20120172 Ver 1_More Info Received_20131112

Dennison, Laurie
pw�
From:
Coburn, Chad
Sent:
Tuesday, November 12, 2013 11:07 AM
To:
Dana A. Lutheran; 'Wicker, Christine W SAW'
Cc:
Dennison, Laurie
Subject:
RE: SAW 2007 -1135 Amberleigh Shores
All,
Since the 0.04 acres that was previously preserved as wetlands does not meet the wetland criteria, the DWR does not
have any issues with this modification to the existing 401 WQC. Let me know if anyone has any questions.
Thanks
Chad Coburn
Senior Environmental Specialist
NC Division of Water Resources
Water Quality Regional Operations Section Wilmington Regional Office
Phone: 910 - 796 -7379
email: chad.coburn @ncdenr.gov
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
- - - -- Original Message---- -
From: Dana A. Lutheran [mailto:dlutheran @seei.usl
Sent: Tuesday, November 12, 2013 10:51 AM
To:'Wicker, Christine W SAW'
Cc: Coburn, Chad; Dennison, Laurie
Subject: SAW 2007 -1135 Amberleigh Shores
Christy and Chad,
Please find attached SEGi's request to modify the NWP for this project. If you have any questions, please feel free to call.
Thank you,
Dana
p.s. Christy, I believe all the numbers are correct on these submittals.
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Phone: [phone]
Mobile: [phone]
www.sesi.us
1

5out6em Environmental Group, Inc.
3313 South College Road, rjuite I_ • Wilmington, North Carolina 28412
910.+32.2711 • Fax. [phone] • Ace @se '.us • www.segi.us
12 October 2013
Electronic Mail
Ms. Christy Wicker
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Christine. W. Wickera,usace.army.mil
Mr. Chad Coburn
NC Division of Water Quality — WiRO 401 Unit
127 Cardinal Drive Extension
Wilmington, NC 28405
chad.coburnna,ncdenr.eov
RE: Request for Modification of NWP 29 & GC3821
Amberleigh Shores Multi- Family
USACE AID # SAW- 2007 -01135 / DWQ Project # 12 -0172
Wilmington, North Carolina
Dear Ms. Wicker and Mr. Coburn,
[SEGi Project #: 10- 032.011
Southern Environmental Group, Inc. (SEGi) on behalf of Flournoy Development Company (herein
referred to as "Permittee ") is submitting this request to modify Special Condition #2 of the Nationwide
Permit 29 and General Water Quality Certifications 3821 issued 4 April 2012. The modification is
necessary to facilitate the construction of a bike path, as required as part of the City Wide Market Street
Corridor Project. The bike path is part of the multi - family complex, known as Amberleigh Shores, in
Wilmington, North Carolina.
Condition #2 required the Permittee to record in the New Hanover Register of Deeds restrictive covenants
and associated map, which places the 3.68 acres of wetlands preservation [(0.16 acre of manageable
wetland preservation (MWP) and 3.52 acres of strict wetland preservation (SWP)]. The Permittee has
adhered to this condition. A copy of the recorded documents was sent to you via electronic mail on 1
November 2013.
It wasn't until after the wetland permits had been issued that the Permittee became aware of the City of
Wilmington's requirement to install a bike lane along the east side of Market Street. In order to provide
adequate slope, the limit of disturbance was extended out beyond the DOT right -of -way (ROW), into an
area previously assumed to be wetland. The area was not part of the initial USACE verification, as no
impacts were proposed to take place along Market Street, except for that which was previously permitted.
To ensure that wetland impacts would not take place with the extended slope, the USACE agreed to re-
verify the wetland line along the ROW and determined the area does not meet wetland criteria. However,
the area was placed under strict preservation, which is the premise of this request. The Permittee is
requesting 0.04 acres of previously preserved wetlands be removed from the preservation area, leaving

3.64 acres of preserved wetlands (0.16 MWP + 3.48 SWP = 3.64 Total). A copy of the new preservation
exhibit and language has been attached to this correspondence. Please note, the Department of Housing
and Urban Development (HUD) has required additional language be added to the preservation instrument.
For your convenience, those sections have been highlighted.
It is my sincere hope that the information found within and attached to this correspondence will allow the
agencies to process the approval request and the authorizations will be issued. However, if you find you
need additional information, please do not hesitate to contact me at 910.452.2711 or email me at
dlutherannase,gims.
As always, thank you both for your time and for assistance with this project. We look forward to hearing
from you.
Sincerely,
Dana A. Lutheran
Project Manager
Enclosures: Attachment 1 — Revised Preservation Map and Declaration of Preservation
Cc: Ms. Laurie Dennison — laurie j.dennisonna ncderingov

is
uMN¢r sm¢r
N.00 R/A r)
I [ 4aasn.y 20 AC!
-- ---- -- --- -- - -
-------- -- - ----- ------------- r
r_
MOP -
_ ACt AC
f AM Aa
l%� PA
o
PND P \ ,�
mw-S
0.05 ACt
M� 3
-LL- --- -' --- ------ -
OP -4�
�-
u.xsx oNSVarvc
`�. t
0.10 AC.t 11
RP11
� ^L
\ wTT 1 . -- 1. / \ IIF\ STREAM
ME
..n.Am ..mq..
Vu.xP:r 1woAT RDW
IT
.�..d�... p
caxst �x a P�nascnn
3.64 ACRESt
AMBERLEIGH SHORES
Pavuso a
AMBERLEIGH SHORES, LLC
orr a nuxcmx
»A x.xoMR mArr xmlx cwauNA
Woo v®
C4W SMRWEoRS a ABSOCiATEa w-Lc
MEE
.ro+ xn so
Vwnt es.a sr nna (n.q 7N -lino
o�,..Vycn can
am
MANAGEABLE WETLANDS
MESERVAYM
STDCT IEMNDS
LISP -1 0.03 ACt
PIESFMATW
WETLANDS NOT PLACED
.3 0.03 ACt
MVP -3 0.09 AC.
SWP -I 233 ACt
SOP-2 0.79 ACt
M PIE3RVATM
CPLL 0.43 AC.t
— MWP -4 0.11 ACt
SOP -3 0.00 ACt
IPW 0.11 ACt
MNP -5 M05 AC,*
"UNITY MAP TOTAL 0.15 ACt
(NOT TO scut)
SWP -4 0.10 ACS
TOTAL US A"
STREAM 005 AC*
TOTAL 059 ACt
is
uMN¢r sm¢r
N.00 R/A r)
I [ 4aasn.y 20 AC!
-- ---- -- --- -- - -
-------- -- - ----- ------------- r
r_
MOP -
_ ACt AC
f AM Aa
l%� PA
o
PND P \ ,�
mw-S
0.05 ACt
M� 3
-LL- --- -' --- ------ -
OP -4�
�-
u.xsx oNSVarvc
`�. t
0.10 AC.t 11
RP11
� ^L
\ wTT 1 . -- 1. / \ IIF\ STREAM
ME
..n.Am ..mq..
Vu.xP:r 1woAT RDW
IT
.�..d�... p
caxst �x a P�nascnn
3.64 ACRESt
AMBERLEIGH SHORES
Pavuso a
AMBERLEIGH SHORES, LLC
orr a nuxcmx
»A x.xoMR mArr xmlx cwauNA
Woo v®
C4W SMRWEoRS a ABSOCiATEa w-Lc
MEE
.ro+ xn so
Vwnt es.a sr nna (n.q 7N -lino
o�,..Vycn can
am

Prepared by and return to
Richard A Fishman
Burr & Forman LLP
171 17'" Street NW, Suite 1 100
Atlanta, GA 30363
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
AMENDED DECLARATION OF CONSERVATION COVENANTS, CONDITIONS
AND RESTRICTIONS
This AMENDED DECLARATION OF CONSERVATION COVENANTS,
CONDITIONS, AND RESTRICTIONS ( "Conservation Declaration') is made this day of
November, 2013, by AMBERLEIGH SHORES, LLC, a Delaware limited liability company,
at 900 Brookstone Centre Parkway, Columbus, Georgia 31904 ( "Declarant').
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property being
approximately 3.48 acres more particularly described in Exhibit A attached hereto and by this
reference incorporated herein as shown and identified as "Manageable Wetlands Preservation" and
"Strict Wetlands Preservation" on Exhibit "A" (the "Conservation Property"); and
B. Declarant previously filed a Declaration of Conservation Covenants, Conditions and
Restrictions, recorded in New Hanover County Register of Deeds at Book 5691, Pages 1650 — 1657
( "Original Declaration') setting forth an original 3.68 -acre area of the Conservation Property; and
C. The purpose of this amended Conservation Declaration is to revise the area of the
Conservation Property to the 3.64 -acre area in Exhibit A because the area in the Original Declaration
was too broad and Declarant hereby amends the area in the Conservation Property to remove certain
areas that are not considered to be wetlands; and
D. The purpose of this Conservation Declaration is to maintain wetland and/or riparian
resources and other natural values of the Conservation Property, and prevent the use or development
Error! Unknown document property name.

of the Conservation Property for any purpose or in any manner that would conflict with the
maintenance of the Conservation Property in its natural condition. The preservation of the
Conservation Property in its natural condition is a condition of Department of the Army permit
Action ID SAW- 2007 -01135 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; and
E. The Corps has reviewed and approved the terms of this Amended Conservation
Declaration and has approved the area of the revised Conservation Property identified on Exhibit A
attached hereto.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Conservation 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 Conservation Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Conservation Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair 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 Conservation 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 Conservation Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities within the Conservation Property, 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 Conservation Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Conservation Property, except for those areas of
the Conservation Property classified for Managed Wetland Protection as identified on the Plat and
the Permit and which is necessary to prevent injury to life or damage to property, or maintain the
natural features of the Conservation Property.
Error! Unknown document property name.

F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Property.
G. Signage. No signs shall be permitted on or over the Conservation Property, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation
Property, signs giving directions or proscribing rules and regulations for the use of the Conservation
Property and/or signs identifying the Declarant as owner of the Conservation 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 Conservation
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 Conservation 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 on the Conversation Property. In addition, diverting or causing or permitting the
diversion of surface or underground water into, within or out of the Conservation Property by any
means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use
of pesticide or biocides within the Conservation Property 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 on the Conservation Property is
prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Conservation Property which
is or may become inconsistent with the purposes of this grant, the preservation of the Conservation
Property substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Conservation 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 Property and shall be binding on all parties and all persons claiming under
the Declarant. I
Error! Unknown document property name.

B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Conservation Property at reasonable times for the purpose of
inspecting- the Conservation 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 Conservation Property or harm to the Conservation Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Conservation Property for any purposes whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Propeft Condition. The Declarant represents and acknowledges that
the Conservation 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 Conservation Property in fee simple and has good right to make the herein
Conservation Declaration; that there is legal access to the Property, that the Conservation Property is
free and clear of any and all encumbrances, except any existing utility lines, declarations of record
and public utilities and rights of way.
ARTICLE V. MISCELLANEOUS
A. Conservation Pu_„pr ose. 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 New Hanover 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
Error! Unknown document property name.

represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Conservation 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
Conservation Property or used in connection therewith, and that there is no environmental condition
existing on the Conservation Property that may prohibit or impede use of the Conservation Property
for the purposes set forth in the Recitals.
Error! Unknown document property name.

IN WITNESS WHEREOF, the undersigned has executed this Conservation Declaration
this day of November, 2012.
DECLARANT: AMBERLEIGH SHORES, LLC, a
Delaware limited liability company
By: Flournoy Development Company,
LLC, a Georgia limited liability
company, its sole Member/Manager
By.
Thomas H. Flournoy, its President
STATE OF GEORGIA
COUNTY OF MUSCOGEE
I, , a Notary Public of Muscogee County, State of Georgia, do
hereby certify that Thomas H. Flournoy, personally appeared before me this day and by authority
duly given, acknowledged the due execution of the foregoing instrument as manager on behalf of
I certify that the Signatory personally appeared before me this day, and
(check one of the following and mark through all blank lines or spaces)
I have personal knowledge of the identity of the Signatory; or
I have seen satisfactory evidence of the Signatory's identity, by a current state
or federal identification with the Signatory's photograph in the form of
(check one of the following and mark through all blank lines or spaces)
_ a driver's license; or
in the form of ; or
a credible witness has sworn to the identity of the Signatory.
The Signatory acknowledged to me that he voluntarily signed the foregoing instrument
for the purpose stated and in the capacity indicated.
Witness my hand and official stamp or seal this day of , 2012.
Notary Public
Print Name:
[Note. Notary Public must sign exactly as on notary seal]
My Commission Expires:
-10 [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
Error! Unknown document property name.

Error! Unknown document property name.

EXHIBIT "A"
CONSERVATION PROPERTY
SEE ATTACHED
Error! Unknown document property name.