20081244 Ver 1_More Info Received_20081001

S�G�
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Date: 24 September 2008
To: Mr. Ian McMillan
Of: DWQ
Attached you will find:*
❑ Proposal ❑ Sketch(es)
❑ JD Package ❑ Report(s)
09-1144
SEGI Project #: 07.120.01
Client Name: Stevens Home Investments
USA Action ID#
Transmittal Letter r�
OCT 1 2008
DEW WATER QUALITY
�yp� ar:.� S70RWIATER ®RANCH
WU,
❑ Permit ❑ Signed Wetland Map ❑ Photo(s)
❑ Plans ❑ Information Request ® Other
Copies
Dated
Description
1
22 Sept 2008
Response letter to phone conversation with Kim Garvey
1
Preservation Docs for Pinnacle Townhomes
"If noted items are NOT attached, please contact our office.
These are being delivered:
® For your Review/Comment ❑ For your Records ❑ Returned for Correction(s)
❑ Corrected and Returned ❑ For your Signature ❑ As Requested
❑ Other:
By: ® Hand Delivery ❑ Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other
Notes:
Ian:
Attached is a copy of a response letter that was sent to Kim earlier in the week, for the Pinnacle project. I am also mailing a copy of the
preservation documents. Let me know if you have any questions...
Signature and (Typed) Name: %kms�ct--J
Amanda L. Kolb
Date: 09/24/08

o8_1a4}
RESTRICTIVE COVENANT GUIDANCE
August, 2003
Often, developers of residential or commercial subdivisions subject the property on
which the subdivision is built to restrictive covenants, that include provisions such as
setbacks, types of homes/buildings that can be built, etc. If the District has determined
that restrictive covenants are acceptable as a means of preserving mitigation property, the
following language can be added to those restrictive covenants:
"The areas shown on the recorded plat (identify the plat by title, date, and
recording data) as conservation areas shall be maintained in perpetuity in their
natural or mitigated condition. No person or entity shall perform any of the
following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile
homes, signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID
, and therefore may be enforced by the United States of America. This covenant
is to run with the land, and shall be binding on the Owner, and all parties claiming
under it."
Usually, restrictive covenants have a provision that the property owners (either all of
them or some percentage of them) can amend or modify the restrictive covenants. If that
is the case, that provision needs to provide that our required paragraph (usually identified
by paragraph number) cannot be amended without the express written consent of the U.
S. Army Corps of Engineers, Wilmington District.
The permit condition should state that the permittee will record restrictive covenants,
acceptable to the Corps of Engineers, for the purpose of maintaining the mitigation areas
in their natural state in perpetuity, prior to the sale or conveyance of any lots or other
property within the subdivision. It is important that the restrictions be recorded prior to
the sale of any property within the subdivision (or phase, if it is being developed by
phase). If they are not, then any property sold prior to the recording of the restrictive
covenant are not subject to those covenants. Suggest the following:

"Permittee shall execute and cause to be recorded in the County
Register of Deeds restrictive covenants acceptable to the Corps of Engineers for
the purpose of maintaining the conservation areas, as shown on the recorded
plat* (identify by title, date, and recording data), in their natural state in
perpetuity, prior to the sale or conveyance of any lots or other property within the
subdivision. The permittee shall enforce the terms of the restrictive covenants
and, prior to conveyance of the property, shall take no action on the property
described in the covenants inconsistent with the terms thereof. The permittee
shall provide a copy of the recorded restrictive covenants to the Corps of
Engineers within 15 days of recording."
* It is possible and acceptable that the plat may not be recorded at the time of the
issuance of the permit. If that is the case, delete the word "recorded" and be sure you
have a copy of a plat showing the conservation areas in the file, and identify it in the
permit condition by title and date. The plat, however, must be recorded at the time the
restrictive covenants are recorded, and prior to the sale of any lots in the subdivision.
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S?.G.0
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Date: 24 September 2008
To: Mr. Chad Coburn
Of: DWQ

SEGi Project #: 07-120.01
Client Name: Stevens Home Investments
USAME Action ID#:
Transmittal Letter (,C ?
? r
low
A?
S-P2, 208
Attached you will find:*
? Proposal ? Sketch(es) ? Permit ? Signed Wetland Map ? Photo(s)
? JD Package ? Report(s) ? Plans ? Information Request N Other
Copies Dated Description
1 22 Sept 2008 Response letter to phone conversation with Kim
These are being delivered:
N For your Review/Comment
? Corrected and Returned
? Other:
'If noted items are NOT attached, please contact our office.
? For your Records ? Returned for Correction(s)
? For your Signature ? As Requested
By: ® Hand Delivery ? Fed-Ex ? UPS ? Regular Mail ? Other
Notes:
Chad:
Attached is a copy of a response letter that was sent to Kim earlier in the week, for the Pinnacle project. I am also mailing a copy of this
package to Ian, in additon to providing him with the preservation documents. Let me know if you have any questions...
Signature and (Typed) Name: +V\Qc*?
Amanda L. Kolb
Date: 09/24/08
gout ern Environmental Ciroup, Inc.
5315 South College Road, `juite E. - Wilmington, North Carolina 28412
910.+52-2711 - rax: 910.452.2899 • of [e-mail]
www.segi.us
22 September 2008
Hand Delivery
Ms. Kimberly Garvey
USACE - Wilmington District
PO Box 1890
Wilmington, NC 28402
RE: Pinnacle Townhomes
Supplemental Information
SAW-2008-2435
Dear Ms. Garvey:
[SEGi Project #: 07-120.011
This letter is in reference to information requested in a telephone conversation between you,
David Syster and Amanda Kolb. The information contained within this letter has been obtained
from Hanover Design Services and Tripp Engineering. Your concerns are outlined, and
addressed, below:
1. Can Impact Area 4 be "tightened up" at all? If not, please provide an explanation
as to why the road must remain 80 feet in width.
Attached is a typical cross-sectional drawing of Mallory Creek Drive. According to both
the surveyor and engineer, the 80 foot right-of-way is necessary, to allow for the
construction of the roadway, the installation of the utilities, the construction of sidewalks,
bike paths and roadside swales.
2. Is there a median proposed for the length of Mallory Creek Drive?
A median is not proposed for the length of Mallory Creek Drive. There is a median
proposed at the entranceway off NC 133, but it does not run the length of the subdivision.
3. On Cross-sections 1 and 3, is there adequate room to accommodate both the "ditch
beyond" and "3:1 slope" shown? If water collects in the ditch, will it erode the 3:1
slope?
The engineer has stated that there is adequate room to accommodate both the ditch and
the slope, as shown on the submitted cross-sections. According to the engineer, "the spot
elevations on either side of this wetland impact are high points, therefore no water should
SEGO
collect on this end of the roadside swale". The engineer has provided revised cross-
sectional drawings, to show the spot elevations discussed.
4. It appears that a corner of a wetland may be impacted by the road right-of-way on
Cross-section 3. Please clarify whether or not this is an impact.
According to the surveyor, the wetlands in question are approximately two feet off the
back of the sidewalk. Neither the surveyor, nor the engineer, feel a wetland impact will
occur in this area. In fact, a waterline was relocated in the planning process, to avoid
impacting this wetland corner.
5. Please place Permanent Impact Area 2 and Temporary Impact Area 2 on the same
cross-sectional drawing, versus having them on two separate pages. In addition,
please revise the cross-section to reflect the profile of Section B-B - the drawing
provided appears to be a profile of the other direction.
The engineer has placed both the temporary and permanent wetland impacts on the same
cross-sectional drawings. According to the engineer, the profile of Section B-B was
drawn correctly in the first submittal - the engineer stated that the cross-section shows
two drop inlets on either side, as the section line should indicate on the zoom shot.
6. Finally, on Cross-Section 2, what is the thin line surrounding the wetland complex?
Is it a buffer? Is it where silt fence is proposed? A corner of the proposed sidewalk
infiltrates this thin line, and the Corps needs to know what it represents, to
determine if an additional impact request is warranted.
The thin line surrounding the wetland complex represents where silt fencing will be
installed. The engineer revised the line-types, to allow for easier differentiation.
Please review the responses above, and for further clarification, see the documents attached. If
you have any questions or concerns, please feel free to contact our office at 910.452.2711.
Thank you, in advance, for your time.
Sincerely,
4Y)CA)_
Amanda L. Kolb
Environmental Consultant
Enclosures: 1) Typical Cross-Section of Mallory Creek Drive
2) Revised Cross-Sectional Drawings of Proposed Impact Areas
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