20090284 Ver 1_401 Application_20090309

t
r?4 yw
jouthern ?nvironmentalGrou nc. y? yP?
5315 Soutk College Koad, juite E Wilmington, North Carolina 28412 910-452-2711 Fax: [phone] • [e-mail] Fps
www.segi.us
2
March 17, 2009
^x-028®
Hand Delivery
Ms. Kimberly Garvey
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403 [SEGi Project #: 06-200.011
Re: Request for DA Authorization - NWP 39
Proposed Country Walk Subdivision & Commercial Development
USACE AID #: SAW-2007-00295
Dear Ms. Garvey,
Southern Environmental Group, Inc. (SEGi) is working on behalf of Soy Bean, LLC
("Applicant") to pursue a Nationwide Permit 39, which will authorize the permanent discharge of
fill material into less than '/4 acre of 404 jurisdictional wetlands. The proposed impacts will
facilitate the development of a single family subdivision and commercial shopping center on
property owned by Mr. and Mrs. Edwin Burnett. The property is located along Hwy. 17 and Bell
Swamp Connector SE, near Bolivia, in Brunswick County, North Carolina. The parcel
identification numbers associated with this project are 11100014 and 1110001407.
Historically the land was utilized for forestry and farming. In 2006, a wetland delineation was
conducted by SEGi and then verified by the USACE on 3/15/07. USACE assigned AID # SAW-
2007-00295 to the site. During the 3/15 site visit, Mr. Tom Farrell (USACE) noted that there
were no natural streams on the property. SEGi submitted the final wetland boundary survey to
the Corps on 03/30/07. To date, this office has not received either the JD or signed map. Chad
Coburn (Wilmington District DWQ) also performed a site visit and agreed with Mr. Farrell's
stream determination. Recently, the property was logged and then bush-hogged to remove
smaller trees, shrubs, and vines. However, no land disturbing or cutting was performed in any
area determined to be jurisdictional by the USACE.
In total, approximately 0.1106 acre (277 LF) of permanent impact and 0.04 acre (116 LF) of
temporary impact are anticipated with the development. Unfortunately, impacts could not be
SE-6i
avoided altogether, as Brunswick County setbacks and interconnectivity requirements prohibit
this alternative. However, from the onset of this project, the Applicant has taken into
consideration the impacts the development might have on the natural resources and has worked
with the engineer to minimize those impacts as much as possible.
In accordance with 33 CFR 332.3, the Applicant intends to utilize a combination of
compensatory mitigation components to offset permanent and temporal losses of 0.1106 acre of
riparian wetlands and their functions. The proposed mitigation will consist of payment to the
NC EEP for 0.25 acre of riparian restoration credit and preservation of the remaining on-site,
non-riparian, riparian and isolated wetlands. Additionally, strict stormwater management and
sediment and erosion control mechanisms will be implemented prior to any land disturbing
activity. The mitigation plan should guarantee that the Corps' "no net loss of wetlands" policy is
adhered to, as well as ensure that the temporal losses of functions of the aquatic resources are
minimized to the greatest extent possible.
In summary, the Applicant is seeking DA authorization, in the form of a Nationwide Permit 39,
to permanently impact 0.1106 acre and temporarily impact 0.04 acre of riparian wetlands. The
fill is necessary to facilitate the construction of the proposed Country Walk Subdivision and
adjacent, commercial shopping plaza. SEGi feels the project, as proposed, meets the general and
regional conditions of the NWP 39. However, should you have questions or concerns, please
feel free to contact our office at 910.452.2711.
As always, thank you for your time and assistance with this project, and we look forward to
hearing from you.
Sincerely,
Dana A. Lutheran
Project Manager
cc: Chad Coburn - Wilmington District DWQ 401 Wetlands Unit
Ian McMillan - 401 Oversight Unit - Raleigh (2)
Ed Burnett - Soy Bean, LLC
Enclosures: Attachment 1 - Pre-Construction Notification
Attachment 2 - Brunswick County Tax Information
Attachment 3 - Secretary of State Corporation Page
5E-6i
Attachment 4 - Vicinity Map (3 scales)
Attachment 5 - Aerial Photograph with Wetland Cursory
Attachment 6 - Wetland Delineation Map (unsigned)
Attachment 7 - USGC Topographic Survey - Funston Quadrangle
Attachment 8 - Brunswick County GIS Soil Survey
Attachment 9 - Brunswick County GIS Flood Plain Map
Attachment 10 - 2009 Google Earth Bell Swamp/Harris Swamp Drainage Map
Attachment I 1 - DWQ BIMS Report for Harris Swamp
Attachment 12 - Overall Site Plan and Profile and Cross Section Impact Drawings
Attachment 13 - Brunswick County GIS Zoning Map
Attachment 14 - Stream Correspondence from USACE and DWQ
Attachment 15 - Brunswick County Future Land Use Map
Attachment 16 - Previous Preliminary Site Plans
Attachment 17 - NC EEP Acceptance Letter
Attachment 18 - Draft Declaration of Preservation and Exhibit A
Attachment 19 - Brunswick County Planned Use Development Guidance
Attachment 20 - Email Correspondence between Brunswick County Planning and
Norris, Kuske & Tunstall - Re: Access
Attachment 21 - Significant Natural Heritage Areas in Brunswick County, NC
Attachment 22 - North Carolina Hydric Soils List
Attachment 23 - Letter of Agency
a
I I
I/r:. f r rA -
oF. ?s ent 1 (3/11/09)
ORh 4,:? ? . Y
- V v V L Q"
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1.Processing
1 a. Type(s) of approval sought from the
Corps: ZSection 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: NA
1c. Has the NWP or GP number been verified by the Corps? El Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply): NA
? 401 Water Quality Certification - Regular ? Non404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not For the record only for DWQ 401 For the record only for Corps Permit:
required? Certification:
® Yes ? No ? Yes ®No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee F s ? No
program.
19. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
1h_ Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2.Project Information
2a. Name of project: Country Walk - Bell Swamp Tract
2b. County: Brunswick (#10)
2c. Nearest municipality / town: Bolivia
2d. Subdivision name: Country Walk Subdivision
2e. NCDOT only, T.I.P. or state
project no: NA
3-Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.
3h. Email address:
Edwin and Marjorie Burnett (see Attachment 2)
B: 1410 / Pgs: 0864 & 1225
Mr. Edwin Burnett
5001 O'Quinn Blvd., Unit J
Southport, NC 28461
910.454.7300
910.454.7400
® Yes
? Yes
? No
® No
Page 1 of 13
PCN Form - Version 1.3 December 10. 2008 Version
n A
4. Applicant Information (if different from owner)
4a . Applicant is: ? Agent © Other, specify: Soy Bean, LLC (see Attachment 3)
4b . Name: Mr. Edwin Burnett (Principal)
4c. Business name
(if applicable): Soy Bean, LLC
4d. Street address: 5001 O'Quinn Blvd., Unit J
4e. City, state, zip: Southport, NC 28461
4f. Telephone no.: 910.454.7300
4g. Fax no.: 910.454.7400
4h. Email address: elbiiiina ec.rrcom
5. AgenVConsultant Information (if applicable)
5a. Name: Ms. Dana A. Lutheran (see Attachment 21)
5b. Business name
(if applicable): Southern Environmental Group, Inc. (SEGi)
5c. Street address: 5315 South College Road, Suite E
5d. City, state, zip: Wilmington, NC 28412
5e. Telephone no.: 910.452.2711
5f. Fax no.: 910.452.2899
5g. Email address: dlut_ he_rannseEi us
B. Project Information and Prior Project History
1.Property Identification _-
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees):
Property size:
2-Surface Waters
11100014 & 1110001407 (see Attachment 2)
Latitude: 34.1103 Longitude: -78.1196
(see Attachment 7)
63.11 acres
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3.Project Description
Harris Swamp (see attachment 10)
C; Sw (see Attachment 11)
Cape Fear (Catalog #: 03030007)
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application:
The project site is bordered by NC-17 to the east, Bell Swamp Connector SE (along with some residential
properties) to the north, and mostly undeveloped residential and commercial properties to the south and west.
Portions of the site have recently been logged and bush hogged (see Attachment 4).
The project site consists of three separate tracts, totaling 63.11 acres. This is not evident when referencing the
Brunswick County's GIS site, which depicts PID #'s 11100014 and 1110001407 (see Attachment 2). Parcel
11100014 will eventually be subdivided into two tracts, Tract A and Tract B, as depicted on the site plan (see
Attachment 12). The third tract (Tract C) is associated with PID# 1110001407. All three tracts are zoned as
Commercial/Office - Commercial Low Density (CO-CLD) under the Brunswick County Unified Development
Ordinance (see Attachment 13). Since Tracts A and B are part of a Planned Unit Development (PUD), rezoning
of the parcels is not necessary, as part of the purpose for the PUD ordinance is to encourage the development of
desirable, mixed-use living environments (see Attachment 19).
Brunswick County's Future Land Use Plan indicates that the area is designated for commercial use (see
Attachment 15).
A series of man-made ditches and two farm ponds, which were installed during the time the site was utilized for
agriculture and live stock farmland, are located within the project boundaries. USGS topographic maps indicate
the majority of the ditches drain toward a blue line stream, a headwater of Harris Swamp, and then to the
Lockwood Folly River (see Attachment 7). The USGS has these these ditch-like features depicted as blue line
streams on their maps. However, during two separate site visits, Chad Coburn with the DWQ, as well as Tom
Farrell with the USAGE, verified that the features did not exhibit characteristics of a stream (see Attachment 14).
Additionally, an "isolated" area of cypress swamp and two 404jurisdictional features, classified as bottomland
hardwood and cypress swamp, can be found on the northern portion of the property (see Attachments 5 and 6).
3b. List the total estimated acreage of all existing wetlands on the property:
6.29 acres (see Attachment 6)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There are no existing streams located within the project boundaries (see Attachment 14)
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct roadways and attendant features, that will support the proposed
163 lot residential subdivision, as well as a mixed-use commercial development, and meet NC DOT and
Brunswick County Planning and Zoning standard requirements (see Attachment 20).
Page 3 of 13
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
3e. Describe the overall project in detail, including the type of equipment to be used:
The Applicant's vision is to construct a low density, single family, residential subdivision on Tract A, and
mixed-use retail and office buildings on Tracts B and C. With this project, it is anticipated that the permanent
discharge of fill material into approximately 0.1106 acre and temporary disturbance of 0.04 acre of 404
jurisdictional tributaries will be necessary. The fill will facilitate the construction of the main arterial roads
(Bonner Ave. and Morris Blvd.) of the Country Walk Subdivision, as well as provide access roads to the
commercial properties (see Attachment 12). None of the proposed impacts are to occur within an area
designated as being within a flood zone (see Attachment 9).
Heavy machinery, such as backhoes, dump trucks, graders, and pavers, will be utilized during the construction
of the project. Temporary impacts are associated with the installation of culverts beneath Bonner Ave. and
Morris Blvd. (see Attachment 12). All temporary impacts will be restored to their pre-construction grade and
contour, once the work has been completed.
4.Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by
the Corps or State been requested or obtained for this
property / project (including all prior phases) in the
past?
Comments: There are Isolated and 404 jurisdictional
waters and wetlands located within the property
limits. Based on two separate site visits with the
USACE and DWQ, there are no streams located
within the project boundaries (see Attachment 14).
4b. If the Corps made the jurisdictional determination, what
type of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Mr. Thomas Ferrel & Ms. Kim
Garvey, both of the USACE, and Mr. Chad Coburn of
the DWQ, all verified SEGVs delineation.
® Yes ? No ? Unknown
? Preliminary ® Final
Agency/Consultant Company: SEGi
Other: Mr. Jerry Peake
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
The Corps verified SEGVs delineation on 3/15/07 and assigned USACE AID # SAW-2007-00295 to the site.
However, this was about the time the Corps placed a moratorium on all new jurisdictional determinations
(JDs). SEGi submitted the final wetland boundary survey to the Corps on 03/30/07 (see Attachment 6). To
date, SEGi has yet to receive a copy of the signed JD or the signed wetland boundary survey.
For information pertaining to the Corps' and DWQ's determination of the on-site linear features, please see
Attachment 14.
S.Project History
5a. Have permits or certifications been requested or
obtained for this project (including all prior phases) in ? Yes ®No
the past? ? Unknown
5b. If yes, explain in detail according to "help file" instructions. Not Applicable
6.Future Project Plans
6a. Is this a phased project?
© Yes ? No
6b. If yes, explain.
The proposed project will be constructed in phases, due to the fact that the project, overall, is considered a
Planned Unit Development (PIJD). Please note, the Applicant has provided a preliminary layout which
depicts the proposed impacts associated with the future commercial development. Therefore, all anticipated
impacts have been accounted within this application. In the event that future impacts are required to
complete the construction of the PUD, the impacts will be requested through the appropriate agencies, and
mitigated for accordingly.
Page 4 of 13
C. Proposed Impacts Inventory
1-impacts Summary _
1a. Which sections were completed below for your project (check all that apply):
? Wetlands O Streams - tributaries ? Buffers ? Open Waters ? Pond Construction
2-Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d.
Wetland impact 2e. 2f.
number - Type of Type of wetland Forested Type of jurisdiction
Permanent (P) or impact (if known) DWO (Corps - 404, o10 f Area of
Temporary (T) -non-404, other) impact
W1 ? P ? T Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts NA
2h. Comments:
3.Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then
complete this question for all stream sites impacted.
3a. 3b. 3c. 3d
Stream impact

number Type of

impact Stream name
Perennial 3e'
Type of 3f.
Average 3g.
Permanent

-Permanent (P) or (PER) or
intermittent jurisdiction (Corps
stream/
Impact
Temporary (T) (tNT)? -404, 10 tributary length (LF)
DWQ -non-404, width (Ft.)
other)
31 ®p ®T Fill - Unnamed Tributary ? PER ® Corps
culvert to Harris Creek ® INT ? DWQ 9.5 44
S2 ®P ©T Fill - Unnamed Tributary ? PER ® Corps
culvert to Harris Creek ® INT ? DWQ 14.5 44
S3 ©P ®T Fill - Unnamed Tributary 1:1 PER ® Corps
culvert to Harris Creek ©INT ? DWO 20 189
3h. Total stream/tributary impacts 277 LF/
3i. Comments: Upon completion of the work performed within wetlands, temporarily impacted areas will be
restored to their pre-construction conditions.
4.0pen Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open
water of the U.S. then individual) list all open water im acts below.
4c.
Open water 4d 4e.
impact Type of impact
number - Waterbody type Area of impact (acres)
4a. 7aapplicaable)
Permanent (P) or Temporary
01 ?P?T
4g. Comments: 4f. Total open water impacts I NA
Page 5 of 13
PCN Form Version 1.3 December 10, 2008 Version
5-Pond or Lake Construction -
If and or lake construction ro osed, then complete the chart below. Not A
licable
5a. 5b. 5c. pp
5d.
5e.
Pond ID Wetland Impacts (acres)
Proposed use or Stream Impacts (feet) Upland
number purpose of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1

P2

5f. Total
NA
59
Comments:
.
5h
Is a dam hi
h h
d
.
g
azar
permit required? ? Yes N No If yes, permit ID no:
5i
Expected
d
f
.
pon
sur
ace area (acres): NA
5j
Size of
ond
t
h
.
p
wa
ers
ed (acres): NA
5k
Method of
t
i
.
cons
ruct
on: NA

6. Buffer Impacts (for DWQ)
Not Applicable
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer
im acts below. If an impacts require miti
ti
a
on, then you MUST fill ou t Section D of this form

6a. .
? Neuse
Project is in which protected basin? ? Catawba ? Tar-Pamlico ? Other:
? Randleman
6b. 6c
6d
.
. 6e.
Buffer impact 6f.
69
number - Reason for Buffer
Permanent (P) impact Stream name mitigation Zone 1 impact Zone 2 impact
(square feet)

or Temporary required? (square feet)
T

B1 ?P?T ?Yes
? No

B2 ?P?T ?Yes
? No

B3 ?P?T ?Yes
? No
6h. Total buffer impacts NA
6i. Comments:
Page 6 of 13
D. Impact Justification and Mitigation
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional features, associated with the Country Walk Subdivision, cannot be avoided altogether,
as the configuration of the on-site features, and Brunswick County's setbacks and interconnectivity requirements,
prohibit this alternative. However, from the onset of this project, the Applicant has considered the impacts the
development may have on the natural resources, and has worked with the engineer to minimize those impacts as
much as possible. This was accomplished by redesigning the subdivision's roads and infrastructure, as well as
revising the stormwater management plans (see Attachment 16). Originally, the impacts associated with the
development of the subdivision, attendant features and commercial properties were over 0.50 acre. The current
configuration of the project will require 0.1106 acre of permanent fill. Additionally, the developer avoided
impacts to the more valuable wetland complexes (i.e., bottomland hardwood forest and cypress swamp) located
within the project boundaries.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques.
Stormwater and sediment and erosion control best management practices will be in utilized during and after
construction.
2.Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation
for impacts to Waters of the U.S. or Waters of the
State?
2b. If yes, mitigation is required by (check all that apply):
© Yes ? No
? DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
3-Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
tO Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
Not Applicable
Not Applicable
3b. Credits Purchased (attach receipt and letter) I Type Quantity
Page 7 of 13
PCN Form - Version 1 3 December 10, 2008 Version
Proposed Compensatory Mitigation
The proposed mitigation plan has been developed to offset permanent and temporal losses of 0.1106 acre i
riparian wetlands and their functions, which may result due to the proposed construction of the mixed-us
development. Based on site evaluation performed by SEGi, permittee-responsible mitigation is not a viabl
option on this site. Therefore, the Applicant intends to utilize a combination of compensatory mitigatio
components, which consist of payment to the NC EEP for 0.25 acre of riparian mitigation credit and the stric
preservation of the remaining on-site, non-riparian, riparian and isolated wetlands (see Attachments 17 and 18;
In addition, strict stormwater management and sediment and erosion control mechanisms will be implemented
prior to impacting jurisdictional features.
The mitigation plan should guarantee that the Corps' "no net loss of wetlands" policy is adhered to, as well a
ensure that the temporal losses of function of the aquatic resources are minimized to the greatest extent possible.
NC EEP
Pursuant to the Army Corps of Engineer's new rules regarding Compensatory Mitigation for Losses of
Aquatic Functions, baseline information regarding the impact sites, as well as the determination of credits,
will be the only two of the twelve components of mitigation discussed with regard to NC EEP:
BASELINE INFORMATION: Areas to be impacted had indicators of hydrology that included a
prevalence of species with an indicator status that was wetter than facultative, and hydrolic soils.
Vegetation in these areas include Nyssa sylvatica, flex opaca, Persea barbonia, Cyrilla racemijlora, and
Scirpus. The underlain soil types, Baymeade fine sand (BaB), Goldsboro fine sandy loam (GoA),
Lynchburg fine sandy loam (Ly) and Rains find sandy loam (Ra), have all been mapped in the USDA
Brunswick County Soil Survey (1986) (see Attachment 8). The BaB series is a well drained soil found on
low ridges and in complex divides. The GoA soil series is a moderately well drained soil near
drainageways on interstream divides. The Ly soil series is a nearly level, somewhat poorly drained soil in
interstream areas. The Ra soil series is a nearly level, poorly drained soil on broad smooth interstream
areas. All four soil types, found within the project boundaries, are listed in the "NC Hydric Soils List"
publication (see Attachment 22).
• DETERMINATION OF CREDITS: Mitigation is offered at a 2:1 ratio for riparian wetland impacts (see
Attachment 17). Acceptance has been granted from NC EEP. The proposed 2:1 ratio is sufficient to
offset the impacts associated with the development and ensures the project is adhering to the Corps' "no
net loss of wetlands" policy.
PRESERVATION:
In accordance with the Corps' new Compensatory Mitigation rules, the twelve components of mitigation will
be discussed, with regard to the proposed preservation area:
OBJECTIVES: Preservation is a mechanism utilized by the Corps, which protects remaining on-site
wetlands in perpetuity by using appropriate restrictions or covenants. These restrictions prohibit
harmful activities that might otherwise jeopardize the purpose and function of remaining wetlands.
These restrictions include: no tilling; no grading; no construction of walkways, roads, etc.; no activities
which may alter on-site drainage patterns; and, no alteration of vegetation on the property (see
Attachment 18). Preservation of this land will provide significant resource protection of Bell Swamp,
Harris Swamp, the Lockwood Folly River and the Cape Fear River Drainage Basin. The preservation
easement will be designed to ensure perpetual protection of the wetlands will be binding to the property.
SITE SELECTION: The eastern portion of Brunswick County is being developed quickly with
residential subdivisions and commercial shopping centers, which increases the need to protect wetlands.
The features, to be protected, exhibit characteristics of high value wetlands (e.g., bottomland hardwood
forest and cypress swamp) and low value tributaries.
Page 8 of 13
BASELINE INFORMATION: As discussed previously, the wetland types found within the propose
preservation area consist of: bottomland hardwood forest and cypress swamp. Each perform their ow
functions (e.g., erosion control, flood storage, pollutant removal, and providing habitat).
• DETERMINATION OF CREDITS: The ratio of preservation is limited by the remaining wetland
within the project boundaries, omitting those areas where utility line easements are proposed.
MITIGATION WORK PLAN: The mitigation area includes all the remaining wetlands within thl
property boundaries. As the Applicant is offering preservation, not restoration, enhancement of
establishment, the remaining information requested in this section is not applicable to the mitigation
offer proposed for this project.
MAINTENANCE PLAN: A maintenance plan is not required for preservation, as the preservation
mechanism, to be recorded in the Brunswick County Register of Deeds, will ensure the wetlands remain
in their natural condition.
PERFORMANCE STANDARDS: The performance standards have been included in the preservation
mechanism. Adherence to the restrictions, covenants and conditions within the preservation mechanism
will ensure the compensatory mitigation area is achieving its objectives.
• MONITORING REQUIREMENTS: Visual inspection of the preservation area will be sufficient to
determine if the components of the model declaration of restrictions are being adhered to. The
preservation mechanism allows for the "Corps, its employees and agents and its successors and assigns,
[to] 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". Thus, the Corps
has the right to enter the property and perform a compliance inspection of the preservation area.
LONG-TERM MANAGEMENT PLAN: The recordation of the model declarations of restrictions will
serve as the long-term management plan. According to the preservation mechanism, "This Declaration is
intended to ensure continued compliance with the mitigation conditions of authorizations issued by the
United States of America, US 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 persons claiming under the Declarant."
ADAPTIVE MANAGEMENT PLAN: An adaptive management plan should not be necessary for the
proposed preservation area. The Applicant anticipates the preservation area will succeed, as the methods
of protection put into place, namely, recordation of the preservation mechanism, will ensure perpetual
preservation of the remaining on-site wetlands. If the District Engineer determines that a deficiency has
arisen in the preservation area, then steps will be taken to remediate the situation, either restoration of
the resource or payment to the NC EEP in an amount sufficient to off-set the deficient preservation area.
Remediation, on behalf of the Applicant, will occur only in the event that man-made activities, that take
place within the property boundaries, cause the decline in function of the systems being preserved.
• FINANCIAL ASSURANCES: Financial assurances should not be necessary for the proposed
preservation area. The preservation mechanism, recorded with the Brunswick County Register of Deeds,
should provide a high level of confidence that the mitigation area will be preserved in perpetuity.
a summary, in order to offset the 0.1106 acre of impacts to 404 jurisdictional waters associated with the
evelopment, the Applicant is proposing to make payment to the NC EEP for 0.25 acre of riparian wetland
Litigation credit and the preservation of all remaining non-riparian, riparian and isolated wetlands.
4-Complete if Making a Payment to in-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. N Yes
4b. Stream mitigation requested: NA
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
Page 9 of 13
4d. Buffer mitigation requested (DWQ only): NA
4e. Riparian wetland mitigation requested: 0.25 acre
4f. Non-riparian wetland mitigation requested: NA
4g. Coastal (tidal) wetland mitigation requested: NA
4h. Comments:
5.Complete if Using a Permittee Responsible Mitigation Plan Not Applicable
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6-Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ Not Applicable
6a. Will the project result in an impact within a protected riparian buffer that ? Yes ®No
requires buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation.
Calculate the amount of mitigation required.
6c. 6d. 6e.
;Zone e Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
3 (2
for Catawba)
Zone
2 1.5
I 6f. Total buffer mitigation required: I NA
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation
bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 10 of 13

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ? Yes ©No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments: Not Applicable
2.Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? < 25.0%
- -----------
2b. Does this project require a Stormwater Management Plan? © Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the
plan:
The proposed subdivision is a low density project. Total impervious area must not exceed 25 %, and the
stormwater management plan will be required to provide pre- and post-construction runoff control of
stormwater for a 10 year storm event. At this time, the stormwater plan is being prepared for permitting.
® Certified Local
2e. Who will be responsible for the review of the Stormwater Management Plan? ? Government
DWQ stormwater
Program
? DWQ 401 Unit
3a. In which local government's jurisdiction is this project?
Brunswick County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
® Other: UDO
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs ? HOW
apply (check all that apply): ? ORW
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes Z No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ? No
Page 11 of 13
PCN Form - Version 1.3 December 10, 2008 Version
5b. Have all of the 401 Unit submittal requirements been met?
0 Yes ? No
F. Supplementary Information
1.Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or
the use of public (federal/state) land? ? Yes ?D No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State El Yes Ell No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized
by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final
approval letter.) ? Yes ? No
Comments:
2.Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland El Yes © No
Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application?
? Yes No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3-Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts)
result in additional development, which could impact nearby downstream ? TYes
water quality? ©No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in
accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed development will not open up adjacent lands for development, as the surrounding land is
accessible from main roads without having to utilize this project site. Should unforeseen impact(s) be
necessary, a modification to this permit will be obtained from the USACE, and if required the DWQ, prior to
the impact(s) taking place. In addition, strict adherence to the appropriate stormwater and erosion control
best management practices, which are shown to reduce potential impacts to downstream receiving waters,
will be monitored as required.
4.Sewage Disposal (DWQ Requirement)
4a. 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.
Wastewater treatment will be provided by Brunswick County.
5.Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species
or habitat? ? Yes No
Page 12 of 13
5b. Have you checked with the USFWS concerning Endangered Species x? Yes ? N

Act impacts? o
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
Mr. John Ellis ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or
Designated Critical Habitat?
The Natural Heritage Program Website (see Attachment 21), communication with USFWS, and site evaluation
,
were all sources used to indicate that the project site will not impact Endangered Species or Designated Critical
Habitat.
6.Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish
habitat? ? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat (EFH)?
Primary Nursery Areas are state designated waters and are, by definition, considered EFH. Therefore
SEGi
,
referred to the Division of Marine Fisheries' "Primary Nursery Area" maps. According to the maps
the
,
subject area is not referenced as being within an EFH. Additionally, the tributary features on the property
are intermittent and are incapable of providing fish habitat. The ponds may be able to support fish species
,
such as brem and catfish, but are not considered EFH.
7.Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant
? Yes No
in North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archaeological
resources?
Site evaluation performed by SEGi staff confirmed there are no existing structures within the property
boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Brunswick County GIS
--Dana A. Lutheran _ I
AZarch 17, 2009
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the
applicant is provided.)
Page 13 of 13
1 c' 1
Bell Swamu Tract
?,-war,lIcr. 1v1dp arm parcel oata are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search, May Scale
appraisal, survey, or for zoning verification 1 inch = 800 feet

Parcel Number 11100014
Account Number 20921560
PIN 216300613939
Owner IBURNETT EDWIN & MARJORIE ?P
Owner Address 1
Owner Address 2 5001 O'QUINN BLVD UNIT J
City SOUTHPORT
State NC
Zip 28461
Legal Description 63.11 AC US 17 PLAT 23/306
Parcel Street Number
Parcel Street
Street Type
Street Dir
Subdivision
Deed Book 1410
Deed Page 0864
Deed Date 10/19/2000
Plat Book 0023
Plat Page 0306
Plat Date
Land Value $2,650,620
Building Value $0
Other Value $0
Deferred Value $0
Total Taxable Value $2,650,620
Heated Sq Ft
Year Built
Bedrooms
Full Baths
Stories
Ext. Wall 1

Bell Swamp Commercial Tract
0
C JF',KiPP.T k7e i
I{ENTU 4l NE
Parcel Number

Account Number 11110001407

-' 20921540
-
Plat Date
Land Value

+ $187,200
PIN 216300712841
-- =
Building Value y
j $0 -
Owner
BURNETT E L III ET MARJORIE A ? Other Value -
Owner Address 1 --
'Deferred Value

-?' - - -- - -

p _
?
Owner Address 2 -5001 O'OUINN BLVD UNIT J _-?-??-
Total Taxable Value -
- ?' --- --
1$187,200
Cit
-Y -
:SOUTHPORT
;Heated Sq Ft
i

State

'NC ,I

Year Built -------
zip 28461 a Bedrooms
Legal Description ; 3.12 AC PLAT U-123 ---
Full Baths - - -- -- J--
j
arcel Street Number
-- ---
Stories
Parcel Street
-- -- - -

Ext. Wall 1 ---- -- __ _ --- - -----

_ ?
Street Type
Ext. Wall 2 -- -
I
Street Dir
-?_ -.
-- - -

-
Neighborhood
1206W
Subdivision
Municipality
Deed Book 1410
Fire Tax District _.---
j WINNABOW
Deed Page
Dee 1225
Township
TOWN CREEK
Deed Date

-
10120/2000 - -

Acreage =- --

3.12

r '.
CORPORATIONS
North Carolina
Elaine F. Marshall DEPARTMENT UF" 1ICE
Secretary SECRETARY of- STATE
PO Bo* 29622 Raleigh. NC 276260622 (919W,07-200!.
Cc?[;ca io,s ?,O;re
.- yJey,: X01 r'-:"2 i';; t,
Se2rCl BY ReCictercd Agcm
Irnportant Notice
Resale of rickets Crime
Corporations FAQ
Homeowners' 45soc,aiien I A(1
Tobacco MenufFLAurers
Unincorporated Non-profits
Non-Profit Reports
Verify Certification
Online Annual Repor[s
LINKS & LEGISLATION
KRgt 52E Arru2' Reporrs
SGSID Number Correction
2001 Bill Summaries
999 Senate Biiis
Annual Reports 1997
Corporations 1997
Register for E-Procurement
Dept. of Revenue
ONLINE ORDERS
Mari An Order
Pdew P2yment Procedures
CONTACT US
Corporations Division
TOOLS
Secretary of State r'eme
Secretary of State cite ME
Printable Pace
Click here to:
Date: 2/6/2009
View Document Filings I Sign Up for E-Notifications I
ME M Print apre-populated Annual Report Form I Annual Report Count I File
an Annual Report I
Corporation Names
Name Name Type
NC Soy Bean, LLC Legal
Limited Liability Company Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
0900453
Current-Active
2/23/2007
Domestic
NC
Perpetual
Agent Name: Burnett, Edwin L., III
Registered Office Address: 5001 O'Quinn Blvd.
Southport NC 28461
Registered Mailing 5001 O'Quinn Blvd.
Address: Southport NC 28461
Principal Office Address: 5001 O'Quinn Blvd. Unit J
Southport NC 28461
Principal Mailing Address: 5001 O'Quinn Blvd. Unit J
Southport NC 28461
H
?r
L
J
3
O
c
4
J
e
k
a
Y--1-b
V, t lp a SeAq,
7
5 se amr.
S?s?n pooch
Y
u
2
e p!
o
3 `
O
G
No1dt^ ???. e
? i
?J
v
C4 Tst ;' ti e
CD
,z
pn?' P

Z
A
b.!
"I
B
L--`, C, 1
? r
A o
n - c
o i o
O v
P4
P 4- f mey, d <5 - Ae obj ?? ?' k 11
- ooa o n Data 2oom 15-6

m
w
Q
N
O
ua
4
4 4 4
? 4 o `m9Ll?i L7??a
U)
0 9
a L91 067 m } z
IV 6'
4r;pa L95 < \ l£ro8 O O
uo 967 °-'° ?r? LB ora 0' ? Lj UJ
-' 0kr? a? ?g5 L83 z Ui
4 ?N981 ?C>¢--v
WL`>
?J ?rY Cl L C) C)
a?
O
m ?
lp?7
0
z
Q
J
a
M
%.%%
yOd
•
?? Vey V
4 Ov ? ??
yyi+
6
•
\

0 ?
a •
Co ?? Y
F1
eJV
v CC)
4 .Y
:
!
` l

MJ`?

Q ? WM ---) % -.?
? ?
ul C-3
Z •

a %O6
J o'
< Q)
fn
Y yf$?N???e???r,?????
O
UJ
a o
am ac a
z
z }
p F
tn' x
m
?
_O /NQ?
C? ? f
? L
f
L lY.
10 Lj
C14 cr >- w ~
z In < Z v r Z . r
` Er Z = OD J v? w o
??? 89l W v0j 0 ao > L) 04 aNN? 04
Zw aaco? y -A D mZ
X59 <4p L641pa? 9Sjl LO Wo Zov z j m zF, a?zn o
BtST?TAPL °L"4 z v _Z ° I.-
L61
'PP Iroox to x bo ? oZZw
7) 7) o z (a
7> UJ LL) of
\
ari=a a? o
ell z
U w - 3
v? 'J LL.. f5 a O O
?`a W W W ?u
III
4 4 2 7> 4 4 r? a O J
a w
7> m o
co
LO
X90
6
?O
O?
o?
0
z
Q
J
a
YJ LA$?J

w 4% 0 V
6
- 4 c?
(b

4
f d 4 4 °U
4

?
?a >

z? L5 v
p0
00 9S7

a
ty c2
a? ? o ? rn w
z J
Oc,
lec' L352
???7 L34 E'" ?7 6ccl 8? ?' L337 0
1 ./p-uliC - -%-jo , u,iston t,v?- / tluaurangie
http://Www.topozone.com/print.asp?iat--34.1103& ]on=-78.11965&,
.

0.09 0.18 0.27 0.36 0.45 mi
34.1103°N, 78.1196°W (NAD27)
Elevation 32.1 fl / 9.8 m (USGS NED)
USGS Funston (NC) Quadrangle
Projection is UTM Zone 17 NAD83 Datum
M*
G
M=-13.814
G=1.617
-, f I
0.1 0.2 0.3 0.4 0.5 kin
>?.??.
?' ??m
-, .? ?

!
CL
Cl)
N
i
!
;O
I?
O
jo
i
?l
n
.Q i
?o
I°
!O
Ip
c
z
z
co
r
v
c
z
o
? IctiD ;3'
Q I i =
(q c i
y a
I ? (D i
I ?
I I
I j
i I
? ? Jf
i rn co -
J 0?w?N c
ml°??!<
N °'c
miO
II m ? i
iDII
O I j !
Im?
o?o
O(
©Icl
C
?I !
O l Co 1 r-
CD 0-
m m
W
i
!
I?
?o
v
I?
69 69; 'E09 1
'OD 00
I j i v
I N
COI N !
°?
! j
i !
0
C
rr
C
i
b
y
s
Bell Swamp / Harris Swamp Creek Drainage Map

CAPE FEAR RIVER BASIN
Name of Stream Subbasin Stream Index Number Map Number Class
Greenfield Lake CPF17
18 76 1 K27NW2 C;Sw
Greens Creek (Holmes Pond) CPF15
18-24 3-3 G23NW9 WS-IV
B
Gregory Creek ,
CPF23 18-74-41 I27SE7 C;Sw
Grey Run
CPF22 18-74 20.2 G27SW9 C;Sw
Griffin Lake CPF14 18-23-12 G21NE3 WS-III
Grist Mill Branch CPF17
18-65.5 J26SW3 C;Sw
Grove Creek
CPF22 18-74 21 H27NW1
C;Sw
Guffords Branch
CPF23 18 74-55 9-4 J26NE6
C;Sw
Gulf Creek
CPF07 18-5-(1) E22SE6 WS-IV
Gulf Creek
CPF07 18-5-(2) E22SE6 WS-IV;CA
Gully Branch
CPF15 18-31-20.7 H22NE2 B
Gum Branch
CPF15 18-31-6 G21SE2 C
Gum Branch
CPF20 18-68-18-2-1 I26NW9 C;Sw
Gum Creek
CPF03 16-19-7 C21SW4 C;NSW
Gum Creek
CPF05 16-41-1-13 D23NW8 WS-IV;NSW
Gum Fork
Gum Log Branch CPF07 18-4-7-2 E22SW6 WS-IV

Gum Log Canal CPF17 18-88-1-3-1 L26NE6 SC;Sw,HQW
CPF15 18-28-1 G23SE2
C
Gum Pudding Branch

Gum Swamp CPF22 18-74 19-15-2 G27SWB C;Sw
CPF13 18-20-13-3 F22SW6
C
Gum Swamp
CPF14 18-23-32-4-1 F23SE8
C
Gum Swamp

Gum Swamp CPF18 18-68-12-6,5 H24NW2
C;Sw

Hackett Lake CPF22 18-74-23-1 H27NE3 C;Sw

Hairs Mill Creek CPF03 16-19-3-1 C20SW7 WS-IV;NSW

Hall Branch CPF15 18-36
H23NE8
C

Halls Marsh CPF17
18-64-9
J25SE6
C;Sw

Hammond Creek CPF22 18-74-19-11 G27SW1 C;Sw

Handy Branch CPF16 18-50
I24SE4
C
CPF13 18-20-13-7-1 F22SE3
C
Hardison Creek

Harlands Creek (Hollands Creek) CPF29 18-87-5 J28NE3 SA;HQW

Harris Swamp CPF12 17-43-15 D21SE9
C

Harrisons Creek CPF17 18-81-6-1-9 K26SE1 C;Sw

Harrisons Creek (Little Alligator Swamp) CPF23

C 18-74-49 J28NW7
C;Sw
PF16 18-92 H24NW7 C
Harts Creek

Haskett Creek CPF12 17-43-16-3 E21NE8
C

Haw Creek CPF09 17-12 E19NE2 C

Haw Creek (including the
proposed reservoi CPF02 16-20-(4) C21SE8

r
below normal reservoir elevation)
CPF02
16-20 (1)
C21SE9 WS-V;
WSNSW
Haw Mill Creek (Hawes Marsh) CPF20

HAW RIVER 18-68-14 I26SW7 C;Sw

HAW RIVER CPF01 16-(1) C18NE6
C;NSW

HAW RIVER CPF02 16-(1) C18NE6 C;NSW

HAW RIVER CPF03 16-(1) C18NE6
C;NSW

HAW RIVER CPF04 16 (1) C18NE6 C;NSW

HAW RIVER CPF04 16 (28.5) D21NE9 WS-IV;NSW

HAW RIVER CPF04 16-(36.3) D22SW9 WS-IV;NSW,CA

HAW RIVER CPF04 16 (36.7) D22SW9 WS-IV;NSW

HAW RIVER CPF04 16-(37 3) E22NE1 WS-IV;NSW,CA

HAW RIVER CPF04 16 (42) E22NE8 WS IV

HAW RIVER CPF07 16-(42) E22NE8 WS-IV

HAW RIVER (B. Everett Jordan Lake below normal CPF11
CPF04 16 (42) E22NE8 WS-IV
pool elevation) 16 (37.5) E22NE2 WS IV,B;NSW,CA
Page 11 of 31
2009-02-07 06:25:41
f a(x?-S c%1 qc/ /Z
'O'N `AlNno:3 )l,0IMSNnbi9 wo7•Buq?uo°oy?o
4098-fft (0 l8) %Vd lOYBZ 'ON 'NOlONIY11IM t 2 m m O
?........... 7S w
dIHSNM01 >133a3 NMOl 00£L-bsb (0l6) '131 r996-r+f (Ol6) 3NOHd 133tl15 13MNVW ZOB
19b8Z 'O'N '180dH1nos , M m I
NOISlAiaenS >l-l?dM AbI1Nn0a r 11Nn "GAle NNlno,o Loos DI?IS-dHR II9NR ONIKICISNOD o m
Nd1d 311$ o„ 'NV39 xos c 8
d3NM0 'I'IdLSI?IfII 28ISfl5I SI2I2ION
IIV1sNn1 -P 3HSnM 'saaoN aooz©
SNOISIA38 -
A9 NOUdWS30 31V0 IoemS ,
\ Ip00dQ@@p8
{? h
0 1\0,
(S) 00
\ §q r \ \ / 099
\ \ °
LL,
.. ? ?•. §! '? h?? / \ _r to
44
:S^ / \ \ \ \
\z, a
I..1. •;? ;I I ? l gR I' ? "' ? ?;??:? i :? Ia ?? ^''?,? .? 1 I I I I
L) IN
it toTTTTTTL-)
/IN
4 IN
IN j
IN f i ,a I ' I I'll Ia j fa i IN j Ia I ><IN cr
' ill $ i IN ?' \ /,, r ---- ---------- I `§? aI Ld M- It m" §4 I eg I e: ill § I ?: I eg I eg I e! ? I I ,? ?) I I j I
If
IN It
j-ia ; Q N 54 Q IN w,-
IN la a ,! I I I I c~i §a Q,
IN I I '
?- - $ I 4 a I . I
Ij y' S of §! I ::? I a ?? a I i? 1? N? ]
I ' :il I i e ,g -,, I I
I j
I r IN is I IN IN
J '
§! §! §! I I y I ! -r -
§ I
t-- - - - is
G
,? ?- ?- -? i IN I IN I ,N?. - -,-------- -I I
I e! I °s j IN §!
I I! ?? ! ?g /•/\/ §! it j IN s! eR s? §R I I s - J j -'
,
' I \ §g ?. §! / 6 I ?! '?r'' I -_ I ?_.---__ _moa AE 7mnnr eY?nm7r --_
j/•
I IN
Y. I I I j <° °
; I ei I s! I ?3 I ?? I '! y l le ---- ==' == I I j
/?C §, % i\`?. yi I
§' ?- - -- IN
I I I I

IN

it -?? \ I
., IN _ _
F
L

q
rn -,-
K ?? !
Q) -
r ? w
?.;

'0'N `Jl1Nf10? )IDIMSNn is
dIHSNM01)f33a3 NMO1 00£L-4S4 (M) 131
1949Z 'O'N 'AOdHlnos
NOISIAmens )IIbM AEIlNnoo r 1iNn '•OA19 NNino,o Loos
N01103S SSOdo SaNVIAM 311 NV38 /,OS
:li3NMO
IIVISNnl 8 3XSMI •SI88ON 900ZO
SNOISK3S
NOI1dIiy?530 31V0 109WA5
wor6wlyu0•alHo
"098-f"f (018) XV3 10"9Z 'ON 'NOIDNIMIIM 4•
0998-{K (018) 3N
OHd L33HIS 13X1M Z08
row
'DNI `S119UNION3 ONIJ,If1SNOD 1
ZIsi-
"IIV•LSNn•L 2R jxS nx `SI22ION (
0
/ 1 1
\/ o I I ? s 1? `\ \ I
a I
I
/ O I J
I ? II
/ I; ?? ? ??el?s\ I I
4
U7mTb
o
tx "ui r'
LOW
inLL , m o
u ?I
I?
NIz
-) I 0 I
?, I o? I, '•? I I ? I
1
' I s ?I
IN
Z I
I I
b 10 /
FFFL
LN_N , X
ter'. ,:?-. ?/'_,r_'??'L?A Ike.. - ? T ,.. __• T- ' j ?' ?_ , I I
C!
o? I I I I ,??
S
O p
1° I ? I p b
N 4 i. IT LL ? ? ? j
N
/AI
e I I g? j
l
ii
I?
II
II
I) -
a? I
I li
I II
I
I
? I _ Z i I ? •N, l i -, ?? 1
J I'
n Irr N •? •
I •?: : ?:1 1 li
/ h II I 11
i N ? 1 • 1• ' 1 I I
o m '?
'? I I I
1--??L J
I M 0-1J .OE inNgAV A\.gon1N3)1 y
1 I
?e I I O O O O O O O O O O j° -•--.-.-??'s ?i I I 1
II
i
P-
-4
___
ie e
J
(n
w
Q
e 1?0
?c; v\
- e
- C
e ??? oU

w
0
T Q
m?
N
Q
N ?
X i
N 1
oa
aov
a
eoeoaouoo?o
?po o o0opot03?t
`.t
00.7? V
0 G
?? SD• bhp C>>' G
0
O
0
I I
w
J
Q
U
<n
(V
_ J
A& Q
'O'N `AlNnoo )lOIMSNn89
dIHSNMOI )13380 NMOl o0£L-b90 (Ol6) 131
19481 'O'N '180dH1nos
NOISIAmens )I-IVM A8.LNnoo r liNn "anle NNino.o loos
N01133S SS083 SaNV I13M o11 l 3e AOS
?Ei3NM0
11V1SNn1 IY 3NSnN 'S18HON 90020
SNOISIA38
NOIl 18OS3o 31VO lOBYIAs
.oo 15-14u00a111O
•096-f Of MIS) %V! 10- 'ON 'NoloNINIIM
0996--f6C (016) 3NOHd OMRS 13>1~ Z06
'DNI `S)O HNIONH DNI.I IASNOD
TIN!S fI L 19 HNSfIN `SI2I2IOI?I

I
I
o
Inf
-? ass
WI
J
Q
U
(n
Ln
N
a ml '? I
a
1z a<1' ??
wa ?a
a? ?m I I
OF?
ss- ess-
T CD.
1
I I ?? I a
>w
tr
ii I ¢<
a
3 0(-)
t^
(L Q W
?a- N
y
I I I
I ,? I
cr . o
_?
vjo c
LLlocc
Q
U 11 I
U
r
o m
a
m
Z
Q
U
W
(n
Cf)
In
0
[if
U
Q
e w
a

o Q
I
Q
a
Of Q a Q a a Q U
< N Lr) (D n n c0 CY)
U 0 0 0 0 0 0 0
0 0 0 o 0 0 0
? 0 0 0 0 0 0 `.
w ?
v (n V) vi In vi
I ?
w
Ni
J 0
(n 00
^ 00 rn
M ?' O M (n 0) t (j)
Q U UJ Ql I? O .-
Q
Z Q m U o W I, U
Q
W W W W W W W
w a a a a Q Q Q
a -?
_
O

C?
o z
W
z
Q
? Q

a
o°'
0 Q

v
v
0 Q

00
10
0
o 0 0
w v
vi
N C

vi
1i

vi
N+ J

m

U

a O

01

O
4 rl
In

OO

(ND

r

I")

z (V r)
J
Q

w
W
Q
W
Q
W
a
U
Q
W
0
0
Ll?
Ln
0)
(N
n
J
H
0
H
O L0?ii
x
(n O O
W O O
J
V 11 II
N - r
Z
_O
U
W
cn
Q
w
LO Q
0

? 171,
_
®?Ue QODUOOObpppppo G
0000 ?? {'?o`oo'ooooo00 uGG?
o r ?' 4oc,)2r
b V Oco , '• V O `s
ow 9a
006 °C)?
n ? 1? t
?OOG?1 O1000OO01- ` ` ..
W
T ` = m m N
s d-a -b ??a Zr -Plf fy
'O'N `A1Nf10O ?iOIMSNf1»8
dIHSNM01)133EIO NMOl 00£L-1794 (M) '131
191792 '0'N '180dH1nos
NOISIAIaens )`flt/M Ab1NnOO r iiNn "0A18 NNino,o LOOS;
N01133S SSOEIO SaNVI13M 011 E138
?a3NM0
iNnl A 3HsnN 'SINSON 90OZ©
SNOISIA311
NO11dWOS30 hV0 1O9V1As
0
fn z
O
z3a
Boa

z /
z z

O 3a
00
lJ

UU
ow
a-

b
<

VJ
cj
6
wl
J
Q
U
(n
oC)
/
F Z
to 0 y /
C) (L
W W/ r
CV/
a-
b
~ I X
W
,? . o
0
i °3
I i I' II
(?./' I I I w0
w
viC)
?' • / / (n
tttfff I

_ m
U
a
}w
Qa
a?
O U
o_ Q
7
?I D
a Q
z } W
wa ?a
a
Q? OF
U O U
?a n Q
wa
\?1
I<
m i
c
m
0
'',BSS?.??Ig•
I
O
1Ln
N _ II
m m
- Lei
J
Q
H U
CO
m cn
m
In
m
woo 6°gn°6nlJ;0 --r;
Y098-ftf (01.8) %V! IO 'ON 'NONONIY1lIM ji
CS96-fYf (Ol8) 3NOHd L3 133N1S 13H9VW ZO6 •DNI `S-dHHNI9N2 9NI.L'IfISNOD c I IdI SNfI L H}ISfl}r SI2RION 0: a
O
x?
W o c
J
U II I
OW
x >
cnoo
W o 0
J
oil II
C/3
8
s
m
I
m
0
a z
U
F--
U
W
(n
cn
0
m
u
(V
Q
w
m
Q
N

r
O
Q
I
Q
N Z
O
U
w
Cf)
(V
? Q
W
Q

n
C .,
A
Qo?®o%.,*40n6000 00 Np; :
•n? `l„ _ _
o ?ywo°o
CO)
0 o,t?
Cd1
X-N
_(;? s -?d -Z I -Pity

'O'N `AINnoo )OI
MSNnide
dIHSNMOI >13383 NMOl
OOCL-4s4 (0l6) '131
19b6Z '0'N ' oos
N0ISIAI48(1S )lbM AalN(100 r liNn -an1e NNinoino,o Loos
N01133S SSOE13 SdNVI13M -„ NV38 AOS
:kl3NM0 wor6urylupaoyro
1096-fill (OW 6) %tle 104 'O NOLDN 13 US •NOFJNIWII
1,096-1,41, (OL 3NOHd 13 Amm" Z06

'DNI `SKIRNIONH ONLL'If1SN0D

NII.I. 2W ?}ISI1}I `SI2RION

^

c
z m m
z m w

o o m
? ? ?

s
nvisNnl p 3HSna •slaaoN 9oaz©
SNOISIA38
NOUINOS30 31V0 108WAS

wC?
x
x
vjoo
w c o
J r
V u n
N

Y'0
Oa
o0oo /CY 0
W
po
,?
g
o,
00
•..:
m 0-
?,/
,
oo
°O
00
CE

LLJ ?
-
:
0
7 O

O o 0) -5 z
C) %0
J Hr o
I 0
?
°
/?
•?
W O
. p
v (,?ryry °JvV o
0° Ea C
(n V °°000000000
u vI
O •,?rr?91i11RR????\?

U
d-
Q
W
ry
Q
0
m

M li
Q
1,-w rw
D!
jr
wa <V
uj ? a

s
0
x
N C
W O
Q II
0
D
I
0
0
a z
_O
U
W
U)
07
(/)
?o O
ry
U
Q
W
rr
Q
0
N
a
yw
as
?F-
?a
wa
O
Ln
I I
W
J
Q
U
U
Q
m
w
CY
Q
W
ft?
QO
J
Q
w
0
a
}w
aQ
0
O V
o a
Lo
LLJ
w
LLL
U _
Q? O?
O ?u
x
pj o 0
J O O
vl II II
0

V
U
I
o U
Z
O
U
W
cf)
Q
o LAJ
ry
Q
J
Q
n u
W
o ?
O
U
N

C?ou (?? y l ? l ti - ?1 S?x?m?-TVa
klA- r ,LkACAL- C_ol -n I S n irr

From: Farrell, Thomas A SAJ ()
To: [e-mail]
Date: Tuesday, August 5, 2008 9:06:10 AM
Subject: FW: Hey There
Hi Dana:
1 just found the notes Brad sent me.
I inspected the Bell Swamp Tract with Kim and Jerry Peake on 3/15/07.
The notes say that the site contained jurisdictional ditches and it was okay
for surveying. That means I didn't consider the ditches as natural steams.
Hope this helps a little.
TF

From: Chad Coburn ([e-mail])
To: Dana Lutheran
Date: Friday, February 20, 200910:12:56 AM
Subject: Bell Swamp - Country Walk Stream Call
Dana,
Based upon our site visit on 02/10/09, the feature that we observed (only on the north side of
the road) on the attached map is a ditch. It is possible that the feature would begin to exhibit
characteristics on the south side of NC17 that would enable it to score a 19 or higher on the
DWQ stream form. However, I only looked at the portions of this feature on the northern side
during the visit. I hope this will suffice for your application.
-----Inline Attachment Follows-----
begin:vcard
fn:Chad Coburn
n:Coburn;Chad
org:Division of Water Quality;Environment & Natural Resources
adr;dom:;;; Wilmington;NC;28403
email;intemet:[e-mail]
title:Senior Environmental Specialist
tel;work:910-796-7215
tel;fax:[phone]
version:2.1
end:vcard
] Image View Siide?hcw a wnloac Seiedec i,iownload Fit

rED) I t

1 r /
1•
.s
1 VV
rr?

t
z „ m
z NEW NANOVER
vm? o c -
W '
/ f f L f0
a
s? a
I ry
1
s _ o
iR
it

m
ZQI
I
at
/i
4N,
11.V2
? s
a
E i T
o

E
1
C
C
7 f0
H

C v

- 1 a
101
$6 F i big
{r? s$ c
iS
'43 iir 3E ;2

L
NC
r
(??6

H
a,
Y
m
-j
L
a
N
to
c
;t7,= I
a, O c
N
7R E
4
?- r

r---
3
c?
N
'J
N
r
\y ? 4 ri -KI

1

II,
!II
I?
li
I?
II I
I?
i?
I
I?
II
I
I
II
I
I
I
I
I
I
I
I
I

r
N

0

? V

f?
c%L
N N\
Q?l
'J Q r ' ?• \ \\ \ v ? \\\ ` ? II I
? O I
? ?{ I I
?^ \ I I
` o I
Y i1 u o
\\m \ a2< <c i

1-
CIO stem
I-4i l lal 'elllelIt
PROGRAM
February 12, 2009

Mr. Ed Burnette
Edwin and Marjorie Burnette
5001 O'Quinn Blvd., Unit J
Wilmington, NC 28461 Expiration of Acceptance: November 12, 2009
Project: Country Walk Subdivision County: Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also corgply with all other Ltate- federal or. local
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.neeep.net,
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following'
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer 11
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030007 0 0 0 0.142 0 0 0 0
Credits Cape Fear 03030007 0 0 0 0.284 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
William . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE- Wilmington
Chad Coburn, NCDWQ-Wilmington
Dana Lutheran, agent
File
/Jr
R?storu29... P
is ??... Protectiut j Orin Stag
DA-0 6-k
's;Z
IF?CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Attachment 18
DRAFT - FOR PERMITTING PURPOSES ONLY
* Please note, these restrictions will be incorporated into the final restrictive covenants
associated with the Country Walk Subdivision.
"The areas shown on the recorded plat (prepared by Norris. Kuske and Tunstall
entitled Preservation Exhibit A dated March 2009) as conservation areas shall be
maintained in perpetuity in their natural or mitigated condition. No person or entity
shall perform any of the following activities on such conservation area:
I . fill, grade, excavate or perform any other land disturbing activities
2. cut, mow, burn, remove, or harm any vegetation
3. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility
poles or towers, or any other permanent or temporary structures
4. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation
area
5. dump or store soil, trash, or other waste
6. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of America,
U.S. Army Corps of Engineers, Wilmington District, Action ID SAW-2007-00295,
and therefore may be enforced by the United States of America. This covenant is to
run with the land, and shall be binding on the Owner, and all parties claiming under
it."
The restrictions found in Section cannot be amended or modified without
obtaining express written consent from the US Army Corps of Engineers,
Wilmington District.
Attachment 18
DRAFT - FOR. PERMITTING PURPOSES O1VLY
STATE OF NORTH CAROLINA
Brunswick COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of , 2009, by Edwin
& Marjorie Burnette ("Declarants").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being
approximately &,r7 acres, more particularly described in Exhibit A attached hereto and by this
reference incorporated herein; 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 SAW-2007-00295 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
5EG
Property.
C. Industrial, Commercial and Residential Use Industrial, residential and/or commercial activities,
including any right of passage for such purposes are prohibited.
D. Awicultural, 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 nage_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.
I. 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.
5EG
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 Puroose.
(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
SEGO
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 Brunswick 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.
Declarant's Signature:
Date:
J N A.L.NnQU AUIMSNnas
dIHSNM01)133U3 NMOl
N0iswaens MIHM AblNnoo
bf 1181HX3 N0IldAb3S3Hd
iwiswi I? 3Msn)i -sisH N ooozo
SNOMAU
ti8 f"dIaos30 31yo 108fus

00i'L
(O l6) "131 uwa•6u•y,u0•awo
?Ofi6-fff (Ol6) %V! LMZ 'ON 'NOlONI+vIIM -
2 m m
'
19982 'O'N 'N laOdHlnoS
" f998-fff (Ol8) 3NONd 133MiS 13Aavn 206
` 4 W ¦ .

r imn
GALS NNlno,o coos
'
?NI
S2I3?NIJN? JI\IIYNISN0D O . m

011
NV38 .IOS
:

TIV.LSNfI I
ISfIX `SI2RION ^
w3NMo
j..
I
' I' ',\ \ '•\ Q U
c N
°
LLJ
\ Lj
I o
(n
LLJ LL:
\ cn ui I II
0)
r \?. U-) rh
rn 0) w
0 Lo
® O / \ \'.\ I Q VJ ? I
_J V)
V) z
It !S u
IN >
IN A
1 t 5ij , i • T, \ \ \
` : ?: \\\' / /9 \ e9 \ f ' I \ I / / I
IN Is
s I j I
i i
sj I ?9 I sl I s! i I _ i ? I I I ?t I S3 1' S? / \ 7? i C --?aom.av----- -----------? II 51. I -I[
I I ! a'
IN ~ _ +_ =f = T= _+ - I I I IN
IN
!? la to 15 la ! la a s 1 i? -'151 I - f I u I ?'
I L-.- \ ?51 ! 51 I !1 !: I 5: I !: I j !: I 5 I 5; I ! I 57 1 I
Jai
IN so
? I ?t \ \..?. ? 5 J r 1 ?•? 4?` I !r1 I I• ?I f I / ?C ? I !! I? I ?Ij I I I I I
?? I i 33 I + 5: ! I
IN
Ij- I eE O` - I! }I I 10 I? ?? I - i I ! I I
I I
I
T y? r
Il IN 1' V Ij 0 ? 9 II f ? I - - ' J • I
IN I D
15 12 IN ! i T
r D '
5? I 5? ! L
!1 r ' I ? jtti ? ? J ? 5 I 1 I ? ? I o:
IN
I:..r„'? ` ••' k? j-__ y,_ I I I`---_.-i I '4f I I 3
R
41
/IN
1:1 IN
i IN IN
I
! tl \ !;/•.'C ;g j /\ '? !! j !i ! !? I !1 1 e1 I
1 I s? I ? I ? I s ?------°'?------' rl I /.:? ----•-?
- - - - '-?->t // - - -
\ !? /•r`?' / .` \ !7 /' ?- ?? -? 7__L__ 1-__ Lr ??M'O'iI AC ?AINLLWII ''?? j 1
7 7
?? ¢ ?' IN ; :/ !f !! I !? I ?? i !1 i 51, I s1 ! !1 I I ?°?-i? • ??
Lr.
sg I s? i j i a j sg I s? 12 55 '•1 s3 ......
- - -
c5j I
I \\ IN
\ `\ I I o I i
by Planned Unit Development IPUDI
The purpose of the Planned Unit Development ordinance is to encourage the
development of desirable, mixed-use living environments which meet the needs of the
residents who live in them. Certain development privileges, through diversified land
development standards in exchange for preplanning and innovative design
considerations, provide flexibility in utilizing new development concepts that are intended
to:
• Encourage creative development that preserves natural and scenic features.
• Provide for abundant and accessible open and recreational space.
• Promote the efficient use of land resulting in infrastructure networks that maximize
the allocation of fiscal and natural resources.
Density
The PUD ordinance provides for the preservation of assured open space (lands other
than wetlands) based on the density of the proposed development. Open space is to
be set aside based on a sliding scale that requires 5% open space for a project
density of less than 1.5 units/acre up to a requirement of 30% open space for a
project density greater than 3.6 units/acre. The PUD ordinance also provides for full
density credits when perpetual conservation easements are established for
ecologically sensitive lands such as marshes, Carolina bays, pocosins, and swamps
that are being preserved for the public interest.
Subdivision Ordinance
Subdivision regulations control the division of land into parcels for the purpose of building
development or sale. Subdivision regulations are a more limited tool than zoning and only
indirectly affect the type of use made of land or minimum specifications for structures.
Subdivision regulations provide for orderly growth and development by setting standards for
street construction, interconnecting street systems, utilities, and for other improvements that
ensure the appropriate design and layout of new development. These regulations also serve
to protect natural features and resources by not allowing or reducing development intensity
within sensitive environmental areas.
Flood-related subdivision controls typically require that developers install adequate
stormwater drainage facilities, and design water and sewer systems to minimize flood
damage and contamination. Regulations typically prohibit the filling of floodways or the
subdivision of land subject to flooding unless flood hazards are overcome through filling or
other measures.
The Brunswick County Subdivision Ordinance, first adopted in 1980, originally required only
that divisions of land be registered with the County. The original ordinance contained few
specific design criteria for the approval or disapproval of new subdivisions and required only
streets that were to be dedicated to the State for maintenance be required to meet design
and construction standards.
In 1991, the ordinance was substantially revised to include specific development standards
including requirements for stormwater drainage to minimize or eliminate flood damage. The
ordinance was last revised in 1999. A summary of sections of the subdivision ordinance
pertinent to hazard mitigation are described in Table C-6.
Brunswick County Hazard Mitigation Plan - Draft for NCEM Review
Appendix C - July 21, 2004 C-46
/4-1+0A N T>?5 Z o ff'
Article 4 Zoning Districts
Residential Zoning Districts
Modification of Standards
1. Using PUD
Applications requiring modifications of the base dimensional standards shall require
Planning Board approval using the Planned Unit Development process found in Section L.
2. Limits on Modification of Standards
i. Modification of the maximum development density or minimum open space requirement
shall not be permitted, except as allowed through a density bonus program (see 4.8.7).
ii. The minimum lot width and minimum yard requirements may be modified by the
Planning Board through the PUD process (see Section L). However, the minimum
distance between structures shall be as required by International Building Code with
North Carolina Amendments.
iii. The maximum building coverage may be increased by the Planning Board by up to an
additional ten percent through the PUD process (see Section L).
iv. The Perimeter Compatibility requirements in paragraph 4.8.5.G, may not be reduced.
K. Commercial Uses within a Planned Unit Development I • •
Commercial uses shall be permitted only through approval of a PUD permit provided the PUD
contains at least 10 acres of land. No more than ten percent of the total acreage may be
designated for commercial use, excluding golf courses and associated facilities. Commercial use
within shall be designed and located to serve primarily the residents of the subdivision. Such use
shall, at minimum, have one internal access to the development.
Permitted commercial uses within a PUD shall be the same as those commercial uses in the
Commercial Low Density (C-LD) And Neighborhood Commercial (NC) Zoning Districts per
Section 5.2.3.
L. Planned Unit Development Approval
1. Intent
The Planned Unit Development (PUD) option is intended to encourage the development of
desirable and innovative projects for both residential and nonresidential uses. This may
include a mixture of uses not ordinarily permitted in a traditional development. Certain
development privileges, through diversified land development standards in exchange for
preplanning and innovative design considerations, provide flexibility in utilizing new
development concepts that are intended to:
i. Encourage creative development that preserves natural and scenic features.
ii. Provide for abundant and accessible open and recreational space.
iii. Promote the efficient use of land resulting in infrastructure networks that maximize the
allocation of fiscal and natural resources.
2. Establishment Criteria
i. A minimum of ten acres shall be required for the establishment of a PUD.
ii. The PUD may be developed in phases or sections in accordance with the phasing
schedule submitted as part of the approved plan.
3. Applicability
i. All proposed developments utilizing a Planned Unit Development or modifications to an
approved Planned Unit Development shall be subject to the review and approval
procedures found in this Section.
ii. A Special Exception Permit (see Section 3.3) shall be required.
iii. Additional review or permits, including a Traffic Impact Analysis may be required.
4 -22 1/9/2009 Unified Development Ordinance
-----------
Brunswick County, North Carolin.
Z?) fn- /v-F 4-
From: Jody Bland [e-mail])
To: 'Dana Lutheran'
Date: Thursday, February 5, 2009 2:11:57 PM
Subject: FW: Country Walk Subdivision
Hi Dana,
Below is the correspondence where BC indicates the need for the additional wetland crossing and the stub out to
the North parcel.
Thanks,
Jody Bland
A NORRIS, KUSK£ &TUNSTALL
FO11 5 Ut 7II1 F'rGiNFF%¢ LNG
Wilmington Office - 910-343-9653
Brunswick Office - 910-287-5900
Mobile - 910-512-8148
From: Marc Pages [ma ilto: mpages@brunsco. net]
Sent: Thursday, January 08, 2009 4:26 PM
To: 'Jody Bland'
Subject: RE: Country Walk Subdivision
Jody,
I'm currently trying to get some feedback regarding the two means of access on Bell Swamp and the chances of
getting a future driveway on US 17. I'm pretty sure they will not allow the 2 entrances on Bell Swamp since they
are in such close proximity. Secondly, after talking with Leslie I'm not sure stubouts to the commercial area are a
good idea because of DOT's reluctance to issue driveway permits along Hwy 17.
How about these options:
-Eliminate the Bonner Ave connection and provide a stubout to parcel 0970002616 (that would count as another
point of access even though it would only potentially be functional in the future).
-Connect Kristy Lane with Norris Blvd. That would greatly improve your intraconnectability issues with the
link/nodes and the cul-de-sac length. I know it's a small wetland crossing but you would no longer be impacting
the wetlands along Bonner Ave since that road would be eliminated.
Marc Pages
Land Planner
Brunswick County
910-253-2056
moaaes anbrunsco net
From: Jody Bland [mailto:[e-mail]]
Sent: Thursday, January 08, 2009 8:50 AM
To: 'Marc Pages'
Cc: 'ELB'
Subject: RE: Country Walk Subdivision
Hi Marc,
Please see my comments below.
zE) z of
Thanks,
Jody Bland
rNORRIS, KUSKE 1UNSIAL L
Wilmington Office - 910-343-9653
Brunswick Office - 910-287-5900
Mobile - 910-512-8148
From: Marc Pages [mailto:[e-mail])
Sent: Wednesday, January 07, 2009 5:09 PM
To: 'Jody Bland'
Subject: RE: Country Walk Subdivision
Jody,
-Your scheduled for the February 9th meeting if the TIA is completed in time. 1 tie 1 IA should be complete by this
time.
-1 do have some comments regarding your revisions, specifically the connection to US 17. 1 believe that it is poor
planning to remove it plus the new connection of Bonner Ave is pretty useless since it is so close to the Hodges
Lane connection to Bell Swamp Road . Right now I think the best course of action is to provide a stubout to the
commercial area and remove the Bonner Ave. connection. I think that we car) provide a stub as originally shown
but Mr. Burnett does riot want a direct connection to HWY 17 for the subdivision since we feel in doing so would
create a super-street comment for this subdivision when it is unwarranted Jason Hamilton from Ramey & Kemp
has indicated that NCDOT will more than likely require an unsignalized super-street in this location but this be a
phased comment contingent upon when and if the commercial property along Hwy 17 is developed Bonner Ave.
is intended only as an emergency egress lane as required by the UDO Section 8 8 10 C 1 v 8 Section 8 8.10.0,2
-Also, I did not catch it at TRC but the Norris Blvd cul-de-sac is in excess of 800 feet which is not permitted. It
may be a good idea to place the stubout to the commercial area on Norris Blvd and that would alleviate both the
connection and cul-de-sac problems. We can place the aforementioned stub in this location to alleviate this
problem.
-I'm still looking at the link-node issue, I'll get back to you tomorrow.
Marc Pages
Land Planner
Brunswick County
910-253-2056
ml2ages(cD
,brunsco.net
From: Jody Bland [mailto:[e-mail]]
Sent: Wednesday, January 07, 2009 8:37 AM
To: 'Marc Pages'
Subject: Country Walk Subdivision
Hi Marc,
A couple things regarding the Country Walk Subdivision
o I spoke with Mr. Burnett this morning regarding the heritage tree letter from his surveyor. He indicated that
the surveyor had found a few heritage trees on site. Therefore the comment stating that there are no
heritage trees on site is incorrect. Mr. Burnett indicated that I would have the heritage tree survey ASAP.
c Ramey and Kemp are currently working with NCDOT on the TIA.
o When is the project scheduled to be heard before the planning board? Mr Burnett indicated that he will be
out on vacation the week of the 1 9th

From: Marc Pages [maiRo:[e-mail])
Sent: Tuesday, February 03, 2009 2:28 PM
To: 'Jody Bland'
Subject: RE: Country Walk
Jody,
I spoke with NCDOT this morning and based on their input I am going to recommend to Planning Board that a stubout to the commercial area be put on the plan
to give you a heads up. Just wanted
Marc Pages
Land Planner
Brunswick County
910-253-2056
moan bring
/))?Wmer7/ 2/ &? !W Z_
Significant Natural Heritage Areas in Brunswick County, North Carolina.
x x c
v x a, a o
v,
E E E i Q c c
ti o L' c v Y
?? in c Y m a m m°
m .E
? m Q a a
" c
?
m c u
Y ti(?j
? _
Gy m c,
C Q V)
m cc
,y l6 a m 0 N E C
E '
N ° z y f`0 O
10 V
6 C 6 L a
+ ['
C =
O J
d
O
E Y m J C v O
N f
.m U m N= z m L
J U m m
L a
'O
a, J N a m C C m m Y M a N m
C, z a. Y N [(J Q
_
cG
m U1 Y C C. r-
N LL
G
l Vi C O C L N N C L
O
C
" O y c t
O N

[fj
L C A? /6 1
0
M
Y m m p C
m J a+ U1 `c L+ 7
O
J
'O
-
m
O G
L> G m a Y
y L
O u-
m m
C
y m C

m
E E

U m m m .o
C y L m
0)- C: (J L m Y
V) J
Qi C y m V a
= >, a
Q a co Y m m a) L m m
d (p IL > r d m _
N
Y J J m m
m m N
m
N U
C >1 y N- C y a m m r
m
C.
G U m d T y O O L Y,
z a) 'm
3t
m Um O C °CpCpCp Y a)?
N
?QUmp d
c
Um m
?a1
n `
0000=tea
m ca C=?
L31 L «. >+ N N a1
10 U Z
rn
._ ' Y r N
o E o
'? 'C ° m }. m
Q Q OI ID F- F ?- N C
a t o N .>'. O Y m
m
mm m
mmimmm
m
mm m OmmmmOUO W LL LLO
m O 2?? JJ7 2O d
0^ N m Q O^ O O
R

(,p n
N N [? V y-??p ^ p (? R (+?7 R ill m
N SV N CV N N 8 f'] M f) m (?i
r €
z
cr,
•`
n
1 n m h
N z
N
C
O
h
wc,' <
f V ? ?I
?' uyI o
Z ?T
Z ?
_ m
??`?r t? ? O To ! U
e n ? r?1I? m U?? I rn
10 I m
l1 ? m
2 ? c
CI
eo
A
a
X
C
C
O
fA
N
C
O
T
.?i
O
z
10
?`-t-t 2 ?_1 ?Yln c v? Z l P l o k L
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
NC019 Brunswick County, North Carolina
0
0
0
0
1
2
2
3
5
6
7
7
8
8
9
10
11
12
12
13
13
14
15
15
16
17
17
18
18
19
Baymeade fine sand, 1 to 6 percent
BaB slopes
Baymeade fine sand, 1 to 6 percent
BaB slopes
Baymeade fine sand, 1 to 6 percent
BaB slopes
Baymeade fine sand, 1 to 6 percent
BaB slopes
Baymeade and Marvyn soils, 6 to 12
BDC percent slopes
Blanton fine sand, 0 to 5 percent
BnB slopes
Blanton fine sand, 0 to 5 percent
BnB slopes
BO Bohicket silty clay loam
CA Carteret loamy fine sand
CH Chowan silt loam
Co Corolla fine sand
Co Corolla fine sand
CT Croatan muck
CT Croatan muck
DO Dorovan muck
Du Duckston fine sand
Fo Foreston loamy fine sand
Goldsboro fine sandy loam, 0 to 2
GoA percent slopes
Goldsboro fine sandy loam, 0 to 2
GoA percent slopes
Gt Grifton fine sandy loam
Gt Grifton fine sandy loam
Jo Johns fine sandy loam
KrB Kureb fine sand, 1 to 8 percent slopes
KrB Kureb fine sand, 1 to 8 percent slopes
LA Longshoal muck
Lo Leon fine sand
Lo Leon fine sand
Lu Lumbee fine sandy loam
Lu Lumbee fine sandy loam
Ly Lynchburg fine sandy loam
A ac??+v?ev? 2.2 ( P? Z o k Z)
NC019 Brunswick County, North Carolina 19 Ly
NC019 Brunswick County, North Carolina 21 Ma
NC019 Brunswick County, North Carolina 21 Ma
NC019 Brunswick County, North Carolina 22 Mk
NC019 Brunswick County, North Carolina 23 Mu
NC019 Brunswick County, North Carolina 24 NeE
NC019 Brunswick County, North Carolina 26 NoB
NC019 Brunswick County, North Carolina 26 NoB
NC019 Brunswick County, North Carolina 27 On
NC019 Brunswick County, North Carolina 27 On
NC019 Brunswick County, North Carolina 28 PaA
NC019 Brunswick County, North Carolina 28 PaA
NC019 Brunswick County, North Carolina 28 PaA
NC019 Brunswick County, North Carolina 29 Pn
NC019 Brunswick County, North Carolina 29 Pn
NC019 Brunswick County, North Carolina 31 Ra
NC019 Brunswick County, North Carolina 31 Ra
Lynchburg fine sandy loam
Mandarin fine sand
Mandarin fine sand
Muckalee loam
Murville mucky fine sand
Newhan fine sand, 2 to 30 percent
slopes
Norfolk loamy fine sand, 2 to 6
percent slopes
Norfolk loamy fine sand, 2 to 6
percent slopes
Onslow fine sandy loam
Onslow fine sandy loam
Pactolus fine sand, 0 to 2 percent
slopes
Pactolus fine sand, 0 to 2 percent
slopes
Pactolus fine sand, 0 to 2 percent
slopes
Pantego mucky loam
Pantego mucky loam
Rains fine sandy loam
Rains fine sandy loam
1?14a-eh metil z3
C3
5out-bem Environmental Group, Inc.
Environmental, Development, ant .Conservation Ackisors
w??,v.se?l?,s

CAg-KA-* N-O
5out6ern Envii onmantai Group, jnc., (5- E(Si) the
hereby gent
risht to
ccFarree in matters reprdins environunnt&l
oanev6n% se?vices on:realprbprrty nwrfe4.6W; pv'? t*?1e}?j,
a3 ?f? I s??..r?t't?oa't:t?. €; 1) ?[x.:?71 +?13'1:fir, -I?i?"I`o ??:.l?ou «-+
B rofi
Coin, Narth na,
+'?? , :i
jvg-09
Date
- 7
s3??5 +C g :R • WWvo%NvAC "- 2e+r2
? 1!J?4a3,?,? t 1 • .F? y:1a4?3:.7.ey? • t6
.. . '