20050834 Ver 3_Mitigation Report_20081205

Subject: [Fwd: Re: DWQ 2005-0834v3 (Re: Northgate Apartments; SAW-2006-32034)]
From: Chad Coburn <[e-mail]>
Date: Fri, 05 Dec 2008 14:38:42 -0500
To: Bev Strickland <[e-mail]>, Laurie Dennison <[e-mail]>
FYI
DWQ 2005-0834 v3
Subject: Re: DWQ 2005-0834v3 (Re: Northgate Apartments; SAW-2006-32034)
From: Dana Lutheran <dlutheran @ segi.us>
Date: Fri, 5 Dec 2008 10:53:35 -0800 (PST)
To: "Garvey, Kimberly L SAW" <Kimberly.L. Garvey @saw02.usace.army.mil>, Chad Coburn
<chad.coburn @ ncmail. net>, Ian McMillan <[e-mail]>
Kim,
I perceived your email to say that you were questioning continuing the processing due to the non-compliance of the Willows
1. It confused me, especially when I reviewed 33 CFR 330.6 (iv)(d)(2). This would not be an issue, but the Applicants' are
requesting, from me, an estimated timeframe for when they will receive their permits. Seeing the DWQ is reliant upon your
determination, I need to ensure we are all on the same page.
Accept my apologies.
Chad,
Please find attached a copy of the report SEGi submitted to the Corps on 10/27. 1 should have inlcuded you on the list.
From: "Garvey, Kimberly L SAW" <Kimberly. L.Garvey@saw02. usace.army. mil >
To: Chad Coburn <[e-mail]>; Dana Lutheran <[e-mail]>; Ian McMillan
<[e-mail]>
Sent: Friday, December 5, 2008 1:21:16 PM
Subject: RE: DWQ 2005-08340 (Re: Northgate Apartments; SAW-2006-32034)
Chad, on your end, I would process as a separate project. They already did
some form of compensatory mitigation for Phase I anyway and are proposing
compensatory mitigation for this too.
Dana,
What about I am looking at the application today and will get permit or RFI
out means I am inhibiting the processing? Let me know if you have any
questions once you get the RFI, it should go in the mail Monday.
Kimberly Garvey
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-L
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Phone: [phone]
Fax: [phone]
Email: [e-mail]
http://www.saw.usace.armV.mil/WETLANDS/
The Wilmington District is committed to providing the highest level of
support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at our website at
http://regulatory.usacesurvey.com/ to complete the survey online.
-----Original Message-----
From: Chad Coburn [mailto:[e-mail]
Sent: Friday, December 05, 2008 12:17 PM
To: Dana Lutheran; Garvey, Kimberly L SAW; Ian McMillan
Subject: DWQ 2005-0834v3 (Re: Northgate Apartments; SAW-2006-32034)
All,
So, we're processing this one under a NWP but we're going ahead with
cumulative impacts for the other phases....... is that correct? Sorry, I have
no preference either way, I just need to know how to proceed with this one.
I've seen other projects with more impacts than this one under a NWP so
that's no problem and is completely up to the USACE.
However, if this one is over 1 acre, DWQ will need mitigation too. I
calculated a total of 1.2 acres of cumulative impacts (0.42 for'Leland
Subdivision' + 0.43 for'The Willows Subdivision' + 0.35 for Northgate), does
that sound correct? As far as the compliance with Phase I is concerned, I
have not had a chance to visit that site yet, but I am planning on doing so
in the week of 12/15-12/19. Sending any information to me in the meantime on
the non-compliance will be appreciated and will be taken into account if
civil penalty enforcement is necessary (Dana, I'm not sure if SEGI is working
on that or not).
Dana Lutheran wrote:
> Not to be difficult here, but this does not clear things up for me.
> My understanding is that the Northgate project is a single and
> complete project per your email dated 12/2 and "will be processed by
> itself". The impacts that occured on the Northgate tract were
> accounted for in the cumulative impacts associated with the
> development of Northgate, as noted in the project narrative and the
> PCN, and are under the 1/2 acre threshold.

> Now with regard to the non-compliance... The two tracts are two
> different and distinct projects, hence two completely seperate project
> areas. If not, then I would assume that an IP would be necessary for
> Northgate. With that said, why would the non-compliance for The
> Willows inhibit the processing of Northgate.
> Please advise.
> Thanks,
> Dana
> *SEGi*
> *Southern Environmental Group, Inc.
> 5315 South College Road, Suite E
> Wilmington, NC 28412
> Phone: [phone]
> Fax: [phone]
> Mobile: [phone] *
> ----------------------------------------------------------------------
> *From:* "Garvey, Kimberly L SAW"
> <[e-mail]>
> *To:* Dana Lutheran <[e-mail]>; Chad Coburn
> <[e-mail]>
> *Sent:* Friday, December 5, 2008 10:55:26 AM
> *Subject:* Northgate Apartments; SAW-2006-32034
> The apartments have been determined to have independent utility and
> are therefore potentially eligible for the NWP program, but both
> "phases" are still considered one project area. I am looking at the
> application today. Jennifer is doing the permit non-compliance on
> Phase I.
> Cumulative impacts on the aquatic resource are considered for all
> projects. Part of the issue here is that there are impacts for the
> Willows Phase I on this parcel (formerly Willows Phase II). The other
> issue is lack of permit compliance for the same permittee in the same
> project area (33 CFR 330.6 (iv)(d)(2)).
> Hope this clears things up.
> Kimberly Garvey
> Regulatory Specialist
> US Army Corps of Engineers
> CE-SAW-RG-L
> 69 Darlington Avenue
> Wilmington, North Carolina 28403-1343
> Phone: [phone]
> Fax: [phone]
> Email: [e-mail]
> <mailto:[e-mail]>
> http://www.saw.usace.army.miI/WETLANDS/
> /The Wilmington District is committed to providing the highest level
> of support to the public. To help us ensure we continue to do so,
> please complete the Customer Satisfaction Survey located at our
> website at //http://regulatorV.usacesurvey.com/// to complete the
> survey online. /
Chad Coburn <chad.coburn @ ncmail. net>
Senior Environmental Specialist
NC Dept of Environment & Natural Resources
Division of Water Quality
Content-Type: message/rfc822
Re: DWQ 2005-08340 (Re: Northgate Apartments; SAW-2006-32034)
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Content-Type: application/pdf
Willows I Mitigation Monitoring Report 102308.pdf
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MIT REPORT WILLOWS I ATTACHMENTS.pdf' Content-Type: application/pdf
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ATTACHMENT 3 -Vor ?-AbOP 12. k L4
Special Conditions
USACE Action ID 200501325
NWPs 12 and 14
Permittee: Willows Development Corp.
1. Compensatory Mitigation.
A. Wetland creation component.
The applicant shall construct a mitigation project in accordance with the specifications
and plans shown in The Willows Mitigation Plan, which is included as attachment 7 of
this verification. In addition to the monitoring requirements outlined in the plan,
monitoring shall include the following elements: (1) The permittee shall install in the
created wetland shallow monitoring wells of sufficient number to adequately assess
hydrology of the created wetland. The wells shall be installed and monitored in
accordance with the specifications outlined in the document Installing Monitoring
Wells/Piezometers in Wetlands, which is included as attachment S. A diagram of the
layout and a table of well monitoring data shall be included in all required
monitoring reports. Well data will be included as a criterion for success of the
mitigation project. (2) The permittee shall submit a time-zero report after initial
planting. The report shall contain include the date of completion of the mitigation area
plus all the other elements outlined in the mitigation plan. The permittee's annual
monitoring schedule shall start from the submittal date of the time-zero report. All reports
shall include the USACE Action ID of this project: 200501325
B. Preservation component.
(1) The permittee shall maintain the preservation areas described below in their natural
condition, in perpetuity. The area of preservation shall be the wetlands and uplands
referenced in the mitigation plan and represented in attachment 7, sheets 6, 7, 9, and 10.
The Permittee is prohibited from performing any of the following activities on the
preservation property: Filling; grading; excavating; earth movement of any kind;
construction of roads, walkways, buildings, signs, or any other structure; any activity that
may alter the drainage patterns on the property; the destruction, mowing, or other
alteration of vegetation on the property; disposal or storage of any garbage, trash, or other
waste material; or any other activity which would result in the wetlands being adversely
impacted or destroyed.
(2) The permittee shall not sell or otherwise convey any interest in the preservation
property to any third party without 10 days prior written notification to Wilmington
District Corps of Engineers in writing. Notification shall reference permit Action ID No.
200501325. See special condition 2 for the Wilmington District's present address.
(3) Any sale, lease, or other conveyance of the preservation property shall include
restrictions on the use of the property described in condition 1 B (1) above, which
conditions shall be enforced by the permittee. Such restrictions shall include language
dq P-Och rn-eo --
ATTACHMENT 3 FO) zv pz-
Special Conditions
Permittee: Willows Development Corp.
USACE File No. 200501325
Page 2
providing for third party enforcement rights in favor of the Corps of Engineers. Such
restrictions must be approved prior to conveyance by the Corps of Engineers.
(4) Permittee shall execute and cause to be recorded in the Brunswick County Register
of Deeds a Declaration of Restrictions or Restrictive Covenant acceptable to the Corps of
Engineers for the purpose of maintaining the preservation wetlands and upland buffer
areas in their natural state in perpetuity as shown in attachment 7, sheets 6, 7, 9, and 10,
which are referenced above in paragraph 1 B (1). The document shall be recorded in the
Brunswick County Registry within 30 days of issuance of this permit. The recorded
instrument shall include a map and metes and bounds survey of these areas. Permittee
shall provide a copy of the recorded preservation document and plat to the Corps of
Engineers within 30 days of recordation. Upon recordation of the preservation document,
the requirements of conditions 1 B (2) and (3) will be considered satisfied with respect to
the preservation areaprotected by that document. Note: See attachment 6 for a model
conservation declaration. We recommend that the permittee review this material with his
legal representative.
2. Certification of Compliance. In accordance with the Nationwide Permit general conditions, the
Permittee shall submit a certification of compliance to the Corps of Engineers. Upon completion
of construction, the compliance notification form shall be sent to the U.S. Army Corps of
Engineers, Wilmington Regulatory Field Office, P.O. Box 1890, Wilmington, NC 28402-1890.
The form is attachment 5 of this document. All components of construction authorized in this
letter must be accounted for with certification forms.
3. Construction Barriers. The permittee shall ensure that construction and the deposition of fill
do not occur in wetlands where fill is not authorized. In certain areas of the site, construction will
take place very close to the wetland line. These areas are shown in the attachment 4, sheets 4
through 13. When construction is taking place in those areas, the permittee shall install
construction fencing or other suitable barriers along the line to warn or prevent equipment
operators from encroaching into the wetland. Barriers shall be installed at the onset of work in
those areas and shall not be removed until construction is complete.
4. Signs and Monuments. To allow construction and compliance personnel to readily recognize
certain wetland areas, the permittee shall install permanent monuments (e.g., 6" x 6" concrete
columns or anchored pipes), posted in the ground at least 3 feet deep, along selected points along
the upland edge of the wetland line. The points are represented as "X's" in attachment 4, sheets 4,
5, 6, 8, 9, 10, and 12. These points shall be located by a North Carolina certified land surveyor
and shall be established from the wetland line that was located in the wetland delineation for this
site. The monuments shall be installed within 15 days after receipt of this verification. Within 10
days after installing the monuments, the permittee shall submit copies of sheets 4, 5, 6, 8, 9, 10,
and 12 of attachment 4 showing the location of the monuments. The location shall be verified and
sealed by a certified land surveyor. See special condition 2 for the Wilmington District's present
address.
lq-?-6elh Mew-) ? Z-
?50utkern F nvironmental Grour, Inc.
5315 South College Road, Suite E • Wilmington, North Carolina 28412
910.452.2711 • Fax: [phone] • [e-mail]
vvww.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 EnvironmenW Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
RECEIVF-D
March 2006 APR 12 2006
REE-WLATORY
wl.n4'& F
USACE Action ID 2002U(7 bI /7/
Willows Subdivision
Attachment Sheet I
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-
74176 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. -r
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 I - 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
HapIaquods), 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.
2,
USACE Action ID ZbOiM709
Willows Subdivision
Attachment q Sheet Z
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 MRCS.
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 horbonia (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 cinnanzomea
(Cinnamon fern), among others.
Mitigation
The proposed wetland impacts will permanently impact .48 re of wetlands. As
compensation for these impacts, the client is proposing to cr .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), L•iriodendron tulipifer (tulip poplar), Gordonia laianthus (loblolly bay),
Juncus effuses (soft rush) and Persea horbonia (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
>
USACE Action ID ZO$200? 09
Willows Subdivision
Attachinent ! Sheet
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 ohsoleta ohsoleta (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
ar, ,? TO 1? t
USACE Action 1D 2002UM9
Willows Subdivision
Attachment 1 Sheet
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,
aftcr 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
remQvea from other areas on-site and planting native wetland species. This action will
allow the hydrologic regime to become prevalent.
F"
USACE Action ID 200z"0070
Willows Subdivision
Attachment '? Sheet S
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Leland, North Carolina W35
PROJECT NO. : 04226 DATE: 12/28/05

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Attachment 3
Vegetation Count - Willows Phase I Wetland Creation Area
Species Common Name Number Planted Count 08/23/07
Nyssa aquatica Water Tupelo E-70 I 1
Persea palustris Swamp Redbay 80 23
Ilex coriacea Gallberry 80 42
Quercus nigra Water Oak 50 14
Salix nigra Black Willow 20 6
Myrica cerifera Southern Wax Myrtle 70 39
Pinus palustris Longleaf Pine 50 41
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Routine Wetland Determination
(1987 COB Wetlands Determination Manual)
Project/Site: The Willows Ph. I Investigator: David Scibetta
Date: 10/24108
Project #: 04-010.01 Southern r nvironmental Group, Inc. f County: Brunswick
5315 South College Road, Suite E State: NC
I
Applicantlowner: Dan HillalHilla Wilmington, North Carolina 28412 Latitude: 34.2309 ON
Builders
910.452.2711 Longitude: 78.0097 °W
Do normal circumstances exist on the site? x? Yes ? No Community ID: Wetland
Is the site significantly disturbed (atypical situation)? ? Yes ?X No Transect ID:
Is the area a potential problem area? ? Yes ?x No Plot ID: Wetland Creation
(Explain below if needed): Mitigation Area

VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant
Rh rrcos ora s pp' H FACW-OBL
Jrurcus effusus H FACW
_ -
Panicuur hernitoruon H
--- OBL _ j
-
Eliocharis spp. H FACW-OBL I ---
Proserpinaca palustris H OBL
Schizachirium scoparimn H FACU
Percentage of plants that are OBL, FACW, or FAC (excluding FAC-)
Remarks:
HYDROLOGY _
? Recorded Data (Describe in Remarks):
? Stream, lake or tide gage
? Aerial photographs
? Other
x? No Recorded Data Available.
Field Observations:
Depth of surface water: 2 (in)
Depth to free water in pit: (in)
Depth to saturated soil: (in)
Remarks:
DATA FORM 44,whmerf?
100%
Stratum Indicator
Wetland Hydrology Indicators
Primary Indicators:
?X Inundated
? Saturated in upper 12"
? Water marks
? Drift lines
? Sediment Deposits
? Drainage patterns in wetlands
Secondary Indicators
? Oxidized root channels in upper 12"
? Water stained leaves
? Local soil survey data
? FAC-neutral test
? Other (explain in remarks
SOILS
Map Chit Name
(Series and Phase) : Murville
Taxonomy (Subgroup): Typic Haplaquods
Profile Description
Depth j Matrix color
(inches) Horizon (mois
0-12+ 10YR 211
Drainage Class: Very Poorly Drained
Field observations confirm mapped type?? Yes ?
No
Mottle colors
Munsell mois'
- Mottle
abundance/contrast
Texture, concretions,
structure, etc.
Course sandv clav loam

Hydric Soil Indicators: (check all that apply)
? Histosol ? Mg or Fe Concretions
? Histic Epipedon ? High Organic Content in Surface Layer of Sandy Soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions 0 Listed on National Hydric Soils List
?X Gleyed or Low-Chroma matrix ? Other (explain in remarks)
Remarks:
Wetland Determination
Hydrophytic vegetation present? M Yes ? No
Hydric soils present? 0 Yes ? No
Wetland hydrology present? ?X Yes ? No
Remarks:
Is the sampling point
within a wetland?
?X Yes ? No
NOTES
K# I
CASH REF -BY_s?3
Prepared By and Hold: Gary S. Lii Vrence
NORTH CAROLINA i. I ?kC0,kATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
BRUNSWICK COUNTY R(3 TIl<F TOWNHOMES AT THE
WILLOWS
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27::35 35 0
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Robsr! J. Robinson
of Deeds page ] of 25
G
THIS DECLARATION, made and entered into as of the -1 day of November,
2006, by and between THE WILLOWS DE)IEIt k&1 tNi,CORPORATION, a North
Carolina Corporation and EVER-"okRS-(JF BRUNSWICK, LLC, a North
Carolina limited liability c?knp-6 Acinaflev'referr1?to as "Declarant" and all
prospective purchasers and owners of real" property_ within the Development generally
known as "The Willows"
-
d lfllflllflll l?(I Illll Illlll. !II I II1

WITNESSETH:
WHEREAS, Declarant is the owner of the real property described in Article (I of
this Declaration and desires to create therein„a re,?ideniii]_community with open spaces
r'- l i f
and other common facilities for th"6 r of t?e'said-community; and
WHEREAS, the Propci y will elso ;be,;-subject to a Master Declaration of
Covenants, Conditions and Restrictions for T7te Willows; recorded in Book 3. , Page,
I , Brunswick County Registry, as amended from time to time (the "Master
Declaration"); and
WHEREAS, Declarant. desires to provide for the preservation of the values in said
community and for the maintchonce of said oen -paces and other common facilities:
and, to this end, desires to subjectlthe -rcal-pZiiy described in Atticlc IT, together with
such additions as may here #lFerbe , Ill therelUy,aq, ttgiditional covenants, restrictions,
casements, charges and lien.ter?inaftercl farlh,;each and all of which is and arc for the
benefit of said properly and each owner thereof; grid-`--

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ATTACHMENT 5
Compliance Certification
Action ID. 200501325 County: Brunswick USGS Quad: Leland
Property Owner 1 Authorized Agent: Willows Development, Corp.
Address: c/o Dan Hilla
311-8A Judges Roads
Wilmington, NC 28405
Size and location of property (water body, road name/number, town, etc.): The project is
associated with Willows Subdivision, a 290-unit residential complex, which is located between
US 74176 and Village Road, Leland, Brunswick County, NC. Latitude: 34.2284°N; Longitude:
78.0124°W.
In accordance with the Nationwide Permit general conditions, the permittee shall attest to the
satisfactory completion of the authorized project and any mitigation or other required activities.
The signed notice of compliance shall be submitted to the Corps of Engineers at the following
address:
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Wilmington Regulatory Office
P.O. Box 1890
Wilmington, NC 28402-I890
Please note that your permitted activity is subject to compliance inspections by U.S. Army Corps
of Engineers representatives. If you fail to comply with this permit and its conditions, you are
subject to permit suspension, modification, or revocation.
111ereb certify that the work authorized by the above-referenced permit has been completed in
accord n with the terins an conditions of issnnance and verification Mitigation and other
requiren n s have been con let in accordance with the permit's conditions.
Signature of Permitte Date

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