20201374 Ver 1_More Info Received_20210507

Strickland, Bev
From: [e-mail]
Sent: Friday, May 7, 2021 11:11 AM
To: 'Shaver, Brad E CIV USARMY CESAW (USA)'
Cc: 'Jason Wade'; Mickey Sugg; Snider, Holley; Wojoski, Paul A
Subject: [External] RE: Request for additional Information, 704&706 2nd street
Attachments: Adj Prop List.xlsx; Jason Wade IP Draft Conservation Declaration.pdf
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Morning, Brad.
Thank you, for sending the RFAI. In response, I have attached an Excel worksheet that contains the adjacent
property owner info.
With regard to the mitigation proposal, I can see why you needed a better summary (see below).
The USACE Wilmington District has determined that all impacts to wetlands, taking place within Carolina Beach,
are to be mitigated at a 4:1 mitigation to impact ratio. Therefore, mitigation to offset the proposed permanent
impact of 0.36-acre, of freshwater marsh, requires the Applicant provide 1.44 acres of riparian, compensatory
mitigation.
With that in mind, the Applicant proposes to purchase and place into preservation 1.08 acres of land, specifically
residential lots that are either adjacent to or within the immediate vicinity of the project and within the same
freshwater marsh system. The land purchase and preservation will make up the first 3 units of the required
mitigation. The Applicant will, prior to impacting wetlands, record a Conservation Declaration (see attached),
which will prohibit development of the property, in perpetuity. To satisfy the remaining 1 unit of mitigation, the
Applicant proposes to make payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB), for 0.36-acre
of riparian wetland restoration credit.
In the event that the Applicant is unable to purchase enough property, to offset the first 3 units of mitigation, the
Applicant offers, as a contingency plan, to purchase 1.08 acres of riparian wetland restoration credits, from the
LCFUMB.
Please let me know if you need anything further. If I don't hear from you, I hope you have a good weekend.
Dana
Dana A. Lutheran
Southern Environmental Group, Inc.
55 i 5 South College }load, Suite E
Wilmington, NC 2841 2
Office: 910.452.271 1
Mobile: [phone] I (preferred)
www.5egi.u5
1

From: Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, May 6, 2021 4:37 PM
To: [e-mail]
Cc: 'Jason Wade' <[e-mail]>; Sugg, Mickey T CIV USARMY CESAW (USA)
<[e-mail]>
Subject: Request for additional Information, 704&706 2nd street
See attached.
Brad Shaver

Map ID Name Address City State Zip
1 & 2 Courie, Eli III Etal 3109 Braemar Ln. Wilmington NC 28409
3 Glazier, Woodrow R 2025 Oakley Rd. Castle Hayne NC 28429
4 Wade, Jason Applicant
5 Town of Carolina Beach 1121 N Lake Park Blvd. Carolina Beach NC 28428
6 Melissa's Laundry LLC PO Box 1429 Carolina Beach NC 28428
7 Tew Roberty Mack JR Karen Watkins ETAL 107 Clayfield Dr. Garner NC 27529

MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of ,
200_, by [NAME AND ADDRESS OF DECLARANT] "Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
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or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Signag_e. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
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or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
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ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form]