20110575 Ver 1_401 Application_20150815

11�LMG
rr LAND MANAGEMENT GROUP INC
Environmental Consultants
July 28th, 2015
TO: Mr. Chad Coburn
NCDENR Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 WQC /NWP 29 Application Resubmittal: Summerwalk Subdivision
New Hanover County, NC
DWQ# 11 -0575 & Action ID # SAW- 2009 -01214
Dear Chad:
,'. AUG 0 3 20/5 '.lJ/
Enclosed is a 401 WQC application for your review. This application is submitted on behalf of Mr.
Howard Penton with Summerwalk Development LLC for the construction of a mixed -use development
located off of Greenville Loop Road in Wilmington, NC. The applicant proposes to permanently impact 0.147
acre and temporarily impact 0.0054 acre of wetlands in order to gain access to the site and to construct
multi - family housing. The applicant has attempted to avoid and minimize impacts to wetlands and waters as
much as possible while still maintaining an economically viable project. Retaining walls and cantilevered
decks will be used to minimize impacts. To mitigate for unavoidable impacts, the applicant proposes to buy
into an approved private mitigation bank for 0.147 acre of non - riparian wetland restoration in the White Oak
River Basin. In addition, 0.528 acre of remaining wetlands on site will be placed in preservation.
Mr. Penton previously obtained a NWP 29 and 401 WQC for this project back in 2011. Because of
the economy, the project was put on hold and no work was completed. The housing market is rebounding in
the area and Mr. Penton plans to resume development. The Pre - Construction Notification form, associated
maps, and site plan are enclosed for your review. I have also mailed the application fee to your Raleigh
office. Please let me know if you have any questions or need additional information. Thank you for your
assistance with this project.
Sincerely,_
�J
��.
Kim Williams
Environmental Scientist
Encl.
C: Mr. Kyle Dahl, USACE
Ms. Jennifer Burdette, DWR
Mr. Howard Penton, Summerwalk Development LLC
www.lmgroup.net • info @lmgroup.net • Phone [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 1S, Wilmington, NC 28403

A_I�LMG
_ LAND MANAGEMENT GROUP INC
Environmental Consultants
July 28th, 2015
TO: Mr. Kyle Dahl
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: NWP 29 Application Resubmittal: Summerwalk Subdivision
New Hanover County, NC
Action ID # SAW- 2009 -01214 & DWQ# 11 -0575
Dear Kyle:
Enclosed is a NWP 29 application for your review. This application is submitted on behalf of Mr.
Howard Penton with Summerwalk Development LLC for the construction of a mixed -use development
located off of Greenville Loop Road in Wilmington, NC. The applicant proposes to permanently impact 0.147
acre and temporarily impact 0.0054 acre of wetlands in order to gain access to the site and to construct
multi - family housing. The applicant has attempted to avoid and minimize impacts to wetlands and waters as
much as possible while still maintaining an economically viable project. Retaining walls and cantilevered
decks will be used to minimize impacts. To mitigate for unavoidable impacts, the applicant proposes to buy
into an approved private mitigation bank for the restoration of 0.147 acre of non - riparian wetlands in the
White Oak River Basin. In addition, approximately 0.528 acre of remaining wetlands on site will be placed in
preservation.
Mr. Penton previously obtained a NWP 29 and 401 WQC for this project back in 2011. Because of
the economy, the project was put on hold and no work was completed. The housing market is rebounding in
the area and Mr. Penton plans to resume development. The Pre - Construction Notification form, associated
maps, and site plan are enclosed for your review. Please let me know if you have any questions or need
additional information. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Environmental Scientist
Encl
C: Mr. Chad Coburn, DWR
Ms. Jennifer Burdette, DWR
Mr. Howard Penton, Summerwalk Development LLC
www Imgroup.net • info @lmgroup net • Phone: [phone] • Fax- 910.452.0060
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403

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VOL-
Office Use Only.
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
®Section 404 Permit ❑Section 10 Permit
Corps
1b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? I ® Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply)*
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit
because written approval is not required? Certification*
❑ Yes ® No ❑ Yes ® No
1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ® Yes ❑ No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program
1g Is the project located in any of NC's twenty coastal counties If yes, answer 1h ® Yes ❑ No
below.
1h Is the protect located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No
2. Project Information
2a
Name of protect
Summerwalk
t--,
2b
County:
New Hanover County
I
2c
Nearest municipality / town,
Wilmington
!� nl J L'�
2d
Subdivision name-
Summerwalk
2e
NCDOT only, T.I P. or state
N/A
DENR - WATER RESOURCES I
ZI & BUFFER PERMITTING
project no:
3.
Owner Information
3a
Name(s) on Recorded Deed.
Howard A Penton III (R06211- 003 - 004 -000) & Shirley B Johnson Etal (all other sites)
3b
Deed Book and Page No.
5425 419
3c Responsible Party (for LLC if
applicable):
3d Street address:
3e City, state, zip Wilmington, NC
3f Telephone no
3g Fax no :
3h Email address
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4. Applicant Information (if different from owner):
4a
Applicant is-
❑ Agent ® Other, specify. Developer
4b
Name-
Mr. Howard Penton
4c
Business name
(if applicable):
Summerwalk Development LLC
4d
Street address:
6105 Oleander Drive, Suite 201
4e
City, state, zip:
Wilmington, NC 28403
4f
Telephone no.-
(910) 452 -1410
4g
Fax no.:
(910) 452 -7768
4h
Email address
5.
Agent/Consultant Information (if applicable)
5a
Name
Kim Williams
5b.
Business name
Land Management Group, Inc
(if applicable):
5c.
Street address,
3805 Wrightsville Avenue, Suite 15
5d.
City, state, zip
Wilmington, NC 28403
5e.
Telephone no
(910) 452 -0001
5f.
Fax no
(910) 452 -0060
5g
Email address-
kwilliams @lmgroup net
Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID)
lb Site coordinates (in decimal degrees)-
1c Property size:
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc ) to
proposed project
2b Water Quality Classification of nearest receiving water
2c. River basin
R06211- 003 - 004 -000, R06208- 013 - 012 -000, R06208-
013- 010 -001; R06208- 013- 009 -000, R06208- 013 -008-
000, R06208- 013 - 007 -000, R06208- 013 - 006 -000
Latitude 34.205752 °N Longitude* - 77.840564 °W
(DD DDDDDD) ( -DD DDDDDD)
25.5 acres
Bradley Creek
SC
White Oak River Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application.
The existing site is undeveloped and forested. Adjacent land use is undeveloped or residential
3b List the total estimated acreage of all existing wetlands on the property -
0.65 acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property -
N/A
3d. Explain the purpose of the proposed project
The purpose of the project is to construct a mixed -use development
3e Describe the overall project in detail, including the type of equipment to be used.
The project will construct 20 single - family lots, 107 multi - family units, recreational facilities, and 2 office buildings. The
applicant will clear vegetation within the proposed road corridors and limits of development Fill material will be brought to
the site as needed and roads will be constructed Utilities will be placed within the road rights -of -way. Buildings will then
be constructed. _
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments*
4b If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final
of determination was made?
Agency /Consultant Company.
4c If yes, who delineated the jurisdictional areas? Southern Environmental Group, Inc &
Name (if known): Land Management Group
Other
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Emily Hughes with the ACOE approved the wetland line for the area off of Greenville Loop Rd on 04/18/11 (Action ID# 2009-
01214) Ms Hughes signed the wetland survey for the larger site on 8/7/12.
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions.
Mr. Penton previously obtained a NWP 29 and 401 WQC for the same site plan back in 2011 (Action ID# 2009 -01214 &
DWQ# 11 -0575) However, because of the economy, the project was put on hold and no work was completed The
housing market is bouncing back in the area and Mr Penton plans to resume development
6. Future Project Plans
6a Is this a phased project? ( ❑ Yes ® No
6b If yes, explain
Page 4 of 11

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a 2b 2c 2d. 2e. 2f
Wetland impact Type of jurisdiction
number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ — non -404, other) (acres)
Temporary (T)
Construction ® Yes ® Corps 00007
W1 []POT Non - riparian ❑ N ® DWQ
2h Comments Total Impacts Permanent 0 147 ac Temporary 0 0054 ac
access
3. Stream Impacts N/A
o
W2
®P ❑ T
Fill /culvert for road
Non - riparian
® Yes
❑ No
® Corps
® DWQ
0.014
3a. 3b
crossing
3e. 3f.
3g
Stream impact Type of impact
Stream name Perennial
W3
[:]POT
Construction
Non - riparian
® Yes
❑ No
® Corps
® DWQ
0.002
intermittent
DWQ — non -404, width
access
Temporary (T)
(INT)?
other) (feet)
feet
W4
❑ P ®T
Construction
Non - riparian
® Yes
® Corps
® DWQ
00007
access
❑ Corps
❑ No
S2 ❑ P ❑ T
❑ INT
W5
®P ❑ T
Fill for multi - family
Non - riparian
® Yes
® Corps
0 133
❑ INT
❑ DWQ
units
❑ No
® DWQ
W6
❑ P ®T
Construction
Non - riparian
® Yes
❑ No
® Corps
® DWQ
0.002
access
2g. Total wetland impacts
0.1524
2h Comments Total Impacts Permanent 0 147 ac Temporary 0 0054 ac
3. Stream Impacts N/A
If there are perennial or intermittent stream
impacts (including temporary impacts)
proposed on the site, then complete
this
question for all stream sites impacted
3a. 3b
3c. 3d.
3e. 3f.
3g
Stream impact Type of impact
Stream name Perennial
Type of jurisdiction Average
Impact
number -
(PER) or
(Corps - 404, 10 stream
length
Permanent (P) or
intermittent
DWQ — non -404, width
(linear
Temporary (T)
(INT)?
other) (feet)
feet
❑ PER
❑ Corps
S1 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S2 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S3 ❑ P ❑ T
❑ INT
❑ DWQ
3h
Total stream and tributary impacts
3i Comments:
Page 5 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts. N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then individually list all open water impacts below.
4a 4b. 4c 4d 4e
Open water Name of waterbody
impact number— (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑P FIT
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T -
0. Total open water impacts
4g Comments
5. Pond or Lake Construction: N/A
If pond or lake construction proposed, then complete the chart below.
5a 5b 5c 5d
Wetland Impacts (acres) Stream Impacts (feet)
Pond ID Proposed use or purpose
number of pond
Flooded Filled Excavated Flooded I Filled Excavated
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no'
5e.
Upland
(acres)
Flooded I
1
1
5i Expected pond surface area (acres)
5t Size of pond watershed (acres)
5k. Method of construction
6. Buffer Impacts (for DWQ): N/A
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then
you MUST fill out Section D of this form
6a.
❑ Neuse El Tar-Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b 6c 6d
6e 6f 6g
Buffer impact
number — Reason
Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary (T) impact
required?
❑Yes
131 ❑P ❑T
❑ No
❑ Yes
B2 ❑ P ❑ T
❑ No
❑Yes
B3 ❑P ❑T
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The applicant has attempted to avoid and minimize impacts to wetlands and waters as much as possible while still
maintaining an economically viable project This project is located in a high - profile area and its design has had
considerable input from area residents and the City of Wilmington The site plan has been redesigned several times to
reduce impacts and still meet the requirements of stakeholders The width of the road crossing (Impacts #1 -3) has been
reduced by using a retaining wall The applicant has reduced impacts further by omitting and cantilevering decks over
wetlands. He attempted to reduce the size of Impact #5 by moving units or lots to uplands located at the southern end of
the property However, this southern area has several constraints All multi - family units must be located near the front of
the site per City requirements The City also requires that all structures be located within 500 feet from a right -of -way
Most of the southern area is beyond this threshold Furthermore, topography would make it very difficult to provide sewer
to this southern area Because of these developmental restrictions, the applicant has designed a large upland /wetland
green space in this southern area, which the City has strongly encouraged This area will be located near the large
wetland pocket on site, which will serve to enhance it The applicant is also required to make significant improvements to
Greenville Loop Road, at a considerable expense He will construct a retaining wall along Greenville Loop Road in order
to avoid impacts to wetlands during construction of a turning lane. Because of the costly road improvements and other
requirements, the applicant is unable to eliminate additional units or lots from the site without creating a project that is no
longer economically feasible
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Silt fencing will be installed to prevent erosion into adjacent wetland areas Retaining walls will be used to minimize
impacts
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b If yes, mitigation is required by (check all that apply)
2c If yes, which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank:
3a. Name of Mitigation Bank To be determined
3b Credits Purchased (attach receipt and letter)
3c Comments:
4. Complete if Making a Payment to In -lieu Fee Program:
4a Approval letter from in -lieu fee program is attached
4b Stream mitigation requested,
4c If using stream mitigation, stream temperature
4d Buffer mitigation requested (DWQ only).
4e Riparian wetland mitigation requested
4f Non - riparian wetland mitigation requested
4g Coastal (tidal) wetland mitigation requested
❑ DWQ ® Corps
® Mitigation bank
❑ Payment to in -lieu fee program
® Permittee Responsible Mitigation
Type Non - riparian I Quantity 0147
❑ Yes
N/A
❑ warm ❑ cool
N/A square feet
N/A acres
N/A acres
N/A acres
❑cold
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan:
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Applicant will preserve all remaining wetlands on site (approx 0 528 ac).
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the protect result in an impact within a protected riparian buffer that requires I El Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required NIA
6c 6d. 6e
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1 5
6f Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
N/A
6h. Comments N/A
Page 8 of 11

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments-
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 2499
2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No
2c If this project DOES NOT require a Stormwater Management Plan, explain why:
2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan -
Engineer is currently working on the stormwater plan, which will be submitted shortly to the City of Wilmington
® Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review:
3a
In which local government's jurisdiction is this project?
City of Wilmington
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other.
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review: NIA
❑ Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes No
attached? ❑
5. DWQ 401 Unit Stormwater Review: NIA
5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
letter.) E] No
Comments
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b Is this an after - the -fact permit application? ❑ Yes ® No
2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
Project will not provide access or utilities to adjacent tracts All remaining wetlands will be preserved
4. Sewage Disposal (DWQ Requirement)
4a 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.
Project will tie into the local sewer system.
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted.
❑ Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Data Explorer website was used to determine the presence of federally listed species No
federally protected or state - protected species are known to occur within the site Several rare species have been
documented within a one -mile radius of the site, but most of these are historical or of low accuracy
6. Essential Fish Habitat (Corps Requirement)
6a. Will this protect occur in or near an area designated as essential fish habitat? I ❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. The project area is not considered EFH or HAPC
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ® No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC SHPO HPOWEB GIS service website was used to determine the presence of cultural resources. One surveyed
site was noted adjacent to the tract, off of Bagley Drive (NH1782). The website notes that this house is gone. No other
cultural resources were noted on or adjacent to the site.
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No
8b If yes, explain how project meets FEMA requirements
8c. What source(s) did you use to make the floodplain determination? The NC F000dplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain.
Kim Williams 07/28/2015
Applicant/Agent's SI
Appllcant/Agent's Printed Name nature Date 9
(Agent's signature is valid only if an authorization letter from the applicant
is provided )
Page 11 of 11

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Summerwalk site in Wilmington, NC. All questions in regards to this project should be
directed to Land Management Group, Inc.
Sincerely,
Owner/ ppliLant
i
Print Name
/1,7 'Cote,
I / Date

-�- hfnr
Nati
f
Carolina
-ial Estuarine
rch Reserve
`Boundaries are approximate and are
-iot meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 84.2003
Summerwalk LMG
I.A�U MAN AG A11:Nf (:NULY ..
New Hanover County, NC F
July 2015 www.Imizrouo.net
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
40 -11 -032 Phone: [phone] Fax: [phone]
Ma
Inlet
SCALE 1" = 1 Mile
Figure 1
Vicinity Map

not meant to be absolute. momi
Map Source: Wrightsville Beach Quadrangle 7.5 minute (topographic) 1990.
Summerwalk
New Hanover County, NC
July 2015
40 -11 -032
LMG
LAND MANAIA MI. N'1 IMIL Y
Fnvrnnmvn!ni :rrn.u:fnnl
www.lmgroup.net
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
Phone: [phone] Fax: [phone]
SCALE 1" = 1000'
Figure 2
USGS Topographic Map

not meant to be absolute. Se. Seagate fine sand
Map Source: NRCS Soil Survey. TM: Tidal Marsh SCALE 1" = 300'
Summerwalk LMG
New Hanover County, NC "' Figure 3
July 2015 www.lmgro__up.net Soils Map
3805 Wrightsville Avenue; Suite 15
40 -11 -032 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

not meant to be absolute.
Map Source: 2006 NAPP Aerial Photography
Summer valk
New Hanover County, NC
July 2015
40 -11 -032
LMG
www.lmgroup.net
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
Phone: [phone] Fax: [phone]
SCALE 1" = 300'
Figure 4
Aerial Photograph

No,
I
{I
I
IMPERVI Ol15 ARFA CAICUIATIONS
RESIDENTIAL-
TOTAL BUILDINGS - 119,517 S.F.
TOTAL IMPERVIOUS PAVEMENT = 17,871 S.F.
TOTAL POOL FACILITY = 3,259 S.F.
TOTAL SIDEWALK/PATIOS (24,451 SF.) = 9,780 S.F.
TOTAL PERVIOUS PAVEMENT - 35.722 S.SF.
(TOTAL AREA = 90,305 S.F USE 6DX AS PERVIOU)
TOTAL RESIDENTIAL IMPERVIOUS = 186.149 S.F. (20.88x)
OA1 SITE
TOTAL BUILDINGS - 29,700 S.F.
TOTAL SIDEWALKS (5,547 SF.) = 2,219 S.F.
TOTAL IMPERVIOUS PAVEMENT = 19,137 SF.
TOTAL PERVIOUS PAVEMENT = 43,668 S.F.
(TOTAL AREA = IO9.170 SF. USE 6OX AS PERVIOUS)
TOTAL Oad IMPERVIOUS - 94,724 S.F. (40.77%)
TOTAL STE 25.80 AC. / 1,123.751 S.F.
ALLOWABLE IMPERVIOUS COVERAGE = 280.938 (25%)
TOTAL PRgIbED;= 2'80.873 S.F. (24.9910
STE DATA RESIDENTIAL TRACT
Current Zoning - R -15
Proposed Zoning - NFL (CD)
Acres - 20.46 Ac
Density Calculations:
MFL (CD) 20.46 -10d./Ac = 204 units
Proposed - 107 units (2 Bedroom Townhomes)
20 Single Family Homes
Proposed - 127 units total
Parking - Min. Required - 2 p.s. 12 Berms - 254
- Max Required - 2.5 p.s. / 2 Berms - 318
Residential Parking Provided : Townhomes = 214 spaces (1 Garage, 1 Driveway) + 32 Surface Spaces = 246 total
Single Family = 80 spaces
(40 in d /w. 40 in garage)
Bldg. height - 35' max
Open Space - 35% tract area
- Required 35% •20.46 Ac. (total residential Ac.) = 7.16 Ac.
- Proposed - 11.57 Ac.
Open Space 11.57 Ac.
Landscaping, Buffering, k other open areas 3.75
Recreational Space : 127 Units at 0.03 oc / du = 3.81 Ac. Required
2.10 Ac. Active = Pool, Walking Trails
2.20 Ac. Passive
Revision t1i(e By Ntll/p took 1• =100'
GSP
prow. ey Dale
GSP JUNE 2011
tkw�4 N6"
P -0718 2011 -0002 W
WETLAND IMPACTS
PERMANENT IMPACTS:
WETLAND IMPACT p1 -
5LDj&QL TABLE
WETLAND IMPACT p2 -
0&1
MF -L
90 SF
REQUIRED
REWIRED
FRONT
20'
35'
I SIDE
10'
5'
I REAR
20'
25'
CORNER
20'
t0'
WETLAND IMPACTS
PERMANENT IMPACTS:
WETLAND IMPACT p1 -
32 SF
WETLAND IMPACT p2 -
609 SF
WETLAND IMPACT g3 -
90 SF
WETLAND IMPACT N4 -
30 SF
WETLAND IMPACT #5 -
5,772 SF
WETLAND IMPACT N6 -
80 SF
TOTALS -
6,613 SF (0.152 AC)
PROPOSED BUILDING
BREAKDOWN
RESIDENTIAL:
PREPARED FOR:
3 UNIT BUILDING
= 2.081 S.F. X 2
= 4,162 S.F.
4 UNIT BUILDING
= 2,742 S.F. X 4
10,968 S.F.
5 UNIT BUILDING
= 3,441 S.F. X 6
= 20,646 S.F.
6 UNIT BUILDING
= 4,100 SF. X e
= 32,800 S.F.
7 UNIT BUILDING
= 4,801 S.F. X 1
= 4,801 SF.
SINGLE FAMILY
= 1,859 S.F. X 20 = 37,180 SF.
POOL HOUSE
= 1,452 S.F.
= 1,452
SF.
RESIDENTIAL TOTAL = 112,009 SF.
Odd STE:
BUILDING /1 90' X 200• - 1$000 SF
BUILDING 02 90' X 130• - 11,700 S.F.
0 &1 TOTAL = 29,700 S.F.
TOTAL BUILDINGS - 141.709 SF
SUMMERWALK OVERALL WETLAND IMPACT PLAN
New Hanover County North Carolina
Av
SITE DATA M TRACT
Acres- 5.33 Ac. or 232,326 Sq. Ft.
Current Zoning- R -15 - 3.93 Ac
0& 1- 1.4 Ac +/-
Current Use- Vacant
Proposed Use - Professional office - 80,000 Af.
Bldg (1) - 3 story- 50,000 s.f.
Bldg (2) - 3 story - 30,000 s.l.
Building Lot Coverage : 29,700 s.f. - 12.78 X
Parking Required Maximum Minimum
Professional Office 400 266
0 k I Parking Provided = 320 spaces
Proposed Maximum Building Height = 45 feel
Y'
A
GRAPHIC SCALE
t inch - too fl.
PREPARED FOR:
CONSULTING,PLLC
Summerwalk Development, LLC
GSP
slxn H�
6105 oleand:r Drive
E N G I N E E R I N G
Suite 2 C
Wilmington, NC 28401
6626 Gmdan Road Unit C WilminAton, Nndh Carolina 28411 tel: [phone] fax: 910 - 79%659
W -2
A

X �a
?rr } \ J` ' nryi'4�Q`1J3 {.,
1 � 1 J'KJ 1 •- .�qb� tL' inJ�?i �'.�t i .f � J Iti -' n�`[1'" �-!'
WETLAND IMPACTS: ���•`�,Ve, -A[1
PERMANENT IMPACTS: I .,a\ ,rJnV �,'ry,•'' .a ':,'' trJ,.' r� �� 'i - `
WETLAND IMPACT #1 - 32 SF ,•;%,/hr.. G `j •'�' : �- __•'G. l �'�, /'�� ;`''' ?� :-
WETLAND IMPACT #2 - 609 SF
WETLAND IMPACT #3 - 90 SF •G 'J i' / G,r /, V '�/ /
WETLAND IMPACT #4 - 30 SF - , ',,.% ,,J -
�{� •� i/ G
WETLAND IMPACT #5 - 5.772 SF V + I c, i '} ✓�• -n(�1� „ yam" i
WETLAND IMPACT #6 - 80 SF r , �• r--- /,�,
��
TOTALS - 6,613 SF (0.152 AC) ' L•i Gy / �' �' `,rj� �' `�?( - ! ��
!,
.WET-LAND 1N 'D C-T #4 � 'WETL -AN ��IP -A T. -
i P. .. tt
kJE�MP0RARY) - �F (TEMPOR.ARY, ' 80
- WE- TLAND;- rMPAT^ 3' s: i, N 2$•55'30" E`350.20t
r
' - L J t
(TEMPDRAR.Y }l= 90" 'SF. ; ;� 105.6
f
5 _
—.. _ — — _ _ • — i
s
NV. IN I6 P.6 �' ' "� �y
`1ZN D -I'M' A E-TAININci
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-.
- - -
-
I
-
0/1:7 LID
5555
_ w 1
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i
-
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w �•L
-
--
-
--
W
- „-
i
NVERT tl ,A-REAw -� a.aoo°J _ ,w ., E -TL - 'M P #�
' VG AND. - ACT =-�►
00
_SF,
E7�52° w ``' qtr.. _ ' -
\ _ w. w �. - � '`� {TE-MPGRARY) 32 SF ;
9 30 06'30..W
4--
1,,r w - WETLAND IMPACT #5 1
(PERMANENT) — 5,772 SF LOi^
ul
1
117 / 4'
1,
:
tea,' a -- - - - - -- 1 fTV�f] Z
y. 1. ' -- - - - - -' - - '-- > - - - --
Cl
iy _
Ln
. -\ - n C;-
r
/f
., •,� cStJ_u
4
.810- RETENTION AREA
n nnnF7F7
F
l l _ _ _ . � I a
18'RCP - SS —55 15,R1'P n ss--r-
w w
L
W— w w a
Lip 431 15!_1'1 Ia1 I IF9�I\J,I I'rr�I
GRAPHIC SCALE
I
SCALE: 1" = 70'
No R'vision Dale fly I
1�p
o.+NK. wk I' =30'
PREPARED FOR:
GSP CONSULTING PLLC
'
I�1
a,
zon
SUMMERWALK
WETLAND IMPACT PLAN
6.m.me�,as °ego;Nm, °' "`
6105 Ole..d< Driee
E N G I N E E R I N G
W-`2
1
r
a -07,a
nmc
` zon -o0o2 I
Wilmington
New Hanover County North Carolina
_
Wilmi,gi -, NC 28401
6626 Gordon R..d Unil C Wilm'ngl.., North Carolina 29411 1,1:910.442 -7870 fat: 910. 799.6659

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2009 -01214 County: New Hanover USGS Quad: Seagate
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Summerwalk Development LLC
C/o Mr. Howard Penton
Address: 6105 Oleander Drive, Ste 101
Wilmington, NC 28403
Telephone No.: (910) 452 -1410
Agent /Applicant: Land Management Group
C/o Kim Williams
3805 Wrightsville Ave, Ste 15
WilminLyton, NC 28403
(910) 452 -0001
Size and location of property (water body, road name /number, town, etc.): The property is 25.5 acres located at 6120
Oleander Drive, west of Greenville Loop Road, Wilmington. New Hanover County, North Carolina. Parcel ID #s:
R06208 -013- 006- 000,R06208- 013 - 007- 000.R06208- 013 - 008- 000,R06208- 013 - 009 -000, R06208- 013 - 010 -001,
R06208- 013- 010- 002,R06208- 013 - 012 -000 and R06211- 0003 - 004 -000.
Description of projects area and activity: This permit authorizes the permanent discharge of fill material into 0.147
acres of non - riparian wetlands for the purpose of developing a multi -use residential and commercial development
to include 107 multi - familv units, 20 single family lots, recreational facilities and two office buildings. PLEASE
SEE SPECIAL CONDITIONS ON THE FOLLOWING PAGE.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subiect the permittee to a stop work order. a restoration order and /or appropriate legal
action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be
modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the
NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve
(12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms
and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401
requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please c tact Emily Hughes at (910) 251 -4635.
Corps Regulatory Official 1 ll _ �J� Date: August 9, 2011
Expiration Date of Verification: March 1� 20

SPECIAL CONDITIONS:
1) In order to compensate for impacts to 0.147 acres of non - riparian wetlands, the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined
by the NC EEP at a 1:1 ratio, sufficient to perform the restoration of 0.147 acres of non - riparian
wetlands in the Cape Fear River Basin, Cataloging Unit 03030005. 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 NCEEP has provided
written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required,
in compliance with the NCEEP In -Lieu Fee Instrument, approved by the United States Army Corps of
Engineers, Wilmington District on July, 28, 2010.
2) The permittee shall execute and cause to be recorded in the New Hanover County Register of Deeds the
restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the 0.528 acres
of on -site remaining wetland areas, 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.
kIN-
Corps Regulatory Official: Date:
t �
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 Customer Satisfaction Survey located at our website at httn- / /reLulatory usacesurvev.com! to complete the survey
online.

Page 1 of 5
Kim Williams
From: Hughes, Emily B SAW [Emily.B Hughes @usace army mill
Sent: Friday, August 12, 2011 9:04 AM
To: Kim Williams
Cc: howard @pentondevelopment.com
Subject: RE- summerwalk (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Kim,
Sorry I didn't specify the temporary impacts in the Nationwide permit
verification. The 0.0054 ac associated with temporary construction impacts is
noted in the file. No revision of the permit tearsheet is necessary; you
should be ok.
Thank you,
Emily
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403
Office: (910) 251 -4635
Fax: [phone]
- - - -- Original Message---- -
From: Kim Williams [m ailto_kwilliamslmgroup, net]
Sent: Friday, August 12, 2011 8:43 AM
To: Hughes, Emily B SAW
Cc: howard_ )pentondevelopment.coni
Subject: RE: summerwalk (UNCLASSIFIED)
Hi Emily
I just got the NWP for Summerwalk and noticed that the permit only authorizes
the 0.147 acre of permanent impact, but not the 0.0054 acre of temporary
impact. Does it need to be revised to include the temp. impact or should we
be okay?
Thanks,
8/15/2011

AlVi-WAYWA
NC®ENR
North Carolina Department of Environment and Natural Resources-
Beverly Eaves Perdue
Governor
Summerwalk Development, LLC
Mr. Howard Penton
6105 Oleander Drive, Suite 201
Wilmington NC 28403
Division of Water Quality
Coleen H. Sullins
Director
August 4, 2011
DWQ Project # 11 -0575
New Hanover County
Subject Property: Summerwalk
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Penton:
Dee Freeman
Secretary
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.1524 acres of 404 wetlands to construct a mixed use development as described within
your application received by DWQ on June 15, 2011. After reviewing your application, we have
decided these impacts are below the threshold for written authorization as long as all conditions
of General Water Quality Certification Number 3821 (GC3821) are met. These certifications
may also be viewed on our website at htto:// h2o .enr.state.nc.us/nc,,vetlands. This Certification
allows you to use the Nationwide 29 Permit when issued by the US Army Corps of Engineers.
This approval is only valid for the purpose and design that is described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Wilmington Regional Office
127 Cardinal Drive E.tension,'Almi gton, North Carolina 28405
Nhcne 9'10-796-7215 �, EAY 910350 -2e04 \ Cus'omer Semce 18-17-623-67,43
intemet lrrn,w ncwaterquahty o g
A, F.p:a ,•upo b ado, .. if,, m, hw A, !101i n,pn Po,'r -11-P
3 !oill

2
Summerwalk
New Hanover
2011 -0575
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan at (919) 807 -6300 or
myself at our Wilmington Regional Office at (910) 796 -7215.
Sincerely,
ca, 4 �
Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3821
Certificate of Completion
cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Emily Hughes — USACE Wilmington Field Office
Ian McMillan — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
P-1- 7 � 7

L DANIEL S NORMILL PROFESSIONAL LAND SURVEYOR. CERTIFY THAT
INS IS A COMPOSITE MAP ONLY VAIN DATA BEING TAKEN FROM SOURCES
AS NOTED HEREON AND NOT FROM AN ACTUAL SURVEY; THAT THIS MAP
IS NOT IN COMPLIANCE VAIN SECTION .1600 OF THE BOARD RULES AND
6.5. 47 -30 AS AND THAT I= M j,f%Hfff PREPARED FOR
CARO(i��i
SEA L��y c
DANIEL S. NORMBE. PJS., L -4569- L-4569 �.
77ArAl „11IV1,,�•
THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS
THE BOUNDARY OF THE Ji dSDMTM OF SECTION 404 OF THE CLEAN
WATER ACT PURSUANT'
D£UNIEATK1N MANUAL A
IR A
TERMIIED BY THE UNDERS
CHANGE IN THE LAW OR
kItObk OF SECTION 404 JUI
3 F, V. 1£A7
WETLANDS
AREA 'C' a1 Z12
DETAIL m/� s
Z/ Zo , 21< 2&Or
13.V_13.ats
1) BEARINGS 3 DISTANCES ALONG WETLANDS LINES WERE
TAKEN FROM ACTUAL FIELD LOCATION USING A TRIAW
PATHFINDER PRO MAPPING GRAVE CPS UNIT.
2) THE BOUNDARY AS SHORN HEREON IS FROM A PARTIAL
SURVEY ON MARCH Q. 2011 AND FROM RECORDED DEEM
AN ACTUAL BOUNDARY SURVEY HAS NOT BEEN PERFORMED.
(AID
N ssof'16
BAGIdJ' 4VZII d JW r /aos
----- - - - - -- - --
WETLANDS TABLE AREA A (001
S 25'06'11' W
1499.64'
Xs M 49'1 V(
:5 N 4A'= -, W
X4 V
622 S 4656'57' E
4 xs
:KV X4
29J%15 822
37.3Z 809
WETLANDS TABLE AREA
C
S on, ' E,
DISTANCES
2611 21/X1
623
611
41.2Q 61
51.08 Bib
26.15
WETLANDS-,,,, \i
_
i
J I
P1
6.47
\ ii!
73
2233
N E
c ID�IOac '3810. a
n a3
Z17 Zia ao
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P 2827
27
a 1
S ri
--
- - - - -- - - -
- --
NIMES1HEM _
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a
11.58•
S 69�]' E �
48, PG MtB
N 18108'46' £
21.49'
7.12_
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S 895507• E
p® 100 C NTO N
N 26'06'31' E
r-AIA
$
N 6556'21' E
PAOE 2827
107.82'
Z14
N 383897' E
;49W
N 46'58'57' W
615
m L
146.91•
187.69'
N 73ss W1001.26'---
_
- - - - --
BEARINGS
DISTANCE
JPOIN7 f
AT
�gI.
2026•
N 26'08'03' E
� ®
N 26'11 04' E
WETLANDS TABLE AREA A (001
IPOINT # BEARINGS
609 S 2S`OWW_* W
DISTANCE PoFri"r %
i ?e' xs
Xs M 49'1 V(
:5 N 4A'= -, W
X4 V
622 S 4656'57' E
4 xs
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29J%15 822
37.3Z 809
WETLANDS TABLE AREA
B (0.03 ACRES)
POINT # BEARINGS
g
Zt(X7 N W44_29' W
623 [N 26, 31• E
611 S 18'S55r E
1 812 S 46'58.57' E
DISTANCES
2611 21/X1
623
611
41.2Q 61
51.08 Bib
WETLANDS TABLE AREA C ((X07 ACRES)
POINT 0
BEARINGS
DISTANCE -POINT it
614
S 695757' E
SOT'
613
613
298744' V1
26.15
Z5
ZB
h 1= W
6.47
Z7
Z7
N E
15.05
Z8
Z8
N 3058b8' E
2547
Z9
29
N 03W4r E
35AW
ZIO
210
N 2239'11' W
11.58•
zii
Zit
N 18108'46' £
21.49'
7.12_
4A09•
S 895507• E
77,61
Zt;5
23.83'
N 6556'21' E
2&3'?*
ZJ4
Z14
N 383897' E
;49W
615
615
S 2kIR03' W
146.91•
614
2B.7r
YIETL ANDS 'F' TABLE
PONT 8
BEARINGS
DISTANCE
JPOIN7 f
AT
N (4(4.41' W
2026•
Al2
A2
S p"'SQ• W
8.3_7'
/43
A3 S 31'02'05' W
8.56
A4
A4
S r�4">£2' E
13.65'
As
AS N 585L"1r E
1505'
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A6
S 491Dr07-' E
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L1&TLAHDS TAM AREA D ((IL16 ACRM
Ya
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42.4§'
Y8
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27.17' Y7
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27.12'
Y6
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21.36' Y4
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N 66'0Y,SL 1N�_1$•1
229
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314g�
Y2
7
WETLANDS 24 DATE: JUNE 2. 2012 ' ' 1 0
AA - TOP ABOVE GROUND SURFACE
p m.
80 - TOP BELOW GROUND SURFACE
Y7
N 03'49_20_ E
'°
W2
Art
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4A09•
VR
W3
S A.r4Y01'
23.83'
W4
W4
S 4852'18' E
2227'
WS
we
S 67.2717' E
2B.7r
W7
W7
I We S ¢7'IV3T 7
I w9 S X45' E
W10 $ Qw.2w I;
W11 S 22.4Q'4fC E
W12 ,4 375rsr E
W13 N OSWP Lr f
W14 N 4M9Fr y
W15 N 3498'01' E
WI8 A "',47R• E
W19 H 5759'37' E
W20 N 4.M2L-41
W21 N 4 rgo w
w22 N 3B 41''Sy' W
123 S @110'12• W
w24 N 3739'37' W
W28 N 8573'41' w
11.5r W29
W29 N 58'284' w
2&96'
W30
WJO N 58R8'Q }' W
3��w31
Z27 ' 65.07-
W31 N 25YS_V f
7.1Z
Z32
Z32 S 017704' E
82.75'
Zs
zs1 S ism*)'y' W
41,11T
Z30
2:30 S 0736'56- W
3678'
229
lao JLWA.S8' E 32.78' Z28
1 Z28 S 10.4731- W
_27 S 7'7'4/7'35' W
X228 S 171434' E
M S 1o•4ror W
224 S 3627?59' W
723 S 1959'40' E
Z22 S Q _r39' W
221 S 47'I6.2r W
Z20 S 1190.5$' w
219 S 2636'57' w
I Z16 S 6A708' E
J
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t DEED W 7 6141 • TRACT 6
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PAGE 2 1
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AUG 032015
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DEED OK S 1- 5144, PAGE 79
IRACIS
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7
WETLANDS 24 DATE: JUNE 2. 2012 ' ' 1 0
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P.O. BOX 778, BWL.AAAUE, N.C. 28518
SURVEY
10° PfOA= PHONE [phone] aAX: 910- 298 -2310
FILE NAM BmfmAR,0311 EMAIL: MLLJAMSOJWSURVEY.COM
...
f lie RE S6N14D1 " `
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AUG 032015
/

SECTION 3. Association shall mean and refer to EXTON PARK OWNERS'
ASSOCIATION, INC., a North Carolina non - profit corporation, its successors and
assigns, the owners association organized pursuant to the Act for the purposes set forth
herein.
SECTION 4. Common Elements shall mean and refer to all lands and
easements within or appurtenant to the Planned Community owned or enjoyed by the
Association, other than a Lot, and intended for the common use and enjoyment of the
Owners, including, without limitation, any private roads, storm water retention ponds
and waste water disposal systems. Common Elements shall also include any areas
designated on any plats for the Planned Community as "Open Space ", "Common Area ",
"Common Element ", "Recreation Area ", "Amenity Area ", or other similar designation.
SECTION 5. Common Expenses means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves.
SECTION 6. Common Expense Liabilitv means the liability for Common
Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise by
LV law.
�► SECTION 7. Conservation Areas shall mean and refer to all lands within that
area bounded by the bearings and distances of the line noted as "wetlands" on that map
of survey prepared by Johnny J. Williams Land Surveying, P.C. and signed and sealed
on April 4, 2006; minus that area which has been identified as "permanent impacts"
areas as per the approved United State Corps of Engineers Nationwide Permits 12 and
18., Action ID #
SECTION 8. Declarant shall be used interchangeably -with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context) and shall mean and refer to EXTON PARK, LLC a North Carolina limited
liability company, its successors and assigns, if such successors or assigns should
acquire undeveloped property from the Declarant or a Lot not previously disposed of for
the purpose of development and reserves or succeeds to any Special Declarant Right.
SECTION 9. Declaration shall mean this instrument as it may be from time to
time amended or supplemented.
SECTION 10. Executive Board or Board shall be used interchangeably with the
Board of Directors and means the body, regardless of name, designated in this
Declaration or otherwise to act on behalf of the Association.
SECTION 11. Limited Common Elements shall mean areas and facilities which
are for the exclusive use of the Lot Owner but which the Association is obligated to
maintain pursuant to the terms of this Declaration. The Limited Common Elements shall
consist of (i) the exterior of all dwellings, including by way of illustration, but not limited
2

(..Z
The following covenants are intended to ensure ongoing compliance with state
stormwater management permit number as issued by the Division
of Water Quality. These covenants may not be changed or deleted without the consent
of the State.
Built -upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
All permitted runoff from outparcels or future development shall be directed into
the permitted stormwater control system. These connections to the stormwater control
system shall be performed in a manner that maintains the integrity and performance of
the system as permitted.
These covenants run with the land and are intended to insure continued
compliance with the Stormwater Permit. Therefore, the covenants contained in this
section may not be changed or deleted without the consent of DWQ and the State of
North Carolina is specifically made a beneficiary of these covenants. The provisions of
the Stormwater Permit are incorporated herein by reference and each Owner is required
to refrain from taking any action which will be in violation of the Stormwater Permit.
Lots within CAMA =s Area of Environmental Concern may have the permitted
maximum built -upon area reduced due to CAMA jurisdiction over such areas.
ARTICLE XI
GENERAL PROVISIONS
CONSERVATION
SECTION 1. Identification. The areas shown on the record plat of Exton Park
Townhomes, Phase I, dated , and recorded in Map Book
Page of the New Hanover County Registry and identified as
"Conservation Areas" shall be maintained in perpetuity in their natural condition.
SECTION 2. Prohibited Activities. No person or entity shall perform any of the
following activities in the "Conservation Areas" :
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove or harm any vegetation,
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
26

f. graze or water animals, or use for any agricultural or horticultural purpose
SECTION 3. Permissible Activities. The Association may, from time to time
perform routine maintenance, inspections and repairs to the stormwater system within
the "Conservation Areas" as required by the Stormwater Permit.
SECTION 4. Enforcement by USA. 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, US Army Corps of Engineers, Wilmington
District, Action ID # , and therefore may be enforced by the United States of
America. This covenant is to run with the land, and shall be binding on the Owner, and
all parties claiming under it. This covenant cannot be amended without the express
written consent of the U.S. Army Corps of Engineer, Wilmington District.
SECTION 5. Riahts of Institutional Note Holders. Any institutional holder of a
first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of
the Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90) days following the end of its fiscal year,
(c) receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d) receive written notice of any
condemnation or casualty loss that affects either a material portion of the Planned
Community or the Property securing its loan, (e) receive written notice of any sixty -day
(60) delinquency in the payment of assessments or charges owed by any Owner of any
property which is security for the loan, (f) receive written notice of a lapse, cancellation,
or material modification of any insurance policy or fidelity bond maintained by the
Association, (g) receive written notice of any proposed action that requires the content
of a specified percentage of mortgage holders, and (h) be furnished with a copy of any
master insurance policy.
SECTION 6. Utilitv Service. Declarant reserves the right to subject the Property
to contracts for the installation of utilities, cable TV and street lighting, which may
require an initial payment and /or a continuing monthly payment by the Owner of each
Lot. Each Lot Owner will be required to pay for any water connections, sewer
connections, impact fees or any other charges imposed by any entity furnishing water,
sewer or other utility service to the Lots. In the alternative, the Developer may collect
such connection, impact and other fees, charges directly from the Lot Owners. All Lot
Owners shall be required, for household purposes, to use water and sewer supplied by
the companies /governmental units servicing the Planned Community. Separate water
systems for outside irrigation and other outdoor uses shall not be permitted without the
consent of the Declarant or the Association.
SECTION 7. Termination. Except in the case of a taking of all Lots by eminent
domain, this Planned Community may be terminated only by agreement of Lot Owners
27