20061327 Ver 1_More Info Received_20070122

~v M~HIM&cIZEED
TO Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
ATTENTION: Cyndl KdTOIy
WE ARE SENDING: ^ Originals ®Prints
^ Specifications ^ Calculations
LETTER OF TRANSMITTAL
DATE: January 19, 2007
PROJECT NO: 4289-0006 TASK NO: 4O
RE: Watermark Landing
NWP 14 Permit Resubmit
DWQ: 061327
TRANSMITTAL NO: PAGE 1 OF 1
^ Shop Drawings ^ Samples
^ Other -
Quantity Drawing No. Rev. Description Status
5 McKim & Creed, PA response letter dated January 11, 2007 G
5 USACE comment email dated November 22, 2006 C
5 Narrative, Revised date January 10, 2007 G
Added: Model Declaration Restrictions G
Added: EEP In-Lieu Request from and transmittal confirmation C
5 NCEEP Accceptance Letter C

Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected -See Remarks
REMARKS: McKim & Creed, PA will simultaneously copy DWQ (Raleigh) with the appropriate permit
package information. Thank you and please call if you have any questions.
243 NORTH FRONT STREET, WILMINGTON, NC 28401 (970) 343-]048 FAX (9]0) 251-8282
~~ File w
Noelle Lutheran w/ 2 copies ~ ~ ~ u V l5 n McKIM & CREED, PA
~J
JAN 2 2 2Q07 ;~,~~,,,~,,- ~( ~~~~
Signed
~~.y;:-~~~VR WQQ~T~k ~uA1.~7Y Ramon E. Marconi for Richard M. Collier, P.E.
S \ 4289 \ 0006 \ ] 0-Comm \ O] 1707 N WP 14 NCDENR Resum$ii "Il SrtsR~dF~R M

~ ~ ~~
ENGINEER S
SURVEYORS
PLANNERS
January 11, 2007
o~ - i3a~
M&C 4005-0003
Jennifer Frye
PO Box 1890
Wilmington, NC 28402-1890
RE: Watermark Landing Subdivision
Action ID No. SAW-2001-1253-065
Dear Ms. Frye:
Thank you for your comment email dated November 22, 2006 regarding the
above referenced project. Your comments are attached for convenience. McKim
- ~ "- " " &"Creed PA responded-to the-concerns m the narrahve~ Revisions and
additional information to the narrative can be located on page 2 in the last
paragraph and on page 3 in third paragraph.
The owner proposes payment into the NC Ecosystem Enhancement Program at a
2:1 ratio. A request for full payment in-lieu has been submitted and is currently
under review. Once McKim & Creed, PA has written confirmation of
acceptance, we will forward USACE a copy.
A preservation document from the USACE website will be prepared by an
attorney and recorded. The document for reference is attached.
We trust you will find the enclosed satisfactory. If you should have any
questions regarding this information, please feel free to contact us at (910) 343-
1048.
Sincerely,
McKIM & CREED, P.A.
243 North Front Street
Wilmington, NC 28401 `
Ramon E. Marconi
Enclosures C~~C~D~1{~ p
91 0.3 4 3. 1 0 4 8 cc: Ken Wrangell, Stowmac, LLC
JAN 2 2 X007
Fax [phone]
S:\4005\OD03\10-Comm\011107 USACE Response Ltr.Doc ~W~t~
www.mckimcreed.com !!!"'YYY~~~NNN

Page 1 of
Ray Marconi
From: Frye, Jennifer S SAW [[e-mail]]
Sent: Wednesday, November 22, 2006 1:26 PM
To: Richard Collier; Margaret Gray; Ray Marconi; Kenny Johnson; [e-mail]
Cc: Noelle Lutheran; [e-mail]
Subject: Watermark Landing
ello all:
received additional information from McKim & Creed for the Watermark Landing authorization request. I appreciate your efforts in
:ducing impacts to jurisdictional waters. I have some remaining questions regarding the mitigation proposal before I can verify the
se of NWP 14.
you are proposing on-site preservation, please submit a copy of a draft preservation document for our review. Please see the
ttached link to our website for our model language -keep in mind, if you propose any changes to this language, you must provide
~d-lined' copy of the original document with justification for any changes. We and our Office of Counsel will review these changes.
'ou must also submit a copy of a draft preservation map/survey (to be recorded w/ NHC Register of Deeds w/ the preservation
ocument) that clearly identifies the preservation areas and overall site plan for our review.
so, your narrative is a somewhat unclear w/ respect to mitigation ratios. Are you proposing to preserve all remaining wetlands on
ie property - or just 2:1 (0.38 acres)? We must also have a written confirmation from EEP that they will accept the in-lieu fee
ayment before we can issue the verification. (See the website link to the EEP for information of submitting a request) Be aware the
ny mitigation to EEP for this project would be for impacts to riparian wetlands in the Cape Fear 03030005 HUC. Depending upon
ie amount and location of your preservation, your mitigation to EEP may be 2:1. We strongly encourage and support preservation
Fall remaining wetlands on the property w/ a 1:1 EEP payment.
i recalling our conversation regarding on-site preservation and recreation areas, I have noticed that your site plans incorporate a
ture Active Recreation/Road Shoulder/Jogging Trail and Passive Recreation/benches/fishing platform/picnic area. Are these area:
ithin your proposed preservation? How will you construct these features? Will it require any mechanized land clearing and/or
ischarge of fill material into the wetlands? Will a CAMA permit be required for any of these structures? If so, are you planning to
btain this permit now or leave it "open" (so to speak) for the HOA to handle in the future?
such, your application is still consider incomplete.
ease let me know if you have any questions,
~nnifer Frye
tp//www saw _usace.army. ml1WETL.AN DS../Mitigationlpreservato, n. html
tt~://www. nceep. net/pages/inlieureplace. htm
/ 11 /2007

NATIONWIDE PERMIT 14
DESIGN NARRATIVE
WATERMARK LANDING
New Hanover County, NC
Cape Fear Township
McKim & Creed Project #04005-0003
January 10, 2007
Prepared for:
Stowmac, LLC
Post Office Box 3234
Wilmington, NC 28406
[phone]
Prepared by:
~~1"1~~~
243 North Front Street
Wilmington, NC 28401
[phone]
GIB

WATERMARK LANDING
New Hanover County, NC
Cape Fear Township
McKim & Creed Project #04005-0003
January 10, 2007
Table of Contents
DESIGN NARRATIVE
Existing Site
Proposed Improvements
Avoidance and Minimization
Maintenance
ATTACHMENT 1 -BUILT UPON CALCULATIONS (no revisions since August 14,
2006)
ATTACHMENT 2 -MODEL DELCARATION RESTRICTIONS
ATTACHMENT 3 - EEP IN-LIEU REQUEST FORM
ATTACHMENT 4 -CONSTRUCTION PLANS (no revisions since November 13,
2006)
Page i

WATERMARK LANDING
New Hanover County, NC
Cape Fear Township
McKim & Creed Project #04005-0003
January 10, 2007
DESIGN NARRATIVE
Existing Site
Figure 1 -Site Vicinity Map
The existing site is undeveloped and sparsely to moderately wooded with undisturbed upland
and wetland areas with mature trees and under story growth. 1
The New Hanover County SCS Soil Survey indicates that the predominate soil within the project
limits site is Kureb sand (Kr). The remainder of the property boundary contains Leon sand (Le),
Borrow pits (Bp), Lynn Haven fine sand (Ly), and Dorovan soils (DO). All of these soil types
have well drained soils that have a sand and fine sand surface layer and a sand, fine sandy
loam, and loamy fine sand subsoil or underlying layer; on uplands. The seasonal high water
table is greater than 6 ft below grade.
Page 1
Stowmac, LLC owns a 64.62 acre tract of land, located in New Hanover County at the 8400
River Road (SR 1100), approximately 3.5 miles south of the intersection of River Road (SR
1100) and Sanders Road (SR 1187).

The proposed project area discharges to Cape Fear River. Cape Fear River is within the Cape
Fear River Basin and is classified SC. The classification is dated 08/09/81 and the stream index
number is 18-(71). Wetlands and Coastal Marsh are located within the property boundary;
these areas will be excluded and protected from construction activity.
Proposed Improvements
The proposed development of this 64.62 acre tract of land will be for 33 duplex residential
homes with an average lot size approximately 0.10 acres. To provide a safe finished floor
elevation, the existing uplands will be built above the 100-year flood elevation (10.0 ft) and
protected with the installation of treated timber bulkheads. The bulkheads will prevent a
sufficient amount of impact to the wetlands and prevent any future accidental disturbances.
The improvements will consist of the clearing and grubbing, wall installation, bridge installation,
cross drainage piping, fill material, roadway and utilities construction.
The project is being pursued as high density. Wetlands have been excluded from the
impervious area percentage calculation. The impervious area is based on the total property
minus the wetland area. The impervious area will be 66,644 sf of roadways, a 12,685 sf
clubhouse, 31,680 sf of driveways, and 33-lots totaling 74,280 sf, making the total built upon
area 185,289 sf, 62.8% of the 294,900 sf drainage area.
To further diminish the adverse environmental effects on surface water quality resulting from
development, stormwater will be treated via infiltration trenches. To maximize the stormwater
runoff treatment and avert possible erosion, roof drains shall tie into the infiltration trenches. As
a comparison to ponds, infiltration trenches BMPs reduce adverse effects of changes in land
use on the aquatic environment. Emergency overflow devices will be set at the 50-yr event in
each individual system. Both the county stormwater regulations and state stormwater
regulations will be accommodated. NCDENR has issued stormwater Permit No. SW8 060630
and New Hanover County has returned Approved drawings with signatures.
Several design concepts have implemented throughout the project history. The project has
been designed and constructed to avoid and minimize adverse effects to waters of the US to
the maximum extent practicable at the project site. Given the limited uplands, options were
limited.
Avoidance and Minimization
The infrastructure has been carefully designed to limit the wetland impacts. The utility trench
will not be constructed with extensive gravel layers of backfill, creating a french drain effect.
The sewer line will be in the center of the roadway. The waterline will be will 5 ft from the edge
of pavement. The force main, where applicable, will be on the opposite side of the roadway, 5
ft from the edge of pavement. The utilities will be within the roadway right-of-way. The width of
the fill is limited to the minimum necessary for a safe crossing. The right-of-way width has been
reduced from 50 ft to 40 ft, to further reduce wetland impacts. While the roads have been
designed to meet NCDOT specifications and New Hanover County requirements they will be
privately dedicated. To further limit wetland impacts, interconnectivity and cul-de-sac lengths
were not obtainable based on the site characteristics. Emergency vehicle "hammer-heads° are
provided in lieu of cul-de-sacs.
Of the 64.62-acre tract of land, 51.13 acres of wetlands are on the property. Two areas of
wetlands totaling 0.190 acres will be permanently impacted as a consequence of development.
An additional 0.037 acres will be temporarily impacted during construction. The wetland
Page 2

disturbance is a requirement for roadway and utility crossings. The home owners association
will be responsible for the preservation of the wetlands. A preservation document from the
USACE website will be prepared by an attorney and recorded. The document for reference is
attached. Designating an exact location of preservation is impracticable as the county also has
open space requirements which must be considered. This is discussed in more detail below.
Due to the inability to designate a specific preservation area, the owner would like to request full
payment in-lieu. Further, the existing characteristics of the site prevent neither on-site
restoration nor creation will be an option. The owner proposes payment into the NC Ecosystem
Enhancement Program at a 2:1 ratio. A request for full payment in-lieu has been submitted and
is currently under review.
The impacted areas that are designated as wetlands are typically dry. Culverts will be installed
to provide equalization of the wetlands during sufficient storm events. The stream cross section
will be placed to its original grade and elevation. The ends of the pipes will be flush with
bulkheads with a flared end sections. The flared end sections provide a more smooth transition
of water movement. To promote the safe passage of fish and other aquatic organisms, the
pipes will be buried 20 percent of the culvert diameter. The 20 percent burial will limit the
disruption of the necessary life-cycle movements of those species of aquatic life indigenous to
the water body, including those species that normally migrate through the area. Due to the
negligible flow and to prevent further disturbance, rip rap will not be used. Orange safety
fencing will be installed along the wetland perimeters which are within 100 ft of construction
activities. Details, cross sections, and blowups can be found on sheets CN-101.
The temporary impacts will occur as the bulkheads are being installed. This includes temporary
construction mats (e.g., timber, steel, geotextile} used during construction and removed upon
completion of the work. Temporary silt fence will be installed as erosion control measures. Silt
fencing will be used as noted on the plans and as needed. The length of proposed silt fence
does exceed the 100 ftper'/< acre of disturbed area criteria. To restore the temporary impacts,
the areas will be backfilled with 6 inches to 12 inches of topsoil taken from the disturbed area.
The areas will be restored to preconstruction contours and elevation. Temporary cleared
wetland areas shall be re-vegetated to the maximum extent practicable with native species of
canopy, shrub, and herbaceous species. Fescue grass shall not be used.
New Hanover County implements an open space policy for new residentia- developments. To
accommodate the needs of the requirements, the development will install a walking
trail/boardwalk. The boardwalk will be built of pretreated wood with spaces between the
walking planks. The boardwalk will be 6' wide, and elevated approximately 3' above the
existing grade. A detail is located on Plan Sheet 7, CG-501. The boardwalk will be constructed
without the use of heavy machinery, and will not require discharge of fill material into the
wetlands. The boardwalk will be constructed by manpower and the use of hand tools. No
permanent impacts will occur and further permits will not be required to accommodate the
boardwalk. The boardwalk will be part of the home owners association to maintain.
To avoid further wetland impacts, the uplands off Skipjack Trail will be connected via bridge
with pilings. The pilings will be placed on the uplands surrounded by bulkheads, the bridge will
span from one upland to the neighboring upland. Utility line construction will be attached to the
underside of the bridge structure. The bottom of the bridge will be approximately 6 ft above the
water surface, providing more than adequate space for the utilities of three residential units.
The construction of utilities in this area will not impact the wetlands in any manner. Several
discussions and site visits have taken place with representatives of the Division of Coastal
Management. To install a bridge, the DCM will require a CAMA Minor Permit. The area of
concern will not be impacted by culverts, fill, or any other permanent impacts. Construction
Page 3

activities will not commence until a copy of the approved CAMA permit is furnished to USACE
and NCDENR. Attached is a proposal from Steadfast Bridges, which provides construction
details
To further diminish the adverse environmental effects on surface water quality resulting from
development, stormwater will be treated via infiltration trenches. To maximize the stormwater
runoff treatment and avert possible erosion, roof drains shall tie into the infiltration trenches. As
a comparison to ponds, infiltration trenches BMPs reduce adverse effects of changes in land
use on the aquatic environment. Emergency overflow devices will be set at the 50-yr event in
each individual system. Both the county stormwater regulations and state stormwater
regulations will be accommodated. NCDENR has issued stormwater Permit No. SW8 060630
and New Hanover County has returned Approved drawings with signatures.
New Hanover County strictly enforces their 75 ft COD Buffer regulation. New Hanover County
will allow road crossings if no other alternative can be provided. McKim & Creed, PA originally
proposed the idea of connecting Marada Way and Lanyards End through the 75 ft COD Buffer.
New Hanover County denied this option- due to the accessibility of a connection to Diligence
Trail without impending the 75 ft COD Buffer. New Hanover County did not favor the idea of
placing a road in this area, as the bulkheads would restrict any natural flow and create a pocket
of isolated wetlands. Due to other 75 ft COD Buffer crossings, New Hanover County felt this
crossing would be excessive and not critical, as other options are available. Additionally, the
horizontal alignment of the roadway would create further wetland impacts of approximately 0.08
acres.
Another proposed option to limit wetland disturbance, was to install a bridge structure
connecting Diligence Trail and Lanyards End. Wetland disturbance would not be completely
eliminated. For a structure to span the 250 ft crossing, a support would be required midway,
with a permanent impact of 0.07 acres. Attached is a proposal from Steadfast Bridges, which
provides construction pricing for structures only. From previous work, McKim & Creed, PA
adds additional 40 percent to the price of the structure to encumber the foundation. From the
supplied cost estimate, McKim & Creed, PA estimates the cost of bridges to approximately
$915,000.00. This price does not include construction labor and equipment. The property
value of the 9 lots the bridge served would not be able to justify this additional construction cost.
If this option were chosen, the owner would not be able to encumber the cost of construction
through the sell of the lots. The cost would outweigh the profit, creating a net project loss.
To maximize the use of the land available on the property, McKim & Creed, PA has explored
various options to limit wetland disturbance and abide by New Hanover County regulations. Of
the 64.62-acre tract of land, 51.13 acres of wetlands are on the property. Two areas of
wetlands totaling 0.190 acres will be permanently impacted as a consequence of development
(0.37% of the total wetlands).
Maintenance
Sediment will be removed from the infiltration system annually or when the depth in the unit is
reduced to 75% of the original design depth. A benchmark shall be established in each
individual infiltration system. The system shall be restored to the original design depth without
over excavating. Removed sediment shall be hauled offsite. To ensure public safety, the
bulkhead retaining wall shall be inspected and maintained annually and after a sufficient storm
event. Upon completion of construction and the establishment of stabilizing ground cover, the
property owner shall be responsible for site maintenance.
Page 4

ATTACHMENT 1 -BUILT UPON CALCULATIONS
(no revisions since August 14, 2006)

PROTEST II~rPt ERVIOUS A~tE_A
1~atermark i andin0
New Hanover County
Project No. 4005-0003
..
On-site Buildings - _ .~..,:
74,280 SF
On=site Street /Parking 66,644 SF
On-site Driveway 31,680 SF
On-site Sidewalks 0 SF
Other on-site (Clubhouse) 12,685 SF
Off site 0 SF
Total: .__185.289 SF _________.__
5:\400510003120-Tech\
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R~chment A
Watermark Landing

Lots Building
Square
Foota a Driveway
Square
Foota a Total SF o
Buildings +
Drivewa
DA 1
1 2,400 960 3,360
2 2,400 960 3,360
3 2,400 960 3,360
4 2,400 960 3,360
5 2,080 960 3,040
DA 2
6 2,400 960 3,360
7 2,400 960 3,360
8 2,400 960 3,360
9 2,400 960 3,360
10 2,400 960 3,360
11 2,400 960 3,360
12 2,400 960 3,360
13 2,080 960 3,040
14 2,400 960 3,360
FA-3 - ----- -- - --~-- - - - - -- -----
15 2,400 960 3,360
16 2,400 960 3,360
17 2,400 960 3,360
1 B 2,400 960 3,360
19 2,080 960 3,040
2D 2,060 960 3,040
DA 4
21 2,400 960 3,360
22 2,025 960 2,985
23 2,025 960 2,985
24 2,025 960 2,985
25 2,025 960 2,985
26 2,025 960 2,985
27 2,025 960 2,985
28 2,025 960 2,985
29 2,025 960 2,985
DA 5
30 2,400 960 3,360
DA 6
31 2,400 960 3,360
32 2,080 960 3,040
33 2,080 960 3,040
Total 74,260 31,680 105,960
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NEW HANOVER COUNTY, NOR
(Joins sheet 27)

NQYt~i C`(~YOlina ~a~efRb©dies Lisped b~ C`©~n~v
Note: Waterbodies are listed in more than one county if they cross county lines.
Report Dafe: 09/30/05
Records Fvund: 60
Name of Stream Descripfion Curr. Class .Date Prop. Class Basin Stream Index #

CA_pE FEAR RIVER From raw water supply C;Sw 04/01/59 Cape Fear 16-(63)
intake at Federal Pape r
Board Corporatioa
(Riegelwood) to
upstream mouth of
Toomers Creek
Catfish Creek From source to Cape C;Sw D9/O1/74 Cape Fear SB-69
Fear River
~r'`CAP.E•3~'~EBR RHEA 2r From upstream mouth
• ;-'.SIIt°.:µ'''=` OB/D9/Bl

of Toomers creek to e Cape Fear 16- (71}
line across the river

------ from Snows Po_int__

-
-

--------

--------
-- --- - - --- -- ------ - - -- --------- ---
-------- -- (through Saows Marsh)
to Federal Point
Cartwheel Branch From source to Cape SC;Sw Da D1 59
-/ /
Cape Fear
18

Fear River -72
Toomers Creek From upstream mouth WS-IV DB 03 92
/ /
Cape Fear
16-73-(1)
to a point D.B mile
upstream of mouth
Toomers Creek From a point 0.8 mile WS-IV;CA OB D3 92
/ /
Cape Fear
1B-73-(2)
upstream of mouth to
mouth (City of
Wilmington water supply
iataY.e )
Northeast Cape
F From N.C. Hwy, 21D to B;Sw DB/01/67 Cape Fear 18-74-(47
5)
ear River Prince George Creep, .
Island CreeY, From source to C;Sw 07/01/73 Cape Fear 18-74-SD
Northeast Cape Fear
P.iver
Sturgeon Creek From source to C;Sw D9/D1/74 Cape Fear 1B-74-52
Northeast Cape Fear
P.iver
Northeast Caae From Prince George C;Sw 09 D1 74
/ /
Cape Fear
18
7

Fear P,iver
Creek to mouth of -
4-(52.5)
Ness Creek
Priace George From source to C;Sw 07/01/73 Cape Fear 16-74-53
Creek Northeast Cape Fear
P,iver
Search Parameters:
County. Neva Hanover
Class:
SpDes:
Name:
Desc:
Index:
Page 1 of 7

ATTACHMENT 2 -MODEL DECLARATION OF RESTRICTIONS

RESTRICTIVE COVENANT GUIDANCE
August, 2003
Often, developers of residential or commercial subdivisions subject the property on
which the subdivision is built to restrictive covenants, that include provisions such as
setbacks, types of homes/buildings that can be built, etc. If the District has determined
that restrictive covenants are acceptable as a means of preserving mitigation property, the
following language can be added to those restrictive covenants:
"The areas shown on the recorded plat (identify the plat by title, date, and
recording data) 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 any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, 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 a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID
and therefore may be 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."
Usually, restrictive covenants have a provision that the property owners (either all of
them or some percentage of them) can amend or modify the restrictive covenants. If that
is the case, that provision needs to provide that our required paragraph (usually identified
by paragraph number) cannot be amended without the express written consent of the U.
S. Army Corps of Engineers, Wilmington District.
The permit condition should state that the permittee will record restrictive covenants,
acceptable to the Corps of Engineers, for the purpose of maintaining the mitigation areas
in their natural state in perpetuity, prior to the sale or conveyance of any lots or other
property within the subdivision. It is important that the restrictions be recorded prior to
the sale of any property within the subdivision (or phase, if it is being developed by
phase). If they are not, then any property sold prior to the recording of the restrictive
covenant are not subject to those covenants. Suggest the following:

"Permittee shall execute and cause to be recorded in the County
Register of Deeds restrictive covenants acceptable to the Corps of Engineers for
the purpose of maintaining the conservation areas, as shown on the recorded
plat* (identify by title, date, and recording data), in their natural state in
perpetuity, prior to the sale or conveyance of any lots or other property within the
subdivision. The permittee shall enforce the terms of the restrictive covenants
and, prior to conveyance of the property, shall take no action on the property
described in the covenants inconsistent with the terms thereof. The permittee
shall provide a copy of the recorded restrictive covenants to the Corps of
Engineers within 15 days of recording."
* It is possible and acceptable that the plat may not be recorded at the time of the
issuance of the permit. If that is the case, delete the word "recorded" and be sure you
have a copy of a plat showing the conservation areas in the file, and identify it in the
permit condition by title and date. The plat, however, must be recorded at the time the
restrictive covenants are recorded, and prior to the sale of any lots in the subdivision.
2

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 etation. 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 a e. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation, Dred ing 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.

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form)
4

ATTACHMENT 3 - EEP IN-LIEU REQUEST FORM

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 11/28/2006
Print this form; fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh,
NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
CONTACT INFORMATION APPLICANT'S AGENT o tional APPLICANT
1. Business or Individual Name McKim & Creed, P.A. Stowman, LLC
2. Street Address or P O Box 243 North Front Street PO Box 3234
3. Ci ,State, Zi Wilmin ton, NC 28401 Wilmin ton, NC 28406
4. Contact Person Mar aret Gra Ken Wran ell
5. Tele hone Number 910-343-1048 910-794-8704
6. Fax Number 910-251-8282 910-251-0215
7. E-Mail Address o tional m ra mckimcreed.com kwran ell wran ellhomes.com
PROJECT INFORMATION
8. Pro'ect Name Watermark Landin
9. Pro'ect Location nearest town, cit 8400 River Road, Wilmin ton, NC
10. Lat-Lon Coordinates o tional 34°04'33"N / 77°55'17"W
11. Pro'ect Coun New Hanover
12. River Basin Ca a Fear
13. Catalo in Unit 8-di it See Note 1) _ _ 0303000___ __ _____
14. Ri arian Wetland Im act ac. e. ., 0.13 0.19
15. Non-Ri arian Wetland Im act ac. na
16. Coastal Marsh Im act (ac. na
17. Stream Impact (ft.) (e.g. 1,234)
See Note 2 Warm
na Cool
na Cold
na
18. Buffer Impact (sq. ft.) (e.g. 12,345)
See Note 3 Zone 1
na Zone 2
na
19. Regulatory Agency Staff Contacts
Indicate last names, if known USACE:
F e DWQ:
Lutheran
20. Other Regulatory ID Information

e. ., USACE Action ID, if known
SAW-2001-1253-065 /DWQ: 061327
IMPORTANT
Check (~l) below if this request is a:

^ revision to a current acceptance, or
^ re-submission of an ex fired acce tance Signature of A licant or Agent:

-~

Date: January 9, 2007
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http://cfpub. epa. gov/surf/locate/in dex. cfm
Note 2: For guidance on stream temperatures, go to:
http://www.saw.usace.army.miIN1/ETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or [e-mail]

AGENT AUTHORIZATION
I, Ken Wrangell of Stowmac, LLC, hereby grant McKim & Creed, P.A. the right to represent
Sto~~mac, LLC in matters regarding professional environmental permitting services for real
property I:nown as tNatermark Landing owned by Sto~~nnac, LLC in New Hanover County,
North Carolina until such time as further notified.
Land Ov~rner: Ken Wrangell, Member Manager of Stotit=mac, LLC
Date
C.\Documants And Settings\Ken H~rnngell\Looal Setiings'~lemporary Internet Flles\OLI:E4\hgeni Authonzafion-Vdatermar{: Landina.Doc

P. 1
Transmission Result Report(MemorvTX) (Jan~10~ 2007 3:06PM) ~ ~ ~
,)
2)
Date/Time: Jan~10~ 2001 3:U5PM
File Page
No, Mode Destination Pg(s) Result Not Sent
----------------------------------------------------------------------------------------------------
8303 Memory TX 19197152001 P~ 3 OK
----------------------------------------------------------------------------------------------------
Reason for error
E•1) Hans ua or line flail E•2) Busv
E•3) No answer E•4) No fiacsimile connection
~j1Yl'1~liV1C:3l.P\G~,L LEITIIt OF T'KAAiSMITTAL
•1O NCEEP
1652 Mall Service Curter
Ra1eg1;, NC2769Y1652
m~
naa January 10, 2007
rno~Nn 42g9{Ip06 usNn qp
°~ WaECrmadclandmg
~+,ws+snecxa rcm ] ~ 1
vnE ARE SENDING ®O>~e ^ Ptit,n ^ Shop Drawings ^ s.mplac
^ ~~ ^ cala.latie,e ^ other--
Wnntlq' Dewing No. Rev. - Desalptim Steen
In-Lien F~ RequestFa~ c
I Agerd Autlt®ti® C

Issue 91atuc Cods A. Preliadnary B. Febrieafimt Only C Fe Infv~atioa D. Bld
E. Ctaistroclion F. ForRevk~v & Cotnmertts G. Fa Approval K See Rema>~
Action Stators Code: 1. No Exceptions Talcai 2 Akalae Corrections Noted 3.0th
4. Amrnd & Resubatit S Rejected - 5re Rmuoim
tnwOrtnlRtnTS'S1R![!.= ^]nn.A_+JYi1 M91161ap~PAT.In11RS~JdQ
s F7. Mclim L-Creed, P.A w/o me McI~vI ~ Q~EDr PA
Signed
Ray Mazcard, II
fr1dTYm5~~Pf+w1W tee+NRn^Im~cLv

v~~vt~cr~ED
TO~ NCEEP
1652 Mail Service Center
Raleigh, NC 27699-1652
ATTENTION:
WE ARE SENDING: ®Originals ^ Prints
^ Specifications ^ Calculations
LETTER OF TRANSMITTAL
DATE: January 10, 2007
PROJECT NO: ~ TASK NO: ~~d
RE: Watermark Landing
TRANSMITPAL NO: PAGE 1 OF 1
^ Shop Drawings ^ Samples
^ Other -
Quantity Drawing No. Rev. Description Status
1 In-Lieu Fee Request Form G
1 Agent Authorization C

Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected -See Remarks
REMARKS:
243 NORTH FRONT STREET, WILMINGTON, NC 26401 [phone] FAX [phone]
~~~ File, McKim & Creed, P.A. w/o enc
McICIM & CREED, I'A
Signed
Ray Marcoru, EI
5:14269 \ 0006 \ 10-Comm\ 011007 NCEEP Trans.Doc

ATTACHMENT 4 -CONSTRUCTION PLANS
(no revisions since November 13, 2006)

Y
- --i o ,stem
PROGRAM
January 17, 2007
Ken Wrangell
5towman, LLC
PO Box 3234
Wilmington, NC 28406
Project: Watermark Landing County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP} is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Pernaitl401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made. The amount of the In Lieu Fee to be paid to NCEEP by
an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
Cape Fear
03030005 Stream (feet} Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
{Sq. Ft.)
Cold Cool Warm Ri azian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0.19 0 0 0 0
Credits 0 0 0 0.38 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 71b-1921.
Sincerely,
illiam .Gilmore, PE
Director
cc; Cyndi Kazoly, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ- Wilmington
Margazet Gray, agent (elec.)
File
R~.stol'~u-t~... ~ .. Protr::ctc'~ Du,Y State
~E~
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net