20071698 Ver 1_401 Application_20071007

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53 1 5 South College }load,juite ~ • ~/ilmington, (~orth Carolina 2841 2
~ 10.452.2)1 i ~ax: ~ i 0.452.2899 o{-~[e-mail]
www.segi.us
~~~~~~~~
October 1, 2007 ~ ~~~'
Hand Delivery
Mr. Brad Shaver
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Re: 1465 NC 172, Garden Center Site
Sneads Ferry, Onslow County
ATF Nationwide Permit Application
Dear Mr. Shaver:
ti `1 ~~ ~'
OCT ~ 4 2001
~~Fi•JR - L`J61T~R QU!?~ITY
~TLANDS P,~;C~ ::°r i f?RA.1'MATER 9i2FiPlCit
[SEGi Project #06-207.0]
Our firm has been retained by Mr. Chris Perry and Ms. Heather Sullivan to pursue an After-the-
Fact Nation Wide Permit 39 to impact 0.10 acre of jurisdictional wetlands in order to install a
entranceway onto their property located at 1465 NC 172, west of Sneads Ferry, Onslow County,
North Carolina. A jurisdictional determination package was submitted on August 30, 2007. In
addition to the permit application, the final wetland survey is attached to this letter.
Impacts to wetlands associated with the project consist of 0.10 acre of fill to allow full access to
the high ground portion of the property. The remaining fill located along the front of the
property will be removed and the area seeded with a wetland seed mix. The proposed drive is
sized to allow for the safe ingress and egress of large trucks and land clearing equipment which
typically ranges from 10 to 16 feet in width.
The proposed mitigation for these impacts is the preservation of approximately 1.88 acres on the
northwest side of the property. The wetlands on the front of the property will be restored, but
this activity is associated with the resolution of the current unauthorized activity not
compensatory mitigation.
At this time we are requesting your review and approval of the attached permit application.

SEC
Please feel free to contact me, if you should have any questions or comments, at 910.452.2711.
Thank you in advance for your assistance with this project.
Sincerely,
~ ~'.
Angie Pennock
Senior Consultant
Enclosures: Attachment 1: NWP 39 Permit Application
Attachment 2: Letter of Agency
Attachment 3: Drawing of Current Impacts
Attachment 4: Cross-section and Plan Drawings
Attachment 5: Final JD Survey Maps
Attachment 6: Standard Deed Restrictions
Cc (with Enclosures):
Hand Delivery
Ms. Joanne Steenhuis
NC Division of Water Quality
Wilmington Field Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
US Postal Service
Mr. Ian McMillan
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Office Use Only: Form Version March OS (as revised December 2006)
47- 1 698
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: ATF 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
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: ^
5. If your project is located in any of North Carolina'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: ^
II. Applicant Information
1, Owner/Applicant Information
Name:
Mailing Address:
Telephone Number:
Fax Number:
E-mail Address:
Mr. Robert C. Perry & Ms. Heather A. Sullivan
145 Wheeler Creek Road
Sneads Ferry, NC 28460
N/A
N/A
N/A
2. Agent/Consultant 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: Ms. Angie Pennock
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 College Road, Suite E
Wilmin ton, North Carolina 28412 ~~; ~, q-- ~,,~~
Telephone Number: 910.452.2'711 ~a ~ ~ ~.~~
Fax Number. 910.452.2899
E-mail Address: angie se i.us OCT ~ ~ 2007
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Page 1 of 9

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: Heather's Garden Center
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 795A-11
4. Location
County: Onslow Nearest Town: Sneads Ferrv
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): Follow US-17 N out of
Wilmington. Turn right onto Highway 172 towards Sneads Ferry Site is
approximately 2.5 miles ahead, on the left side of the road
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): 34.5438°N 77.4755°W
6. Property size (acres): 5.18 acres (225,640.8 square feet,
7. Name of nearest receiving body of water: Stones Creek
8. River Basin: White Oak
(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:
At this time the site is sparcel~getated, though a concentrated area of vegetation can
be found at the rear of the parcel. A dirt drivewayexists immediately to the east of the
Page 2 of 9

subject parcel. A single residential dwelling is found to the east of the parcel, off the
dirt road. Botany Bay Farms, a farm used to breed and raise Thoroughbred
Racehorses, is located directly to the west of the subject site.
Other than those two structures, it appears that undeveloped land surrounds the
project site. The majority of land that is developed appears to be used for single family
residential or agricultural purposes.
l0. Describe the overall project in detail, including the type of equipment to be used:
The apulicants would like to keep enough fill material on the front of the project site to
create a entrance drive to the high ground portion of the property. The road will need
to be large enough to support large trucks moving mulch and other landscaping
supplies and trucks towing the companies land clearing equipment. In addition to the
road surface, three-foot, grassed shoulders would be constructed on each side of the
drive to insure that if the large trucks entering the property were to leave the road
surface, they would not end up in the wetlands. Finally, 3:1 slopes would connect the
shoulders to the existing wetland grade.
11. Explain the purpose of the proposed work:
To create an ingress/egress to high ground for a garden center/landscape and tree
removal business.
IV. 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. There are
A jurisdictional determination package was delivered to the Armv Corps of Engineers on
02 January 2007 and 30 August 2007. Applicant is awaiting response.
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.
There are no additional impacts anticipated at this site.
Page 3 of 9

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:
The applicant is proposing to discharge fill material into approximately 0 10 acre of
jurisdictional wetlands to construct aingress/egress drive for their landscaping
business and proposed Garden Center. The road surface would include two 16-foot
lanes to provide adequate safe travel width for large trucks and wide trailers
carrvin~ earth moving and clearing equipment. Three-foot shoulders on each side
of the road would helmsprevent these large vehicles from sliding into the wetlands
should they leave the road surface. Finally 3.1 slopes would connect the shoulders
to the existing wetland grade.
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. separately list imnactc clue to tenth ctrnrtnrP and flnnrlina
-_
Wetland Im act
P
Site Number
(indicate on map)

ype of Impact
T
ype of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) __
Located within
100-year
Floodplain
es/no __
Distance to
Nearest
Stream
linear feet --
Area of
Impact
(acres)
1 Fill Palustrine, Wet Flat No > 1 mile 0.10

Total Wetland Impact (acres) 0.10
3. List the total acreage (estimated) of all existing wetlands on the property: 2.33 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, rip-rap, 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 must be included. To calculate acreage, multiply length X
width, then divide by 43,560. N/A
Page 4 of 9

5.

Stream Impact
Number
indicate on ma

Stream Name

Type of Impact

Perenmal or
Intermittent? ------
Average
Stream Width
Before Im act
Impact
Length
linear feet
Area of
Impact
acres

Total Stream Impact (by length and acreage)
6. 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, excavation, dredging, flooding, drainage, 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

Total Open Water Impact (acres)
7. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Im act acres
Wetland hn act acres : 0.10
O en Water Im act acres
Total Im act to Waters of the U.S. acres
Total Stream Im act linear feet
8. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ^D 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.
9. Pond Creation
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
Page 5 of 9

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 wetlands cover the entire front of the property, therefore there is no other way to
access the high ground portion of the .property The road width proposed is minimum
necessary for the safe ingress and egress of large trucks The drive has been located to
cross the narrowest section of wetlands while taking Onslow County's 20-foot buffer
between land use tunes into consideration The remainder of the fill material will be
removed and the area will be seeded with a wetland seed mix for stabilization
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, available at
httn://h2o.enr.state.nc.us/ncwetlands/strmgide html.
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
Page 6 of 9

description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The apulicants have agreed to place deed restrictions on the wetlands located in the
back of the property (1.88 achy will remove the unauthorized fill material from
the wetlands located adjacent to NC 172 and seed this area with a wetland seed mix.
They do not wish to place the remaining wetlands at the front of the lot into
preservation because they would like to be able to mow this area to promote visibility
for the business.
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://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box. on page five and provide the following information:
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): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
I. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) 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 ^
IX. 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
Page 7 of 9

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
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 multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
~` Gone t extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
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.
X. 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.
The impervious areas associated with the proposed project include the entranceway and a
small office. The total acreage would be less than 0 5 acre; less than 10% Stormwater will
be allow to infiltrate on the ground and in the bottoms of the property boundary ditches
XI. 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.
For waste removal facilities are currentl~pro_posed for this site
Page 8 of 9

II. 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
XII. 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
httn://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This is an independent development that is not associated with any other development
lp ans•
XIII. 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).

ApplicantyAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

Dec 12 06 12:30p Chris Perri / Heather Sul 9103272977 p,2
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See Scale on Drawing Date: September 28, 2007 Project #: 06-207.01 Compiled By: Angie Pennock
Area of Current Unauthorized Fill joutl,ern environmental Group, ~nc.
5315 South College Road, Suite E

1465 NC 172, Garden Center Site Wilmington, North Carolina 28412
Sneads Ferry, Onslow County, NC Office [phone] Fax [phone]

Page 1 of 2
Plan Drawings
Cross-section of Culvert Pipe in. Roadside Ditch
~~
~\ \
~~ \ ~ \
~\ \ \
\~
/Culvert Pipe in Ditch
Diameter = 18" ~
~~
The distance between the road surface and
the top of the culvert pipe is unknown. It
will be the minimum distance necessary to
bring the road surface to the same elevation
as NC 172 and rest of the driveway.
The culvert is not being placed in a blue line stream nor within an ACE. The applicant is not
proposing to bury the culvert as there are no fish in the ditch and it is unnecessary for the safe
passage offish and/ar other wildlife.
3 feet
5 feet
Cross-section of Finished Roadway, Shoulders, and Side Slopes
Shoulder = 3'
Drive Surface = 2 Lanes, 16' Each _ Side Slopes = 3'
E sting Lade,,/.
3 feet
5-feet)
The shoulder and side slopes will be seeded imrr~ediately after the road work is crn~leted.
NOt t0 SCaI@ Date: September 28, 2007 Project #:
Cross-sectional Drawings
1465 NC 172, Garden Center Site
Sneads Ferry, Onslow County, NC
Ofr207.01 Drawn By: Angie Pennock
jouthern ~nvironmenta~ (~rouP, ~nc.
5315 College Road Suite E
Wilmington, North Carolina. 28412
Office [phone] Fax [phone]

Page 2 of 2
Plan View Drawing of the Proposed Entranceway Fill Plan Drawings

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The base survey for this drawing was taken from the survey prepared by Mr. Greg Wayne of Hanover Design
The area shaded in red represents the entire fill area including the road surface, shoulders, and fill slopes.
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See Scale on Drawing Date: September 28, 2007 Project #:
~' Plan View Drawnn
g
1465 NC 172, Garden Center Site
Sneads Ferry, Onslow County, NC
Ofr207.01 Drawn By: Angie Pennock
Southern ~nvironmenta~ ~jrouP, ~nc.
5315 College Road Suite E
Wilmington, North Carolina 28412
Office [phone] Fax [phone]

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 of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the 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. Vegetation. 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. Signage. 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
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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.
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ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Pr~erty 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)
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