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HomeMy WebLinkAbout20070924 Ver 1_401 Application_20070507 S~G~ Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 910.452.2711 (office) • 910.452.2899 (fax) Date: May 23, 2007 oz•o9za Transmittal Letter To: Mr. Ian McMillan Of: 401 Oversight/Express Review Permitting Unit Attached you will find:* SEGi Project #; 04-261:01 Client Name: Cypress Grove IiC USACOE Action Tb# 2005-695-065 r ~Y~~~E~~ RFC{`IVED -~ ~ -~ .~ ~ I~ ~° , z ~ `~~ ~~ _ 9 ~ ~ ~ ~ d d s !~ ~6 r~~/`,Y w i, ~ Ul1l 7~t:lu 4v ^ Proposal ^ Sketch(es) ^ Permit ^ Signed Wetland Map ^ Photo(s) ^ JD Package ^ Report(s) ^ Plans ^ Information Request ®Other Copies Dated Description 1 05/22/2007 NWP 29 application for proposed Tarin Woods subdivision 1 05/22/2007 $200 filing fee *If noted items are NOT attached, please contact our office. These are being delivered: © For your Review/Comment ^ For your Records ^ Returned for Correction(s) ^ Corrected and Returned ^ For your Signature ^ As Requested ^ Other: By: ©Hand Delivery ^ Fed-Ex ^ UPS ^ Regular Mail ^ Other Notes: Ian: Please review the attached permit application for the proposed Tarin Woods subdivision, off LT Congleton Road in New Hanover County. Should you need any further documentation in order to process the application, please contact me at 452.2711. Thanks! Signature and (Typed) Name: _ ~~~~ ti1~~G~-- Date: 05/23/2007 t' gout errs ~'~v~ronmenta~ ~rou , ~nc. 53 1 5 cjouth College Road, `juite ~ ~/ilmington, North Carolina 2841 2 910.452.271 I ~ax: 910.452.2899 o{-~ice@segi.us www.segi.us May 22, 2007 Hand Delivery Ms. Jennifer Frye Wilmington Regulatory Field Office US Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 f ~~~ .w. ~.;~. p , ;YIF'1' `ilAs3LY t~„t~U ~ 's_,; i+~F4~?AtleGti RF~,~I~IED jSEGi'Project #04=261.01 ] Re: Proposed Tarin Woods Subdivision 1200 LT Congleton Road Masonboro Township, New Hanover County AID #: 200500695 Dear Ms. Frye: Southern Environmental Group, Inc. (SEGi) has been retained by Cypress Grove, LLC, to pursue approval to impact 0.033 acre of jurisdictional Waters of the United States (Waters of the US) and 148 LF of warm water stream. The fill will be necessary to construct access roads within the proposed Tarin Woods Subdivision. The project is located at 1200 LT Congleton Road, off Myrtle Grove Road in Wilmington, Masonboro Township, New Hanover County, North Carolina. The site does not contain any 404 jurisdictional wetlands, though it does contain approximately 33,703 square feet of Waters of the US and 6571inear feet of stream. Four (4) culverts exist on- site, and are to be removed prior to the completion of the project. The proposed impacts include 0.033 acre to Waters of the US, associated with road crossings and utility lines, and 1481inear feet of warm water, perennial stream. The proposed subdivision has been designed to accommodate 1301ots and no impacts to jurisdictional features are associated with lot fill. Table 1, below, details the Waters of the US impact areas requested within this permit application, while Table 2, found below Table 1, outlines the proposed warm water stream impacts: ,~ SEGO Table 1: Proposed Waters of the US Impacts Tmpact Number Type Type of Feature Area (ac.) Waters 1 Culvert & Rip-rap ~ Waters of the US 0.007 Waters 2 Waters 3 ~ Culvert, Rip-rap & Interference Structure Culvert, Rip-rap & Interference Structure Waters of the US Waters of the US 0.003 0.003 Waters 4 Culvert & Rip-rap Waters of the US 0.006 Waters 5 Culvert & Rip-rap Waters of the US 0.007 Waters 6 Culvert & Rip-rap Waters of the US 0.007 Temp Util 1 Temporary - - Waters of the US ---- 0.0006 Total -- - ------- 0.033 Table 2: Proposed Stream Impacts Impact Number Stream Name Type Perennial or Intermittent? Avg Width Before Impact Impact Length (LF) Area (ac.)_ Stream 1 UT to Everett's Creek Culvert Perennial 15.1" 74 0.002 Stream 2 UT to Everett's Creek Culvert Perennial 15.1" 74 0.002 Temp Uti12 UT to Everett's Creek Temporary Perennial 15.1" 125 SF 0.003 Total - - --- -- -- - 0.004 A combination of mitigation mechanisms will be utilized to satisfy the Corps' mitigation requirements: • Avoidance and minimization of impacts to jurisdictional features has been incorporated into the design plan. The project has been through a series of revisions in order to reduce impacts to the greatest extent practicable. Former site plans called for 1791inear feet of stream impact and 0.38 acre (1,662 square feet) of Waters of the US impact. A significant amount of rip-rap has been removed from the site plan, and the engineers have relocated stormwater flumes, such that the proposed rip-rap now coincides with the rip- rap found at stormwater outfalls. Current proposed impacts now total 148 LF of stream f* SEGO and 0.033 acre (1,425 square feet) of Waters of the US. • Another practice of avoidance and minimization was the applicant's decision to utilize an existing dirt road as a main artery for the subdivision. The access road is an unimproved 60' easement, which the applicant is planning to construct in conformity with minimum DOT standards. • In an attempt to satisfy the Corps' "no net loss policy," the Applicant is proposing to place all remaining on-site jurisdictional features into preservation, and is offering to make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) at a 1:1 ratio (for stream impacts). Below is a synopsis of the proposed activities and mitigation mechanisms: Existing wetlands on-site: 0.00 acre Proposed permanent wetland impacts: 0.00 acre Existing open water on-site: 0.774 acre Proposed open water impacts: 0.033 acre Existing stream linear footage on-site: 657 LF Proposed stream impacts: 148 LF Proposed Waters of the US preservation: 0.74 acre Proposed stream preservation: 509 LF Proposed stream mitigation: Payment to NC EEP for 148 LF of stream miti ation $34 336 While there are Waters of the US which infiltrate the southern property boundary, these have not been placed into preservation, as the entire feature is not totally confined to the applicant's property. The applicant cannot control what the adjacent property owner does with the portions of the feature which fall on his property, and therefore does not want to be responsible for actions which maybe attributable to the adjacent property owner. •~ SEGO For clarification and verification of the statements made above, please refer to the following documentation attached to this correspondence: Attachment 1. Attachment 2. Attachment 3. Attachment 4. Attachment 5. Attachment 6. Attachment 7. Attachment 8. Attachment 9. Attachment 10. Attachment 11. Attachment 12. Attachment 13. Attachment 14. Pre-Construction Notification Overall Impact Map Cross-Sections & Zoom Shots of Impact Areas Exhibit Map Draft Copy of Restrictions NC EEP Acceptance Letter NHC Subdivision Ordinance Article IV Section 41-1 (7 e & f) Page 1 of Stormwater Permit Page 1 of Sedimentation & Erosion Control Permit Tear Sheet and Signed Wetland Boundary Map Vicinity Maps (2 scales) Aerial Photograph Property Owner Tax Information Letter of Agency Please review the attached permit application and documentation for a NWP 29 authorization. Should you have any questions, concerns or comments, feel free to contact me at 910.452.2711. Thank you in advance for your assistance with this project. Sincerely, ~,~,~ ~ ~ Amanda L. Kolb Environmental Consultant cc: Ms. Joanne Steenhuis (DWQ) Mr. Ian McMillan (401 Oversight /Express Review Permitting Unit) Cypress Grove, LLC (Client) Enclosures: (14) .A-~aGh~t 1 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. _ (If any particular item is not applicable to this project,. please enter "Not Applicable" or "N/A".) I. Processing II. 1. Check all of the approval(s) requested for this project: R~' ~-~ t/ ® 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: 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) 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 here: ^ Applicant Information 1. Owner/Applicant Information ,.,.,, ~....., ~ -, , ~~ r-- ~~~ Name: Cypress Grove Land. LLC ~ ~~ .._ ° ~` .~ +u ~_ ~-~ ~ ~ ~ d 3~; Mailing Address: 7741 Market Street - Suite H _~ ~ "°~`~ Wilmington, NC 28411 ~~/`'`~ ~ `` ~~~~/ Telephone Number: 910.686.4194 Fax Number: N/A Fr~;~;,, ^~~~r r~~=,pa~c~ E-mail Address: N/A 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: Ms. Amanda Kolb Company Affiliation: Southern Environmental Group, Inc. Mailing Address: 5315 College Road, Suite E Wilmington, North Carolina 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: amanda ane,segi.us Updated 11/1/2005 Page 1 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 USGS 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 USAGE 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: Tarin Woods 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): R07900-003-055-000 4. Location County: New Hanover Nearest Town: Wilmington Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): The tract is located off LT Congleton Road. off Myrtle Grove Road south of the Sentry Oaks subdivision 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): 34.119000°N 77.890900°W 6. Property size (acres): 52.08 acres (2.268,604.8 square feet 7. Name of nearest receiving body of water: UT to Everett's Creek 8. River Basin: Cape Fear (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: At the present time, the developer is approximately 90% finished with the clearing and stumping of the land. As no jurisdictional wetlands exist on-site, the developer had no upaac~a ~ vvzoos Page 2 of 12 404 issues associated with clearing on-site high-ground portions of the property Though jurisdictional features do exist on-site, such as Waters of the US and a blue line stream, the developer has taken necessaryprecautions to avoid any unauthorized impacts. In an effort allow the heavy machinery to cross the jurisdictional features without impacts. the developer purchased and utilized metal bridging as a method of temporary construction access to the property. Prior to being sold to the developer, the site was mostly forested. Small portions of the site were cleared. The site was undeveloped except for dirt roads and historic ditches. A~ortion of the property has been used to store vegetative debris and waste that has been collected after large storm events. The remainder of the site has previously been used for silviculture or left undeveloped. An access road exists from the northeast to the northwest portion of the property. There are two separate features on-site which have been classified as Waters of the United States. The first Waters feature is found running north to south, essentially bisecting the property. The second Waters feature is found along the southern property boundary, where portions of it infiltrate the subject property. The last on-site feature which runs east to west. is an unnamed tributary to Everett's Creek and is therefore classified a stream. There are no structures or 404 jurisdictional wetlands found on-site. Three types of land uses exist in the vicinity of the subject parcel• Sentry Oaks residential subdivision exists to the northeast; undeveloped land exists to the north and east; and property found to the south and west are in the process of being developed as residential subdivisions. l0. Describe the overall project in detail, including the type of equipment to be used: The applicant is proposing to create a 130-lot residential subdivision to be located off LT Con~leton Road in New Hanover County The proposed development plans would conform to low density residential zoning designation for the subject parcel and will be consistent with the New Hanover County Performance Residential Subdivision Ordinance. Utility corridors, sewer areas fire hydrants, sidewalks and roadways will be put into service to meet the needs of future residents Heav~quipment will be used in this project. such as back hoes and bulldozers The machinery will be used to clear the land, stabilize the soil and establish grade. Overall ten (10) impacts are proposed for this project, eight (8) of which are permanent and two (2) which are temporark There are a total of six (6 areas of proposed Waters of the United States impacts and two ~2) areas of stream impact located throughout the proposed subdivision Four (4) of the proposed Waters impacts, as well as the two (2Zproposed stream impacts are associated with the completion of roadways, which would grant future homeowners access to lots The remaining two (2) Waters impacts are for the inclusion of interference structures which function as follows• the storm-drain ape will be a solid pipe which will Carr Updated 11/1/2005 Page 3 of 12 stormwater to the storage basin• the two,_pipes going through the channel will be cut off at the entrance of the interference structure Water will be conveyed through the interference structure, and will exit out the other side. through two culverts All of the requested impacts are for the pur ou se of preserving the integrity and flow of the Waters features and unnamed tributary, and are necessary for the completion of the project Two (2 temporary impacts are also proposed. and are solely for the installation of a 12" sanitary sewer line. One temporary impact will be to the Waters of the US feature while the other will be to the stream feature. These areas will be returned to their original grades after installation has been completed, and are therefore considered temporary 11. Explain the purpose of the proposed work: The purpose of the proposed work is to create a low density, 130-lot subdivision off LT Congleton Road in Masonboro Township. The proposed subdivision will provide a much needed connector between Myrtle Grove Road and Carolina Beach Road and provide an exit to Carolina Beach Road from Sentry Oaks--providing interconnectivity between adiacent subdivisions and connectivity between Myrtle Grove Road and Carolina Beach Road. both requested by New Hanover County The extension of LT Congleton Road, connecting Myrtle Grove Road and Carolina Beach Road. will allow travelers to use the main artery of the proposed Tarin Woods subdivision for their connectivity to Carolina Beach Road rather than traveling through the middle of a residential subdivision to reduce traffic within the proposed subdivision and reduce potential hazards to future residents (bv not having a copious amount of traffic going through the entire subdivision). IV. Prior Project History 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. There are AID #: SAW-2005-695-065 (Jurisdictional Tear Sheet issued 03/22/2007] Stormwater Permit #: SW8-061005 (issued 02/06/2007] Sediment & Erosion Control Permit #: 91-06 (issued 02/23/2007) V. 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. Updated 11/1/2005 Page 4 of 12 The applicants do not have any future project Mans for this site Project is being submitted as "single and complete." VI. 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 rip- rap 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: Not applicable, as no wetlands exist on-site 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 impacts due to both structure and flooding. Wetland Im act P Site Number (indicate on map) Type of Impact T ype 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) N/A Total Wetland Impact (acres) N/A Updated 11/1/2005 Page 5 of l2 3. List the total acreage (estimated) of all existing wetlands on the property: No wetlands exist on-site, therefore no wetland impacts are„_proUOSed for project 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. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Average Impact Area of Number Stream Name Type of Impact Perennial or Stream Width Length Impact indicate on ma Intermittent? Before Im act linear feet acres 1 UT to Everett's Culvert Perennial 15.1" 74 0 002 Creek . 2 UT to Everett's Culvert Perennial 15.1" 74 0 002 Creek . Temp Uti12 UT to Everette's Temporary Perennial 15.1" 125 SF 0 003 Creek . Total Stream Impact (by length and acreage) 148 0.004 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, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma ocean etc. acres 1 Waters of the U.S. Culvert & Rip-Rap Waters of the U.S. / .007 Jurisdictional Ditch Culvert, Rip-Rap & 2 Waters of the U.S. Interference Waters of the U.S. / .003 Structure Jurisdictional Ditch Culvert, Rip-Rap & 3 Waters of the U.S. Interference Waters of the U.S. / .003 Structure Jurisdictional Ditch 4 Waters of the U.S. Culvert & Rip-Rap Waters of the U.S. / ,006 Jurisdictional Ditch 5 Waters of the U.S. Culvert & Rip-Rap Waters of the U.S. / .007 Jurisdictional Ditch u~tea > vli2oos Page 6 of 12 6 Waters of the U.S. Culvert & Rip-Rap Waters of the U.S. / 007 Jurisdictional Ditch Temp Util 1 Waters of the U.S. Temporary Waters of the U.S. / 0.0006 Jurisdictional Ditch Total Open Water Impact (acres) .033 6. List the cumulative im act to all Waters of the U.S. resulti~from the project: Stream Im act acres : 0.004 Wetland Im act acres : N/A O en Water Im act acres : 0.033 Total Im act to Waters of the U.S. acres 0.033 Total Stream Im act 'near feet : 148 7. Isolated Waters Do any isolated waters exist on the property? ^ 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 USACE. Not applicable. 8. 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): ^D 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 requirements (infiltration and storage) Current land use in the vicinity of the pond: Undeveloped. Size of watershed draining to pond: _ Infiltration Basin 1: 198,207 sf (4.55 acres): Infiltration Basin 2: 366 803 sf (8 40 acres); Infiltration Basin 3• 500 519 sf (1149 acres ;Infiltration Basin 4: 588 192 sf (13 50 acres) Expected pond surface area: Infiltration Basin 1: 14,625 sf (0.34 acre); Infiltration Basin 2: 27,776 sf (0.64 acre); Infiltration Basin 3. 38 016 sf (0 87 acre); Infiltration Basin 4: 21,697 sf (0.50 acre) /Storage Basin 1. 9 753 sf (0 22 acre); Storage Basin 2• 14,106 sf (0.32 acre); Storage Basin 3. 29 427 sf (0 68 acre); Storage Basin 4. 23 897 sf (0.55 acre). 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 Updated 11/1/2005 Page 7 of 12 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The site plan for the proposed Tarin Woods subdivision has gone through a series of revisions. Previous versions of the site plan called for 179 linear feet of warm-water stream impact, and 1,662 square feet (0.038 acre) of impact to jurisdictional Waters of the United States. Since the revisions took place, impacts to the unnamed tributary to Everett's Creek have been reduced to 1481inear feet. Impacts to jurisdictional Waters of the United States have been reduced to 1,425 square feet (0.033 ac). The reduction in impacts is attributed to the removal of all rip-rap on the inlet side of the proposed culverts within the stream body, and the removal of most of the rip-rap on the inlet side of culverts within the Waters feature Also, stormwater flumes have been relocated from previous versions such that the rip-rap proposed coincides with the rip-rap found at out-falls In addition two temporary impacts are proposed, and are associated with the installation of a sanitary sewer line Temporary Utility Impact 1 (Waters of the US temporary impact) totals 0 0006 acre Temporary Utility Impact 2 (UT to Everett's Creek tem orary impact) totals 0 003 acre I_n areas where interference structures are proposed (Waters Impacts 2 & 3). the engineer has stated that the wipes crossing the ditch must be above the bottom elevation of the basins for positive drainage, therefore the only way to accomplish that is to have the pipes in an interference structure. SEGi is aware that some of the storage basins will be below the bottom elevation of the unnamed tributary SEGi approached the engineer to request justification for this. and was informed that the State was requiring the engineer line the storage basins with a liner that has a conductivity of less than 1x10 cm/sec The applicant is proposing to utilize the existing sixty-foot access easement as his main thoroughfare for the subdivision. At the present time, the easement exists as a dirt road It is the applicant's intent to construct the road to meet minimum DOT standards and to extend the existing LT Congleton Road to the existing Battle Park subdivision Article IV Sec 41-1 (7)(e) of the New Hanover County Subdivision Ordinances requires that "the arrangement of streets in proposed subdivisions shall make provisions for the continuation of existing streets in adjoining areas or their proper projection where adjoining land is not subdivided and where they may be deemed necessarypublic requirements For large subdivisions adjacent to large tracts of unsubdivided property. street projections shall be required into the adjacent unsubdivided tracts at a maximum distance of every 1000 feet " Stub-outs have been incorporated into the site plan, as they are required by New Hanover County. Article IV Sec 41-1 (7)(fl of the New Hanover County Subdivision Ordinances states "the City of Wilmington and New Hanover County hereby determine and recognize that an interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles and enhance non- vehicular travel such as pedestrians and bicycles and to provide continuous and comprehensible traffic routes." Updated I 1 / 1 /2005 Page 8 of 12 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. USACE - 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 USACE 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. 1. 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. Mitigation for this project is offered through a combination of preservation and payment to the North Carolina Ecosystem Enhancement Program (NC EEPI Payment to the NC EEP would ensure that the funds provided by the applicant will go to the restoration of a waterbody that is in need and would adequately off-set the proposed stream impacts. Preservation of the remaining on-site features will assist in compensating for loses accrued during construction and completion of the project Preservation of the remaining on-site features is as follows• 0 74 acre (32,278 square feet) of Waters of the US; and 509 linear feet (0 23 acre / 9,984 square feet) of stream As the applicant is pro osing to im acp t only 0 33 acre (1,425 square feet) of Waters and 0.004 acre (148 linear feet) of stream, the present offer of preservation significantly Updated l l/1/2005 Page 9 of 12 supersedes the 10:1 mitigation ratio provided by the Corps In addition the 1.1 EEP offer will assist in off-setting the 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 1~:1/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): 148 LF Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A I. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 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 ^ IX. 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. Updated 11/1/2005 Page 10 of 12 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 ^D 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. * Zone Impact s uare feet Multiplier Required Miti anon 1 3 (2 for Catawba) 2 1.5 Total - cone i extenas out ~~ reef perpenatcular 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. X. 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 demonstrating total proposed impervious level. Stormwater will be treated using vegetative swales. storage basins and infiltration basins At no point will any of the Storm Basins overflow the emer_gency s illway. with the exception of Basin 4. Basin 4 breaches the emer~enc~pillway 12 8 hours after a 50-year storm event and 12.6 hours after a 100-year storm event On-site stormwater management will meet the New Hanover County Pre-/Post- Development requirements for the 2=, rte. 10 _yr and 25-yr storms. XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. New Hanover County Public Sewer will be utilized by this subdivision Updated 11/1/2005 Page 11 of 12 II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XII. 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 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 website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is an independent development that is not associated with any other development plans. The completion of the subdivision would not result in development outside of the pro op sed project area and would have minimal impact on downstream water quality. XIII. 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) u~tea i vv2oos Page 12 of 12 IOCATIO~N AIAP Attach ~, Z `~ "°' r° SCALE IMPACT MAP for TAf~V N~Ca01D~4 N01ES 9yF'~p,T,~ 66 WATERS IMPACT 6 ~ O WE~LAtY AND TOPOGRAPHIC SURVEY PERFORMED BY GEOINNOVATI t , ~ lqy~ 65 /~ ~ - . AVERAGE BOTTOM WIDTH = 3 Fl DS EXIST ON SI1E LENGTH OF PIPE AND RIP RAP = 98 LF 3 PRELIMINARY -NOT FOR CONVEYANCE, RECORDATION, OR SALES. 67 ~~ i ~ AREA OF CULVERT CROSSING = 194 SF (0.001 AC) 4• THIS PLAN DOES NOT PURPORT TO SHOW ANY DESIGN INFORMATION t \ / / ` 64 l 51 i 50 ~ , ~ (SEE SHEET 7) 49 EXISTING CULVERT \ / 63 ~ / 52 \ 1 INFIL BASIN 3 `` ` O / ~ ( 69 ~ 62 ~ ~~ O ~ ~ ~ ~~~` 0\/ \20 FT 53 O 47 ~ ~\ 41 ~ 41 \ ~ ~~ ~ - \ iEMPORARY U11UiY IMPACT I 70 / 61 / ~ 46 ~ 43 R'( ~ ~ AREA OF SEWER CROSSING - 1 ~ ~ 1 ~0 /~ ` 54 ~p / ~ \ ~ ~ 15 SF (0.0006 AC) 1 11 ~ 1 60 55 Q~~ 130 44 '~ti O (SEE SHEET 16) WATERS IMPACT 5 ' - ~ ' ' ~ ~~ O 119 q ~ i / EXISTING' CULVERT ~ STORAGE BA51N 2 TEMPORARY UTILITY IMPACT . ~R INFlLIRAI)ON BASIN 1 / AREA OF SEWER CROSSING AVERAGE BOTTOM WIDTH = 3 FT 72 ~ 0 ~ _ 128 R/~ ,( 45 115 SF 0 LENGTH OF PIPE AND RIP RAP = 98 LF 1 ~ i / / ~' \ \ 127 ~ ~ \~ 39 y (SEE SHEET311)) AREA OF CULVERT CROSSING = 294 SF (0.007 AC) 73 ~ ~ ~ ~ 51 105 ~ `~ 11815 /~ ` `~ 38 ~E ' N A µSIN I SEE ` O 58 0 106 ~ O~ ~ 37 5 ~' ~ ( SHEET 6) Z ~ ~' ~ 101 108 ~ ~ ~ / ~O ~~ . 0 ~ 74 ~ ~ - O ~ O G~ °~ ~ O ~I ~ 123 . 36 O ~I z ~ - ~ _ _ 109 110 ~ ~~~ 122 . ~ 35 ATER iF1E U. 32 ~ \33 13 =' r ~iR~M IMPACT I i ~ ~ ~ I IS ° 1 104 ~ 103 ~ 102 i 101 ~ 100 1 RlN pq p , / 111 112 ` ~ 111 - • O 3/ - 1 ~ 12 (SEE SHEET 8) WATERS IMPACT 4 1 t I 99 1 T 0 0 ~~, ~~ ~j 1 O 19 _ _ 1 gB / 113 1 29 `UNNAMED 1RIBUTARY TO ~ ~ AVERAGE BOTTOM WiDTH = 3 Fi ` 16 / 97 ~/I` \ 1~1 110 , D.~\i / 26 15 EVERETiiCREEK 21 LENGTH OF PIPE AND RIP RAP = 88 LF \ .' O 18 AREA OF CULVERT CROSSING = 164 SF (0.006 AC) 1 ~ ~ ~ ~ g6 \ 114 ~1~ 119 .\ ~ i\ 17 _ 14 1 0 ' F WATERS OF THE US (SEE SHEET 5) 1 71 ~ ~ / WATERS OF 1HE US 28 - _ 1 20 ` r 78 1 OPEN SPACE / 95 ` ~_i15 ~~117 118 ~-i7 Y STREAM IMPACT 2 0 I \ 1 10 Fit ~ ~ O ~ 74 FT ' _ 1 ~ 1 , ~ 94 j 116 D.E~~ ~ . / / 5 ~P E 9 10 ,~ 12 // ~ ]6 (SEE SHEET 9) ~ ~_- P O ~ 13 ~ 79 1 STORAGE BASIN 3 ~ DV 08 ~ ~ ~ 14 15 STORAGE BASIN 4 O 1 BUD O\ ~P 0 i ~~' ~ 91 O ~ O / EXISTING CULVERT ~~~~0~~ ~ ~(~ ~i~ STORAGE BASIN 1 -o WA iERS IMPACT 1 1 81 85/ ~/ 91 ~P \ ~ ~ ~ ~. ~ ~~` r AVERAGE BOTTOM WIDTH = 3 FT ~ ~ 86 ~ gp ~ S~,u = ~ \ AREA OF CULVERT CROSSING ND 3016 S~0.000 ALF 82~ j\ / ~ n i -ATERS of ~E US. OO i °~ ~ AO `~3 ~ ~ ( CI (SEE SHEET 2) ExisnNC cuLVERri LEGEND CENTER LINE DITCH LOT LINE -°~ CONTOUR LINE WATERS IMPACT 3 AVERAGE BOTTOM WiDTH = 3 FT LENGTH OF PIPE AND RIP RAP = 43 LF AREA OF CULVERT CROSSING = 129 SF (0.003 AC) (SEE SHEET 4) WATERS IMPACT 1 AVERAGE BOTTOM WIDTH = 3 Fi LENGTH OF PIPE AND RIP RAP = 46 LF AREA OF CULVERT CROSSING = 138 SF (0.003 AC) '~.. (SEE SHEET 3) COASTAL SITE DESIGN, PC DlONQANG w,v PIAMAIlD .i~nu P,0. Bec IGII ~ ~ zaa (e~D) rai-+ai ~M ~ '" ,I f• ~ ~~ U 2 ~ c e 1u~i a~a'! X11 x ~~ €'': r, I~ 3~Npn 4 ~~~~o H ~~ ~~~~d ~~~ a~ 2 @ ~€~~`. ~~a~ DAIE• DS-1I-07 NpPZ 541(E 1'~ 7W' 1£RT, SDALB N A pPANN er. mw ar[arm er. Hse 200 100 0 2p0 400 nvDA<Drra: os-ouu SCALE IN FEET.' 1'= 200' rrr ~ r ~~ ~~~1~~ STREAM 1MPACTS LF (AC) 1 14 0.002 AC 2 14 0.002 AC TOTAL 148 0.004 AC TEMPORARY U1ILITY IMPACTS SF (AC) 1 25 0.0006 AC 2 115 0.003 AC TOTAL 150 0.004 AC P.ttac~nme t 3 - A ,~~ p ~~ '~ FESS AVERAGE 80TTOA1 WID1H = 3 Ff ~ ~ :~~'~ b '° , 2 SEAL = ' ' ~t I I LENGTH OF PIPE AND RIP RAP = 102 LF _025483 AREA OF CULVERT CROSSING =308 SF (0.007 AC) ~; y ~ ~ LENGTH OF RIP RAP = 24 LF ~R#+ S. 4~,~.i'r' LENGTH OF PIPE = 78 LF _ _.~M CT }~~~ \ ~ I CURB ANDS GUTTER 24 6' ABC STONE- STATION 6+ 14 ~T ~~ ~ 5p FT 4 Ff SIDEWALK ~2" SF9.5A 24 (2)-78 LF 72' CL 111 RCP'S 16 BURIED 20x u~ (Ll CROSS SECTION OF WATER IMPACTS 1 40 20 0 40 80 120 °""""'" '°" occau sr, nmr n~ace~iw: aFmu ....? ~ ~ 7 SCALE IN FEET.• 1 "= 40' AVERAGE BOTTOM iND1H = 3 FT LENGTH OAF PIPE AND RIP RAP = 46 LF AREA OF CULVERT CROSSING = 13B SF (0.003 AC) LENGTH QF RIP RAP = 24 LF LENGTH QF PIPE = 22 Lf GRADE n' a o- RCP's ~~ CROSS SECTION OF WATER 1 MPA C TS 2 40 20 0 40 80 120 SCALE IN FEET: 1 "= 40' N `, QpFESS,~o y - Q s~,~ Q2~ i /"~~ . ~ S/~o(~ 7 ~.~ ~„_o, ,~~,_a Baez x.¢e ~t r wuw ~v: ,av acnao ~r. ~ neatn~n: a~mrr r. ~ ~ 17 -40 -20 0 20 40 AVERAGE BOTTOM WID1H = 3 FT LENGTH OF PIPE AND RIP RAP = 43 LF AREA OF CULVERT CROSSING = 129 SF (0.003 AC) LENGTH QF RIP RAP = 25 LF LENGTH OF PIPE = 18 LF -40 -20 0 20 40 O GRADE ~~~~````'~N +~flk/R~~'. ~QQ,pf~~py y? ~, '~ z ~ a E,u ~ t "s ~fy ~'~GIHE~` ~~r '~'~ y sr~~~~~ -~ 72' a Iii RCP/s CROSS SECTION OF ~oz WATER IMPACTS 3 • COASTAL SITE DESIGN, PC ~~ ~ i.~.K 40 20 0 40 80 120 .) a, 1,, ~~ N ~~~ ~~ M ~~: ~ ~ ~~~_ ~~ ~~~~ ~ ~ TOIL SCNL /S q IO'l. s••n 111• haw sr. ,cw crraxu sr. xsl IIMLC7IO: OFGDI.! r. 4 ~ 17 v V s• ,~~ v -40 -20 D 20 40 • COASTAL SITE DESIGN, PC ~1 ~~." i~~ O -nroa ^c sio ~w wa IM ~~ 3 ~~ ~ YT ~~~ ~ ~ i§a y ~~ ~~~~ ~ ~ ~~~~ ~~ ~ ~~ ~„_o, xa-z acre i : a iaec scut is r 120 pusx sr. iw acvao sr. sae ww[e~ ~m as-aou r,.5 , f7 SCALE IN FEET: 1 "= 40' AVERAGE BOTTOM WID1H = 3 fT LENGTH OF PIPE AND RIP RAP = 98 LF AREA OF CULVERT CROSSING = 294 SF (0.007 AC) LENGTH OF RIP RAP = 20 LF LENGTH OF PIPE = 78 LF ~s ~2 >~; !N N 8 ' ... -40 -20 0 20 ~s _, 12 '8 40 4 FT SIDEWALK a ..~ ~~~` ~~ i SF9.5A wAu GRADE (2)-78 LF 84' CL 111 RCP'S BURIED 20X 98 FT !`,~~~N ~R~\, .~. ~~°~~~0~ _ r Q sEa~ a~ 3_ ~ _ ~ s~~% CROSS SECTION OF WATER 1 MPA C TS 5 ~ L COASTAL SITE DESIGN, PC o~ ~~ m.noK ~emua rn r ea re ews 7e-Na .~ ~n ~~N ~ ~~~ M o~ie a~i-rr-o~ xea rvr ~ : a' gar. ecue r. r 40 20 0 40 80 120 "'"~'" °" aurae er. wsl r„, 6 ,17 SCALE IN FEET.• 1 "= 40' AVERAI~' BOTTOM WID1H = 3 FT LENGTH OF PIPE AND RIP RAP = 98 LF AREA OF CULVERT CROSSING = 294 SF (0.007 AC) LENGTH OF RIP RAP = 20 LF LENGTH OF PIPE = 78 LF STATION 7+25.47 6' ABC (SO ~ GRADE LF 84' q. III R('P'S zox ~ ~: 98 FT <-,-`i r 1 SEr1E 025183 -~, ., j ~i ~~ti ~',. `L~~' w /'~ ~~j~~~-7 CROSS SECTION OF WATER IMPACTS 6 ~0 20 0 40 80 120 SCALE IN FEET.• 1 "= 40' i~F • COASTAL SITE DESIGN, PC ,~~ nrtanear i~.~ -a r tea r+M.~.c ~ w-wa .M ~a i gg` :~ e~m eo-„_o, ,~~,_.~. corr. Twee r+- r nuw sr..ox oecaan ir. rar ~„n: ee-aoa r. 7 ~ 17 -40 -20 0 20 40 LENGTH OF RIP RAP = 15 LF LENGTH OF PIPE = 59 Lf 20 CURB AND- GUTTER LENGTH OF STREAM IMPACT = 74 LF STATION 7+82.50 6' ABC STONEr ~6 I2 -40 -20 0 20 40 20 ~6 3 W~ ~j ym ~~ 0 .~ I " SF9.5A GRADE {2)-59 LF 60' a 111 RCP's BURIED 20x Fr s-DEwALK ~/~( ~ i ` ~ ~ sE,t~ f o~ ~~ ~~ aw QtNE CROSS SECTION OF STREAM IMPACT 1 COASTAL SITE DESIGN, PC ~~ ~~~ .a~"« ~~~ ,._„„ ~- :~ ~~ i ~~~ a N L ~ n a~ ~„-0, saz e...~. ~: a v~ sole iti r 40 20 0 40 80 120 °"'"'" °" `" acato sr. Nsr ~~: ,r, 8 ,17 SCALE IN FEET.• 1 "= 40' LENGTH QF RIP RAP = 15 LF LENGTH QF PIPE = 59 LF LENGTH OF STREAM IMPACT = 74 LF STATION 2+85.54 ~., -- l 6' ABC _ Q z 0 .. ~, R,g ~~o~D~ c~ 72' a a- RCP's , lox CROSS SECTION OF GRADE STREAM 1 MPA C T 2 40 20 0 40 80 120 SCALE IN FEET: 1 "= 40' COASTAL SITE DESIGN, PC ~~ ~r i~.r .a.. a« ~. ,~-,M 4 FT SIDEW~ ~~~~ l~ -40 -20 0 20 40 V -1 • COASTAL SITE DESIGN, PC ~.. ~~ 12' SANITARY SEWER ~` «w ~.-«,~ AVERAGE BOTTOM LENGTH = 5 FT WID1H OF SEWER )BENCH = 5 lF AREA OI- CULVERT CROSSING = 25 SF (0.006 AC) WAIERS OF 1HE US STATION 3+ 80 ~.- - , ~o ~~~ _ Q 16 _ 16 ~ o j ~ „,~ EXISTING GRADE '~y'~~'~y~ hG `~S~-~`~ ~l ~ _ ; !I 12 t2 S~lo~~~ 12' SANITARY SEWER CROSS SECTION OF 8 _ _ 8 TEMPORARY UTILITY 1 ~~ .~ ~~ -40 -20 0 20 40 40 20 0 40 80 120 SCALE IN FEET.• 1 "= 40' e ~~ ~~ ~~ ~~~r~ z = ~~~ ~~ ~ ~,~ ~-.r,_~, uxz .rxr rs a ~wc autc r1 r ar.w sr..oM o[oao er. Nsr rroterrm a~mu ... ~s ,» LENGTH OAF STREAM CROSSING = 25 FT WJD1H OF SEWER TRENCH = 5 LF AREA OF CULVERT CROSSING = 125 SF (0.003 AC) ~-J / • !~- COASTAL ~.. ~ SITE =~:x. 5 - DESIGN, PC \~~ ..: { ~ /TRIBUTARY TO EVERETIS CREST( ~ ~~ STATION 5+46 20 16 12 8 -40 -20 0 ~qI GRADE PR01'OSED 12' SANITARY SEWER o° ~;~ ,a`~~u+b~~~~k~~' -- ~N ~R .; ~~ k~~p Q~ SEAL 025+183 sy~~~~ SEWER CROSS SECTION OF TEMPORARY UTILITY 2 a~ ~~~ ~~ ~„_o. Mxz sevc r: M rorT. 9GVL 1'. I' 40 20 0 40 80 120 °~'"" °" ~"' scam sr, ntw r~a[r~~a: as-ooar r.17~17 SCALE IN FEET.• 1 "= 40' V 20 40 -~ STORAGE 40 20 0 40 80 120 ,.~~,:a ~. ~ ,,..• dn~w sr. ,aw acaao er. Nsr /1M(Cl b: GFW4f w~ 1~ ~ ~~ 'L ~,~~u~Ky~~~ LEGEND .`~.'NF~N ~p ~~~'•• wr uw[ ~~ 0 ~~ ••, w ® _ SEAS '~ Q~[~p.~ ~ ~( ~~0.1 '~ T ~N A .L ~d/~~ INFILTRATION BASIN 1 40 20 0 40 80 120 SCALE IN FEET: 1 "= 40' ~,~ ~„_o, xp~z seat r. a N)/. 9GYO I1 1' aaw sr. ~av c+caxo sr. xsr rao[e~ ~/u: aF/OOa r~1/ ~/7 ., ,., ~-. LEGEND ~~ S101N ~FE ® .~MCIIOI !df STORAGE BASIN 2 ~'~~~~ 4D 2° 4D a° ~ z° SCALE IN FEET.• 1 "= 40' AI1C• AS-1/-07 ItlRZ 4.4G 1'. M IQL IGVE I4 ~' ~~.~.~ ocarn ar. Nsr rMn[e~n: a~mu r. ~Z ~ ~7 COASTAL SITE DESIGN, PC ~~.». ~~ .a.. >~ ~-«~ ~q .rrE ~ h 3~ ~~ ~ ~ M~ „~ ~ I Nf 1 ~ I KA I ION BASIN 2 40 20 0 40 80 120 ® a~nl eox SCALE IN FEET: 1"= 40' DA2 O.'FIF07 102 9PiVL• IL rp' 1qL SCU@ IL M auirr sr. ,ar ataan ar. Ilse na[c~nf: as-mo r. 13 ~ 17 ~., U ~~-, ., ,~ N C~ '~. ~F~~o ~ /: s~,u LEGEND ID, ule _. aF ._ ~I,aa IIE ~~ ®~,~/.~ STORAGE BASIN 3 4° 2° 4° s° ,2° SCALE IN FEET: 1°= 40' J - V COASTAL SITE DESIGN, PC Gl.m.lG IAI.II,W.Ii ~,~.~ ~A V INI iii YC f101 7N-1111 M a~ ~ N ~~~ ~a= v, ~~ ~~yaa ~~~ ~~ z ~ ~~~~ ~~ ~ -r LEGEND ~m ux[ _.__..a...,_ Gamut uc smwt rr[ ®.,.~.~ STORAGE BASIN 4 4D 2° 40 s° ' z° SCALE IN FEEL• 1 "= 40' COASTAL SITE DESIGN, PC ~~ ~r i~.r rnrw re sw w~-wa iM r~ 3 Z8 , ~~ i M~ ~x= ~~ ~~~~~ Z ~ ~1~1 <~~ ~ "_ 15 ,17 ~~ rL~~ ~~-~py-a~1~r~i~ , a,.~` ~N CSR p~ a, x?~f~b'~ ~ SEQ. 0~51~i ~-~~~~~, PRESERVA 110N MAP for ~' Ti4r{~ `~, ~ 9,y NOTES: a F~p,IF 66 ~ 1. BOUNDARY AND TOPOGRAPHIC SURVEY PERFORMED BY GEOINNOVATIDN, COASTAL 2, NO WETLANDS EXIST ON SITE SIT E ¢x ~'t'F 65 li rr~~, ,` WATERS OF US PRESERVATION 3. PRELIMINARY -NOT FOR CONVEYANCE, RECORDATION, OR SALES. B7 ~'• ~ ~ AREA6=10,385 SF (0.24 AC) DESIGN PC 4. THIS PLAN DOES NOT PURPORT TO SHOW ANY DESIGN INFORMATION ~~ / 64 +; r 51 I 50 ` i BIG,fEAI1C' ~ /~ / wB viAwixc r ~,\\\ , 68 ~ •\'•111r `~\ I ~~ cwrtAaa~~ownK lr ` ~ ''\ 63 j~j 52l ~ •`\ 49 ~ ~ ~ ~r.a e~+w~ ~ •. 69 / \ !r ~ ;` INFlLIRATION BASIN 3 ~/ '~ , ~~ EXISTING CULVERT EXISi1N0 CULVERT (s~9aj r~"~+„~ \ O '~~ ,~ O ,,T'' TO BE REMOVED TO BE REMOVED 61 r., .( ~ ~~,,, \ ~ ~ 53 ~ 42 C ~I ~ ~,.• I L10 • ~' , ~ ~~ 71 I 60 r / ~/ 55 ~~ , ~ ~ ~ 44\~ ~~ ~ ,~ - 56 L55 ~~~ L10 ~ ;~I it ----_ ~ ~•-`_ r r '~\OQO~ 130 ,' 129 ~•• ~ 0~1~'" ~:~. g ~~ 40 L10 rLl STREAM PRESERVATON ~ ~ •~ - ~ y ~ ' O q~ i ~~ ~ ~i~b ~\ STORAGE BASIN 2 1 AREA 3 = 2,140 SF (0.05 AC) ~ ~ ~,'+~ ~, 72 ~ 59 i ~ i 56 ~;~ \ \ ' 128 ; ~Ri ~ 45 INFlL1RA110N BA 1 ~ ~' `` ' ~'• ~ 110 ~ ~--L 1 128.0 LF ~ ~ 1I:~ ~1 ~ I ,~•.~ I / ,~`~ ~ 121 , ~> ,\ , '~, ~ SN 1 tt~~ ro'~, ~ 39 ~' L10 ~~g ~ ~~ 13 ' r ~ ~ ~ 57 ~ 105 1 ~~ "` ~ 116 , l i \ ~,~~ ~~ ~ ~ ~ '~~4 I O 58 ~ ~ ~ O ~ 0 ~ 106 ~ ~ ~^. 125 i ~ Nti~/ ~~~ ~, 38 ICE/~ ~ ~i~ 74 ~ ~------~ ~.- 0 101 % 1081 ~`~ ~~/`, ~ i 124 ; \~ ~~~4 V° ~ 31 ~~~5 ~' ~ ~,', 34 ~~; I i ~ O 11 ~ O O, ~ •~ ~. / 123 ~'. , ~" 36 ,, G ~ `/'~ ~, Vg1~/~ ~~ INFlLIRAlION BASIN i 11 AI ~--~---~1 ~'- ~~0 / 110 ~ ~r ~ ~ .122 / \ \ ,~ ,,• WATERS OF\ E US ` 32 X33 ~~ ~9'` 1t ` ~~ 1, y~ ' ARjN \ ~ 111 ~ ~>1 < ~ 31 L8 UNNAMED TRIBUTARY i0 ~,.~ 1 7S. ~ 104 1 103 1 102 1 101 1 100 ~pq~>-, ~ O,' 111 ~ ~''~'~ ~ 111 ~ ` 30 `O _ -- 3 .EVEREITS CREEK% € 5 Ha i 1 1, ~ ~ ~ 991 \ 0,113 ~ O-•~ /'~ ',0~~-. ~I~ 19 1 ~ ~~~.8 1 16 r- _~__~ ,~ . ~~ ` 98 i \, ~ / ~/~ S OF THE U.S 29 ~- 15 ~96 <<~1 ~, t h ~~ ~~ ~~~ ~~ ~ r ~.~'~~ ~ 97 / ~ <, ,,fro, ~~ ~ 110 -l \?0 F~~ ~~~~ 1 ~~~~ 1~ 1 ~ STREAM PRESERVATION ~ ~ a~a~ 1 ', ~~' ~ i \ ~~ ~ ~ / ~ ODE.-'~ 26 9 ~~~ ~',1 21 1 ~ AREA2=5,849 SF (0.13 AC) ~~ as li 11 1 ~ ~\~` ~ i 96 ~ b~ 114 ~1 1-- 119 j ~/~'( 27 ` ~ ° _; 14 ~~ ~ ,/'~ ` 0 18~N294.0 LF ~ Z = R€4 ~ 0~1 1 i 95 ~,,~ ~/- ~1,~ \~ 28 ~ `~ ~ ~ 10 °O 1~x ~ @ OPEN SPA I ti ~ ~ -- ,~ I `J 17 1;~~ ~ ~ ~Y p `~, :. ~ 78 111 1'1 ~ ~ ~~ \ ~'i ti 11 ~ 115 ~ ~` 11~, 118 ~ -UO;IIT~ ~ O ~ - ~1 1 ~ ~~~ 94 I 2DET~1i Y- ~~ ` L68~ L75 l I 16 r~ 1 ~ ' O 1 116 ~ ~1E 1D L~YI ~ I ~, O 1 STORAGE BASIN 3~ ~• ~`~ -''(O ~ O `.' I .,_jZ~~ 11 (1 STORAGEBASIN4 ~~~ \~`~` 8 ~ ' •.N~~ ~ 14 15 WATERS OF US PRESERVA1i0N ~ 80 1 1~Ir ~%j 1 \~ I 1 `~ EXISTING CULVER ~` ~ AREA 1 = 1,913 SF (0.044 AC) ~ L1 1 !l.'~ ~y, ^ 1 ~ ~ 91 ~'~/ 11 OS ~ i0 BE REMOVED ~ STORAGE BA9N 1 1' WA]ERS OF US PRESERVA AON 1~ 81~ 85 •~'" ~~~. - - ~~ La.9 ~~ ~Q~ \ AREA 2 = 1,733 SF (0.06 AC) - - ~ 91 ~ ~ 2 ~' ~ 86 ;'I ~~ L19 O , ~ 82 ~, ~ ~ \ / 1 ' WATERS OF >HE US I ~ 90 ~/ ,~ ~' /'~ i ~ / 81 88 ~ ~ ' I ~ 83 O 89 ~ ,' a~ EXISTING CULVERT ' --~- TO BE REMOVED "~ '~~ .' INFlLIRARON BASIN 4 84 1' ~'~~// 1 1 I 1 ,' ~. LEGEND ~ i , WATERS OF US PRESERVATON '' ~i~,• ~x ~ , AREA 3 = 9,646 SF (0.21 AC) ---- PRESERVATION BOUNDARY "^~~, ~! ~`. ~~' LOT LINE ! i 't -"~- CONTOUR LINE `~ ~, WATERS OF US PRESERVATION AREA 5 = 4,896 SE (0,11 AC) ~WA]ERS OF U5 PRESERVATION AREA 4 = 2,105 Sf (0.06 AC) ~j ~\ '`~r ~~~~~.~~ STREAM PRESERVARON ~` , AREA 1 = 1,959 SF (0.04 AC) `,~~` , 87.0 LF \ STREAM PRE RVA110N AREA SF AC LF 1 1 SF 0. 4 A 87 2 3 14 A 1 TOTAC OA iE OS-OD-07 Hwz scue r : tao' 1481. 1r.1f£ N A g1ANN BM RLW Q4Ed2p BC H97 200 100 0 200 400 vNa[cr Na: as-ow SCALE IN FEEL• 1'= 200' `~~' `? v ,~~~~uu"~~r~~~~ a ~ f /y ~r ~S/0 ~' ,~ Q Q~`-~83 _ l®~07 LINE TABLE LINE BEARING LENGTH L 1 S86 59'41 "W 20.00 FT L2 N0300'19"W 98.33 FT L3 S780411 "E 20.70 FT L4 S0300'19"E 92.99 FT L5 S6256'17"E 20.00 FT L6 52703'43°W 65.49 FT LI 500'39'22"W 132.66 FT L8 51953'46 E 19.89 FT L9 Si4'15'40"E 30.11 FT L10 5191156"E 11.11 FT Lii S557117"E 21.85 FT L12 55635'55"E 36.95 FT L13 56172'43 E 91.33 F1 Li4 S6510'17"E 34,65 FT L 15 S24'49'43"W 20.00 FT Lib N6510'17"W 35.11 FT L17 N6212'43"W 91.15 FT Lib N595254"W 1371 FT L19 N1053'S7"W 11.76 FT L20 N0039'22"E 139.37 FT L21 N2703'43 E 10.18 FT L21 N4201'14"E 2220 FT L23 S5415'00 E 1253 FT L24 S5117'00 E 19.55 FT L25 54778'41"E 19.02 FT L26 53450'31'W 17.91 FT L27 N5106Y3"W 17.42 FT L28 N5577'38"W 79.66 FT L29 N4110'20'W 26.75 FT L30 543'01'17"W 19.90 FT L31 N4718'41"W 1391 FT L32 N490358"W 48.71 FT L33 N5340'15"W 19.86 fT L34 N56 50'01 "W 57.53 FT L35 N5511'32"W 68.88 FT L36 N5330;~6"E 21.38 FT L31 5510919E 6315 FT L38 56031'41"E 66.90 FT L39 S4432'11 E 70.16 FT L40 546 51'02 E 13 72 FT L41 N6138'S3 E 10.00 FT L41 521'1134 E 90.30 FT L43 S40'46'12 E 35.06 FT L44 S41'49'42"E 45.97 FT L45 55206'05 E 30.42 FT L46 544'33'23 E 7739 FT L47 54572'06 f 33.39 FT L48 51316'57"E 18.56 FT L49 S1350'43"E 51.48 FT L50 S1711'35 E 30.19 FT L51 51650'17"E 58.19 FT L52 S1710'4TE 4376 FT L53 S7351'02"W 20.00 FT L54 N1710'47"W 4346 FT C55 N1650'11"W 58.11 FT L56 N111135"W 30.81 FT L57 N1350'43"W 48.46 FT L58 N34'12'13"W 21.10 FT LINE TABLE L59 N33'40'S9"W 2371 FT L60 N443313°W 74.11 FT L61 N5206'0S"W 30.13 Fi L62 N42'49'42"W 47.95 FT L63 N40'46'12"W 37.80 FT L64 N27'11'34"W 92.28 FT L65 50639'29"E 15.14 FT L66 S7453'14"W 31.08 FT L67 S8072'38"W 14.15 FT L68 N88'40'40"W 31.71 FT L69 N84'33'55"W 11.45 FT L70 N7403'46"W 19.00 FT L71 N091911 E 20.13 Fi L72 S7403'46"E 19.48 FT L73 S8433'S5"E 9.14 FT L14 S8639'08 E 27.50 FT L 75 N8374'13 E 1214 FT L76 N8112'43"E 3334 FT U7 N0111'18 E 18.61 FT L78 N8655'46 E 1211 FT U9 N8452'O6"E 14.95 FT L80 N8236'41"E 19.56 FT L81 S80'43Y3 E 32.38 Fi L82 57714'58 E 18.66 FT L83 S6101'45 E 30.49 FT L84 557'44'15 E 21.89 FT 1 COASTAL SITE DESIGN, Pf o+ahcoauc uw / PA Bm 1011 rM% ~~~ ~ y ~~~ ~ ~~ F Z 1~,~ ~~ ~'%~ '4' ~~ ~i1~ ~~ ~4n pa g 5~'n~n y,N .o ~~~ do >E N n k 2 t un ~~ ~~ ~ aA~c• os-o~-o~ 11p7Z SCAIE• M/A KRf. ST.'NE• N A PPAMN er. mw GIELKED BI? HSR aAaECr Na: as-roa ...? .? A~tgcl~Y,ner,~ 5 THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA. THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS. PREPARED BY: J.M. Baker, Attorney at Law RETURN TO: 720 North Third Street, Suite 202 Wilmington, NC 28401 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS T A R I N W O O D S THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, made the day of , 2007 by Cypress Grove Land, LLC hereinafter referred to as "Declarant". W I T N E S S E T H Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as "Tarin Woods" which is described in that deed recorded in the Office of the Register of Deeds of New Hanover County, North Carolina in Book at Page ,and described on that plat recorded in Map Book at Page to which reference is made for a more particular description; and above: Whereas Declarant desires to place certain Covenants and Restrictions upon the lands described Now, THEREFORE, Declarant declares that the Property described above 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, and which shall run with the land and be binding on and shall inure to the benefit of all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns. -1- ARTICLE II. PROPERTY RIGHTS AND EASEMENTS SECTION 1. Owners' Property Rights and Easement of Enjoyment in the Common Area. Every Owner shall have and is hereby granted a right and easement of enjoyment in existing and any future Common Areas, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following: (a) The Declarant and Association may make and amend reasonable rules and regulations governing the use of any future Common Areas; (b) The Association may levy fines in accordance with the North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statues). SECTION 2. Easements in Favor of Declarant and the Association. The following easements are reserved to Declarant and the Association, their successors and assigns: (a) Any as shown upon that map of the property recorded in Map Book at Page of the New Hanover County Registry. SECTION 3. Other Easements. The following easements are granted by Declarant to others; (a) an easement is hereby granted to the New Hanover County Water and Sewer District ("County' for the purpose of maintenance of the water-carrying capacity of the water feature and to clear obstructions from the water feature and its surroundings. County's rights shall include removing structures, fences, trees, shrubs and vegetation within the easement area. Declarant and Association shall have the right to use and enjoy said easement area subject to the easement and rights herein granted. At the conclusion of any installation or maintenance activities within the above-described easement, the County shall return the easement to as near prior conditions as feasibly possible; (b) an easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots in the performance of their duties; (c) in case of any emergency originating in or threatening any Lot or Common Areas, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person authorized by it, 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 Owners, and such right of entry shall be immediate; (d) the Association is granted an easement over each Lot for the purpose of providing Remedial Lot maintenance; (e) the Declarant reserves the right to subject the real property of this subdivision to a contract with any and all utility companies as necessary including, but not limited to, installation of street lighting which may require a continuing installment payment to the utility provider by each residential customer. SECTION 4. Nature of Easements. All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of the binding on the Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee and other person -3- ARTICLE IV. HOMEOWNER'S ASSOCIATION SECTION 1. Formation of Association. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to (i) own, operate and maintain the Common Areas, (ii) to maintain the Designated Common Area, (iii) to maintain the Limited Common Areas, and (iv) serve as a member of Sea Breeze Sound, all in accordance with this Declaration, the Association's Charter and Bylaws. SECTION 2. Membershiv. Every Lot Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Lot ownership. SECTION 3. Voting Rights. The Association shall have two classes of voting Membership: (a) Class A. Class A members shall be all Owners with the exception of Declarant, and 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 lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. (b) Class B. Class B members shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A on the happening or either of the following events, whichever occurs earlier: i. Sale of last lot owned by Declarant ii. December 31, 2016. SECTION 4. Government Permits. All duties, obligations, rights and privileges of the Declarant under any water, sewer, storm water, and utility agreements, easements, and permits for the Project with municipal or governmental agencies or public or private utility companies are at all times the responsibility of the Association. ARTICLE V. INSURANCE AND BONDS If it is economically advantageous to obtain group insurance over individual insurance, the following shall apply: SECTION 1. Insurance. It shall be the duty of the Association to maintain in effect casualty and liability insurance as follows: (a) Amount and Scope of Insurance. All insurance policies upon the Common Areas shall be secured by the Board of Directors, or its designee on behalf of the Association which shall obtain such insurance against loss or damage by fire or other hazards normally insured against and such other risks, including public liability insurance, as from time to time shall be customarily required by private institutional mortgage investors for projects similar in construction, location and use as the Project and the improvements thereon for at least $1,000,000.00 for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Coverage under this policy shall include, without limitation, legal liability of the insureds for property damage, bodily injuries, and deaths of persons in connection with the operation; -5- thereof; (1) all reasonable expenses of the insurance trustee shall be paid or provision made (2) the remaining proceeds shall be used to defray the cost of repairs for the damage or reconstruction for which the proceeds are paid. Any proceeds remaining after defraying such cost shall be distributed to the beneficial owners, including lienholders of record, or retained by the Association for such common expenses or purposes as the Board shall determine. SECTION 2. Fideli , Bond. The association shall maintain blanket fidelity bonds for all officers, directors, employees, and all other persons handling or responsible for funds of the Association (provided, however, that if the Association shall delegate some or all of the responsibility for the handling of its funds to a management agent, such fidelity bonds shall be maintained by such management agent for its officers, employees and agents handling or responsible for funds of or administered on behalf of the Association). ARTICLE VI. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association the following assessments (collectively the "Assessments': The 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 respective Lot against which the Assessments are made. Each such Assessment, together with interest costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Annual Assessments. The board of directors shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year. Within 30 days after adoption of the proposed budget for the Project, the Board of Directors shall provide all of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification including a statement that the budget may be ratified without a quorum. The budget is ratified unless, at the meeting, a majority of all the Lot Owners in the Association rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Board of Directors. The annual assessment for each Lot shall be established based on the annual budget thus adopted; provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The due date for payment shall be established by the Board of Directors. The board of Directors shall have the authority to require the assessments to be paid in periodic 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. SECTION 3. 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 the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon any current or future Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the -7- (d) Any judgment, decree, or order in any action brought under this section shall include costs and reasonable attorney's fees for the prevailing party. (e) Where the holder of a first mortgage or deed of trust of record, or other purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be common Expenses collectible from all the Lot Owners including such purchaser, its heirs, successors and assigns. (f) A claim of lien shall set forth the name and address of the association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. SECTION 11.. Common Surplus. If the Annual Assessments collected in any given year is in excess of the actual Common Expenses for that year, the Association may, at its sole discretion credit each Owner's share of the Common Surplus to each Owner's payment as for the Annual Assessment for the following year. ARTICLE VII. ARCHITECTURAL CONTROL SECTION 1. Committee Established. The Association shall at all times have as a standing committee an architectural control committee, consisting of one or more persons. Each Committee member is appointed by, and serves at the pleasure of, the Board, unless the Board from time to time constitutes itself as the Committee. The Board from time to time may designate alternate members, to serve in the absence of any regular member. Absent. Board action to the contrary, the Board is deemed to have constituted itself as the Committee. Committee members need not be Directors but must be a lot owner. No Committee member is entitled to compensation for services performed; but the Board may employ independent professional advisors to the Committed and allow reasonable compensation to such advisors from Association funds. Any Committee action may be taken by a simple majority of its members, with or without a formal meeting or joint deliberation, so long as each member is informed in advance of the action proposed. SECTION 2. Developer's Rights. All duties and responsibilities conferred upon the Architectural Review Committee by this Declaration or the By-Laws of the Association shall be exercised and performed by the Declarant or its Designee, so long as the Declarant shall own any lot in Tarin Woods or any additions annexed thereto by Supplemental Declaration or Amendment. SECTION 3. Committee Authority. The Committee has full authority to regulate the exterior appearance of the Lots to: (i) assure harmony of external design and location in relation to surrounding buildings and topography; and (ii) to protect and conserve the value and desirability of the Properties as a residential community. The power to regulate includes the power to prohibit those exterior uses, structures, conditions, or activities inconsistent with the provisions of this Declaration or otherwise contrary to the best interests of all Homeowners in maintaining the value and desirability of the Properties as a residential community. SECTION 4. Committee Approval. No building, improvement, structure, addition, landscaping, attachment, condition, excavation, alteration, or change (including any color change) may be made, installed, maintained, restored, or permitted to remain on or to the exterior of any Lot, unless made, installed, maintained, or restored, as the case may be, substantially in compliance with plans and specifications reviewed and approved by the Committee in advance. Notwithstanding the foregoing, the Committee's approval is not -9- application, or (ii) any additional plans, specifications, drawings, or other items that the Committee will require to act upon the application, or (iii) both of the foregoing. The Committee's failure to so notify the applicant is an approval of the application submitted. Upon receiving the foregoing notice, the applicant may request a hearing before the Committee, at which the applicant, personally and through representatives of the applicant's choosing, is entitled to a reasonable opportunity to be heard in a reasonably impartial manner, after reasonable advance notice. No particular formality is required for any of the Committee's proceedings, including any hearing, nor is any record required other than a written statement fairly summarizing the material features of any Committee action. Unless the applicant agrees otherwise, the Committee must approve or disapprove any application within 75 days after receipt. SECTION 11. Approval. The Committee's approval is deemed given under any of the following circumstances: (i) the Committee fails to deny any application within 75 days after receipt, unless the applicant agrees to a longer period of time; or (ii) the Committee fails to notify the applicant of its intent to deny an application, or that further information is required, within 60 days after receipt of an application; as provided in the preceding Section; or (iii) no suit, action, or other proceeding is instituted by the Association within one year after substantial completion with respect to any use, activity, structure, installation, condition, or other item installed, maintained, or restored without application to the Committee. In all other events, the Committee's approval must be in writing and endorsed upon two sets of the plans and specifications, one of which must be returned to the applicant and one retained in the Association's permanent records for a period of at least five years. Upon completion of the approved work, the applicant and any architect, engineer, contractor, or other responsible professional must certify to the Association in writing that the work has been completed substantially according to the approved plans and specifications; and no Statute of Limitations begins to run in favor of any Homeowner or other applicant with respect to any substantial non-conformity to the approved plans and specifications until such certificate is filed. SECTION 12. Charges. Any material change to any plans and specifications approved by the Committee also must be approved by the Committee as provided in this Article, except that the Committee will expedite, to the extent practical, any such application that is made while construction is in progress. The Committee in no event is required to act upon any such application in less than 15 days, however. SECTION 13. Notice of Action. No suit, proceeding, or other action to enforce the provisions of this Article may be commenced or continued, nor may any of the provisions of this Article be enforced, against any person who acquires any interest in a Lot without actual knowledge that a building or other structure (including walls and fencing) was installed, maintained, or restored, as the case may be, in violation of the requirements of this Article unless such suit, action, or other proceeding is commenced within one year after such building or other structure was substantially complete and a lis pendens or other notice of the pendency of such action is recorded within such time period. No such action may be commenced, continued, or otherwise enforced against any purchaser or creditor who acquires an interest in, or a lien upon, any Lot for value, other than pre-existing indebtedness, and without actual knowledge of any such violation, if such purchaser or creditor obtained a statement under penalty of perjury from the applicable Homeowner that no violation existed on such Lot at the time value was given or paid. Upon payment of any reasonable uniform charge that the Association, from time to time may impose to defray its costs, the Association within ten days after request will issue an appropriate certificate of compliance or noncompliance, as the case may be, with the provisions of this Article that is binding and conclusive as to the information its sets forth upon both the Association and any person without actual knowledge to the contrary. SECTION 14. Developer Action. Notwithstanding any provision of this Article, no Committee approval is required for any residential dwelling or any of its appurtenances constructed or authorized by Declarant on any Lot, so long as it otherwise conforms to the applicable requirements of this Declaration. The foregoing exemption is for the exclusive benefit of a Declarant and may not be extended by Declarant to any Builder or any Homeowner other than Declarant. -11- nuisance to the neighborhood. Pet owners shall be responsible to immediately and properly dispose of any pet waste on common areas or roadways. (g) Nuisances. No owner shall make or permit any noises that will disturb or annoy the occupants of any of the lots in the development or do or permit anything to be done which will interfere with the rights, comfort or convenience of other owners. (h) Statuary TV Satellite Dishes and Outside Antennas. No yard statuary, yard art, or TV satellite signal receiving dishes are permitted on any lot and no outside radio or television antennas shall be erected on any Lot or dwelling unless and until permission for the same has been granted by the Board of Directors of the Association or its architectural control committee; provided, however, satellite dishes not over eighteen (18) inches in diameter which cannot be seen from the street are permitted. (i) Construction in Any Future Common Area. No person shall undertake, cause or allow alteration or construction in or upon any portion of future Common Areas except at the direction or with the express written consent of the Association or as permitted by this Declaration. (j) Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the period of Declarant control of the Association and thereafter by the Board of Directors of the Association. (k) Trash. Each owner shall keep such owner's lot in a good state of preservation and cleanliness and shall not sweep or throw or permit anything to be swept or thrown therefrom, or from the doors or windows thereof, any dirt or other substance. All garbage and refuse from the lots shall be deposited with care in garbage containers intended for such purpose only at such times and in such manner as the Board of Managers/Directors may direct. All trash cans must be kept from view from the street except on trash pickup days. Trash cans must be removed from the street within 24 hours of trash pickup. (1) Christmas Decorations. Christmas decorations may only be exhibited between November 20 and January 7 of the following year. (m) Fla~~s. No flags shall be flown upon any lot or common area in the subdivision with the exception of the flag of the State of North Carolina and the flag of the United States of America. No flags of any kind may be displayed upon vertical flag poles. No flag may be displayed larger that 4'x6'. (n) Political Signs. No political signs may be displayed upon any common areas or individual lots within the subdivision. (o) Damagee Liability. Any damage to buildings, recreational facilities, or other common areas or equipment caused by owners, their children or their guests shall be repaired at the expense of the owner. (p) Amendment and Revocation. Any consent or approval given under these Community rules by the Board of Managers shall be revocable at any time. These Community Rules may be added to or repealed at any time by the Board of Managers/Directors, SECTION 2. Maintenance. To the extent the association is not obligated to provide maintenance pursuant to this Declaration, each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. In the event the Owner fails to do so, then after thirty days notice from the Architectural Control committee, the Association or its designee may enter upon the Lot and remove the same at the expense of the Owner, and such entry shall not be deemed a trespass, and in such event a lien shall arise and be created in favor of the full amount of the cost thereof chargeable to the Owner's Lot, including collection costs and such amounts shall be due and payable within thirty (30) days after the Owner -13- driveway crossings, is strictly prohibited by any persons. Lots within CAMA's Area of Environmental Concern may have the permitted built upon area reduced due to CAMA jurisdiction within the AEC. Each clesignated curb outlet Swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H;~ side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10- year storm in anon-erosive manner, and maintain a dense vegetated cover. Further, filling in, piping or altering any designated 5:1 curb outlet Swale associated with the development is prohibited by any persons. ']'he State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater management permit. Alteration of the drainage as shown on the approved flan may not take place without the concurrence of the Division of Water Quality. These Covenants are to run with the land and shall be binding on all persons and parties claiming under them. The Covenants ~~ertaining to storm water may not be altered or rescinded without the express written consent of the State of Plorth Carolina, Division of Environmental Management. No lot owner is allowed to pipe or fill in any swale or ditch used to meet the storm water regulations, except for driveway culverts. Each lot will maintain a 30' vide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 30' from the mean high water mark of surface waters. Fill owners shall be responsible to ensure continued compliance with the rules and regulations with regard to their individually owned property. Lot owners shall not pipe or fill-in any Swale or ditch that is a requirement under the storm water regulations, except for driveway culverts. These Covenants are to run with the land and shall be binding on all persons and parties claiming under them. The Covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Environmental Management. Responsibility to ensure continued compliance with the above referenced permit shall transfer to the t?,ssociation once Declarant has conveyed fifty percent (50%) of the lots initially owned by Declarant. SECTION 3. Rights of Institutional Note Holders. Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following t}ie end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Project or the Property securing its loan, (e) receive written notice of a,zy sixty-day (60) delinquency in the payment of assessments or changes owed by any C-wner of any property which is security for the loan, (f) receive written notice of a lapse, cancellation, or material modification of a~iy insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the consent of a specified percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. SECTION 4. Utility Service. Declarant reserves the right to subject the Property to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, impact fees or other utility service to the Lots. In the alternative, the Developer may collect such connection, impact and other fees, charges directly from the Lot Owners. All Lot Owners shall be required, for the household purposed, to use water and sewer supplied by the companies/governmental units servicing the Project. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Declarant or the Association. SECTION 5. Seve_ rte. Invalidation of any one of these covenant or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 6. Lots Subject to Declaration/Enforcement. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the -15- IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed the day and year first above written. Cypress Grove Land, LLC By: County, North Carolina Steven Shuttleworth, Member/Manager I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Steven Shuttleworth, member/manager. Date: Printed Name: My commission expires: Notary Public -17- 1r- os~~stem ~~~I11~~ ~~~~.]~~~~.~ PROGRAM May l6, 2007 Terry Haire Cypress Grove, LLC c% Amanda Kolb Southern Environmental Group, Inc. 53155. College Rd., Ste. E Wilnngton, NC 28412 Project: Tarln Woods County: New Hanover Att.gc~nnnerlk b The ]wrpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP} is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. V we have not received a copy of the issued 404 Permit/401 Certil'ication/CAMA permit within this dme frame, this acceptance will expire. It is the applicant's responsibility w send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will lie issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the follo~sinft table. ~7Vhite Oak 03030001 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh Impacts 0 0 148 0 0 0 0 0 Credits 0 0 296 0 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, ~ Wi D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Jennifer Frye, USACE-Wilmington (2005-695-065) Joanne Steenhuis, NCDWQ-Wilmington Doug Huggett, NCDCM-Morehead City File R~sto,~u-r~... ~ ... P~ot~,cti~ Occr Stag FKDETIR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net AttO1c~nme~n~. ~ ARTICLE IV: DESIGN STANDARDS 5',ection 41: Specific Requirements 41-1 The following design standards shall be minimum requirements; where other official engineering and public works standards and specifications are more stringent, such higher standards shall be used. ('7) Streets (~~) Access to Adiacent Properties -The arrangement of streets in proposed subdivisions shall make provisions for tl~e continuation of existing streets in adjoining areas or their proper projection where adjoining land is not subdivided and where they may be deemed necessary for public requirements. For large subdivisions adjacent to Dirge tracts of unsubdivided property, street projections shall be required into the adjacent unsubdivided tracts at a maximum distance of every 1000 feet. The street an angement shall be such as not to cause a hardship to owners of adjoining property when developed and when they seek to provide for convenient access thereto. The use of msidential strips of land in order to prevent the extension of proposed or existing streets or access thereto is prohibited. (3/03) (f) Street Connectivity Reauirements (3/03) -The City of Wilmington and New Hanover County hereby determine and recognize that an interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles and enhance nonvehicular travel such as pedestrians and bicycles and to provide continuous and comprehensible traffic routes. {For reference, see Institute for Transportation Engineers, ITE Transportation Planning Council Committee SP-8, Traditional Neighborhood Development Street Design Guidelines (.tune 1997)} All proposed streets shall be continuous and connect to existing or platted streets without offset with tl~e exception of cul-de-sacs as permitted and except as provided below. The street network for any subdivision shall achieve a connectivity ratio of not less than 1.40. (See Example Fill In later) T'he phrase "connectivity ratio" means the number of street links divided by the number of nodes or link ends, including cul-de-sac heads. A "link" means and refers to that portion of a street defined by a node at each end or at one end. Approved stubs to adjacent property shall be considered links. However, alleys shall not be considered links. A, "node" refers to the terminus of a street or the intersection of two (2) or more streets, except that intersections that use a roundabout shall not be counted as a node. For the purposes of this section, an intersection shall be defined as: any curve or bend of a street tt-at fails to meet minimum curve radius in accordance with NCDOT Specifications or a:ny location where street names change (as reviewed and approved by the Technical Review Committee (TRC)). For purposes of this subsection, the street links and nodes within the collector or ; thoroughfare streets providing access to a proposed subdivision shall not be considered in computing the connectivity ratio. ; Residential streets shall be designed so as to minimize the block length of local streets, ~ to provide safe access to residences with minimal need for steep driveways and to maintain connectivity between and through residential neighborhoods for autos and pedestrians. Vi'here necessary to provide access or to permit the reasonable future subdivision of adjacent land, rights-of--way and improvements shall be extended to the boundary of the development. A temporary turnaround may be required where the dead end exceeds 500 feet in length. The platting of partial width rights-of--way shall be prohibited except where the remainder of the necessary right-of--way has already been platted, dedicated or established by other means. New subdivisions may be exempt from the connectivity ratio standard as set forth in this section, provided the appropriate reviewing agency determine there is no option for providing stub streets or connectivity due to existing documented environmental features such as wetlands or natural water bodies or existing adjacent developed property. h~tp.l ! wW W ~,w~o~pps . r~hc.9ov. c-onn I PI..N ~ ocd I s~bdcv~s-on I subd-vord 5. asp 'Sec ti _ ~~ OF W ATF9 ~O~ QG ~ ~ ~ ~ ~ ~ y O ®t.~ ,~ February 6, 2007 Steve Shuttleworth, Member/Manager Cypress Grove Land, LLC 7741 Market Street, Unit H Wilrrlington, NC 28411 ~ttsx~lnw~~n~ 8 Michael F. £aslcy, Governor William G. Ross .Ir., Secretory North Carolina Department of L-nvironment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subjject: Stormwater Permit No. SW8 061005, Tarin Woods High Density Subdivision Project, New Hanover County Dear Mr. Shuttleworth: The Wilmington Regional Office received a Stormwater Management Permit Application for Tarin Woods on October 10, 2006. Additional information was submitted on November 28, 2006, January 10, 23, and 31, 2007 to complete the application. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 061005 dated February 6, for the construction of the project, Tarin Woods. This permit shall be effective from the date of issuance until February 6, 2017, and shall be subjl:ct to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements of this permit. Monitoring wells are required on each infiltration basins with recordkeeping and maintenance. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this hermit. This request must be in the form of a written petition, conforming to Chapter 1508 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Mary Jea/n'Naugle, or me at (910) 796-7215. Sinc~e~"y,. (~ ._r ~ ) ~~ ~~~~ Ed-w~3rd Beck Regit~nal Supervisor Surf~lce Water Protection Section ENBimjn: S: W ^~/ T 06 5 febQ7 cc: ~ ~ ew anover Coun y nspections ` Beth E. Wetherill, New Hanover County Engineering M. J. Naugle Wilmington Regional Office t\~°nc Carolina Central Files ~atura!!y North Carolina Division of Water Quality i 27 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilminl;ton Regional Office lntemet: www.ncwateroualitv.ora Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50°k Recycledll0% Post Consumer Paper Atto~cln~nncxtt. °I NEW HANOVER COUNTY Engineering Department/Water and Sewer District 230 Government Center Drive • Suite 160 Beth E. Wetherill, C.P.E.S.C. Wilmington, North Carolina 28403 Soil Erosion Specialist TELEPHONE (910)-798-7139 Fax (910) 798-7051 February 23, 2007 CY1~ress Grove Land, LLC 7741 Market Street, Unit # 1 Wi]'.mington, North Carolina 28411 Attention: Mr. Steve Shuttleworth RE: Grading Permit #91-06, Tarin Woods Dear Mr. Shuttleworth: This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be acceptable. Please read the Hermit conditions carefully and return the signed original to our oft-ice and keep the coEy for your records. Please be advised that a copy of the approved soil erosion plan and a copy of the issued grading permit must be available at all times at the site. New Hanover County's Soil Erosion and Sedimentation control program is performance oriented requiring protection of the natural resources and adjoining properties. If following the commencement of the project, it is determined that the plan is inadequate to meet the requirements of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, this office may require revisions in the plan and its implementation to insure compliance with the ordinance. Recognizing the desirability of early coordination of sedimentation and erosion control measures, reconstruction meetings are now required. These meetings should be held prior to any land disturbing activity on site and should be attended by the grading contractor and job superintendent. Please contact this office to set the d'.ate of the pre-construction conference at (910) 798-7139. This permit will not preclude any other permits or appr~~vals necessary for beginning or completing this development. It is the owners responsibility to have all the approvals or permits that are required prior to beginning construction. Approval of an erosion control plan is conditioned on the applicants compliance with Federal and State Water Quality laws, regulations and rules. Respectfully yours, ~~~ ~ • W ~ Beth Easley Wetherill NHC Soil Erosion Specialist cc: Sam Burgess, NHC Planning Howard Resnik, PE, Coastal Site Design Jennifer Frye, Corps of Engineers Noelle Lutheran, NCDENR BEW,iaj Atta~~lronnex~t 10-A U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2005-695-065 County: New Hanover U.S.G.S. Quad: Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Cypress Grove Land, LLC Addlress: Attn: Mr. Steve Shuttleworth 7741 Market Street, Unit 1 Wilmington, NC 28411 Tele;phone No.: Property description: ':~~~d~. ~I_~-=~ Size: (acres) 52.63 Nearest Town Wilmington Nearest Waterway UT to Everett Creek River Basin Cape Fear US(iS HUC 03030001 Coordinates N 34.1189 W 77.8916 Location description The tract is located at the end of LT Congleton Road, west of Myrtle Grove Road, south of Sentry Oaks residential development, in an unnamed tributary to Everett Creek, southeast of Wilmington, NC. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a juri;~dictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. Ap~~roved Determination _ Tlreire are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our :published regulations, this determination may be relied upon for a period not to exceed five years from the date of this noti flcation. X There are waters of the U.S. on the above described property subject to the permit requirements of Section 404 of the Clez~n Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ ~Ve strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delureation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ T'he wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Onae verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X 'l,he waters of the U.S. have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 3/22/2007. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAi~1A). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to determine their requirements. 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O ~ R! cfl ~ W i~- ~~:c . `;,, 'i~ aters of the US " r4 ~"'~ ~ y/ " " y , . w~ :c,~,~g~o o~ y ~ wa .- ~ ~ o. ~ %o "~. ~~~~•k~j~~°a~ SURVEYOR CERTIFIGA~ONS rcRnFICATE OF AGGURA Y AhD MAPPIN I, DAVID M. EDWARDS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY CMF SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (PLAT MAP RECORDED IN MAP BOOK 33, PAGE 227, ETC.); THAT THE BOUNDARIES NOT SURVEYED ARE DRAWN AS DASHED AND CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN MAP BOOK 33, PAGE 27; THAT THE RATIO OF PRECISION AS CALCULATED IS 1:18 500; THAT , THIS PLAT WAS PREPARED IN ACCORDANCE WITH G. S. 47-30 AS AMENDED. SS MY ORI I AL SIG TORE, LICENSE MBER AND SEAL THIS DAY OF ~ 9Q '~ N .P A.D., d C~ N r.a t•, O ~tp DAVID M. EDWARDS, PL LICENSE NUMBER L-3901 t3~ ~ ~ ADDITIONAL GERTIFIGATION THAT THE SURVEY IS OF AN EXISTING BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WETLANDS; AVID M. EDWARD PLS LICENSE NUMBER L-3901 r.FRTIFICATE FOR TH S rORp OF FI~GII~FF,~ jt~ THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF TH , ~ ~ ~ E JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT PURSUANT TO THE 1987 n - 4'Y ' MANUAL AS DETERMINED BY THE UNDERSIGNED ON THIS n~ ~ DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR ~ __YY PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD OF FIVE YEARS FROM THIS DATE. ~ . Q _ SIGN RE OF U. AR Y CORPS ENGINEERS OFFICIAL `-" ~OZ" ~~ ~_ DATE OF SIGNATURE V5 '~F; k1 ~ t t~lr^ `s8 ~o~`~s9 Culver `O L72 L73 ; L7 L74 ~~6, $7 228.01 ~ IRF Waters of the US, }ti'y IRF ~ ---7) S ~Ao m$ IPF ~ f L590 L6~? 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CONGLETON, SR. & CAROLYN CONGLETON ' DB 606 PG 255 & DB 4964, PG 733 ~Cu I vert 0 0 100 00 3 400 500 SCALE: 1 "=200' DEVELOPER DATE: DRAWN: PROJECT N . s~cr „Q ~ COLORADO COASTAL DEVELOPMENT o3 20 07 DME o7o1s CKED: 1 t'~ 7741 MARKET ST. - WILMINGTON N.C. 1"=200' DME 1 v LINE TABLE LINE LENGTH BEARING Ll L2 97.39 502'52'27"E L32 30.97 530'38'59"E L3 118.29 517'33'03"W L33 131.39 515'04'30" L4 35.71 S12'19'40"W L34 91.19 S1729'47"E LS 38.45 527' 2' 3"W L47 2.31 S50'17'36'E L6 152.53 1 7'09' 9"W L48 5.65 N83' 4' L7 36.18 500'36'13"W L49 25.46 N69'39' "E LB 65.58 S1021'S0"E L50 122.02 N63'02'S8"E L9 41.43 561 'OS" L51 106.64 N60'48'37"E L10 16.09 S55'13'44'E L52 49.55 N72'OB'02"E 41.11 S6 '0 ' 1" L53 46.54 N7 1'16" Ltl L12 63.87 562'18'3 "E L54 36.02 N78'S1'12"E 46.00 565'11'39"E L57 58.56 N60'19'41" L13 L74 56.72 547'04'34"E L58 64.84 N67'48'38"E L15 4.29 S51'17'S6" L59 14.17 N8531' 7" L16 15.73 4b '4 " L60 17.02 N74 4'41" 38.37 555'45'26"E L61 50.76 7'53'35"E L17 L18 21.62 554 2'02"E L62 37.95 570 2' 2" L19 28.83 1 9'14" L63 55.75 87 1' 3" L20 102.76 547 4'07"E L64 54.16 NBS'49'36" 69.58 44' 7'4 L85 49.79 S ' 4'40' L21 L22 68.11 560'37'33"E L66 48.94 59'29' 8"E L23 21.91 556'04'51" L67 46.88 S48'37'S8"E L24 43.62 557'19' 8" L68 47.52 46'56' 4" L25 57.93 538'14'19" L69 96.91 542'01'44"E 30.45 S 7'06'38' L70 46.19 561 4'07" L26 L27 62.44 527'09'54"E L71 17.64 579'26'11"E 48.46 527'21'40"E L72 55.15 N85'OS'S3" L28 34.27 4 4' S" L73 28.27 N '04'1 L29 44.17 542'07'49" L74 33.41 58225'S9'E L30 33.79 551'49'49" L75 12.90 S77'11'41" L31 90.27 54422'19" h , t �> T 1 •� irT 'aA mea � yr P �4 • ti- 3( 4 ��� 'e� ,� r } [ • •y� +� '�4• ` •�` :din, "4'. j� ; s � 3, q •y� � �� t;� � t, ;`i�� '� +.r.�{��`"4;* � • � . .eek ' 7 a - .= .'r � e". ,�.i ��c ;a _$,": `:,p. 7 7 q�S' � �„� ♦; � q �;{ •, � � a � r,. ,�.: > .v ,�r� wp`t +, 7� �iF '9 qty,-yei�.. 4�.ii b �Y °.r `{a = ar 7} n�,.°"`" 1 . .' 7 ;;`y�` °' t�lr �i � !Lr 6.'•. a .. 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Y #�� ...�s °fit 7+",� �i�j.,.,j}�'y� rt�rf •.� �.,I: �E. � I.3'gg'�,.c a o �dr. �. 1•te17 t 4 T t- S A F`' i'1 -4 ,.,.� r��� ®� i ! ;#.; �7 .r • ••yam. � - let V. e �"sf .� D 1 i + _i^tr".�R` -+ ,�.. e ' i e ii°$'• : ry— _ �y _ , New Hanover County Tax Records Inquiry -Current Tax Statement http://wwwtmpapps.nhcgov.com/Oasinq/Oasstmt.j sp?year=06&&sel=R07900-003-055-000 attach vYteY~t 13 NEW HANOVER COUNTY TAX DEPARTMENT 2~~6 Real Estate Tax Records Inquiry - 2006 Tax Statement Click here for 2007 tax information 2871776 2 0 0 6 T A X S T A T E M E N T 05 18 07 TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE FD R07900-003-055-000 0 394,725 0 394,725 LEGAL (52.63 AC) TR BC CONGLETON LOCATION 1200 LT CONGLETON RD TR BC 1/1/06 OWNER: CONGLETON MARVIN H II ETAL TAX TAX DESCRIPTION RATE ASSESSED BALANCE ------------ ------ NH COUNTY 0.6850 ---------- 2,703.87 ---------- 0.00 NH FIRE DIST 0.0600 236.84 0.00 CYPRESS GROVE LAND LLC 7741 MARKET ST 1 WILMINGTON NC 28411 REMIT TO: NEW HANOVER CO TAX OFFICE P.O. BOX 18000 * TOTAL AMOUNT DUE 05/18/07 0.00 WILMINGTON, NC 28406 t7-wr-otltlilp ~ Real Es~fait~ YMt~~s<, ~ Bug40i'tp Sk~rNx ~, Safrs ~ #~rior 7exea Rrop•try 141~ip ~ Ptr~tiStltla~:l~}ya ~ MAit Menu Questions? 'I 1 of 1 5/18/2007 8:59 AM Att.achnr,erlt ~~ ~~~~ ~out~ern ~nvirontnenta~ ~rou , ~r~c. ~rn-ironmcnta~, ~cvcjopmtnt, and i~onscrvation f-~dvisors ~ ttlr of~gcric~ l~ l+cneby~er~nt c ni..~ ,Soutbem ~ n•~ironrr~ental ~roup, jnc., (J~.~~ ~e ri~t to ro~rc6erit (jioccs~ Grove t.odrvsj ~,~~ +n matters ro~rc~in~ crnironmenta~ consu~tin~ T ~+~ services on rea~ propor7 dwneel by/ (,~ndcr ~ontroct by/ c~.~~) ~.yocesS Grove L0.~nd_y,L~C at LTCr.v,n1~-F-ny, Rc,~ in YW'~r~'V L~ Ml~~v~n~y,o~n _ IJe~ Hairloyec- - cG~ cC.~ ~,ounty/ ou, Norte ~arolina. Land [~wncr//wont 05~og ~o~ ~atC ss ~ ~ Sousl~ Cofi~r~ Rvad,~it~ ~ - W~~.~,~, Nad, ~~k.,a za+~ z g t o.45~.~7 ~ i- j'.,~ y ~ o,t92.2r99 • o~ieo~sesi.us