20070816 Ver 2_More Info Received_20081218

v MCKIM&CREED
v
December 17, 2008
P L A N N E R S
243 North Front Street
Wilmington, NC 28401
910.343.1048
Fox 910.251.8282
www.mckimcreed.com
Chad Coburn
NCDENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Eagle Creek
Response to Request for More Information
DWQ # 07-0816V2 Brunswick County
Dear Mr. Coburn:
E N G I N E E R S
S U R V E Y O R S
M&C 4445-0001 (40)
DEC 1 8 2008
DENR - WATER WAUTY
WETLANDS AND STORMWATER BRANCH
This letter is in response to your letter dated November 26, 2008 we offer the
following:
1. Pease re-submit your site plans on full plan sheets at a scale of no smaller
than 1" = 50' with topographic contours shown.
Provided full plan sheets at 1" = 30' where appropriate. Two hundred scale
full size site plans provided as well.
2. Please provide an agent authorization letter for the application signature.
Attached along with updated PCN to match agent signature information.
3. Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands and waters per General Certification 3705 (GC3705).
These mechanisms shall be put in place at the time of recording of the
property or of individual lots whichever is appropriate. Please provide a
Draft Copy that includes the proposed preservation language that will be
recorded to accomplish this or provide a copy of the deed restrictions
required through the previous authorization for this site under General
Certification 3631.
Attached COE model declaration of restrictions.
4. Please provide stream determination documentation o the site (upstream and
downstream photos and DWQ stream identification forms) for the stream
impacted at Utility Crossing U1 and Roadway Crossing #1.
Provided under separate cover by ECS (1 set to you and 5 sets to Ian
McMillian)
S: \ 1445\ 0001 \ 10-Comm\ 121708 DWQ Response Ltr.d-
Chad Coburn
NCDENR Division of Water Quality
December 17, 2008
Page 2
We trust you will find this information satisfactory. If you should have any
questions regarding this information, please feel free to contact us at (910) 343-
1048.
Sincerely,
McKIM & CREED, P.A.
A
Marg ret . ray, RL
Sr. Project pager
V
/bhc
Enclosures:
Agent Authorization
NWP 29
COE Model
Declaration of Restrictions
E0, E1, and E2 (full size) Rev. B
Mailing Notation:
Delivered - DWQ / Wilmington, COE / Wilmington
UPS Ground - DWQ / Raleigh
cc: Kimberly Garvey, US Army Corps of Engineers w/ letter only
Ian McMillian, NCDENR Division of Water Quality w/ 5 encs
Lee Anne Jones, ECS Carolinas, LLP w/ letter only
Jim Green, Landevcon, LLC w/ enc
File, McKim & Creed w/ enc.
S:\4445\0001 \ 10-Comm \ 121708 DWQ Response Ltr.doc 46
v' MCKIM&CREED
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(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:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWT-29, GC 3631
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ® NO
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: ? N/A
II. Applicant Information p ?? (?
1
1. Owner/Applicant Information DEC 1 8 2008
Name: Eagle Creek Subdivision, LLC
Mailing Address: 521 East Morehead St. Suite 405 DENR - WATER UUAd IN
Charlotte, NC 28202
Attention: Scott Stover
Telephone Number: 704-332-9340 Fax Number: 704-332-1241
E-mail Address: Scott Stover [sstoveraa,landcraftproperties.com]
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: James H. Green
Company Affiliation: Landevcon, LLC
Mailing Address: 1176 Lantana Circle
Georgetown, SC 29440
Telephone Number: 843-545-5464 Fax Number:
E-mail Address: landevconaa,sccoast.net
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 5 Of 12
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: Eagle Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 15300004 1530000403.1530000404
4. Location
County: Brunswick Nearest Town: Bolivia
Subdivision name (include phase/lot number): Eagle Creek
Directions to site (include road numbers/names, landmarks, etc.): From Bolivia, take US
Hwy 17 South Property is g0rox 3 miles outside of Bolivia city limits on the right
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34°02'24"N: 78°13'91"W
6. Property size (acres): 156.15 AC
7. Name of nearest receiving body of water: Clark Branch
8. River Basin: Lumber
(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/mal) .)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: one single-family home, undeveloped farmland, woods
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The project
is a residential development including 385 single-family lots & clubhouse in Phase. 1 &
multi-family in future phase (See Narrative).
11. Explain the purpose of the proposed work: Convert isolated wetland I into a constructed
wetlands and after the fact permit for area K.
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. N/A
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. N/A
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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: After the fact isolated wetland permit
for areas I & K. Area I will be converted to a constructed wetland for stormwater treatment
and area K was inadvertently filled.
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list im acts due to both structure and flooding.
Wetland
Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Stream Impact (acres)
(indicate on herbaceous, bog, etc.) Floodplain (yes/no) (linear feet)
map)
1 Isolated Forested No 1,400 0.23 ac
2 Isolated Forested No 1,400 0.06 ac

I I
Total Wetland Impact (acres) (permanent) 0.29 ac
3. List the total acreage (estimated) of all existing wetlands on the property: 15.83 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, riprap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
U1 Unnamed Tributary Utility Easement Intermittent 4' 52 if 0.005 ac
R.C. #1 Unnamed Tributary Road Crossing Intermittent 5' 501f 0.006 ac

Total Stream Impact (by length and acreage) 102 if 0.011 ac
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.011 ac
Wetland Impact (acres): 0.653 ac
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 8 of 12
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres): 0
Total Stream Impact (linear feet): 1021f
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only applies
to waters that have specifically been determined to be isolated by the USACE. N/A
8. Pond Creation (6)
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): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
Isolated wetland I has to be converted to constructed wetlands to re-hydrate the stream. Isolated
wetland K was inadvertently filled.
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 January 15, 2002, mitigation will be required when
Updated 11/1/2005(4445-0001\40-permits pcn 12/06) Page 9 of 12
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 NCEEP 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 (see DWQ website for most current
version.).
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. Onsite preservation of 15.11 ac. Wetland
preservation exceeds the preservation ratio requirement and payment will be made into the
EEP for stream and 404 wetland impacts.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieurgplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): 0.29 acres
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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)?
Updated 11/1/2005(4445-0001\40-permits pen 12/06) Page 10 of 12
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
3. 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 E] No
X. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ® N/A
2. If "yes", 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 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional
20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Wet detention ponds will be utilized to treat
stormwater runoff from all impervious surfaces as required by NCDENR - DWO. Level
spreaders will be used to dissipate energy from pond outlet pipes prior to discharge into the
wetlands. Stormwater and erosion control permits have been issued.
Updated 11/1/2005(4445-0001\40-pennitspcn 12/06) Page 11 of 12
XII. 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 sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes E] No
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No
wetland fills will be required for the future development of this project in its entirety
XV. 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).
An eagle buffer area has been provided for an off site nest. No site improvements are proposed
within the 750' buffer.
Applicant / Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005(4445-0001\40-pennitspcn 12/06) Page 12 of 12
XII. 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 sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes F-1 No®
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes F] No 0
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent. North Carolina. Division of Water Quality policy posted on our website at
' h2o.fenr.state.nc.us If no, please provide a short narrative description: No
wetland fills will be required for the future develmment of this project in its entirety
XV. 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).
An eagle buffer area has been provided for an off site nest. No site improvements are proposed
within the 750' buffer.

App ' ant / Agent's Signature Dihe /
(Agent's azure is valid only if an. authorization letter from the applicant is provided.)
Updated 11112005(4445-4001140-permits pen 12106) Page 12 of 12
MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of ,
200, by [NAME AND ADDRESS OF DECLARANT] 'Declarant").
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
issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. 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. Si ng_age. 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
2
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.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, 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.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. 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. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation 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. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form]
4
AGENT AUTHORIZATION
Eagle Creek Subdivision, LLC hereby grants James H. Green the right to represent Eagle Creek
Subdivision, LLC in matters regarding isolated wetland permits for real property owned by
Eagle Creek Subdivision, LLC in Brunswick County off Old Ocean Highway (Bus Hwy 17) in
Brunswick County, North Carolina until such time as further notified.
Land Owner: Eagle Creek Subdivision, LLC

Date
amg o
VIDTDEC .? 8 2pOB
- s ogW
A R cN
C:\Docvments and Settings\sstover\Local SettingsVemporary Intemet Ales\OLK3F4\Agent Mthorizationl.doc