20040385 Ver 1_More Info Received_20050914

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September 7, 2005
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, North Carolina 27604-6893
Attention: Mr. John Dorney
SUBJECT: Additional Information Request
Wastewater Treatment Plant Improvements
Town of Swansboro, North Carolina
DWQ No. 04-0385
PN: E97-472.2
Dear Mr. Dorney:
D1 1 '-
SFP
Please find attached correspondence with Ms. Noelle Lutheran and Mr. Brad Shaver
concerning proposed mitigative measures to be taken by the Town of Swansboro on this project.
This documentation is transmitted to you per your request today by telephone.
I trust this information will assist you in completing your review and approval of this
project. However, if you should have any further questions or require additional information,
please call.
Respectfully,
W. andon ounce, P.E.
WLY
cc: Mr. Larry Faison - Town of Swansboro, North Carolina
VAW097d397472.2\plm d-y Itr(9-7-05).do 917/2005 3:23 PN1
GREEN ENGINEERING, PLLC
WATER, WASTEWATER SURVEYING, PLANNING, PROJECT MANAGEMENT
303 N. GOLDSBORO ST. PO BOX 609 WILSON N.C. 27893 TEL [phone] FAX [phone] WVJW.GREENENGINEERING.COM
June 29, 2005
North Carolina Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Attention: Ms. Noelle Lutheran
Environmental Specialist III
SUBJECT: Additional Information Request
Wastewater Treatment Plant Improvements
Town of Swansboro, North Carolina
DWQ Project No: 040385
PN: E97472.2
Dear Ms. Lutheran:
On behalf of the Town of Swansboro, we offer the following responses to comments
received from your office on May 13, 2005:
Comment No. 1: It appears that the total wetland impacts proposed at the project site
are now 2.73 acres including 1.01 acres of jurisdictional wetlands
and 1.72 acres of isolated wetlands. The isolated wetland impacts
are not included in the Individual Permit application. Please verify
the total amount of wetland impacts proposed.
Response No. 1: The above statement is accurate. 1.72 acres of isolated wetlands
disturbance is proposed as well as 1.01 acres of jurisdictional
wellands for a total of 2.73 acres of wetlands impact.
V.AWC)9TG91172.2%nodk lithmn oommct response Rr (6-29-05)doe 000 10.01 AM
GREEN ENGINEERING, PLLC
WATER, WASTEWATER SURVEYING, PLANNING, PROJECT MANAGEMENT
103 N. GOLDSBORO ST. PO COX 609 WILSON N.C. 27393 TEL [phone] FAX [phone] WWW.GREENENGINEEAING.COM
Ms. Noelle Lutheran
June 29, 2005
Page Two (2)
Comment No. 2: The additional information letter received by DWQ on March 21,
2005, included an acceptance letter from EEP for a maximum of
2.02 acres of riparian wetland mitigation. This is not cover the
amount of mitigation required for the project as proposed. Impacts
to 1.00 acre or greater of isolated wetlands requires mitigation at a
minimum of 2:1. Impacts to jurisdictional wetlands that equal or
exceed 1.00 acre, require mitigation at a minimum of a 1:1 ratio in
the form of restoration or creation. If the proposed impacts to
riparian wetlands are between 150 and 1000 feet from a stream,
mitigation at a 2:1 ratio will be required. This appears to be the
case. Please provide a mitigation plan including a new acceptance
letter from EEP if that is the form of mitigation you propose to use.
In addition, please propose to place the remaining wetlands on the
site in preservation and include a copy of the necessary legal
language (for example deed restrictions or a conservation
easement). Please note that preservation can be used for a part of
the proposed mitigation at a 5:1 ratio (not including the minimum
1:1 restoration/creation requirement).
Response No. 2: Per our conversation and correspondence with the U.S. Army
Corps of Engineers the mitigation plan is proposed as follows:
A. The Town of Swansboro will preserve all remaining
wetlands oil the sprayfield site into a permanent wetlands
preserve by executing deed restrictions oil those areas of
the site (Reference attached "Draft" Conservation
Declaration and Wetlands Boundary Survey -
correspondence with Mr. Brad Shaver). This plan was
suggested by the Corps of Engineers even before discussion
with the Division of Water Quality began. The Town of
Swansboro understands that by preserving all wetlands on
site it will be able to "Buy down" all remaining
restoration/creation requirements on isolated wetlands and
riparian jurisdictional wetlands to a 1:1 ratio.
VAW0971E9747214ad1c 49luam coa mat rcspaue tr (62M5)Aoc OY29105 1095 AM

Ms. Noelle Lutheran
June 29, 2005
Page Three (3)
B. The 7o?+vl of S?ranshoro ?rill f?Ilfill the remaining
restoration creation requirement by pro?vdrllg paynlent of
the total 2.73 acres of disturbed wetlands on site at a l:1
ratio into the North Caroline l;c osy.5te?n Enhancement
Program (N E'E1'). Mease reference attached
corresporrder?ce to /1 fs. Carol Sha??, of the F,cosj steal
E'nhancenlent 1'rogram requesting revision of the total
anxuult of wetlands payment to be provided into the
program.
Comment No. 3: The response to Comment No. 2 of the additional information
letter received by DWQ on March 21, 2005, states that there are
only "4" isolated wetland pockets on the project site but there
appears to be "5". In addition, you state that the one pocket south
of the proposed irrigated. There is also another isolated wetland in
"zone 10" that you did not mention. Monitoring of these two areas
have been previously required. Please submit a monitoring plan
that includes monitoring for vegetation and aquatic macrobenthos
for the two remaining isolated wetlands both before disturbance
and post disturbance (prior to irrigating and after). If you have any
questions conceong the monitoring plan, please call John Dorney
at [phone].
Response No. 3: As per our conversation, only three (3) isolated wetlands pockets
will be disturbed by this project. The remaining isolated wetlands
pockets will not be impacted in any way.
NC Administrative Code Section ISA NCAC 02H 0.1301(e) (3)
exempts discharge of treated effluent into isolated wetlands.
Therefore, no monitoring plan of these remaining isolated wetland
areas is required.
vlwo9r1I:974722Hodk kdaan oo®af nupmw kr (62M) _.. , 0&'nW 10:03 AM
Ms. Noelle Lutheran
June 29, 2005
Page Four (4)
Comment No. 4: Please provide this office with a copy of all correspondence
provided to the US Army Corps of Engineers including any
additional information provided and plan revisions.
Response No. 4: All correspondence frith the U.S. Arnry Coihs of A'Ilgilleers a a.c
prorided under.veparate cover. Recent correspondence from Mr.
Brad Shavvr is attached
I trust this information will assist you in completing your review and approval of this
project. However, if you should have any questions or require additional information, please
call.
Respectfully,
VLaZ"/Youncc, P.E.
WLY/pbg
Enclosures: As stated.
cc: Mr. Brad Shaver - U. S. Army, Corps of Engineers, Wilmington District
Mr. Larry Faison - Manager, Town of Swansboro, N.C.
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00"5 10.05 AM
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(iv) Increases in diecolifomidensity,decreasesin dissolved oxygen,orcliangesinzryothcr
watcrquality paranieterswhichare prcdictcdto result in mortalityof fish orodxraquatir
life,closingofswimmingueas or significantimpacton otlicrwateruses, regardless of
complianccwith conditions Subparts (d)(1)(E)(i(iii) of this Rule;
(v) The proposed addition of toxic pollutants in quantities not generally associated with
domestic wastewatercharacteristics,unless the acceptance of the additionahvmtcvatcr
can be supported through appropriateanalyscs acceptable to the Director.
(2) Approvals of additionalwastewatcrflows may be immediatelymindedby the Directodoranysdiodubor
condition violation, or limitviolations in two consecutive months, or any other violationhe considers
suflicicntlyscvcrc to warrantsuch action. In detcnniningviolationsto be suflicientlyscvere, theDiuctor
willconsidcr factors such as but not limitedto the paramctcr(s)being violated, the magnitudeof the
violation(s), the projected duration of the violation(s), the waters being impacted or projected to be
impactcdand the reasons forthe violation(s). In the notificationto the pcrmitteeQiat the flowhas been
rescindcd,tlre Directorwillidentifytlae factor(s) that madcthe decision necessary.
History Note: AudiorityG.S. 143-215.2; 143-215.3(a)(1);
Eff. August 3, 1992.
SECTION.1300 -DISC IIARGES TO ISOLATED WETLANDS AND ISOLATED WATERS
15A NCAC 0211.1301 SCOPE AND PURPOSE
(a) The provisions of this Section shall apply to Divisionof Water Quality(Division)regulatory and resource managemnn
determinationsregardingisolated wetlands and isolated classifiedsurface waters. This Sectionshall only apply to&s
resultingfromactivitiesthat require state reviewaflerthe eflectivedate of this Ruleand whiclirequireaDivsixaddcmintion
conceming effects on isolated wetlands and isolated classifiedsurface waters. For the purpose of this Secingdbdiagesha1
be the depositionofdredged or fillmaterialincludingbut not limitedto fall,carth, construction debris and soil.
(b) This Section outlines the application and review procedures forperrnittingofdischarges into isolated wetlands and
isolated classified surface waters whiclihave been listed in 1 A NCAC 02B .0300.Ifthe US Army Corps of Engineersor its
designee determ inesthat a particularwater or wetland is isolated and not regulated under Section 404of theCkm WatcrAct,
then discharges to that waterorwetlandshall be covered by this Section (IA NCAC 02H. 1301 -.1305).
(c) Activiticswhichresult in a discharge may be authorizedby the issuance of citheran IndividualPcrmitor a Ccrtifkate of
Covcrageto operate undera GeneralPermit.IndividualPcrmitsshall be issued on a caso-by-cast basis using thepmoodurcs
outlined in this Section. These IndividualPermitsdo not require approvalby the U.S.EavironmentaProtectionAgency.
CertificatesofCoverageforGenera IPermitsmaybe issued for types or groups ofdischarges resulting fromactivitrsthA=
similarin nature and considered to have minimafimpact. GeneralPcmritsinclude but are not limitedto activities such as
maintenance, utility lines, and road crossings. GencralPcrmitsshall be given public notice at least 45 days before the
proposed effective date of the GcneralPcrmiL These GcncralPcrmitsdo not requircapprovalby the U.S.Environmcntal
Protection Agency. IndividualPcrmitsand Ccrtif icatesof Coveragefor GeneralPcrmitsshallbe issued for a period of five
years afterwhichtimcthe Pcrmitshallbe void unless the discharge is complcteoran extcnsionis granted asdescd)odinl5A
NCAC 02H .1304(e).
(d) DischargesresultingfromactivitieswhichreceiveanlndividualPermitorCertificateofCovcmgcunderaGeneraiEUn-i
pursuant to this Section shall not be consideredto removeexistinguses of the isolated wetlandor.isolated surface waters.
(e) The followingare cxemptfromthis Section:
(1) Activities that are described in 15A NCAC 02B .0230;
(2) Discharges to isolated, man-made ponds or isolated ditches except for those wetlands or waters
constructed for compensatory mitigationorforon-site stormwatermanagement;
(3) Discharges oftreatedeflluentinto isolated wetLwdsandisolated classifredsurfacewatersresultingfi=,
activities which receivNPDES Permits or State NorDischarge Permits;
(4) Discharges for waterdcpcndcnt structures as dcfinedin 15A NCAC 02B .0202(67);
(5) A discharge resultingfroman activity if:
(A) The discharge resultingfromthe activity;equiresa 401Certifacationand 404Pcmitandd=cv ae
issued priorto the of cctivedate of this Rule;

(B) The projectrcquiresa state pcrmit,such as landfills,NPDES discliarges of treated efffucntNm-
Discharge Permits,land applicationof residuals and road construction activities, that has begtm
construction or arc under contract to begin construction and have received all required state
pennitspriorto the cffcctivedatc of this Rule;
(C) The project is being conducted by the N.C. Departmentof Transportation and they have
completed30%ofthe hydraulicdcsign forthe projectpriorto the effcctivedatc of this Rulc;or
(D) The applicanthas been authorizcdfora discharge into isolated wetlands or isolated waters fora
projectwhichhas establishcda VestcdRiglitundcrNortliCarolinalawpriorto the effectimdate
of this Rule.
History Note: AuthorityG.S. 143-2153(a)(6); 143 -215.3(a)(1); 143 -215.3(c);
Codifter determined that findings did not meet criteria fortemporary rule on September 26, 2001 and
October 12, 2001;
Temporary Adoption Eff. October 22, 2001;
Eff. April 1, 2003.
15A NCAC 0211.1302 APPLICATION PROCESS
(a) Applicationfora Permit. Any person, as definedinG.S.143,AAicie2l,desiring issuance ofa State IndividualPemlior
CertificatcofCoverageunder a GencmIPermitfordischarges resulting fromactivitieswhicltaffcct isolated class ifedsudaw
waters or isolated wetlands shall frlewitlr the Directorof the North CarolinaDivision of Water Quality (Dircctor),an ocigiw
and sixcopies of an applicationfora PermiL The applicationshall specify:
(1) the date of application;
(2) the name,address, and phone numbcrof the property owner,
(3) if the applicantis a corporation,the state in which it is domesticated,the namcand address of the North
Carolinaprocess agency, and the nameofthe individualwho shallbe primaril}responsiblefortheeoodoct
of the discharge resulting froman activity for which a Perm itis sought;
(4) the nature of the discharge includiagcumulativeimpactstoisolated and non-isolatedwvdndsandsobted
and non isolatedwaters that cause orwillcause a violationofdownstrcamwaterqualitysta<xkxdsrcsuliig
froman activity to be conducted by the applicant;
(5) whcthcrthc discharge has occurredor is proposed;
(6) the locationand extentofthe discharge, stating the applicablcmunicipalityltie county; thedmingebasin;
the nameofthe nearest namedsurface waters; and the locationof the point ofdischarge withregmdtotlx:
nearest namedsurface waters;
(7) an applicationfcc as rcquiredby G.S.143215.3D(c)vithacheckormoncyorderto be madcpgabbtothe
North Carolina Division of Water Quality. If payment of a fee is required for a 401 Water Quality
Certif icationlhen that fee shall since for this Rule; and
(8) the informationrcquested in Subparagraphs(1)through C7)ofthis Rulcmustbc providcdonora adiedto
the most current version of the North CarolinaDivis ionof Water Qualitylsolated Wetlands Notification
application form.
(b) Maps. Thcre shall be attached to the applicationforma map(s)withscalcs and north arrowsand of sufficientdetailto
accurately delineate the boundaries of the lands owned or to be utilizedby the applicatitn carrying out the discharge; the
location, dimensions and type of any structures that affect isolated wetlands or waters for use in connection with the
discharge; and the location and cxtcntof the isolated waters (prcfcmblysurvcyed o r located with GlobalPos itionngSlystan
cquipmcnt)includingwctlands withinthe boundaries of said lands.
(c) Request ForAdditionalInformation. The Directormayrequest, inwritingwithin60days ofreceiptofan applka i,nand
the applicant shall furnish, any additional informationthat may be found necessary for the proper consideration of the
application.Incompletcapplicationsshallbe returned to the applicant
(d) OmissionsFromApplications. Ifthe applicantbelievesthat it is not feasible or is unnecessary to furnish any pcdionof
the informatiomcquiledby Paragraphs (a), (b) and (c)ofthis Rule,applicantshallsubmitadctailedstatcmentcaplani2gtlx~
masons for omissionofany such information. Thefinaldecisionregardingthe completenessofthe applicatnnslAbcoade
by the Division of Water Quality based on the informationrcquired in Paragraphs (a), (b) and (c), and any explanation
providedby the applicantregardingomittedinformationprovidedinParagraph(c).
(e) Investigations. The staff of the Departmentof Environmentand NaturalResources (Department)shall conduct such
investigation as the Directordeems necessary and applicantshall cooperate in the investigationto the extentthat it shall
-, • Cosystem
PROGRAM
June 27, 2005 RECEIv
izLl
W. Landon Younce, PE JUL 0 5 2005
Green Engineering, PLLC
303 N. Goldsboro Street GREEN
Wilson, NC 27893
Project: Town of Swansboro Wastewater Plant County: Onslow
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
White Oak 1.01 1.72 0 0 0 0 0 0
03020106
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Carol Shaw at [phone].
Si rely,
;C11
Wil n D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit - a
Doug Huggett, Division of Coastal Management
Brad Shaver, USACOE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
-A
R.P,Storl i,?5... 'E... pro" Our Jtat-& `5ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /.www.nceep.net
June 24, 2005
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Attention: Mr. Brad Shaver
Regulatory Specialist
Wilmington Regulatory Field Office
SUBJECT: Comment Response
Town of Swansboro
Wastewater Treatment Plant Improvements
Swansboro, North Carolina
PN: E97-472.2
Dear Mr. Shaver:
In response to your letter dated June 21, 2005, please find the following items attached
regarding this project:
0 Draft Conservation Declaration for the deed restrictions to the Town of
Swansboro Land Application Site.
o Wetlands Boundary Survey, June 2005, to be recorded with Conservation
Declaration
These items are transmitted to you per our previous conversations and correspondence
with the Division of Water Quality. Please review these documents and advise.
If you should have any questions or require additional information, please call.
Respectfully,
W. Landon ounce, P.E.
WLY
Enclosures: As stated.
cc: Ms. Noelle Lutheran - NCDENR, Division of Water Quality
Mr. Larry Faison - Manager, Town of Swansboro, N.C.
GREEN ENGINEERING. PLLC
V.AW'09M747211UndSLwakr(6-24L.5AWATER. WASTEWATER SURVEYING. PLANNING. PROJECT MANAGEMENT- &74200S 1002 AM'
303 N. GOLDSIORO ST. PO EOK 609 WILSON N.C. 27893 TEL [phone] FAX [phone] WWW.GREENENGINEERING.COM

STATE OF NORTH CAROLINA
ONSLOW COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Town of Swansboro Land Application Site") is made on this
day of July _ 2005, by Town of Swansboro, 502 Church Street, Swansboro, North
Carolina 28584. (Declarant)
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(property) being approximately 52.06 acres, more particularly described in Exhibit A
attached hereto and by this reference incorporated herein "Record Wetlands Boundary
Survey, June 2005"; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with the
maintenance of the Property in its natural condition. The preservation of the Property in its
natural condition is a condition of Department of the Army permit Action ID issued
by the Wilmington District Corps of Engineers (Corps), required to mitigate for unavoidable
impacts to waters of the United States authorized by that permit, and this Conservation
Declaration may therefore be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and conditions
as set out herein, to run with the subject real property and be binding on all parties that have
or shall have any right, title, or interest in said property.
ARTICLE L 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
1
vawo97X974n2Uoaan x nr
conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment
of the natural features of the Property or any introduction of non-native plants and/or animal
species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility
pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or
facility on or above the Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural GraTing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property arc 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. Existing access paths shall be maintained in their existing state (Reference Record
Wetlands Boundary Survey, June 2005).
G. Si ng are. 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 Storap 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.
1. Excavation Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner on the
Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or
tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns. In addition, diverting or causing or permitting the
diversion of surface or underground water into, within or out of the casement area by any
2
V:1NO971i:974722MoMDodm9iM- -I-ioo,iI
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, except in those
areas where existing access paths remain (Reference Record Wetlands Boundary Survey,
June 20M).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, as. Army Corps of
Engineers, Wihnington 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, DecLvant'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 Dcclaranfs 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 Property Condition. "Ile 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 Dcchuation 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 Onslow 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 VM'NESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
[Signature of Declarant in proper form]
4
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