20072163 Ver 1_401 Application_20071207

HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road
Lillington, NC 27546-0400
Phone [phone] /Fax [phone]
E-mail: [e-mail]
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12 December 2007
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Ms. Annette Lucas
Division of Water Quality
401/WetlandsUnit Q 7_ 2 ~ 6 3
1650 Mail Service Center
Raleigh, NC 27699-1650 ~,v~,AE'~'T
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Reference: Pre-Construction Notification
Greene Property for Stafford Land Company
Lillington, Harnett County, North Carolina
Dear Ms. Lucas,
The enclosed Pre-Construction Notification (PCN) has been prepared for the above
referenced property, which is located on the northeastern side of W Cornelius Harnett Blvd. (US
Hwy 401) in Lillington County, North Carolina. This valuable commercial land is located across
the street from the Harnett County Government Complex and adjacent to the new proposed
hospital location. The commercial subdivision plan proposes to impact 0.2 acre (8,868 ft2) of
non-riparian wetlands for building sites and a parking area. The developer proposes to mitigate
for this impact by preserving 0.2 acre (8,811 ft~) of onsite wetlands and paying an in-lieu-fee to
the Ecosystem Enhancement Program. It is our belief that the proposed wetland impacts can be
authorized by USACE Nationwide Permit 39.
Because the design for this lot includes 65% impervious surface, I am including a Storm
Water Management Plan for your review. I trust that this provides all the information that you require
to evaluate the PCN and authorize the proposed impacts. If you have any questions or need additional
information, please feel free to contact me at your convenience.
Si ely,
Chris Leach
Environmental Scientist I
CC:
Bob Stafford, Stafford Land Company, 245 Valleyfield Lane, Southern Pines, NC 28387
WRFO, US Army Corps of Engineers, Post Office Box 1890, Wilmington, NC 28402-1890
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting

07-21 63
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested
NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Stafford Land Company (Bob Stafford)
Mailing Address: 246 Valleyfield Lane
Southern Pines, NC 28387
Telephone Number: 910-692-9808 Fax Number: 910-692-9801
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: Hal Owen
Company Affiliation: Hal Owen & Associates Inc.
Mailing Address: PO Box 400
Lillington, NC 27546
Telephone Number: 910-893-8743 Fax Number: 910-893-3594
E-mail Address: halowen(a~earthlink.net
Updated 11/1/2005
Page 5 of 12

III. Project Information
3
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, a:1d roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold. until decipherable maps are provided.
L Name of project: Greene Property
2. T.I.P. Project Number or State .Project Number (NCDOT Only):
Property Identification Number; (Tax PIN): 0650-78-2199 and 0650-78-5349
4. Location
County: Harnett Nearest Town: Lillington
Subdivision name (include pha;~e/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
Cornelius Harnett Blvd. and Main Street, ~o north on US Hwy 401 (Cornelius Harnett Blvd.)
approximately 1500 feet. Site i s on right, immediately after Pine State Street
Site coordinates (For linear Ilrojects, 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): 35.421159 °N 78.80829664 °W
6. Property size (acres):
7. Name of nearest receiving bode of water: UT to Cape Fear River (class WS-IV; CA)
8. River Basin: Cape Fear (HUC 03030004)
(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: The upland areas were timbered. Land use in the vicinity is
a mixture of industrial, commercial, office, institutional and agricultural.
Updated 11/1/2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: The site
will be divided into commercial parcels served by a common paved road, public water and
sewer. Buildings, roads, and parking areas will be constructed using bulldozers, pans,
trackhoes, and other typical construction equipment.
11. Explain the purpose of the proposed work: Commercial development
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.
Jurisdictional Determination conducted by Ronnie Smith. COE. 22 March 2007
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.
The southwest corner of the property lines up with entrance to the Harnett County_~overnment
complex across the street, and there are plans to build a new hospital on the parcel adjacent the
subject site. It is anticipated that an access road will be desired in the southwest corner of the
subject property to connect the hospital property to Hwy 401 at this location. However, until the
hospital is built, these plans are tentative and a permit to impact wetlands at this location is not
sought. It is for this reason that the wetlands in this area are not being preserved at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated 11/1/2005
Page 7 of 12

1. Provide a written description of the proposed impacts: At impact 1, a culvert will be
installed beneath the building site to convey water from the culvert under Pine State Street to
the undisturbed wetland. The area will be filled with suitable fill material to provide a
building foundation and parking for Parcel 1. At impact 2, the wetland area will be filled
with suitable fill material to provide a building foundation and parking for building 2.
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 Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
l Mechanized land Forested No 100 1360
0
clearing, culvert, fill .
2 Mechanized land Forested No 25 0
0676
clearing, fill .
Total Wetland Impact (acres) 0.2036
3. List the total acreage (estimated) of all existing wetlands on the property: 0.44 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multiply length X width_ then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before lm act (linear feet) (acres)

NA

Total Stream Impact (by length and acreage)
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, dred~in~, 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)
NA

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.2
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.2
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 may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Building site 2 was moved and
the parking area reconfigured to minimize wetland impacts. A second proposed entrance on
Hwy 401 that could impact wetlands was moved to minimize wetland impacts. Even though
road-front property on Hwy 401 is some of the most valuable in Lillington, the site was
redesi ng ed to preserve a large portion of wetlands immediatel~jacent to the highway.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
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.
The project design was modified to minimize wetland impacts by reconfiguring building
2 and eliminating a road crossing. The owner proposes to mitigate for unavoidable impacts
by preserving 8811 ft2. of wetland on the property and making an in-lieu payment to the
Ecosystem Enhancement Program.
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://www.nceep.net/pages/inlieureplace.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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres): 0.2
Amount of Coastal wetland mitigation requested (acres): 0
Updated 11/1/2005
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 a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
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* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 I.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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.
Updated 11/1/2005
Page 11 of 12

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. Existing impervious area is 0. Proposed
impervious surfaces are Buildings= 1.25 ac and Parking & Roads= 3.44 ac. Total impervious
area is 4.61 acres. or 65%.
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.
Public Sewer
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 anafter-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).
Mr Ga-~a~~~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated I 1 / 1 /2005
Page 12 of 12

F
Figure 1 Vicinity Map
Figure 2 USGS Topographic Map
Figure 3 NRCS Soil Survey
Figure 4 Development Plan with Wetland Impact and Preservation Areas
Attachments
Agent Authorization Letter
Ecosystem Enhancement Program Acceptance Letter
Letter from Owner Agreeing to Preserve Wetlands in Restrictive Covenants
Storm Water Management Plan

Vicinity/ Location Map N Greene Property
Not to Scale Stafford Land Company
Hal Owen & Associates, Inc. Figure
PO Box 400, Lillington, NC 27546 1
PH. 910-893-8743/ FX. 910-893-3594
Address NC-210 8~ Cornelius Harnett Notes
~~ Blvd
~~~~ ~ Lillin to
g n, NC 27546

USGS 7.5 Minute Topographic Map Greene Property
Lillington Quadrangle Scale 1:24000 N Stafford Land Company
Hal Owen & Associates, Inc. Figure
PO Box 400, Lillington, NC 27546 2
PH. 910-893-8743/ FX. 910-893-3594

N a rn~+i-
NRCS Soil Survey of County, NC N Greene Property
Sheet 5 Scale 1:24000 Stafford Land Company
Hal Owen & Associates, Inc. Figure
PO Box 400, Lillington, NC 27546 ,,
PH. 910-893-8743/ FX. 910-893-3594 ~

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~ ~~ , 40 ~ FUQUAY VARINA, NORTH CAROLINA 21526
W~ M.>~ 4~~Q~11 [phone]
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\ CREENE PROPERTY - LILLINCTON, NC
SKETCH PLAN (REV 3J
N S&N PROJECT: 643-07
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~~ ~ DATE: 6~26~07
SCALE: 1 "=40'
`` IMPERVIOUS AREA CALCULATIONS (ESTIMATE):
\ TOTAL PROJECT AREA=309,710 AC (7.1f ACJ
~~ TOTAL IMPERVIOUS AREA=200,611 SF (4.67 AC)
HAL OWEN & ASSOCIATES, INC. \ au1cDlNCS=s4,ss4 sF
~ PARXINC &ROADS=149,947 SF
266 OLD COATS RD. ESTIMATED IMPERVIOUS PERCENTAGE=65Z
P.O. BOX 400 ~~
LILLINGTON, NC 27546

02/14/2007 12:10 910-692-9801 STAFFORD LAND CO PAGE 02
Feb, 14, 2001 11:28AM HAL OUJEN & ASSOCIATES No. 2566 P. 2
14 February 2007
Owner Information
Name:
Mailing Address:
City, State, Zip:
Telephone #:
Christine Crreene
630 Country Lane
Cary, NC 27513
A»~lis~nt Information
Name: Stafford Land Company (Bob Stafford)
Mailing Address: 246 Valleyfleld Lane
City, State, .Zip: Southern Pines, NC 283 87
Telephone #: [phone]
Pro Description
Project Name: Greene Property
Address: Pine State Street, Irillington
PIN #: 0650-7$-2199 and 0650-78-5349
County: Harnett
I, _,~ ~ ,~ ~ A , as owner of the above referenced propertys
authorize the U'S Azmy Corps o£ ~ztgineers to enter the subject properly for the purpose of a
jurisdictional determination.
Y also authorize Mx. Hal Owen of Hat Owen & Associates, Inc. to act in my behalf as my
agent in processing applications for wetland certi:~cation and/ox pczz~its,
CON~~(~
Title
J 7
Date
:M~

tem..
PROORAIN
July 18, 2007
Bob Stafford
Stafford Land Company
246 Valleyfield Lane
Southern Pines, NC 28387
Project: Greene Property County: Harnett
The purpose of this letter is to notify you that the North Cazolina 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 Permit/401 CertiEication/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 an 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
followine table.
Cape Fear
03030004 Stream (feet} Wetlands (acres) Buffer I
(Sq. Ft.} Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri azian Coastal Marsh
Impacts 0 0 0 0 0.2 0 0 0
Credits 0 0 0 0 0.4 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,
• /~.,,
William D. Gilmore, PE
Director
cc: Cyndi Kazoiy, NCDWQ Wetiands/401 Unit
Ronnie Smith, USACE-Wilmington
Kris Newcomb, agent
File
1ZP.S~'DYI.I'~... F ~ ... PYDt~~ OGGY Statt/
~D~E I~R
Narth Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 1 91 9-71 5-0476 ! www.nceep.net

e~t~f~'ord band Company, Inc.
246 Valleyfield Lane, Southern Pines, NC 28387
(Office) 910-692-9808 ~ (Fax) 910-692-9801
staffland1 @earthlink.net
July 23, 2007
Ms. Kris Newcomb
Hal Owen & Associates, Inc.
266 Old Coats Road
PO Box 400
Lillington, NC 27546
Dear Kris,
Please find enclosed the previously transmitted Restrictive Covenants language for the Greene
property in Lillington.
We agree that the preservation language attached will be inserted into the covenants for the
property and that the covenants will be recorded prior to the sale of any lot.
Sincerely,
Robert R. Stafford
President
RRS: srb
cc: Don Mizelle, Stafford Land Company, Inc.
Brenda Compton, Hartwell Realty, Inc.

RESTRICTIVE COVENANT GUIDANCE
August, 2003
Often, developers of residential or commercial subdivisions subject the property on which the
subdivision is built to restrictive covenants, that include provisions such as setbacks, types of
homes buildings that can be built, etc. If the District has determined that restrictive covenants
are acceptable as a means of preserving mitigation property, the following language can be
added to those restrictive covenants:
"The areas shown on the recorded plat (identify the plat by title, date, and recording data)
as conservation areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall perform any of the following activities on such
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, 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 structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition
of a Clean Water Act authorization issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, Action ID ,and therefore may be
enforced by the United States of America. This covenant is to run with the land, and shall
be binding on the Owner, and all parties claiming under it."
Usually, restrictive covenants have a provision that the property owners (either all of them or
some percentage of them) can amend or modify the restrictive covenants. If that is the case, that
provision needs to provide that our required paragraph (usually identified by paragraph number)
cannot be amended without the express written consent of the U. S. Army Corps of Engineers,
Wilmington District.
The permit condition should state that the permittee will record restrictive covenants, acceptable
to the Corps of Engineers, for the purpose of maintaining the mitigation areas in their natural
state in perpetuity, prior to the sale or conveyance of any lots or other property within the
subdivision. It is important that the restrictions be recorded prior to the sale of any property
within the subdivision (or phase, if it is being developed by phase). If they are not, then any
property sold prior to the recording of the restrictive covenant are not subject to those covenants.
Suggest the following:

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"Permittee shall execute and cause to be recorded in the County Register of
Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of
maintaining the conservation areas, as shown on the recorded plat* (identify by title, date,
and recording data), 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."
* It is possible and acceptable that the plat may not be recorded at the time of the issuance of the
permit. If that is the case, delete the word "recorded" and be sure you have a copy of a plat
showing the conservation areas in the file, and identify it in the permit condition by title and
date. The plat, however, must be recorded at the time the restrictive covenants are recorded, and
prior to the sale of any lots in the subdivision.