20061503 Ver 2_Other Agency Comments_20070730

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U.S. ARMY CORP5 OF ENGINEERS .,i ~. L ~ ~: Z0~
WILMINGTON DISTRICT
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Action ID. 2006 40390 071 County: Pender USGS Quad: Topsai~•
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Jamestown Pender Residential, L.P. Agent: Dial Cordy & Associates
Address: attn: George B. Taylor attn: Steve Dial
3743 Cochran Lake Road 201 North Front Street
Marietta, GA 30062 Wilmington, NC 28401
Size and location of property (water body, road name/number, town, etc.): The 223.78 acre tract (to be known as
Bayberry Farms at the Preservel is located north of Hampstead behind the Topsail High School adiacent to
Trumpeter Swamp. Pender County.
Description of projects area and activity: This permit authorizes impact to 0.467 acres of non riparian wetlands to
provide necessary road crossings for the subdivision infrastructure. This impact number reflects the elimination of
crossing U2 referenced on the site plans.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-29
See Attached Special Conditions and Nationwide Conditions.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans (C-104 dated 8/18/2006, C-101 dated 8/18/2006, and C-161 dated 8/18/2006). Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver.
Corps Regulatory Official ~ ~~ Date: July 24, 2007
Expiration Date of Verification: July 24, 2009
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Extension Wilmington, NC 28405
NCDENR-DWQ attn: Cyndi Karoly 2321 Crabtree Blvd Raleigh, NC 27604-2260

Bayberry Farms at the Preserve
Pender County
AID# 2006 40390 071
Special Conditions:
1) The permittee shall execute and cause to be recorded in the Pender County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers (draft dated July 9, 2007 and stamped received on July 10,
2007, attached) for the purpose of maintaining the preservation conservation areas (to include 0.49 acres of
uplands), as shown on the reviewed plat (entitled Bayberry Farms at the Preserve, Deed Restricted
Conservation Areas dated July 2, 2007 by Trigon, attached) 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.
2) The current Section 7 review with the US Fish and Wildlife Service has not cleared the entire subdivision
for development. As a result of this separate review and the ongoing monitoring, Lots numbered 46-76 will
not be developed at present. Since these Lots are awaiting final release from the Section 7 review, crossing
U2 is currently not needed. When and if the area comprising these Lots is released from the Section 7
review, the applicant will need to modify this nationwide permit to include crossing U2.
It should be noted that when and if crossing U2 is justified, the applicant has provided sufficient up front
mitigation to cover this crossing.
Corp Regulatory Official Date July 24, 2007

Conservation Language to be included in 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, bum, 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 shalt fie binding on the Owner, and all
parties claiming under it. The conservation language contained herein shall not
be amended without the express written consent of the U. S. Army Corps of
Engineers, Wilmington District.

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