20080420 Ver 1_More Info Received_20080416

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31825673
April 15, 2008
Ms. Cyndi Karoly
401 OversighbExpress Permitting Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Wynne Creek
DWQ Project # 08-0420
USACE Action ID No.: SAW-2007-02757
Dear Ms. Karoly:
Thank you for your recent review of the PCN for a Nationwide Permit # 29 to disturb Waters of
the United States for the Wynne Creek residential subdivision, located in the Town of Angier,
Harnett County, North Carolina. Per your letter dated March 17, 2008, please fmd enclosed five
(5) complete sets of the additional information that you have requested. In addition, we are
providing for your review the additional information that was requested by the USACE, per their
correspondence on March 14, 2008.
Please call me at [phone] if you should have any questions regarding this submittal.
Sincerely,
URS Corporation -North Carolina
.,~~
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Charles E. Benton, PWS
Senior Environmental Scientist
Enclosures
cc: cc: Sam Nemroff, Penn Wynne Homes
Ronnie Smith, USACE
File copy
URS Corporation -North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: [phone]
Fax: [phone]
www.urscorp.com
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~~ Page 2 of 5
Response to NCDWQ Comments dated March 17, 2008
1. Please provide building envelopes for all lots with wetlands, streams or buffers on the site
plans.
Please find enclosed a revised Wetland Impact Map (Sheet W1-half-size or Sheet W2-full size)
that depicts the building envelopes for all lots with wetlands. All wetlands will remain outside of
the required building setbacks. No streams are located within the project site. No buffer rules
apply to the project site.
2. This Office believes that the greenway labeled on the plans as wetland permanent impact can
be moved or reconfigured to avoid the impacts to the wetland. Please revise the plans to
avoid the impacts.
Please find enclosed a revised Wetland Impact Map (Sheet W 1-half-size or Sheet W2-full size)
that has reconfigured the proposed greenway to avoid the 130 square feet (0.003 acre) of wetland
impact, previously labeled as Wetland Impact #2.
3. Please complete Section(s) XIV on the application.
XIi~ Cumulative Impacts (required by DWQ~
Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? 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:
The proposed subdivision "Wynne Creek" is a single and complete project The PCN is for then
entire 102.6 acre property (PIN# 0672-54-9386 000 and a portion of the Town of Angier
propertySPIN# 0672-84-9386.000) for the sanitary sewer connection No additional phases are
proposed by the applicant that would physically connect to or be economically dependent upon
the proposed project.
The three "stub" roads depicted on the proposed plans are a requirement of the Town of Angier
Subdivision Ordinance Article IV. Required Improvements Dedication Reservation Minimum
Standards of Design, Section 405, Streets Sub-Sections 405 1(3) and 405 5 The subdivision plan
for the proposed project has been approved by the Town of Angier
The applicant is not aware of any proposed development by other entities (government or private)
on the adiacent properties that might be conducted in the foreseeable future The proposed project
will not create a need additional services to be developed that could directly or indirectly impact
regulated waters and wetlands.
Preservation of the maiority of the existing wetlands (13 75 acres) in perpetuity on the project site
will have a beneficial impact on the nearby downstream water quality
P:Uobs3\ETdl31825673-Penn_Wynne_Homes\Work_Order_l\Draft Permit\Eestem Portion\DWQ Cover Letter - Response to comments.doc

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Page 3 of 5
4. Please provide intermittent/perennial stream determination documentation on the site
(upstream and downstream photos and DWQ stream identification forms).
No streams were identified within the project site during the field delineation conducted in
February 2007, by environmental scientists of URS Corporation. The Corps conducted a site visit
in August 2007 and confirmed that no streams occur within the project site. The Corps issued a
letter of Jurisdictional Determination for the project site on January 11, 2008 (see Appendix B of
the PCN).
The February 2007 field delineation was conducted for several parcels in addition to the project
site. The nearest identified stream is West Buies Creek located on the property adjacent to the
western portion of the project site, which is owned by the Town of Angier. No impacts would
occur to West Buies Creek as part of the proposed project.
West Buies Creek is a perennial stream that is depicted as a blue-line stream on the 7.5 minute
USGS topographic maps, Coats and Lillington, NC (see Figure 2 of the PCN). The complete
wetland delineation report is included as Appendix C of the PCN.
S. For wetland impact "W4 ", it is not clear as to why this impact is necessary.
Wetland impact "W4" is a fill impact of 0.346 acres of a man-made farm pond. The impact to this
farm pond is required for the interior access road and parking spaces associated with the proposed
townhomes in Planned Development District (PDD) portion of the property. The revised Wetland
Impact Map (Sheet W 1-half-size or Sheet W2-full size) depicts the edge of the proposed
improvements, and Sheet W-5 depicts a cross sectional detail of this impact area.
As discussed in Section III.9 and V of the PCN, the PDD has been approved by the Town of
Angier. However, final site plans have not been designed for the PDD. As discussed in Section
VII of the PCN, as future PDD site plans are finalized, additional avoidance measures will be
considered.
Final design for the PDD may allow impacts to the farm pond to be avoided entirely. However, at
this time the application is depicting the worse-case scenario based on the Town of Angier
approved PDD. The applicant is requesting a NWP#29 for the entire 102.6 acre property (PIN#
0672-54-9386.000) that includes both the final designs for Phase I and Phase II, and the future
development of the PDD, as a single and complete project. The benefit of applying for the permit
for the entire project that includes both final and pre-final plans is to allow the regulatory
agencies to understand and review all proposed and future impacts of this single and complete
project. Regardless of the final design plans for the PDD, the project would not be able to exceed
the wetland and water impacts depicted in the PCN application.
P:Uobs3\ETd\31825673-Penn_Wynne_Homes\Work_Ordet_l\Draft Pemvt\Eastem Portion~DWQ Covc Letter - Response to comments.doc

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Page 4 of 5
Response to USACE Comments dated March 14, 2008
The PCN is currently incomplete and we need additional information in order to process the
application. The needed information is as follows:
• Please provide across-sectional detail of the proposed fill areas. The cross-sections
should describe the fill slopes and the elevation of the fills in relation to existing grade.
Please find enclosed Sheet W-5 that depicts the cross-sectional details of the proposed fill
areas. Please note that the fill area for Wetland Impact # 2, (0.003 acres) for the greenway,
has been eliminated per a request from the NC DWQ (see the enclosed revised Wetland
Impact Map: Sheet W 1-half-size or Sheet W2-full size). The total permanent fill impact to
wetland has been reduced from 0.48 acre to 0.477 acre. Therefore, two cross sections are
provided (Wetland Impact # 3 and Wetland Impact # 4).
• Please provide a compensatory mitigation plan for the proposed wetland and open water
impacts. If you plan to preserve the remaining wetlands on the property, please provide a
preservation document and map. Information regarding the language to be placed in the
preservation document can be found at the link below:
http: //www.saw. usace.army.mil/WETLANDS/Mitigation/preservation.html.
Please find enclosed Sheet W-4 that depicts the compensatory mitigation plan for the
proposed impacts. The compensatory mitigation plan involves preserving all of the remaining
forested wetlands on the property, except for those within the existing overhead transmission
line right-of--way. The preservation area is 13.75 acres, which amounts to a 29:1 mitigation
ratio for the permanent impacts to 0.018 acre of forested wetland impact and 0.346 acre of a
man made farm pond.
Also, please fmd enclosed the draft Conservation Declaration document that will been signed,
by Sam Nemroff, who is the president of Penn Wynne Homes, Inc., and the sole land holder
of the project site. The final document will be mailed to you when it has been recorded. This
restrictive covenant will ensure that the wetlands will be protected in perpetuity.
• Please provide arestoration/re-vegetation plan for the cleared wetland areas outside of
the permanent maintenance corridor of the utility line. The cleared wetland areas shall
be re-vegetated to the maximum extent practicable with native species of canopy, shrub,
and herbaceous species.
A re-vegetation plan for the temporary impacts associated with the utility line (sanitary sewer
connection) is depicted on the enclosed Sheet W-3. The width of the construction corridor to
install the sanitary sewer utility line has been minimized to the greatest extent practicable (20
feet in width). Per the Town of Angier requirements, the width of the permanent maintenance
corridor of this utility line is also 20 feet. As such, no extra temporary cleared areas for
construction will exist that could be re-vegetated with woody species. The permanent
maintenance corridor will be re-graded to the existing contours and re-seeded with a native
wetland seed mix.
P:Uobs3\ETd\318256')3-Penn_Wynne_Homes\Work_Orda_1\Draft Petmi[\Eastem Portion\DWQ Cover Getter - Response to comments.doc

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Page 5 of 5
• There are three "stub "roads that appear to be providing access to adjoining properties.
If there are plans to continue this subdivision or if this project is a phase of a much
larger subdivision, the plans should be disclosed now and reviewed under one action to
limit the amount of review time for one single and complete project. If there are future
development plans, please provide justification for the exclusion of the work from the
current application.
The proposed subdivision "Wynne Creek" is a single and complete project. The PCN is for
then entire 102.6 acre property (PIN# 0672-54-9386.000) and a portion of the Town of
Angier property (PIN# 0672-84-9386.000) for the sanitary sewer connection. No additional
phases are proposed by the applicant that would physically connect to, or be economically
dependent upon, the proposed project. The three "stub" roads depicted on the proposed plans
are a requirement of the Town of Angier Subdivision Ordinance, Article IV. Required
Improvements, Dedication, Reservation, Minimum Standards of Design, Section 405, Streets,
Sub-Sections 405.1(3) and 405.5. The subdivision plan for the proposed project has been
approved by the Town of Angier.
X405.1 (3) The proposed street layout shall be made according to good land planning
practice for the type development proposed and shall be coordinated with the street
system of the surrounding areas. The arrangements of streets in new subdivisions shall
make provision for the continuation of the principal existing streets in adjoining
subdivisions or, when adjoining property is not subdivided, their proper projection
insofar as they may be necessary for vehicular circulation in the future. The street and
alley arrangement must be so designated as to cause no hardship to owners of adjoining
property when they plat their own land and seek to provide for convenient access to it.
When a new subdivision adjoins subdivided land, the new streets shall be carried to the
boundaries of the tract proposed to be subdivided, except where it is determined by the
Planning Board that certain streets may not be required to be so extended.
X405.5 Access to Adjacent Properties. Where, in the opinion of the Planning Board, it is
necessary to provide for access to adjoining property, proposed streets shall be extended
by dedication to the boundary of such property and a temporary turnaround provided.
P:Uobs3\ETd\31825673-Penn_Wynne_Homes\Work_order_1\Draft Pe~mit\Eastem Portion\DWQ Cover Letter -Response to comments.doc

vss
31825673
April 15, 2008
Mr. Ronnie Smith
U.S. Corps of Engineers
CESAW-RG-L
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Re: Wynne Creek
USACE Action ID No.: SAW-2007-02757
DWQ Project # 08-0420
Dear Mr. Smith:
Thank you for your recent review of the PCN for a Nationwide Permit # 29 to disturb Waters of
the United States for the Wynne Creek residential subdivision, located in the Town of Angier,
Harnett County, North Carolina. Please find enclosed revised plans for the proposed project. Our
responses to your comments, as well as our responses to comments provided by the NC DWQ,
per their letter dated March 17, 2008, are provided below.
Please call me at [phone] if you should have any questions regarding this submittal.
Sincerely,
URS Corporation -North Carolina
Charles E. Benton, PWS
Senior Environmental Scientist
Enclosures
cc: Sam Nemroff, Penn Wynne Homes
Cyndi Karoly, NC-DWQ - 401/Wetlands Unit
File copy
URS Corporation -North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: [phone]
Fax: [phone]
www.urscorp.com
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IM~TI~NDS NO ~TORMWATER 6~~t;;p;

ZTR,S Page 2 of 5
Response to USACE Comments dated March 14, 2008
The PCN is currently incomplete and we need additional information in order to process the
application. The needed information is as follows:
• Please provide across-sectional detail of the proposed fill areas. The cross-sections
should describe the fill slopes and the elevation of the fills in relation to existing grade.
Please find enclosed Sheet W-5 that depicts the cross-sectional details of the proposed fill
areas. Please note that the fill area for Wetland Impact # 2, (0.003 acres) for the greenway,
has been eliminated per a request from the NC DWQ (see the enclosed revised Wetland
Impact Map: Sheet W 1-half-size or Sheet W2-full size). The total permanent fill impact to
wetland has been reduced from 0.48 acre to 0.477 acre. Therefore, two cross sections are
provided (Wetland Impact # 3 and Wetland Impact # 4).
• Please provide a compensatory mitigation plan for the proposed wetland and open water
impacts. If you plan to preserve the remaining wetlands on the property, please provide a
preservation document and map. Information regarding the language to be placed in the
preservation document can be found at the link below:
http: //www. saw. usace. army. mil/WETLANDS/Mitigation/preservation. html.
Please find enclosed Sheet W-4 that depicts the compensatory mitigation plan for the
proposed impacts. The compensatory mitigation plan involves preserving all of the remaining
forested wetlands on the property, except for those within the existing overhead transmission
line right-of--way. The preservation area is 13.75 acres, which amounts to a 29:1 mitigation
ratio for the permanent impacts to 0.018 acre of forested wetland impact and 0.346 acre of a
man made farm pond.
Also, please find enclosed the draft Conservation Declaration document that will been signed
by Sam Nemroff, who is the president of Penn Wynne Homes, Inc., and the sole land holder
of the project site. The final document will be mailed to you when it has been recorded. This
restrictive covenant will ensure that the wetlands will be protected in perpetuity.
• Please provide arestoration/re-vegetation plan for the cleared wetland areas outside of
the permanent maintenance corridor of the utility line. The cleared wetland areas shall
be re-vegetated to the maximum extent practicable with native species of canopy, shrub,
and herbaceous species.
A re-vegetation plan for the temporary impacts associated with the utility line (sanitary sewer
connection) is depicted on the enclosed Sheet W-3. The width of the construction corridor to
install the sanitary sewer utility line has been minimized to the greatest extent practicable (20
feet in width). Per the Town of Angier requirements, the width of the permanent maintenance
corridor of this utility line is also 20 feet. As such, no extra temporary cleared areas for
construction will exist that could be re-vegetated with woody species. The permanent
maintenance corridor will be re-graded to the existing contours and re-seeded with a native
wetland seed mix.
P:Uobs3\ETd~31825673-Peon_Wynne_Homes\Work_Order_t\Draft Pamit\Eastem Portion\USACE Covc Letts-Response to comments.doc

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Page 3 of 5
There are three "stub "roads that appear to be providing access to adjoining properties.
If there are plans to continue this subdivision or if this project is a phase of a much
larger subdivision, the plans should be disclosed now and reviewed under one action to
limit the amount of review time for one single and complete project. If there are future
development plans, please provide justification for the exclusion of the work from the
current application.
The proposed subdivision "Wynne Creek" is a single and complete project. The PCN is for
then entire 102.6 acre property (PIN# 0672-54-9386.000) and a portion of the Town of
Angier property (PIN# 0672-84-9386.000) for the sanitary sewer connection. No additional
phases are proposed by the applicant that would physically connect to, or be economically
dependent upon, the proposed project. The three "stub" roads depicted on the proposed plans
are a requirement of the Town of Angier Subdivision Ordinance, Article IV. Required
Improvements, Dedication, Reservation, Minimum Standards of Design, Section 405, Streets,
Sub-Sections 405.1(3) and 405.5. The subdivision plan for the proposed project has been
approved by the Town of Angier.
X405.1 (3) The proposed street layout shall be made according to good land planning
practice for the type development proposed and shall be coordinated with the street
system of the surrounding areas. The arrangements of streets in new subdivisions shall
make provision for the continuation of the principal existing streets in adjoining
subdivisions or, when adjoining property is not subdivided, their proper projection
insofar as they may be necessary for vehicular circulation in the future. The street and
alley arrangement must be so designated as to cause no hardship to owners of adjoining
property when they plat their own land and seek to provide for convenient access to it.
When a new subdivision adjoins subdivided land, the new streets shall be carried to the
boundaries of the tract proposed to be subdivided, except where it is determined by the
Planning Board that certain streets may not be required to be so extended.
~40S.S Access to Adjacent Properties. Where, in the opinion of the Planning Board, it is
necessary to provide for access to adjoining property, proposed streets shall be extended
by dedication to the boundary of such property and a temporary turnaround provided.
P:Uobs3\ETdli1825673-Pem_Wynoe_Homes\Work_Orda_1\DraR P¢mit\Eastdn Portion\USACE Cova Letta-Response to comments.doc

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Page 4 of 5
Response to NCDWQ Comments dated March 17, 2008
1. Please provide building envelopes for all lots with wetlands, streams or buffers on the site
plans.
Please find enclosed a revised Wetland Impact Map (Sheet W 1-half-size or Sheet W2-full size)
that depicts the building envelopes for all lots with wetlands. All wetlands will remain outside of
the required building setbacks. No streams are located within the project site. No buffer rules
apply to the project site.
2. This Office believes that the greenway labeled on the plans as wetland permanent impact can
be moved or reconfigured to avoid the impacts to the wetland. Please revise the plans to
avoid the impacts.
Please find enclosed a revised Wetland Impact Map (Sheet W1-half-size or Sheet W2-full size)
that has reconfigured the proposed greenway to avoid the 130 square feet (0.003 acre) of wetland
impact, previously labeled as Wetland Impact #2.
3. Please complete Section(s) XIV on the application.
XIV. Cumulative Impacts (required by DWQJ
Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? 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:
The proposed subdivision "Wynne Creek" is a single and com lp ete project The PCN is for then
entire 102.6 acre property (PIN# 0672-54-9386 000) and a portion of the Town of Angier
property (PIN# 0672-84-9386.000) for the sanitary sewer connection No additional phases are
proposed by the applicant that would ~ sy ically connect to or be economically dependent upon
the proposed project.
The three "stub" roads depicted on the posed plans are a requirement of the Town of Angier
Subdivision Ordinance. Article N Required Improvements Dedication Reservation Minimum
Standards ofDesiQn. Section 405 Streets Sub-Sections 405 1(3) and 405 5 The subdivision elan
for the pro op sed project has been approved by the Town of An ier
The applicant is not aware of any proposed develo ment by other entities Government or private]
on the adiacent properties that mieht be conducted in the foreseeable future The proposed project
will not create a need additional services to be developed that could directly or indirectly impact
regulated waters and wetlands.
Preservation of the maiority of the existing wetlands (13 75 acres] in perpetuity on the project site
will have a beneficial impact on the nearby downstream water aualit~
P:Vobs3\ETd131825673-Penn_Wynne_Homes\Work_orda_1\Draft Permit\Eastem Portion\USACE Cover Letter-Response to comments.doc

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Page 5 of 5
4. Please provide intermittent/perennial stream determination documentation on the site
(upstream and downstream photos and DWQ stream identification forms).
No streams were identified within the project site during the field delineation conducted in
February 2007, by environmental scientists of URS Corporation. The Corps conducted a site visit
in August 2007 and confirmed that no streams occur within the project site. The Corps issued a
letter of Jurisdictional Determination for the project site on January 11, 2008 (see Appendix B of
the PCN).
The February 2007 field delineation was conducted for several parcels in addition to the project
site. The nearest identified stream is West Buies Creek located on the property adjacent to the
western portion of the project site, which is owned by the Town of Angier. No impacts would
occur to West Buies Creek as part of the proposed project.
West Buies Creek is a perennial stream that is depicted as a blue-line stream on the 7.5 minute
USGS topographic maps, Coats and Lillington, NC (see Figure 2 of the PCN). The complete
wetland delineation report is included as Appendix C of the PCN.
S. For wetland impact "W4 ", it is not clear as to why this impact is necessary.
Wetland impact "W4" is a fill impact of 0.346 acres of a man-made farm pond. The impact to this
farm pond is required for the interior access road and parking spaces associated with the proposed
townhomes in Planned Development District (PDD) portion of the property. The revised Wetland
Impact Map (Sheet W1-half-size or Sheet W2-full size) depicts the edge of the proposed
improvements, and Sheet W-5 depicts a cross sectional detail of this impact area.
As discussed in Section III.9 and V of the PCN, the PDD has been approved by the Town of
Angier. However, final site plans have not been designed for the PDD. As discussed in Section
VII of the PCN, as future PDD site plans are finalized, additional avoidance measures will be
considered.
Final design for the PDD may allow impacts to the farm pond to be avoided entirely. However, at
this time the application is depicting the worse-case scenario based on the Town of Angier
approved PDD. The applicant is requesting a NWP#29 for the entire 102.6 acre property (PIN#
0672-54-9386.000) that includes both the final designs for Phase I and Phase II, and the future
development of the PDD, as a single and complete project. The benefit of applying for the permit
for the entire project that includes both final and pre-final plans is to allow the regulatory
agencies to understand and review all proposed and future impacts of this single and complete
project. Regardless of the final design plans for the PDD, the project would not be able to exceed
the wetland and water impacts depicted in the PCN application.
P:Uobs3\ETd\3t825673-Penn_Wynne_Homes\Work_Ordv_1\Draft Pcmit\Fas[an portion\USACE Cover Letter-Response to comments.doc

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ADJACENT PROPERTY INFORMATION
PROPERTY OWNER DEED BOOK ~ PAGE #
1 VICKIE S. KROHN 2061 32
2 RANDY L. SURLES 2061 35
3 DANNY J. HONEYCUTT 1299 100
4 TOWN OF ANGIER 975 327
5 EMILY H. DEAN 392 479
6 EMILY H. DEAN 711 409
7 CALVIN R. MANGUM 1428 34
ONSITE WETLANDS
0.46 Ac OPEN WATER
14.26 Ac PFO WETLANDS
14.72 Ac
WETLAND TOTAL WETLANDS
IMPACTS
0.113 Ac TEMPORARY WETLAND IMPACTS
0.364 Ac PERMANENT WETLAND IMPACTS
0.477 Ac TOTAL IMPACTS
©2008 by ETd, PA. No portion of the drawings
may be copied, reproduced, redrawn or modified
without the written consent of ETd, PA.
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SCALE: HORIZONTAL 1" = 300'
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WYNNE CREEK
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PENN AYNNE HONES
P.o. BDx z4a
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[phone]
CONTACT: SAN NENROEF
ENGINEER
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2880 SI,dTER ROAD, STE. z00
VORRISPR,LE, NC 258D
[phone]
CONTACT: SUSAN HOBBS
ENVIRONMENTAL
URS CORPORATION
1800 PERIMETER PARK BR
SUITE 400
MORRISVRJ,E, NC 27580
[phone]
CONTACT: CHARLES BENTON
Drawn By BNH
Checked By SNH
Date: 2-21-OB
Projf: 27D1010
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PROPERTY
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DRY POND \
I I ,
W1 PLANTING PLAN
245' x 20' - 0.113 Ac
NOTE: ENTIRE 20' CONSTRUCTION RIGHT OF WAY
WILL BE PERMANENTLY MAINTAINED, AREA TO
BE SEEDED WITH A NATIVE SEED MIX
0 50 100
SCALE: HORIZONTAL 1" = 50'
©2008 by ETd, PA. No portion of the drawings
may be copied, reproduced, redrawn or modified
without the written consent of ETd, PA.
BLAM, TODD, d'AMBROSI
9uAx rtAtaau.LRIID91'Al9AIC9aBLMH
ova exm9®o+o • ula I ~ mmcm76
ROBBINS
& ASSOCIATES
INTERNATIONAL
GOLFCOUR9E DESIGN'MA9TERPLANNING'
CONSTRUCTION MANAGFdI ENT
789081A78RH.OAD, 9181E 107
rElEEnvular7oaTECAwIau ns9o
u9A
OFFICE 919.4911A11
FAR 9I9.491,1T73
EMAIL etd®eldpa.com
PRELIlVIIlVARY
NOTFOR
CONSTRUCTION
WYNNE CREEK
W-iTEMPORARY
IMPACT
CLIENT
PENN 11YNNE HONES
P.O. BOX 240
NYNNENOOD, PA 19096
[phone]
CONTACT: SAN NEMROFF
ENGINEER
EIAM, TODD d'AID3ROS]
2880 SL4TER ROAD, STE. 200
MORRISVII,LE, NC 27560
[phone]
CONTACT: SUSAN HOBBS
ENVIRONMENTAL
uRS coRPORATIOx
1800 PERHTETER PARK DR
SUITE 400
MORRIS7ILLE, NC 2758D
[phone]
CONTACT: CHARIES BENTON
Oraell By: BMH
Checked Bp: SNH
Dale: 2-21-OB
Projf: 2701010
Revisions
3-28-OB DNQ COMMENTS
SHEET
W-3

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MITIGATION RATIO 29:1
m2008 by ETd, PA. No portion of the drawings
may be copied, reproduced, redrawn or modified
without the written consent of ETd, PA.
0 300 800
SCALE: HORIZONTAL 1" = 300'
SWM, TODD, d'pMBR09i
W Axna'amu.I.~tael'uew~le
ova e31~ QA. LAtm uID cQa la'man
ROBBINS
& ASSOCLATES
INTERN ATIONAL
GOLF C W 0.8E DES IGN' MARTER PLANNING'
NNSERUCLION MANAGEMENT
yen e3wrmR aoAa el><re mo
Mouovuin xana cuoluu nrm
OFFICE 919.4811A21
FAR 919.481.2773
EMAIL etd®eldpaeom
PRELIlKIlVARY
NOTFOR
CONSTRUCTION
WYNNECREEK
COMPENSATORY
MITIGATION PLAN
CLIENT
PENN NYNNE HOMES
P.O. BD% 240
NYNNEN000, PA 19096
[phone]
CONTACT: SAN NEIdROF'F
ENGINEER
ELAN, TODD d'ANBROSI
2880 SIdTER ROAD, STE. 200
YORRISYILLE, NC 2756D
[phone]
CONTACT: SUSAN HOBBS
ENVIRONMENTAL
URS CORPORATION
1600 PERINE'TER PARK OR
surrE 4oD
MORRISVD,LE, NC 27560
[phone]
CONTACT: CHARLES BBNTON
Dram By: BHN
Checked By SNH
Date: 2-21-06
Prujf: 2701010
Revisioas
3-26-OB D11Q CONTENTS
SHEET
W-4

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B 274
272
270
2sa
266
264
0 lD0 200
SCALE: HORIZONTAL 1" = 100'
©2008 by ETd, PA. No portion of the drawings
may be copied, reproduced, redrawn or modified
without the written consent of ETd, PA.
SLAM, TODD, d'AMEROSI
OMAN lutaalli•ut>OBC1PBdu'ffifBC10u
avaa+~aw.uem tlncwumao
ROBBINS
& ASSOCIATES
INTERNATIONAL
GGLF CW RSE ~FSIGN' MASTPR PLANNING'
CGNSfRUCPION MANAGEMFM
SIM 9A75RYOAD, Bllrra 1110
MOWBVnl$rAOwia GU01][7A nsao
usA
OFFICE 919.4812011
FAR 919.48L2773
EMAIL [e-mail]
PRELIlIIIlVARY
NOTFOR
CONSTRUCTION
WYNNE CREEK
CROSS SECTIONAL
DETAILS
CLIENT
PENN ATNNE HONES
P.O. BOX 240
IfYNNEA00D, PA 19096
(8l0) 89fi-5050
CONTACT: SAN NENROEF
ENGINEER
ELAY, TODD d'AI®ROSI
2880 SL4TER ROAD, STE. 200
NORRISYILLE, NC 27580
(s1s) 481-zazl
CON'TACf: SUSAN HOBBS
ENVIRONMENTAL
URS CORPORATION
1800 PERD1EfER PARK DR
SUffE 400
YORRISYILLE, NC 27580
[phone]
CONTACT: CHARLES BENTON
Drawn By BlIH
Checked By:SWH
Dete: 2-21-08
Proj~: 2701010
Revisans
3-28-OB D11Q COIOIENTS
SHEET
W-5

STATE OF NORTH CAROLINA
HARNETT OUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS is made on this day of , 2008 by Penn Wynne
Homes, Inc, P.O. Box 240, Wynnewood, PA, 19096-0240 "Declarant, "for the subdivision
know as Wynne Creek, located in the Town of Angier, Harnett County, North Carolina.
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property)
being approximately 13.75 acres, more particularly described in Exhibit A (Sheet W-4:
Compensatory Mitigation Plan) attached hereto and by this reference incorporated herein;
and
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian
resources and other natural values of the Property, and prevent the use or development of the
Property for any purpose or in any manner that would conflict with the maintenance of the
Property in its natural condition. The preservation of the Property in its natural condition is a
condition of Department of the Army permit Action ID SAW-2007-02757 issued by the
Wilmington District Corps of Engineers (Corps), required to mitigate for unavoidable
impacts to waters of the United States authorized by that permit, and this Conservation
Declaration may therefore be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Property shall be held and subject to the following restrictions, covenants and conditions as
set out herein, to run with the subject real property and be binding on all parties that have or
shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open
condition and restricted from any development or use that would impair or interfere with the
conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction ofnon-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole,
tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or
facility on or above the Property.

C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property.
G. Si~na~e. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs
identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is
prohibited.
I. Excavation, Dred~in~ or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except
to restore natural topography or drainage patterns.
J. Water Ouality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or
tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns. In addition, diverting or causing or permitting the
diversion of surface or underground water into, within or out of the easement area by any
means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands,
or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Declaration shall be transferred pursuant to a transferable development
rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in
its natural condition, or the protection of its environmental systems, is prohibited.

ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition
of authorizations issued by the United States of America, U.S. Army Corps of Engineers,
Wilmington District, and therefore may be enforced by the United States of America. This
covenant is to run with the land and shall be binding on all parties and all persons claiming
under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the
Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to
bring any action against Declarant for any injury or change in the Conservation Property
caused by third parties, resulting from causes beyond the Declarant's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action taken
in good faith by the Declarant under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage to Property or harm to the Property resulting from such
causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the Property
for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Proaerty Condition. The Declarant represents and acknowledges that the
Property is currently undeveloped land, with no improvements other than any existing utility
lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is
seized of the Property in fee simple and has good right to make the herein Declaration; that
there is legal access to the Property, that the Property is free and clear of any and all
encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property
shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is
found to be invalid, the remainder of the provisions of this Conservation Declaration, and the

application of such provision to persons or circumstances other than those as to which it is
found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of Harnett County, North Carolina, and may re-record it at any
time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Property described herein is and at all times hereafter will continue to be in full compliance
with all federal, state and local environmental laws and regulations, and (b) as of the date
hereof there are no hazardous materials, substances, wastes, or environmentally regulated
substances (including, without limitation, any materials containing asbestos) located on, in or
under the Property or used in connection therewith, and that there is no environmental
condition existing on the Property that may prohibit or impede use of the Property for the
purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
Sam Nemroff, President
Penn Wynne Homes, Inc.
Notary