20070926 Ver 1_More Info Received_20070713

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July 9, 2007
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M&C 3058-0005
Joanne Steenhuis
NCDENR Division of Water Quality Wetlands
401 Water Quality Certification Unit
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
RE: Request for More Information
Lawson's Landing Subdivision
DWQ #07 0926
Dear Ms. Steenhuis:
In response to your letter sent on July2, 2007, we offer the following:
1. You will be required to place a deed notification/deed restriction on the
remaining wetlands on the project. Please provide a notarized copy of the
draft deed notification /restriction, covenants, preservation (if required by
the Corps) language that, at a minimum, notify future lot owners that there
are wetlands on the property, which are protected by the NC Division of
Water quality and the US Army Corps of Engineers. If you plan on
preserving the remaining wetlands on the tract, please provide a notarized
copy of the draft language that will accomplish preservation. Example
language for the deed notification is available on our website:
http://h2o.enr.state.nc.us/ncwetlands/certs.html.
A notarized copy of the wetland deed notification is attached. In addition we are
providing a copy of the COE Model Declaration of Restrictions. Tl1is will be utilized
z~s worn r~~~,~ ~t;P~t for the remaining wetlands on site. Both documents will be recorded
Wiimii~gtor.. NC 28h01
51 0.343.' 04P
Fay 910 251 &~2H2
www.mckimcreed_crn~i S:A3058\0045U0-Comm\070907NCDEtiR DWQ ResponseLtr.doc

NCDENR Division of Water Quality
July 9, Zoos
Page 2
I trust you ~~ill find the enclosed satisfactory. If you should have any questions
regarding this information, please feel free to contact me at [phone].
Sincerely,
McKIM & CREED, P.A.
Marg e G ay
Project Manager
/bhc
Enclosures:
Wetland deed notification
COE Model Declaration of Restrictions
cc: Troy Hudson, Red Apple Group w/enc
Doug Timpey, USACE -Wilmington w/enc
File, McKim & Creed, P.A. w/ enc

S: \ 3058 \ 0005 \ 10-Comm \ 070907 NCDENR DINQ Response Ltr.d oc ~
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COMPLIANCE WITH WETLAND 8 BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the Brunswick County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in Brunswick County, North Carolina as shown on
plans titled Larson's Landing, Overall Site Plan CAMA Exhibits, Sheet E3 prepared by McKim &
Creed, P.A. dated: February 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".
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Signature: ~ i %~ '=
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Owner's name: t.._~_{ ~`~~-~'~~` tF~ •-~ r-i ~"' ;,% ~C" ~~~ ~,~ r'...
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Address: ~ ~T~ ~~ ~ t. ~)r~ ~~ d ~ ~ ~,~ ~ ~''-'~~ `mss
City, State, Zip Code: ~> I •~!~h ` ,~~ ~ ~ `~ `~
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Phone Number: ~ ~- ~ ~~~'~

STAGE OF North Carolina
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I, ~,. ~~;1-~ i~ z ~rV ~~~lr' ~ ~ r'~ , a Notary Public of the State of North Carolina,
fr ; ~ f,.,r '~^~ 1~f 1 County, hereby certify that owner personally appeared
before me this day and executed by above certification.
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Witness my hand and notarial seal, this day ~ of ~~ I;; ~~~ ~` ~ ~.` ,~
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Notary Public ~~ ;~~
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My commission expires: ~ ~ ~~j I~~ ~ :.=~E.--'~ % " ~ N ~; .. ~a~y 4~
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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 properly and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE L 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 n~ 4a'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 ink 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

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. Recordine. 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)
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