20070816 Ver 1_More Info Received_20070803

v,M~KIIVI~CREED ENGINEERS
SURVEYOR S
PLANNER S
August 1, 2007 M&C 4445-0001 (40)
Cyndi Karoly p ~ ~ ~ aM~ D
NCDENR NC Division of Water Quality 1l
Raleigh Regional Office A U G 3_ 2 ~ ~
Surface Water Quality Section
Wetland's Unit ~~a-~sAkDSroRR~ RICH
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
RE: Eagle Creek -Clark Branch [030759, 15-25-1-7, C, SW]
Response to Review Comments DWQ07-0816
Dear Ms. Karoly:
This letter is in response to your comments dated May 31, 2007 and our request
for additional time to respond, we now offer the following:
1. Please locate all isolated or non-isolated wetlands, streams and other Waters
of the State as overlays on the site plan, and include topographic contours at
a scale of no smaller than 1"=50'. Additionally, please include accompanying
worksheets for your proposed stormwater management plan. You have the
following two options when pursuing a 401 certification:
a. Conditiona1401 certification: To receive a 401 certification with a
condition that a final stormwater management plan be submitted within
60 calendar days of the 401 certification issuance, the applicant must
submit a preliminary stormwater management plan that shows the types,
sizes and locations of the proposed stormwater BMPs on the site plan. For
2 4 s N o r i n F ~ e n i s t ~ e e t each proposed BMP, the applicant must submit a DWQ worksheet for the
BMP with all items on Part I: Project Information completed.
Wilmington, NC 28401
' N/A. Requesting final 401 Certification per Item b.
910-343.1048
Fax [phone]
www.mckimcreed.com S:\4445\0001\10-Comm\080107 DWQ ResponseLtr.doc

Cyndi Karoly
NCDENR NC Division of Water Quality
August 1, 2007
Page 2
b. Fina1401 certification: In order to receive a fina1401 certification, the
applicant must submit a final stormwater management plan that
shows the types, sizes and locations of the proposed stormwater
BMPs on the site plan. For each proposed BMP, the applicant must
submit a DWQ worksheet for the BMP with all items on Part I: Project
Information and Part II: Required Items Checklist completed. Some
examples of the information that must be included per the Required
Items Checklist are detailed plans of each BMP, a planting plan (if
applicable), details of the inlet and outlet structures, access easements,
and a signed and notarized operation and maintenance agreement.
The final stormwater management plans, sheets 1, 6C f~ 6D, 8 - 30, 36A F~
36B, 37 - 41 are attached along with the stormwater permit. All of the
required plan items are shown within those drawings. In addition, the BMP
checklists are attached for Ponds A - F. The O F~ M agreement is binding
per the attached stormwater permit.
2. Please provide baseline data, including pictures and narrative, clearly
describing the wetlands where you are proposing to discharge.
Baseline data for pond discharge areas C, D, E £~F, dated 07/20/0, are attached and
include photos.
While responding to DWQ, the COE requested we consolidate the NWP 12 & 14
into an NWP 29. This information is also attached. In addition, we are providing
this same package locally to Joanne Steenhuis at DWQ.
Sincerely,
McKIM & CREED, P.A.
Margaret .Gray, RLA
Sr. Project Manager
S: \ 4445\ 0001 \ 10-Comm\ 080] 07 DWQ Response Ltr.doc ~ M~IQM SCREED

Cyndi Karoly
NCDENR NC Division of Water Quality
August 1, 2007
Page 3
/bhc
Enclosures:
7 sets of construction plans (shts. 1, 6C &6D, 8-30,36A &36B, 37-41)
7 sets 401 DWQ wetland worksheets -Ponds A-F (Original +6 copies)
7 sets 401 wetlands baseline data w/photos
7 sets wetand survey (7/20/06)
7 sets NWP 29 application and exhibits EO - E5
7 DWQ wetland buffer deed statement (original + 6 copies)
7 COE Model Declaration of Restriction
7 Erosion Control Permit (Bruns - 2007 - 401)
7 Stormwater Permit (SW8 070527)
Mailing Notation: UPS
cc: Michael Johnson, Landcraft, -letter only
Joanne Steenhuis, DWQ w/ encs. & drawings
Kim Garvey, COE -letter only
MCE File w/encs exc drawings

S:\4445\0001 \ 10-Comm\080107 DWQ Response Ltr.doc V M~IQM~CREED

Date: 1~~q i~~
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the trunswick County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers A51, 83, C54, C55, C56, C106, C107, D46, D52,
D54, D70, D71, and D72 in Brunswick County, North Carolina as shown on plans titled Eagle
Creek. Wetland Grooming Sites Index prepared by McKim & Creed. P.A. dated: Jul 2007.
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature: _ _
Owner's name: _ '•_~~{ IYI~~~1f~G~.C, ~~
Address: Zc~~._.u,Sr~~n fit--,fit--e ~ ~`~'-
City, State, Zip Code: ~d .~~ ~Q~ ,cV-~ _°" ~ ~U
Phone Number. ?~' .~~ ' _~ /`~ ~ ____
r~~~
toe
A~~ ~5
~ 3 z poi D
~ -'"'x'44 ~WA~h; ~Urt ,
~''~Arf~~~H~M

EAGLE CREEK
PROJECT NARRATIVE ~ NATIONWIDE PERMIT 29
Brunswick County, NC
McKim & Creed Project #4445-0001
July 23, 2007
Existing Site
D~~~a~~ p
AUG 8 - 2007
WETLANDS AND STORlN~VATERBR4NCN
LandCraft Properties owns a 156-acre parcel on Old Ocean Highway (Business Hwy
17), between Supply and Bolivia in Brunswick County.
~~ ~ ~ a r~'..~
~5,-

r'
~~ ri ~~.~

_
.{ ~
_ i~
-~ '
^ '
_ ~FY~4 ~. ~ J
,
F
~r ~-
o
~4 Yt1 6~, ~~
'
~~
sbF .~ 'C~ n~u,~
- .- '
-', Prney.,
trot+e
1T
4T

.~ {~`" ~~ - ~ Maft 3
~ra~~?~;~ ~ ~' ~' ` SITE

., . r am' ,~~u~~'-
`c

_
'~~sr _
,

~
~~ ~ ~

`
° ,.~., r"_
4 J
µ
.
,
~
,~•- ~ -' fyl6en AE if
~, ,~ Rd g~

~ --
`~ i P :
", on~a -
.. i~tt119A - - `v ~.
- '\5G ~ASN

w

`~
. ,_,
Crossroad., - .._ ~, "F•
_ _ i
c
r
z,
~.
~ $ayM ._ _ ~
271
_
:

~ ~, ~M
w-~
..
The site is undeveloped woodlands and farmland. Along the western border, between
Eagle Creek and Brunswick Community College runs Clark Branch, a part of the Lumber
River Basin. The Surface Water Classification is C: Swamp.

ECS Carolinas, LLP has delineated 15.83 acres of wetlands on the site. The US Army
Corps of Engineers has reviewed this delineation and will sign off after the Supreme
Court ruling.
Proposed Improvements
Eagle Creek is a proposed 156-acre residential subdivision located off Business 17 in
Bolivia, NC. The project will consist of 385 single-family lots, a clubhouse, and a future
multi-family phase. Brunswick County water supply and wastewater treatment is
available for this project.
Runoff from all built-upon areas will be directed to one of six stormwater ponds for
treatment before discharge into Clark Branch or an unnamed tributary; both of the
Lumber River Basin. stormwater and erosion control permits have been issued.
The site contains 15.83 acres of wetlands. The site plan for the entire project avoids all
wetlands except for those addressed in this application.
Construction of this project will utilize conventional equipment. Wetlands will be
protected during construction with silt fencing.
Three road crossings on Eagle Creek Drive will result in permanent impacts; all other
road locations were designed so that the rear property lines abut the wetlands instead of
increasing the number of crossings. Moreover, in order to further reduce wetland
impact, the NCDOT Subdivision Roads Minimum Construction Standards provides the
minimum local and collector right-of-way widths; 40' for local roads and 50' for collector
roads. (See NCDOT attachment)
Wetland crossing #1 is necessary to meet the local requirement for a second access to
Highway 17. Wetland crossings #2 and #3 will provide access to 81 single-family lots.
Impacts have been minimized by the use of perpendicular road crossings at narrow
points and limiting fill to the minimum necessary to meet the local requirements for
roadways, sidewalks, and right-of-way width. In addition, utilities will be installed within
the roadway right-of-way. Culvert lengths were designed to match existing grade and
meet hydraulic requirements.
The permanent impact due to these road crossings total 0.30 acres.
According to NCDOT, if a bridge is not required for hydraulic purposes, or for the
avoidance of the "Highest Quality Wetland" or "Outstanding Resource Water", then it
should not be accepted onto the state system for maintenance. (See NCDOT
attachment. )
One area of utility crossings, 90 linear feet in length, will result in a permanent impact; all
other utilities will be installed outside of the wetlands. Construction of the utilities will
require open cut installation. Material resulting from trench excavation will be side cast
into surrounding wetlands for a maximum of three months. The top 6" - 12" of the trench
will be backfilled with topsoil from the trench to pre-existing elevations.

The design intent was to install all utilities outside of the wetlands. This crossing is
necessary because the pump station has been located, per topography, to best serve
the community; these lines will provide connection from the pump station to the existing
public sewer and to other portions of the property.
Impacts have been minimized by the use of a perpendicular crossing at a narrow point,
instead of a direct line to Highway 17, which would create an impact roughly four times
the size of the proposed impact. To further minimize the impacts, this crossing will
include a 6" force main, an 8° gravity sewer, and an 8" water main instead of creating a
second impact area
The permanent impacts due to the utility crossings total 0.06 acres. This area will be
restored to the original grade and replanted with one half pound of wetland grass mix
based on ten pounds per acre planting requirement.
Total project wetland impacts are 0.36 acres out of 15.83 acres, a minimal 2.27%.
Avoidance and minimization has been demonstrated. Mitigation will be provided with
onsite preservation of 15.53 acres and payment into the EEP for 0.50 acres of non-
riparian wetland mitigation at a 1:1 ratio.

~~~ ~ti~~
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
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP-29, GC 3631
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^ N/A
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: ^ NO
5. If your project is located in any of North Cazolina'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: ^ N/A
o~~~aa ~
II. Applicant Information ~ .
AUG 3 2007
1. Owner/Applicant Information
Name: Ea le Creek Subdivision LLC n~ wR - WATER DUALITY H
WE1lANOS AND S ~"
Mailing Address: 1712 Eastwood Rd. Ste. 216
W11m1nQ't~n NC 28403
Attention: Michael Johnson
Telephone Number: 910-344-0253 Fax Number: 910-344-0258
E-mail Address: m'ol hnson~a landcx~afluroperties com
2. AgentlConsultant 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: Maz azet Gra
Company Affiliation: McKim & Creed
Mailing Address: 243 North Front Street
Wilmington, NC 2840 i
Telephone Number: 910-343-1048 Fax Number: 910-343-9104
E-mail Address: mgrav(a?,mckimcreed com
Updated 11/18005(4445-000140-permits pcn 12/06) Page 5 of 13

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: Ea le Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 15300004 1530000403,1530000404
4. Location
County: Brunswick Nearest Town: Bolivia
Subdivision name (include phase/lot number): Eagle Creek
Directions to site (include road numbers/names, landmarks, etc.): From Bolivia, take US
Hwv 17 South Property is ~prox 3 miles outside of Bolivia city limits on the ri~lit
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°02'24"N• 78°13'91"W
6. Property size (acres): 156.15 AC
7. Name of nearest receiving body of water: Clark Branch
8. River Basin: Lumber
(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: one single-family_home undeveloped farmland woods
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: The project
is a residential development including 385 single-family lots & clubhouse in Phase. 1 &
multi family in future phase (See Narrative)
11. Explain the purpose of the proposed work: Roadway & utility construction to facilitate
residential develo ment w /clubhouse
1V. 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. NA
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. N/A
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
riprap 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: Utilities will be installed by open cut
and the area will be restored to the origLnal grade and replanted with one half pound of
wetland grass mix based on ten pounds per acre planting requirement. Three road crossings
impacts in the way of fill All crossings will include a culvert for equalization. Utilities will
be placed underground within the fill crossings to eliminate additional impacts
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 7 of 13

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,
crnaratPly lief imnartc [file to }iOth StrllCtuI'e and flOOdlri~.
Wetland
Impact
Site Number
(indicate on
ma )

Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain (yes/no)
Distance to
Nearest Stream
(linear feet)
Area of
Impact (acres)
Ul Utility Crossing Forested No 250 2,726 sf
1 Crossing Forested No 1,400 1,523 sf
2 Crossing Forested No 1,150 4,144 sf
3 Crossing Forested No 425 7,467 sf

Total Wetland Impact (acres) (permanent) 15,860 sf
3. List the total acreage (estimated) of all existing wetlands on the property: 15.83 acres
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, riprap, 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
m„~t he included_ Tci calculate aerea~e. multiply length X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma
Stream Name
Type of Impact
Perennial o~
Intermittent. Average
Stream Width
Before Im act Impact
Length
linear feet
( Area of
Impact
acres
( )
N/A

Total Stream Impact (by length and acreage)
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 eYnavatinn rlrerluinv_ flnndin~_ draina~e_ bulkheads, etc.
Open Water Impact
Site Number

indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

acres)
N/A

Total Open Water Impact (acres)
Updated 11/1/2005(4445-0001\40-permits pen 12/06) Page 8 of 13

6. List the cumulative im act to all Waters of the U.S. resultin from the project:
Stream Im act (acres): 0
Wetland Im act (acres): 15,860 sf
O en Water Im act (acres): 0
Total Im act to Waters of the U.S. (acres): 0
Total Stream Im act (linear feet): 0
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. N/A
8. Pond Creation (6)
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
Current land use in the vicinity of the pond: 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
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The design intent was to install all utilities outside of the wetlands. This crossing is necessary
because the pump station has been located per topog_raphy to best serve the commumty: these
lines will provide connection from the pump station to the existing public sewer and to other
portions of the property
Impacts have been minimized by the use of a perpendicular utility crossing at a narrow point,
instead of a direct line to Hi hway 17 which would create an impact roughly four tunes the size
of the Troposed impact All utilities will be installed to detailed open cut and backfill methods
per the permit conditions.
Wetlands have been~redominately avoided except for three road crossings on Eagle Creek Drive
See exhibits) Crossing #1 is necessary to meet the local reauirement for a second access to
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 9 of 13

Hwy 17 Crossings #2 and #3 will provide access to 81 single-family lots. Wetland impacts have
been minimized by the use of perpendicular crossings at narrow points. During construction,
wetlands will be protected with silt fencingL
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 (see DWQ website for most current
version.).
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. Onsite preservation of 15.53 ac. Wetland
preservation exceeds the preservation ratio requirement and payment will be made into the
EEP at a 1:1 ratio.
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
[phone] 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 http•//www.nceep.net~a~,es/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 10 of 13

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): N/A
Amount ofNon-riparian wetland mitigation requested (acres): 0.50 ac ($7,338.00)
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) 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 [phone] 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
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.
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 ®N/A
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 multi liers.
Zone* s care feet) Multiplier M tiu tion
1 3 (2 for Catawba)
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional
20 feet from the edge of Zone 1.
Updated 11/12005(4445-0001\40-permits pcn 12/06) Page 11 of 13

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. N/A
XI. 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. Wet detention ponds will be utilized to treat
Stormwater runoff from all impervious surfaces as required by NCDENR - DWO. Level
treaders will be used to dissipate ener>;y from pond outlet pipes prior to discharge into the
wetlands. Stormwater and erosion control permits have been issued.
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.
Public sewer
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
XIV. 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: No
wetland fills will be required for the future development of this project in its entirety
XV. 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).
An eagle buffer area has been provided for an off site nest. No site improvements are proposed
within the 750' buffer.
Updated 11/1/2005(4445-0001\40-pemuts pcn 12/06) Page 12 of 13

~:
7-~7~~1
Applicant /Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated t 1/1/2005(4445-0001\40-permits pcn 12/06) Page 13 of 13

D ~~~(~~.
~D
AUG 3 261
~~3AND\SITp/RdAyA ITY ' .,
.~
~/
`~~ ~~ ,~
\ / ~,/J
. ~, -
7~ ~
y I
f
X41 1

',
sir
i
i
1 ~ .--- -- ~r~
- --~ "" PLAN
~- _ -
R/W 50' R/W
Crossing #1 impact area:1523 sf
(riplrap area included)
INV. (OUT)
EL. 24.67
RIP-RAP PLUNGE POOL-
TYPE ENERGY DISSIPATOR
25'
2' VALLEY
GUTTER
~' 3' 16'
/ T ~"/FT
id'Jy~ylHl,V
4' CONCRETE
SIDEWALK -
~4'
HANDRAILS I n
3:1 SLOPE
16
25'
2' VALLEY
GUTTER
4'
"/FT
1'J<1~111
"/F7
82' OF 30" RCP AT 1.57
EXIT CHANNEL BED
(CULVERT OUTLET APPX. 6" BELOW GRADE)
v N~IQM~C][ZEED
243 North Front Street
Wilmington, North Corolina 26401
Phone: [phone] ,Fax: [phone]
AAOOD2667 EB0006691
www.mckimcreed.com
J
a ~
w 62~ OF 30" RCP AT 1.57
~ I
J
Q ~ U
v, ~ ~ ,~ I ~
,, ~. ;, ~
I \ '`
•.,~~ ,,
li _ l
r
1 ~I
/' _ _
~ 1 __- - I
~, ~ ~_~
_ y
I
I
Land Craft
7034 CAYMAN COURT
WILMINGTON, NC 28405
Nationwide Permit 29
Eagle Creek
Brunswick County, NC
Roadway Crossing #1
Plan & Section
DATE: JULY 2007
MCE PROJ. p 4445-0001
DRAWN JLC
DESIGNED JLC
CHECKED MAG
PROJ. MGR. MAC

MK FILE NUMBER
SGALE
HORIZONTAL: Bn~wxc MB~ER
1'=10'
VERTICAL: E 1
NTS
STATUS: REw7oM
Preliminary Design
SECTION
~I''~,~~
i~ ~ /
~ ~ ~ ~

I i
,~-~
i pp
~~
10' 0 10', ' ~'~20'
"~"-- --^-~ -~-- -SALE- t"~ 10' (H on z. )
~o ,
R/w
SEE SHEET E4
FOR SECTION
' LEGEND
I
EXISTING
I CONTOURS - ~ -"`~"' ~~
PROPOSED ~-50~
3:1 SLOPE CONTOURS
WETLANDS D
INV. (IN) IMPACTED
EL. 25.90 WETLANDS
RIGHT-OF-WAY - -
ENTRANCE CHANNEL BED FLOW COURSE -
(CULVERT OUTLET APPX. 6" BELOW GRADE)

,
D ~v~~11 `1111 .' _ ~
~/ U \ I``
`
_,_ _ U/ ~
_
_
•-_
-^'~
~ , .
'
DEN P
A"!ATE _ ~
~
D S C1~ \-.
_. _,^
>
OE
N
\ / ~~
.. ~
~ ~ '`~
.
'
~
"
) ~
`' Y! ~ ` r ,, I
`~
r ..
\
\ ~ V
~~~ W

~
~ -B F OF 36"
\ `
~ ~ ~
~ RIP=~~~ .PLUNGE P~Qf~L ~
Y DtSSIPATOR ~~, : RCP T "8,.~%
TYPE ENERG ~
'
~~~ (SEE DETAIL) -• -_
~i ~ ~ ~
~ ~ ~ ~
_
~ i
,~
.
~
^
~ '
~~
" i ~
~

~- ~ EXTEND PIPE 2' BEYOND
~ ~ ~
~,r
~
- ~
~~w ~
.
~~ _...-RE~'AiRINr2 WALL '\
~
1
~~ ~

.~__
~/ ~ ~/ ~/ ~S/
u
~ ~,° i W V~
---
--~
~. •-_.
- _._

'---
~ ~ ~ ~
~

~/ l

--

-- _ . ~ ~ ' - ~ ..~! ~.
_..._ ,,, r-. - ~ •
__ __ _._ ~ ~i
~~J i ~
, ~ - -u ~ ~~.
_ ~_ -
_

• __ ~,
__ _.....

._._•
~~. ~-- "
--._.
~
~--

)

V~- -
~ / ~- RETAINING WALL W ~
_
/ --
4 ~_ __.

~ _

~
% ~- Y
~ .-. .._.- Q -.
.-. -tT
U ..i ._:

y o
tli ! •~ v w _ • ~..
t J j w
1 I ' c

i ~', ~
i ~ ~'y". i I
v NNI~IIQM~C][ZEED
243 North Front Street
Wilmington, North Corolino 28401
Phone: [phone] ,Fax: [phone]
AAD002667 E80006691
www.mckimcreed.com
Land Craft
7034 CAYMAN COURT
WILMINGTON, NC 28405
i ~ ~- /
~'
-'"
.. % r'y ! '
~_. ~ i
~-
V V ``~ ' ' ~ ' / / I W
X25- --'
~,, V~ ` ~
~,_ ~ , ~.
_ r ' ~.
~' ~ ~/ J/ r
_I ~; ~ ~ ' , ; ~ / ,
~ ~ ~ ~ ~ /'
% ' ~, /
,. ,
/~ ~ rl ~~~,, ~
Crossing #2 impact area: 4144 sf
(riplrap area included)
,~ ~ :~ ;~i ~; ~- .~ r~r
' ,. J /~'~ ',/ ~ J
~~~ % v i SEE SHEET E4
:'' ~.
' .% ~l.~o FOR SECTION
i ,%'
,~ J
i , / ~;i
~.- ,~ '~.
.....1. _ ' --- _.~- , ~ % ~ ~, LEGEND
RE~NIPdG'VJALL ~"c. l
-~ EXISTING
-'' -' ~ ~~ ~ CONTOURS
/'• - ~- `'
- ~ ~ JI PROPOSED
..~' ~-'" ~ CONTOURS
_ _ ,,
'' ~ WETLANDS
~-- I.~- ''~ r, ,
IMPACTED
i'' WETLANDS
20' 0 20' 40~ RIGHT-OF-WAY
FLOW COURSE
SCALE: 1"=20' (H riz.)
I J
Nationwide Permit 29
Eagle Creek
Brunswick County, NC
Eagle Creek Drive
Roadway Crossing #2
Plon
~ti5Q-~
~'
DATE: JULY 2007
MCE PROJ. ~ 4445-ODDi
DRAWN JLC
DESIGNED JLC
CHECKED MAG
PROJ. MCR. MAG

xac ri~c xuuazR
SCALE
HORIZDNTAL• gLtN1NC xuxecx
1"=20'
VERTICAL: EZ
NA
STATUS: RENSiON
Preliminary Design

~~
\\"
~',
~i
i~ I
% 1
;%
`1
~.
,;
~.
~,
,~
;~, . - -
.%
i
it
I 1
i
~ ~~~
~I Q~
~~~ ~
~ ~ P ,~
`~
-~ ~ ~• ,
~,
/ ~I
a~ ~ ~'/"I
,/ ~
,= ~ r
~~~ ~
,~
,, / .
" ~"~~-~ '
_~
~ ~,~
- - ' ~' ~-
N
N ~~ ~~ `~
~ ~~~~. -,
_ _ -~- ~ v ~,~ l 1
J~
l
,~
i~
,~
1
11
1
~ 1
Crossing #3 impact area: 7467 sf
(rip/rap area included)
~ \~ ~ ~ ~ ~ ~ _- ~' _.. 6~ LF OF30"--~~ _ ~~~- i~ ~ 1 .1~
`t' N' ~' R~TAINING`hIVALL ~ ~~~ - ~ - ~`~ ~
\(APPX. 210 FT, --- - ~ 1 ~~
~ ~ W J~ ~ ~ ~V ~..~.r. y, ~ ~
i" - _ '~~ ~ ~ ~'~
RIP-R P L ~ ~ ~1
TYPE EN~GY DISSIPATOR ~_ ~ `. ~- ~ ~ ~ SEE SHEET E4
~V ~~~ y ` ~ ~ ~ ~ (S~ DETAUy)~ ~- ~ ~ ~~~ `I ~ ~ ~ ~ ~ ~ ~
~~ t~ ~~' ~~''~ ~ ` FOR SECTION
i _ ~ ,
1 ~
,i ~ ~~~ ~ i ~,. ~ ~ 1
~r ~ ;. ,- ,- ~ - -` . ~ ~1~~ ', ~ ~~~ ~~~~;. ~.~ y .~~ ~ '~ I LEGEND
... ~ ~ ~ - __ ,,~ IPE 2' BEYOND ~ ~~}x~1 Y i ':~~y.~ ~ ~ ~ v~ 1~ ~. EXISTING _
CONTOURS %'''~
~~ _.__ ___ ~ ~ /, ~ / ~ ~ ~ ~ ~ ~~', ~,<:~~~'' ~ ~ ! ~ ~ ~ PROPOSED ~50-~
~ r-- ~ ~~ ~ CONTOURS
~ ~' / ,
i ~~ ~ ~.y~ ~~~ ~ ~ ~ ~ ~
`~, i~
'`~~ ~ A WETLANDS
,i ~ _ _ ~~ ~- ~ ~ ~ v~ ~
I ~ .~
I ~ ~ ~ ~~~~~ ~/ ~ ~ _ -- IMPACTED ~
f ~ / i „\ \ ~ ~, y ~ ~ ~ - WETLANDS _
~ ~ ~~~ ~ RIGHT-OF-WAY - -
1 I / j -.
' ~ ~ , - CAL 1~~=30~~~(~Z.) ~ FLOW COURSE -
~.,
I ~ - - ~ - i ~~•-
243 North Front Street
~Imington, North Carolina 26401
Phone: [phone] ,Fax: [phone]
AA0002667 E80006691
www.mckimcreed.com
Land Craft
7034 CAYMAN COURT
WILMINGTON, NC 28405
Nationwide Permit 29
Eagle Creek
Brunswick County, NC
Eagle Creek Drive
Roadway Crossing #3
Plan
DATE: JULY 2007
MCE PROJ. K 4445-0001
DRAWN JLC
DESIGNED JLC
CHECKED MAG
PROJ. MGR. MAC

Nk~ fllE NUIIAEA
SCALE
HORIZDNTAL• RR~x+RC wuueEA
1"=30'
VERTICAL: E3
NA
sTAT~s: preliminary Design REVIyoR

R/W 50' RAW R/W
20'
Crossing #2 impact area: 850 sf a' coNCRETE
SIDEWALK -
4'
HANDRAIL
3:1 SLOPE
! pl
RETAINING WALL
1NV. (OUT)
EL. 20.59 ,
RIP-RAP PLUNGE POOL-
TYPE ENERGY DISSIPATOR
(SEE DETAIL)
EXIT CHANNEL BED
(CULVERT OUTLET APPX. 6" BELOW GRADE)
Crossing #3 impact area: 6484 sf
4'
HANDRAIL
RETAINING WALL
INV. (OUT)
RIP-RAP PLUNGE POOL EL. 15.69
TYPE ENERGY DISSIPATO~
(SEE DETAIL)
EXIT CHANNEL BOTTOM
(CULVERT OUTLET APPX. 6" BELOW GRADE)
v M~IQM~CREED
243 North Front Street
Wilmington, North Corolino ZB401
Phone: [phone] ,Fax: [phone]
AA0002667 EB0006691
www.mckimcreed.com
64 LF OF 30" RCP AT 1.57
ROAD CROSSING #3
25' _~ 25'
4' CONCRETE
SIDEWALK -
Land Craft
7034 CAYMAN COURT
WILMINGTON, NC 28405
-INV. (IN)
EL. 20.76
ENTRANCE CHANNEL BED
(CULVERT OUTLET APPX. 6" BELOW GRADE)
LEGEND
EXISTING

CONTOURS _
~-
PROPOSED ~50-~
CONTOURS
WETLANDS O
IMPACTED
WETLANDS ._ J
-INV. (IN) RIGHT-OF-WAY - -
EL. 16.65
T- FLOW COURSE -
ENTRANCE CHANNEL BOTTOM
(CULVERT OUTLET APPX. 6" BELOW GRADE)
Nationwide Permit 29
Eagle Creek
Brunswick County, NC
Eagle Creek Drive
Roadway Crossing #2 & #3
Sections
DATE: JULY 2DD7
MCE PROJ. ~ 4445-OODi
DRAWN JLC
DESIGNED JLC
CHECKED MAC
PROJ. MGR. MAC

xkC FILC NUMBER
SCALE
HORIZONTAL pRnwxc xuu~x
i'=10'
VERTICAL: E4
NA
STATUS: preliminary Design RExsR~
2' VALLEY
GUTTER
4' 3' 16
i"/ T
'1' yl ~! ~ ~„ AFT
L
85 LF OF 36" RCP AT 0.27
2~ VALLEY
GUTTER
16' 4' ~
a"/FT ~"/FT
- I+bIVr1+41 I
ROAD CROSSING #2
12'
3:1 SLOPE
R/w 50' R/W R/w
25' ~ 25'
2' VALLEY 2' VALLEY
GUTTER GUTTER
4' 3' 16' 16' 4'
I
! 1' ~ / !~! d' a"AFT ~„/FT tV,1~ +t~ 1
3:1 SLOPE
R/W

~ ,, ~ ,
_• - ~•~ I I
~•• ~ `I' `'' `I' `I' `I' `I' / U1 impact area: 2,726sf
W W W W , W W ; j~
~ `'~ 3 ! I ~ ~ O~en trench \~t/ilities in we~tlarla reams ~
~ ~•~ ~... ~ I I per NWP 29 Permit. ~ /
~•~..
•~- ~ .. ~ , ~ ~ .~ •~ ~ .~ .~ ~ ;' 30' Utility Easement ''
~- - -Ptir~- S.taticn ~ r -~- ~ - -
~ ~, ~ ~ ~- -
w w °w w w w w `w ~ w w w w w
O ~. ~.y ~. y ,, ;;~ 8"Gravity Sewer ;,, i
~ ~ ~ Iv
~~' 6" Forcemain
ti i
~~ ~~
o~ ~ ~ ~ ~ ~ ~ ~ ~,
~ ~ ',
,,
o ~ ~
~~.v~P ~ ~ ~~rli~
~~ \ SCALE: 1 =2(7=-E~Hnru.)_._ __
Notes to Contractor
1. This utility crossing shall be constructed to avoid and minimize adverse
effects to wetlands to the maximum extent practicable.
2. Material resulting from trench excavation may be temorarily sidecast in LEGEND
surrounding wetlands for a maximum of three months.
EXISTING
3. The top 6" -12" of the trench should be backfilled with topsoil from the CONTOURS - ~ ~- ~• - •
trench. PROPOSED ~~0--~
CONTOURS
4. Cleared wetland areas shall be re-vegetated with YZ Ib of wetland seed WETLANDS
mix (based on 10 Ib per acre.
5. Construction shall not resu~ in any permanent changes in IMPACTED
pre-construction elevation contours in wetlands. Excess material will be wETLANDs
removed to a high ground disposal area.
RIGHT-OF-WAY - -
DATE: JULY 2007
MCE PROJ. ~ 4445-0001
DRAYrtJ JLC
DESIGNED JLC
CHECKED MAG
PROJ. MGR. MAC

"ac ne xuue[rt
SCALE
HORIZONTAL• orenrnwc u~ue["
t'=20'
VERTICAL• E5
NA
v M~IQM~CREED
243 North Front Street
Wilmington, North CorolinD 28401
Phone: [phone] ,Fox: [phone]
AAOOD2667 EB0006691
www.mckimcreed.com
Land Craft
7034 CAYMAN COURT
WILMINGTON, NC 28405
Nationwide Permit 29
Eogle Creek
Brunswick County, NC
Utility Crossing #U1
Plan & Notes
sTArus: preliminory Design ~"A°"

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

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 ofnon-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. Ve eta a, tion. 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. Si~nage. 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
2

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.
3

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. T'he 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. NIISCELLANEOUS
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)
4