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HomeMy WebLinkAbout20050908 Ver 1_COMPLETE FILE_20060424r I*- t";J o stem E'n iigt e PROGRAM RECEIPT August 21, 2006 Town & Country Developers at Wilmington 3737 Glenwood Avenue, Suite 280 Raleigh, NC 27612 Project: County: DWQ #: USACE Action ID: EEP No. Amount Paid: Check Number: Cambridge Crossing Brunswick 05-0908 200500875 ILF-2006-4487 $ 6,561.50 20065 a AUG 2 4 2006 DENR - WATER QUALITY WETLANDS AND sTDRMwATER BRANCH The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin Wetland Credits Stream Credits Buffer I Buffer II CU (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Cape Fear 03030005 0 0.49 0 0 0 0 0 0 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. Sincerely, William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Tom Farrell, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, DCM-Morehead City Dana Lutheran, SEGI (fax) File IT WA -ATA Katoru-' ... P ... Prot?!c;tz?Our Stag t? AMM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net ?.- aa? D Ecosystem ??? q (1 2aQU PROGRAM n r? ; 90"A"50 INVOICE July 11, 2006 DWQ#: 05-0908 COE#: 200500875 Ms. Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 Project: Cambridge Crossing County: Brunswick cPr n You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A NCAC 21-1.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson at 919-715-2228. Riparian Wetlands 0 acres x $ 26,246.00 = $ Non-Riparian Wetlands 0.5 acres x $ 13,123.00 = $ 6,561.50 Saltwater Wetland 0 acres x $131,230.00 = $ 'Stream 0 linear feet x $ 219.00 = $ Buffer - Zone 1 0 square feet x $ .96 = $ Buffer - Zone 2 0 square feet x $ .96 = $ Total amount of payment $ 6,561.50 Please mail a copy of this invoi ce with a check made payable to: NC DENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Please call 919-715-2228 for an overnight mailing address or for an appointment to hand deliver the payment. Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Jennifer Frye, USACE - Wilmington Noelle Lutheran, DWQ Regional Office - Wilmington File RP.sto?r; ... f ... Perot" our Stag RC-d PIR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net a Y Ecos stem PROGRAM INVOICE July 11, 2006 DWQ#: 05-0908 COE#: 200500875 Ms. Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 Project: Cambridge Crossing County: Brunswick You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson at 919-715-2228. Riparian Wetlands 0 acres x $ 26,246.00 = $ Non-Riparian Wetlands 0.5 acres x $ 13,123.00 = $ 6,561.50 Saltwater Wetland 0 acres x $131,230.00 = $ Stream 0 linear feet x $ 219.00 = $ Buffer - Zone 1 0 square feet x $ .96 = $ Buffer - Zone 2 0 square feet x $ .96 = $ Total amount of payment $ 6,561.50 Please mail a copy of this invoice with a check made payable to: NC DENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Please call 919-715-2228 for an overnight mailing address or for an appointment to hand deliver the payment. Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Jennifer Frye, USACE - Wilmington Noelle Lutheran, DWQ Regional Office - Wilmington File Rat-origg... 'E--K1Wtdi'fg... Prot", 0"rfta-te, ARA MEW North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net f. ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM To: Cyndi Karoly NC DENR/DWQ From: Steven H. Everhart, PhD Southeastern Permit Coordinator Habitat Conservation Program Date: May 5, 2006 RE: Coldwell Banker Chicora Development - Lee Tracts, Brunswick Co. 401/404 Application DWQ # 20060674 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject application for impacts to wildlife and fishery resources. A site visit was conducted on May 4, 2006. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and 404 of the Clean Water Act (as amended). The project is in the southwest quadrant of the intersection of US 17 and Green Bay Rd., near Grissettown, in Brunswick County. The property consists of approximately 137.92 acres including approximately 51.29 acres of wetlands. The Shallotte River borders the property to the south. Waters in this area are classified C- Swamp - High Quality Waters by the Division of Water Quality (NCDWQ). Other on-site wetlands include swamp forest and managed pine forest. The applicants propose to impact approximately 0.44 (sum in paragraph V. 2. actually is 0.49) acre of wetlands through filling/culverting to construct roads and provide infrastructure for a 195-lot subdivision. The applicant proposes to mitigate for wetland impacts by buy-in to the NC EEP program for 0.50 acre of non-riparian wetland and the preservation of all remaining wetlands (50.85 acres) on-site. We have the following concerns/recommendations: We recommend a 100 ft native forested buffer is maintained or created adjacent to the Shallotte River. Further, stream/wetland crossing by bridging is recommended where practicable. Where culverts must be used, we recommend "bottomless" culverts or culverts imbedded sufficiently to allow for passage and settlement of aquatic organisms. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 CB Chicora Development- Lee Tracts May 5, 2006 We recommend that all remaining and restored wetlands on-site be preserved through permanent conservation easement, rather than restrictive covenants, to prevent further impacts. This easement should prohibit any cutting, mowing, or disturbance of vegetation; soil disturbance; or construction of any kind (including walkways, piers, platforms, etc.) within the wetlands. We have no objection to the project provided our recommendations are included as permit conditions. Thank you for the opportunity to review and comment on this application. If you have any questions or require additional information regarding these comments, please call me at (910) 796-7436. CC: Noelle Lutheran, NCDWQ Tom Farrell, USACE r W AT F9P ?O G > -? o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 25, 2006 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 050908 Brunswick County Mr. Mike Alvis, Vice President Town & Country Developers at Wilmington, Inc. 3600 South College Road, Suite E Wilmington, NC 28412 Subject Property: Cambridge Crossing Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Alvis: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.49 acres of wetlands for the purpose of constructing a residential subdivision at the subject property, as described within your revised application dated April 7, 2006 and received by the N.C. Division of Water Quality (DWQ) on April 21, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3402 (WQC3402). The Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached cert ification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Stream N/A (feet) 404 Wetlands 0.49 (acres) Site A, B, C, & D Waters N/A acres Buffers N/A (square ft.) North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1 -877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: www.ncwaterquality.org XT One hC 1 ort aro/tna An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Natuml 1/ Town & Country Developers at Wilmington, Inc. Page 2 of 3 April 26, 2006 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Zlana?ement Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design :'Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface .Yining .Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401AVetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Declaration of Conservation Covenants, Conditions, and Restrictions Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. I Town & Country Developers at Wilmington, Inc. Page 3 of 3 April 26, 2006 7. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. Full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h?o.enr.state.tic.us/su/Forms Documents.htm Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerel , z Alan W. Klimek, P.E. ?I AWKInml Enclosures: WQC 3402 Certificate of Completion cc: Dana Lutheran, Southern Environmental Inc. Thomas Farrell, USACE Wilmington Regulatory Field Office?;!';Y Ian McMillan, DWQ 401 Oversight Unit, Raleigh Lu .4 Dan Sams, DLR Wilmington Regional Office Noelle Lutheran, DWQ Wilmington Regional Office (File Copy) - } Central Files l" Filename: 050908.aprO6 M WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES). 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. J WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity { that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-1-1 or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 213 .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 213.0200. Activities listed as "exempt"from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 213 .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 26 .0213 (WS-11), 26 .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQG #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 213 .0104(m) and 2H .1000 to.1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a I WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project.. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, ail lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. 3 WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 Certification of Completion DWQ Project No.: :applicant: Project Name: Date of Issuance of Isolated Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to.DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape :architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, week]-, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. i Signature: Registration No. Date 401 Projects Subject: 401 Projects From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Thu, 27 Apr 2006 11:36:24 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net> The following projects were issued a 401 permit: DWQ#: 2005 0908, Cambridge Crossing, Brunswick County DWQ#: 2005 0872, Woodlake at Lords Creek, New Hanover County The following project was put on HOLD: 2006 0526, Ralph Dean Bonito Lane, 1210, 1212, 1214, New Hanover County Thanks, Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 1 of 1 4/27/2006 11:50 AM Triage Check List Date: 4/27/06 Project Name: Cambridge Crossing (formerly Harbor Lake) DWQ#: 05-0908, Ver. 2 County: Brunswick To: Noelle Lutheran, Wilmington Regional Office 60-Day processing time: 4/24/06 to 6/22/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! IMIN1FNT RECEIVED Office Use Only: Form Version May 2002 USACE Action ID No. DWQ,.lyo...? O - O$ (If any particular item is not applicable to-this' ro?ect, p??a e'nter"'Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit -Riparian or Watershed Buffer Rules Section 10 Permit -Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: _ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: _ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: X II. Applicant Information 1. Owner/Applicant Information 1? P, ( \:? Town and Country Developers c/o Mike Alvis 3600 South College Road, Suite E Wilmington, NC 28412 arrNn ??"?,xc?R cN Telephone Number: 910.443.3385 Fax Number: N/A WVSASS E-mail Address: N/A 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Dana Lutheran Company affiliation: Southern Environmental Group, Inc. Mailing Address: 5315 South College Road, Suite E Wilmington, NC 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: dlutheran(a)segi.us III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cambridge Crossing (Formerly referred to as Harbor Lake/Fish Factorv Road) 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (PARCEL NO.): 2360001801 4. Location County: Brunswick County Nearest Town: Oak Island Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take 211 toward Southport. Rieht on 133 towards Oak Island. Take left onto State Road 1101 (also known as Fish Factory Road) After the bend on 1101 the site will be on the right. First large wooded lot on the right. 5. Site coordinates, if available (UTM or Lat/Long): N33° 56.102' W78° 3.845' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct water body.) 6. Property size (acres): 21.7 acre 7. Nearest body of water (stream/river/sound/ocean/lake): Frazier Creek 8. River Basin: (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Cape Fear 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing condition of the site is wooded. The general land use in the vicinity of the project is residential. 10. Describe the overall project in detail, including the type of equipment to be used: Using heavy machinery, a subdivision of 22 multi family structures are to be constructed. In addition, 1 road will be built through the subdivision for access to all homes. 0.49 acre of wetland will be filled for the purpose of the right of way, water lines, drive way and dwelling construction. 11. Explain the purpose of the proposed work: The filling of the wetland area is necessary for the construction of the planned road and housing in the subdivision. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No prior project history is known. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permits are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be, shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Placement of fill material within 0.49 acre of wetland to allow construction of dwellings, a right of way, parking areas and an utility easement for a water main within the subdivision. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** A Fill 0.25 No Adjacent Mixed Hardwood B Fill 0.02 No 50 LF Wet Flat C Fill 0.09 No 560 LF Wet Flat D Fill 0.13 No 560 LF Wet Flat * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 2.54 acres Total area of wetland impact proposed: 0.49 acre 3. Individually list all intermittent and perennial stream impacts below: Stream impacts have been avoided by utilizing a bottomless culvert. Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) I * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.manauest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): X uplands stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater infiltration system Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts associated with Area! A necessary to construct an access road. The construction of this road will allow residents of Cambridge Crossing access to Glen Cove at South Harbor Village. The developer has supplied funds to the Home Owners Association of Glen Cove for the residents of Cambridge Crossing to utilize the amenities at Glen Cove. This road is not for faster access to the main road. In order to avoid impact to Frazier's Creek, the developer has incorporated the use of a bottomless culvert. Impacts associated with Areas B, C, and D are necessary to construct dwellings and parking areas. VIII. Mitigation DWQ In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strrnp,ide.html. I. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The developer has agreed to preservation of 2.06 acre of existing 404 wetlands, 2.016 of upland buffer, and 2:1 payment to the NC EEP (see "Wetland Conservation Map for Cambridge Crossing" attached). SEGi has requested acceptance from the NC EEP and will forward the award letter once it is received. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A I. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes X No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes No IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? N/A Yes X No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0260. N/A X. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Total Site Area: 943,254 SF Total Pavement Area: 211,900 SF Total Building Area: 211,200 SF Total Impervious Area 423,100 SF Percentage of Impervious Surface Area: 45% NC DWQ Stormwater permit has been issued, SW8 050910. Sediment and Erosion Control permit issued October 6, 2005. XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Municipal sewer and water will be utilized. II. Violations (required by DWQ) i Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes X No Is this an after-the-fact permit application? Yes X No XII. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) APR 2 4 2006 DENk - YVA1 11 QUALITY WET ANDS AN STCH°hA'rNATER BRANCH 1 / O? / PROPOSED ALUMINUM BOX / CULVERT (BOTTOMLESS) / ltr PROPOSED BULKHEAD Li WITH WING WALLS o-4 ,q PROPOSED AREA TO BE' FILLED - O- i 0 \Y" ?` 111 0-,;A?S Ae--a.- c? Tv%-\Fac - PLAN OF CROSSING SCALE: 1" = 50' 0 50 100 150 NORRIS, KUSKE &TUNSTALL Applicant: ROAD CROSSING PLAN CONSULTING ENGINEERS, INC. 902 MARKET STREET AA Mike Alvis Town and Country Developers at Cambridge Crossing ^ ?L . 8401 PHON'EO(910)N34329653 Wilmington, Inc. Southport, North Carolina FAX (910) 343-9'04 officeOnklenq.com 3600 S. College Rd., Suite E, PMB 335 Wilmington, NC 28412 PROJECT NO. :05003 DATE: 3/30/06 av?sdoC ? ?/a ?O J QQ Q L?l Q W O J Z_ J ? LL O En U) (n O O O ate. a a rn w 1 Z O M 0 Z 5 t7i J 0 J Q O ? Q W LL 0 - W O N 0 Ld o J 0 O APR 2 4 20106 Z .nENR-WNI"iQU U"Y ' LANDSANO SI O wAmi GRANISN Q~ N ? W N W W J ? C9 aU O X F- Cl (n i r O s ° it a m °?° w U' SCALE: 1" . 30' 0 ' 30 60 90 NORM, KUSKE &TUNSTALL Applicant: CONSULTING ENGINEERS, INC. Mike Alvis A' 902 MARKET STREET Town and Country Developers at PHONNGT . NC. 284 1 Wilmington, Inc. FAX (910) 343-9604 3600 S. College Rd., Suite E, PMB 335 otficeOnktenq.com Wilmington, NC 28412 ROAD CROSSING PROFILE W4 Cambridge Crossing Southport, North Carolina PROJECT NO. : 05003 DATE: 3/30/06 2Qv1,5a[i. 3/(e/04a PROPOSED ALUMINUM BOX , CULVERT 24 PROPOSED GRADE EXISTING GRADE 3 1 11 PROPOSED 1111171111111111111111111111111 F BULKHEAD + PROPOSED ROADWAY APR 2/ 4 2006 DEIVf? nANDS"-'0STppMWAARB %Cy CROSS SECTION OF ROAD NORRIS; KUSKE &TUNSTALL Applicant: CONSULTING ENGINEERS, INC. Mike Alvis A 902 MARKET STREET Town and Country Developers at PHONEO(9 0)N343-:653 Wilmington, Inc. FAX (910) 343-9604 3600 S. College Rd., Suite E. PMB 335 officeOnktenq.com Wilmington, NC 28412 SCALE: 1" = 20' 6mmommommod 0 20 40 60 ROAD CROSSING SECTIONS W3 Cambridge Crossing Southport, North Carolina PROJECT NO. : 05003 DATE: 3/30/06 14 -faehmant T log @T\? I APR 2 ? X006 y,??,NC7? ? S?C+?'iA'JYnI cfl GPANGIi STATE OF NORTH CAROLINA CONSERVATION DECLARATION BRUNSWICK COUNTY This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and RESTRICTIONS (ADECLARATIONA) is made on this day of February, 2006, by TOWN & COUNTRY DEVELOPERS OF RALEIGH, INC. a North Carolina corporation (ADeclarant@). RECITALS & CONSERVATION PURPOSES A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being approximately f-09 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 issued by the Wilmington District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States authorized by that permit, and this Conservation Declaration may therefore be enforced by the United States of America. NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the Property shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run with the subject real property and be binding on all parties that have or shall have any right, title, or interest in said property. ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Declaration set forth above. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing; and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property. G. SignagLe. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. 1. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Declaration shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE II. ENFORCEMENT & REMEDIES A. This Declaration is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America. This covenant is to run with the land and shall be binding on all parties and all persons claiming under the Declarant. B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Declarant, Declarant's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Declaration. C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to bring any action against Declarant for any injury or change in the Conservation Property caused by third parties, resulting from causes beyond the Declarant's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the Property resulting from such causes. ARTICLE III. PUBLIC ACCESS A. This Conservation Declaration does not convey to the public the right to enter the Property for any purpose whatsoever. ARTICLE IV. DOCUMENTATION AND TITLE A. Conservation Property Condition. The Declarant represents and acknowledges that the Property is currently undeveloped land, with no improvements other than any existing utility lines, Declarations and rights of way. B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is seized of the Property in fee simple and has good right to make the herein Declaration; that there is legal access to the Property, that the Property is free and clear of any and all encumbrances, except Declarations of record. ARTICLE V. MISCELLANEOUS A. Conservation Purpose. (1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be held exclusively for conservation purposes. B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Declaration and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Declaration. If any provision is found to be invalid, the remainder of the provisions of this Conservation Declaration, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Recording. Declarant shall record this instrument and any amendment hereto in timely fashion in the official records of County, North Carolina, and may re- record it at any time as may be required to preserve its rights. D. Environmental Condition of Conservation Property. The Declarant warrants and represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Property or used in connection therewith, and that there is no environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in the Recitals. IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first above written. TOWN & COUNTRY DEVELOPERS OF WILMINGTON, INC. BY: TITLE: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, the undersigned, a Notary Public, do hereby certify that , an Officer of TOWN & COUNTRY DEVELOPERS OF WILMINGTON, INC. A North Carolina corporation personally appeared before me this day and acknowledged the due execution of the foregoing document, on behalf of the corporation and as an act of the corporation with authority of the corporation. WITNESS my hand and notaries seal, this the day of February, 2006. Notary Public My Commission Expires: Print name of notary y n-21 SOUTHPORT BRUNSWICK COUNTY NORTH CAROUNA 5RUN5WIQ COUNTY NORTH CAROLINA ?5v! , f-SUPPLY 4.Op i, VERNON DEREK DANfORD CERTIFY lI1AT THIS MT WAS DRAWN UNDER MY 5UPERVI5K7N iH13 MT IS Or A SURVCY Q AN OaSTNG fARO[L OF LAND. FROM AN ACTUAL SURVEY MADE UNDER MYSUPERV15ION MM DESCRIPTION .114. _A , PAGB 9HONM 1: THAT 0OUNDARIE5 NOT SURVEYED E ARE CLEARLY INDICATED AS DRAWN FROM INI'ORAIATION FOUND M 500F_, 422 VERNON DEREK DANFORD S SI THAT n- , WAST THE RATIO F FIRM ACCORDANCE S CALCULAT D 15 ?TKA A5 0: MC.21 N.C. PU NO. Lr1528 PREPARED IN WTH AMENDW. *TrN[55 MY OIOGINAL 51GNATUKE, UCISOURE NUMBER AND SEAL s_ THIS IORI DAYOF DECEMBER A.D., 2005. o ,? ? ? _5b •2D"N ?' NI I'q?2 ryor ?p i?? .?,?f10.583 . • O,STAL WATERWAY KRNONDEREK DANFORD OFYROB _+ g6k.85 r•r IN!RI?-M rp O 1 N.C. FLS NO. 44520 ?'?+FI`J CFA rueuc` Rooof ply ) 2 go- N84'21'IO%V F . r • ?- ?...I"?.? "Tr 1 r .r 3.Og'20'dA? (5 ?p 110 1 503°03' 68.97' r r• • r r wwo 78.65' _?t • w •? / -,s- BUFFER r 404 • N, LOCATION MAP - wmc UPLAND W1 NOT TO 5c41E ?• _ / AREA ?`0 `•?: ° 404 r N84.21 • I OW (o • ° r • W LEGEND J 125.74' . . ? (9 Q -IRON PIPE , . • ` ? - CENTERLINE N r `• r : p(j''? _f4041-404 BOUNDARY LINE IIV o ^ `y 47 TUbp 9OATR8. INC. • r 4041VETUND9 MASS K. 541 ?? L0? NOTES: • r • =MTING) x•04 QC+'6- , '?• ??? 1. N.C.G-5. MONUMENT NOT POUND WiTNIN 2000. i N (y To L. Z WERAND5 DEUNEATED BY: pYpP0ez ?,y ry MANGLER ENVIRDNMGNTAL. INC. P 3` ,F 3 THIS TRACT C BLIBIECT TO ALL UTILITY EA5CMLNT5, 1 /?,\ 7m MTRICNON5, OR COVENANTS OF RECORD. a 'o l to aclll v./ 4 AREA BY COORDINATE METHOD. ' 2 t P 5. ALL INSTANCES ARE GROUND NORRONTAL / G. TH15 TRACT LOCATED IN ZONES A 4 C AS PER FIRM PANEL 0970255 .0360 E DATED APRIL 2. 1991. • • r ? • • [g 404 CONTROL CORNER ?qc A • • • r / 99 `3S ry r ? / 07 STATE OF NOR01 CAROLINA BILL LA9TCR AND 7 y • • r COUNTY OF 5RUN5WICK WFE, LUCTIlE LASTER D6.1960 PG. 754 • • ? ? / / 1. REVIEW OFFICER OF 5RUN5W10R FCOUNTY. IXED M ' IF ` THAT THE MM DR MT TO RECID TH15 C[RTRICATION 15 AFFIXED MEETS ALL S TA 3P • • ` • ? / ,\ ALL STATUTORY R[OUIR[MEN75 FOR R[CORDING. ??, • ` ? r k, / DATE REVIEW OFFICER / F9F1 • • °• •?P / x, r • i?' > A/ O? ? r r • r ` 404 / ?b'V'? pp•\ 3r • ? • ? C[RTIFIGTE Q OWNERSHIP. DEDICATION AND JLNUSDICTION: ??e wL4• J/ • : ? ` / 1 60'4 HE:RE5Y CERTIFY THAT 1(1L'[) ARE TIE OWNERS OF THE PROPERTY SHOWN AND DESCUBEO HEREON AND THAT 1(W2) HEREBY ADOPT THIS PUN CON5MATON WITH MY W'S I • `7 (OUR) FREE CONSENT. ?T py. Q r v ti OY: \ @ H4/• ? a? R) ? 1.16 DATE .. .... .OwN15Tryl .... \\\ /w?sF 404 ?G. \ s CONTROL CORNER sg `?\\\\ TTF \ ?hiy tiG \ 7,90 421 I NORTH CAROLI BRUNSWICK n r4FSrRmATONONTne_DAroP zoos, NA N78°0253 AT _AAVTM AND DULY RECORDED IN MAP BOOR _AT PAGE SURVEY REFERENCE .? O \ DANNYO DEED BOOK 21 1 I PAGE 570 \ C'hf\? \ FRI N K HERRING PAtt BKOCK, INC. ROBERT ROSIN50N MAP BOOK 21 FAGE 422 \ OF PROPERTY 5UBDIV15ION 2 IRl.20IS PG. 037 1uG15TEROr DEEDS DEED BOOK 1324 PAGE 599 \ly \ MB.2.5 PG. 178 OY: \}f \ rKOPERTY SSUBOW 510N 2 \ 0MAZIER5 Nem EXHIBIT "A11 SETEET 1 OP MpYR'IGMUN'.YMCA fAM'M•WixSNf{T?ACf:X6n fuRMipWDMLVYSUC4f (:pV[ p.y.- *? CONSERVATION MAP FOR CAMBRIDGE CROSSING REV15ED ,.,RC) 2006 o DANFORDD 22/11NRMIFTlVIL1EAVEWIE TOWN AND COUNTRY DEVELOPERS, INC. DECD BETE 100, 20050 5 1.655 200 WILMIN & BRISTO¦ ¦ f4MN1l0/616T:lcX.G 2640! Y B 637I1 LAND SURVEYING, P.C. FAX /•ta 615*11" CYLDE H. FARN5WORTH TRACT ?,2 INCM - 100 FEET ?. ..?.., .... ? -- -- GCI TAIG,1n- l^/V IAITV A1llOTM l`w 0/YI IA1w 404 WETLAND5 LINE BEARING LENGTH w l N 1 2'2445T 33.13 W2 N39°22'08'W 11.91 W3 N40043'1 4W 20.72 W4 N 12'44'00"W 44.07 W5 N68'09'2 I W 24.33 WG 558'53'41 W 11.49 W7 535'35'1 OW 20.34 W8 553'32' 16"E 57.75 we 553' 1008°E 5.88 W 1 O 548'1 535*E 19.94 w l I 503-14-23-E 23.66 W18 586°56'40"W 1.86 WI9 575'2GV3W 17.33 W20 N60' I G'52'w 36.53 W21 N59'04'38W 23.50 W23 N87'58'23W 47.15 W24 N68°2553W 38.58 W25 N38°2 I *40"W 42.82 W26 N50'33'58W 37.35 W27 582'50`35"W 27.42 W28 N77°2233W 32.00 W29 N63°5233W 37.00 W30 N17°5233W 37.00 W31 57I °OT27W 27.00 W32 N4 8°5233"W 32.00 W33 N79'2233W 42.00 W34 N36°4233W 31.00 W35 N43'2233W 54.00 W36 N56'2233W 18.00 W37 N60°47'33W 22.00 W38 N44'39'27W 47.57 W39 N54'58'58W 30.87 W40 N55'58'1 7W 52.18 W41 N63'1I'36'W 36.74 W42 N57'5a I GW 42.39 W43 N66'51'36WJ 39.87 W44 NG5°07'07W 41.50 W45 583' 12'2aW 47.00 W46 N 15°474aW 35.00 W47 N57°5T40W 34.00 W48 N48'4T40W 45.00 W49 N65'2 138W 36.68 W50 N87°0 1'47W 20.19 W51 511'12'2OW 29.98 W52 519'24'12W 33.40 W53 572°00' 15"E 17.00 W54 538°0015"E 39.00 W55 550'5TO4W 15.70 W56 N57°4257W 12.97 W57 N58'2010W 9.08 W58 N38' I T3 IV 8.63 W59 N41 *524 2°W 16.64 W60 N39'3920W 19.19 W61 N85'05'09W 16.77 W62 N51 *41'59W 32.00 WG3 N48'4 1'59W 6.00 WG8 N73'1 1'59'W 18.00 WG9 N65°1 I'59W 25.00 W70 N85'1 i'59W 28.00 W71 587'58'01 W 21.53 404 WETLAND5 LINE BEARING LENGTH IIIIIIIIIIIIIIIIIIIIIIIIIMPW 29.97 AM& t?r? 17.38 dIIIIIIIIIIIIIIIII0 N'W 17.55 Mm 16.92 dPMP APE 16.55 22.14 Nomlp~E 14.18 f? 5.45 dl? gmensoiE 27.21 W88 -923*31'58W 59.69 W89 NG2'50'19W 60.12 dlll? SSE 41.61 4111" 51.38 IIIIIMIIP 6.79 4ma mommoomw 15.81 ?M sommoomm 37.11 ?? ??? 19.83 4@01113"moW 20.22 I .3G ?? 19.40 YIrD 18.8 I a? 22.48 4111111111111111110 10.02 31.65 a 26.03 dNom 12.04 A4w 23.56 &AIIIIIIIIIINM 24.66 A? 18.24 9.55 14.89 39.43 mom 31.15 opm 25.06 d 27.30 4pIm - doppolpm 33.16 1009 37.19 WOW 41.45 qmm 35.00 37.50 6.87 42.42 4IIIIIIIIIIII!P faillopp"m 27.67 26.16 36.63 dOOw 304POW 33.72 10.97 dIIIIIIIIIIIIIIIIIIIII 22.29 dIIIIIIIIIIIIIIIIIIIIIio 1 26.89 AIIIIIIIIIIIIIIIIIIIP mmmmmmmv 10.39 domem 8.25 26.60 IIII?i? 30.34 EXHIBIT "A" CON5ERVATION MAP FOR CAMBRIDGE CR055ING N E TOWN AND COUNTRY DEVELOPER5, INC. 03 CYLDE H. FARN5WORTH TRACT 5MITHVILLE TOWNSHIP DRUN5WICK COUNTY NORTH CAROLINA Po v7 RECEIVED Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. V a. O S-' 1) 9 Og (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit -Riparian or Watershed Buffer Rules Section 10 Permit -Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: _ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: X II. Applicant Information (J UP= 1. Owner/Applicant Information Town and Country Developers APR 2 4 2006 c/o Mike Alvis DENR - YVATkR QUALITY 3600 South College Road, Suite E MILAN 03 MO 6l()p?nv,A1en tiRyycs{ Wilmington, NC 28412 Telephone Number: 910.443.3385 Fax Number: N/A E-mail Address: N/A 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Dana Lutheran Company affiliation: Southern Environmental Group, Inc. Mailing Address: 5315 South College Road, Suite E Wilmington, NC 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: dlutheran(a,,segi.us III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cambridge Crossing (Formerly referred to as Harbor Lake/Fish Factory Road) 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (PARCEL NO.): 2360001801 4. Location County: Brunswick County Nearest Town: Oak Island Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take 211 toward Southport. Right on 133 towards Oak Island. Take left onto State Road 1101 (also known as Fish Factory Road). After the bend on 1101 the site will be on the right. First large wooded lot on the right. 5. Site coordinates, if available (UTM or Lat/Long): N33° 56.102' W780 3.845' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct water body.) 6. Property size (acres): 21.7 acre 7. Nearest body of water (stream/river/sound/ocean/lake): Frazier Creek 8. River Basin: (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Cape Fear 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing condition of the site is wooded. The general land use in the vicinity of the project is residential. 10. Describe the overall project in detail, including the type of equipment to be used: Using heavy machinery, a subdivision of 22 multi family structures are to be constructed. In addition, 1 road will be built through the subdivision for access to all homes. 0.49 acre of wetland will be filled for the purpose of the right of way, water lines, drive way and dwelling construction. 11. Explain the purpose of the proposed work: The filling of the wetland area is necessary for the construction of the planned road and housing in the subdivision. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No prior project history is known. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permits are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be, shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Placement of fill material within 0.49 acre of wetland to allow construction of dwellings, a right of way, parking areas and an utility easement for a water main within the subdivision. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** A _ Fill 0.25 No Adjacent Mixed Hardwood B Fill 0.02 No 50 LF Wet Flat C Fill 0.09 No 560 LF Wet Flat D Fill 0.13 No 560 LF Wet Flat * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 2.54 acres Total area of wetland impact proposed: 0.49 acre 3. Individually list all intermittent and perennial stream impacts below: Stream impacts have been avoided by utilizing a bottomless culvert. Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) i * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): X uplands stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater infiltration system Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. • Impacts associated with Area! A `%s necessary to construct an access road. The construction of this road will allow residents of Cambridge Crossing access to Glen Cove at South Harbor Village. The developer has supplied funds to the Home Owners Association of Glen Cove for the residents of Cambridge Crossing to utilize the amenities at Glen Cove. This road is not for faster access to the main road. In order to avoid impact to Frazier's Creek, the developer has incorporated the use of a bottomless culvert. • Impacts associated with Areas B, C, and D are necessary to construct dwellings and parking areas. VIII. Mitigation DWQ In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stringide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The developer has agreed to preservation of 2.06 acre of existing 404 wetlands, 2.016 of upland buffer, and 2:1 payment to the NC EEP (see "Wetland Conservation Map for Cambridge Crossing" attached). SEGi has requested acceptance from the NC EEP and will forward the award letter once it is received. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A I. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes X No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes No IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? N/A Yes X No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0260. N/A X. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Total Site Area: 943,254 SF Total Pavement Area: 211,900 SF Total Building Area: 211,200 SF Total Impervious Area 423,100 SF Percentage of Impervious Surface Area: 45% NC DWQ Stormwater permit has been issued, SW8 050910. Sediment and Erosion Control permit issued October 6, 2005. XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Municipal sewer and water will be utilized. II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes X No Is this an after-the-fact permit application? Yes X No XII. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ? 7 C _ f?/'zL-t -7, Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) i I PROPOSED ALUMINUM BOX CULVERT (BOTTOMLESS) f PROPOSED BULKHEAD '?- WITH WING WALLS 1 W ILL I I ? I=111- I - - i-= I I i? l l 1-1? !1 111-111-I - IT f ! I1-1T-111=LIII-LL- =111= =1?. f 1=I II-111-I1-111-I I-I -L-111=1J_I11 _ -I I-1 III- T I?1-11J? I? i i ???I 1=111=tom. l SS III-I II I Il l- l11 ?I IJ 11- 1=111-LI -?- l?? II i it ,, 1l - - 1=11 L?1=ILI?11= _ - I-IH11=111?I1=11I?1? J ` f? QI I=J-1- -L=131=U?1- - - =J I H I i?11 1 III L-ll1-11=1 11=- =1-I I-L11I 1=13 I- I? I I J -I IT=1 11=1 I I_I I I- 11=1 I I-I I I? =1=L 1111 ? I H -11_ I- -III 1 H1? I-^ - I - _ -III=1 ?-III 11? I I? I 1=1 I I-1 I I_L_ -_ -I I __ II_JI-IIIHaL 1I-ll1 IHI=11 II- III=III- II?IH11=111?HII=III=111_. -I I I? I I-1 = -I i I? 11=111=1 I H I I? II?II? =iil= - I I - =III?IHI , II?IHI-11- III j rr =1I E1I H I = '0 -I I H ? I-111=111-1 ,0? PROPOSED AREA i 'illillTll!Il l TO BE' FILLED ?o r 1 ( r i ova D APR 2 4 2006 PLAN OF CROSSING WETLANDS kqD WATER QU SCALE: 1" = 50' 0 50 100 150 NORRIS, KUSKE &TUNSTALL Applicant: ROAD CROSSING PLAN CONSULTING ENGINEER8. INC. ?. 902 MARKET STREET Mike Alvis Town and Country Developers at Cambridge Crossing W2 L WILMINGTON. 0) 34329653 Wilmington, Inc. Southport, North Carolina FAX (910) 343-9604 off"Onk`e",,oo,,, 3600 S. College Rd., Suite E, PMB 335 Wilmington, NC 28412 PROJECT NO. :05003 DATE: 3/30/06 4.Yi8? ? (o?fl ?O OL SCALE: 1" = 30' 0 30 60 90 J J C7 z_ p W N O a O (L W I } z Z) O M p z 3 0 Z M 'n r J < p W W W I OUO OX O am 6 Q W J ? J p p W W N to Oa Of Or a a J J p p W Ln 0 a_ 0 Q. U' Z LLJ N 0 W il NORRIS, KUSKE &TUNSTALL Applicant: CONSULTING ENGINEERS, INC. Mike Alvis ?. 902 NARKEr srREu Town and Country Developers at WLM HONiEO(0) 343-9653 Wilmington, Inc. FAX (:1 0) 343-9604 3600 S. College Rd., Suite E. PMB 335 officeOnktenq.com Wilmington, NC 28412 APR 2 H Q orf LL- 0 J LL_ O ry n ROAD CROSSING PROFILE W4 Cambridge Crossing Southport, North Carolina PROJECT NO. : 05003 DATE: 3/30/06 .- PROPOSED ALUMINUM BOX , CULVERT 24 PROPOSED GRADE EXISTING GRADE 3 1 ?1 PROPOSED BULKHEAD . . . . PROPOSED ROADWAY CROSS SECTION OF ROAD NORRIS. KUSKE &TUNSTALL Applicant: CONSULTING ENGINEERS, INC. Mike Alvis 902 L"RKEr STREET Town and Country Developers at HONIEC(9 0)N3 329 53 Wilmington, Inc. FAX (910) }43-9604 3600 S. College Rd., Suite E, PMB 335 officeOnktenq.com Wilmington, NC 28412 SCALE: 1" = 20' 0 20 40 60 ROAD CROSSING SECTIONS W3 Cambridge Crossing Southport, North Carolina PROJECT NO. : 05003 DATE: 3/30/06 14-Ffaehmant T STATE OF NORTH CAROLINA CONSERVATION DECLARATION BRUNSWICK COUNTY D (? f 1121 APR 2 4. ZQ05 SNGti.?,rto? %?a c rcu?+aw?Trr?. aRy This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and RESTRICTIONS (ADECLARATIONA) is made on this day of February, 2006, by TOWN & COUNTRY DEVELOPERS OF RALEIGH, INC. a North Carolina corporation (ADeclarant@). RECITALS & CONSERVATION PURPOSES A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being approximately ';?A8 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 issued by the Wilmington District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States authorized by that permit, and this Conservation Declaration may therefore be enforced by the United States of America. NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the Property shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run with the subject real property and be binding on all parties that have or shall have any right, title, or interest in said property. ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Declaration set forth above. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Ve eta ation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. 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. ARTICLE II. ENFORCEMENT & REMEDIES A. This Declaration is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America. This covenant is to run with the land and shall be binding on all parties and all persons claiming under the Declarant. B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Declarant, Declarant's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Declaration. C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to bring any action against Declarant for any injury or change in the Conservation Property caused by third parties, resulting from causes beyond the Declarant's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the Property resulting from such causes. ARTICLE III. PUBLIC ACCESS A. This Conservation Declaration does not convey to the public the right to enter the Property for any purpose whatsoever. ARTICLE IV. DOCUMENTATION AND TITLE A. Conservation Property Condition. The Declarant represents and acknowledges that the Property is currently undeveloped land, with no improvements other than any existing utility lines, Declarations and rights of way. B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is seized of the Property in fee simple and has good right to make the herein Declaration; that there is legal access to the Property, that the Property is free and clear of any and all encumbrances, except Declarations of record. ARTICLE V. MISCELLANEOUS A. Conservation Purpose. (1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be held exclusively for conservation purposes. B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Declaration and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Declaration. If any provision is found to be invalid, the remainder of the provisions of this Conservation Declaration, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Recording. Declarant shall record this instrument and any amendment hereto in timely fashion in the official records of County, North Carolina, and may re- record it at any time as may be required to preserve its rights. D. Environmental Condition of Conservation Property. The Declarant warrants and represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Property or used in connection therewith, and that there is no environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in the Recitals. IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first above written. TOWN & COUNTRY DEVELOPERS OF WILMINGTON, INC. BY: TITLE: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, the undersigned, a Notary Public, do hereby certify that , an Officer of TOWN & COUNTRY DEVELOPERS OF WILMINGTON, INC. A North Carolina corporation personally appeared before me this day and acknowledged the due execution of the foregoing document, on behalf of the corporation and as an act of the corporation with authority of the corporation. WITNESS my hand and notaries seal, this the day of February, 2006. Notary Public My Commission Expires: Print name of notary 50UTmrmT g E S/4TE - s-P / LOCATION MAP NOT TO 5cut NOTES: 1. N.C.G.5. MONLAMNT NOT FOUND WIDAN 2000. 2 WETLANDS DEUNEATED M SPANGLER ENVIKOMA N`AL. INC. 3 m15 TRACT IS 5UBRCr TO ALL UTILITY EA!5CUV"5. RESTRICTIONS. OR COVENANTS OF RECORD. 4 AREA aY COORDINATE MERpD. 5. ALL DISTANCES ARE GROUND HORIZONtAL 6 THIS TRACT LOCATED IN ZONES A $ C AS RR TERM PANEL 0370295 -0380 E DATED AFRIL 2. 1991. STATE OF NORTH CAROUNA COUNTY OF 5RUN5MCK aRUN5WACK COUNTY NORTH CARMNA 1, VUA" DEREK DANFORD CEKTI" THAT TH15 MT WAS DRAWN UNDER MY 5UFCRV1510N FROM AN ACTUAL SURVEY MADE UNDER MY 5UrERVLSION "M DE5CXMON RewROm IN BoOK?,, FAr,E: THAT aOUNDAlOES Nor 9URVEYLD ORL .CK COUNTY NORM CAROLINA THIS MT L5 OR A SURVEY OF AN VESTING FARM Of LAND. ARE CEARLY MDICATED AS DRAWNJFROM INFORKNTION FOUND IN BDDK?- MC2 422 VERNON DEREK DAIFORD FAGC SNOVM: THAT THE RATIO Of FKM51ON AS CALCULATED IS I :10000: 1 N.C. rL5 NO. L4528 + + + THAT HI WAS FREPARD RR ACCORDANCE WITH G.S. 47-30 AS ?? •? ANCHOW. WITNESS MY ORIGINAL SIGNATURE. UCBISU KE NUMBER AND 5FAL + + THIS I, M DAY Or DECEMBER A.D.. 2005. 503°w-l- - + + r + + N03°052 _ N11yB yry0 • w • r K O ti . . RNON DEREK DANI'ORD + + + p1ZY ROp9 w. 864.65 N.C. R5 NO. L4528 ? ?,?sF15N FA ?eUCwIly NW2 I 'l ow : w ; • • r r + + ?• + + . 3°03'20"x' (51"M 1101 = 503'03 68.97 •• + 78=5 ago* aR UPLAND ' w l I • 404 •? l?.r ` + + CONTROL BUFFER r AREA ?.h •. 804 N84.21 1 ow • ' r LEGEND / 125.74'. • caR' 0 - RON nrE / ' . •? - CENTEwNE ° ' ? • ?? ^ /. ; • • w ti . 404 BOUNDARI' uI+E ry r a h nj . SOMERS.INC. -404 n D5 WE PG. 561 WrTAN .04 =STING) QG? / T• ryb' RO 2.01toa.cA-tl $;pm P , v Ile I. REVIEW OFRCCR Of awNSMOK COUNTY. CERTIFY THAT THE MALI OR FI TO WMICH THIS CERTIFICATION 15 AFFIXED MEM ALL STATUTORY REOUIREMCW5 FOR RECOREANG. DATE RMEW OFFICER / • • w / ? • • [g 404 GONML CORNER N42. `99?.T' • 4? r r ? / / .p S ry • • • N a AND WIFE. . woof 1i1C1LLL NSTER • D5.1360 FG. 754 / • ' + • • • AT / / ?, Pa •• a o- / J7414 ?• ' •w ?o- / p6a • r • / rP ? ??j???' ffry CERTIFICATE Or OWNER5TIIF. DMCATRON AND JURJ5OC ION: ?T (" 1 fn) HEREBY CERTIFY THAT I (WI!) ARE THE OWNERS Or THE PROPERTY SHOWN AND DE50RE00 fKREON AND THAT I WE) MERMY ADO" THIS FLAN CONSERVATION WRIT W (OUR) FREE CONSCNT. \ ?T o° DATE BY: \ \ \ s •v? F \ RCOMROL CORNER \ Gh NG \ 7so.a42' BRUNSWICK COUNTY NORTH CAROLINA \?q} elc \ FILED PORE REGI5TRATRON ON TIC _DAY Or 2005 \??'3 ?Ch \ AT _IrR/FM AND DULY RECORDED IN MN BOOK AT FAG[ _ \Sa 5URVEY REFERENCE \RiG \O\ FRINK 6 HERRING DECD BOOK 2111 PAGE 570 h' \ ROBERT KCXY N MAF BOOK 21 FAGS 422 \ Op PROPERTY 5U5DIV15ION 2 REG15TER Of DEEDS DECD BOOK 1326 PAGE 599 \? \ M6.2.5 PG. 178 BY: \rf \ \ EXHIBIT "AN rRDK .sevRAnw:A Lp11:TbNAtlA,CATPACIYR15h r.clptt+rrnnAacv+e.,ocE cD+T 4o,n.. CONSERVATION MAP FOR CAMBRIDGE CRO551NG QD'ANFO° RwD > WHOane aTm Ta VIMMINGTON 14.1- 2 403 TOWN AND COUNTRY DEVELOPERS, INC. ?. BRISlO 7 ¦ NE WIMISIS 21401 ????.??.1111 17L T W LAND SURVEYING, P.C. RAJL 01001"OBe CYLDE H. FARN5WORTH TRACT • . • r 404 / / • • rr • ?0 • L16 3?O a ? 63 /I DANNY 4, FAYE BKOCK. INC. De.2015 rG. a37 PRINK 0 MEMNG PROPERTY 50COV15104 2 (FRAZIER5 NECK I 15HEET 1 OF REVI5ED FFpr:a? ., 2006 DECEMBER 10, 2005 21,655 AC.± 100 0 50 100 200 117 INCH - 100 FEET L I N89°03'05- I 127.74 L2 N59°17'56'W 86.45 L8 CREEK 24.80 404 WETLAND5 LINE BEARING LENGTH w l N 12°2445"E 33.13 W2 N39°22'08- 11.91 W3 N40°43'1 4W 20.72 W4 N 12°44'OOW 44.07 W5 N68°09'2 I W 24.33 WG 558°5341 W 1 1 .49 W7 535°35'IOW 20.34 W8 55332'1 GE ' 57.75 W9 553° 10'08'E 5.88 W 1 O 548° 1535'E 19.94 w l 1 503° 14'23'E 23.66 W18 586'5640W 1.86 W19 575°26'03W 17.33 W20 N60°16'52'W 36.53 W21 N59°04'38W 23.50 W23 N87°58'23W 47.15 W24 N68°25'53W 38.58 W25 N38°2140°- 42.82 W26 N50°3356W 37.35 W27 582°50'35- 27.42 W28 N77°2233W 32.00 W29 N63°52'33W 37.00 W30 N I7°52'33W 37.00 W31 571 °0727W 27.00 W32 N48°5233W 32.00 W33 N79°22'33W 42.00 W34 N36°4233W 31.00 W35 N43°2233W 54.00 W36 N56°2233- 18.00 W37 N60'4733- 22.00 W38 N44'39'27W 47.57 W39 N54°58'58W 30.87 W40 N55°58'1 7W 52.18 W41 N63°1 P3GW 36.74 W42 N57°50 I GW 42.39 W43 N66°5 1'36'W 39.87 W44 N65"07'07W 41.50 W45 583° 12'2OW 47.00 W46 N 15°47'40- 35.00 W47 N57°57'4UW 34.00 W45 N48°47'40- 45.00 W49 N65°2138- 36.68 W50 N87°0 1'47W 20.19 W51 51 1 *1 2'20V 29.98 W52 519°24'12W 33.40 W53 572°00' 15"E 17.00 W54 538°00' 15'E 39.00 W55 550°57'04- 15.70 W56 N57°4257W 12.97 W57 N58'20'IOW 9.08 W58 N38° 17'3 I W 8.63 W59 N41°52'12W 16.64 W60 N39°39'20W 19.19 W61 N85°05'09- 16.77 W62 N51°41'59W 32.00 W63 N48°4 1'59W 6.00 W68 N73°1 1'59- 18.00 WG9 N65°1I'59W 25.00 W70 N85°1 1'59W 28.00 W71 587°58'01 W 21.53 404 WETLAND5 LINE BEARING LENGTH avow lownrAloW 29.97 d0dib NP500000d/ 17.38 doom NSW 17.55 MIS 16.92 MAW E 16.55 22.14 M1011~E 14.18 dowo 5.45 r1 27.21 ci f W88 523°31'58W 59.69 W89 NG2°50' 19'W 60.12 dowam iiMIMmow d MM 50901owE 41.GI am& sqwm? 51.38 Mew sommomism 6.79 *wo mummmomw 15.81 411m 4wasomomm 37.11 IIom 4nommemom 19.83 4990-NNWW 20.22 ? 19.40 1? 18.8 I A4A1 22.48 411111111111111110 10.02 M? 31 .65 M11?R 26.03 ANW& 12.04 AID 23.56 4PW 24.66 WOW ? 18.24 9.55 amm 00088M* 1479 WINNOW 39.43 31.15 40ow 25.06 MIm mmosomm 27.30 MAC 33. 16 37.19 oiw 41.45 Mmm domposew 35.00 4111111111111111111 desompl? 37.50 w? 44@NM? 6.87 MOOMMOM6 42.42 M>op smospromw 27.67 A dONIONOW 26.IG ?r 36.63 ?m 3molow? 33.72 mauMmaw 10.97 ? 22.29 A 26.89 4IIIIIIIIIIIIIIIIIP mmmmmmom 10.39 8.25 26.60 30.34 LI L14 548°33'25"E 156.35 L15 558° 19'31'E 131.19 L 16 585°50'32- 40.88 EXHIBIT "A" CON5ERVATION MAP FOR CAMBRIDGE CK0551NG 03 I TOWN AND COUNTRY DEVELOPERS, INC. CYLDE H. FARNSWORTH TRACT 5MITHVILLE TOWN5HIP BRUN5WICK COUNTY NORTH CAROLINA P9 v? 2