20041167 Ver 2_Individual_20070130

jouthern ~nvironmenta~ ~jrouP, ~nc.
~nvironmenta~, Deve~oPment Fy Conservation Advisors
~ransmitta~
Date: January 26, 2007
To: Ian McMillan
Of: DWQ -Raleigh
PA-I
SEGI Project #: 04-022.02
Re: Submittal of Individual Permit Modification for Westbay Estates
(USAGE Action ID # 200300214) (DWQ Project #: 041167)
^ Urgent ~ For your review /records ^ Please comment ^ Please reply /call ^ Complete and return
Comment(s):
Ian,
Please find attached the project narrative, accompanying documentation, and $475.00 filing fee for a modification
to the Individual Permit issued for Westbay Estates. A copy of this information has been submitted to Noelle
Lutheran in the Wilmington District Office. As always, feel free to contact our office should you have questions or
concerns.
Si rel
Da a Lutheran
SF G
53 15 Souti~ ~o~~ege Road, Suite ~
Wi~min~ton, Nort~l Carolina 2841 2
www.scvi.us

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~rom the desk of:
Dana A. L,uthcran
910.452.2J11 (o{~ice)
910.452.2899 (fax)
J 10.2128.1 1841 (mobile)
a~[e-mail]
NOTICE
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
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,~ou~~err~ ~nvironme~~a~ ~rou , ~ rec.
53 i 5 South Co~~e~e Road, `juite ~ • Wi~min~ton, North Caro~ina 2841 2
9 i 0.452.27 i i • ~ax: g i 0.452.2899 • o{~ice@se~i.us
www.se~i.us
January 25, 2007 p ~' ~ (~~~j~
Hand Delivery t~ ~1 D
,~~N ~~ ~ Z~1~7
Ms. Jennifer Frye O~W~ . ~,~~~~ aua~iY~Y
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
[SEGi Project #: 04-022.02]
RE: Westbay Estates Permit Modification (revised 1/24/07)
USACE Action ID #: 200300214
DWQ Project #: 041167
Dear Ms. Frye:
This letter is in reference to the Westbay Estates Subdivision (USACE Action ID # 200300214),
located along the west side of Market Street (NC Highway 17), off Torchwood Boulevard, in
Wilmington, New Hanover County, North- Carolina. An Individual Permit was issued to Dallas
Harris Construction on 22 June 2005. The permit authorized the impact of 0.611 acres of
Section 404 wetlands and 2.79 acres of Waters of the United States (adjacent and hydrologically
connected to Smith Creek, a tributary to the Cape Fear River) associated with the construction of
Phases V, VI, and VII of the Westbay Estates residential subdivision. This area was historically
a palustrine, shrub-scrub and broad-leaved evergreen pocosin. The area was ditched and drained
as part of past forestry utilization. Tulloch ditches bisect the property in numerous locations.
Prior to the completion of construction, the property was sold to Savana Land Company, LLC,
who is in partnership with Torchwood Development Company, Inc. (collectively referred to as
"Applicants"). Because the plans for the property have been modified from the original layout
proposed by Dallas Hams, the Applicants are requesting a permit modification. The Department
of Transportation (DOT) plans to extend Military Cutoff Road from Market Street to the new
Wilmington Bypass. Construction began in October 2004, and completion is anticipated for
May 2007. The DOT is in the process of widening and paving the road, as well as commencing
work on drainage, culverts and signals. Unfortunately, the proposed Military Cutoff Road
Extension is planned to go directly through Westbay Subdivision.
Currently, 5.68 acres of jurisdictional wetlands exist on-site. Mitigation was offered through a
combination of wetland preservation and creation, however, the old mitigation offer should have
read restoration and not creation. The Applicants, Savana Land Company and Torchwood
Development, proposed to impact 0.25 acre of 404 jurisdiction wetlands and 20,410 LF of waters
of the US, while placing the remaining 5.43 acres of undisturbed wetlands into preservation, as

SEGO
well as restore and preserve 6.94 acres of 404 wetlands and create 50,613 LF (1.16 acres) of
grassed swales. In total, 12.37 acres of 404 jurisdictional wetlands will be preserved.
The project has been split into two sections, with Tract A being referred to as "Park Ridge
Manor," and Tracts B, C and D referred to as "Westbay." Tract B will follow the original Dallas
Harris permit plan, as this area was not affected by the Military Cutoff Extension project. The
property has been divided into tracts rather than phases. The following table displays how the
Tracts relate to the Phases previously used in the original permit:
Original IP IP Modification
Phase VII Tract B
Phase VI Tract A
Phase VI Tracts C & D
Table 1. Relation between Phases and Tracts
Tract A /Park Ridge Manor:
Tract A /Park Ridge Manor has a total of 2.09 acre on-site wetlands. Initially, this portion of the
project was permitted to impact 0.15 acre of wetlands. The revised request now asks for 0.13
acre of fill, associated with a road crossing and minor lot fill. This road crossing is vital to the
proposed subdivision, as it will allow future residents access to lots. The revised request calls for
a reduction in wetland impacts, by 0.01 acre. As mitigation, the Applicants are proposing to
create 2.77 acres of wetlands. They are also proposing to place all remaining on-site wetlands
(existing and restored -approximately 4.86 acres) into strict preservation, as described in the
restrictive covenants (see attached). The Applicants are proposing to fi110.12 acre (5,065 LF) of
ditches, and as mitigation, create 0.30 acre (5,480 LF) of new ditches. All other ditches found on
Tract A /Park Ridge Manor are to remain in their current state. Finally, the Applicants are
proposing to excavate three ponds on-site, all to be in areas comprised entirely of uplands. One
pond, found on the south-western portion of the tract, will serve as the new stormwater detention
pond. The other two ponds will serve as amenity ponds.
Tract B /Westbay
Tract B is to follow the Dallas Harris permit plan, issued 22 June 2005. The tract is not to be
affected by the proposed Military Cutoff Extension, therefore revisions to the plan are not
required. It is the understanding of the engineer and SEGi, all authorized impacts on this tract
have been completed.
Tract C & D /Westbay
Just like Tract A/Park Ridge Manor referenced above, this portion of Westbay Estates will have
to be modified to allow for the inclusion of the Military Cutoff Extension. The original wetland

r
SEGO
fill request, granted by the Corps, for this portion of the project was 0.46 acres, associated with
road crossings and minor lot fill.
Existing on-site wetlands for Tracts C & D /Westbay total 3.59 acres. The revised request for
this portion of the project has been reduced significantly, from 0.46 acre to 0.11 acre. Three
areas of impact are denoted on the map, and are associated. with a single road crossing and minor
lot fill. As mitigation, the Applicants are proposing to create 4.17 acres of wetlands on Tracts C
& D /Westbay, and place all remaining on-site wetlands (existing and restored -approximately
7.76 acres) into preservation, as described in the restrictive covenants (see attached). The
Applicants are requesting to fi110.35 acre (15,345 LF) of ditches, and as mitigation, excavate
0.27 acre (11,916 LF) of new ditches. There is an existing pond on-site, used for stormwater
purposes. Another pond is proposed in an area made up of entirely uplands, and will also be
used for stormwater purposes.
Below you will find a break down (in acres) of the activities to take place within the project site:
Proposed wetland impacts:
Tract A (Park Ridge Manor)
Tract B
Tract C/D (Westbay)
Proposed Waters impacts:
Tract A (Park Ridge Manor)
Tract B
Tract C/D (Westbay)
0.14
0.0
0.11
0.12 (5,065 LF)
0.21 (Per original IP issued 6/22/05)
0.35 (15,345 LF)
Proposed On-site Wetland Restoration:
Tract A (Park Ridge Manor) 2.77
Tract B 0.0
Tract C/D (Westbay) 4.17
Proposed On-site Preservation (remaining wetlands only):
Tract A (Park Ridge Manor) 4.72
Tract B 0.0
Tract C/D (Westbay) 7.65
Total Preservation (remaining (R) and restored (re)):
Tract A (Park Ridge Manor) 4.72 (R=1.95 + re=2.77)
Tract B 0.0
Tract C/D (Westbay) 7.65 (R=3.48 + re=4.17)
Total 12.37
Proposed "Waters" Mitigation:
Tract A (Park Ridge Manor) 0.13 (5,480 LF)
Tract B 0.0
Tract C/D (Westbay) 0.27 (11,916 LF)

SF G~
At this time, SEGi is requesting your review and processing of the request for a modification of
the IP for Westbay Estates Subdivision. If you have any questions or concerns, please do not
hesitate to contact our office at 910.452.2711. Thank you for your time and assistance with this
project.
Sincerely,
Dana Lutheran
Project Manager
cc: Noelle Lutheran, DWQ, Wilmington Regional Office
Ian McMillan
Steve Rynas, CAMA Consistency Officer
Enclosures: Revised Individual Permit Application
Revised Westbay Estates Site Plan
Revised Park Ridge Manor & West Side Village at Westbay Site Plan
Revised Mitigation Plan
Revised Preservation Language & Accompanying Exhibit Maps

- _ ---
Application for Department of the army Permit ~ Ex1iBres December 31200410-0003
(33 CFR 325 p
-- - _ _ -- -
The Public burden for this collection of information is estimated [o average 10 hours per response, although the malonty of apphcations should regwre 5 hours or less. This includes the
it fime for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters
j Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and the Office of Management and Budget, Paperwork
Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to
comply with a collection of information if it does no[ display a current valid OMB control number. Please DO NOT RETURN your forms to either of those addresses. Completed
applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Secfion 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries Act, 33 USC 1413, Section 103.
Principal Purpose: Information provided on this form will be used in evaluating the application far a permit. Routine Uses: This information may be shared with the Department of Justice
and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be
evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and
instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not complete in full will be returned.
--
(ITEMS 1 THRU 4 SHOULD BE FILLED BY THE CORPS)
4. DATE APPLICATION COMPLETED
1. APPLICATION NO. ~ 2. FIELD OFFICE CODE 3. DAT3. DAT R ED r
-- _. -___
-- -- _. t __ __.._
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME
Torchwood Development Company, Inc..•-~ ~r~rClt,~ ~i~
6. APPLICANTS ADDRESS
7036 Wrightsville Ave, Suite 101
Wilmington, NC 28403
7. APPLICANT'S PHONE NOS. W/AREA CODE
a. Residence N/A
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
~~outhern Environmental Group, Inc.
9. AGENT'S ADDRESS
5315 South College Road, Suite E
Wilmington , NC 28412
10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence N/A
b. Business 910.256.5772 ~ Business 910.452.2711
11. Statement of Authorization
I hereby authorize, Southern Environmental Group, Inc. -Dana Lutheran to act in my behalf as my agent in the processing of this application and to furnish, upon
request, supplemental information in support of this permit application. II
See Attached Letter of Agency
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
-- - - .
12. PROJECT NAME OR TITLE (if apphcable)
Westbay Estates
-_- __
SEGi Project #: 04-022.02
13. NAME OF WATERBODY, IF MOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
N/A N/A
15. LOCATION OF PROJECT
New Hanover NC
i
COUNTY STATE
li 6. OTHER LOCATION DESCRIPTION, IF KNOWN (see instructions)
Remainder of Westbay Estates Subdivision
17. DIRECTIONS To THE SITE: Westbay Estates is located west of NC 17 in Ogden, NC. The site is accessed by going north on NC 17 to Torchwood
Boulevard and making a right into the subdivision.
1
ENG FORM 4345, JUL 97 -
EDITION OF FEB 94 IS
OBSOLETE - _ ----- __-- -_ _- - ___
Proponent: CECW-OR
___ - _ 1 - - - _ --

~18. Nature of the Activity: (Description of Project, include all features)
Requested impacts are necessary for road crossings and minor lot fill.
19. Project Purpose: (Describe the reason or purpose of the project, see instructions)
Residential development.
__---
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 1'
20. Reason(s) for Discharge
Only practicable alternative to complete the development of the subdivision. ~
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Clean earthen fill. (approximately 62,600 cu. ft.) (Tract A - 22,327 cu. ft.) (Tract C/D - 40,273 cu. ft.)
j 22. Surface Area in Acres of Wetlands or Other Waters Filled: (see instructions) i
0.67 acres (Tract A - 0.26 ac.) (Tract C/D - 0.46 ac.)
23. Is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners ,Leases, Etc., Whose Property Adjoins the Water body (if more than can be entered here, please attach
a supplemental list
N/A Sites are within the undeveloped portions of the subdivision.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in this Application.
This is a modification to an existing IP. The Corp issued the IP (under Action Id No. 20020214) 22 June 2005. The DWQ
401 Water Quality Certification (#041167) was issued 28 March 2005. The DCM concurred that the project meets the
'~ Federal Consistency of the States enforceable policies of the coastal management program.
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete an accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
l la S,
Signature of Applicant Date Signature of Agent Date
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent ''
if the statement in block 11 has 511ed out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme , or disguises a material factor make any false fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned no more than Tve years or both.

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OWNER: tORGHW000 ~7EVELOPMEN7 COMPANY, INC
ADDRESS: 57?Q >CLEANPR DRIVE, SUITE 210
wiLMINGroN, NC 2aaos
PHONE NUMBER: (9?0) 256-5772
i
SURVEYOR: TALBOT LAND SURVEYING
~`~_~. ADDRESS 16747 u.s Hwy I~, s~ITF Boa
/ `~ HA~dP~TEAD P~IC 2B44J
{ ~ I ri' kJE NIIhIBc~,: 910~~°624
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poperty of ESF Asexbtea. F.A. Tht rapraductic•~,
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nRhovt lhtir wiltn consent Is pra5lM1is-0 and on'
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ESF AuxVntes, F.A.

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wwwse~i.us
Westbay Estates Mitigation Plan
Requested By:
Torchwood Development, Inc.
7036 Wrightsville Ave.
Suite 101
Wilmington, NC 28403
Prepared By:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
March 7, 2005
Revised November 2006
Revised January 2007
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~ENR - WATER gUAIITY'
~'E11AND3AND SrOR.MV'i~4r~R BRANCH

Introduction
Dallas Harris Real Estate Construction Company, Inc. (Dallas Harris) has undertaken
development activities within Westbay Estates Subdivision, tract located west of Market
Street, Odgen, New Hanover County, North Carolina. A permit to authorized the impact
of 0.611 acres of Section 404 wetlands and 2.79 acres of Waters of the United States
(adjacent and hydrologically connected to Smith Creek, a tributary to the Cape Fear
River) associated with the construction of Phases V, VI, and VII of the Westbay Estates
residential subdivision was issued to Dallas Harris Construction on June 22, 2005. Prior
to the completion of the construction, the property was sold to Savana Land Company,
LLC who is in partnership with Torchwood Development Company, Inc. Since the
transfer of the property, the NC DOT has begun to construct the extension of Military
Cutoff Rd., which is designed to run right through the Westbay Subdivision. Based on
this development, a modification to the existing Individual Permit is necessary.
The Applicants have retained Southern Environmental Group, Inc. to prepare a suitable
mitigation plan to off-set all unavoidable wetland impacts associated with the revised
plan.
Impacted Sites
At the present time 5.68 acres of jurisdictional wetlands exist within Westbay Estates and
Park Ridge Manner. Ditches within the tract do exist, and ditch bottoms have been
classified as Waters of the United States by the US Army Corps of Engineers (ACOE).
Completion of the proposed subdivision requires that a 0.25 acres of 404 wetlands will be
impacted, in addition 20,4101inear feet (0.47 ac.) of Waters of the US will be filled (see
Attachments 2 & 3 for impact areas).
The areas of proposed impacts was once a palustrine, shrub-shrub, broad-leaved
evergreen, pocosin habitat. Historically (pre-project) the site was utilized for forestry
practices. At the present time the sites have been continually mowed.
Soil types present in Westbay Estates include Murville fine sand (Typic Haplaquods) and
Leon sand (Aeric Haplaquods). Both soil types can be characterized as being poorly to
very poorly drained and are predominately sand. These soils are nearly level and are
found on flats and within depressions (Figure 2.).
Vegetation present in Westbay Estates pre-project included: Aristida spp. (Wire grass),
Pteridium aquilinum (bracken fern), Ilex coriacea (tall gallberry), Myrica cerifera (wax
myrtle), Osmundia cinnamomea (cinnamon fern), and Pinus taeda (loblolly pine).
Presently, vegetation at Westbay Estates is limited to Pinus taeda (loblolly pine) and
limited under story vegetation due to development activities and mowing.
Mitigation
As identified in the memorandum of agreement between the USACE and US EPA (15
November 1989), acquisition and preservation of existing wetlands is favored for corridor
protection and as a means to hedge against future destruction or unfavorable habitat
impacts. Preservation also insures that wetlands endemic to the region will remain and

continue to provide the functions and values associated with them. The mitigation
proposed below includes two mechanisms; restoration and preservation. The creation of
swales would be to compensate for the fill of waters.
Restoration
(6.94 acres)
The first method of proposed mitigation includes the restoration of 6.94 acres of
previously impacted wetlands, that were ditched and drained, back to their natural,
healthy state (Attachments 2 & 3).
The first step in restoring this area involves returning wetland hydrology to the area. The
Applicants plan to reintroduce water to the area (see attached map). This will be
accomplished by constructing grass swales to direct treated storm water into the site.
Storm water from the lots and streets adjacent to the area will be directed through velocity
reduction devices and through grass swales along Noland Drive. In order to ensure
adjacent lots and homes are not flooded during periods of heavy rains, an emergency
outfall will be constructed.
The next step in the restoration process is to re-vegetate the land with native wetland
plant species that were historically located on site and compatible with the soil type and
water regime of the site. As previously mentioned, this area was historically a pocosin
type environment consisting of deciduous shrubs, evergreen pines and a few hardwood
tree species. Therefore, the following species are good candidates to plant: Pinus taeda.
Pinus serotina, Gordonia lasianthus, Persea borbonia, Cyrilla racemiflora, Quercus
nigra, Salix nigra, Cyrilla racemiflora, Nyssa biflora, and Fraxinus pennsylvanica. A
minimum of 680 trees per acre will be planted, with no one species more than 20 percent
of the total.
Preservation
( 12.37 acres)
The second area of proposed mitigation consists of preserving 11 sites, totaling 5.43
acres, located within the Westbay Estates subdivision. These are jurisdictional wetlands
within the project which will remain post project. In addition, the 6.94 acres of restored
wetlands will also be preserved. In total, 12.37 acres of wetlands will be placed into
preservation (Attachment 5).
Ultimately, the intent of this enhancement package is to subject the described mitigation
parcels to a conservation easement (see Attachment 5). Recent urban impacts, within and
adjacent to the conservation sites, increase the need for preserving wetland functions in a
natural state. In addition, continued availability of Nationwide or Genera1404 Permits to
surrounding property owners increase the possibility of further degradation of the
wetland and its associated functions. Preservation of this land will provide significant
vital resource protection in the lower reaches of the Cape Fear River watershed.
In order to insure perpetual protection of the mitigation sites, The Applicants are
proposing a permanent conservation easement be placed on the properties. The

easements will be designed to ensure perpetual preservation of the property and will be
held by the respective homeowners association.
Creation
17,396 LF (0.40 acres)
The creation of 17,396 LF (0.40 acres) of vegetated swales within Westbay Estate will
be utilized for compensation for the loss of waters of the U.S. (Attachments 2 & 3).
Habitat Values
Due to the high quality of both these habitats they provide a number of functions
pertinent to wildlife including many species which migrate through the area seasonally or
are in a life history stage. These wetlands provide a fringe habitat in an area where
development will likely occupy the majority of the surrounding land. The system also
functions to buffer water high in pollutants from runoff associated with the adjacent
developed areas.
Mammalian species include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes
(red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (racoon), Didelphis
Virginian (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents such as the
field mouse.
Bird species include: various species of predatory hawks and owls, as well as smaller bird
species such as Turdusmigratorius (american robin), Cyanocitta cristata (blue jay),
Mimus polyglottos (mocking bird), Cantopus virens (eastern wood pewee), Parus
carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus
bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It
should be noted that this habitat provides excellent migratory and resident song bird
habitat and nesting areas.
Herpetological species found in the region include: Agkistrodon piscivorus (eastern
cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Nerodia
erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough green
snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species in the
region include: Terrapene carolina carolina (eastern box), Clemmys guttata (spotted
turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrum
(eastern mud turtle). Many toad species form both the Scaphiopus (spadefoot) and Bufo
(true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true frogs)
families. Various species of salamanders from the Ambystoma (mole salamanders),
Notophthalmus (newts), and Plethodon (wood salamanders) families. Anolis carolinensis
(green anole) is also found in the region.
Monitoring and Success Criteria
To ensure the successful restoration of this site, long term monitoring will be required.
The key in attaining the desired wetland restoration is to assure every measure will be
taken to provide the conditions necessary for wetland hydrology to develop in order to
establish the desired vegetation. Vegetative counts, soil characteristics, and hydrologic

regimes will be monitored for a five year period. Annual site visits will be conducted and
findings will be reported thereafter.
The success criteria of this mitigation site will be based on the 1987 Army Corps of
Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets
the three wetland parameters outlined in the manual and as further described in this
section. The site can be deemed successful by meeting the success criteria for two (2)
consecutive years.
Vegetation
Vegetative data will be gathered including survival data of the planted specimens and the
presence of nuisance species. Species diversity and composition will be noted. For
success criteria to be met, we would expect a survival rate of 320 planted trees per acre
after 2 years, and 260 trees per acre after 5 years. No one species should account for
more than 20% of the composition. Any areas that do not meet these requirements will be
spot-planted.
Hydrology
Hydrologic monitoring within the site will consist of determining the water level at
various locations across the site to verify the presence of wetland hydrology during the
growing season. Monitoring wells will be installed to a depth of 20 inches and will be
sealed with sand and bentonite. These wells will take a daily reading of the water table
depth and this data will be processed into graphs and plotted against National Weather
Service rainfall data for the area. Success criteria of the hydrologic parameter requires the
site to exhibit one or more of the primary indicators; or two or more of the secondary
indicators of hydrology as outlined in the 1987 Army Corps of Engineers Wetlands
Manual for twelve percent of the growing season under normal conditions (e.g. normal
rainfall, normal temperatures, etc..).
Soils
Hydric soils are present and their hydric conditions will be enhanced as a result of
restoring the site's hydrology. This will be accomplished by allowing runoff from
portions of the subdivision to enter the mitigation area. Monitoring wells placed within
the mitigation area will be utilized to ensure that normal wetland hydrology is present.
Biological Monitoring
In addition to the monitoring of vegetation, hydrology and soils, biological monitoring of
the reforestation site will also be conducted. This monitoring will occur during the
regular vegetative field studies. Monitoring will include the collection and identification
of various invertebrates withing the restoration area. No success criteria has been
established for this portion of the monitoring however data collected will be reported for
information purposes. This data will serve as valuable information on the response of
invertebrates within restored wetlands.

-±ay-24-2D05 Dd:37p~ Froe~-MURCHISOH TAYLOR ATTY [phone] T-816 P.002l002 F-492.

_. Conservation Restrietions_ Conservation areas shown on any recorded plat of the
Properties (including, witharit limitation, the map entitled " "recorded in Plat Book
,Page in the New Hanover County Public Registry) (each, a "Conservation Area's
sha11 be.subject to the rules and regulations of the US Army Corps of Engineers concerning the
ir~.aintenance of conservation areas in theiz natural or mitigated condition (as these rules are
amended from time to time) and the restrictions provided in this Section
(a) Without limiting the foregoing, Declarant hereby reserves the right to impose
additional restrictions upon the properties as and to the extent required by the terms of applicable
permits for the Properties issued by the United States of America, U.S. Army Corps of
Engineers, Wihningtoa District, Action ID .Such additional restrictions maybe imposed
by Declarant by the recording of a Supplemental Declaration, an,d no joinder or consent of the
Association or any other Owner or Person shall be required on such Supplemental Declaration.
(b) Each Conservation Azea shall be maintained in perpetuity in its natural or
mitigated condition. Neither the Declarant, th,e Association nor any Owner or other Person
subject to this Declaration shall perform any of the 8ollowing activities upon or within arty such
Conservation Area:
(1) fill, grade, excavate or perform nay other lead 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 oz temporary structures;
(4) drain or otherwise disrupt or alter the hydrology or drainage ways of the
Conservation Area; n
(5) dump or store sail, trash, ar other waste; or '~
(6~ graze or water animals, or use the Conservation Area for any agricultural or
horticultural purpose.
(c) The provisions of this Section are untended to ensure continued compliance
with the nutigation condition of a CIeaxi Water Act suthoriaation issued by the United States of
America, U.S. Arnay Corps of Engineers, Wilmington District, Action ID ,and thorcfare
maybe enfozced by the United States ofA.merica.
(d) 'The covenants in this Section are to run with title to the Properties subject tQ
this Declaration, anal shall be binding an the Declarant, the Association, and all Owners,
(e) The covenants in this Section may not be altered or rescinded without the
express written consent of the U.S, Army Corps of Engineers, Wilmington District.
59612

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