20070059 Ver 1_More Info Received_20070503

DIAL CORDY
AND ASSOCIATES INC
Er~uirr~nrnc°r~tUl Consultunts
30 April 2007 0`'~ ~ ~ 1 - 0 ~ ~
Mrs. Noelle Lutheran
Environmental Specialist III
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405
Re: Hawkeswater at the River Subdivision -Nationwide 14 Permit Application
Action ID 2007125-010
Dear Mrs. Lutheran:
In your letter dated 8 March 2007 regarding our Pre-Construction Notification for
the proposed construction of the Hawkeswater at the River Subdivision, you
requested a copy of the proposed preservation language which would be
included in the restrictive covenants to protect wetlands on the site. In my
response letter to you dated 27 March 2007, I indicated that the preservation
language was being drafted and would be provided to you. The proposed
preservation language has been drafted according to the Wilmington District
Process for Preservation of Mitigation Property and a copy is included with this
correspondence.
Having provided you with all of the information you requested, this letter and the
enclosed attachment should complete the application. Please proceed with the
processing of the application. Should you have any questions, please give me a
call at the office [phone], or on my cell phone [phone]. Thank you
for your time and attention to this matter.
Sincerely,
ff ey T. Coward
Natural Resource Specialist
cc: John Lancaster
Cindy Karoly, NCDWQ
J06-0961
Enclosures
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FIFLCI UNION Bt;ILL)ING, SUITE 60l • 201 NORTH FRONT $l'RL'ET • WIL.MING"CON, NORTH GROLINA 28401
910-251-9790 • FAX 910-2~1-9409 • E-trwL infoC~dialmidycom
OFI.ICES )Al:IiSONViI.I.E, FLORIDA • ATLANTA, GEORGIA • CHARI"ES7iDN, SOUTH GROLINA

Proposed Preservation Language
1. With respect to the restrictions contained within the Declaration, the following
language will be inserted for the conservation azeas.
The areas shown on the plat titled ,dated and
recorded on in Map Book ,Page of the
Brunswick County Registry as conservation azeas shall be maintained in
perpetuity in their natural or mitigated condition. No person or entity shall
perform any of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities;
b. cut, mow, burn, remove, or harm any vegetation;
c. construct or place any roads, trails, walkways, buildings, mobile
homes, signs, utility poles or towers, or any other permanent or temporary
structures;
d. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area;
e. dump or store soil, trash, or other waste; or
f. graze or water animals, or use for any agricultural or horticultural
purpose.
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID
and therefore may be enforced by the United States of America. This covenant is
to run with the land, and shall be binding on the Owner, and all parties claiming
under it.
2. With respect to the language contained within the Declaration relating to
amendment of the Declaration, the following language will be inserted with respect to
amendments related to the conservation areas.
However, Paragraph cannot be amended without the express written consent
of the U. S. Army Corps of Engineers, Wilmington District.