Loading...
HomeMy WebLinkAbout20070716 Ver 1_401 Application_20070407~~ Fs C_~` ~~ ~ ~~J~ 3 r~,'r'~~h2OLi7 ~ I Office Use Onl .___ _.____ _.__. __ , y __~_. __.._ __._ . ___. Form Version March OS USAGE Action ID No. DWQ No. ~ 7 ~ ~ 7 ~ 6 ([f any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ~ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ~ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: IWGPlooooo 3. If this notification is solely a courtesy copy because written approval for the 401 Certilcation is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCF,EP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check ere: D ~ n II. Applicant Information ~U~~ APR 2 6 .2001 1. Owner/Applicant Information Name: Rick VanBlarcom - Curb Appeal Properties DE~IR-YvA Mailing Address: 23os Dunn Road 3TOR!~1yyq~R~q~WCH Raleigh, NC 27619 Telephone Numbel•: 919.741.0466 Fax Number: 919.463.2ao6 E-mall AddI'eSS: 4otcurbappeal@myway. com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: J. Reid Hilliard Company Affiliation: The EARTHWORKS Group Mailing Address: 11661 Flighway 707 _ Murrells Inlet, SC 29676 Telephone Number: 843.661.7900 E-mall AddreSS: rhilliard@earthworks Fax Number: 843.6s1.79o3 com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USES Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name Of prOjeCt: Monterrey Plantation 2. T.LP. Project Number or State Project Number (NCDOT Only): This is not an NCDOT Project . 3. Property Identification Number (Tax PIN): aloooo7z and aloooo9a 4. Location COUrity: Brunswick Nearest Town: Asn Subdivision name (include phase/lot number): Monterrey Plantation Phase 1 and 2 Directions to site (include road numbers/names, landmarks, etc.): ocean Highway to intersection with Pea Landing Road approximately 5 miles north of SC state line. Turn North onto Pea Landing Rd. Project site located approx. 1 mile on right. See attached Figure 1 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 33.947028 ~jv 78.541714 oW 6. Property size (acres): 86.94 Acres Cawcaw Swamp, 15-23, C; 7. Name of nearest receiving body of water:Little cawcaw Swamp, 15-23-1, C;SW g. R1VeT B1Sln: Lumber, LBR57 (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Currently the project site in undeveloped. A majority of the site has been under-brushed within the last year. Surrounding land use includes an elementary school, agriculture fields, pasture, low density single family housing and silviculture activities. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Please see the attached project description. 11. Explain the purpose of the proposed work: The specific purpose for the proposed wetland impacts is to provide both upland access and necessary attendant features associated with the construction of single family residential building pads and foundations. IV. Prior Project History V. VI. If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Notification of Jurisdictional Determination, SAW-2007-431-010. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Future plans potentially include a third phase located on an adjacent parcel. No further wetland impacts are anticipated for the proposed project site. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Placement of clean earthen fill . 0.87 acres of fill for road and utility crossings and 0.11 acres of fill for reasonable Proposed impacts totaling 0.98 acres have been avoided and minimized to the extent practicable. Please see attached permit drawings for further details. development of 11 single-family lots. All impacts are to isolated non-jurisdictional wetlands. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list imnactc clue to tenth ctnictnre and Flnnrlinv Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) "A" FILL Isolated, Forested No 0.75 "B" FILL Isolated, Forested No 0.12 "C" FILL Isolated, Forested No 0.03 "D" FILL Isolated, Forested No 0.07 "E" FILL Isolated, Forested No 0.005 Total Wetland Impact (acres) o . 98 3. List the total acreage (estimated) of all existing wetlands on the property: 17.49 Acres, Isolated 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. T~ calculate acreage mnltinly lenoth X width then rlivirla },., d2 S~(1 Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length linear feet Area of Impact (acres Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavati~n_ dredging. flnnrling rlrainaoe hnikhearlc Ptr Open Water lmpact Site Number indicate on ma Name of Waterbody (if applicable) _ Type of lmpact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): o Wetland Impact (acres): o.9a Open Water Impact (acres): o Total Impact to Waters of the U.S. (acres) o Total Stream Impact (linear feet): o 7. Isolated Waters Do any isolated waters exist on the property? 0 Yes ^ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. Please see wetland Impact Table on previous page. Also see attached Notification of Jurisdictional Determination (SAW-2007-431-010) from the USAGE, Wilmington District. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps. included with this application. Pond to be created in (check all that apply): Q uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater Requirement Current land use in the vicinity of the pond: silviculture, school, Farm Land Size of watershed draining to pond: see attached Expected pond surface area: see attached Pond analysis Pond analysis VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Please see attached for a description of avoidance and minimization. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation plan is proposed because the associated impacts are less than 1 acre of isolated wetlands and there are no proposed stream impacts. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 0 s.f. 0 acres 0 acres 0 acres Page ] 0 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No x^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. 7one* I Impact Multiplier Required (square feet) Mitieation l 3 (2 for Catawba) 2 l.5 Total * Zone (extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Page 1 l of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations dernortstrating total proposed impervious level. Total acreage of site, 86.94 ac Total proposed built-out impervious acreage 26.98 ac Proposed building area, 13 0 ac Proposed pavement area, 9.18_ ac. Total proposed pond area 4.3 ac Total land disturbance 70 37 ac XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of ~vaste~vater generated from the proposed project, or available capacity of the subject facility. Sea Trail Wastewater Treatment Plant extended aeration/tertiary (spray irrigation _ non-discharge). Currently treating 0.200 A1GD. Permitted for 0.500 b1GD. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Q Is this an after-the-fact permit application? Yes ^ No Q XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No Q If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our ~vebsite at httlr//h2o.enr.state.nc.us/i~cwctl~inds. If no, please provide a short narrative description: Past impacts in the area include construction of a public school as well as four residential developments. Additional development would not be causative to the proposed development, rather the vicinity of Hvry. 17 and the forementioned developments and public school. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and 'Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page t 2 0l' 12 rvpp,~eanu~-genr•s signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) MONTERREY PLANTATION Pre-construction Notification April 2007 PREPARED FOR: Triton, LLC C/O The EARTHWORKS Group SUBMITTED BY: ~ ~ ~ ', ~ .3, ~ ~~ .,art filanning artd design co~ts7cltartts P.O. Box 201 Murrells Inlet, SC 29577 MONTERREY PLANTATION TABLE OF CONTENTS FIGURES SITE/VICINITY MAP ~ NRCS USDA SCS SOILS DATA 2 2006 NATURAL COLOR AERIAL PHOTOGRAPHY 3 APPENDICES WETLAND IMPACTS DRAWINGS A PROJECT DESCRIPTION g NOTIFICATION OF JURISDICTIONAL DETERMINATION C STORMWATER POND AND SEDIMENT BASIN CALCULATIONS D AVOIDANCE AND MINIMIZATION E DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS F COMPLIANCE WITH WETLAND AND BUFFER REGULATIONS G SITE DESIGN DRAWINGS H ~- _ - -- ~ ~~ ~; ~ o ~ ~~ ~B~ / K / W o /` r~ / ~~ ,/ .- ~, K ~> ` x •z o ' ~ s BMN~K r ~ ` ` ~ \. \ e ~ ~, ' ~ e W° J 'A ; ~ a ~. A+ O r ,~ ~ • . ~ ___ , , 1 ~ ~~ ,l 1 1_ ~ a ~ z ,, ~ .• ,- b a An ~+ O r •rt Op N M O a N b O r, j/ ~ ~,j ~ • ~ ~ V U U _ j~e~~y~c~cgcQi~h~~ vVivViJ~~vVivVi7i;'~ t 1 }~l~, / i .tjLg ~ ~ N t~1000UUU U~~ ~~U~ k~~~1 6®~ ~t ~ ~'1 f, Uzi ~. ~. ~. Z. Z. ~z u~ ~ ~ ~z '~ ~ +~~~.i.#}~1 ~.. 'i. ~~f yi .»~ ~ i i ~~aaaaB ~a~`~00~~ ~~ 1 1 o m ~ 1 O O J x •a O ~ 0 ~ ~ ~ «~ z ~ ~' ~ ~ _ ~~ ~ w .. ° z .-+ N pN ~ fD .-A .pr O O~ N ~ er M r e~ $ r r N N N ce~a O O ~~ G N S Oa .~ `~+ .-~ of ~ ~ ~ rQ 8~8 ~ ,Oaaa- 85O~ ,aaaQ~Q` ~ S5c~ Q ~ ~ ~ •. i _ ~'- ~ ' ~ ,~~' N N O O N O Z5 O N Z5 N N N N m ~j N N N N N N N N ~, I ~i 7! , ~ N ~ S ~ ii Fe ++ppll a •. O .-A N M 7 ~A ~O n f0 P O „"„ :~ .Mi .di N ~. r. _ ar•~~ 1 ~ _~ ~ ~ f ~ r ~' ~ ±.- ~~ rauwnle cmuvmlr.lensamnntwl~m~w.~(P~~fa aeo.e.akp.a repp •lmue4 ]vreM'P+faapMw'saeep.PWem'1P®.wryrR f uetl'AM6 uoNS iefu~ef M P~au{4 eA fPei ePPeNr MAa/ sq n~ Am.p vecpnP aww R Pfdm! w4.utor rywiwA we a W. aym l~'{L'nwa.wpro ~w! mr.Y w9 r•Tmewa ~qUf mp P»ea~fp~ uulo sp AeVlr iawfWaMMM^>NPia m1. gApf Aep.sm RrgMepaelr.aawai.pp baq»~qV~ .peeeds NM+s.JaP [o ~apfra w~)YAe rwpo.q ~pemeuf a 'aLooAu m~ualaa~'a[we aeV W. ~~e®Dma 'eeIAV PP~.a4e. arpyep a.a~s.p'+wmP4 ~~T1NrYw.W' /q ~ra~e^V eilewe.wrlap V~eeala.s aW Yrlw afa9eaA aq Tf~.sgP.uraw1.w11'le~e/V.MPp4a.a.1 pIM 1'+~W SpsOSKDbN. ae6dliigtN wie4n o~~anMa~ Nlw w1in 11.4 >ol Tfa engArpOV~~ASri0AN4Wf+l1 amePV ~° 6~: ~-~ _l s _ i' ~ ~ I ~8 ~ ~ ~ ~~~`~e ~ ~ ~ s- ~ ~ ~j' p g , °~ ? ~~ a ;~ $ ~~' , ~ ; ~~~o ^.. .. t ~~~ $~ ,! q o~ ~ E a u Je ~ f6 K Y \\ao- ..P a` ~ jy~ £,, y '! f . ~ ~ ~ ~ 4 ~ ~~+ ~ sfi .1~'~. ~' ~i ~ 1~ ~ ~ l~~ of ; ~ ~~ ',i . t ~~ a F ~ .~fl~ ~ ~5 ± ~ li ; _ ~'/' S~~~~t~ i~~\ tE ~ S Q6 ~! ' ~ ~ { g,V ~ 1 ~S' ~ A C ll 1 8 d ~ d i ~ ~~~, ~ ~~ ~ ~ t ~' ~ 3~ i_ t~ a _ ~ ~ }'~ ~`° ! ' ~ ~ s~ '~ gyp;°" \:~ t . i ``~- .'r _,w 3,~\ i ~„ ~ i E s+. ~ i :. air :. ~~ .. ~ r °-e..~ ~,,, ~~ i ~ ~~ r _ -' , ~~ - - `~~ t ~, ~ . ~. _ .. ~ - • --~. g g.~ _ - 3;~.~~ _`'~ n rte ~>>.x,~ -h.,,' ~S .," ~".~,~`,~ ,.!./" f~,, ,. z~ \ ~ \'~ <. ~ 3 s ._ f (( g Y , g a ,. ~ t ~(~ ,~ F e.,~~ ~ ~1 j - r- . - _ rah ~~-.. ~ p r ~ ~ ~ ~ { ~ „tip ~~ '.' \ S '~~ ~~, f ~ ~ ~ ~ ~(1~ f ~# a '` S _ ~ < _ _ t . ~~ .. A ~ ~ ~~~ M B ~` ~}-~ .:fig t'.s _. ~ .....a~ ,>.~ ~ ~ ~,~ ~ 3~ a ~ ~~. ~g ~ ~~e,. o , ~ °' ~ ~~ Y ~ k } E ,, ,~, I, ~ ~ ~ '.:fig ( g ~ ,~ ~ } a-~~ ~ p •i ~ l r t \!1 I ,., ! . fi SS~ ~ g~~ SSa r .FF.'S /:` E'~ ~_''~` °L ~ y~ `g m:msnoz cmu~~a¢rowlso~srof:wzn KolSi~ oxa~z vam ne~lv.•vv.vP.v~.n.~y.mwwrylOOQmPI..n'w...M.Y~>mSvmM'.61~^tl'U.~E.T.dS Ndn.Na.wwMn4~P4v9.WV^WW.d..d ~N n~Jm.Y'nm.w. a4pq Pldm.nlNn~uYWVAw..IVN lP ~m •a.w ra..m ni •e.w.eW.. mro wrevm ~.a ~.!a.epem.~®. e~..yc gal Of mOx MVO ~MU,uWS.BaeW VJ V..9Amq Pdv q!»4m W.q~~9dlolwvmvW mOWpnNPlvvqui Nw.wM moyae w[dwosW.~e(vh~PVxbFlvs 74a•ns)iA Vwo ie.vl.p gi.arnfvPg Lm~n4ig9'~.vN[v ®q~.IVS~~da.av.6w w~v 'MN VV My pppN mwA +.D'~wRPT~\ECi vPVVe hism~wv~own..nniv9VV?Mt.a v~~/w P~ql+»N mf 1..O.gy yrwawA S.O'I.TI^D.IIV.P.~O1N'n.lodiF Vi ~POWOnwrodM (wgYSdn SOMViavoR Il pit '+4 H.f w .~v1~vnY.. d.OO SYYnN{{xYf.~t, -am~pp q ~S yl ~ ;. C ~~ C ~ ~~ ~ ~ t. w ~~., .~~ ~/ _~ 9A'a ~ r - ~iIIF~ / ~ ~ ~ W r ~~._` ~ ` ~ S 2l:~ z rJa ._ s ~jY~'tjati/~S ~ a 'w ~~~:, ~ ry ~2 ~ r/~ ~`~~ ,. A41~~~~' ~y~4i}_~al~'1!t •t j1.e4 ~" ~ ai i-` ~ ~ ~ ~ $ 1, z • tra ~ 4 .x n ~~a,M~~a .~ t ~ ~ ~ ~ gnw.swRr..mPP•tv`u e~awmm..N1~9wYMx'.rM.9M•VSPahwmp•V.Alm4'YvIS•>VrAS PprsOR Ow w®PK1~AYwV eOran~Prd>aC rN we Ym rei~wwrn#pe1m R'iNdW>o{putYsl>rvwNlwxsA Ire4•esw rma.v mcB PYdvw wep uY Y11 .1Pw wpwep~r41, ~vl0f ~a vwwwfp~ua>Ia rR rotusedR>s goypmP gNpp Ym se pllttRi9Nlovm wtW UaiMweApawaovf eu~P>an{w rml>o >R 01vwN~S9veev(vgvW •NwVlww dmPwwlVAemppvw u9. wnw gPemrui~e!~.yp y'aw.epp gpYfRR •'d'p+ils mmoyy wNrv'R Cf Nw W~maOma ®CrwwwPVeV m.r prp'vapppRa NsOpil^apNw d~iRmcWw4lornunslsgpRwypwRaq~nlwrdgraaaREf Mepiro.epprpp4wl pr~aor~rippoegmefnpgpb~apwf sfop.!vav>oaobeA /vlglpdwpwP 4lwrvavY •f rewlw aRR• epaglmatp SIIIRJrt1LWfsy, nmiwtl PROPOSED ISOLATED WETLAND FILL "E" 197 S.F. 0.005 ACRES PROPOSED ISOLATED WETLAND FILL "D" 306 S. F. 0.08 ACRES PROPOSED ISOLATED WETLAND FILL "C" 1,362 S.F. 0.03 ACRES PROPOSED ISOLATED WETLAND FILL "B" 5,239 S.F. 0.12 ACRES PROPOSED ISOLATED WETLAND FILL "A" 32,747.S.F. 0.75 ACRES .. v .. I- _.f: ~ . ,- ------ - y- ~ ~~i~~: AREA SUMMARY ~; •'• TOTAL AREA 86.94 Ac. 3,786,920 SF C••• TOTAL UPLANDS 69.44 Ac. 3,024,992 SF ~'.' ISOLATED WETLANDS 17.49 Ac. 761,928 SF /•' •' TOTAL IMPACTS 0.98 Ac. 42,512 SF ;• _ '•'~ *NOTE: AREA SUMMATIONS WERE OBTAINED BY ADDING THE SQUARE FOOTAGE OF EACH '~' AREA THEN CONVERTING TO ACRES. i' . _ ---~ IMPACT SUMMARY _= _~~- IMPACT ID IMPACT AREA "A" 0.75 Ac. 32,747 SF 2,022 CY "B" 0.12 Ac. 5,239 SF 291 CY "C" 0.03 Ac. 1,362 SF 122 CY "D" 0.07 Ac. 3,164 SF 272 CY "E" 0.005 Ac. 197 SF 91 CY TOTALS 0.98 Ac. 42,709 SF 2,798 CY LEGEND ISOLATED WETLAND IMPACT [~ EXISTING WETLANDS Revisions OVERALL PLAN Applicant: TRITON, LLC Date Initials Project Title: 04.19.07 JRH MONTERREY PLANTATION 04.23.07 JRH Date: 03-15-07 Scale: 1" = 500' Project Location: PEA LANDING ROAD - - Application # BRUNSWICK COUNTY, NORTH CAROLINA Sheet 6 of 9 1 11 11 I 1 I / 1 1 1 111 ~~I ~ ~~~~ ~ 11i I I 1,1 1 ~I 11 1+~ j / , I i~// ~ ~ ~ ~~1 % ~ ~/ I I ~\ i ~~ i I ~ \ / I ' ~,r l ~ ~L ~L ~L ~L ~ ~~ I n 1 ~ ' ~ ~ .t, ~ .~ 1 1~~ 1/1 1 k!v 1 ~i ~ ~ ~ ~ ~ ~ 1 ~ li y PROPOSED WETLAND FILL "A" 32,747 S.F. 0.75 ACRES LEGEND ,. ,~ I ~ EXISTING CONTOUR I ~ I~ i ~_ PROPOSED WASTEWATER LINE & MANHOLE FH PROPOSED WATER LINE & FIRE HYDRANT ~_ PROPOSED WATER SERVICE LINE I -~-~i~ PROPOSED WATER VALVE & PLU I-FM ~~~ PROPOSED FORCEMAIN & VALVE 00 PROPOSED RIP RAP o ~ O © PROPOSED CATCH BASIN PROPOSED CONCRETE PIPE 11 II t' ~ ~ ~ J,~--- II ' 111 v -> ~~ ~~ ~ ~~ ~ ~, 1 ~ / i ------~ 1~ I ~~' ~I I 1 I ~ 1 I ~ I I % i 1 I II I I I ~Ir I 11 I I 1 I i `~ ~ r i 1 i .1 i 11 1 , 1 1 li 1 ~ 1 ' - I ~ ~.~\ 11 ",1 ' ~. ~ 1 1 I 1 '1 `~ ~ 1 1 1 i ~ 1, ~ I ~ a i - ~ ~, 1, ~ ~~ ~ I i \ ~~ i i i ~ i 1 ~~ i ,~ i \1 ~ , ~ y 1 ~ 1y 1 1 \` / I ~ I (~ / I~ 1 ~ 1 ~. ~ ~. ~ -- ~ ~ ~--~ , ~\_ ____-__=~~ ___ 1 __ ________________ ~~ 1 ~~~ __ I _ ~ '_I II~~ ~ __--'' Applicant: TRITON Dateev~s~ int~ais WETLAND IMPACT "A" PLAN Project Title: 04.19.07 JRH MONTERREY PLANTATION 04.23.07 JRH Date: 04-05-07 Scale: 1 " = 100' Project Location: PEA LANDING ROAD Application ~ BRUNSWICK COUNTY, NORTH CAROLINA Sheet 7 of 9 ' " i L ~ ' - ' o ~~~ ~ ~ ~ + ~i~ ~ ~ i 1 1 1 ~ r- rn ~ r ~ ~~ i l ~ it ~ i 1 ~ ~ ~ ~ U II o ~ `--'mi ~ ~ ~ --~ ~ ~ ~ '- 00 i i 1 I I I ~ # ~ 1 1 ~ ~ ~ ~ m ~ o N +I ~ w a $ 11 ' ~ ~ t \ I- i 1 # ~ i 1 ~ 11 1 1 ~ U i ~ / # # 1 1 ~ /\ ~\ 1 \ i t]~~w i +I ~ i ~ ~-i' ~ '~ -- L -- ~ ~ J ~ Q w-~ ~ , ~ _ 1 1 ' ~ w ~ ~ Z o ~ ~ ~ ~ ~ `. ' ~~ II ~ ~ ~ i 1 it 9 ~ 11 1 ~ 1 ~ ~ O _ ~ w ~ - a~ a ~ Ali _ __~r__ r- ~ ~ a I I ~ o 0 ~ ~ • 1 ~ ~ ~ ~ a 11 1 '1~ 1 1 1 ' 11. ~ ~ ~ 1 I I 1 I' 1 J - ___- ~~ ~ = ' ~ ~ ~' _ _ , ~ - , ' ~ u ~ --~ a ~ / ~ O O - ~ I 11 I \ ~ I ~ 11 ~ - ~ I J - - ~ I J ~---- o . ~ /~ ~~\ ~ z J W / -~ ~ J ~~ Z J W °~ > ~ ~ U w a~ w Q Q _Z w Q z z ~ w Qw O O ~ ~ ~ cn > Q ~ ~ Q w ~¢ ~ ~ - ~ ~ ~ (n ~ H W F W ~'-I U ~ m = W ~ C' U Z \ - ~ - ~ Q Q~' - Q ~ Q ~ ~ ~ z = ~f- _ o- ~ ~ ~ ~Q ~ ~ L,._ ~ U ~ ZO ~ ~ Z U Q Nw U ~ 0~ ~ o ~ D U p Z J U ~ W J (/) W 0 (n ~ W (n W (n W (n W (n 0 ~ J ~ w r D O _ O O a ~ Z ~ ~ ~o F- ~ Q. oz W oW d.. o W 0 ~ 0 d 0 0 o Z O Z g o0 0 N 0 0 x w ~Q ~~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ rl ~ w ~ w ~ ~ a ~; ~~ ~ ~ O Z ~ 'J W ~ U / ~ ~ ~ ~ ~~ ~ o O ~ ~ ~ ~ ~ ~w J - ~cn d i~ ~\ ~~ ~ o ' ® ~ U N F- Z N Z ~ \ --- ~ Q ~ a o O ~~ o~ a m ~ Q / / 1 / i ~ ~ ~/ ~ / / \ ~~ \ ~ / z , / ~ ~/ i i / L ~ ~ / i i I # O ~ ~ i ~ /~ ~ \ ~ ' # # # jy W \ II o ~~ ~ ~ ~ +t ~ ~ ~ , i i # # # i j ~ i 0 ~ ~ ~ ~~~ ~ ~ ~ \ # # # # i ~ / i ~-- ~ U ~ L (n ~ / / ~ Q ~ / i # i # / 1 # l1 `{ ~ ~ ' # i # i \ ~i ---~ Q ~ d ~\ ~ J' ~ /'` i i i i i _ O _ s ~ I i ~ i/ ~ ~ ~ ~d \ i ` _. r / O O / #1 ~ ~ ~ ~ ~/ r ~ ~ ~ /~/ ~ ~ I I 11 ~ ~ \ ~ II 1 y~ L ~ \ ~ o ~ ~ ~ + __ ~ a d N _ ~ ` \_ a _ 1+ a ~ ~~ .. x ~ / // ~ ~ * ~ c ~ a 2 2 ~ r - - ~ ~ ~ ~ / /;/ ~~--- - r- - I r ICI .o - ~ ~ ~ I _ __ ' 1 L ~ J 0 , N k~~~~ ~ J / \ ~~ ~ O O ~~ ~ \ / ~ ~ ~ ~ ~ ~ ~ ~ \ ~ ~-~ ~r / i ~ ~ ~~ ~ ~~ ~ 1r~~~~ - ~ ~ ~ ~ h~ ~~ C~ ~j W Z J W J W J W Q Z J W ~ Z__ W Q (nom Z_ W Q- (nom ~ W ~ J W W pz J J U COQ _1 J U W J Q ~ Z ~ Z Q Z QJ W ~ 00 l- ~.~ ~ u7 W' ~ J (n ~ d Q W ~~ Q ~ O ~ W ~ ~ W ~ W U Q ~ m ~ W UU W O (n ~ (n O ~ ~ (n Q H I -- Q~ Q ~ Q ~ a _ ~ ~ z _Z ~~ ~ a ~ ~ ~Z ~ ~ ~ _ ~ Q O QZO O ~ O ~ U ~ Q ~Q D D ~ ~ U U ~ Z O _] Z d d C.~ W N J (n ~ (n (n (n (n o W O W --~ ~ Q t~J Z ~ O~ a = OZ O a O O O ~ ~ ~ ~ - Z ¢ z a- .. z Q ~ x oZ ~Q . ~ oW o ~~ ~ ~ 0 ~ ~ 0 ~ ~ 0 ~ 0 0 o g o0 ~ ~ a ~ Z W ~~ dL~ W ~ d W ~ W ~ ~ . ~ o oY w _ [~ /~ . "~ ~ o ~ ~ ~ , ~ ~ ~ _ U W ~ _ ~ v ~ Z \ ~ W __ \` \~ o ° © ~ Z a~ ' ~ J j Q ~~ ~m PROJECT DESCRIPTION Monterrey Plantation is a proposed single family residential subdivision located off of U.S. Highway 17 and Pea Landing Road approximately 5 miles north of the South Carolina Line in Brunswick County, North Carolina. The project is designed to provide necessary infrastructure, access and attendant features for 214 lots and one amenity center. This site consists of 86.94 acres, with 69.45 acres of uplands and 17.49 acres of isolated wetlands. The majority of the site is currently undeveloped and sparsely to moderately wooded. Several drainage ditches also traverse the property. According to a Report of Preliminary Geotechnical Exploration completed by S & ME, Inc, on-site soils consist of two general strata. Below the topsoil, is a sandy lean clay that is found to depths ranging from about 4 to 5.5 feet. Underneath that layer is a stratum of poorly-graded sands which extend to depths ranging from 10 to 11.5 feet. Aground water level of between 4 to 6 feet below the surface was measured at the site at the time of the geotechnical exploration. The soil profile at the site should be generally suitable for the proposed development. The upper layer of clayey soils will impact roadway subgrade preparation. These soils will pump, rut and become unstable under construction equipment when they are wet, and will be difficult to dry out once they become wet. Therefore site grading will be performed to most practicable extent during dry periods. If grading is performed during wet site conditions some form of stabilization will be implemented during the mass grading of the site. Stabilization may include selective undercutting, drying of the near-surface materials, or a combination thereof. Drying of soils can be facilitated by disking, pulverizing and plowing the soils under favorable weather conditions. Site preparation over most of the site will include stripping of surface vegetation, removal of roughly 6 to 12 inches of organic topsoil, plus root mat, roots, stumps, etc. Site preparation will also include implementation and maintenance of site drainage. The following general procedures will be considered during preparation and earthwork: 1. Strip surface vegetation, trash, root balls, root mats, and organic material, where encountered, and dispose of outside the building and roadway footprints. Do not locate burn piles within building or pavement footprints. 2. The groundwater should be maintained at least 2 feet below the existing ground surface. Drainage by ditching may need to be performed to remove isolated near-surface lenses of perched water. This will reduce the potential for damage to the subgrade during earthwork operations and should help stabilize the subgrade. Perched water can likely be controlled during mass grading by excavating open ditches and/or constructing underdrains that discharge toward lower elevations. Drainage and erosion control should be implemented and maintained as soon as possible prior to construction. 3. After the stripping operation is complete but before mass grading begins, the stripped surface in all areas to receive fill should be proofrolled by making repeated passes with afully-loaded dump truck or earth-moving pan. The proofrolling should be conducted only during dry weather and after drainage has been implemented and allowed time to function in order to avoid degrading the surface. Where soft clayey soils are exposed by the stripping operation they should also be proofrolled but not until they have first been stabilized. Areas of rutting or pumping soils indicated by the proofroll may require selective undercutting or further stabilization prior to fill placement, slab construction, or base course placement. 4. Areas within the low lying areas that are to be filled should be initially stripped of all surface vegetation and topsoil. Once stripped, the subgrade soils should be evaluated prior to the placement of fill material. Areas of unstable material may require selective undercutting or further stabilization prior to fill placement, as determined by the geotechnical engineer. All grading work within the wetland areas will follow any applicable state and federal requirements. Sedimentation and Erosion control will be utilized as preventative maintenance to help ensure that during the life of the project any impacts are minimized. After the infrastructure is in place, Sediment and Erosion control measures will be maintained and monitored during all phases of build out. Once all aspects of construction and build out are complete, Sediment and Erosion control measures will be removed as proper site construction, grading, and stormwater management will be in place at that time. X 7 0 7 1 6 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2007-431-010 County; Hrun ck U,S O.S. Quad: 1 as NOTIFiCATTON OF J[)RISDiCTXONAL DETERr'VIINATION Property Owner/Agent: Freeman (Cause Pamela Cllbb MaQ~g~ Cribb IV E~UX Address: ~ 8221 Ocean Hwv West 14'O Borr 4124 360 Pea Landine Iirj, Sunset Beach. NC 28468 Calabash N~ 28467 , , ._ Ash NC 82 420 Telephone No Property description: Size (acres) apnz. ]04.54 Newest Waterway UT to Caw Caw USGS IIUC Q,3040207d Location description The uarcals are l~ to the Caw Cqw Canal youth of Ash NC Indicate Which of the Follotivin~ Annly: A. Preliminary Determination Nearest Town ~sb Rivpr Basin um r Coordinates N 33.9459 W 78.5428 Based on preliminary information, there may be wetlands on the above described property, Wa strongly suggest you have this property Inspected to determine the extent of Department ofthe Army (DA) jwisdlctton Io ba considered final, a jurisdictional determination must bo verified by the Corps This prol{minaiy detettnination is not an appealable action-. under the Regulatory Program Adminlshativa Appeal Process (Rafarenea 33 CPR Part 331). B. Approved Deterwination Thera are Navigable Waters of the United Stator within the above described property subjrrct to the'•permlt requirements of Section 10 of'tbe Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law ar our published regulations, this determination may ba relied upon for a period not to exceed five years Som the date ofthis notification. _ Ihere era wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § ] 344). Unless there is a change in rho law or out published regulations, this determination may be rolled upon for a per iod not to exceed five years from rho date of this notification We strongly suggest you have the wetlands on your property delineated Due to the size of yom property and/or our present workload, the Cmps may not be able to accomplish this wetland delineation in a timely manner, For a more timely delineation, you may wish to obtain a consultant. To ba considered final, any delineation must be verified by the Corps. The wetland on yow~ property have bean delineated and the delineation has bean verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this swvey should ba reviewed and verified by the Corps Once verified, this survey wilt provide an acewate depiction ofall areas subject to CWA jurisdiction on vow property which, provided there is no change in the law or ow published regulations, may be rolled upon for a period not to exceed five years.. _ the wetlands have been doliuoated and swveyed end era accwabely depicted on the plat signed by the Corps Regulatory Official Idanti8ed below on .Unless theca is a change in the law of our published regulations, this determination may be relied upon for a period not to exceed five years from the data of this notification ~ Ihere era no waters oftha U S , to include wetlands, present on the above dosctibed project aroa which arc subject to the perm{t requirements of'Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or out published regulations, this dctermhtation may be tolled upon for a period not to exceed five years from the data of this notification, x I he property is located in ono of'tha 20 Coastal Counties subject to regulation under rho Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to determine theft t~equirements. Page 1 of 2 Action ID: ,~r~W -adn~ . c~~l •ol[a Placement of dredged or fill material within waters o#'the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of"the Clean Water Act (33 USC § 1311). Ifyou have any questions regarding this determination and/or the Corps regulatory program, please contact Jennifer FYve at 910-251-4923. C. Basis For Determination Ptease be aware that this nronerty contains non-iurlsdictional. isolated wetl±~pda Please contact, North Carolina D. Remarks E. Appeals IttfoTmatlon (This information applies only to approved Jurisdictional determinations es Indicated in B. above) This correspondence constitutes an approved jw isdietionai determination for the above described site If~you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR pa-t 331 Enclosed you wilt find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If'you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at rho Following address: Mr. Michael F Bell, Adminishative Appeal Review Officer CESAD-ET'-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 _ Atianta, Georgia 30303-8801 In order for an RFA to ba accepted by the Corps, the Corps must determine that it is complete, that 3t meets the criteria for appeal under 33 CFR part 331,5, and that it has been received by rho Division Office within 60 days of the date of the NAP Should youdecide to submit an RFA form, it must be received at the above address by /2 7 •'It Is not necessary to submit an RFA form to the Division Office If you do not object to the determination In this correspondence ++ Corps Regulatory Official: r--------_ Date 02/0 !2607 )Expiration Date 02/OZnol~ The Wilmington District is committed to providing the highest level of support to the public, 7o help us ensure eve continue to do so, please complete the attached cusromer Satisfaction Survey or visit httn://www.saw.usace.armv mil/WETLANDSIindex html to complete the survey online. Copy fwnished: Noallo Lutheran, DENR-DWQ, Wilmington Regional Oflice, 127 Cardinal Ihive Ext., Wilmington, NC 28405 ~at~Ivlatrag~gnt Grtoup, Inc., PO Box 2522, Wilmington, NC 28402 Rick VonBatcom, Cutb Appeal I'ropetties, 14460 New Falls of ~e Neuse Rd., Suite 149, Box 224, Raleigh, NC 27614 Page 2 of Z ~ 7 ~ 7 1 6 ~to-•m~vater Pond and Sediment l3asiu Calculations Pond 1 Total Drainage Area = 8.41 Acres Required Sediment Storage Volume = 1,800 cubic feet per acre = 1,800 cf /ac * 8.41 ac = 15,138 cf Total Pond Volume Provided = 87,120 cf Minimum Required Pond Surface Area = 435 square feet per cfs of Q10 peak inflow = 435 sf/ cfs * 34 cfs = 14,790 sf Total Pond Area Provided = 21,700 sf As illustrated above, both pond area and volume satisfy design criteria. Pond 2 Total Drainage Area = 10.2 Acres Required Sediment Storage Volume = 1,800 cubic feet per acre = 1,800 cf/ac * 10.2 ac = 18,360 cf Total Pond Volume Provided = 121,970 cf Minimum Requircd Pond Surface Area = 43S square feet pa• cfs of Q 10 peak inflow = 435 sf/ cfs * 36 cfs = 15,660 sf Total Pond Area Provided = 30,492 sf As illustrated above, both pond area and volume satisfy design criteria. Pond 3 Total Drainage Area = 12.4 Acres Required Sediment Storage Volume = 1,800 cubic feet per acre = 1,800 cf /ac * 12.4 ac = 22,320 cf Total Pond Volume Provided = 108,030 cf Minimum Required Pond Surface Area = 435 square feet per cfs of Q10 peak inflow = 435 st% cfs * 32 cfs = 13,920 sf Total Pond Area Provided = 27,010 sf As illustrated above, both pond area and volume satisfy design criteria. Pond 4 Total Drainage Area = 13.14 Acres Required Sediment Storage Volume = 1,800 cubic feet per acre = 1,800 cf /ac * 13.14 ac = 23,652 cf Total Pond Volume Provided = 209,090 cf Minimum Required Pond Surface Area = 435 square feet per cfs of Q10 peak inflow = 435 sf/ cfs * 38 cfs = 1 G,530 sf Total Pond Area Provided = 52,272 sf As illustrated above, both pond area and volume satisfy design criteria. Poucl 5 Total Drainage Area = 13.3 Acres Required Sediment Storage Volume = 1,800 cubic feet her acre = 1,800 cf /ac * 13.3 ac = 23,940 cf Total Pond Volume Proviclcd = 120,22.5 cf Minimum Required Pond Surface Area = 435 square feet per cfs of Q10 peak int]ow = 435 sl% cfs * 31 cfs = l 3,485 sf Total Pond Area Provided = 30,060 sf As illustrated above, both pond area and volume satisfy design criteria. AVOIDANCE AND MINIMIZATION The requisite for this development to be economically successful can be achieved primarily through approval of the proposed impacts. The natural resources of Monterrey Plantation have been carefully considered in planning for the success of the proposed project. The development has been designed to incorporate and enhance the natural resources of the site while keeping in mind the proposed use of the property. As described in this analysis, impacts to the sensitive natural resources were avoided or minimized during each step of the planning process to the most practicable extent. All environmental and regulatory requirements have been met or exceeded during the development of the Master Plan. A 20-mile radius search for other suitable development tracts was completed in the vicinity of the proposed Project site. No other available parcels were found in the vicinity where such a development could be successfully designed. There were no other tracts of sufficient size, between 75-100 acres, or that didn't otherwise have a better combination of practicable conditions for development. The search yielded 423 tracts of land as shown in the attached Figure 3, (Appendix A). Sites that were found within the size range were otherwise dominated by wetlands, currently developed, lacked points of access, or were not currently for sale. In light of the overall project purposes, the current 86.94 ac Monterrey Plantation site is the most practicable site available and capable of achieving Project goals when considering costs, logistics, and existing methods for development. Significant site features, such as existing wetlands, natural drainage paths, large trees, and stands of trees were taken into consideration in the planning process to minimize natural resource impacts. Stormwater management planning, residential lot locations, and utilities placement were all designed with the goal of avoiding identified resources. Avoidance of impacts to the wetlands was a central effort in the many considerations of development designs. As impacts from preliminary plans were identified, the Project consultants worked to redesign the individual areas to minimize and avoid the impacts. A copy of the original different design iteration is included, (Appendix B). The roads, utility corridors, and other developmental aspects of the proposed Project were all completed for permitting after the wetlands were thoroughly assessed. The process eventually resulted in an avoidance and minimization of wetlands to the maximum extent practicable for the proposed development. The road placement was dictated by the geometry of the property with respect to existing roads, and the need to satisfy this project's objectives. These crossings are proposed to cross perpendicular to the most narrow portion of the wetlands to the most practicable extent in an effort to minimize impacts to only 0.87 acres. These crossings are also designed to prevent the restriction of, and withstand expected high flows, to maintain flows through the floodplain during flow events exceeding bankfull, and to prevent the restriction of low flows and the movement of aquatic organisms. This design should allow adequate passage for aquatic life occurring naturally in the vicinity of the proposed impacts. The proposed fill for lot development is needed to ensure that there is a minimum distance of 70 feet from the front building setback to remaining wetlands. The distance was considered practical to allow for construction of the minimum 1800 square feet of enclosed dwelling area with sufficient space to allow for the establishment of a back yard. Other construction constraints forcing the 70 foot distance to encroach into wetlands consist of the minimum building setbacks including but not being limited to the house being set at least 25 feet from the front property line and no nearer than 5 feet from any side property line. This compresses the building envelope. The minimum dwelling area requirements are specified by Article VII, Architectural Control of the Declaration of Covenants, Conditions and Restrictions for Monterrey Plantation, (Appendix C). Efforts were made to maintain minimum setbacks in order to minimize wetland encroachment by fill. This effort has minimized impacts for residential building foundations and attendant features to only 0.11 acres of isolated freshwater wetland fill. Careful planning has resulted in limiting the impacts to only 0.98 acres of fill in isolated freshwater wetlands. Minimizing impacts to only 5.6% of the total wetlands is a substantial avoidance of the potential impact to natural resources within the proposed development. The design effort, along with the minimum economic requirements, land development requirements, stormwater requirements, common engineering practices and other issues mentioned herein, strongly suggests that the plan has avoided and minimized impacts on natural resources to the most practicable extent. ~ ~- ~~' R. M~~-F 1 v~rCv _ _w r \ ~~x, '`;i~- ~~ 1 __ --- e ,r, 3e '~ 4 = '~ ~ 4 ~ 4 7~ 7, ° ~ 1J° ~ •,,. ~b~~ i ~ ° ~ i ~ o ` ~:~. $ \~; ~ ~ , ,, i _- ~\ 0 Cv o ~`, p ~ ~ ~ \ '~ c~j ~ ilt-'' p~ti ~ ~V) 1'~ '~' ~ ~ D ; ~ Ll ~ .. , ~ o ~ _ ~` ~ ti~ ~ d~ ~ ~ • ~~ - ~ ~ ~ ~ ~ ~ ~ ~t~ t c,' ~ ~ ~-1 ~, ~ ti} V G ~' Q ~~ ~ UD '~ ~ b ~ ~-~` \ n~4 ~ ~ o~ 4 ~ a 4p ~ ~ ~ a~ ~ ~`. ~D ~ ~ r < ~ ab d~ ~ o ~ ~ ~, a ~~:.: , ~ W s e f ~, ~ 4 p ~ BV' ~S ~ ~ ` ,~ .~, z ~ E fl X ~ ~ II ^ `1 ~ ,13 a 4 ~~ 6 ~~n _:~,-_ o ~( Ica p ~;: ~ ~ ~ ii ~ ~ , ~4 e, 4 _ ~ ~ ~ v U ~ ~~~ :~ ~~ ct 3 ~ p ::,,. n~ ~ 9 ~ ¢~ ~ og ~~ ~, a ~ ', ~ va~~ '~~ d ~~L~-" o ~ ~ ., ''~ ~ u fir' d ~'~ ~ ' ra ` ~ ~cfi ~ coca ~, q ~ ~ 4 s~zi~ v~ D c~ ° o ~~\~ F• ~ r fl = = z ~ ° _ " ~ z ~J • -. ~ g It ~ ~ ~ icy. ~ 5 ~ ~t ~; C ~~ ' ~~ i ' ~' ~ L•1 e ~ ~ ; C O 1, _•~ i'~ GP' 40 _ d ~ Z~v. r'~7 = r 1l ~ ~ 1' { ~ ~~ 3 ~O¢O ~ 1` ~ e ~ ~ _ ~ . v ~ ~ - ~ ~s t f: .. ,: ~:. i all ::-: }~1 'a....1-:. ...•.I:~.. ,, .\. •.ilary:4"'-•~, Aa , 11 V '1 . e .1.. =.i. .: ,.:. r •a 1 r~ 1 a. ;!;: -_.1.. ,. ,.-..,.~. _:...,• .: .~ ;r" -,-,;~u_, ii,~ '..-,~r ;-,. .. ~-°~ .,. r~ `~'*,"~~' -s~ ; r r ~ ,s rt Lyl it i lY.i ... - '~f- Irl ': ~~...-_. . t .. ~ , r : • - _t(.. i.r • .J- :a :all s a _ ` CMS ~~~~B~i~~~F~~ Boa ~~~~ ~~~~. ~~ _ ~ ~ ~~ b §88 43 ~ s ~~~~~ ~ ~ ~~~~ ~ ~~~~ s ~ ~ ~ x ~~~~ k~~ a ~ gg~ ~ D g m "a _. ._,._z Reg 09~ "4 .3$0 ?. €.t~ E0. _,.~ i~1 ~~~€E~~~ aF~$~ ~~ € ~ $ ,gyp{t~ ~;; t~F ~ 1 y ~~ ~~ ~~~,~ ~ m s '~~~~ ~ ~g ~~~~ ~ ~ ~~~~ B ~ ~ '~ G~, 9~ a3a3 87~Y ~~ R Sfi4 ~ ~.9 ~R .sn k ®~~: ~~~z ~9g3 ~Y ~~ A' ~~eM 8'~~ ~A~~ a~j~ ,~ ;fi 9 ~FA ~"• d;~m Y~C 3 ~[~i~ ~e~~. C, e~~...,..,,~~,.~..s,ii ,o,~ .~~y aid ...: id .,....~ ~-- --~-- - td flit???t!?flff?ifi@@`i iiifiiittif?fittfiif'e €@if@!!@!tf?ittl~~@!!i'i f@liiiil9itif@f@ftft'i _ = 1 f@@lttfiftltiiiti'i t@t!@ttitlttlftttftt'i fitif!?ltti@@°.@@@:@!'i ~t~t~t~t~ti@!@tttlttttttt?'i~ i d ~T~Tman~~Tn ... i d @~:!@tt@ttittt@@@t@@'i t???iti?t?ittti@!@!?'iJ i@!@@!!Et@d?ttt@@@!t'i ~ ~~~ ° ~~~ ~ ~ ~ ~ STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONTEREY PLANTATION THIS DECLARATION, is made this the 9`" day of April ,2006, by Curb Appeal Properties, LLC, a North Carolina Limited Liability Company (hereinafter collectively referred to as "Declarant"). WHEREAS, Declarant is the owner or contract purchaser of the real property in Brunswick County, North Carolina, which is more particularly described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION AND WHEREAS Declarant desires to provide for a uniform development of said property for the purpose of preserving its value and to protect the present and future owners thereof; NOW, THEREFORE, Declarant hereby declares that all of the properties described in the attached Exhibit A shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of said property, and which shall run with the said real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARITCLE I DEFINITIONS "Association" shall mean and refer to MONTEREY PLANTATION Homeowners Association, Inc., a private, non-profit corporation formed already or to be formed by the Declarant primarily as a homeowners association for the Lot owners in MONTEREY PLANTATION, all of whom shall be members of the Association. Bylaws of the Association are attached hereto as Exhibit B. 2. "Common Area" shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners, including but not limited to roadways. The common area to be owned by the Association at the time of the conveyance of the first Lot is described as follows: All real property in the MONTEREY PLANTATION development excluding that which is directly beneath each individual Lot. 3. "Declarant" shall mean and refer to Curb Appeal Properties, LLC and their successors and assigns, if such successors or assigns should acquire over one-half of the undeveloped Lots from the Declarant for the purpose of development. 4. "Period of Declarant Control" shall mean the period of time commencing on the date hereof and continuing until each Declarant voluntarily surrenders control of the MONTEREY PLANTATION by recording a notice of said surrender of control with the Brunswick County Register of Deeds or by delivery of said notice to a majority of Lot owners in MONTEREY PLANTATION by regular mail in the event that the Brunswick County Register of Deeds refuses to record said notice for any reason. 5. "Lot" shall mean and refer to those portions of the subdivision property specifically allocated, platted or recorded as Lots for use as single family residences as shown by any maps or plats of MONTEREY PLANTATION that are recorded in the Brunswick County Register of Deeds. 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the MONTEREY PLANTATION, including contract sellers, but excluding those having such interest merely as security for a loan or the performance of any other obligation. Each Lot owner shall be a member of the Association. 7. "Properties" shall mean and refer to that certain real property described herein or described on Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 2 ARTICLE II PROPERTY RIGHTS 1. OWNER'S EASEMENTS OF ENJOYMENT: Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to limit the number of guests of members; b. The right of the Association to suspend the voting rights and owners' right(s) to the use of the recreational facilities by an owner for any period during which any assessment against his, her or their Lot or Lots remains unpaid; and, for a period not to exceed sixty days for any infraction of the Association's published rules and regulations; c. The right of the Association to dedicate or transfer all or part of the Common Area to any public (county, state or municipal or other governmental) agency, authority or utility for such purposes and subject to such conditions as may be agreed upon by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds of the members agree- ing to such dedication or transfer has been recorded; d. The right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Area. 2. DELEGATION OF USE: Every owner may delegate, in accordance with the By-Laws, his, her or their right(s) of enjoyment to the Common Area or facilities to the member or members of his family, his tenants or contract purchasers who reside on the property. ARTICLE III EASEMENTS 1. Easements are reserved as necessary in the Common Areas for the installation and maintenance of underground utilities and drainage facilities. 2. The Association, acting through its officers, agents, servants, and/or employees shall have the right of unobstructed access at all reasonable times to all properties as may be reasonably necessary to perform any exterior maintenance to be done. 3. Each Lot and all common areas and facilities are hereby subjected to an easement for the landscaping, repair, maintenance, inspection, removal or other service of or to all electricity, television, telephone, water, sewer, utility, drainage and the repair of all privacy fences on individual Lots or other common areas and facilities, whether or not the cause of any or all of those activities originates on the Lot in which the work must be done. 4. Ingress and egress is reserved for pedestrian traffic over, through and across sidewalks, paths, walkways and lanes as the same from time to time may exist upon the common areas and facilities; and, for vehicular traffic over, through and across all streets as from time to time may be paved and intended for such purposes, for all Lot owners in MONTEREY PLANTATION, their guests, families, invitees and lessees, the Association, the Declarant and their successors and assigns. 5. An easement is hereby granted to all police, fire protection, ambulance, law enforcement, and all similar public and private persons, companies or agencies performing emergency services to enter upon the Lots and Common Area in performance of their duties. 6. In case of any emergency originating in or threatening any Lot or other structure or the common areas and facilities, regardless of whether the Lot owner is present at the time of such emergency, the Board of Directors or any person authorized by the Board of Directors shall have the right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot owner(s), and such right of entry shall be immediate and unconditional. 7. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any owner, purchaser, mortgagee and other person or entity having any interest in MONTEREY PLANTATION or any interest in any portion of or addition or annexation to MONTEREY PLANTATION, regardless of whether reference to said easement is made in the respective deed or deeds of conveyance, or in any mortgage or deed of trust or other evidence of ownership or obligation, with respect to the easements and rights described in this Declaration. 8. The Declarant reserves the right to subject the real property in this subdivision to a contract with Brunswick Electric for the installation of street lighting, which contract requires or will require a continuing monthly payment to Brunswick Electric, or its successors, from each residential customer for street lighting service. 9. Declarant reserves the right to subject additional properties to the terms and provisions of these Protective Covenants. The property which may be made subject to 4 the terms and provisions of these Protective Covenants may include additional adjacent properties thereto (adjacent being defined to include real property located across and adjoining body of water or right of way of any kind). All or any part of such property may be subjected hereto; such property may be subjected hereto in one or more phases. However, to the extent that any portion of such property has not been subjected to the terms and provisions of these Protective Covenants by recordation of an amendment to these Protective Covenants in the Brunswick County Registry, which amendment specifically exercises such right, on or before January 1, 2012, this right shall terminate. Lots made subject to the terms and provisions of these Protective Covenants by amendment, as described herein, shall be liable for payment of dues as specified in such amendment; but, in no event shall dues be payable later than the date of conveyance by Declarant of any lot within a given phase or section to a third party. The Declarant has the right to add additional properties to use the amenities package and common areas. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Every owner of a Lot which is subject to assessments and/or dues shall be a member of the Association. Membership shall be appurtenant to Lot ownership and may not be separated from ownership of any Lot which is subject to assessments and/or dues. Each Lot owner shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lots shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any single Lot, except for Lots owned by the Developer. ARTICLE V COVENANTS FOR ASSESSMENTS 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSEMENT: the Declarant, for each Lot owned within the Properties, hereby covenants, and each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in said deed, is deemed to covenant and agree to pay to the Association: Annual assessments or charges, with each Lot owner being responsible for his, her or their pro rata share of the operating expenses for the common areas and facilities, with the pro rata share based on the total number of Lots located in the subdivision at the time when each annual assessment becomes due; and b. Special assessments for capital improvements, such assessments to be estab- lished and collected as hereinafter provided. 5 The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person or persons who were the owner or owners of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall pass to the obligor's successors in title. 2. PURPOSE OF ASSESSMENTS: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in MONTEREY PLANTATION and for improvements and maintenance of the Common Area, the payment of any taxes due on the Common Area and the repair of all privacy fences installed by the Declarant, if any. 3. MONTHLY ASSESSMENT: T'he monthly assessment for maintaining the MONTEREY PLANTATION properties will be based on the actual cost of said maintenance plus five percent. From and after January the 1st of the year immediately following the conveyance of the first ten Lots to an Owner, the maximum annual assessment may be increased each year not more than ten percent above the maximum assessment for the previous year, without the approval of the owners of at least one-half of the Lots located in MONTEREY PLANTATION. 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS: In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent oftwo-thirds of the votes of the Lot owners who are voting in person or by proxy at a meeting duly called for the specific purpose of approving or disapproving special assessments. 5. INSURANCE: It shall be the duty of the Association to maintain in effect casualty and liability insurance upon the Common Area and facilities, including the private streets, as follows: a. Amount and Extent of Insurance: All insurance policies upon the Common Area and facilities shall be secured by the Board of Directors, or its designee on behalf of the Association with full authority to obtain such insurance as is determined to be appropriate to protect the best interests of the Developer, the Lot owners and MONTEREY PLANTATION. Insurance shall be obtained to insure against loss or damage by fire or other hazards normally insured against and such other risks as may exist, specifically including the risks that are ordinarily insured against by policies of public liability insurance. Insurance shall also be obtained in the amounts and types as from time to time shall or may be required by private or institutional mortgage investors for projects and properties similar in construction, location and use as the properties and 6 improvements thereon that are or will be located in MONTEREY PLANTATION -- all under such terms and conditions as the Board of Directors or its designee shall determine to be appropriate. In any event, however, such liability insurance coverage shall be for at least $1,000,000.00 for bodily injury, including death of persons, and property damage arising out of a single occurrence. Coverage under this policy shall include, without limitation, legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Common Area and legal liability arising out of lawsuits relating to employment contracts of the Association. b. Insurance Provisions: The Board of Directors shall make diligent efforts to ensure that said insurance policies provide for the following: 1. A waiver of subrogation by the insurer as to any claims against the Association, any officer, director, agent or employee of the Association or the Lot owners, and their respective employees, agents, tenants and invitees. 2. A waiver by the insurer of its right to repair and reconstruct instead of payment for losses in cash. 3. Coverage may not be canceled or substantially modified (including can- cellation for non-payment of premium) without at least thirty days prior written notice to the named insured and all mortgagees. 4. Coverage will not be prejudiced by any act or omission of the Lot owners when said act or omission is not within the control of the Association or by any failure of the Association to comply with any warranty or condition regarding any portion of the property over which the Association has no control. 5. The insurance coverage on the property cannot be canceled, invalidated or suspended on account of the conduct of any one or more individual Lot owners. 6. The insurance coverage on the property cannot be canceled, invalidated or suspended on account of the conduct of any officer or employee of the Association or of the Board of Directors without prior demand in writing that the Board of Directors cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured by the Association or by any Lot owner or by any mortgagee. c. PREMIUMS: All insurance policy premiums on the property for the benefit of the Association purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense and the Association shall levy against the Lot owners equally an additional annual assessment (herein called "Insurance Assessment") which shall be in addition to the amounts provided for under paragraph 3 hereinabove. Said common expense shall be an amount sufficient to pay the 7 annual cost of'said insurance premiums, if necessary, and, in addition, an amount necessary to pay for any deductibles sustained by the Association. d. PROCEEDS: All insurance policies purchased pursuant to these provisions shall provide that all proceeds thereof shall be payable to the Board of Directors as trustee or to such attorney at law or institution with trust powers as may be approved by the Board of Directors. e. POLICIES: All insurance policies purchased by the Board of Directors shall be with a company or companies permitted to conduct business in North Carolina and holding a rating of "A" or better by the current issue of Best's Insurance Report. All insurance policies shall be written for the benefit of the Association and Board of Directors, as their respective interests may appear, and shall provide that all proceeds thereof shall be payable to the Board of Directors as trustee for the real party or parties in interest. 6. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER PARAGRAPHS 3 AND 4 HEREINABOVE: Written notice of any meeting called for the purpose of taking any action authorized under Paragraphs 3 and 4 shall be sent to all members not less than thirty days nor more than sixty days in advance of said meeting. At any such meeting called, the presence of members or proxies entitled to cast fifty percent of all of the votes of each class of membership shall constitute a quorum. If the required quorum is not present at any such meeting, the members entitled to vote shall have the power to adjourn the meeting from time to time, without notice other than verbal announcement at said meeting, until a quorum as aforesaid shall be present or be represented by proxy. No such subsequent meeting shall be held more than sixty days following the preceding meeting. 7. UNIFORM RATE OF ASSESSMENT: Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. 8. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE DATES: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Lot by Declarant to a purchaser for value, except that annual assessments shall not commence for any Lot until a certificate of occupancy has been issued for such Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount to the annual assessment against each Lot at least thirty days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. 8 9. EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES OF THE ASSOCIATION: Any assessment not paid within thirty days after the due date shall bear interest from the due date at the rate of twelve percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the subject Lot or Lots. No owner may waive or otherwise escape liability of the assessments provided for herein by non-use of the common areas or abandonment of his, her or their Lot or Lots. 10. SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such assessment(s) as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 11. WORKING CAPITAL ASSESSMENT: At the time that title to a Lot is conveyed to any owner, each owner shall contribute to the Association as a working capital reserve an amount of three hundred dollars ($300.00). Such funds shall be used solely for initial operating and capital expenses of the Association, such as pre-paid insurance, supplies and the expenses incurred in connection with the operation and maintenance of the common areas, facilities, furnishings and equipment. Amounts paid into the working capital fund are not to be considered as advance payment of regular assessments. Any working capital funds remaining at the end of the first full operating year shall be transferred to and become part of the general funds of the Association, at the discretion of the Board of Directors. ARTICLE VI FIDELITY BONDS 1. GENERAL: The Association shall maintain blanket fidelity bonds for all officers, directors, employees and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all of the responsibility for the handling of its funds to a management agent or company, such fidelity bonds shall be maintained by such management agent or company for its officers, employees and agents handling or responsible for funds of or administered on behalf of the Association. 2. AMOUNT OF COVERAGE: The total amount of fidelity bond coverage required pursuant to this Article VI shall be based upon best business judgment and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the management agent or company, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three months aggregate assessments on all Lots plus reserve funds. 9 3. OTHER REQUIREMENTS: Fidelity bonds required by this Article VI must meet the following requirements: a. All fidelity bonds shall name the Association as an obligee. b. All fidelity bonds shall contain waivers by the issuers of said bonds of all defenses based upon the exclusion of persons serving without compensation from from the definitions of "employees" or from the definitions of similar terms or expressions. c. The premiums on all bonds required herein f'or the Association (except for fidelity bonds maintained by a management agent or company for its officers, employees and agents) shall be paid by the Association as a common expense. d. The bonds shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least a ten day prior written notice to the Association, to any insurance trustee and to each eligible mortgage holder. ARTICLE VII ARCHITECTURAL CONTROL 1. No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties located within MONTEREY PLAN I'ATION, nor shall any exterior addition to or change to or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, color, materials and location of the same shall have been submitted to and approved in writing by a majority of the Board of Directors of the Association or by an architectural committee composed of three or more representatives appointed by the Board of Directors. In the event that said Board of Directors or its designated committee fails to approve or disapprove of such building, fence, wall or other structure within thirty days after said plans and specifications have been submitted for consideration, approval will not be required and this Article will be deemed to have been fully complied with. The Board of Directors and its architectural committee are authorized to consider all relevant factors, particularly the harmony of external design and location in relation to surrounding structures and topography. 2. No house plans shall be approved unless the proposed house has a minimum of 1800 square feet of enclosed heated dwelling area if it is a one-story house -- or a minimum of 2200 square feet of enclosed heated dwelling area, with a minimum of 1400 square feet on the first floor, if it is a two-story house. The term "enclosed dwelling area" as used in these minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches and similar areas. It is further provided that covered porches, attached or non-attached, 10 are specifically excluded from the definition of the aforesaid term "enclosed dwelling area." 3. The building setbacks shall be as follows: No house shall be located nearer than 25 feet from the front property line, no house shall be located nearer than 5 feet from any side property line and no house shall be located nearer than 9 feet from any rear property line. However, in order to assure that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved by the Board of Directors or its duly designated architectural committee. 4. The exterior of all houses and other structures must be completed within twelve months after the construction of the same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder, due to strikes, fires, natural calamities, national emergency or other unforeseen events. During construction, each Lot must be cleared of all unnecessary debris at least once per week. 5. No structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any Lot other than a single family dwelling not to exceed thirty- five feet in height, provided that such dwelling and/or accessory building does not, in the opinion of the Board of Directors or the aforesaid architectural committee, overcrowd the subject Lot. No structure on any Lot may be used for any activity normally conducted as a business, except for offices and model homes maintained by the Developer or the Association. 6. Service utilities, fuel tanks, clothes lines, wood piles and trash and garbage accumulations are to be enclosed within the Lot in a manner that will preclude the same from being seen from any street or walkway located within the subdivision or from any other residence located within the subdivision. 7. Off street parking for not less than two passenger automobiles must be provided on each Lot prior to the occupancy of any residential dwelling constructed on said Lot, which parking areas and the driveways thereto shall be constructed of concrete, brick or asphalt. On-street parking shall be allowed only for guests. 8. If an existing residence is destroyed by fire or other means, it may be rebuilt to the exact same designs and specifications without the approval of the Board of Directors or any architectural committee. Any changes to the preexisting original designs and specifications must be approved by the Board of Directors or the architectural committee. 9. All duties and responsibilities conferred upon the Board of Directors or the architectural control committee by this Declaration of Protective Covenants or by the Bylaws of the Association shall be exercised and performed by the Declarant or its designee as long as the Declarant owns any Lot located within MONTEREY PLANTATION. The provisions of this Paragraph 9 shall apply to any additional parcels 11 of land annexed to MONTEREY PLANTATION by Supplemental Declaration or Amendment to this Declaration of Protective Covenants. 10. The impervious surface limitation coverage proposed on each Lot is consistent with the requirements of the Department of Environmental Management coastal storm water regulations. Each Lot shall contain impervious surfaces as defined by said regulations not in excess of the following: 4100 square feet. "This allotted amount includes any built-upon area constructed within the subdivision boundaries and that portion of the right of way located between the front Lot line(s) and the edge of the pavement. Built-upon area includes, but is not limited to, the following: structures, asphalt, concrete, gravel, brick, stone, slate, conquina and parking areas -- but does not include raised, open wood decking or the water surface of swimming pools. At no time shall the impervious surface on all Lots which have construction existing or approved thereon exceed the amount of impervious surfaces which is equal to 40.00 acres. 11. These covenants are intended to ensure the ongoing compliance of MONTEREY PLANTATION with State Storm Water Management Permit Number dated , as issued by the Division of Water Quality under NCAC 2H.1000. The state of North Carolina is made a beneficiary of these Covenants to the extent necessary to maintain compliance with the aforesaid Storm Water Management Permit. Alterantion of the drainage system as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 12. Lots within CAMA' Area of Environmental Concern may be subject to a reduction in their allowable built-upon area due to LAMA regulations. 13. All storm runoff on every Lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the Lot to drain towards the street or by grading perimeter swales and directing them into a pond or street. Owners of Lots that will naturally drain into the system are not required to provide these measures. 14. Built-upon area in excess of the permitted amount will require a permit modification. 15. It shall be the responsibility of the permitee to ensure that each Lot provides a permanent drainage and maintenance easement, that the easement remains clear of obstruction and structures, and that yearly routine maintenance is performed in accordance with NCDENR-DWQ guidelines. Each Lot must have apre-sized storm water management system. The catch basin and infiltration system must be installed to the specifications of, and certified by, a licensed Professional Engineer. The permttee is responsible for the installation of all infiltrations trench systems on each of the Lots. 16. All residences must have approved exterior finishes made of brick, stone, hardiplank, stucco or architectural vinyl. Hardiplank, stucco and architectural vinyl must 12 have, as a minimum, at least 150 square feet of brick or stone on the front elevation -- not including brick or stone used on the foundation for computing square footage requirements. All residences must have traditional crawl space foundations or raised slab construction foundations with brick or stone finish -- or other exterior finish that has been approved in accordance with the provisions of this Declaration of Protective Covenants. 17. All Lot owners are responsible for guaranteeing correct foundation design as is determined and dictated by soil conditions and all governmental construction code requirements that exist at the time that construction commences. Each Lot owner must comply with the requirements of this Paragraph 17 prior to the commencement of construction by either of two ways: First, by providing the Board of Directors with the written certification of a duly licensed Professional Engineer or, second, by providing the Board of Directors with a written agreement that the Association, the builder, the Developer and MONTEREY PLANTATION are release and forever discharged from liability for any damages or losses that maybe sustained by the Lot owner(s) and his, her or their successors and assigns as a result of any defect in the material or construction of any foundation, whether patent or latent. 18. All walkways and driveways must be made of concrete or brick. If concrete is used, the minimum concrete finish must be brushed concrete with four inch "picture frames" on all plain concrete -- this requirement also applies to sidewalks located next to streets. 19. All roofing materials must be approved by the Board of Directors or its duly designated architectural committee. The minimum allowable roofing material is architectural shingles. Paper and mailboxes are to be of standard type and must be selected or approved by the Board of Directors or the architectural committee. All sections or components of heating, ventilation and air conditioning systems that are located on the exterior of a residence must be screened with walls, fences or other barriers that are made of materials approved by the Board of Directors or the architectural committee. 20. At the time of construction and prior to completion of construction and/or occupancy, the front and both side portions of each lawn of each Lot must be sodded. In addition, a minimum of twenty shrubs and/or trees must be installed at the time of construction and prior to completion of construction and/or occupancy. The landscaping design and arrangement of the aforesaid shrubs and trees must be approved by the Board of Directors or its duly designated architectural committee. ARTICLE VIII USE RESTRICTIONS 1. LAND USE AND BUILDING TYPE: All Lots shall be used for single family residential purposes -- except that so long as the Declarant shall retain ownership of any 13 Lot or Lots, it may use any Lot or Lots for offices, models, sales, rental or other usages intended for the purpose of selling or renting Lots located within MONTEREY PLANTATION. The Declarant may assign this limited commercial usage right to any other persons or entities as it may choose; provided, however, that when all Lots have been sold, this right of commercial usage by the Declarant and its successors and assigns shall immediately cease. No building shall be erected, altered, placed or permitted to remain on any Lot other than one single family dwelling not to exceed thirty-five feet in height. Any building erected, altered, placed or permitted to remain on any Lot shall be subject to the provisions of Article VII of this Declaration of Protective Covenants relating to architectural control. 2. NUISANCES: No noxious or offensive activity shall be conducted or allowed to occur in or around any Lot; nor shall anything be done thereon which may be or may become an annoyance or nuisance to the surrounding residences. 3. VEHICLES: No inoperable vehicle and no vehicle without current registration and insurance will be permitted to remain on any Lot. The Association shall have the right to have all of such vehicles towed away and placed in storage at the offending Lot owner's expense. The cost incurred by the Association for said towing and storage expenses shall become a special assessment and lien against the Lot from which said vehicle was removed. 4. FOR SALE SIGNS: No signs, except for "for Sale" signs, shall be permitted on any Lot or in any common area and facility, unless said signs have been approved by the Architectural Committee. Said "for Sale" signs shall be restricted to signs of the ordinary size and shape in the community where MONTEREY PLANTATION is located -- typically being in the size range of 24-by-24 inches. However, this Paragraph 4 does not apply to the Declarant. The Declarant may display "for sale" signs on any Lot or Lots located within the MONTEREY PLANTATION that are owned by Declarant or other entities who obtain Declarant's permission to display said signs. 5. TEMPORARY STRUCTURES: No structure of a temporary character -- such as trailers, mobile homes, basements, tents, shacks, garages, barns, doghouses or other out- buildings -- shall be constructed or placed on any Lot or any Common Area at any time, either temporarily or permanently -- except during construction projects conducted by the Developer. 6. RECREATIONAL VEHICLES: No boat, motor boat, camper, trailer, motor home, mobile home or similar type vehicle shall be permitted to remain on any I,ot at any time -- unless by the consent of the Association and properly stored in a closed garage where it is not visible from outside of the residence located on the subject Lot. 7. ANIMALS: No animal, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling on any Lot -- except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained 14 for commercial purposes, and provided further that they are not allowed to run free and, instead, are at all times properly leashed and personally escorted. 8. ANTENNAS: No outside radio or television antennas shall be erected on any Lot or dwelling located within MONTEREY PLANTA'T'ION -- unless and until permission for the same has been granted in writing by the Board of Directors or its duly designated architectural committee. 9. EXTERIOR LIGHTS: All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white or non-frost lights or bulbs as approved by the MONTEREY PLANTATION Association. 10. MAIL AND PAPER BOXES: Each Lot shall have no more than one mail box and one paper box, the design and location of which shall be approved by the Board of Directors or its duly designated architectural committee. 11. YARD MAINTENANCE: Each Lot owner shall keep their front, rear and side yards in a neat and orderly manner. ARTICLE IX GENERAL PROVISIONS 1. WATER, SEWER AND OTHER UTILITIES: Brunswick County or a private utility company shall provide sewer service and water service for the development and no private well shall be permitted on any Lot except for irrigation purposes that have been approved by the Board of Directors. 2. ENFORCEMENT: The Association or any Lot owner shall have the legal and equitable right to enforce -- by any proceeding at law or in equity -- all restrictions, conditions, covenants, reservations, liens and charges now or hereinafter imposed or established by the provisions of this Declaration of Protective Covenants. Failure by the Association or by an owner to enforce any covenant or restriction contained herein shall in no event be deemed to be a waiver of the right to enforce any provision of this Declaration of Protective Covenants by the Association or any Lot owner at any time. The Association shall have the right to remedy any breach of this Declaration of Protective Covenants and assess costs against the offending Lot owner as a special assessment against the Lot or Lots owned by the offending person, persons or entity. 3. SEVERABILITY: Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4. LOTS SUBJECT TO DECLARATION: All present and future owners of all Lots located in MONTEREY PLANTATION, their tenants, guests, invitees and other 15 occupants of said Lots and the residences located thereon shall be subject to and shall comply with all of the provisions of this Declaration of Protective Covenants and any future amendments and supplements thereto. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of this Declaration of Protective Covenants are accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration of Protective Covenants shall inure to the benefit of and be enforceable by the Association, or by the owner of any Lot or by their respective legal representatives, heirs, successors andl or assigns. The covenants and restrictions of this Declaration of Protective Covenants shall run with and bind the land that is described in Exhibit A attached hereto, and shall also bind any person having at any time any interest or estate in any Lot or Lots located in MONTEREY PLANTATION, as though such provisions were made a part of each and every deed of conveyance or lease of every Lot located in MONTEREY PLANTATION. 5. STORM WATER PERMIT AND MAINTENANCE: When control of the Association passes from the Declarant to the Lot owners, the Storm Water Permit issued by the state of North Carolina, and its maintenance, shall be assumed as the legal obligation and duty of the Association. 6. AMENDMENT OF DECLARATION: The covenants and restrictions of this Declaration of Protective Covenants may be amended by an instrument duly recorded in the Brunswick County Registry. However, to become effective and binding on current and future Lot owners, said amendment must be signed by not less than sixty-seven percent of the Lot owners. It is further provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may this Declaration of Protective Covenants be amended so as to deprive the Declarant of any rights herein granted or reserved unto the Declarant, including the right of the Declarant to develop contiguous parcels of land and to extend the scheme of this Declaration of Protective Covenants as provided herein. Not withstanding the foregoing, the Declarant shall have the right to make amendments to this Declaration of Protective Covenants, without the consent of any of the other Lot owners, as long as the Declarant's ownership interest represents at least fifty percent of the votes of the Association. Provided, however, that the provisions of this Declaration of Protective Covenants pertaining to storm water may not be altered or rescinded without the express written consent of the North Carolina Division of Water Quality. 7. MORTGAGE OF COMMON AREAS: The common areas may not be mortgaged without the approval of sixty-seven percent of the Lot owners. 16 In witness whereof, Triton Professional Consultants, LLC and Curb Appeal Properties, LLC, the Declarant(s), have caused this instrument to be executed by their proper corporate officers this the 9th day of Aril , 2006. DECLARANT CURB APPEAL PROPERTIES, LLC By: (Seal) 17 Date: APRIL 4 , 2007 COMPLIANCE WITH WETLAND & BUFFER REGULATIONS In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded in the srunawick County Registry prior to the conveyance of lots. Said Deed Notification shah apply to name of subdivision, lot numbers in srunawick County, North Carolina as shown on plans titled F:onterrey Plantation (insert subdivision name) prepared by The EARTxwoRxs croon (insert name of designer) dated date: 3- 30 - O7 "A portion of this lot has been determined to meet the requirements for designation as a wetland, stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by the State of North Carolina in force at the time of the proposed alteration. The inten# of this provision is to prevent additional wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or draining would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is intended to ensure continued compliance with aN rules adopted by the State of North Carolina and therefore the State of North Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all persons claiming under them". Signature: Owner's name: Rick VanBlarcom - Triton, LLC Address: 2305 Dunn Road Clty, State, Zlp Cod®: Raleigh, NC 27619 Phone Number: 919.741 STATE OF North Carolina BRUNSWICK COUNTY Ct. ~,.~ I, S~ ~2(f 1 ~ ~ ~. Jc~ u~~,J , a Notary Public of the State of NorthrCarolina, ~oQ.~-., County, hereby certify that owner personally appeared before me this day and exec ted by above certification. ..1.6~. , Witness my hand and notorial seal, this _ ~ ~ day of 1 ~UC~ Notary Public My commission expires: _ ~ ~ a g i ~-L~l tr, b q bA a Q ~ U 8 U ~ a ~t~lf ~ m ~O a _ ~ ~N # ~ e~ ~ ,~ ~ :~j W ~ " ,, ~ , { ~~ ~ ~ q 4 h YYYYii 3 E ~`~R ~ `~ ~ i r Si/ ~l ~p} ~ ~~ , s : W f y k ~ ~ ~ ',~o ;`R ~ , ~~ °`" ' :.. z a o ~ ~ rvw ~ :°~.. - r~~ ( ~ ~ r' ~!~ ~, „~ ~ ~ ~~ir err vr:~ ; ~ - ~ ~ :~ [ 4 ~ a~ .,~ M . T Y4 /~~ ~ ~'~x ~ A' Sj f ~ ~ ~ PS pWNN_ x` ~ d9 ' ,~ ; F :~'""~ N1ltOWNOW ~q,~ Ly 9 o i ,. 0 ~~ ~ . ~,~ 4~ y.~ C \ ~ .~~ ~ ~ S i ~~ ~~~kt~~ri;>~MR R; k14 ~ ~ r ~ w ~~'~'"i0'~p ~. ~~ i~~ P ~ - .w ' ~ '~~~jyr{I ~ ` ~~~ j ~ ~ ~ ~~~ ~ ~f~ '~ ~ ^ ~ M1 m 'i r+ ~ ~ 9oK Pa•' W tatbn iPo\SiDF d 9p\90\SIJ9((0Yd\A )\G'. M1m vN nT ATarvm mswwoym r . 'a um mvV mP P m qnm .vwr4Pw wvio A^ v4 ~w .y ~vs09mmNm'vomeq.p.vmPdo'~mw.m.VV Yd( uvdS PmLmAe~nPm Wm~s.N1PA9mV N~wo9rWdmd mMnlbmaf~ w~q PWd lu~Pm e] ~mm .M..rome mml PP >v~tl9 l~w.vw mWn..u1 >N moVP Pda 9Wrm Pdm Wavbw wP.~lL al ®91olm.um M p 41^'vmo^i°.ap lm vAn moA+o >al al~w s•~oaaelu (V Vpu uTSR{ q~waw )VA Pm.+% qW • 1wP~p Y.oo 4PyA's9vmN(v vnpppl.uW~aW m1POV P'^ w emIdY PF~voad ryr~n wllNaW a.mA s.p S ~9S.is@mVw am[inl4iem~oaP wV )o rauwmisq Wn.Wm.va maJ Fa11® ~N G19n~. n><..a wa s.n ImmmMV.TN k • m9w'a~od aO VO mVO ebtl a odxd 99 L~vrlwyV yaw ~Ff~irt.11ZYVfa ~n~.pq o7•o~is ~ _f `' 1~ \ ~ ~ i . ``~. ~ ., .,. , m ~ _~ ~ ~ \ " . ~. ~IZ:r = V~GN ./a i . l~ ~ `~~. ~~, o ~ j'~~' ;'; ~ r ± ~ ` GK ~~~ J \~~ - ~1 ~ r -~ . %,~ ` ; . ~ a ~ = r~:. ~ _- ` ~ ~ ~ ~~\ -,. J r ~ N~O $ 6 h~,'a ~r~ op _ O ~`o RUSS1 _ __ ~ l ~ ~ j f N v v ~ M -r -t .~ >e-o CV r .. O~ N O ~--~ r V -~ 7 d r 0 O M N M 7 M tV 0 N ~ c .-i --i N O --~ ~ vi O V --~ r O ~ '~ ~ ~ ~ ~~i . . . . • `'" \ ~ / / J) \ ~ 0 7 0 ~ 0 ~ 0 ~ 0 ~ 0 ~eNt U ~ L v 0 7 U ~ ~ U ;n L u U vl `" ~ U v~ L ~ o 7 U v~ L u U vl L u ~~ ~ ~ ' i+ 3 ~ ea ~ a ' ~ ~j ~~~ / t- ~ ~ 00 0o U ao U 0o U ao w ~ pp ~ ~ ~ q 0. oo 0. 1 ~ ~ ~ ~ ~ ~/ U Z z, z z U z U z ~ U z W ~ > ~ h 1 ~ U z 1 ~ Q ~' ~ fi ~. _ ~ C.' d d d d d ~ cn ~ v~ ~ :n cn ln ~' cn v, j , ~ ~ ~ f ~ a ~ x a ~ ~~ ~ #~ `~, i _ -1 c a c a v -Bo v a v 3 x x5 x ~ x55' v x5 ~ ~ _ ° a o b .a Q 2~ a0 ~ o 00 o o o N .~ M ~ M o 00 c M v°, N o 00 ~ ° ~ ~ 00 ~ W °.: a0 ~ c M a0 ~ / I ~ J ~ O ~ ~ -.\ ~ , ~` $ ~, ~ • _ 1 -~9 W o C7 yf f5 ~ \ ~ ~f ~ .I~ I ~ ~ ., ~ ~ µ i. .~...~ a` , E ~ _, a >~ ~ ~ j > ~ ~ -`•-- - r~1- ' .~ ( ~ IV ~ / ~~ %~ a I l` , ~ f / > - y I Cd _ l -I U 1 _____.~_ ~ ~. , ~ ~~ y U U 1 / ~yrl ati IEAGH .,, ~'T b U ~-+ ~ ~ ~y REpVES , .~f~~ aA ~ , ~~> !l I ~ i l l G >,»an>v mov!~wam maw.m w!ao~ t.o, w,o> mmaloiw>.mw,w.=.>a>v,^rv~,m~w.vw:.>, c.. moaro,a mam Aao>vvtwy>w•wawytw aa4n a,nDCKwm cn,sJ>~> :w..n,avwv~S.Q>e4mam•.t.m.vt. m° w =mma aw vw iin wn~a,w,e wmv>v a.wA. n,n'~,vwa=m m v=>~>k,»mrow nvl~»d,noawvw=~mna,.•.n6.ts•amn>=,=m ma a.a~,wm, a»...o, <.A •,~ rnw~> v,~mNa>I9v>P ~~roryabafa>3aN V'vnvoo>bal,oa,odmd (n ~v.a,e.~oa..~maoov,~a>w ei,...»,~n ~:p ~mma+> ~witv+5,~a~a sxaomx,tava •u, = v x 0 7 1 6 J~ ~ ~ Eo o~ q~1 JaF F ml ~~ I `~E _~.'~' o~ ~ o~ ~'` t t -~ ~ ~~'~ yytt E nyy ° j ~r, E ~ E E ~ - ~ s _ ~ - ~ ~ \ ' i '~ ~.. .. ~ ~d u ~ ~ E I ~ .i y - } m ~ ; E ^ ~! ~ i E SCif~A~Q ~ ' 4 ~ _ ~ E ~ g S `~ m , 5 ' a z' B m ~ S"~~ ai ` T~~ c ~' \ a t Y ~ ,` f f A~ e f ~ ~ READ ~'' E'a ~`a c ~ ~ E a LL ~ €'~ M1~-~, 1~~g` ~ ' * E JEN s a \ ~`•~ B '~ t ^~~ mpy I E ~ ~„ ~ 21..--^ i ' ! ~-... 4 _ ~ ~ L-~-' ~.: r V) a ~~~ ~ ~ '. "E 1i ~y am -JJa i ~ ~ $. E ,' X {I g ~m ~~y~ J~a~ -, -t~ .J __~ ~~ (\/1 m~ ~~ ~ _ o _ . o ~ ~ E m N + p ~. ~ a .. ~ ~• _ , -P a ~p - ~~ _ .~ IE~ ~ ~ ~ m ~ j a~ ~ j B ~~ R m ; ~, I J f 3.~,. ~ E r`x c g r ~ m - ~` i ,~ ~ ~, E m~ ~ a E -~- ~ E ~ ~ m ._~a ~ GpUSE ~ $ or E ^i 1 E ~ ~ • m ~ ,TC r"` onm evan8nawmwmaoemaa avr aamvauv na0am~man ao vomamar aovoam vmmsemnv aac aanva m~vm~ow w~yv. esmda>ysneW!myvdm n>lopmm ry~do >a wa6m mangmyy gmale amaam mums quad aq>>roW'mvmmmcp aYly mNa dm mmnao~gm8m n eaaam6m 6q apvm a]mp[v mo 8mam mmpy3o auw Dav vsd.~a par,gvamv8gpnpv Yaw>o49!aq'a•ampem me oq ma Nep Pm mpmm IA9 mm damn mpyaP mvn$nvp'mcgmpq ogma myvnmo>vNm 6p mmmop ngdo>anaawnBvpPamwmmon moy bsdm v8m~nwa'aq m3lvvnT amry pa>esmm oa$a.~a ma>IDyvgado pal•na>p:~~pgmbafwd>qi mm n@oaabad aoavodsd dm ay yad ma~o9m q~mm~ro~op vpp avemloea nv~Pap qm8 umoA6vnPS~dmap SXYOmHSaVa>4S n 07•o7~s ,*. ~. 8W ,~ a~ o vmm.vmma~amem ma .nma aay amp rvmaaoawrvm•m>mamaa.vmvam•amma.:,vam;,a„aa'bms moaasw~mwa vv. romnaau,to mamarnmwam mnaam maa mn a.m>m vvmmvm ~a~m m.am:pen.a>am•wa.mna.ov.~vov.®mm aw.,a>mo.,voo.~.m~>u wramm maa.,o a,n.Ra a°oam®epaaaz .vaa~@m amw m am> wa&m® N1 <t maJO. >f.>d :mm~o a ~u>c m~,o >m ma NN >~o[a k> am tv >ay~a .w-PIDU m m {{,, w n.v ;AMeab 4 '>R c[ m~R~Imnc->q~mao wog'. ~ma ~a Rm N16a mm.®damamw @m aAn.p aon@p e~>mma v@n@oavo6m dam w>a@3 m>wmBvp Wmo4Dmvn mog6ndmm8ml mm3 enea ~~ ooaO>n.~, wamy~ryapaalq~ua@awi mRo Yafu3aq.v@n@om bd oa.odmd dm v~'an3wa~o9 a'~m 0> ~[Ip qy ~I mB vmom~AgnVai dnor,5]YOmFiSavB ap,y n "4