20050834 Ver 2_Complete File_20060608

401 projects
Subject: 401 projects
From: Patricia Collins <[e-mail]>
Date: Tue, 13 Jun 2006 08:02:40 -0400
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>, Doug
Huggett <[e-mail]>, [e-mail]
The following project did not require a 401 permit:
2006 0839, Scott Marshall, New Hanover County
The following project was issued a permit on 06/08/2006:
2005 0834Mod, The Willows Subdivision Phase I, Brunswick County

Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
1 of 1 6/28/2006 9:57 AM
? . ?. Michael F. Easley, Governor
oWApG
b:;

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 8, 2006
Mr. Dan Hila, President
The Willows Development Corporation
311-8A Judges Road
Wilmington, NC 28405
Subject Property: The Willows Subdivision Phase I
Leland
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 050834 Modification
Brunswick County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hila:
o ?&E
JUN 1 9 2006
DENR - VVPTER QUALITY
WETLWDS gyp STCQx,PATER SRANC i
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within 0.43 acres of wetlands and temporarily impact 0.21 acres of wetlands for the purpose of
constructing access roads and utility lines for a residential subdivision at the subject property, as
described within your application dated May 22, 2006 and received by the N.C. Division of Water
Quality (DWQ) on May 22, 2006. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3404 and 3374. The Certifications allow you
to use Nationwide Permits 14 and 12 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and Stormwater regulations. Also, this approval to proceed with your proposed impacts or
to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream N/A feet
Permanent 404 Wetland 0.43 acres Sites B, C, D, E, & F
Temporary 404 Wetland 0.21 (acres) Sites G, H, J, K, L, & M
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Servicel-877-623-6748 One
FAX [phone] Internet: www.ncwaterquality.org Nturall'y
hiCarolina
The Willows Development Corporation
Page 2 of 3
June 8, 2006
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO 10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
The Willows Development Corporation
Page 3 of 3
June 8, 2006
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http:Ah2o.enr.state.ne.us/su/Forms_Documents.htm
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. The
Conservation Easement language provided will satisfy this condition provided that a copy of the
recorded easement is submitted to this office and to the 401 Unit Office in Raleigh within 30 days
of receipt of this Crtification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional
Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincer ,
Alan W. Klimek, P.E.
AWK/nml `
Enclosures: WQC 3404 and 3374
Certificate of Completion
cc: Henry Wicker, USACE Wilmington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit, Raleigh
DLR Wilmington Regional Office
Noelle Lutheran, DWQ Wilmington Regional Office, File Copy
Central Files
Filename: 00834-2. j un06
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B.0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
5. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-11),
2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina, April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;
WQC #3404
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel, to the
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404
WQC #3374
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B.0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit
198100049 or when deemed appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
appropriate. If any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any
project with Buffer Rules in effect at the time of application for buffer impacts resulting
from activities classified as "allowable with mitigation" within the "Table of Uses" section of
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made by DWQ for any Certification
involving written concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than a near-perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to
the stream bank);
WQC #3374
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed with no joints connected within the footprint of a stream
channel or within 2 feet of the stream banks. Otherwise, written concurrence from DWQ
is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 26.0233,.0259,
.0250 and .0243. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 26 .0233, .0259-0250 and .0243.
All new development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable through
the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Rip rap may only be used below the normal high water level.
The stream cross section must be restored to its original grade and elevation. Placement
of rip rap or other materials shall not result in de-stabilization of the stream bed or banks
upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable;
WQC #3374
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance corridor beyond those widths
specified in this General Certification;
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
wetland for buried utility lines. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area;
18. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ
Regional Office must be contacted to determine if Coastal Stormwater Regulations still
apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these
impacts is acceptable when compensatory mitigation is required as long as the Wetlands
Restoration Program agrees in writing to accept this payment. Other mitigation plans
must receive written DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
WQC #3374
24. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 12 or Regional Permit 198100049
whichever is sooner;
25. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3374
WQC #3374
ANTI SEEP COLLAR
5
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
Triage Check List
Date: 6/07/06
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 5/23/06 to 7/21/06
From: Cyndi Karoly Telephone: [phone]
Project Name: The Willows SD
DWQ#: 05-0834, Ver. 2
County: Brunswick
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Re: The Willows: 05-0834
Subject: Re: The Willows: 05-0834
From: Laurie Dennison <laurie [e-mail]>
Date: Tue, 06 Jun 2006 08:30:15 -0400
To: Noelle Lutheran <[e-mail]>
I did not give it a 06 # but will keep it as it is in BIMS as 05-0834 V2 & I'll
change the things that need to be changed (Permits tab, & impacts..if they chgd).
Laurie
Noelle Lutheran wrote:
That is correct. The Willows II does not actually exist. The USAGE is going to
do it all under The Willows (Phase I) which is a modification of 05-0834. The 06
# should be deleted or note that it is a duplicate. Thanks,
Noelle
Laurie Dennison wrote:
Recvd on 5/23/06 revised PCN for 05-0834
It appears they are changing from a NW39 to NW 12 & NW14 & Dana says to just
"incorporate into the previously submitted application"
I'm away next week on vacation & won't be back until Tues 5/6 but I need your
input before I move forward on this one.
Thanks,
Laurie
1 of 1 6/6/2006 8:30 AM
RE: The Willows: 05-0834
Subject: RE: The Willows: 05-0834
From: Laurie Dennison <[e-mail]>
Date: Fri, 26 May 2006 15:26:59 -0400
To: Noelle Lutheran <[e-mail]>
Recvd on 5/23/06 revised PCN for 05-0834
It appears they are changing from a NW39 to NW 12 & NW14 & Dana says to just
"incorporate into the previously submitted application"
I'm away next week on vacation & won't be back until Tues 5/6 but I need your input
before I move forward on this one.
Thanks,
Laurie
l of 1 5/26/2006 3:28 PM
05--D93q
5outkern F nvironmental Group, Inc.
Environmental, Development & Conservation Advisors
Transmittal
Date: May 22, 2006 SEGi,Project #04-010,0.1
To: Ian McMillan
From: Dana Lutheran
Re: Revisions to Request for New 401 Certification '.
The Willows Phase I
Va
? Urgent 9 For your review / records ? Please comment ? Please reply / call ? Complete and return
Comment(s):
Ian,
On April 27, 2006 our office sent you the request for a new 401 certification for the Willows Phase I. At the time
we submitted that request, we were unaware that the stormwater plan included 0.09 acre of temporary impacts to
wetlands. Therefore, I am sending to you the revised project narrative/cover letter and PCN, and 3 new
attachments (Attachment 2-WD1, Attachment 2-WD2, and Attachment 2-WD3) to be incorporated into the
previously submitted application.
Sorry for any confusion we may have caused, and, as always, thank you so much for your assistance.
Dana Lutheran
/11"_0111?
5r-GI
5515 South Collcge }toad, Suitt F
Wilmington, Nortk Carolina 28412
www.scgi.us
r=1 r=
9@,01615 01
MAY 2 3 2006
UENR - WATER QUALITY
WETIMAND STORMWATER&RA O From the desk of:
Dana A. Lutheran
910.452.271 1 (officc)
910.452.2899 (fax)
910.228.1841 (ccll)
NOTICE
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this document or the information contained within this document is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone and/or e-mail and then destroy the original communication in an
effective shredder or return the original communication to us at the above address. Please call if the communication is illegible or
incomplete.
Gv- !.1
jouthern Lnvironmcntal C3roup) Inc.
5315 5. College Rd. `juite E Wilmington, North Carolina 28+12
910.+52-2711 • rax: 910.452.2899 [e-mail]
www.segi.us
1
May 22, 2006
Hand Delivery
Cynthia Karoly
401 Oversight/Express Review Permitting Unit
NC DENR DWQ
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
RE: Request for New Certification
The Willows Phase I - Version 2
DWQ Project # 050834
Dear Cynthia,
?SEGiPro?ect,#?04-010.01;
On October 5, 2005 Southern Environmental Group, Inc. (SEGi) received the Approval of 401
Water Quality Certification and Additional Conditions for the aforementioned project. Due to
the number of revisions made to the Pre-Construction Notification (PCN), SEGi is requesting a
new 401 certification.
Based on the previously submitted PCN, the project was approved for seven road crossing and
parking lot fill, permanently impacting 0.42 acre of 404/401 wetlands. The mitigation plan
consisted of conservation of the remaining 64.07 acres of wetlands.
Presently, the the developer proposes to permanently impact 0.43 acre, while also temporarily
impacting 0.21 acre of 404/401 wetlands. Areas A and I were removed from the potential
impacts submitted previously. All the permanent impacts are associated with road crossings,
while the temporary impacts are associated with the installation of utility lines. As mitigation,
for the proposed impacts, the developer has agreed to conserve 12.07 acres of 404/401 wetlands,
5.31 acres of upland buffer, and creation of wetlands totaling 0.50 acre. There are no further
impacts anticipated with this project. The Phase 11 wetland delineation was verified by Jennifer
Frye (USACE) on May 9, 2006. A copy of the signed jurisdictional boundary map will be
forwarded to your office as soon as we it is received.
For clarification and verification of the statements made above, please see the following attached
documentation:
_ ,J
SE-Gi
Attachment 1- PCN (Revised May 22, 2006)
Attachment 2 - Proposed Site Plan (Revised March 2006)
2a - Zoom of Impact Area B (2 sheets)
2b - Zoom of Impact Area C (2 sheets)
2c - Zoom of Impact Area G
2d - Zoom of Anti-Seep Collar Detail for Area G
2e - Zoom of Impact Area D
2f- Zoom of Impact Area E
2g - Zoom of Impact Area F
2h - Profile Drawings of Road Crossing Area D, E, and F
2i - Zoom of Impact Area H
2j - Zoom of Impact Area J (2 sheets)
2 -WD 1 - Phase II Project Boundary (new addition)
2-WD2 - Phase II Impact Map (new addition)
2-WD3 - Profile of Stormwater Drain for Phase II (new addition)
Attachment 3 - Conservation Language & Accompanying Exhibit Map
Attachment 4 - Upland Buffer Conservation Areas
4a - Zoom of Upland Buffer Areas (Sheets 1-5)
Attachment 5 - Wetland Creation Profile Drawing
Attachment 6 - Mitigation Plan for Created Wetlands
Att-aelfnen`' Awafd Letter-ft TTGE (repealed)
Attachment 8 - Overall Project Areas of Concern
8a - Zoom Shots of Concern Areas ( Sheets W 17 - W27)
Attachment 9 - Notification of Jurisdictional Determination & Accompanying Signed Map
The documentation provided is the most current and is not expected to change. The filing fee, in
the amount of Two Hundred Dollars ($200.00), along with 5 copies of the documentation, was
mailed UPS to Ian McMillan on April 27, 2006.
Hopefully the documentation submitted will satisfy the States requirements and the certification
will be issued promptly. However, should you have questions or concerns, please feel free to
contact me at 910.452.2711. I look forward to hearing from you.
Sincerely,
Dana Lutheran
-?
Project Manager
5r-6I
cc: Noelle Lutheran (DWQ - Wilmington)
Enclosures (23)
Office Use Only: Form Version May 2002
$ 3 V Z,
USACE Action ID No. DWQ No. O 5 - C>
fir any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
N Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP Ja- i-14
3. If this notification is solely a courtesy copy because written approval for the 401
Certification is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is
proposed for mitigation of impacts (verify availability with NCEEP prior to submittal
of PCN), complete section VIII and check here: N
5. If your project is located in any of North Carolina's twenty coastal counties (listed on
page 4), and the project is within a North Carolina Division of Coastal Management
Area of Environmental Concern (see the top of page 2 for further details), check here:
x
II. Applicant Information
1. Owner/Applicant Information D R G? (, 9WI
Name: The Willows Develo ment Corp.
Attn: Dan Hilla MAY 2 3 2006
Mailing: 311-8A Judges Roads
Wilmington, NC 28405 WETLANDS NDS -WATER QUALITY
AND STORMWIITER BRANCH
Telephone: [phone]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization
letter must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Group Inc.
Mailing Address: 5315 S. College Rd. Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheran(a segims
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing
property boundaries and development plans in relation to surrounding properties. Both the
vicinity map and site plan must include a scale and north arrow. The specific footprints of
all buildings, impervious surfaces, or other facilities must be included. If possible, the
maps and plans should include the appropriate USGS Topographic Quad Map and NRCS
Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be
included at the applicant's discretion, so long as the property is clearly defined. For
administrative and distribution purposes, the USACE requires information to be submitted
on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of
any size. DWQ prefers full-size construction drawings rather than a sequential sheet
version of the full-size plans. If full-size plans are reduced to a small scale such that the
final version is illegible, the applicant will be informed that the project has been placed on
hold until decipherable maps are provided.
1. Name of project: The Willows Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0370005505
Location
County: Brunswick Nearest Town: Leland
Subdivision name (include phase/lot number): The Willows S.D., Phase I_
Directions to site (include road numbers, landmarks, etc.):
The property is on the north side of US 74-76 at the intersection of Highway 17
4. Site coordinates, if available (UTM or Lat/Long):34.2284° N 78.012411 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately
lists the coordinates for each crossing of a distinct water body.)
5. Property size (acres): 125.56 acres
6. Nearest body of water (stream/river/sound/ocean/lake): Sturgeon Creek, Brunswick
River
7. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins.
The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
8. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application:
Please see the attached aerial photograph, soil survey and topo map for details of
the project site. The site is bordered by Hwy 17 along with commercial and
residential properties.
9. Describe the overall project in detail, including the type of equipment to be used:
The proposed construction will include the development of a subdivision with
approximately 290 home sites, associated landscaping and roadways. The work
will be completed by using heavy machinery such as backhoes, graders etc
10. Explain the purpose of the proposed work:
To create a subdivision with associated road ways, landscaping, and utilities
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for
this project (including all prior phases of the same subdivision) in the past, please explain.
Include the USACE Action ID Number, DWQ Project Number, application date, and date
permits and certifications were issued or withdrawn. Provide photocopies of previously
issued permits, certifications or other useful information. Describe previously approved
wetland, stream and buffer impacts, along with associated mitigation (where applicable).
If this is a NCDOT project, list and describe permits issued for prior segments of the same
T.I.P. project, along with construction schedules.
Existing NWP 12 & 14 issued on 4/26/06 - Action ID #200501325. DWQ Project
Number 050834. Phase II wetland delineation was approved by the Corp on May 9,
2006.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated for Phase I of the Willows Subdivision
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to wetlands, open water, and stream channels associated with the project. The applicant
must also provide justification for these impacts in Section VII below. All proposed
impacts, permanent and temporary, must be listed herein, and must be clearly identifiable
on an accompanying site plan. All wetlands and waters, and all streams (intermittent and
perennial) must be shown on a delineation map, whether or not impacts are proposed to
these systems. Wetland and stream evaluation and delineation forms should be included
as appropriate. Photographs may be included at the applicant's discretion. If this proposed
impact is strictly for wetland or stream mitigation, list and describe the impact in Section
VIII below. If additional space is needed for listing or description, please attach a separate
sheet.
I. Provide a written description of the proposed impacts:
Area A: Impact area has been removed
Areas B, C, D, E, F: Proposed impact for road crossings
Areas G, H, J, K, L & M: Temporary impact for utility pipes
Area I: Impact area has been removed
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet) Type of
Wetland***
B Road/fill 0.0826 No N/A Wet flat
C Road/fill 0.0831 No N/A Wet flat
D Road/fill 0.0368 No N/A Wet flat
E Road/fill 0.1608 No N/A Wet flat
F Road/fill 0.068 No N/A Wet flat
G Temp/Utility 0.08 No N/A Wet flat
H Temp/Utility 0.01 No N/A Wet flat
J Temp/Utility 0.03 No N/A Wet flat
K Temp/Utility 0.057 No N/A Wet flat
L Temp/Utility 0.029 No N/A Wet flat
M Temp/Utility 0.001 No N/A Wet flat
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized
clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service
Center at 1-800-358-9616, or online at http://xvww.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver
pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 64.49 Acre
Proposed permanent impacts: 0.43 Acre
Proposed temporary impacts: 0.21 Acre
3. Individually list all intermittent and perennial stream impacts below: N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated
rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and
net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If
stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must
be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the
nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or
online at ???%w.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g.,
waw.topozone.com, NvNtiw.mapqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:Not Applicable
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below :Not Applicable

Open Water
Impact
*
Area
of
Name of Waterbody Type of Waterbody
(lake
pond
estuary
Site
Number
(indicate on map) Type of Impact Impact
(acres)
(if applicable) ,
,
,
sound, bay, ocean,
etc.
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc
5. Pond Creation Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond
should be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply):O uplands? stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation
of draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout
pond, local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to
provide information related to site constraints such as topography, building ordinances,
accessibility, and financial viability of the project. The applicant may attach drawings of
alternative, lower-impact site layouts, and explain why these design options were not
feasible. Also discuss how impacts were minimized once the desired site plan was
developed. If applicable, discuss construction techniques to be followed during
construction to reduce impacts.
Wetland impacts were avoided to the greatest extent possible by the planner.
Wetland fill is only proposed for portions of roadways where no route through
upland is possible. In addition, proposed roadways shall be built not to exceed the
minimum DOT standard width. All impacts will be within local setbacks and
consistent with zoning regulations.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of
impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts
to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will
be required when necessary to ensure that adverse effects to the aquatic environment are
minimal. Factors including size and type of proposed impact and function and relative
value of the impacted aquatic resource will be considered in determining acceptability of
appropriate and practicable mitigation as proposed. Examples of mitigation that may be
appropriate and practicable include, but are not limited to: reducing the size of the project;
establishing and maintaining wetland and/or upland vegetated buffers to protect open
waters such as streams; and replacing losses of aquatic resource functions and values by
creating, restoring, enhancing, or preserving similar functions and values, preferable in the
same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in
order for USACE or DWQ to consider the application complete for processing. Any
application lacking a required mitigation plan or NCWRP concurrence shall be placed on
hold as incomplete. An applicant may also choose to review the current guidelines for
stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina,
available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should
provide as much information as possible, including, but not limited to: site location
(attach directions and/or map, if offsite), affected stream and river basin, type and
amount (acreage/linear feet) of mitigation proposed (restoration, enhancement,
creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions,
conservation easement, etc.), and a description of the current site conditions and
proposed method of construction. Please attach a separate sheet if more space is
needed.
For the purpose of developing the subdivision, 0.43 acre of wetlands will be
permanently impacted. The applicant has agreed to preservation of 12.027 acre
of the remaining wetlands on the project site, 5.31 acre of upland buffer,
2. Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP). Please note it is the applicant's responsibility to
contact the NCWRP at [phone] to determine availability and to request written
approval of mitigation prior to submittal of a PCN. For additional information
regarding the application process for the NCWRP, check the NCWRP website at
http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):Not Applicable
Amount of buffer mitigation requested (square feet):Not Applicable
Amount of Riparian wetland mitigation requested (acres):Not Applicable
Amount of Non-riparian wetland mitigation requested (acres):C__- : ___ _
Amount of Coastal wetland mitigation requested (acres):Not Applicable
Environmental Documentation (required by DWQ) .
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No Fxl
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental
documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to required state and local buffers associated with the project. The applicant must also
provide justification for these impacts in Section VII above. All proposed impacts must
be listed herein, and must be clearly identifiable on the accompanying site plan. All
buffers must be shown on a map, whether or not impacts are proposed to the buffers.
Correspondence from the DWQ Regional Office may be included as appropriate.
Photographs may also be included at the applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules
and Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ?O If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If
buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone*

Impact
square
( feet)

Multiplier

M tq at on
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund).
Please attach all appropriate information as identified within 15A NCAC 2B .0242 or
.0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
State Stormwater Permit was approved 9/26/05 number SW8050829
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)
of wastewater generated from the proposed project, or available capacity of the subject
facility.
Public water and sewage utilities will be present and utilized by the subdivision.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer
Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No X?
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of
desired construction dates to allow processing time for these permits. However, an
applicant may choose to list constraints associated with construction or sequencing that
may impose limits on work schedules (e.g., draw-down schedules for lakes, dates
associated with Endangered and Threatened Species, accessibility problems, or other
issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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SCALE: 1" =100'
Leland, North Carolina
PROJECT NO. : 04226 DATE: 12/28/05 0 100 200 300
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Dffice Use Only: Form Version May 2002
USACE Action ID No. DWQ No. D5- O$ 3 4 V2_
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
0 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
0 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP la- # 14
3. If this notification is solely a courtesy copy because written approval for the 401
Certification is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is
proposed for mitigation of impacts (verify availability with NCEEP prior to submittal
of PCN), complete section VIII and check here: 0
5. If your project is located in any of North Carolina's twenty coastal counties (listed on
page 4), and the project is within a North Carolina Division of Coastal Management
Area of Environmental Concern (see the top of page 2 for further details), check here:
0
II. Applicant Information
1. Owner/Applicant Information
Name: The Willows Development, Corp. nn„
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Attn: Dan Hilla ?5@
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Mailing: 311-8A Judges Roads M
MAY 2 3 20
Wilmington, NC 28405 06
Telephone: [phone] ySR WATER QU
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2. Agent/Consultant Information (A signed and dated copy of the Agent Aut
ati
letter must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Grou p, Inc.
Mailing Address: 5315 S. College Rd. Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheran(a)segi.us
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing
property boundaries and development plans in relation to surrounding properties. Both the
vicinity map and site plan must include a scale and north arrow. The specific footprints of
all buildings, impervious surfaces, or other facilities must be included. If possible, the
maps and plans should include the appropriate USGS Topographic Quad Map and NRCS
Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be
included at the applicant's discretion, so long as the property is clearly defined. For
administrative and distribution purposes, the USACE requires information to be submitted
on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of
any size. DWQ prefers full-size construction drawings rather than a sequential sheet
version of the full-size plans. If full-size plans are reduced to a small scale such that the
final version is illegible, the applicant will be informed that the project has been placed on
hold until decipherable maps are provided.
1. Name of project: The Willows Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0370005505
Location
County: Brunswick Nearest Town: Leland
Subdivision name (include phase/lot number): The Willows S.D., Phase I
Directions to site (include road numbers, landmarks, etc.):
The property is on the north side of US 74-76 at the intersection of Highway 17
4. Site coordinates, if available (UTM or Lat/Long):34.22840 N 78.01240 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately
lists the coordinates for each crossing of a distinct water body.)
5. Property size (acres): 125.56 acres
6. Nearest body of water (stream/river/sound/ocean/lake): Sturgeon Creek, Brunswick
River
7. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins.
The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
8. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application:
Please see the attached aerial photograph, soil survey and to o map for details of
the project site. The site is bordered by Hwy 17 along with commercial and
residential properties.
9. Describe the overall project in detail, including the type of equipment to be used:
The proposed construction will include the development of a subdivision with
approximately 290 home sites, associated landscaping and roadways The work
will be completed by using heavy machinery such as backhoes graders etc
10. Explain the purpose of the proposed work:
To create a subdivision with associated road ways, landscaping, and utilities
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for
this project (including all prior phases of the same subdivision) in the past, please explain.
Include the USACE Action ID Number, DWQ Project Number, application date, and date
permits and certifications were issued or withdrawn. Provide photocopies of previously
issued permits, certifications or other useful information. Describe previously approved
wetland, stream and buffer impacts, along with associated mitigation (where applicable).
If this is a NCDOT project, list and describe permits issued for prior segments of the same
T.I.P. project, along with construction schedules.
Existing NWP 12 & 14 issued on 4/26/06 - Action ID #200501325 DWO Project
Number 050834. Phase II wetland delineation was approved by the Corp on Mgy 9.
2006.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated for Phase I of the Willows Subdivision
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to wetlands, open water, and stream channels associated with the project. The applicant
must also provide justification for these impacts in Section VII below. All proposed
impacts, permanent and temporary, must be listed herein, and must be clearly identifiable
on an accompanying site plan. All wetlands and waters, and all streams (intermittent and
perennial) must be shown on a delineation map, whether or not impacts are proposed to
these systems. Wetland and stream evaluation and delineation forms should be included
as appropriate. Photographs may be included at the applicant's discretion. If this proposed
impact is strictly for wetland or stream mitigation, list and describe the impact in Section
VIII below. If additional space is needed for listing or description, please attach a separate
sheet.
1. Provide a written description of the proposed impacts:
Area A: Impact area has been removed
Areas B, C, D, E, F: Proposed impact for road crossings
Areas G, H, J, K, L & M: Temporary impact for utility pipes
Area I: Impact area has been removed
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet) Type of
Wetland***
B Road/fill 0.0826 No N/A Wet flat
C Road/fill 0.0831 No N/A Wet flat
D Road/fill 0.0368 No N/A Wet flat
E Road/fill 0.1608 No N/A Wet flat
F Road/fill 0.068 No N/A Wet flat
G Temp/Utility 0.08 No N/A Wet flat
H Temp/Utility 0.01 No N/A Wet flat
J Temp/Utility 0.03 No N/A Wet flat
K Temp/Utility 0.057 No N/A Wet flat
L Temp/Utility 0.029 No N/A Wet flat
M Temp/Utility 0.001 No N/A Wet flat
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized
clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service
Center at 1-800-358-9616, or online at http://x""N-.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver
pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 64.49 Acre
Proposed permanent impacts: 0.43 Acre
Proposed temporary impacts: 0.21 Acre
3. Individually list all intermittent and perennial stream impacts below: N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated
rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and
net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If
stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must
be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the
nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or
online at tivANw.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g.,
www.topozone.com, i%VvNv.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:Not Applicable
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below :Not Applicable
Open Water Impact Area of Type of Waterbody
Site Number Type of Impact* Impact Name of Waterbody (lake, pond, estuary,
(indicate on map) (acres) (if applicable) sound, bay, ocean,
etc.
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc
5. Pond Creation Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond
should be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply):0 uplandsO stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation
of draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout
pond, local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to
provide information related to site constraints such as topography, building ordinances,
accessibility, and financial viability of the project. The applicant may attach drawings of
alternative, lower-impact site layouts, and explain why these design options were not
feasible. Also discuss how impacts were minimized once the desired site plan was
developed. If applicable, discuss construction techniques to be followed during
construction to reduce impacts.
Wetland impacts were avoided to the greatest extent possible by the planner.
Wetland fill is on!X proposed for portions of roadways where no route through
upland is possible. In addition proposed roadways shall be built not to exceed the
minimum DOT standard width. All impacts will be within local setbacks and
consistent with zoning regulations.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of
impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts
to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will
be required when necessary to ensure that adverse effects to the aquatic environment are
minimal. Factors including size and type of proposed impact and function and relative
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002 wroa.T a sn¢r ur STORMWATER DITCH Phase II WD3
WUN=m MOM ? =+ SHEET 3 OF 3 Leland, North Carolina
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ruc (e10) 30- PROJECT NO. : 04226 DATE: 12/28/05
value of the impacted aquatic resource will be considered in determining acceptability of
appropriate and practicable mitigation as proposed. Examples of mitigation that may be
appropriate and practicable include, but are not limited to: reducing the size of the project;
establishing and maintaining wetland and/or upland vegetated buffers to protect open
waters such as streams; and replacing losses of aquatic resource functions and values by
creating, restoring, enhancing, or preserving similar functions and values, preferable in the
same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in
order for USACE or DWQ to consider the application complete for processing. Any
application lacking a required mitigation plan or NCWRP concurrence shall be placed on
hold as incomplete. An applicant may also choose to review the current guidelines for
stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina,
available at http://h2o.enr.state.ne.us/ncwetiands/strmgide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should
provide as much information as possible, including, but not limited to: site location
(attach directions and/or map, if offsite), affected stream and river basin, type and
amount (acreage/linear feet) of mitigation proposed (restoration, enhancement,
creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions,
conservation easement, etc.), and a description of the current site conditions and
proposed method of construction. Please attach a separate sheet if more space is
needed.
For the purpose of developing the subdivision, 0.43 acre of wetlands will be
permanently impacted. The applicant has agreed to preservation of 12.027 acre
of the remaining wetlands on the project site. 5.31 acre of upland buffer,
2. Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP). Please note it is the applicant's responsibility to
contact the NCWRP at [phone] to determine availability and to request written
approval of mitigation prior to submittal of a PCN. For additional information
regarding the application process for the NCWRP, check the NCWRP website at
http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):Not Applicable
Amount of buffer mitigation requested (square feet):Not Applicable
Amount of Riparian wetland mitigation requested (acres):Not Applicable
Amount of Non-riparian wetland mitigation requested (acres):C.-- : __. -
Amount of Coastal wetland mitigation requested (acres):Not Applicable
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No Fx1
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental
documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to required state and local buffers associated with the project. The applicant must also
provide justification for these impacts in Section VII above. All proposed impacts must
be listed herein, and must be clearly identifiable on the accompanying site plan. All
buffers must be shown on a map, whether or not impacts are proposed to the buffers.
Correspondence from the DWQ Regional Office may be included as appropriate.
Photographs may also be included at the applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules
and Water Supply Buffer Requirements), or other (please identify)?
Yes ? No O If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If
buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund).
Please attach all appropriate information as identified within 15A NCAC 2B .0242 or
.0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
State Stormwater Permit was approved 9/26/05 number SW8050829
k _ F
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)
of wastewater generated from the proposed project, or available capacity of the subject
facility.
Public water and sewage utilities will be present and utilized by the subdivision
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer
Rules?
Yes ? No N
Is this an after-the-fact permit application?
Yes ? No X?
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of
desired construction dates to allow processing time for these permits. However, an
applicant may choose to list constraints associated with construction or sequencing that
may impose limits on work schedules (e.g., draw-down schedules for lakes, dates
associated with Endangered and Threatened Species, accessibility problems, or other
issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program
Date: May 17, 2006
RE: Willows Development - Willows S/D, Brunswick Co. 401/404 Application DWQ # V2 05-
0834
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
application for impacts to wildlife and fishery resources. A site visit was conducted on May 16, 2006. Our
comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and 404 of the Clean Water Act (as amended).
The project is located north of the intersection of US74/76 and US 17 in Brunswick County. The property
consists of approximately 125.56 acres including approximately 64.49 acres of pine flatwoods and pocosin
wetlands much of which forms the headwaters of an un-named tributary of Sturgeon Creek in the Cape Fear
River Basin. Waters in this area are classified C-Swamp by the Division of Water Quality (NCDWQ).
The applicants propose to impact approximately 0.43 acre of wetlands through filling.to construct roads and
provide infrastructure for 290-home subdivision. The applicants propose to mitigate for wetland impacts by
buy-in to the NC EEP program at a ratio of 2:1 for 0.84 acre of non-riparian wetlands; the preservation of
12.027 acres of the remaining 64.06 acres of wetlands on-site; and the preservation of 5.31 acres of upland
buffer.
We have the following concerns/recommendations:
• The wetland map and GIS data suggest that there may be perennial or intermittent steams present at
least to the west of Phase 1. We recommend a 100 ft native forested buffer is maintained or created
on each side of any on-site perennial streams. We recommend a 50 ft native forested buffer is
maintained or created on each side of intermittent streams.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Willows S/D
May 17, 2006
• We recommend that all road crossings of streams be bridged or that bottomless culverts be used,
where practicable. Where standard culverts are used, we recommend they are embedded sufficiently
to allow for the passage and settlement of aquatic organisms. We do not support the simple filling of
wetlands or streams for road crossings as this practice destroys wetland connectivity.
• The main access (impact E) is not oriented in such a way as to minimize wetland impacts. We
recommend it be realigned to curve north of the wetlands and the power transmission poles locate
there.
• We recommend that all remaining wetlands on-site are preserved in perpetuity through conservation
easement using language as provided in the draft document.
We have no objection to the project provided our recommendations are included as permit conditions. Thank
you for the opportunity to review and comment on this application. If you have any questions or require
additional information regarding these comments, please call me at [phone].
CC: Noelle Lutheran, NCDWQ
Tom Farrell, USACE
Date: 5/05/06
Triage Check List
v 9, c S - C) g:;-
Project Name: The Willows SD
DWQ#: -0tr0$34--'
County: Brunswick
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 5/01/06 to 6/29/06
From: Cyndi Karoly Telephone: [phone]
4
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
\r I os-o834
5outkern Environmental Group, Inc.
Environmental, Development & Conservation Advisors
Transmittal
Date: April 27, 2006 $EGi_Prolect # 04.010.0
To: Ian McMillan (DWQ)
From: Dana Lutheran r- ,?
Re: Request for New 401 Certification r r
DWQ Project #050834
x? Urgent For your review / records ? Please comment ? Please reply / call ? Complete and return
Comment(s):
Ian,
As we discussed on Thursday, April 27, Southern Environmental Group, Inc. is requesting a new 401 Certification
for the Willows Phase I. Please find a copy of the cover letter and 5 copies of the accompanying documentation,
submitted Joanne Steenhuis, Wilmington District Office, on today's date. Also included with this transmittal is the
filing fee, in the amount of Two Hundred Dollars ($200.00).
Please contact me if you should have questions or concerns.
Da
5F-61
53 15 5outk College }toad, juite r
Wilmington, North Carolina 28412
www.seg1.us

From the desc of:
Dana A- Lutheran
910.452.271 1 (office)
910.452.2899 (fax)
910.228.1841 (cc11)
NOTICE
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this document or the information contained within this document is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone and/or e-mail and then destroy the original communication in an
effective shredder or return the original communication to us at the above address. Please call if the communication is illegible or
incomplete.
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jouthern Environmental Group, Inc.
5515 5• College Rd. Suite E. Wilmington, North Carolina 28+12
910.452.2711 • rax: 910.452.2899
www.segws
April 27, 2006
Hand Delivery
Mrs. Joanne Steenhuis
NC DENR DWQ - Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Request for New Certification
The Willows Phase I
DWQ Project # 050834
Dear Joanne,
$EGi Project # 04-010.01
On October 5, 2005 Southern Environmental Group, Inc. (SEGi) received the Approval of 401
Water Quality Certification and Additional Conditions for the aforementioned project. Due to
the number of revisions made to the Pre-Construction Notification (PCN), SEGi is requesting a
new 401 certification.
Based on the previously submitted PCN, the project was approved for seven road crossing and
parking lot fill, permanently impacting 0.42 acre of 404/401 wetlands. The mitigation plan
consisted of conservation of the remaining 64.07 acres of wetlands.
Presently, the the developer proposes to permanently impact 0.43 acre, while also temporarily
impacting 0.12 acre of 404/401 wetlands. Area "A" was removed from the potential impacts
submitted previously. All the permanent impacts are associated with road crossings, while the
temporary impacts are associated with the installation of stormwater lines. As mitigation, for the
proposed impacts, the developer has agreed to conserve 12.07 acres of 404/401 wetlands, 5.31
acres of upland buffer, and creation of wetlands totaling 0.50 acre. There are no further impacts
anticipated with this project.
For clarification and verification of the statements made above, please see the following attached
documentation:
Attachment 1 - PCN (Revised April 7, 2006)
Attachment 2 - Proposed Site Plan (Revised March 2006)
o{[e-mail]
2a - Zoom of Impact Area B (2 sheets)
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SCALE: 1" = 30'
T%iiiiiiia
0 30 60 90
No%s KUM&n* M. WETLAND IMPACT The Willows Subdivision
oowJLTM'°' N°' AREA 8 - CROSSING Leland, North Carolina W4
?! INUAN M MC1 SHEET 1 OF 2
mom (910) 30-NM
Am?k F"" (°'o) "'-°°°' o PROJECT NO. : 04226 DATE: 12/28/05
tfweOnktenq.oom
50.0' RIGHT OF WAY
46' WIDE IMPACT
PROPOSED
EXISTING GRADE SIDEWALK
PROPOSED
ROAD
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PROPOSED o
CULVERT WATERMAIN
SANITARY SEWER

CROSS SECTION OF ROAD
PROPOSED GRADE PROPOSED 15" RCP
EXISTING GRADE CULVERT
20% (3)" TO BE
BELOW GRADE

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WETLANDS UPLANDS
UTILITIES
PROFILE OF ROAD
SCALE: 1" .10'
0 10 20 30
NOFM..KUMM a,UMff•,. WETLAND IMPACT The Willows Subdivision
°OTM° E"'gam°' N°' AREA B - CROSSING Leland, North Carolina W5
Alm 1k t W. no+
= 910) 30-"W SHEET 2 OF 2
FAX (q*ng.cm a
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otfiuOnkGnq.eom
PROJECT NO.: 04226 DATE: 12/28/05

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VERI = 19.80

PLAN OF CROSSING

SCALE: 1" = 30'
0 30 60 90
aTUNSTw- WETLAND IMPACT The Willows Subdivision
°ON°uTMO °1S NO AREA C - CROSSING Leland, North Carolina W6
SHEET 1 OF 2
FMW (910) 343-NW
FAX (ono) 30-OW off"Onktonq.oom PROJECT NO. : 04226 DATE: 12/28/05

60.0' RIGHT OF WAY
52.0' WIDE IMPACT
(STING GRADE
PROPOSED
SIDEWALK
PROPOSED
ROAD
3 PROPOSED
11 3 11 GRADE
-- Z' I-- I-T --------- - PROPOSED j \-WATERMAIN
CULVERT --? SANITARY
SEWER
CROSS SECTION OF ROAD
PROPOSED PROPOSED 18"
GRADE RCP CULVERT
20% MIN. (4")
EXISTING TO BE BELOW
GRADE -7\ GRADE
4, Mir, A
UTILITIES
PROFILE OF ROAD
SCALE: 1 10'
0 10 20 30
aTt*MTN.L AREA C - CROSSING The Willows Subdivision
00fmLTm o+owws. NO' WETLAND CROSSING NUMBER 3 Leland, North Carolina W7
. SHEET 2 OF 2
MCK (910) 343-NW
Fix °1°""-°°04 PROJECT NO. : 04226 DATE: 12/28/05
offiteOnktsnq.ean
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150 / SS
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OVERALL PLAN
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FAX [phone]
otr"Onkt"Q.oom
PROJECT NO. : 04226 DATE: 12/28/05
SCALE: 1" = 50'
0 50 100 150
WETLAND IMPACT The Willows Subdivision
AREA G -STORMDRAIN CROSSING Leland, North Carolina W8
SHEET 1
t4 +fa-eh m e4l? ?- 2,?,

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CLASS B CONCRETE OR
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NOFW^ KUMM & TUMff 1LL
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FAX (910) 343-""
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36" RCP STORMDRAIN LINE
PROJECT NO. : 04226 DATE: 12/28/05
PLAN
ANTI-SEEP COLLAR DETAIL
NO SCALE
WETLAND IMPACT The Willows Subdivision
AREA G- STORMDRAIN CROSSING Leland, North Carolina W9
ANTI-SEEP COLLAR DETAIL
SECTION
A 4achm&O? QC-,
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WETLAND, TO REMAIN

PLAN OF FILL AREA
WETLAND TO BE FILLED
AREA D:
1,601 sf / 0.0352ec-
r SCALE: 1" = 30'
RL 0 30 60 90
NORMS, KUMM &,uwsTMJ WETLAND IMPACT The Willows Subdivision
mmomme, N°' m MOJMT SUM AREA D- FILL Leland. North Carolina W10
FAX [phone]"
offaaOnktsngnq.com .com
PROJECT NO. : 04226 DATE: 12/28/05

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SD \ - 328.0'

• WETLAND. 70 REIAAIN.

PLAN OF FILL AREA
NOM% KUMM &?lMWM.L
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wuwwral. 11R, 2E101
ROM (910) 313-WW
FAX [phone]
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PROJECT NO. : 04226 DATE: 12/28/05
SCALE: 1" = 50'
0 50 100 150
WETLAND IMPACT The Willows Subdivision
AREA E - FILL Leland, North Carolina W 11
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NOM KUMM & UMT11LL
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Fear (970) 313-90SJ
FAIT [phone]
oMcWnktenq.com
WETLAND IMPACT
AREA F - FILL
SCALE: 1" = 30'
0 30 60 90
The Willows Subdivision
Leland, North Carolina W12
PROJECT NO. : 04226 DATE: 12/28/05
A 4-15W rnen4 2 h,
EXISTING GRADE
36.5' IMPACT AREA
ROPOSED ROADWAY
3
11-
3
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ROADWAY SECTION WETLAND FILL AREA F
60.0' RIGHT OF WAY
24.6' IMPACT AREA
EXISTING GRADE
D ROADWAY
ROADWAY SECTION WETLAND FILL AREA D SCALE: 1"= 10'
0 10 20 30
Nome, KUMM arjm8r•,L WETLAND IMPACT The Willows Subdivision
ooHSUmTMO w°WmMquff m S TRW WETLAND FILL AREAS Leland, North Carolina W13
W? 2801 ROADWAY SECTIONS
PH01E (410) 30-NW
`t" keng. "-°°°` PROJECT NO. : 04226 DATE: 12/28/05
)q . +a-C, men 4-
32.1'
WB
24.5' 17.9'
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SCALE: 1" = 30'
0 30 60 90
WETLAND IMPACT The Willows Subdivision
AREA H - FILL Leland, North Carolina W14
SHEET 1 OF 1
PROJECT NO. : 04226 DATE: 12/28/05

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UPLANDS
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PROPOSED
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UPLANDS
I,,
PLAN OF CROSSING
TEMPORARY IMPACT
SCALE: 1" = 30'
0 30 60 90
NOft-^ KUGM &TUNsTM.L WETLAND IMPACT The Willows Subdivision
°ONn`""'° wammmwm W AREA J - CROSSING Leland, North Carolina W15
AA W2 MMV WUMIMM of ? W SHEET 1 OF 2
fiesOnkt" ?nq.com
F (9 PROJECT NO. : 04226 DATE: 12/28/05
30.0'
I PACTED D AR
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. . . . . .'.
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PROFILE OF CROSSING
0CP10A.Tm 00094mS, NO.
A 902 M#JM STFW
wumwm NC. U01
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FA% [phone]
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WETLAND IMPACT
AREA J - CROSSING
SHEET 2 OF 2
SCALE: 1" = 50' VERTICAL
0 5 10 15
SCALE: 1" = 50' HORIZONTAL
0 50 100 150
The Willows Subdivision W 16
Leland, North Carolina
PROJECT NO. : 04226 DATE: 12/28/05
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MCC (910) 343-M3
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CONSULTING ENGINEERS, NC.
902 WKET STREET
N'RMINGTON, NC, 28401
PHONE [phone]
FAX [phone]
olFKSOnkUnq.?om
1,?. o I and ?-?'?cr
OVERALL PLAN
The Willows Subdivision W28A
Leland, North Carolina
PROJECT NO. : 04226 DATE: 12/28/05
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SCALE: 1"= 300'
0 300 6,00 900
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9m WKEr LAWa+ ?+ SHEET 1 OF 5
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9m M# M IMM 2W, SHEET 4 OF 5
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FAX (910) 3+3-900.4
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WETLAND IMPACT
OVERALL PLAN - ZOOM AREAS
SHEET 1
The Willows Subdivision
Leland, North Carolina W17
PROJECT NO. : 04226 DATE: 12/28/05
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SCALE: 1" = 300'
0 300 600 900
? ? 190
,
182
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- - - - - - - - - - -
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184
" - I - I CREATED IWETLAND AREA I - I - I -
. . . . . . . V I I I -
20,985.0 sf (0.482 ac) _ I I I I I i
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.
. _
I( I +25 I 1+52.51 - - -
-
BEGIN WETLAND
_
-0±25 I . . . . .
- I - - -
- - - -

. . . . . . . . . . . G+04.19. I I - . . . . .
- . . . . .
EXISTING WETLAND I - _ _ -
- - - - " BOUNDARY LINE . . . - - .
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
HORIZONTAL SCALE - - r
1"=60'
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38
36
34
32
30
28
26
24
EXISTING GRADE
22
20 PROPOSED BOTTOM OF EXCAVATION
,s
16
HORIZONTAL SCALE *TO BE BACKFILLED
1"=40' WITH HYDRIC SOILS
VERTICAL SCALE
1"=16'

PREPARED BY:
THE WILLOWS/PHASE 1 SOUTHERN ENVIRONMENTAL GROUP
5315 SOUTH COLLEGE ROAD, SUITE E
WETLAND CR EAT O N PROFILE WILMINGTON, NORTH CAROLINA 28412
PHONE: [phone] FAX [phone]
LELAND BRUNSWICK COUNTY C AROLINA

PREPARED FOR SHEET 1 OF i WETLANDS DELINEATED BY: D. SCHIBETTA

THE WILLOWS DEVELOPMENT CORPORATION
DATE: 4/11/2006 DWG: WLLOWS.DWG
p men ?,3
E. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
F. The maximum allowable built-upon area per Lot is as follows (this data is shown on
the above referenced plat plus lots for which the Declarant has an approved stormwater plan but
which Declarant is under no obligation to subdivide or develop in any particular fashion or for
any particular use):
Lot Number Allowable Impervious (sf)
1-190 3500
These allotted amounts include any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or
the water surface of swimming pools.
G. Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated
with the development except for average driveway crossings, is strictly prohibited by any person.
H. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters
1. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters
J. Filling in piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
K. This project proposes a curb outlet system. Each designated curb outlet swale shown
on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes
or flatter, have a longitudinal slope no steeper than 5% carry the flow from a 10 year storm in a
non erosive manner, and maintain a dense vegetated cover.
ARTICLE X
CONSERVATION OF MITIGATION AREAS
Section 1. Recitals & Conservation Purposes
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property) being approximately acres, more particularly described in Exhibit A
attached hereto and by this reference incorporated herein [reference to a recorded map showing a
survey of the preserved area may be required; 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 200200709 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.
Section 2. 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 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. 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. Signage. 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.
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 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.
Section 3. 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.
Section 4. Public Access
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.
Section 5. Documentation and Title
A. Conservation Property 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. 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.
Section 6. 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. 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.
ARTICLE XI
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in this
Declaration are for the purpose of protecting the value and desirability of the Planned
Community and the Lots. All present and future Owners, tenants and occupants of Lots and their
guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration,
and as the Declaration may be amended from time to time. The acceptance of a deed of
conveyance or the entering into of a lease or the entering into occupancy of any Lot shall
constitute an agreement that the provisions of the Declaration are accepted and ratified by such
Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and
bind the land and shall bind any person having at any time any interest or estate in any Lot, their
heirs, successors and assigns, as though such provisions were made a part of each and every deed
of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded,
after which time they shall be automatically extended for successive periods of ten (10) years,
unless terminated by the Lot Owners.
SECTION 2.. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity)
by the Association, or the Owner of any Lot, their respective legal representatives, heirs,
successors and assigns. The Executive Board shall be entitled to enforce its Articles of
Incorporation', Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments, the following remedies shall be
available:
A. Association to Remedy Violation. In the event an Owner (or other occupant ala Lot) is
in violation of or fails to perform any maintenance or other activities required by this
Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive Board,
alter 30-days notice, may enter upon the Lot and remedy the violation or perform the required
maintenance or other activities, all at the expense of the Owner. The full amount of the cost of
remedying the violation or performing such maintenance or other activities shall be chargeable to
the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall be due and
payable within 30 days after Owner is billed. If not paid within said 30 day period, the amount
thereof may immediately be added to and become a part of the Annual Assessment levied against
said Owner's Lot. In the event that any maintenance activities are necessitated to any Common or
Limited Common Elements by the willful act or active or passive negligence of any Owner, his
family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not
fully covered by insurance, then, at the sole discretion of the Board of Directors, the cost of the
same shall be the personal obligation of the Owner and if not paid to the Association upon
demand, may immediately be added to and become a part of the Annual Assessment levied
against said Owner's Lot.
B. Fines. The Association may in accordance with the procedures set forth in the Act
establish a schedule of and collect fines for the violation of this Declaration or of the
Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an Owner does not
pay the fine when due, the fine shall immediately become a part of and be added to the Annual
Assessment against the Owner's Lot and may be enforced by the Association as all other
Assessments provided for herein.
C. Suspension of Services and Privileges. The Association may in accordance with the
procedures set forth in the Act suspend all services and privileges provided by the Association to
an Owner (other than rights of access to Lots) for any period during which any Assessments
against the Owner's lot remain unpaid for at least 30 days or for any period that the Owner or the
Owner's Lot is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or
Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter. The remedies provided herein are cumulative and are in addition to any other remedies
provided by law.
ARTICLE X11.
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders. Any institutional holder of a first lien
on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association
during normal business hours, (b) receive an annual financial statement of the Association within
ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of
the Association and right to designate a representative to attend all such meetings, (d) receive
written notice of any condemnation or casualty loss that affects either a material portion of the
Planned Community or the property securing its loan, (e) receive written notice of any sixty-day
(60) delinquency in the payment of Assessments or charges owed by any Owner of any property
which is security for the loan, (f) receive written notice of a lapse, cancellation, or material
modification of any insurance policy or fidelity bond maintained by the Association, (g) receive
written notice of any proposed action that requires the content of a specified percentage of
mortgage holders, and (h) be furnished with a copy of any master insurance policy.
SECTION 2. Utility Service. Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an initial
payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will
be required to pay for any water connections, sewer connections, impact fees or any other charges
imposed by any entity furnishing water, sewer or other utility service to the Lots. In the
alternative, the Developer may collect such connection, impact and other fees, and charges
directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use
water and sewer supplied by the companies/governmental units servicing the Planned
Community. Separate water systems for outside irrigation and other outdoor uses shall not be
permitted without the consent of the Architectural Control Committee.
SECTION 3. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
SECTION 4. Amendment of Declaration. Except in cases of amendments that may be
executed by the Declarant under this Declaration or by certain Lot Owners under the Act, this
Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots
to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the
Declarant if necessary for the exercise of any Special Declarant Right or development or other
right reserved to the Declarant herein. Notwithstanding the foregoing, no provisions of Article
IX and Article X can be amended without the express written consent of the North Carolina
Department of Environment and Natural Resources and no provision of Article X can be
amended without the express written consent of the US Army Corps of Engineers, Wilmington
District.
Willows Development Corporation
STATE OF NORTH CAROLINA
COUNTY OF
BY:
I, the undersigned notary public hereby certify that President of Willows
Development Corporation personally appeared before me and with the authority duly given and
as the act of the corporation acknowledged the due execution of the foregoing instrument.
Witness my hand and seal this _ day of October, 2005.
My Commission Expires:
Notary Public
X Millowsmaster.wpd
f
A 4achmen? ?
Southern Environmental 6rou P, Inc.
5315 South College Road, Suite E • Wilmington, North Carolina 28412
910.452.2711 • Fax: [phone] • [e-mail]
www.segi.us
The Willows Mitigation Plan
Requested By:
Mr. Daniel Hilla
The Willows Development Corporation
311-8A Judges Road
Wilmington, NC 28405
Prepared By:
Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
March 2006
Introduction
Mr. Daniel Hilla of The Willows Development Corporation has undertaken development
activities within the proposed subdivision, The Willows located at the intersection of US-
74/76 and Highway 17 in Leland, Brunswick County, North Carolina. Mr. Hilla wishes
to complete his development and requests Department of the Army approval for
unavoidable impacts to section 404 wetlands.
Mr. Hilla has retained Southern Environmental Group, Inc. to prepare a mitigation plan
to off-set all unavoidable wetland impacts associated with the proposed development
The Willows Phase I encompasses 125.56 acres. A wetland delineation was completed
by Mitchell & Associates and was verified by Mr. Thomas Farrell on 12 February 2003 .
It was determined that of the 125.56 acres, 64.49 acres would be considered wetlands
(according to the parameters set forth by the United States Army Corps of Engineers).
Impacted Sites
At the present time 64.49 acres of jurisdictional wetlands exist within the proposed
subdivision. Completion of the proposed subdivision requires that 0.43 acres of 404
wetlands be permanently impacted.
There are eight (8) areas of proposed wetland impact located throughout the proposed
Willows Subdivision. Five (5) of the proposed impacts are associated with the
completion of roadways, which would grant access of lots to property owners, while
meeting minimum DOT standards. The remaining three (3) proposed impacts are
temporary and are associated with the placement of stormwater pipes. All proposed
impacts are unavoidable, and have been minimized as much as possible (Figure 1- Impact
Map).
The areas of proposed impacts can all be classified as wet flats.
Soils
According to the soil survey of Brunswick County, soil types present within the subject
property include Baymeade fine sand (Arenic Hapludults), Blanton fine sand (Grossarenic
Paleudults), Foreston loamy fine sand (Aquic Paleudults), Leon fine sand (Aerie
Haplaquods), Marvyn soil (Typic Hapludults), Murville mucky fine sand (Typic
Haplaquods) and Torhunta mucky fine sandy loam (Typic Humaquepts). (Figure 2. Soils
Map)
Baymeade fine sand, Blanton fine sand and Marvyn soils are classified as well drained
and moderately well drained and they are known to have a loamy subsoil.
Foreston loamy fine sand is a moderately, well drained soil, with a loamy subsoil.
Leon fine sand and Murville mucky fine sand are both nearly level, poorly drained and
very poorly drained soils that have a sandy, subsoil.
Torhunta mucky fine sandy loam is a nearly level, very poorly drained soil with a loamy
subsoil.
Leon, Murville and Torhunta soils are classified as hydric by the NRCS.
The soil types mapped within areas of proposed impacts include Baymeade fine sand,
Baymeade and Marvyn soils and Blanton fine sand.
Vegetation
Vegetation present within The Willows proposed impact areas include: Ilex coriacea
(Tall gallberry), Gordonia lasianthus (Loblolly bay), Persea borbonia (Red bay),
Magnolia virginiana (sweetbay), Lyonia lucida (Fetterbush), Pinus serotina (Pond pine),
Nyssa aquatica (Swamp gum), Taxodium distichum (Cypress), Liriodendron tulipifera
(Tulip poplar), Smilax laurifolia (laurel-leaved greenbriar), and Osmunda cinnamomea
(Cinnamon fern), among others.
Mitigation
The proposed wetland impacts will permanently impact 0.48 acre of wetlands. As
compensation for these impacts, the client is proposing to create 0.48 acre of wetlands, in
addition to preserving 12.03 acres of on-site wetlands and provide 5.31 acres of upland
buffers. As identified in the memorandum of agreement between the USACE and US
EPA (15 November 1989), acquisition and preservation of existing wetlands is favored
for corridor protection and as a means to hedge against future destruction or unfavorable
habitat impacts. Preservation also ensures that wetlands endemic to the region will
remain and continue to provide the functions and values associated with them. The
mitigation proposed below includes creation and preservation.
Creation
(0.48 acres)
The first component of wetland mitigation for proposed wetland impacts within the
planned subdivision will be wetland creation. The proposed wetland creation area within
the Willows subdivision is located on the western edge of the tract. (Figure 3 - Impact
Map). The soil type mapped within the proposed creation area is Murville mucky fine
sand, which is a hydric soil. In order to maintain a uniform hydrologic regime, the
proposed area will be scraped down to the depth at which the seasonal high water table is
located, but excavation will not encroach upon the confinement layer or hard pan and
then backfilled with hydric soils removed from impact areas (see attached Wetland
Creation Profile). The created wetlands will be planted with native vegetation, including
Nyssa aquatica (swamp gum), Taxodium distichum (cypress), Magnolia virginiana
(sweetbay), Liriodendron tulipifer (tulip poplar), Gordonia lisianthus (loblolly bay),
Juncus effusus (soft rush) and Persea borbonia (red bay).
Preservation Areas (12.51 acres)
The second area of proposed mitigation consists of the preservation of 12.51 acres of
unaffected wetlands located within the proposed Willows subdivision (Figure 3-Wetland
Mitigation Map). Recent urban impacts within and adjacent to the conservation sites
increase the need for preserving wetland functions in a natural state.
Preservation of this land will provide a significant vital resource protection in the Cape
Fear River basin. In order to insure perpetual protection of the mitigation sites, The
Willows Development Corporation is proposing a permanent conservation easement be
placed on the preservation areas. The easements will be designed to ensure perpetual
preservation of the property and will be held by the respective homeowner association.
Upland Buffers
(4.83 acres)
The final component of mitigation within the proposed Willows subdivision is the
inclusion of upland buffers. Upland buffers are well suited to maintain the integrity of
existing wetlands. They provide habitats, filter nutrients and separate the wetlands from
developed areas. The Willows Development Corporation is proposing to place 4.83 acres
of developable uplands in a permanent conservation easement, to serve as upland buffers.
Habitat Values
Due to the high quality of these wetlands, they provide a number of functions pertinent to
wildlife, which migrate through the area seasonally or utilize these areas during a life
history stage. These wetlands provide a fringe habitat in an area where development will
likely occupy the majority of the surrounding land.
Mammalian species include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes
(red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon), Didelphis
Virginian (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents such as the
field mouse.
Bird species include: various species of predatory hawks and owls, as well as smaller bird
species such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay),
Mimus polyglottos (mocking bird), Cantopus virens (eastern wood pewee), Parus
carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus
bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It
should be noted that this habitat provides excellent migratory and resident song bird
habitat and nesting areas.
Herpetological species likely to be found utilizing the wetlands include: Agkistrodon
piscivorus (eastern cottonmouth), Agkistrodon contortrix contortrix (southern
copperhead), Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys
aestivus (rough green snake), Elaphe obsoleta obsoleta (black rat snake), among others.
Turtle species in the region include: Terrapene carolina carolina (eastern box), Clemmys
guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and Kinosternon
subrubrum (eastern mud turtle). Many toad species form both the Scaphiopus (spadefoot)
and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true
frogs) families. Various species of salamanders from the Ambystoma (mole
salamanders), Notophthalmus (newts), and Plethodon (wood salamanders) families.
Anolis carolinensis (green anole) are also found in the region.
Monitoring and Success Criteria
To ensure the successful establishment of the created wetland, long term monitoring will
be required. The key in attaining the desired wetland success is to assure every measure
will be taken to provide the conditions necessary for wetland hydrology to develop and
establish the desired vegetation. A transect will be established across the creation area,
along which plants will be counted for survival and overall health. Photos will be taken
from each end of the transect. Vegetative counts and soil characteristics will be
monitored for a five (5) year period. Annual site visits will be conducted and findings
will be reported thereafter.
The success criteria of this mitigation site will be based on the 1987 Army Corps of
Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets
the three wetland parameters outlined in the manual. The site will be deemed successful
by meeting the following success criteria for five (5) consecutive years.
Vegetation
Vegetative data will be gathered, including survival data of the planted specimens and the
presence of nuisance species. Species diversity and composition will be noted. For
success criteria to be met, we would expect a survival rate of 320 planted trees per acre,
after 2 years, and 260 trees per acre, after 5 years. No single species should account for
more than 20% of the total vegetative composition. Any areas that do not meet these
requirements will be spot-planted.
Soils
Hydric soils are present and their hydric conditions will be enhanced as a result of
restoring the sites hydrology. This will be accomplished by scraping down the soil, in the
proposed creation area, to meet the seasonal high water table, backfilling with hydric soils
removed from other areas on-site and planting native wetland species. This action will
allow the hydrologic regime to become prevalent.
175 16:55 rtsurriJt:rH-t:t:r

Dylan Elks
Southern Environmental Group, Inc.
3973 B Market Street
Wilmington, NC 28403
Project: Leland Subdivision
County: Brunswick
1 -112) 1 PJL
February 24, 2005
V J-
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wedands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to
the NC EEP for impacts associated with this project is appropriate. Further, it is the understanding of the NC EEP
that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management,
allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by
the DCM. provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all
reasonable means of impact avoidance and minimization have been incorporated into the project's design.
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 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.
Based on the information supplied by you on the in-lieu fee request form dated February 20, 2005, the wetlands
mitigation that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table-
Stream
Maximum
zl1'r10GG1'
w? stem
PROGRAM
Riparian Buffer
0.42
0.84
The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030005 of the Cape
Fear River Basin.
R.nstorr;H ... .. Pro" oar Stage
WNEW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
v7 1L u j 1J. ju rntAl vraui rxr J1J f 1JLL1J 1 -szJ 1 uN V JJL
Dylan Elks
P Southern Environmental Croup, Inc.
Leland Subdivision
February 24, 2005
Page 2
The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the N. C. Department
of Transportation signed July 22, 2003.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
21ramID), Gilmore, PE
Director
cc: Cyndi Karoly,•Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Farrell, USACOE-Wiltizington .
Noeile Lutheran, DWQ Regional Office-Wilmington
File
LEI
Amtor4i?j- Ehh"... Prg" our _r&T&
FIdWR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 915-716-0476 / www.nceep.net
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PROJECT NO. : 04226 DATE: 12/28/05
17
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
P.O. Bog 1890
Wilmington, NC 28402-1890
Action ID: 200200709 County: Brunswick Quad: Leland
Notification of Jurisdictional Determination
Applicant: Leland Development Co., LLC
c/o Ed Burnette and A.Y. Lennon
602 Market St.
Wilmington, NC 28401
Agent: Jennifer Burbank
c% Mitchell & Associates
3073 Market Street Building D, STE B
Wilmington, NC 28403
Property: The property is adjacent to the northern side of U.S. Hwy 74/76, south of Village Drive NE, Leland,
Brunswick County, North Carolina. Latitude: 33.2287°N; Longitude: 78.0121° W
Basis of Determination: This jurisdictional determination is based on a site inspection by Thomas Farrell on
February 12, 2003, on wetland data forms supplied by the applicant's consultant, and on a property survey for Leland
Development Co., LLC, sealed on February 14, 2003 by Sherwin D. Cribb, PLS, L-1099. The 125-acre site includes
64.49 acres of forested and herbaceous wetlands that are jurisdictionally connected to the Brunswick River, a water of
the U.S.
Indicate which of the following apply:
4 The wetlands on your lot have been delineated and the limits of Corps jurisdiction have been
explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed 5 years from the date of this
notification. The wetland shown on the attached survey is not isolated. Jurisdiction is based on
the wetland criteria outlined in the Army Corps of Engineers 1987 wetland delineation manual.
The project is located in one of the 20 Coastal Counties. You should contact the nearest State
Office of Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most
cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the
property restricted entirely to existing high ground. If you have questions regarding the Corps of Engineers regulatory
program, please contact Thomas Farrell at [phone].
Project Manager: Thomas Farb
Date of Verification: March 18, 2003 Expiration Date: March 18, 2008
Attachments: (1) A copy of a survey by Sherwin D. Cribb, PLS, L-1099.
(2) Notification of Administrative Appeal Options
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50.0' RIGHT OF WAY
46' WIDE IMPACT
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FAX (910) 3`3-°Q0` PROJECT NO. : 04226 DATE: 12/28/05
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Leland, North Carolina W6
PROJECT NO. : 04226 DATE: 12/28/05

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SHEET 1
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Leland, North Carolina W17
PROJECT NO. : 04226 DATE: 12/28/05
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PREPARED BY:
THE WILLOWS PHASE 1 SOUTHERN ENVIRONMENTAL GROUP
5315 SOUTH COLLEGE ROAD, SUITE E
WETLAND C R EAT O N PROFILE WILMINGTON, NORTH CAROLINA 28412
PHONE: [phone] FAX [phone]
LELAND BRUNSWICK COUNTY NORTH C AROLINA

PREPARED FOR SHEET 1 OF 1 WETLANDS DELINEATED BY: D. SCHIBETTA

THE WILLOWS DEVELOPMENT CORPORATION
DATE: 4/11/2006 DING: WLLOWS.DWG
60.0' RIGHT OF WAY
52.0' WIDE IMPACT
PROPOSED
-EXISTING GRADE SIDEWALK
PROPOSED
ROAD
3 PROPOSED
3 GRADE
PROPOSED WATERMAIN
CULVERT SANITARY
SEWER
CROSS SECTION OF ROAD
PROPOSED PROPOSED 18"
GRADE RCP CULVERT
20% MIN. (4")
EXISTING TO BE BELOW
GRADE --\ GRADE

UTILITIES
PROFILE OF ROAD
SCALE: 1" = 10'
0 10 20 30
&TMNSTM.L AREA C - CROSSING The Willows Subdivision
CONW.LTM nammaw°' NO` WETLAND CROSSING NUMBER 3 Leland, North Carolina W7
OM MWW A m am, SHEET 2 OF 2
=(YtY) 313-Yes]
`A` (9'Y) 30-Ye°` PROJECT NO. : 04226 DATE: 12/28/05
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OVERALL PLAN
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DHOW [phone]
FAX [phone]
olfice0rdd-q.com
PROJECT NO. : 04226 DATE: 12/28/05
SCALE: 1 50'
0 50 100 150
WETLAND IMPACT The Willows Subdivision
AREA G -STORMDRAIN CROSSING Leland, North Carolina W8
SHEET 1

0
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CLASS B CONCRETE OR
COMPACTED CLAY
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FAX (910) 30 oW
offics0niftnq.crom
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ANTI-SEEP COLLAR DETAIL
NO SCALE
WETLAND IMPACT The Willows Subdivision
AREA G- STORMDRAIN CROSSING Leland, North Carolina W9
ANTI-SEEP COLLAR DETAIL
PROJECT NO. : 04226 DATE: 12/28/05
SECTION
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SD
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AREA D:
1,601 sf / 0.0
PLAN OF FILL AREA
SCALE: 1" = 30'
0 30 60 90
aTUNSTM.L WETLAND IMPACT The Willows Subdivision
°ON°??'TMO a W AREA D- FILL Leland, North Carolina W10
M MM 2
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FAX (°t°) 3 °°04

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PROJECT NO. : 04226 DATE:
12/28/05

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328.0
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PLAN OF FILL AREA
NOft-^ MMM &'T MTALL
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PHOW r1arE (0910 19) 343-9W
FAX (910) 313-"N
ofr"Onld"g.oom
WETLAND IMPACT
AREA E - FILL
SCALE: 1" = 50'
0 50 100 150
The Willows Subdivision
Leland, North Carolina W i l
PROJECT NO. : 04226 DATE: 12/28/051
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PHONE (910) 343-NW
FAX (910) 343-HO4
officeOnktenq.com
WETLAND IMPACT
AREA F - FILL
SCALE: 1" = 30'
0 30 60 90
The Willows Subdivision
Leland, North Carolina W12
PROJECT NO. : 04226 DATE: 12/28/051
4a?ehm&,94 a h,
EXISTING GRADE
36.5' IMPACT AREA
Y
3
3
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. . . . - . . . . . FILLED AREA.
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SANITAR_ .
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ROADWAY SECTION WETLAND FILL AREA F
60.0' RIGHT OF WAY
24.6' IMPACT AREA
WATERMAIN
ROADWAY SECTION WETLAND FILL AREA E
60.0' RIGHT OF WAY
ROADWAY SECTION WETLAND FILL AREA D
NON99. KUMM & 71 "M.L
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FAX (910) 343-M"
WETLAND IMPACT
WETLAND FILL AREAS
ROADWAY SECTIONS
EXISTING GRADE
D ROADWAY

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._-_.SANITARY ?SEI
SCALE: 1 " =10'
0 10 20 30
The Willows Subdivision W 13
Leland, North Carolina
PROJECT NO. : 04226 DATE: 12/28/05

T- I 32 11
L WB
24.5' 17.9
ff M g /11 g i
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SCALE: 1" = 30'
0 30 60 90
&TMM*jjLL WETLAND IMPACT The Willows Subdivision
00N'k"T1iO'6' N°' AREA H - FILL Leland North Carolina W14
'A W2 MAONU /? WLMNOX W- 2MI SHEET 1 OF 1
MCK (910) 343-OM
M (°1D)'0-°00`
offieWMd"q.eom PROJECT NO. : 04226 DATE: 12/28/05

PLAN OF CROSSING
TEMPORARY IMPACT
SCALE: 1 30'
0 30 60 90
NOFWJ% KUMM &nMTAL WETLAND IMPACT The Willows Subdivision
comaxTm ?s? AREA J - CROSSING Leland, North Carolina W15
A m, "aft nc, U01 SHEET 1 OF 2
PfM (910) 343-NU
F,vc ro 30-M"
fl'KeOnktan enq.com
o PROJECT NO. : 04226 DATE: 12/28/05

WETLANDS
30.0'
AR
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. . . . . . . . . . . . . . . . .
PROFILE OF CROSSING
MW^ KUBIOE & U06 NA.
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9AI.IMNfTON, 11c. 26101
MW (910) 313-Gass
FAX [phone]
oM ".1tt"q.eom
WETLAND IMPACT
AREA J - CROSSING
SHEET 2 OF 2
SCALE: 1" = 50' VERTICAL
0 5 10 15
SCALE: 1" = 50' HORIZONTAL
0 50 100 150
The Willows Subdivision
Leland, North Carolina W16
PROJECT NO. : 04226 DATE: 12/28/05
UPLANDS UPLANDS
S
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A --fuM men ? ,3
E. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
F. The maximum allowable built-upon area per Lot is as follows (this data is shown on
the above referenced plat plus lots for which the Declarant has an approved stormwater plan but
which Declarant is under no obligation to subdivide or develop in any particular fashion or for
any particular use):
Lot Number Allowable Impervious (sf)
1-190 3500
These allotted amounts include any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or
the water surface of swimming pools.
G. Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated
with the development except for average driveway crossings, is strictly prohibited by any person.
H. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters
1. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters
J. Filling in piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
K. This project proposes a curb outlet system. Each designated curb outlet swale shown
on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes
or flatter, have a longitudinal slope no steeper than 5% carry the flow from a 10 year storm in a
non erosive manner, and maintain a dense vegetated cover.
ARTICLE X
CONSERVATION OF MITIGATION AREAS
Section 1. Recitals & Conservation Purposes
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property) being approximately acres, more particularly described in Exhibit A
attached hereto and by this reference incorporated herein [reference to a recorded map showing a
survey of the preserved area may be required; 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 200200709 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.
Section 2. 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 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. 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. Signage. 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.
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 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.
Section 3. 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.
Section 4. Public Access
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.
Section 5. Documentation and Title
A. Conservation Property 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. 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.
Section 6. 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. 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.
ARTICLE XI
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in this
Declaration are for the purpose of protecting the value and desirability of the Planned
Community and the Lots. All present and future Owners, tenants and occupants of Lots and their
guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration,
and as the Declaration may be amended from time to time. The acceptance of a deed of
conveyance or the entering into of a lease or the entering into occupancy of any Lot shall
constitute an agreement that the provisions of the Declaration are accepted and ratified by such
Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and
bind the land and shall bind any person having at any time any interest or estate in any Lot, their
heirs, successors and assigns, as though such provisions were made a part of each and every deed
of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded,
after which time they shall be automatically extended for successive periods of ten (10) years,
unless terminated by the Lot Owners.
SECTION 2.. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity)
by the Association, or the Owner of any Lot, their respective legal representatives, heirs,
successors and assigns. The Executive Board shall be entitled to enforce its Articles of
Incorporation', Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments, the following remedies shall be
available:
A. Association to Remedy Violation. In the event an Owner (or other occupant ala Lot) is
in violation of or fails to perform any maintenance or other activities required by this
Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive Board,
alter 30-days notice, may enter upon the Lot and remedy the violation or perform the required
maintenance or other activities, all at the expense of the Owner. The full amount of the cost of
remedying the violation or performing such maintenance or other activities shall be chargeable to
the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall be due and
payable within 30 days after Owner is billed. If not paid within said 30 day period, the amount
thereof may immediately be added to and become a part of the Annual Assessment levied against
said Owner's Lot. In the event that any maintenance activities are necessitated to any Common or
Limited Common Elements by the willful act or active or passive negligence of any Owner, his
family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not
fully covered by insurance, then, at the sole discretion of the Board of Directors, the cost of the
same shall be the personal obligation of the Owner and if not paid to the Association upon
demand, may immediately be added to and become a part of the Annual Assessment levied
against said Owner's Lot.
B. Fines. The Association may in accordance with the procedures set forth in the Act
establish a schedule of and collect fines for the violation of this Declaration or of the
Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an Owner does not
pay the fine when due, the fine shall immediately become a part of and be added to the Annual
Assessment against the Owner's Lot and may be enforced by the Association as all other
Assessments provided for herein.
C. Suspension of Services and Privileges. The Association may in accordance with the
procedures set forth in the Act suspend all services and privileges provided by the Association to
an Owner (other than rights of access to Lots) for any period during which any Assessments
against the Owner's lot remain unpaid for at least 30 days or for any period that the Owner or the
Owner's Lot is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or
Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter. The remedies provided herein are cumulative and are in addition to any other remedies
provided by law.
ARTICLE XII.
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders. Any institutional holder of a first lien
on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association
during normal business hours, (b) receive an annual financial statement of the Association within
ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of
the Association and right to designate a representative to attend all such meetings, (d) receive
written notice of any condemnation or casualty loss that affects either a material portion of the
Planned Community or the property securing its loan, (e) receive written notice of any sixty-day
(60) delinquency in the payment of Assessments or charges owed by any Owner of any property
which is security for the loan, (f) receive written notice of a lapse, cancellation, or material
modification of any insurance policy or fidelity bond maintained by the Association, (g) receive
written notice of any proposed action that requires the content of a specified percentage of
mortgage holders, and (h) be furnished with a copy of any master insurance policy.
SECTION 2. Utility Service. Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an initial
payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will
be required to pay for any water connections, sewer connections, impact fees or any other charges
imposed by any entity furnishing water, sewer or other utility service to the Lots. In the
alternative, the Developer may collect such connection, impact and other fees, and charges
directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use
water and sewer supplied by the companies/governmental units servicing the Planned

Community. Separate water systems for outside irrigation and other outdoor uses shall not be
permitted without the consent of the Architectural Control Committee.
SECTION 3. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
SECTION 4. Amendment of Declaration. Except in cases of amendments that may be
executed by the Declarant under this Declaration or by certain Lot Owners under the Act, this
Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots
to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the
Declarant if necessary for the exercise of any Special Declarant Right or development or other
right reserved to the Declarant herein. Notwithstanding the foregoing, no provisions of Article
IX and Article X can be amended without the express written consent of the North Carolina
Department of Environment and Natural Resources and no provision of Article X can be
amended without the express written consent of the US Army Corps of Engineers, Wilmington
District.
STATE OF NORTH CAROLINA
COUNTY OF
Willows Development Corporation
BY:
I, the undersigned notary public hereby certify that President of Willows
Development Corporation personally appeared before me and with the authority duly given and
as the act of the corporation acknowledged the due execution of the foregoing instrument.
Witness my hand and seal this _ day of October, 2005.
My Commission Expires:
Notary Public
XMillowsmaster.wpd

joutkern Environmental Group, Inc.
5315 South College Road, Suite E • Wilmington, North Carolina 28412
910.452.2711 • Fax: [phone] • [e-mail]
www.segi.us
The Willows Mitigation Plan
Requested By:
Mr. Daniel Hilla
The Willows Development Corporation
311-8A Judges Road
Wilmington, NC 28405
Prepared By:
Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
March 2006
Introduction
Mr. Daniel Hilla of The Willows Development Corporation has undertaken development
activities within the proposed subdivision, The Willows located at the intersection of US-
74/76 and Highway 17 in Leland, Brunswick County, North Carolina. Mr. Hilla wishes
to complete his development and requests Department of the Army approval for
unavoidable impacts to section 404 wetlands.
Mr. Hilla has retained Southern Environmental Group, Inc. to prepare a mitigation plan
to off-set all unavoidable wetland impacts associated with the proposed development
The Willows Phase I encompasses 125.56 acres. A wetland delineation was completed
by Mitchell & Associates and was verified by Mr. Thomas Farrell on 12 February 2003 .
It was determined that of the 125.56 acres, 64.49 acres would be considered wetlands
(according to the parameters set forth by the United States Army Corps of Engineers).
Impacted Sites
At the present time 64.49 acres of jurisdictional wetlands exist within the proposed
subdivision. Completion of the proposed subdivision requires that 0.43 acres of 404
wetlands be permanently impacted.
There are eight (8) areas of proposed wetland impact located throughout the proposed
Willows Subdivision. Five (5) of the proposed impacts are associated with the
completion of roadways, which would grant access of lots to property owners, while
meeting minimum DOT standards. The remaining three (3) proposed impacts are
temporary and are associated with the placement of stormwater pipes. All proposed
impacts are unavoidable, and have been minimized as much as possible (Figure 1- Impact
Map).
The areas of proposed impacts can all be classified as wet flats.
Soils
According to the soil survey of Brunswick County, soil types present within the subject
property include Baymeade fine sand (Arenic Hapludults), Blanton fine sand (Grossarenic
Paleudults), Foreston loamy fine sand (Aquic Paleudults), Leon fine sand (Aeric
Haplaquods), Marvyn soil (Typic Hapludults), Murville mucky fine sand (Typic
Haplaquods) and Torhunta mucky fine sandy loam (Typic Humaquepts). (Figure 2. Soils
Map)
Baymeade fine sand, Blanton fine sand and Marvyn soils are classified as well drained
and moderately well drained and they are known to have a loamy subsoil.
Foreston loamy fine sand is a moderately well drained soil, with a loamy subsoil.
Leon fine sand and Murville mucky fine sand are both nearly level, poorly drained and
very poorly drained soils that have a sandy subsoil.
Torhunta mucky fine sandy loam is a nearly level, very poorly drained soil with a loamy
subsoil.
Leon, Murville and Torhunta soils are classified as hydric by the NRCS.
The soil types mapped within areas of proposed impacts include Baymeade fine sand,
Baymeade and Marvyn soils and Blanton fine sand.
Vegetation
Vegetation present within The Willows proposed impact areas include: Ilex coriacea
(Tall gallberry), Gordonia lasianthus (Loblolly bay), Persea borbonia (Red bay),
Magnolia virginiana (sweetbay), Lyonia lucida (Fetterbush), Pinus serotina (Pond pine),
Nyssa aquatica (Swamp gum), Taxodium distichum (Cypress), Liriodendron tulipifera
(Tulip poplar), Smilax laurifolia (laurel-leaved greenbriar), and Osmunda cinnamomea
(Cinnamon fern), among others.
Mitigation
The proposed wetland impacts will permanently impact 0.48 acre of wetlands. As
compensation for these impacts, the client is proposing to create 0.48 acre of wetlands, in
addition to preserving 12.03 acres of on-site wetlands and provide 5.31 acres of upland
buffers. As identified in the memorandum of agreement between the USACE and US
EPA (15 November 1989), acquisition and preservation of existing wetlands is favored
for corridor protection and as a means to hedge against future destruction or unfavorable
habitat impacts. Preservation also ensures that wetlands endemic to the region will
remain and continue to provide the functions and values associated with them. The
mitigation proposed below includes creation and preservation.
Creation
(0.48 acres)
The first component of wetland mitigation for proposed wetland impacts within the
planned subdivision will be wetland creation. The proposed wetland creation area within
the Willows subdivision is located on the western edge of the tract. (Figure 3 - Impact
Map). The soil type mapped within the proposed creation area is Murville mucky fine
sand, which is a hydric soil. In order to maintain a uniform hydrologic regime, the
proposed area will be scraped down to the depth at which the seasonal high water table is
located, but excavation will not encroach upon the confinement layer or hard pan and
then backfilled with hydric soils removed from impact areas (see attached Wetland
Creation Profile). The created wetlands will be planted with native vegetation, including
Nyssa aquatica (swamp gum), Taxodium distichum (cypress), Magnolia virginiana
(sweetbay), Liriodendron tulipifer (tulip poplar), Gordonia lisianthus (loblolly bay),
Juncus effusus (soft rush) and Persea borbonia (red bay).
Preservation Areas (12.51 acres)
The second area of proposed mitigation consists of the preservation of 12.51 acres of
unaffected wetlands located within the proposed Willows subdivision (Figure 3-Wetland
Mitigation Map). Recent urban impacts within and adjacent to the conservation sites
increase the need for preserving wetland functions in a natural state.
Preservation of this land will provide a significant vital resource protection in the Cape
Fear River basin. In order to insure perpetual protection of the mitigation sites, The
Willows Development Corporation is proposing a permanent conservation easement be
placed on the preservation areas. The easements will be designed to ensure perpetual
preservation of the property and will be held by the respective homeowner association.
Upland Buffers
(4.83 acres)
The final component of mitigation within the proposed Willows subdivision is the
inclusion of upland buffers. Upland buffers are well suited to maintain the integrity of
existing wetlands. They provide habitats, filter nutrients and separate the wetlands from
developed areas. The Willows Development Corporation is proposing to place 4.83 acres
of developable uplands in a permanent conservation easement, to serve as upland buffers.
Habitat Values
Due to the high quality of these wetlands, they provide a number of functions pertinent to
wildlife, which migrate through the area seasonally or utilize these areas during a life
history stage. These wetlands provide a fringe habitat in an area where development will
likely occupy the majority of the surrounding land.
Mammalian species include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes
(red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon), Didelphis
Virginian (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents such as the
field mouse.
Bird species include: various species of predatory hawks and owls, as well as smaller bird
species such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay),
Mimus polyglottos (mocking bird), Cantopus vixens (eastern wood pewee), Parus
carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus
bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It
should be noted that this habitat provides excellent migratory and resident song bird
habitat and nesting areas.
Herpetological species likely to be found utilizing the wetlands include: Agkistrodon
piscivorus (eastern cottonmouth), Agkistrodon contortrix contortrix (southern
copperhead), Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys
aestivus (rough green snake), Elaphe obsoleta obsoleta (black rat snake), among others.
Turtle species in the region include: Terrapene carolina carolina (eastern box), Clemmys
guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and Kinosternon
subrubrum (eastern mud turtle). Many toad species form both the Scaphiopus (spadefoot)
and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true
frogs) families. Various species of salamanders from the Ambystoma (mole
salamanders), Notophthalmus (newts), and Plethodon (wood salamanders) families.
Anolis carolinensis (green anole) are also found in the region.
Monitoring and Success Criteria
To ensure the successful establishment of the created wetland, long term monitoring will
be required. The key in attaining the desired wetland success is to assure every measure
will be taken to provide the conditions necessary for wetland hydrology to develop and
establish the desired vegetation. A transect will be established across the creation area,
along which plants will be counted for survival and overall health. Photos will be taken
from each end of the transect. Vegetative counts and soil characteristics will be
monitored for a five (5) year period. Annual site visits will be conducted and findings
will be reported thereafter.
The success criteria of this mitigation site will be based on the 1987 Army Corps of
Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets
the three wetland parameters outlined in the manual. The site will be deemed successful
by meeting the following success criteria for five (5) consecutive years.
Vegetation
Vegetative data will be gathered, including survival data of the planted specimens and the
presence of nuisance species. Species diversity and composition will be noted. For
success criteria to be met, we would expect a survival rate of 320 planted trees per acre,
after 2 years, and 260 trees per acre, after 5 years. No single species should account for
more than 20% of the total vegetative composition. Any areas that do not meet these
requirements will be spot-planted.
Soils
Hydric soils are present and their hydric conditions will be enhanced as a result of
restoring the sites hydrology. This will be accomplished by scraping down the soil, in the
proposed creation area, to meet the seasonal high water table, backfilling with hydric soils
removed from other areas on-site and planting native wetland species. This action will
allow the hydrologic regime to become prevalent.

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AP-aaa mer-? 7
February 24, 2005
Dylan Elks
Southern Environmental Group, Inc.
3973 B Market Street
Wilmington, NC 28403
Project: Leland Subdivision
County: Brunswick
V J
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EF-p) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wedands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to
the NC EEP for impacts associated with this project is appropriate. Further, it is the understanding of the NC EEP
that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management,
allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by
the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all
reasonable means of impact avoidance and minimization have been incorporated into the project's design.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Pennit/401 Certification within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.
Based on the information supplied by you on the in-lieu fee request form dated February 20, 2005, the wetlands
mitigation that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.
Stream
Maximum
'1Jt1JGG1J
P't -*V-
stem
F
.J
ellient
PROGRAM
0.
1 2ZJ 1 61L.
Riparian Buffer
The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030005 of the Cape
Fear River Basin.
RP?tDY . Pro", oar Staff
ICDIEW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
09-1Z-` Ub 13: bb rHtrrllhNN-hhF ylyfl?LL1? i--t-YO a r,.? V
Dylan Elks
r Southern Environmental Group, Inc.
Leland Subdivision
February 24, 2005
Page 2
The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C,
Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the N. C. Department
of Transportation signed July 22, 2003.
If you have any questions or need additional information, please contact Carol Shaw at (9I9) 733-5205.
Sincerely,
21ramIDO, Gilmore, PE
Director
cc: Cyndi Karoly,-Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Farrell, USACOE-Wiltington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
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RU R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715.0476 / www.neeep.net
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NOFW^ KUMM&TUMMLL WETLAND IMPACT The Willows Subdivision
moomma N°' ZOOM OF BUILDINGS Leland, North Carolina W26
WLW&MK mm1 AND ROADS
PHOW (010) 343-OW
FAX (910) 30-9aN
"O?.".cam, PROJECT NO. : 04226 DATE: 12/28/05
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ZOOM AREA 10
WETLAND IMPACT
ZOOM OF BUILDINGS
AND ROADS
SCALE: 1" = 30'
0 30 60 90
The Willows Subdivision
Leland, North Carolina W27
PROJECT NO. : 04226 DATE: 12/28/05
?1-?1-ach m +-17
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Action ID: 200200709 County: Brunswick Quad: Leland
Notification of Jurisdictional Determination
Applicant: Leland Development Co., LLC
c/o Ed Burnette and A.Y. Lennon
602 Market St.
Wilmington, NC 28401
Agent: Jennifer Burbank
c/o Mitchell & Associates
3073 Market Street Building D, STE B
Wilmington, NC 28403
Property: The property is adjacent to the northern side of U.S. Hwy 74/76, south of Village Drive NE, Leland,
Brunswick County, North Carolina. Latitude: 33.2287°N; Longitude: 78.0121° W
Basis of Determination: This jurisdictional determination is based on a site inspection by Thomas Farrell on
February 12, 2003, on wetland data forms supplied by the applicant's consultant, and on a property survey for Leland
Development Co., LLC, sealed on February 14, 2003 by Sherwin D. Cribb, PLS, L-1099. The 125-acre site includes
64.49 acres of forested and herbaceous wetlands that are jurisdictionally connected to the Brunswick River, a water of
the U.S.
Indicate which of the following apply:
The wetlands on your lot have been delineated and the limits of Corps jurisdiction have been
explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed 5 years from the date of this
notification. The wetland shown on the attached survey is not isolated. Jurisdiction is based on
the wetland criteria outlined in the Army Corps of Engineers 1987 wetland delineation manual.
4 The project is located in one of the 20 Coastal Counties. You should contact the nearest State
Office of Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most
cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the
property restricted entirely to existing high ground. If you have questions regarding the Corps of Engineers regulatory
program, please contact Thomas Farrell at [phone].
Project Manager: Thomas Fan
Date of Verification: March 18, 2003 Expiration Date: March 18, 2008
Attachments: (1) A copy of a survey by Sherwin D. Cribb, PLS, L-1099.
(2) Notification of Administrative Appeal Options

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