20080368 Ver 1_More Info Received_20080604

WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
7040 WRIGHTSVILLE AVENUE, SUITE ioi
WILMINGTON, NORTH CAROLINA, 28403
[phone]
FAX [phone]
TO: ND Division of Coastal Management
4oo Commerce Avenue
Moorehead City, NC 28557
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
E Attached
? Prints
? Change order
?p? t'Ug d 36 8
DATE 6/4/o8 JOB NO. 03050445-00
ATTENTION Ms. Joanne Steenhuis
PHONE#
910-796-72 i
RE: Grace Bay CAMA Major Permit Application
Submittal of Additional Information

? Under separate cover via
? Plans ? Samples
? Diskette ?
the following items:
? Specifications
COPIES DATE NO. DESCRIPTION
1 6/2/o8 0 0 0 .oo Additional Information Requested at May 21, 2oo8 meeting
1 6/2/o8 0 0 0 .oo Response to DWQ letter requesting additional information

D

THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted
? For your use ? Approved as noted
® As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
? Resubmit
? Submit
? Return
P= D
DENR-WA
WETLANDS AND STORMWATER BRANCH
- copies for approval
copies for distribution
corrected prints
COPY TO: Fle SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify us at once.
WITHERS C RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO: Joanne Steenhuis - DWQ 401 Wetlands Unit
FROM: Troy Beasley
DATE: June 4, 2008
PROJECT: Grace Bay CAMA Major Application
SUBJECT: Submittal of Additional Information
Joanne,
Due to a family emergency, the project Surveyor is going to be unable to complete the Conservation
Area Exhibit before June 5`I'. In an effort to facilitate issuance of your permit, I am providing all
additional information requested at the May 21, 2008 meeting, as well as the response to your letter
requesting more information. Upon completion of the Conservation Area Exhibit, I will provide a copy
to your office.
Please feel free to call me if you have any questions.
Sincerely
r
Troy Bea ey
Environmental Scientist
RECEIVED
AN c: 'NO
7040 Wrightsville Avenue Suite ioi i Wilmington, NC 28403 1 tel: [phone] fax: [phone] www.withersravenel.com
WITHERS RAVE N E L
ENGINEERS 1 PLANNERS I SURVEYORS
June 2, 2008
Mr. Daniel Govoni
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Re: Grace Bay CAMA Major Development Permit Application
Mr. Govoni:
This letter is in reference to the revisions to the Grace Bay CAMA Major Permit
application as a result of the multi-agency meeting on May 21, 2008. The revisions to the
application, site plan and additional information requested at the meeting have been
provided with this letter. The items provided are as follows:
1) Revised Site Plan
• The site plan has been revised to show the new house footprint on Lot 5,
which has further minimized proposed wetland impacts.
• The Site Information Table has been revised to show the correct acreage
of wetland impacts proposed (0.027 acres).
• The location of the 20' Access Corridor is shown. The Access Corridor
will allow for the future construction of a potential community pier/dock
to allow for private riparian access as discussed in the meeting.
2) Revised Application
• MP-1 - Page 3 has been revised to identify the correct length of retaining
wall proposed
• MP-2 - Page 2 has been revised to identify the correct acreage of wetland
impacts proposed
• MP-3 - Page 1 has been revised to identify the correct length of retaining
wall proposed.
3) Restrictive Covenant Language
• The proposed Restrictive Covenant Language has been provided. The
Restrictive Covenant Language was taken directly from the Corps of
Engineers' Attachment B - Restrictive Covenant Guidance of the
Wilmington District Process for Preservation ofMitigation Proper .
• The Restrictive Covenant language will be incorporated into the HOA
documents and will protect all preserved wetlands remaining in the post-
development condition. The Restrictive Covenants will remove the
riparian rights from Lots 4, 5 and 6, preventing the construction of
individual piers/docks. The future construction of a community pier/dock
has been allowed for by the incorporation of the 20' Access Corridor.
Please note that the Restrictive Covenants will not include the area
designated as the 20' Access Corridor, as the Restrictive Covenant
1410 Commonwealth Drive, Suite 1o1 Wilmington, North Carolina 28403 tel: [phone] fax:[phone]
www.withersravenel.com
WITHERS f'r'RAVENEL
.11
ENGINEERS I PLANNERS I SURVEYORS
language does not allow for pier construction. The areas proposed for
preservation under the Restrictive Covenant are identified in the enclosed
Conservation Area Exhibit. In order to provide protection over the
wetlands until the HOA documents have been drafted, the Restrictive
Covenants and Conservation Area Exhibit will be recorded with the
Carteret County Register of Deeds prior to initiation of the proposed
wetland impacts.
4) Avoidance and Minimization
• The document addressing the project's Avoidance and Minimization of
wetland impacts, as provided at the May 21, 2008 meeting, has also been
provided with this submittal.
Based on the multi-agency meeting on May 21, 2008, the information provided with this
letter will resolve all comments received during the Public Noticing period. Therefore, it
is my understanding that the enclosed information will complete the application process,
and facilitate issuance of the CAMA Major Permit for the Grace Bay project.
Please feel free to call me if you have any questions.
Since?rel
Troy Beasley
Environmental Scientist
Cc. Dave Timpy - US Army Corps of Engineers
Joanne Steenhuis - NC Division of Water Quality - 401 Wetlands Unit
Trish Murphy - NC Division of Marine Fisheries
1410 Commonwealth Drive, Suite lol Wilmington, North Carolina 28403 tel: [phone] fax:[phone]
www.withersravenel.com
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
The property is currently vacant. The previous wastewater treatment facilities consisted of onsite septic for the two previous
residences on the property.
o. Describe existing drinking water supply source.
The existing water supply is provided by West Carteret Water Corporation, which is a private utility company.
p. Describe existing storm water management or treatment systems.
There are no existing stormwater management/treatment systems on the property.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
® Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the project is to construct a residential subdivision. The daily operations will be consist of the activities with a
common residential subdivision.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The proposed development will be constructed using standard residential construction methods.
d. List all development activities you propose.
This application proposes the construction of a 12 lot residential subdivision, associated infrastructure (roads, utilities,
drainage swales, etc.) and a 549 foot retaining wall.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
f. What is the approximate total disturbed land area resulting from the proposed project? 5.0 ?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
There are no existing discharges to waters of the state. The project proposes 2 vegetated swales which will capture
stormwater runoff from the road and provide water quality treatment prior to discharging into the onsite 404 wetlands. This
stormwater design was approved by DWQ under Stormwater Permit #SW8 061207.
i. Will wastewater or stormwater be discharged into a wetland? ®Yes ?No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ®No ?NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>

a Id
3. SHORELINE STABILIZATION 0This section not applicable
(If development is a wood groin, use MP-4 Structures)
a. Type of shoreline stabilization:
[]Bulkhead ?Riprap []Breakwater/Sill []Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES El This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water 0.0
(iii) Dimensions of fill area
(iv) Purpose of fill
Backfill for bulkhead along lots 4, 5 and 6., selective
grading on remaining lots.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
OWL 1,172.79 sg ft []None
(ii) Describe the purpose of the fill in these areas:
1,172.79 sq ft (0.027 ac) of fill will be placed within 404
wetlands for construction of the retaining wall and backfill in
order to construct a house on Lot 5.
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Fill material will be kept on site and erosion controlled through the Bulldozer, backhoe, crane with vibrating attachment, trackhoe,
use erosion control measures approved under the Sediment grader, etc.
and Erosion Control Permit #Carte-2008-048
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
?Yes ONo ?NA site? ?Yes ONo ?NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
? 9+'L i?-,?1?•:5.?? s 77J?a""3c..?9'.2333.».?5,,9"3a'?:a r'xa1'3:5.s;]; 1. /26.P
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed.
12
The project proposes the construction of 12 residential lots,
t 549 If of retaining wall along lots 4, 5 and 6 and
infrastructure (roads, utilities, drainage swales etc)
associated with the subdivision.
c. Density (give the number of residential units and the units per
acre).
2.03 units per acre
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
®Yes ?No ?NA
(ii) If yes, list the date submitted: Permit # Carte-2008-048
Approved - 8/6/07
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
5.0 acres
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Impervious surfaces will consist of asphault for roads,
concrete for driveways and sidewalks, and those materials
needed for construction of residential dwellings (i.e.
concrete, asphault shingles, roof tile, etc).
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
11.0 % Imp Surface w/i 75' AEC - 7,550.00 sq ft of imp
16% Imp Surface w/i 575' AEC - 4,055.00 sq ft of imp
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
25% Total Impervious 257,243 sf of drainage area
64,310 sf of impervious surface
j. Describe proposed method of sewage disposal.
The project will treat all waste onsite with individual septic
systems for each lot.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ?No ?NA
(ii) If yes, list the date submitted: Permit #SW8 061207
Approved 12/15/06
k. Have the facilities described in Item (i) received state or local
approval?
®Yes ?No ?NA
If yes, attach appropriate documentation.
;, - _)_ S-f 9' . yj.y" ,F.5acco i l Jrf;Bnnagarn ia.? 1,n3:: S'< 1733?gJ 12,1:203/k :,,
Restrictive Covenant Language
"The areas shown on the recorded Grace Bay Conservation Area Exhibit 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 SAW-
2006-00792-016, 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."
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
Grace Bay CAMA Major Permit Application
Avoidance and Minimization Efforts
March 7, 2007 - Multi-Agency Meeting - Morehead City - The original site plan for
the project proposed a 14 lot subdivision with 0.50 acres (21,780 sq feet) of wetland
impacts for proposed Lots 4, 5 and 6. This site plan was reviewed at the multi-agency
meeting on March 7, 2007. Based on the comments regarding the avoidance and
minimization of wetland impacts, the site plan was revised to reduce wetland impacts.
April 11, 2007 - Pre-Application Meeting - DENR Wilmington Office- The revised site
plan reduced the proposed wetland impacts to 0.101 acres (4,403.17 sq feet). The
proposed wetland impacts were necessary for construction of Lots 5 and 6. The revision
to the site plan resulted in a minimization of 0.399 acres (17,380.44 sq ft) of wetland
impacts from the previous plan. The minimization of wetland impacts was accomplished
by:
? The removal of Lot 7, reducing the total proposed lots to 13. The area previously
planned for Lot 7 was dedicated as open/common area.
The revised site plan was reviewed in the second pre-application meeting with Dave
Timpy (COE) and Joanne Steenhuis (DWQ).
September 2007 - Original Application Submittal- The initial submittal of the CAMA
Major Permit application was submitted in September 2007. The site design proposed
0.048 acres (2,091 sq feet) of wetland impacts for construction of Lot 5. The revised site
plan minimized the proposed wetland impacts by 0.053 acres (2,308 sq feet) from the
previous plan. The minimization of wetland impacts was accomplished by:
? Lot 6 was removed from the site plan, reducing the total proposed lots to 12. The
area previously planned for Lot 6 was incorporated into the open/common area.
? Innovative septic systems were incorporated into Lots 4 and 5. The proposed
septic systems for Lots 4 and 5 are "Type APeat" systems, which are more
efficient than standard septic systems, and therefore require a smaller septic field
and repair area. The reduction of the size of the septic field allowed the houses
to be moved further towards the front of the lots, eliminating wetland impacts on
Lot 4 and minimizing wetland impacts for Lot 5 to only 0.035 acres.
January 2008 - Revised Application Submittal - DCM's verification of the Coastal
Wetland Line and NHW line resulted in significant changes to these lines. As a result of
the changes to the Coastal Wetland Line and NHW line, as well as previous agency
comments, the site plan and application were revised and re-submitted in January 2008.
The revised site plan proposed 0.035 acres (1521 sq ft) of wetland impacts for
construction of Lot 5. The revised site plan minimized the proposed wetland impacts by
0.013 acres (570 sq feet) from the previous plan. The minimization of wetland impacts
was accomplished by:
? The design of the building footprint was revised and the location of the bulkhead
was moved landward to reduce wetland impacts.
1410 Commonwealth Drive, Suite 1o1 Wilmington, North Carolina 28403 tel: [phone] fax: [phone]
www.withersravenel.com
WITHERS RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
May 2008 - Multi-Agency Meeting - The revised site plan proposes 0.027 acres
(1172.79 sq ft) of wetland impacts. The revised site plan minimizes the proposed
wetland impacts by 0.008 acres (348.29 sq feet) from the previous plan. The
minimization of wetland impacts was accomplished by:
? Revision of the building envelope of the house. The revision to the building
envelope allowed more of the actual house footprint to be moved out of the
wetlands. This also allowed the bulkhead to be moved farther landward,
reducing the necessary wetland impacts.
un4lanrp anr? Minimivoiinr`'n.+a'Tnhl?.
' 11Lµ{H.l Nell

Date
Proposed Impact Minimization From % Reduction
From Previous
Previous Plan
Plan
March 2007 0.50 ac (21,780 sq ft) N/A N/A
April 2007 0.101 ac ( 4403 sq ft) 0.399 ac (17,380 sq ft) 80%
September 2007 0.048 ac (2,091 sq ft) 0.053 ac (2,308 sq ft) 52%
January 2008 0.035 ac (1521 sq ft) 0.013 ac (570 sq feet) 27%
May 2008 0.027 ac (1172 sq ft) 0.008 ac (348.29 sq ft) 23%
95% Total
Total Minimization of Wetland Impacts 0.473 ac (20,606 sq ft) Minimization from
Original Plan
The final site plan represents the greatest extent of avoidance and minimization of wetland
impacts possible. The multiple revisions to the site plan have resulted in the avoidance and
minimization of 0.473 acres (20,606 sq ft) of wetland impacts, as well as the loss of two lots.
The final site plan has been designed to meet the minimum requirements of all permitting
agencies (NC Division of Stormwater Quality, NC Department of Environmental Health,
Carteret County Environmental Health, Carteret County Planning Department, NC DOT,
West Carteret Water Corporation, Carteret County Fire Marshall, etc). The proposed wetland.
impacts are necessary in order to construct Lot 5. Lot 5 essentially represents the profit
margin for the entire project. Without Lot 5, the project is not financially feasible. There are
not practical alternatives to avoid and minimize wetland impacts.
1410 Commonwealth Drive, Suite 1o1 Wilmington, North Carolina 28403 tel: [phone] fax: [phone]
www.withersravenel.com
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
June 2, 2008
NC-Division of Water Quality
401 Wetlands Unit
Attn: Ms. Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, NC 28405
RECEIVE-..'D
IUN i ,n 100
BX
Re: Grace Bay Subdivision - CAMA Major Permit Application
DWQ Request for More Information
DWQ Project # 08 0368
Dear Ms. Steenhuis,
This letter is in response to you Request for More Information letter, dated March 26,
2008, in reference to the Grace Bay CAMA Major Development Permit Application.
The responses to the items listed in your letter have been provided below.
1) During the previous meeting concerning this project, a boat basin was also
included in the proposed subdivision. The application submitted does not show the
boat basin, yet it does show a pedestrian easement between lots 2 and 3 ending
where the boat basin property is located. Please explain the purpose of the
easement since there is no proposed basin.
The applicant, NORTHSTAR Development Group, Inc. is exploring the option of
constructing a boat basin on the adjacent property as proposed in the April 23, 2007
multi-agency meeting. At the time of submittal of the CAMA Major Development
Permit application for the Grace Bay project, NORTHSTAR did not, and still does not,
own the property slated for the upland boat basin and it is uncertain if the boat basin will
come to fruition. Therefore, the boat basin was not included in the current CAMA Major
application. However, in order to accommodate the potential future boat basin, a
pedestrian easement was planned to allow for private pedestrian access to the boat basin
within the subdivision. In the event that the potential boat basin is abandoned, the
pedestrian easement will remain, but most likely will never be utilized. The site plan
submitted and approved by Carteret County was specifically for the 12 lot subdivision
and did not include a boat basin, see attached approved plan. In the event that the boat
basin becomes a feasible project, a permit modification for the CAMA Major Permit for
the Grace Bay subdivision will submitted to the Division of Coastal Management.
1410 Commonwealth Drive, Suite 1o1 Wilmington, North Carolina 28403 tel: [phone] fax: [phone]
www.withersravene1.com
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
2) In addition, there was also a proposed pier from the common area (shown as the
empty lot located between lot 5 and the cul-de-sac). Will this structure not be
included as a part of the subdivision?
The proposed pier discussed at the April 23, 2008 multi-agency meeting is not proposed
as part of the current application. Due to the uncertainty of potential boat basin, the
applicant would like to reserve the option of a community dock to provide private
riparian access. The community dock would extend from the common area, south of Lot
5. However, the actual alignment of the dock to reach Bogue Sound is uncertain, as
access easements would have to be obtained from adjacent property owners in order to
provide deep water access. Therefore, a 20' Access Corridor has been incorporated into
the site plan to allow for a potential pier to be constructed in the future. The applicant
proposes to incorporate a Restrictive Covenant in the Home Owners Association
documents which will preserve the onsite wetlands and remove the riparian rights for
Lots 4, 5 and 6, preventing the construction of individual piers/docks. The Restrictive
Covenants will not include the area identified as the 20' Access Corridor, as this
language does not allow for construction of a pier. Copies of the Restrictive Covenants
and Conservation Area Exhibit have been provided as an Appendix to this letter.
3) Please explain why the fill is necessary in lot 5, when the lot can be increased in
size by including the common area for the septic system (since there is no proposed
use for the common area) and moving the house footprint out of the wetland.
The incorporation of the uplands within the common area into Lot 5 is not feasible for
several reasons. The common area south of Lot 5 is being utilized to meet Carteret
County's Open Space requirement. By incorporating the upland area of the common area
into Lot 5 would result in paying an In-Lieu fee for open space requirements.
The NC Division of Environmental Health requires that the septic system be located a
minimum of 100' from the Mean High Water (MHW) line. In this case, the Normal High
Water (NHW) line is being used as the MHW line. The uplands within the common area
fall within the 100' setback from the NHW line. Therefore, the uplands within the
common area can not be utilized for the septic system for Lot 5.
4) At a minimum, DWQ requires that deed notifications (or restrictive covenants if
required by the US Army Corps of Engineers) be recorded for all lots with
jurisdictional waters. A sample deed notification can be found on the DWQ 401
Water Quality Certification website and the USACE language can be found on their
website. Please provide a draft copy that includes the proposed preservation
language that will be recorded to accomplish this.
The proposed Restrictive Covenant Language has been provided. The Restrictive
Covenant Language was taken directly from the Corps of Engineers' Attachment B -
Restrictive Covenant Guidance of the Wilmington District Process for Preservation of
1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 tel: [phone] fax: [phone]
www.wither5ravenel.com
WITHERS "r'7 RAV E ICI E L
ENGINEERS I PLANNERS I SURVEYORS
Mitigation Property. The Restrictive Covenant language will be incorporated into the
HOA documents and will protect all preserved wetlands remaining in the post-
development condition. Please note that the Restrictive Covenants will not include the
area designated as the 20' Access Corridor. The 20' Access Corridor will allow for the
potential future construction of a pier to provide riparian access in the event that the
upland boat basin never comes to fruition. The areas proposed for preservation under the
Restrictive Covenant are identified in the enclosed Conservation Area Exhibit. In order
to provide protection over the wetlands until the HOA documents have been drafted, the
Restrictive Covenants and Conservation Area Exhibit will be recorded with the Carteret
County Register of Deeds prior to initiation of the proposed wetland impacts. Copies of
the Restrictive Covenants and Conservation Area Exhibit have been provided as an
Appendix to this letter.
Please feel free to call if you have questions or require additional information.
Sincerel -
Beasly
Troy Y
Environmental Scientist
Attachments: Site Plan approved by Carteret County
Proposed Restrictive Covenant Language
Conservation Area Exhibit
Cc. Dave Timpy - US Army Corps of Engineers
Daniel Govoni - NC Division of Coastal Management
1410 Commonwealth Drive, Suite 101 Wilmington, North Carolina 28403 tel: [phone] fax: [phone]
www.withersravenet.com
Restrictive Covenant Language
"The areas shown on the recorded Grace Bay Conservation Area Exhibit 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 SAW-
2006-00792-016, 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."
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GRACE BAY WITI.IERB & RAVENEL ...I.
i IIEA?1AIwa Ei Er EEE/MELEE 1 tlAIIEIIaSA fEETETOEI' '
MAJOR SUBDNBON-PRELIM{NA"FILAT SITE. PLAN 4
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NOMCAKUV,