20051501 Ver 1_More Info Received_20061019

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Land Planning Permitting Environmental Consulting Construction :Management ExNert'I'estimony
October 17, 2006
Mr. Brad Shaver
US Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890 Telephone: [phone]
Wilmington, NC 28402-1890 Facsimile: 910-251-4025
Re: Manor at Mill Creek: DWQ Project #OS-1501, USACE Action Id 200500570,
Pender County, NC
SEI Project #200412041
Mr. Shaver:
Spangler Environmental, Inc. (SEI) is providing a clean complete copy of the NWP 39 permit
application for our client, Eric Litvak of Castle Ventures, LLC. Since the project does not
require a 401 Water Quality Certification, this application will be provided as a courtesy copy to
DWQ.
In preparing this response, SEI personnel had a meeting with you and with Ms. Joanne Steenhuis
of the NC Division of Water Quality (NC-DWQ) to advise you that the project was still ongoing.
Therefore, we have provided information for clarification of some of the issues concerning the
project in the form of a clean edited PCN and exhibits.
Please feel free to contact me at [phone] should you have any question regarding this
matter.
Sincerely,
Spangler Environmental, Inc.

Aaron Cooper
Environmental Scientist
Attachments
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cc: Cyndi Karoly, NC-DWQ
Noelle Lutheran, NC-DWQ
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396t-F I~~tarkct Strret W'il~nrint;toi~, N.L.. 28403 tcl 910-3-~,3-t)375 fax 910-~-1:i-8351 1-8h~~-SPANGLEP ~~~wwspanglerenviroiunental.cony

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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(1i any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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), ch ~ a~/J~ D
II. Applicant Information ~~//
0 C Y ~ 9 2006
Owner/Applicant Information nENR • WATER CiUALITY
Name: Castle Ventures, LLC c/o Eric A. Litvak ~~~~~` ~~
Mailing Address: 9 Mirada Road
Colorado Springs, CO 80906
Telephone Number: 719-667-0466 Fax Number: 719-634-1880
E-mail Address: caplna,adelphia.net
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: Jim Spangler and Aaron Cooper
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: 224 Fayetteville St. Mall, Suite 400
Raleigh, NC 27601
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: acoopern,span~lerenvironmental.com
Page 1 of 9

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
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Manor at Mill Creek (formerly Springview Estates)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 3292-04-9168-0000
4. Location
County: Pender Nearest Town: Hampstead
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Hig_hway 17 N from Wilmington,
turn right on Headwaters Drive before entering Hampstead ~o approximately 1 mile, turn
left on Overlook Drive and g_o to the dead end property is on the left.
5. Site coordinates, if available (UTM or Lat/Long): N34.3588 W77.7050
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 48 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Mill 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: The site is currently undeveloped woodland. The
surrounding are is low-density development in the form of single-family residences on lots
varying_is size from 0 5 acres to 1+ acres
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: The
project will entail subdividing the property to allow for single-family residential, low-density
development. Roadway and utility infrastructure will be installed, which will include
mechanized land clearing and rg adin~, installation of erosion control device as needed, and
asphalt~aving There will also be lot pre,~aration which will include septic tank absorption
field permitting and filling of wetlands to provide access to a few of the lots. All wetland
impact activities will be performed using mechanical equipment.
11. Explain the purpose of the proposed work: The purpose of the work is to create a
subdivision equipped with the necessary utilities to allow for construction of single-family
residences The proposed wetland impacts are necessary to provide continual roadway
access thro u~~h the site from Overlook Drive, to provide the necessary access to lots where
such access is impeded by the location of the wetlands, and to allow for the installation of
needed utility infrastructure. Other wetland impacts address the secondary and cumulative
impacts resulting from a portion of a wetland becoming isolated due to an impact.
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.
USACE Action ID 200500570
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.
No future hermits are anticipated for impacts to 404/401 jurisdictional waters.
Page 7 of 13

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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on a.n accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Please see attached narrative
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Impact Area 1 Fill 0.03 No 830 if Branch bottom
Impact Area 2 FilUculvert 0.07 No 543 If Branch bottom
Impact Area 3 Fill/culvert 0.02 No 744 if Branch bottom
Impact Area 4 Fill/culvert 0.06 No 657 if Branch bottom
Impact Area 5 Fill/culvert 0.01 No 175 if Branch bottom
Impact Area 6 Fill 0.05 No 287 If Branch bottom
* List each impact separately ana iaennry temporary nnpac~s. i,upac~s ~~,~~~~~, UUL 0.16 ,IVL 111111LL,LI w. u1L.L.uuauLa.u ~.IL.u.,.Ib+ b"*""'b+ ~"'+
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fcma.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 24 acres
Total area of wetland impact proposed: 0.23 acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(leases eci )
N/A

Page 8 of 13

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap.
dams (separately list impacts due to both structure and flooding), relocation (include linear feet betore and aver, ana net iossigain~,
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.manuuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact

Site Number
(indicate on ma)

Type of lmpact* Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba ,ocean, etc.)
N/A

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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
Page 9 of 13

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Please see attached narrative.
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 March 9, 2000, 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 NCWRP 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/strm~ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The Ecosystem Enhancement Program has agreed to provide in-lieu mitigation coverage for
the proposed wetland i>~acts Correspondence identif~g this has been included.
Non-impacted wetlands on the property will be subject to restrictive covenants; an example
of the lan ua~e for such restrictive covenants based on USACE models, has been included.
Page 10 of 13

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.23 acres
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No ~
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 [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ~ If you answered "yes", provide the following information:
Page 1 I of 13

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 ation
1 3
2 I.5
Total
* Zone 1 extends out 3U Teet perpend,ewar trom near Hank or cnanne,; c,uuc ~ cx,c„us a„
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Please see attached narrative
XII. 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.
Permits for conventional septic tank absorption field installation will be obtained from the
Pender County Health Department --
XIII. 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 0
Page 12 of 13

XIV. 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).
N/A
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

Section VI. Proposed Impacts to Waters of the United States/Waters of the State
1. Provide a written description of the proposed impacts:
Impact Area 1 - A proposed driveway that will provide access to the majority interior of that lot (Lot
9) for house construction and/or septic system installation.
Impact Area 2 - A proposed roadway crossing with culvert to prevent upstream isolation, area for
subsurface utility infrastructure and drainage easement sloping.
Impact Area 3 - A proposed driveway crossing with culvert to prevent upstream isolation, which
will provide interior access for the entire lot (Lot 10).
Impact Area 4 - A proposed roadway crossing with culvert to prevent upstream isolation.
Impact Area 5 - A proposed driveway crossing with culvert to prevent upstream isolation, which
will provide interior access for the entire lot (Lot 19).
Impact Area 6 - A proposed cul-de-sac, and driveway access with culvert to gain access to develop
these lots (Lots 25 and 26).
Section VII. Impact Justification (Avoidance and minimization)
The first site plan included two additional wetland impacts due to roadway crossings. This would have
resulted in more direct impacts and more cumulative impacts due to areas upstream of the crossing
becoming hydrologically isolated.
The second site plan included one additional wetland impact associated with a berm for a drainage
easement in Lot 23. This impact has been removed.
The proposed driveway crossing at Impact 1 is necessary to provide access to the eastern portion of Lot
9. The impact is unavoidable because the wetland feature extends the entire width of the lot. Without
this impact, the lot would not have sufficient upland area to meet Pender County's subdivision
requirements and the lot would not have enough land on which to construct a house and septic system.
The impact was minimized by locating it at the most upstream location on the wetland finger as
possible, alleviating the concern of cumulative impacts.
The proposed roadway crossing culvert at Impact 2 is necessary to provide access to the northern portion
of the property. The impact is unavoidable due to the location, shape and orientation of that wetland
feature. The culvert will prevent isolation of upstream wetlands. Please note that curb and gutters will
not be used for this project and thus only one culvert will be used to prevent isolation of upstream
69
~.~~~~~.
EP~I'4t1RQNMENTAL, TNC.

wetlands which will drain along the roadside ditch/swale and into the culvert. The impact is proposed
perpendicularly to, and at the confluence of, the three wetland fingers to minimize impacts. The
impacted area along the west side of the road will also be used for subsurface utility installation, and a
berm for the drainage easement, which are necessary for proper subdividing and development. For each
drainage easement, berms only extend l00 linear feet from the roadway. The remaining portion of the
easements that are within jurisdictional wetlands shall be undisturbed.
The proposed driveway culvert at Impact 3 is necessary to provide access to the interior of lot 10. The
culvert will prevent hydrologic isolation of the waters that extend through this lot. The impact is
unavoidable because the wetland feature extends the entire width of the lot. Without this impact, the lot
would not have sufficient upland area to meet Pender County's subdivision requirements and the lot
would not have enough land on which to construct a house and septic system. Please note that the
driveway could not be placed between the wetland fingers due to the presence of the culvert from impact
2.
The proposed roadway crossing culvert at Impact 4 is necessary to provide access to the northern portion
of the property. The impact is unavoidable due to the location, shape and orientation of that wetland
feature. The culvert will prevent isolation of upstream wetlands. The impacted area along the west side
of the road will be used for subsurface utility installation, as needed for proper subdividing and
development.
The proposed driveway culvert at Impact 5 is necessary to provide access to the interior of Lot 19. The
impact is unavoidable because the wetland feature extends the entire width of the lot. Without this
impact, no access to the lot would be available.
The proposed driveway culvert at Impact 6 is necessary to provide access to the interior of Lots 25 and
26. The impact is unavoidable because the wetland feature extends the entire width of the lots. The
culvert will prevent isolation of upstream wetlands.
Additionally, some issues were raised with respect to the buildability of Lot 35 and access to the pool
area across a wetland. Please refer to the schematics of Lot 35 and the proposed footbridge from the
parking lot to the pool area.
It should be noted that no impacts are proposed to perennial headwaters of Mill Creek, which comprise
approximately 40-50% of the area within the property boundary.
Section XI. Stormwater (required by DWQ): Describe impervious acreage (both 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.
69
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~hl~(1RQMMENTAt, 1NC.

There is currently no impervious surface on the property. There is a proposed 1.44 acres of impervious
road surface proposed, and an additional 10.6 acres of impervious surface for individual lot
improvements. Stormwater controls on the site include grass-line swales. Development density was
kept below 25% impervious, thus no further stormwater controls are required.
69
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ENVI~oNIVIENTAL., #NG.

ATTACHMENT A
LANGUAGE FOR WETLANDS PRESERVATION TO BE INCLUDED iN
RECORDED COVENANTS AND RESTRICTIONS DOCUMENT
Submitted in support of
Section 404 Permit for The Manor at Mill Creek (formerly Springview Estates)
DWQ Project #051501
I. Covenants and Restrictions Document Language:
The following language will be added to the recorded Covenants and
Restrictions Document:
"The areas shown on the recorded plat (identify the plat by title, date and recording date)
as conservation areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall perform any of the following activities on such
conservation area:
a. fill, grade, excavate or perform and other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, building, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition
of the Clean Water Act authorization issued by the United States of America, U.S. Army
Cops of Engineers, Wilmington District, Action ID # ,and therefore maybe
enforced by the United States of America. This covenant is to run with the land, and
shall be binding on the Owner, and all parties claiming under it."
II Permit Condition Language:
The following language will be accepted as conditions of the Permit:
A. "In the event that the recorded Covenants and Restrictions Document has a
provision that all, or some portion of the property owners can amend or modify said
document, then that provision shall include the following language in order to place the
property owners on notice and ensure that language mandated by the U.S. Army Corp of
Engineers, Wilmington District, as set forth in paragraph of this Attachment A, cannot be
modified, amended, or deleted without the express written consent of the U.S. Army
Corp of Engineer, Wilmington District.

`Notwithstanding anything contained within these Covenants
and Restrictions to the contrary, neither the property owners
in any percentage, nor any property owners association, may
modify, amend or delete, in any manner, Paragraph (to
be identified by its specific paragraph number) of these Covenants and
Restrictions regarding the prohibition of certain activities
in conservation areas, without the express written consent of
the U.S. Army Corp of Engineer, Wilmington District."'
B. "Perrriittee shall execute and cause to be recorded in the Pender County
Register of Deeds a Covenants and Restriction Document acceptable to the U,S. Army
Corp of Engineers for the purpose of maintaining the conservation areas, as show on the
recorded plat (identify plat by title, date, and recoding data) in their natural state
in perpetuity, prior to the sale conveyance of any lots or other property within the
subdivision. For so long as the permittee retains title to the property, the permittee shall
enforce the terms of the Covenants and Restrictions Document as same pertains to
maintaining the conservation areas and, prior to the conveyance of the property, shall
take no action on the property inconsistent with the terms thereof. The permittee shall
provide a copy of the recorded Covenants and Restrictions Document to the U.S. Army
Corp of Engineers, Wilmington District, within 15 days of recording."
Accepted and agreed to this L ~ day of August 2006.
~~
Eric A. Litvak
STATE OF COLORADO )
- ) SS
COUNTY OF EL PASO )
I, a Notary Public of the State and County aforesaid, hereby certify that Eric A. Litvak,
permittee, personally appeared before me this day and acknowledged the execution of the
:~:.,,
foregoing instrument. Witness my hand and official stamp or seal this; , -~ day of
August, 2006• ; ----~
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`-^~~ ,Notary Public `~y.~.~^"~,~`~ ~j~,y~~~~
,~. ~~~ ~ ~ '~07~,~y~
~- ~ ;~
My Commission expires ~ (' ~ ;~ ~ i ~ ~
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• l7`3-YJ3- 10U 110. 1J L'11Vt1 ULiru LLf
0 St~111 -
PROGRA-w
April 3, 2006
Stove Colben
Spangler Environmental, Inc.
POBox387
Raleigh, NC 27602-03&7
Project Springview Estates (RENEWAL) County: Pender
~~ ~pR ~ ~ zao~
The propose of this letter is to notify you that the North Carolina 8cosystem Enhancement Program (NC EEP) 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 NC B$P will be approved.
This acceptance is valid for six months from the date of this letter, Tf we have not received a copy o[ the issued 404
Perodt/401 CertrBicatioa within this time frame, thin acceptance wlll eytpire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits w NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be trade.
Based an the information supplied by you the impacts that may require compensatory ntigation are summarized in the
following table.
River Basin 'DVetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Peet) Zone ] Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Ri Arian Non-Ri Arian Coastal Marsh Cold Cool Warm '
White Oak •935' 0 0 0 0 0 0 0
03030001 ~~~' ~`
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratip, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation wip be as specified in the Section 404 Permit and/or 401 'VVatcr Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the lviemorandum 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 David Rob-nson at [phone].
Sincerely,
ltiam D. Crilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
l..iltette Grenade, USAC);-Wilmington
Noetle Lutheran, DWQ Regional Office-Wilmington
Doug Huggctt, Division of Coastal Management
File F~~
1~'PiS~DYLi~l~... E ~ .. PYD~ OGGi' ,~l`A~i
North Carolina Ecosystem Enhancement Program, 1852 Mail Service Center, Raleigh, NC 27699•i 652 / 919-715-0476 / www.nceep.net

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