20071758 Ver 1_401 Application_20071007

•v
PARKER & ASSOCIATES, INC.
Consulting Engineers -Land Surveyors -Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
[phone] + Fax: [phone]
October 16, 2007
Ms. Cindi Karoly
NCDENR - DWQ
401 /Wetlands Unit ~ 7 ~ 7 5 $
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Halls Creek, Section III
Onslow County, NC
401 Wetlands Submittal
Dear Ms. Karoly:
Please find enclosed seven copies of the following items related to the above project:
1. PCN Form 0~ °u ~ ~~~+~
2. Conservation Declaration
3. Wetlands Conservation Map ~ ~ T ~ s L ~ p j
4. Wetland Exhibit Maps (Sheets 1-8 of 8)
5. NCEEP Acceptance Letter for Mitigation Payment !~EN~ - UWA1~>:R C~uP.l.f7Y
6. 404 Nationwide 29 Permit for the above referenced project WETL.ANd?~'~bT02?~.~As'ER3r7A.NGH
Also enclosed in one (1) check in the amount of $475 for the submittal fee.
This project was approved by the U.S. Corps of Engineers on 10/8/07. During the 404 permitting
process it was determined that along with wetland impacts we also have stream impacts. These stream
impact requires a 401 submittal.
As discussed with Joanne Steenhuis of the Wilmington Regional Office, we are submitting seven
copies of all of the items noted above, including the 404 Nationwide Permit Approval
If you have any questions, please contact me.
Sincerely,
PARKER ASS S
J nA.H son, E.I.
xc: C & N Developers (w/Letter Only)
Joanne Steenhuis (w/enclosures)
CF (P), LAM
JAH/ads
c l .JAH.Karoly.itr.l 0.15.07
EMAIL ADDRESS: TEXT MESSAGES TO: paitext(a,bizec.rr.com MAPS AND PLANS TO: paidraftna,bizec.rr.com
• ENVIRONMENTAL ENGINEERING • STORMWATER, WATER AND WASTEWATER SYSTEMS
• FEASIBILITY AND DEVELOPMENT CONSULTING • GLOBAL POSITIONING SURVEYS f SUBDIVISION AND CONSTRUCTION PLANS

Office Use Only: Form Version March OS
o~-I?58
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I.
II.
Processing
2.
Check all of the approval(s) requested for this prof ect:
® 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
~,
T~•.~
Nationwide, Regional or General Permit Number(s) Requested: 29
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: ^
Applicant Information ~ ` " ~.~,:~ a ~ ~ ;alp {{
f ~~~
1. Owner/Applicant Information UCT 1 ~ 1007
Name: C & N DEVELOPERS INC.
Mailing Address: P.O. BOX 387 ~ttaNeg~t ~~ •`±Y~'??Rs ~F,r~`araa~cN
JACKSONVILLE NC 28541
~ i.c.l~,~l~.n Stm,anwL~ex"e~
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
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: JASON A. HOUSTON E I.
Company Affiliation: PARKER & ASSOCIATES INC.
Mailing Address: P.O. BOX 976
JACKSONVILLE, NC 28541
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: paitegt(a~bizec.rr.com
Page 5 of 12

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 maybe 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: HALLS CREEK NORTH, SECTION III
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): TAX PARCEL ID: 1320-28.6
4. Location
County: ONSLOW Nearest Town: SWANSBORO
Subdivision name (include phase/lot number): HALLS CREEK NORTH. SECTION III
Directions to site (include road numbers/names, landmarks, etc.): INTERSECTION HWY
24 AND HWY 17 TAKE 24 EAST INTO SWANSBORO, TURN RIGHT ONTO
HAMMOCKS BEACH ROAD. PROJECT IS ON THE LEFT.
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): 34.6861 °N 77.1461 °W
6. Property size (acres): 40.57
7. Name of nearest receiving body of water: HALLS 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: WOODED
Page6of12

10. Describe the overall project in detail, including the type of equipment to be used:
LAND WILL BE CLEARED ROADS AND DRAINAGE WILL BE CONSTRUCTED
ALONG WITH SINGLE FAMILY HOMES. TYPICAL EARTH MOVING
EQUIPMENT WILL BE USED.
11. Explain the purpose of the proposed work: CONSTRUCTION OF RESIDENTIAL
SUBDIVISION
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.
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.
NONE
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 maybe 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:
CULVERTED WETLANDS CROSSING. TOTAL OF 6 INCLUDING CROSSING FOR
DRIVWAY.
Page 7 of 12

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 impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type 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 FORESTED NO 400 .021
#2 CULVERT/FILL FORESTED NO 650 .107
#3 CULVERT/FILL FORESTED NO 820 .068
#4 CULVERT/FILL FORESTED NO 650 .024
#5 CULVERT/FILL FORESTED NO 300 .028
#6 CULVERT/FILL FORESTED NO 500 .016
Total Wetland Impact (acres) .266
3. List the total acreage (estimated) of all existing wetlands on the property: 13.33
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 acrea e, multi ly length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
1 N/A CULVERT srrexn~rrTExT 3 80 0.0055
2 N/A CULVERT s~~xNUrrErrT 3 84 0.0058
3 N/A CULVERT Erxlv~liai, 3 40 0.0028

Total Stream Impact (by length and acreage) 204 0.0141
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, 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)
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .0141
Wetland Impact (acres): .266
O en Water Im act (acres): 0
Total Impact to Waters of the U.S. (acres) .266
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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 LAYOUT OF THE
SUBDIVISION AS SHOWN HAS BEEN IN SUCH A MANNER AS TO AVOID THE
MAJORITY OF THE WETLANDS ONSITE. THE TOWN OF SWANSBORO HAS
REQUIRED TWO ENTRANCES FOR THE PROJECT. ALL WETLANDS HAVE
BEEN CROSSED OR IMPACTED WHERE THE LEAST AMOUNT WOULD BE
FILLED. * SEE RESPONSE LETTER FOR ADDITIONAL INFORMATION
REGARDING AVOIDANCE AND MINIMIZATION.
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
Page9of12

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 maybe 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
ht~t ://h2o.enr.state.nc.us/ncwetlands/strm~ide.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
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
WETLANDS CONSERVATION OF ALL REMAINING ONSITE WETLANDS
AND PAYMENT TO NCEEP
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): 204
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): .266
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/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 aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No ^
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* I Impact Multi lier I Required
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
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.
Pagellofl2

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
LOW DENSITY SUBDIVISION LESS THAN 25% TOTAL IMPERVIOUS SURFACE
AREA. AS PER STORMWATER PERMIT # SW8 061223
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition. (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The Town of Swansboro Sewer Svstem
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
_~-~
NICHOLAS SEMANDERES 9/18/07
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

STATE OF NORTH CAROLINA
DECLARATION OF CONSERVATION
COUNTY OF ONSLOW COVENANTS AND RESTRICTIONS
THIS DECLARATION OF CONSERVATION COVENANTS AND RESTRICTIONS
("Declaration") made this day of , 2007, by and between C & N
DEVELOPERS, INC., a North Carolina corporation (hereinafter called "Declarant") .
BACKGROUND STATEMENT
Declarant is the owner of the real property described in Paragraph 1 of this Declaration
and desires to subject said real property to the restrictions hereinafter set forth, each of which are
for the benefit of such property and for each owner thereof, and shall inure to the benefit of and
run with said property, and shall apply to and bind any owner of said property and any successor
of such owner.
NOW, THEREFORE, Declarant hereby declares that the real property referenced in
Paragraph 1 hereof shall be held, transferred, sold, and conveyed subject to the restrictions set
forth below:
1. DESCRIPTION OF RESTRICTED REAL PROPERTY:
The real property which shall be held, transferred, sold, and conveyed subject to
the restrictions set forth in this Declaration is located in the County of Onslow, State of North
Carolina and is more particularly described as follows (hereinafter called the "Wetlands Area
Property"):
Being all of the property depicted as "Wetlands" on that plat
entitled "Hall's Creek North Section III-A", which plat is recorded
in Map Book 54, Page 33, Slide M-147, in the office of the
Register of Deeds of Onslow County. No property other than the

property depicted as "Wetlands" on the aforesaid map is
encumbered by this Declaration.
THERE IS EXCEPTED, HOWEVER, from the foregoing
Wetlands Area Property all of the property depicted as Impact
Area #1, Impact Area #2, Impact Area #3, Impact Area #4, and
Impact Area #5, as the same are shown and delineated on the map
prepared by Parker & Associates, Inc., entitled "Wetlands -Overall
Map -Sheet 2 of 8 Halls Creek North Section III", a copy of which
is attached hereto as Exhibit A, and is incorporated herein by
reference for. a depiction of the Impact Areas excluded from the
definition of Wetland Area Property.
2. WETLANDS AND CONSERVATION SPECIAL PROVISIONS:
(a) Compliance with Wetlands Regulations: It shall be the responsibility of
each owner of a lot shown on the recorded subdivision map of Hall's Creek North Section III,
prior to alteration of such lot, to determine if any portion of the lot is included in the Wetlands
Area Property. Any fill or alteration of such Wetlands Area Property shall conform to the
requirements of state wetlands rules adopted by the State of North Carolina in force at the time
of the proposed alteration. The intent of this deed restriction is to prevent additional wetlands fill
in the Wetlands Area Property, so the lot owner should not assume that a future application for
wetlands fill in the Wetlands Area Property will be approved. The lot owner shall report the
name of the subdivision in any application pertaining to wetlands rules. This covenant is
intended to ensure the continued compliance with wetlands rules adopted by the State of North
Carolina; therefore benefits maybe enforced by the State of North Carolina.
(b) Conservation Areas: The areas depicted as "Conservation Areas" on the
plat recorded in Map Book ,Page ,Slide ,shall be maintained in
perpetuity in their natural or mitigated condition. The Wetlands Area Property and the
Conservation Areas are the identical property. No person or entity shall perform any of the
following activities on such Conservation Areas:
(i) fill, grade, excavate or perform any other land disturbing activities;
(ii) cut, mow, burn, remove, or harm any vegetation;
(iii) construct or place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures;

(iv) drain or otherwise disruptor alter the hydrology or drainage ways of the
conservation area;
(v) dump or store soil, trash, or other waste; and,
(vi) 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, and therefore maybe enforced by
the United States of America.
3. GENERAL PROVISIONS:
Section 1. Term: These restrictions are to run with the land and shall be binding
on all parties and all persons claiming thereunder for a period of twenty (20) years from the date
this Declaration is recorded, after which time such restrictions shall be automatically extended
for successive periods often (10) years.
Section 2. Enforcement: In the event of a violation or breach of any of these
restrictions by any person or concern claiming by, through or under the undersigned, or by virtue
of any judicial proceedings, the Declarant, its successors and assigns, and the owners of the lots
in the subdivision, or any of them, jointly or severally, shall have the right to proceed at law or in
equity to compel compliance with the terms thereof or to prevent the violation or breach of any
of them. Costs and reasonable attorneys' fees shall be recoverable by the person or party seeking
to compel compliance with these restrictions as part of any judgment or order issued. The failure
to enforce any restriction contained herein, however long continued, shall not be deemed a
waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or
subsequent thereto and shall not bar or affect its enforcement.
Section 2.1. Remedies Extended to the State of North Carolina. To ensure that
this subdivision is maintained consistent with the laws of the State of North Carolina, the State of
North Carolina is specifically empowered to take such acts necessary by and through its officers
to enforce any of these restrictions against any owner. The State of North Carolina is
specifically made a beneficiary of these restrictions.
Section 3. Modification of Restrictions. These restrictions may not be altered,
modified, canceled or changed at any time as to said subdivision, as a whole or as to any

subdivided lot or part thereof, except by a document executed by the Declarant or its successors
in title and by the owners of not less than seventy-five percent (75%) or more of the subdivided
lots, and recorded in the office of the Register of Deeds of the County in which this Declaration
is recorded.
Section 4. Special Provision Relating to Amendment. No amendment shall be
valid to affect the provisions of this Declaration (Wetlands and Conservation Special Provisions)
unless the amendment contains the written authorization, approval and execution by the United
States of America, U.S. Army Corps of Engineers, Wilmington District, or its successor
regulatory agency or authority.
Section 5. Severability. Invalidation of any one of these restrictions by judgment
or court order shall in no way affect any other provision which shall remain in full force and
effect.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed in a form
so as to be binding the day and year first above written.
C & N DEVELOPERS, INC.
By:
President

COUNTY, NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document for the purpose(s) stated
therein, in the capacity indicated, and having been first authorized to do so:
of C & N Developers, Inc.
Date
(Official Seal)
(insert name of signer), President
Signature of Notary Public
My commission expires:
Notary seal or stamp must appear within this box.

07- 1 758
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WETLANDS -VICINITY SKETCH -1 Sheet of 8
~~.~
HALLS CREEK NORTH C&N Developers, Inc.
SECTION III 3257 Henderson Drive Extension
P.O. Box 387
Swansboro Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28546
Parker & Associates, Inc. g,~ ~~~~,
Consulting Saefaeere P.O. Bo: ale -88641-007A
Land 3urveyore -Lend Ple.nnere 9oe ~°" ~~e ~"O0t - ~~
Jaclo~on+itle. Nwrth Carolina
Phone (A10) 466-?•414 - !az [phone]
~ ~ 2~

IMPACT
AREA #5
1339.71 S.F.
~ A oximate Run
Wetlands i PP-"
Creek Court • • -~ / / of Hatls Creek ~I
50 R/W '' Perennial Stream ~~I
1
32 "~
I • • - • . \ ~ • • J 42 ~ 31 •) IMPACT z a
`- • • 1 -^ ~ AREA #I
t \ • ~ ~ I 908.22 SF
43 ~ ~`` ~ 33
I 30 ; \ Creek End Ct.
w ,~ \' 1 50' R/ W
O ,/ ~ .•~.
Z .~ 29 ~: • ~ • • ~ 34 Intermittent
tzf 45 Stream Ghcrnel
onU,~~.
`T~ jJ p~ ~•I O ' • 27 / ' 28 35
~y ~-•' ~ ~ Garnet Ct. ~ ~ \ IMPACT
,'".~ ~ I 47 •50' R/ W AREA #4
o / • 26 37 \ 1031.45 SF
~ C •,~ .) / 18 25 24 38 ~<n ~ 3 i
'~^ .-• 6°
Boathouse Ct. Wetlands`. Iq• ~~• ~ : 22 39
50' R/W O ' ~ ,~ 4~'j
~-' ~`\ \
' f . 17 20 21 \. O '.
~ ,• ~
I ~ n ;
.O 13 ~:~ -,
Sea I1 15 2
Grass Ct. 3 IMPACT
50' R/W ~ 14 43.95 S
to O a ; : 1O ~ IMPACT
. _ ° AREA #3
O ~ ~' \ '~ 953.76 5 t_ot 2
IMPACT O ~~~ t .~ ~ Porto, ~
AREA #6 `' ~ T 5°`tj~
700.85 SF I ` .q 7 ~ ~ 6 ` r~ s~, PG. X63
8 ~ ; ~ ~ {ntermittent Com4inatfon ~ SR- Qo F
~ \, ~ 4 ~ _ ~ Stream ChawY•~el ~, n t 12 "Q v
~ Old Ncmmocks
Sand ~~ ~ ' ~ E hmerat M.s. 'w, Po. 225
- - ~ Y P R-20 2a~e
Grove Drive / ~~ 2; ~ ~/ Stream Channel s~ngi~ Familr
50' R/ W ~~ ~ ; `
~-- ~ ~ ,l~p8tliifip~
~~. 14~' ~ oaa` Old "ammocks ~~s~~~.`~ CARp[o~ o,
Wetlands ~ t3 ~`' ~4 M.B. 43, Pg. 63 r ®.®''''•••••,a ~ `•
Line `- ~,-F1~ ~~~t,~1~' R-20 Zone ,~®~ »•' ~~G~~~Q~• 9 '•.
~~~'" g~'•,~ Single Family ~~~Ci;'~`
X4575
Old "ammocks a Bi "s~ e° ~ ~
Section I I ~°~' r'~9y~°° ~~~1(V~.~~,• ~
M.B. 44, Pg. 89 °'.s O~'••.....•••°•~ ,m`` ~~~ $'0 7
SRg e0 amcy ,~~r''hy~~~ 5+ ~~®,+a
WETLANDS -OVERALL MAP -Sheet 2 of 8
~.,, q_„_~, ,,,,~ _ ,,,d•d ~„„ SCALE 1 "-300'
o,~ ~,
HALLS CREEK NORTH C&N Developers, Inc.
SECTION III X257 "~P o ~°r3~7 EXt~,sian
Swansboro Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28546
Parker & Associates, Inc. g~~~
Conaultting Engineers P.o. Hoz ~!! -88641-•ofa7e
y Lead Planners 906 New street - 8ebw
Laud 3urve orb - 7aabon~IIl~s, North Carolina
Phone (silo) 466-8414 - I~'a: (!>io) 466-3441

~ 301 _
t
~ _
~.--~
~~~~ ~ ~
_ , ~~
WETLANDS/
LINE
-.may ~i i ~~r ~ n~•~ ~~
SCALE i"=50'
Crcek End Court 50' R/W
STA. 10+68t
LEGEND:
R/W -Right-of-way 24
C~ -Centerline
3(0 - Lot Number
t~ RCD -Rock Check Dam 20
®RRA - Rip Rap Apron
--~-- - Flow Arrow
RCP - Reinforced Concrete Pipe
- • • - - Wetlands Line
- • • • -- Swale or Ditch 16
- - - -- Easement Drainage
12
8
4
60 40 20
~~ ~/
I ~
I ~ I ~
26 L.F. OF I R
_-. i
0 20 40 60
:IP
r
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r s .•
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VERTICAL SCALE 1"=5'
~ORIZDNTAL SCALE 1"=50'
,~,,, ,~, A,,,` WETLANDS -EXHIBIT MAP - 3 Sheet of S
HALLS CREEK NORTH C&N Developers, Irt~.
SECTION III 3257 Henderson Drive Extern
P.D. Box 387
Swansboro Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28546
Parker & Associates, Inc. 5,~ ~f~a,
Consulting Engineers P.o. Boz o7e -28641-0076
Land Surveyors -Lead Planners 9oe N°" ~~° meet - 2e640
P>t4oae (fi10~6-2414N~ !az (ti 01)466-5441

R/W ~ R/W

4' SIDEWALK
- TemporaryRock ~ -
Check Dam and
Sediment Trap ~ ` ~ 5: SWAL \'`~O ~''~ / ~ ~- ~- /
~ /~

~
~`. / •- • 1 ~ /
~ I I w>rTLANt~s

~ ~ `~~
'~ LINE
/
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..
l5 , L~
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ex. ditch
I
6
~ ~' JC`Y

Inv. Out ~
- ~
•
/ 36' RG
J
Fx. Grade / / ~ -- `~ ~: / • ~

STREAM IMPACT - '' • • ~ •
;; •
~~~ / ~ ~ O
AREA #1 \
O / ~
/
~
IMPACT
21
-
~
`
~/ '
/
AREA #2 , :
~ f
:
~
_
'- ~~~
4643.95 SF
SCALE 1"=50' Inv. In
Sand Grove dr. 50' R/W o.5' Betow
Sta. 11 +0(o t
3' C
RASSED Ex. Grade
x
UTILITY STRIP
LEGEND:
R/W -Right-of-way
~ -Centerline
3C
36 -Lot Number
~ RGD -Rock Check Dam
® RRA - Rip Rap Apron
-..t- - Flow Arrow

RGP - 26
Reinforced Concrete Pipe
- • • - - Wetlands Line
- • • • - - Swale or Ditch

22
IS
14

iaeeaeeeejeo
CA~Q~~%
•ep~~s
SS/n::~-4
• N
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f
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et., or •.....• .~ -sma
ee~/'e e /lee -~ ~ °°°e
10 ~ J'~/
60 40 20 0 20 40 60 ~,~$.01
l i"(PACT AREA #2
VERTICAL SCALE 1"=5'
HORIZONTAL SCALE 1"=50'
,~,,,~ ,_„~., ,,,~ _ ~ WETLANDS -EXHIBIT MAP - Sheet 4 of 8
.,
HALLS CREEK 1'~TORTH C&N Developers, Inc.
SECTION III 3257 Henderson Drive Extension
P.O. Box 387
Swansbora 7wp., Onslow Co., North Carolina Jacksonvllte~ North Carolina 28546
Parker & Associates, Inc. ~,~a
conauttinE En~iaeers p.o. ~ tare - Bassi-oom
ISnd Surveyors - I.snd Planners ~~ ~ ~~
Phone (saio) sss-zsis - t-u (9io) ~aa-s~i

• o \ \ 1 \\
\\ ~ \ `~ ~9 ~ ` ~ .
\ ` 84 tF,QF ~ ~

4' SIDEWAL -~ ~ '~

•, }~- _
~ ~ _ ~
WETLANDS
i ~ ' _. ~ -
' i 18.91 LINE
6
-

STREAM IMPACT -
~
AREA #2 ~- • ' / ~~
Inv. In
~
.' "" • • ~ 0.5' Below
/ /
...
. ~ Ex. Grrade

O
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t /
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/
'
1
/
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~
nv.
u ~
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` IMPACT
0.5' Below
d -1 ~- .~
.
. ... ~
/
~~~~~
~
~
~
~
~ AREA #3
Ex. Gra
e ~
~
_
\ 1 ~ - ~. = - ~
\ ~o \ 2953.76 5
'

\ ~
~ 3
GRASSED
'
'
• , / \
R , UTILITY S
RIP
T
SCALE 1"=50'
Greek End Court 50' R/W
Sta. 3+50t

LEGEND:
R/W -Right-of-way
~ -Centerline 3D
36 -- Lot Number
u.~o RGD -Rock Check Dam
® RRA - Rip Rap Apron 26
-~.f-- - Flow Arrow
RCP - Reinforced Concrete Pipe
- • • - - Wetlands Line
- • • • - - Swale or Ditch
22
fib
T4
10
'ade
~~i
~Q t,,
~q s
~eqs ~~// ,~~
>~0~;•.9 ~•.
~'• •
l~
AL
• A
i 75 ~'
• A ~
~ ^ 4
~ ~• a°w
s • • ~~~
VERTICAL SCALE 1"=5'
1-IDRIZONTAL SCALE 1"=50'
,~,,,~ ~_„-0, ,,,,,,~ _ ,~,d . WETLANDS -EXHIBIT MAP - Sheet 5 of 8
o„~., .
HALLS CREEK NORTH C&N Developers, Inc.
SECTION III x257 Henderson Drive Extension
P.D. Box X87
Swansboro Twp., Onslow Co., North Carolina Jacksonville, North Carolina 2854(0
Parker & Associates, Inc. ~~~i~a,
Consulttn,~ En~iaeers P.O. Boz ale - 2864!-0a7e
Land Su;veyars -Land Planners roe N"" ~° ~'O0k -28640
Jackyoani110. North Caroliaa
Phone (aio) 466-24i4 - P'az (aio) 466-9441

4' SIDEWAL~
.._- --~
1 ~
~'9'-tF` eF\ ~
..
WETLANDS ~'' '~ `~
LINE ~
23
~~
~~. `\'
Inv. Out
.5' Below
\~
~\~
~ ~
x.002
3' GRASSED
UTILITY STRIP
23 --
_ 37 2~2f ,~`
/' LGTT /,,
/-~/ ~ •' 1
~ ~ .C
~ ~
~'~ / I0.5' Below
%~- Ex. Grade
/ '
~ ~/

~ ~ 22 ` 2~' 1 ~ ~~ N ~ IMPACT
~ ~- ~\ ~B . / 38 ~ ~ 1 ~nREA st4
SCALE 1"=50'
Greek End Court 50' R/W
Sta. 5+70t

LEGEND:
R/W -Right-of-way 30
~ -Centerline
3(0 - Lot Number
~ RGD -Rock Check Dam 2b
®RRA - Rip Rap Apron
-.f-- - Flow Arrow
RGP - Reinforced Concrete Pipe
- - - Wetlands Line
- ~ ~ ~ - - Swale or Ditch 22
18
14
10
b0 40 20 ~ 0 20 40 60

rade~ N~~tettaiiq~~ ~
e ~o.•~~H CARD~% •.,
©~ ,,.r..~+..., y9•.
~ ~e~o ~~s ~ ,w
~ ® ~4` i ~ +a
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Bd, ~ A aoee assess ` ,~~
.,~~aYa`Qy nn1 `~ ~ ,,
i MpAC"1'" ARFA #4 ti-13~~
VERTICAL SCALE 1"=5'
~-IORIZONTAL SCALE 1"=50'
WETLANDS -EXHIBIT MAP - Sheet 6 of 8
~~.~
HALLS CREEK NORTH C&N Developers, Inc.
SECTION III 3257 Henderson Drive Extension
P.O. Box 387
Swansboro Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28546
Parker & Associates, Inc. g~i~,
Consulltin~ Engineers P.o. >~ 9r6 -28641-o97'a
Land Surveyors -band Planners 90e ~°" ~~° $trO°t - ~~
JacloonHne. North Carolina
Phone [phone] - Faz (910) 466-Si41
n

4'
wETl~wns 1 `1 ~~, ~ ~, ~\
LINE ~ ~ ~ `
\ \
~ ~\ \
~ ~
STREAM IMPACT ` ~ \ ~~~ \ ~
AREA #3 ~ ~ ~
1 ~ ~
Inv. Out
.5' Belot
I MPAGT
AREA #b
LEGEND:
R/W -Right-of-way 32
~ -Centerline
36 -Lot Number
slJl RGD -Rock Check Dam 28
RRA - Rip Rap Apron
~- - Flow Arrow
RCP - Reinforced Concrete Pipe
- • • - - Wetlands Line
- - • ~ - - Swale or Ditch 24
r
~ _ ~~.

.~ i //~::
2~ /
~ 2
i

~ /
l
~ ~%
~
3' GrRA55ED
UTILITY STRIP
\ , `,
°' \
\ ~ ~ \ ~
\ \ 15
aC$_ :. \ \
\ \ `__
~ ~- .~8- _
~0 26 \~'
_ ~
~~~~
~ ~
/~ 3
~~~_ ~~
~-
16

20
Ib
12
60
SCALE 1"=50'
Sand Grove Drive
50' R/W
Sta. 4+7f t
40 20 O 20 <l0 60

P
5'~E
sting grade
~'~ee®etooo•,,~~~
1~,y9P,
~~®~ESStp~y.,~ '''.,.
'9<'~ s
'~' SE~-L
. 14375 :. ~
°•'r~l
e~~•j
~ ~,`~,~ 1
II'`'IPAGT AREA #~
VERTICAL SCALE 1"=5'
WORIZONTAL SCALE 1"=50'
WETLANDS -EXHIBIT MAP - Sheet 8 of 8
ww«e q-~s-a~ nw~ - nea.e swo,~,. ems., erg nr~
HALLS CREEK NORTH C&N Developers, Inc.
SECTION III 3257 I-lenderson Drive Extension
P.O. Box 387
5wansboro Twp., Onslow Co,, North Carolina Jacksonville, North Carolina 2854(0
Parker & Associates, Inc. g,~ $°~iz~,
Consnltlin~ En~iaeers P.o. Ho: sale - 2864!-oY7e
Land Swweyord -Land Planners ~~n~ ~~ ~~
Phoae (>a10) 466-8414 - llht {p10) 466-9441
Q

.~..,F~°System .
PROGRAM
September 26, 2007
Nicholas Semanderes
C & N Developers, Inc.
PO Box 387
Jacksonville, NC 28541
Project: Halls Creek North Section III
County: ONSLOW
.07- 1 75 8
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 and is not transferable. If we have not received a copy of
the issued 404 Perrti.t/4Q1 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. 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
following table.
WHITE OAK
03020106 Stream (feet) Wetlands (acres} Buffer I
(Sq. Ft.) Buffer Ii
(Sq. Ft.)
Cold Cool Warm Ri azian Non-Ri azian Coastal Marsh
Impacts 0 0 204 0.266 0 0 0 0
Credits 0 0 408 0.532 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 [phone].
Sincerely,
illiam G lmore, PE
Duector
cc: Cyndi Kazoly, NCDWQ Wetlands/401 Unit
Brad Shaver, USACE-Wilmington
Joanne 5teenhuis, NCDWQ- Wilmington
Doug Huggett, NCDCM- Morehead City
Iason Houston, agent
File
~+-
RP.StDY[.`L~... ~ ~ ... PYOtECtl.Gt9 OGt.Y StGtt~ l~CDE~IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27'699-1652 / 919=715.0476 / www.nceep.net

.:~
Action ID. 2006 40112 067
County: Onslow
USGS Quad: Hubert
GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION

r
~~,CEIVE~ ~°
Property Owner : C&N Developers, Inc. Agent: Parker & Associates. Inc. ~A~~~ ~ ~
Address: attn: Nick Semanderes _ attn: Jason Houston
P.O. Boz 387 P.O. Boz 976
Jacksonville. NC 28541 Jacksonville, NC 28541
Size and location of property (water body, road name/number, town, etc.): The 40.57 acre tract (Halls Creek North
Section IIIl is located at the corner of Old Hammock Beach Road and Hammocks Beach Road just south of
Swansboro adiacent to an unnamed tributary of Oueens Creek Onslow Count
Description of projects area and activity: This nationwide 29 verification covers the impact to 0.266 acres of wetlands
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) 1 ~Tl~
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application dated 9/18/2007 and plans sheet 2 of 8 dated 9/18/2007, sheet 3 of 8 dated 2/13/2007,
sheet 4 of $ dated 9/18/2007, sheet 5 of 8 dated 9/18/2007, sheet 6 of 8 dated 2/13/2007, sheet 7 of 8 dated 2/13/2007, and sheet 8
of 8 dated 9/18/2007 sealed by Tim Stewart. 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 will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. 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 requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e:, are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
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 perm.ittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there aze any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver at 910-251-4611.
Corps Regulatory Official ~~ C ~(/~- Date: 10/8/2007=
Expiration Date of Verification: 10/8/2009
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.miUWETLANDS/index.html to
complete the survey online.
U.S. ARMY CORPS OF ENGINEER 7- 1 7 5 8
WlLN1INGTON DISTRICT
Page 1 of 2

Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act: Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
^ There are waters of the US and/or wetlands within the above described proj ect area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 8/22/2007. Action ID 2006 40112 067
Basis of Jurisdictional Determination: The subiect area exhibits wetland criteria as described in the 1987 Corns Deliueation
Manual and is abutting tributaries of Oueens Creek a navigable water of the US
Corps Regulatory Official; ~ _
Date 10/8/2007
Expiration Date 10/8/2009
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
Page 2 of 2

Halls Creek Section III
Onslow County
AID# 2006 40112 067
Special Conditions:
1) The permittee shall ezecute and cause to be recorded in the Onslow County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers (draft received via email 9/12/2007) for the purpose of
maintaining the conservation areas, as shown on the reviewed plat (entitled Halls Creek North III,
Wetlands Conservation Map dated 7/19/2007) 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) In order. to compensate for impacts to 0.266 acres of wetlands and 204 linear feet of channel, the permittee
shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP, sufficient to perform the restoration of 0.266 acres of riparian wetlands and
204 linear feet of stream channel in the White Oak River Basin, Cataloging Unit 03030001.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC-EEP
has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation
work required, in compliance with the MOU between the North Carolina Department of Environment and
Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November
4,1998.
Corp Regulatory Official (d~'/Q.l/` Date October 8, 2007