20060405 Ver 1_COMPLETE FILE_20060313

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PROGRAM
INVOICE
June 21, 2006
DWQ#: 2006-0405
COE#: 200632199065
Amanda L. Kolb
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Project: River Lure
County: New Hanover
Q
JUL 1 0 2006
DENR -WATER QUALITY
iVET1ARDS APtD STOWAitA+' TER BRANCH
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 Chris Mankoff at 919-716-1921.
Riparian Wetlands 0.5 acres x $ 26,246.00
Non-Riparian Wetlands 0 acres x $ 13,123.00
Saltwater Wetland 0 acres x $131,230.00
Stream 114 linear feet x $ 219.00
Buffer - Zone 1 0 sq. feet x $ .96
Buffer - Zone 2 0 sq. feet x $ .96
Total amount due
_ $13,123.00
$ 24,966.00
$ 38,089.00
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program
for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
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from the permitting agencies stating that the permit and/or authorization have been rescinded.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: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, DCM-Morehead City
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
File
R.estor?... L ... Prot" our state,
ern
VR MENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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Colorado Coastal Development Co.
620 South Cascade Ave, Suite 101
Colorado Springs, CO 80903
Project: River Lure
1•-
cosstem h
PROGRAM
RECEIPT
Date: July 18, 2006
DWQ#: 06-0405
COE#: 200632199065
County: New Hanover
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check in the amount of $38,089.00, check
number 2058, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NCEEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NCEEP, and any other state, federal or local government
permits or authorizations associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. 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.

C
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l
i Wetlands (credits) Stream (credits)
River Basin a
a
og
ng
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm Buffer
(sq. ft.)
Riparian Marsh
Cape Fear 03030005 0.26 0 0 0 0 114 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 [phone].
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Amanda Kolb, SEG-Wilmington
File
Ye m D. Gilmore, PE
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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 19, 2006
RE: Colorado Coastal Development, LLC - River Lure, New Hanover Co. 401/404
Application DWQ # 06-0405, USACE Action ID # 200401134
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
January 23, 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 located Off Myrtle Grove Sound Rd., between Shannon Dr. and Windy Hills Dr.,
adjacent to Masonboro (a.k.a. Myrtle Grove) Sound. The property consists of approximately 10
acres of high ground and approximately 5 acres of delineated wetlands. An un-named tributary to
Masonboro Sound is contained within the property, but is designated as a drainage feature on the
impact map. .
Waters in this area are classified SA-Outstanding Resource Waters by the Division of Water Quality
(NCDWQ and are designated as a Primary Nursery Area (PNA) by the NC Division of Marine
Fisheries (NCDMF). The waters are open to shellfishing.
The applicants propose to permanently impact approximately 0.13 acre of wetlands through
filling/culverting to construct an access road and provide infrastructure for a 37 home subdivision.
A state stormwater permit has been issued. Preliminary approval to connect to the county sewer
system has been granted.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Colorado Coastal - Rive Lure
May 19, 2006
The applicants propose to mitigate for wetland impacts by buy-in to the EEP for 114 linear feet of
stream and 0.50 acre of riparian wetland. Further, the applicants propose to preserve 2.26 acres of
the remaining 4.71 acres of on-site wetlands through conservation easement.
We have the following concerns/recommendations:
• We recommend that all remaining on-site wetlands be preserved through conservation
easement.
• We recommend the phrase "and managed" is removed from the last sentence in the first
paragraph of Section 13, Article VI of the Declaration.
• We recommend the exclusion referred to in the third paragraph of Section 13, Article VI
of the Declaration is eliminated by removing the entire paragraph.
• We recommend 100 ft and 50 ft native forested buffers are maintained or created on each
side of on-site perennial and intermittent streams, respectively.
The NCWRC has coordinated with the Division of Water Quality with whom we share concerns.
We therefore support any recommendations they have for this project.
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: Jennifer Frye, USACE
Noelle Lutheran, NCDWQ
Permit Class .5 Permit Number
NEW 2 p (? 88-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission Lc?g
iknuft JUN 1 5 2006
for DENR - WATER QUALITY
X Major Development in an Area of Environmental ConbEFdNW 0 sroR??nyArER gRM
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS.113-229
Issued'to Jerry Haire do Colorado Coastal Development, LLC/River Lure S/D, 7741 Market St. Unit H, Wilm., NC 28411
Authorizing development in New Hanover County at add the AIWW, 6015 Myrtle Grove Road,
Federal Point Township , as requested in the permittee's application.dated 1/13/06 (MP-1 & MP-3)L
& 2/21/06 (MP-2 & MP-5), including the attached'workplan drawings referenced in condition #1.
This permit, issued on June 12, 2006 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all work shall be done in accordance with the attached workplan
drawings (17), 1 dated 11/19/04, 2 dated received 1/25/06, 3 dated 2/10/06, 2 dated 2/9/06, 2 dated
2/7106,'6 dated 8/11/(15 and 1 dated revised 2/24/06.
Upland Development
2) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
with the development of the River Lure Subdivision, including the construction of the associated road,
all as expressly and specifically set forth in the permit application and depicted on the attached workplan
drawings. Any additional land disturbing activities and/or construction shall require a modification of
this permit.
(See attached sheet.for Additional Conditions).
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work br project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v
C les S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. .
Signature of Permittee
Jerry Haire c/o Colorado Coastal Dev., LLC/River Lure Subdivision Permit #88-06
Page 2 of 2
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan shall be
filed at least thirty. (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
3) A ground cover sufficient: to restrain erosion shall be provided within thirty calendar days of project.
completion.
4) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded -.materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or-berms sand fence, etc.). --
Stormwater Management
5) The N.C. Division-of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8051139 on 2/15/06. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
401 Water Ouality Certification
6) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification Nos. 3404 and 3374 (DWQ Project No. 060405), which were issued on 6/6/06.
General
7) No vegetated wetlands shall be filled, even temporarily, outside of the area(s) depicted on the attached
workplan drawings.
8) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary
wetland impacts<_Shese matsishall,be-removed mmediately following project_compktion_v
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property, including but not limited to the construction of
single-family homes, may require a modification of this permit. Contact a representative of the
Division at [phone] prior to the commencement of any such activity for this
determination. The permittee is further advised that many non-water dependent activities are not
authorized within 30 feet of the normal high water level.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
No. 12 (utility line installation) and Nationwide Permit No. 16 (road crossings) on 5/15/06 (COE
Action ID No. 200632199).
`?. O?O? WAf11?9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 6, 2006
Mr. Steve Shuttleworth
Colorado Coastal Development Company
7741 Market Street, Unit H
Wilmington, NC 28411
Subject Property: River Lure Subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shuttleworth:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 060405
New Hanover County
JUN 1 2 2006
DENR - WATER QUALITY
"'A""' AND STORMWATER BRANCH
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within 0.13 acres of wetlands and 57 linear feet of stream for the purpose of constructing access for a
residential subdivision, and temporarily impact 0.38 acres of riparian wetlands for the purpose of
installing utility lines at the subject property, as described within your revised application dated May 2
and received by the N.C. Division of Water Quality (DWQ) on May 8, 2006, and additional information
received on May 18, 2006. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Numbers 3404 and 3374. The Certifications allow you to
use Nationwide Permits 14 and 12 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
or CAMA 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
certification 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 57 linear feet Road Crossing 1
404 Wetlands 0.13 (acres) Sites A,13, C, and D
Temporary 404 Impacts 0.38 (acres) Sites G and H (utility lines
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper
Phone [phone] Customer Service 1-877.623-6748 One
FAX [phone] Internet: www.ncwaterquality.org
NorthCarolina
Naturally
Colorado Coastal Development Company
Page 2 of 3 1
June 6, 2006
2. Construction Stormwater Permit NCGO10000
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. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], 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://h2o.enr.state.nc.uslsu/Forms Documents.htm.
3. 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
Management 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 Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. 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.
5. 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.
Colorado Coastal Development Company
Page 3 of 3
June 6, 2006
6. 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 401 /Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
7. Protective Fencing
The outside wetland boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar
high visibility material) for the areas that have been approved to infringe within the wetland.
8. Culverts
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds 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 in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of riprap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands
and waters in order to assure compliance for future wetland and water impact. These mechanisms
shall be put in place prior to impacting any wetlands or waters approved for impact under this
Certification Approval and Authorization Certificate.
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 CAM A. 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.
Colorado Coastal Development Company
Page 4 of 3
June 6, 2006
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.
Sincerely,
Alan W. Klimek, P.E.
AWK/nml
Enclosures: WQCs 3404 and 3374
Certificate of Completion
cc: Amanda Kolb, Southern Environmental Group Inc.
Jennifer Frye, USACE Wilmington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit, Raleigh
Beth Wetherill, NHC Engineering
Doug Huggett, DCM Morehead City
Noelle Lutheran, DWQ Wilmington Regional Office, File Copy
Central Files
Filename: 060405.] un06
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
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) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B.0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 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, 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.
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, 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.
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- 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;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. 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 28.0200. 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 2B .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;
5. 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), 213.0213 (WS-II),
2B .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
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;
6. 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 (Tr), 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.
WQC #3404
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.
7. 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;
8. 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 project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. 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
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
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. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. 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;
WQC #3404
10. 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, 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 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;
11. 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;
12. 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;
13. 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;
14. 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;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. 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;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. 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;
19. 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 14 or Regional General Permit
198200031, whichever is sooner.
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 # 3404
WQC #3374
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
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 wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit
198100049 or when deemed appropriate by the Director of the Division of Water Quality.
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. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
appropriate. If any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any
project with 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 by DWQ for any Certification
involving written concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than a near-perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to
the stream bank);
WQC #3374
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed with no joints connected within the footprint of a stream
channel or within 2 feet of the stream banks. Otherwise, written concurrence from DWQ
is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233,.0259,
.0250 and .0243. 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, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 2B .0233-0259-0250 and .0243.
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;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Rip rap may only be used below the normal high water level.
The stream cross section must be restored to its original grade and elevation. Placement
of rip rap or other materials shall not result in de-stabilization of the stream bed or banks
upstream of downstream of the crossing;
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 or waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable;
WQC #3374
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance corridor beyond those widths
specified in this General Certification;
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
wetland for buried utility lines. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area;
18. 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;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ
Regional Office must be contacted to determine if Coastal Stormwater Regulations still
apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these
impacts is acceptable when compensatory mitigation is required as long as the Wetlands
Restoration Program agrees in writing to accept this payment. Other mitigation plans
must receive written DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
WQC #3374
24. 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 12 or Regional Permit 198100049
whichever is sooner;
25. 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.
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: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3374
WQC #3374
l ifnches ?,- UtliftrLine
l l (Diameter Varies)
1 I
I foot class E Concreto
or Compacted GEay
r.........
F inches rench With inches
-i??
Not to exceed 40 feet
SECTION
Class B Concrete
or compacte. Clay
L
5
ANTI-SEEP COLLAR
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
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,
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
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
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,
weekly, 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.
Date:
, 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,
Signature: Registration No. Date
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 6, 2006
Mr. Steve Shuttleworth
Colorado Coastal Development Company
7741 Market Street, Unit H
Wilmington, NC 28411
Subject Property: River Lure Subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shuttleworth:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 060405
New Hanover County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within 0.13 acres of wetlands and 57 linear feet of stream for the purpose of constructing access for a
residential subdivision, and temporarily impact 0.38 acres of riparian wetlands for the purpose of
installing utility lines at the subject property, as described within your revised application dated May 2
and received by the N.C. Division of Water Quality (DWQ) on May 8, 2006, and additional information
received on May 18, 2006. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Numbers 3404 and 3374. The Certifications allow you to
use Nationwide Permits 14 and 12 when issued by the US Army Corps of Engineers (USAGE). 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
or CAMA 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
certification 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
annrnvarl including inr irlentil impacts'
Amount Approved (Units) Plan Location or Reference
Stream 57 linear feet Road Crossing 1
404 Wetlands 0.13 acres Sites A, B, C, and D
Tern Qra 404 Im acts 0.38 (acres) Sites G and H (utility lines)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877.623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: wwwncwaterquality.org NO One
hCar01
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Rtuy
Colorado Coastal Development Company
Page 2 of 3
June 6, 2006
2. Construction Stormwater Permit NCGO10000
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. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], 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: //h2o. enr.state. nc. us/su/Forms Documents htm.
3. 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
Management 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 Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. 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.
5. 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.

Colorado Coastal Development Company
Page 3 of 3
June 6, 2006
6. 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 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
7. Protective Fencing
The outside wetland boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar
high visibility material) for the areas that have been approved to infringe within the wetland.
8. Culverts
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds 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 in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of riprap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands
and waters in order to assure compliance for future wetland and water impact. These mechanisms
shall be put in place prior to impacting any wetlands or waters approved for impact under this
Certification Approval and Authorization Certificate.
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.
Colorado Coastal Development Company
Page 4 of 3
June 6, 2006
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.
Sincerely,
Alan W. Klimek, P.E.
AWK/nml
Enclosures: WQCs 3404 and 3374
Certificate of Completion
cc: Amanda Kolb, Southern Environmental Group Inc.
Jennifer Frye, USACE Wilmington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit, Raleigh
Beth Wetherill, NHC Engineering
Doug Huggett, DCM Morehead City
Noelle Lutheran, DWQ Wilmington Regional Office, File Copy
Central Files
Filename: 060405.jun06
-Ecos stem
PROGRAM
Amanda L. Kolb
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
May 12, 2006
Project: River Lure County: New Hanover
Vwq-. [ Z-00G 011615
(-OF- ZJ
FA @§ W 24 1
MAY 3 0 2006
DENR - WATER UUw1,-Q
wmw ANA aTF MWATEFl 4;!ffi 4Gk
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian on-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.5 0 0 0 0 114 0 0
03030005
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
Sincerely,
O?
illiia D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
A"t7or ` E .. Protect' Oct, State sXA
••• NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nceep.net
Triage Check List
Date: 5/10/06
Project Name: River Lure SD

DWQ#: 06-0405
County: New Hanover
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 5/08/06 to 7/06/06
From: Cyndi Karoly Telephone: [phone]
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?
?
r_1 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!
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 0 CD ^ CkUS
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
© 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
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: FX1
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:
II. Applicant Information
1. Owner/Applicant Information `? 2pp? ?uJ
Name: Colorado Coastal Development MAY $
7741 Market St. Unit I3 apg daT A R ??H
Wilmington, NC 28411ttA?+
Telephone Number: 910.686.0378 Fax Number: 910.686.0733
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 S. College Rd. Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: DLutheran(a)segi.us
III. Project Information
Page 1 of 9

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: River Lure
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): R07908-003-078-000
4. Location: 6015 Myrtle Grove Rd.
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Follow NC 132 South Turn left on Piner Road. Merge right on to Myrtle Grove Rd.
Follow Myrtle Grove Rd. approximately % of a mile. Property is on the left side of the
road between Shannon Dr. and Windy Hills Dr.
5. Site coordinates, if available (UTM or Lat/Long):
(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 waterbody.) Approx. 34.1228°N 77.8761°W
6. Property size (acres): 15.033 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Intracoastal Waterway
8. River Basin: Cape Fear
(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.ne.us/a(min/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application:
Page 2 of 9
The parcel is wooded and undeveloped. The general land use in the vicini of the project
site is residential and site is adjacent to a salt marsh conservatory.
10. Describe the overall project in detail, including the type of equipment to be used:
Using heavy machinery. a subdivision of 37 single family homes along with a recreational
area is to be constructed. In addition, a road will be built through the subdivision for
access to all homes. 5.451 square feet (0.13 acre) of wetland will be filled for the purpose
of road construction and the incorporation of culverts and rip-rap, to maintain
hydrological integrit?of jurisdictional waters. 16.765 square feet (0.38 acre) of temporary
wetland impact will be associated with the placement of utility lines. 57 linear feet of
stream will be impacted due to a proposed road crossing.
11. Explain the purpose of the proposed work:
The proposed filling of the wetland area is necessary for the construction of the planned
road and the incorporation of utili lines.
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.
USACE Action ID Number: 200401134 (see attached documentation)
Stormwater Permit #: SW8-051139 (see attached documentation).
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.
Applicant is waiting on response from Erosion and Sediment Control.
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
Page 3 of 9
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.
1. Provide a written description of the proposed impacts:-
Imp act A• Fill is necessary to complete proposed roadway.
Imp act B• Fill is necessary to complete p roposed roadway. Excavation and fill
necessary to incorporate culverts/rip-rap in area, in order to preserve hydrologic
inte grity of wetland.
Imp act C: Fill is necessary to complete proposed roadway.
Imp act D: Fill is necessary to complete proposed roadway.
Imp act E• Fill is necessary to complete p roposed roadway. Excavation and fill
necessary to incorporate culverts/rip-rap in area, in order to preserve hydrologic

inte grity of wetland.
Imp act F: REMOVED
Imp act G: Temporary imp act associated with utility easement.
Imp act H: Temporary imp act associated with utility easement.
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 0.043 Yes -450 Pocosin
B Excavation/Fill 0.039 Yes -450 Pocosin
C Fill 0.003 Yes --450 Pocosin
D Fill 0.012 Yes -450 Pocosin
E Excavation/Fill 0.029 Yes -450 Pocosin
F REMOVED --- ---- ---
G Temporary 0.050 Yes --450 Swamp Forest
H Temporary 0.330 Yes -450 Swamp Forest

*s*
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.go .
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:
210,830.4 square feet (4.84 acres)
Page 4 of 9
Total area of wetland impact proposed:
5,451 square feet (0.13 acre) of permanent impact.
16,765 square feet (0.38 acre of temporarypact.
3. Individually list all intermittent and perennial stream impacts below: 57 linear feet
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
1 (Crossing at Maintain existing pipe & 57 Unnamed Tributary 4' Intermittent

Lot 34)
culvert
add
to AICWW

* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated np-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.mapduest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 57 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: Not Applicable
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 identity temporary impacts. Impacts include, but are not limited to: nu, excavation, areagmg, nooamg,
drainage, bulkheads, etc.
Pond Creation: Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be included
above in the wetland and stream impact sections. Also, the proposed pond should be described
here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-
down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
Page 5 of 9
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.
Wetland impacts were avoided to the greatest extent possible by Blanner. Wetland fill is only
proposed for portions of roadways where no route through upland is possible. In addition.
proposed roadways shall be built not to exceed the minimum DOT standard width. All
impacts will be within local setbacks and consistent with zoning regulations. All impacts will
also be in accordance with State stormwater regulations. Client is incorporating existing dirt
road into project design, in order to avoid extraneous wetland impacts.
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
ht!p://h2o.enr.state.nc.us/ncwetlands/strmgide.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
Page 6 of 9
of the current site conditions and proposed method of construction. Please attach a separate
sheet if more space is needed.
The client is proposing a 2:1 payment through the North Carolina Ecosystem
Enhancement Program (NCEEP) to off-set proposed stream impacts and riparian wetland
impacts. In addition, the client is proposing to place 2.26 acres of on-site wetlands into
preservation (please see attached preservation documentation for clarification).
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): 114 linear feet.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres): 0.50 acre.
Amount of Non-riparian wetland mitigation requested (acres):Not applicable.
Amount of Coastal wetland mitigation requested (acres):Not applicable.
1. 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 ? 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.
Page 7 of 9
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)?
Yes ? 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
Miti ation
1 3
2 1.5
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 2B .0242 or .0260.
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 impervious surface on-site is 158.994 sq. ft. (3.65 ac.). Total acreage on-site is 654.837.5
sq. ft. (15.033 ac.). The percentage of impervious surface to total acreage is calculated to be
25%. State Stormwater Permit #: SW8-051139.
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.
The project site will utilize New Hanover County Public Sewer.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No O
Page 8 of 9
7
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.)
Page 9 of 9
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5515 `Joutk College Koad, Suite r- . Wilmington, Nortk Carolina 28412
910.452.271 1 . rax: 910.452.2899 [e-mail]
www.segi.us
May 2, 2006
O to - o'?D S
United States Postal Service
Mr. Ian McMillan
401 Oversight/Express Review Permitting Unit
Division of Water Quality
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
Re: MODIFIED PCN 14
Proposed River Lure Subdivision
6015 Myrtle Grove Road
Federal Point Township
DWQ Project #: 052198 .
Dear Mr. McMillan:
[SEGi Project #04-178.0 1 ]
MAY ? ZOG6
DENR- WMTER QUa
SIDS AND 574P?A?°1PTNR iilxjUaC.t?
Our firm has been retained by Colorado Coastal Development to pursue a Nation Wide Permit 14
to impact 404 Jurisdictional Waters to build a residential subdivision, located at 6015 Myrtle
Grove Road, in Federal Point Township, North Carolina.
Permanent impacts to wetlands associated with the project consist of 0.13 acre of fill and/or
excavation to allow construction of roadways and placement of culverts. Temporary impacts
consist of 0.38 acre to allow for the installments of utility lines. Wetlands on the lot cover 4.84
acres and are located throughout the property. The subdivision has been situated in the proposed
location to minimize impacts to jurisdictional waters.
A single stream impact is proposed for this project. There is an existing 16 foot culvert that
crosses the stream channel. The client is proposing to replace that pipe (considered maintenance
of an existing pipe) and also add an additional 57 feet, in order to divert the hydrologic energy
away from the proposed road. This brings the total stream crossing to 73 feet. The right-of-way
associated with this stream crossing totals 40 feet, with 24 feet dedicated to actual asphalt. Four
feet of impact are associated with curbage. The remaining distance is needed for a shoulder to
slope down to the pipe. In order to adhere to Stormwater regulations, the slope of the right-of-
way can not be greater than 3:1.
Mitigation for this project is offered through a variety of fashions. The client is proposing 2:1
North Carolina Ecosystem Enhancement Program (NC EEP) to off-set stream impacts. The
I
4
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client is also proposing 2:1 NC EEP to off-set impacts associated with riparian wetlands. In
addition to offering NC EEP for wetland impacts, the client is also proposing to preserve 2.26
acres of on-site wetlands. All on-site wetlands are not offered as preservation, as there are areas
within the project site our clients will need to access in order to perform routine maintenance,
such as culvert replacement. Also, certain jurisdictional areaswithin the project site were alloted
for active recreation areas, in order to conform with New Hanover County requirements and
regulations. All activities to be performed in active recreation areas fall outside the wetland line.
At this time we are requesting your review and approval of the attached permit application.
Please feel free to contact me, if you should have any questions or comments, at 910.452.2711.
Thank you in advance for your assistance with this project.
Sincerely,
Q v? K&Lb
Amanda L. Kolb
Staff Consultant
Enclosures:
1.) Wetland Determination Information Package
2.) PCN 14 Permit Application
3.) 2 Vicinity Maps (different scales)
4.) Aerial Map
5.) Property Owner Tax Information
6.) Topographic Map
7.) JD & Signed Map
8.) Acceptance Letter From NC EEP
9.) Proposed Plat
10.) Zoom Shots & Cross Sections
11.) Building Footprints
12.) Preservation Map
13.) Deed Language
14.) First Page of Stormwater Permit
15.) Signed Letter of Agency
88/15/2885 18:43 9184522e
SEGI
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PAGE e2
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regarding environmental consulting services on real property located in New Nanaver
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OF WA TF Michael F. Easley, Governor
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?O G William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 15, 2006
Mr. Steven A. Shuttleworth, Manager
Colorado Coastal Development, LLC
7741 Market Street, Suite H
Wilmington, NC 28411
Subject: Stormwater Permit No. SW8 051139
River Lure
Low Density Subdivision with a Curb Outlet System
New Hanover County
Dear Mr. Shuttleworth:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for River Lure on February 8, 2006. Staff review of the plans and specifications
has determined that the project, as proposed, will comply with the Stormwater Regulations set
forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 051139, dated February
15, 2006, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Paul Bartlett or me at [phone].
Since '
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/ptb: S:\WQS\STORMWATER\PERMIT\051139.feb06
cc: Howard S. Resnik, P.E., Coastal Site Design, PC
Tony Roberts, New Hanover County Inspections
NCDOT District Engineer
Kent Harrell, P.E., City of Wilmington Development Services
Beth E. Wetherill, New Hanover County Engineering
Paul T. Bartlett, P.E.
Wilmington Regional Office
Central Files
F= F-01 odFm B
MAY 8 2006
DENR - WATER QUALITY
WETLANDS AND STCPIAWATOR BRANCH
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer ServiceM77-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
North Carolina
Naturally
88/1512085 18:43 9184522e
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STATE OF NORTH CARQ?,W S7A WATER BRANCH
DECLARATION OF COVENANTS,
COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS
RIVER LURE
This Declaration is made this the 81' day of December, 2005 by River Lure Development,
LLC, a North Carolina limited liability company (hereinafter referred to as the "Declarant'), and
any and all persons, firms, or corporations hereinafter acquiring any of the within described
property and any of the property hereinafter made subject to these Restrictive Covenants of River
Lure (hereinafter referred to as "Restrictions").
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the River Lure Community,
Federal Point Township, New Hanover County, North Carolina known as River Lure; and
WHEREAS, River Lure is more particularly described by map(s) thereof entitled
"RIVER LURE" and duly recorded in Map Book at Page of the
New Hanover County Registry, to which reference is hereby made for a more complete
description; and
WHEREAS, said River Lure lots are so situated as to comprise a neighborhood unit, and
it is the intent and purpose of the Declarant to convey the aforesaid lots to persons who will erect
thereon residences to be used for family purposes, subject to the provisions hereinafter set forth;
and
WHEREAS, Declarant has agreed to establish a general plan of development as herein
set out to restrict the use and occupancy of the property made subject to these Restrictions for the
benefit and protection of the property and for the mutual protection, welfare and benefit of the
present and the future owners thereof; and
WHEREAS, Declarant has filed and recorded separately with the Register of Deeds for
New Hanover County a Subdivision Street Disclosure Statement, which is incorporated herein
by reference as if fully set forth; and
WHEREAS, Declarant desires to provide for the preservation of the value of River Lure
made subject to these Restrictions and for the construction, maintenance and preservation of the
Common Property.
NOW, THEREFORE, in accordance with the recitals which by this reference are made a
substantive part hereof, Declarant declares that all of the property described herein on above said
recorded plat (and all future plats(s) that may be made a part hereof in the manner set forth
below) is made subject to these Restrictions and shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of River Lure as it now exists and may hereafter be
expanded, and that such easements, restrictions, covenants and 'conditions shall burden and be
appurtenant to and run with said property and be binding on all parties now or hereafter owning
said real property and their respective heirs, successors and assigns, having any right, title or
r
interest in the properties now or hereafter subjected to these Restrictions, and shall inure to the
benefit of each owner thereof and their respective heirs, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to River Lure Homeowners' Association, Inc., a
North Carolina non profit corporation.
Section 2. "Owner" shall mean and refer to the record Owner; whether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security for the performance of an
obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described,
and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all property including improvements thereto owned by
the Association for the common use and'enjoyment of the Owners. The Common Area to be
owned by the Association at the time of the conveyance of the first1ot shall be the entrance
island located on atthe intersection of and all of
the area designated as "common area", if any,on the plat of River Lure.
Section 5. "Lot" shallmean and-refer to any plat of land shown upon any recorded subdivision
map of the properties with the exception of the Common Area.
Section 6. "Declarant" shall mean and refer to Colorado Coastal Development Company, its
successors and assigns if such successors and assigns should acquire more than one undeveloped
Lot from the Declarant for the purpose of development.
ARTICLE` H
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of
enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title
to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the
recreational facilities by an Owner for any period during which any assessment against his Lot
remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published
rules and regulations;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area
2
to any public agency, authority, or utility for such purposes and subject to such conditions as
may be agreed to by the members. No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by two thirds (2/3) of each class of
members has been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his
right of enjoyment to the Common Area and facilities to the members of his family, his tenants,
or contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS '-
Section 1. Every Owner of a Lot which is subject to, assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from Ownership of
any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall'be, all Owners with the exception of the Declarant, and
shall be entitled to one vote for each Lot owned. When more than one person holds an interest in
any Lot, all such persons shall be members .The vote for such lot shall,' be exercised as they
determine, but in no event shall more than one vote be cast with respect'to any Lot.
Class B. The Class B members shall be the Declarant and shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and be converted to Class A
membership on the happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes
outstanding in theClass B membership; or. _
(b) on December 31, 2007.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for
each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to
covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special
assessments for capital improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the
property against which each assessment is made. Each such assessment, together with interest,
costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was
the Owner of such property at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety, and welfare of the residents in the
Properties and or the improvement and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following
the conveyance of the first Lot to an owner, the maximum annual assessment shall be Two
Hundred dollars ($200.00) per lot.
(a) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment maybe increased each year not more
than five percent (5%) above the maximum assessment for the previous year without a vote of
the membership.
(b) From and after January 1 of the year immediately following the conveyance of the
first lot to an Owner, the maximum annual assessment may be increased by more than five
percent (5%) by a vote of two thirds (2/3) of each class of members who are voting in person or
by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of
the maximum.
Section 4. Special Assessments for Capital' Improvements. In addition to the assessments
authorized above, the Association may levy, in any assessment year, a special'assessment
applicable to that year only forthe purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement-of acapital improvement upon the Common
Area, including fixtures and personal property related thereto, provided that such assessment
shall have the assent of two, thirds (2/3) of the vote of each class of members who are voting in
person or by..proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum of Any Action Authorized Under Sections 3 and 4. Written
notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4
shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting. Atthe'first such meeting called, the presence of members or of proxies
entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a
quorum. If the required quorum is not present, another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent meeting shall be one-half
('/z) of the required quorum at the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days` following` the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a
uniform rate for all Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein shall commence as to all Lots on the first day of the month
following the conveyance of the Common Area. The first annual assessment shall be adjusted
according to the number of months remaining in the calendar year. The Board of Directors shall
fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of
4
each annual assessment period. Written notice of the annual assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an
office of the Association setting forth whether the assessments on a specified Lot have been paid.
A properly executed certificate of the Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the. Association. Any
assessment not paid within thirty (30) days after the due date shall,,bear interest from the due date
at the rate of eight percent (8%) per annum. The Association may bring an action at law against
the Owner personally obligated to pay the same, or foreclose the lien against the property. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-
use of the Common Area or abandonment of his Lot.
Section 9. Subordination of Lien to Mortgage. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage.-,However, the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu therefore, shall extinguish the lien of
such assessment as to payments which become due prior to.such.sale.or transfer. No sale or .
transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL
Section 1. Developer's' Rights. All duties and responsibilities conferred upon the Architectural
Review Committee by this Declaration or the Bylaws of the Association shall be exercised and
performed by the Declarant or. its Designee, so long as Declarant shall own any lot in the
Properties or any additions annexed thereto by Supplemental-Declaration or Amendment to this
Declaration.
Section 2-.,,,Building and Site Improvements. (a) No dwelling, fence, wall or other structure
shall be commenced, erected, or,maintained,upon any Lot in the Properties, nor shall any exterior
addition to or change or alterationtherein be made until the plans and specifications showing the
nature, kind, shape, heights, materials, and location of the same shall have been submitted to and
approved in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Declarant, or its designee, or, after the sale of all lots by
Declarant, by the Board of Directors of the Association, or by an Architectural Review
Committee composed of three.(3) or more representatives appointed by the Board. In the event
the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to
approve or disapprove such.design and location within thirty (30) days after said plans and
specification shave been submitted to it, approval will not be required and this Article will be
deemed to have been fully complied with. Refusal of approval of any such plans, location or
specification may be based upon any ground, including purely aesthetic and environmental
considerations, that in the sole and uncontrolled discretion of the Declarant or Architectural
Review Committee shall seem sufficient. One copy of all plans and related data shall be
furnished to the Declarant or Architectural Review Committee, as the case may be, for its record.
Neither the Declarant nor the Architectural Review Committee shall be responsible for any
structural or other defects in plans or specifications submitted to it or any structure erected
according to such plans and specifications.
(b) No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block nor tar
paper composition shall be used for the exterior of any residence constructed on any building lot
herein conveyed, it being intended that only conventional brick, clay brick, vinyl or exterior
composition sidings for exteriors be constructed on the lots subject to these covenants.
Section 3. Approval of Plans. (a) No house plans will be approved unless the proposed house
shall have a minimum of square feet of enclosed dwelling area for one story homes and
square feet of enclosed dwelling area for two story homes. The term "enclosed dwelling
area" as used in the minimum requirements shall be the total enclosed area within a dwelling,
provided, however, that such term does not include, garages, terraces, decks, open porches, and
like areas; provided, further, that shed type porches, even though attached to the'house are
specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
(b) Since the establishment of inflexible building setback lines for location of houses on lots
tends to force construction of houses directly to the side of other homes with detrimental effects
on privacy, view, preservation of important trees and other vegetation, ecological and related
consideration, specific setback lines are established by New Hanover County Zoning. In order to
assure, however, that the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any lot shall be controlled by and must
be approved absolutely by-the Declarant or theArchitectural Review Committee, as the case may
be. Provided, however, thatno dwelling shall be constructed closer than twenty (20) feet to an
adjoining property.. line.
(c) The exterior and landscaping of all houses and other structures must be complete within
twelve (12) months after the'constmction of same shalthave commenced, except where such
completion is impossible or would result in.great hardship to the Owner of builder, due to strikes,
fires, national emergency,, or naturatcalamities.
(d) No structure shall be erected, altered, placed, or permitted to remain on any lot, except one
(1) single family dwelling not to. exceed two, (2) stories in height, unless the Declarant or the
Architectural Review Committee, as the case may be, approves in writing a structure of more
than two (2) stories, and one or more small accessory buildings (which may include a detached
private garage, servants quarters, or guest facilities) provided the use of such dwelling or
accessory building does•not in the'opinion of the Declarant or Architectural review Committee
overcrowd the site, and provided further, that such buildings are not used for any activity
normally conducted as a business. Such accessory building may not be constructed prior to the
construction of the main building.
(e) All service utilities, fuel tanks, clothes lines, wood piles, and trash and garbage
accumulations are to be enclosed within a fence, wall or plant screen of a type and size approved
by a Declarant of the Architectural Review Committee, so as to preclude the same from causing
an unsightly view from any highway, street or way within the subdivision, or from any other
residence within the subdivision. All mail boxes shall be uniform in design. Design for mail
boxes shall be furnished by the Declarant.
6
(f) Off street parking for not less than two (2) passenger automobiles must be provided
on each lot prior to the occupancy of any dwelling constructed on said lot, which parking areas
and the driveways thereto shall be constructed of concrete, brick, asphalt or turfstone.
(g) All front yards shall be sodded, except for planting beds, shrubbery, trees, or other
areas designated by the Declarant or the Architectural Control Committee.
Section 4. Maintenance by Association. The association at its expense shall be responsible for
maintaining, repairing, and replacing utility and drainage lines, and pipes which are located on
the properties, except those located within individual lots. The association shall have the right to
go onto the lots at reasonable times for the purpose of maintaining, repairing, or replacing all
utility and drainage lines and pipes that might be located on such lots; and each Owner hereby
grants permission to the Association to enter his lot for such purposes.
In the event that the need for maintenance, repair, or replacement ( other than said be
caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircraft, vehicles, and smoke as the foregoing are defined and explained in North
Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful,
or negligent act of the Owner, his family; guests or invitees, the costs of such maintenance,
replacement or repairs shall be added to and become a part of the assessment to which such lot is
subject.
ARTICLE VI
USE RESTRICTIONS `
Section 1. Land Use and Building' Type. No Lot in River Lure shall be used except for
residential .purposes, provided,, however, this shall not prevent the Declarant from constructing
models or sales offices within the subdivision and from operating offices for the purpose of sales
and other related activities from said model or' office. AllLots (herein referred to as "single
familylots") in River Lure'shall be restricted for the construction of single family dwellings
only. Any building erected, altered, placed or permitted to remain on any lot shall be subject to
the provisions of Article V of this Declaration relating to architectural control. Different land use
restrictions and architectural control guide lines may be established for adjoining properties to
developed by the Declarant.
Section 2. Nuisances. 'No noxious or offensive activity shall be carried on upon any lot, nor
shall anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood. There shall not be maintained any plants or animals, nor device or thing of any
sort whose normal activities or existence are in any way noxious, dangerous, unsightly,
unpleasant or other nature that may diminish or destroy the enjoyment of other property in the
neighborhood by the Owners thereof. It shall be the responsibility of each Lot Owner to prevent
the development of ant unclean, unsightly, or un-kept condition of buildings or grounds on such
lot which would tend to substantially decrease the beauty of the neighborhood area as a whole or
the specific area.
Section 3. Lot Maintenance. In the event that any Lot Owner shall fail or refuse to keep such
7
premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after
thirty (30) days' notice from the Architectural Review Committee, the Association or its designee
shall enter upon such lands and remove the same at the expense of the Owner, and such entrance
shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created
in the favor of the Association for the full amount thereof chargeable to such Lot, including
collection costs and such amounts shall be due and payable within thirty (30) days after the
Owner is billed therefore. Such lien shall be enforceable by Court proceedings as provided by
law enforcement liens.
Section 4. Temporary Structures. No structure of a temporary, character, trailer, basement, tent,
shack, garage, barn, or any other out building shall be used on any Lot at any time as a residence
either temporarily or permanently.
Section 5. Recreational Vehicles. Any boat, motorboat, camper, trailer, or motor homes, or
similar type vehicle remaining on any lot at any time shall be parked in the back yard and
screened from view as not to be readily visible from the street.
Section 6. Animals. No animals, livestock, or poultry of any kind shall be maintained on. any
Lot or in any dwelling except that dogs, cats, or other household pets may be kept or maintained
provided that they are not kept or maintained for commercial purposes and provided further that
they are not allowed to run free and are at all'times properly leashed.
Section 7. Outside Antennas. No outside radio or television antennas shall be erected on any
Lot or dwelling unit within. the Properties unless and until permission for the same has been
granted by the Board, of Directors of the Association or its Architectural review Committee.
Section 8. Window Coverings. All drapes, curtains'and other similar materials hung at
windows, or in any manner, as to be visible from the outside, of any building erected upon any
Lot shall be,a_white or neutral, background material.
Section 9. Exterior Lights. All light bulbs or other lights installed in any fixture located on the
exterior of any building'or'any Lot shall be clear, white or non-frost lights or bulbs.
Section 10. 'Junk Vehicles and Tractor-Trailers. No inoperable vehicle or vehicle without
current registration and insurance,, and no tractor-trailers will be permitted on the premises. The
Association shall have the right to have all such vehicles towed away at the Owner's expense.
Section 11. Signs. No "FOR SALE' signs or any other signs shall be permitted on any lot or in
the common areas without the permission of the Declarant or the Board of Directors, except that
a sign conforming to the Now Hanover County Sign Ordinance may be placed by Declarant on
any Lot used by Declarant as a'sale/rental office for the project so long as Declarant owns any
Lot in the Properties.
Section 12. Tree Cutting. No trees located within River Lure with a diameter in excess of ten
(10) inches as measured a the base of the trunk at the ground level shall be cut without the
written consent of the Architectural Review Committee.
8
Section 13. Restrictions on Jurisdictional Wetlands. The areas denoted as Wetland Preservation
Area shown on the recorded plat entitled "Wetland Preservation Plan for River Lure dated
January 26', 2006", for Colorado Coastal Developers, LLC, attached hereto as Exhibit _, and
recorded in Book , Page in the New Hanover County Register of Deeds as
Wetland Preservation Area shall be maintained in perpetuity in a natural and managed condition.
This covenant is intended to ensure continued compliance with the mitigation condition of a
Clean Water Act authorization issued by the United States of America,U.S. Army Corps of
Engineers, Wilmington District, Action ID 200401134, and, therefore, may be enforced by the
United States of America. This covenant is to run with the land`and shall be binding on the
Owner and all parties claiming through or under it, including, but not limited to any adjacent
homeowner's or any homeowners' association to whom the owner may assign or convey its
rights. Modification of this particular Section 13 of Article VI will require written consent of the
United States Army Corps of Engineers.
The wetland map referred to in paragraph one, of this,Section designates Wetland Preservation
Areas A, B, and C. Notwithstanding the provisions of this Section, the following activities will
be permitted in Wetland Preservation Areas A, B, and C. withouffurther consent of the United
States Army Corps of Engineers: establish and maintain pervious surface, nature trails; remove
noxious or poisonous plants such as poison ivy, poison oak; repair or remove storm damage
and/or dying or diseased vegetation and trees; erect, build and maintain pile supported structures
no requiring permits pursuant to 33 CFR 323.3.
The following covenants are intended'to ensure ongoing compliance:with State
Stormwater Management-Permit Number referenced onExhibit A, as issued by the
Division of Water Quality under NCAC 2H.1000.
Section 14. _Stormwater Management. The maximum allowable built-upon area per lot is see
Attachment A) square feet. This allotted amount includes any built-upon area constructed within
the lot property boundaries, and that portion of the right-of-way between the front lot line and the
edge `of the pavement. Built-upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, but does not include raised, open wood decking, or
the water surface of swimming pools. The covenants pertaining to storm water regulations may
not be changed or deleted without concurrence of the Division of Water Quality. Filling in,
piping or altering any vegetative conveyances (ditches, swales, etc.) associated with the
development excepf for average driveway crossings, is strictly prohibited by any persons. Lots
within CAMA's Area of,Environmental Concern may have the permitted built upon area reduced
due to CAMA jurisdiction withinthe AEC. Each designated curb outlet swale shown on the
approved plan must be maintained at a minimum of 100' long with 5:1 (H;V) side slopes or
flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10-year storm in a
non-erosive manner, and maintain a dense vegetated cover. Further, filling in, piping or altering
any designated 5:1 curb outlet swale associated with the development is prohibited by any
persons.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater management permit: Alteration of the drainage as
shown on the approved plan may not take place without the concurrence of the Division of Water
9
Quality. These Covenants are to run with the land and shall be binding on all persons and parties
claiming under them. The Covenants pertaining to storm water may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Environmental
Management. No lot owner is allowed to pipe or fill in any swale or ditch used to meet the storm
water regulations, except for driveway culverts. Each lot will maintain a 30' wide vegetated
buffer between all impervious areas and surface waters. All roof drains shall terminate at least
30' from the mean high water mark of surface waters.
ARTICLE VII
WATER SERVICES
Section 1. Water Service. All lot owners shall be required to. use water supplied by the
companies servicing the Properties for all household` uses.
ARTICLE VIII
ANNEXATION OF ADDITIONAL PROPERTIES
Section 1. Annexation of additional property shall require the assent two-thirds (2/3) of the
members at a meeting duly called for these purposes, written notice of which shall be sent to all
members not less than thirty. (30) days nor more than sixty (60) days in advance of the meeting.
ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any
proceeding at a law or in equity, all restrictions; conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of the Declaration. Failure by the
Association or by any owner to enforce any covenantor restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no wise affect any other provisions which shall remain in full force and
effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and
bind the land for a term of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive period of ten (10) years each.
This Declaration may be amended during the first twenty (20) year period by an instrument
signed by not less than ninety (90) percent of the Lot Owners, and thereafter by an instrument
signed by not less than seventy-five (75) percent of the Lot Owners. Any amendment must be
recorded.
Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions
10
will require the prior approval of the Federal Housing Administration of the Veterans
Administration: (a) annexation of additional properties, (b) dedication of Common Area, and
amendment of this Declaration of Covenants, Conditions and Restrictions.
Colorado Coastal Development Company
11

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
SUBDIVISION: River Lure Subdivision is located in , New Hanover
County, North Carolina, consisting of residential lots ( through , inclusive).
The undersigned Developer and Seller does hereby certify that there are various public streets
shown on the above-referenced River Lure Subdivision map and that said public streets have
been approved by the State of North Carolina Department of Transportation, and that the streets
have been constructed according to the standards for subdivision streets adopted by the Board of
Transportation for acceptance on the highway system.
The undersigned Developer and Seller further certifies that said streets will be dedicated as
public streets under the New Hanover County Subdivision Ordinance and that said streets are
defined as public streets for the purposes of maintenance as they are related to the County and/or
State Highway Department.
The undersigned Developer and Seller further certifies that it will file an application for
maintenance of the streets by the State of North Carolina Department of Transportation. Further,
that until such time as said streets shall be adopted by the County and/or State Highway
Department for acceptance into the Highway System, the responsibility for maintenance and
repair to said roads shall be borne by the Developer and Seller, except for the entrance island,
which shall be the continuing responsibility of the River Lure Homeowners' Association, Inc.
IN TESTIMONY WHEREOF, Colorado Coastal Development Company, a North
Carolina corporation, has adopted as its seal the typewritten word "SEAL" appearing beside its
name and has caused this instrument to be executed in its company name by its authorized
member/manager with full authority to act for all of its members and managers and said
member/manager has hereunto set his hand and seal as the act and deed of the limited liability
company, all on the day and year first above written.
12
t?
ATTACHMENT A
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H.500, the following DEED NOTIFICATION shall be
recorded in the New Hanover County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in New Hanover County, North
Carolina as shown on plans titled River Lure prepared by (insert name of
designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall, conform to
the requirements of the sate rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The.property owner shall report the name of the
subdivision in any application pertaining to said rules. This covenant is intended to ensure
continued compliance with all rules adopted by the State of North Carolina and therefore the
State of North Carolina may enforce benefits. This covenant is to run with the land and shall be
binding on all Parties and all. persons claiming under them."
Signature Date
Owner's Name
Address:
City, State, Zip Code:
Phone Number:
13
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 ofthe Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer S. Frye at 910910-251-4923.
Basis For Determination: This site exhibits wetland criteria as descn'bed in the 1987 Corps Wetland Delineation Manual
and is adjacent to the Atlantic Intracoastal Waterway. This site also contains a waterbody that exhibits an Ordinary .
High Water Mark as indicated by changes in soil characteristics and the lack of terrestrial vegetation and is a tributary
to the Atlantic Intracoastal Waterway This determination is based on information submitted by Shawn Carroll, ARM
on August 23, 2004 and a site visit by Jennifer Frve on August 24, 2004.
Remarks: conv shed:
William J Bryan, eta! 206 Maplewood Drive, Knightdale. NC 27545-9656
Shawn Carroll, ARM PC, PO Boa 882, Hampstea(L NC 28443
Steve Shuttleworth Colorado Coastal Develo men >LLC 808 Carolina each Ave N #2 Carolina Beach NC 28428
Corps Regulatory Official:
Date 12/21/2004 Expiration Date 12/21/2009
FOR OFFICE USE ONLY:'
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. '
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property ownerlagent copy of this form
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
C CSI 0Wr4 p
Q
MAY 8 2006
DENR - WATER QUALITY
WETMI)S M I) STM. .WATER BRANCH
Page 2 of 2
b4 - 0`6
u.5. ARMY CO S OF ENGINLEIRS RECEIVED
WH,MNGTON DISTRICT DEC 2 3 2004
Action Id. 200401134 County: New Hanover U.S.G.S. Quad: Carolina Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Ronald and Joyce Hughes
Address: 6005 Myrtle Grove Road
Wilmington. NC 28401
Telephone No.:
Property description:
Size (acres) 15.03 Nearest Town WDmington
Nearest Waterway UT.to Atlantic Intracoastal Waterway River Basin Atlantic Intracoastal Waterway
USGS HUC 03030001 Coordinates N 34.1228 W 77.8757
Location description The two tracts (6.0 and 9.033 acres, respectively) are located at 6005 and 6015 Mvrtle Grove
Road, in wetlands an an unnamed tributary to the AICWW in Wilmington New Hanover County North Carolina
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be.considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 12/21/2004. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a phange in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Page 1 of 2
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NEW HANOVER COUNTY TAX DEPARTMENT
Real Estate Tax Records Inquiry - Current Tax Statement
8966068 2 0 0 5' TAX S T A T E M E N T
TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS
FD R07908-003-078-000 0 192,384 0
LEGAL ( 15.03 ACRES) PT BRYAN FEDERAL POINT
LOCATION 6015 MYRTLE GROVE RD
1/1/05 OWNER: COLORADO COASTAL DEVELOPMENT
TAX
DESCRIPTION RATE ASSESSED
------------ ------ ----------
NH COUNTY 0.6800 1,308.21
NH FIRE DIST 0.0600 115.43
COLORADO COASTAL DEVELOPMENT
620 CASCADE AVE S 101
COLORADO SPRING CO 80903
REMIT TO: NEW HANOVER CO TAX OFFICE
P.O. BOX 18000 * TOTAL AMOUNT DUE 04/26/06
WILMINGTON, NC 28406
Ownership Real Estate Values Building Sketch
Prior Taxes Property Map ' Previous Page h
Questions? 41
http://www.nhcgov.com/Oasinq/Oasstmt.jsp?sel=RO7908-003-078-000 4/26/2006
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5out6ern Environmental GrOUP3 Inc.
5315 College Road J' uite E • Wilmington, North Carolina 2841 z
910-+52-2711 rax: 910.452.2899 • [e-mail]
www.segi.us
Wetland Determination Information Package
Project Name: River Lure SEGi Project #: 04-178.01
Owner: Colorado Coastal Development, LLC Applicant
7741 Market St. Unit H (If different
Wilmington, NC 28411 from Owner):
Phone: [phone] Fax: [phone]
Project Site: 6015 Myrtle Grove Rd.
Wilmington, NC 28412
Parcel ID: R07908-003-078-000
Project Size: 15.033 t Acres 654961.22 t Square Feet
Subdivision Name: River Lure
Block and Lot M N/A
Directions to Site: Follow NC 132 south. Turn left on Piner Rd. Merge right onto Myrtle Grove Rd.
Follow Myrtle Grove Rd. approximately % of a mile. Property is on left side
of the road between Shannon Dr. and Windy Hills Dr.
Nearest Water Body: Intracoastal Waterway
Watershed: Cape Fear
Lat/Long 34.1228°N 77.8761°W
USGS Quad Name: Wilmington
Wetland Acreage: 4.84 Jurisdictional
Attached Maps: Data Forms
Topographic Map
Soils Map
Location Maps (at two scales)
Wetland Sketch
Letter of Agency
N/A Isolated
@'Tga)AJ
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5out6ern Environmental Group, Inc.
5515 College }load Suite E - Wilmington, North Carolina 28412
910.+52-2711 . Fax: [phone] ' [e-mail]
www.segi.us
Wetland Determination Information Package
Project Name: River Lure SEGi Project #: 04-178.01
Owner: Colorado Coastal Development, LLC Applicant
7741 Market St. Unit H (If different
Wilmington, NC 28411 from Owner):
Phone: [phone] Fax: [phone]
Project Site: 6015 Myrtle Grove Rd.
Wilmington, NC 28412
Parcel ID: R07908-003-078-000
Project Size: 15.033 t Acres 654961.22 t Square Feet
Subdivision Name: River Lure
Block and Lot M N/A
Directions to Site: Follow NC 132 south. Turn left on Piner Rd. Merge right onto Myrtle Grove Rd.
Follow Myrtle Grove Rd. approximately % of a mile. Property is on left side
of the road between Shannon Dr. and Windy Hills Dr.
Nearest Water Body: Intracoastal Waterway
Watershed: Cape Fear
Lat / Long 34.1228° N 77.8761 °W
USGS Quad Name: Wilmington
Wetland Acreage: 4.84 Jurisdictional
N/A
Isolated
Attached Maps: Data Forms
Topographic Map
Soils Map
Location Maps (at two scales)
Wetland Sketch
Letter of Agency
MAY n ???;;
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. DU _ o kkO S
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
© 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
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:
II. Applicant Information
1. Owner/Applicant Information D r?,3, r S?
Name: Colorado Coastal Development LI
7741 Market St. Unit H
Wilmington, NC 28411 MAY 2006
Telephone Number: 910.686.0378 Fax Number: 910.686.0733 DE;.,u,, ., _ r y r,?k
, s uN:. r R
E-mail Address: N/A ,T1/#NL ` ?arJ wA7?K
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 S. College Rd. Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: DLutheran(a)segi.us
III. Project Information
Page 1 of 9
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: River Lure
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): R07908-003-078-000
4. Location: 6015 Myrtle Grove Rd.
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Follow NC 132 South Turn left on Piner Road. Merge right on to Myrtle Grove Rd.
Follow Myrtle Grove Rd. approximately % of a mile. Property is on the left side of the
road between Shannon Dr. and Windy Hills Dr.
5. Site coordinates, if available (UTM or Lat/Long):
(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 waterbody.) Approx. 34.1228°N 77.8761°W
6. Property size (acres): 15.033 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Intracoastal Waterway
8. River Basin: Cape Fear
(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.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application:
Page 2 of 9
The parcel is wooded and undeveloped. The general land use in the vicini of the project
site is residential and site is adjacent to a salt marsh conservatory.
10. Describe the overall project in detail, including the type of equipment to be used:
Using heavy machinery, a subdivision of 37 single family homes along with a recreational
area is to be constructed. In addition, a road will be built through the subdivision for
access to all homes. 5,451 square feet (0.13 acre) of wetland will be filled for the purpose
of road construction and the incorporation of culverts and rip-rap, to maintain
hydrological integrit?of jurisdictional waters. 16,765 square feet (0.38 acre) of temporary
wetland impact will be associated with the placement of utility lines. 57 linear feet of
stream will be impacted due to a proposed road crossing.
11. Explain the purpose of the proposed work:
The proposed filling of the wetland area is necessary for the construction of the planned
road and the incorporation of utilfty lines.
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.
USACE Action ID Number: 200401134 (see attached documentation)
Stormwater Permit #: SW8-051139 (see attached documentation).
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.
Applicant is waiting on response from Erosion and Sediment Control.
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
Page 3 of 9
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.
1. Provide a written description of the proposed impacts:_
Imp act A• Fill is necessary to comp lete p roposed roadway.
Imp act B• Fill is necessary to comp lete p roposed roadway. Excavation and fill
necessary to incorporate culverts/ri p-rap in area, in order to preserve hydrologic

inte grity of wetland.
Imp act C• Fill is necessary to comp lete p roposed roadway.
Imp act D: Fill is necessary to comp lete p roposed roadway.
Imp act E• Fill is necessary to comp lete p roposed roadway. Excavation and fill
necessary to incorporate culverts/ri p-rap in area in order to preserve hydrologic

inte grity _of wetland.
Imp act F• REMOVED
Imp act G• Temporary imp act associated with utility easement.
Imp act H• Temporary im pact associated with utility easement.
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 0.043 Yes --450 Pocosin
B Excavation/Fill 0.039 Yes --450 Pocosin
C Fill 0.003 Yes -450 Pocosin
D Fill 0.012 Yes -450 Pocosin
E Excavation/Fill 0.029 Yes --450 Pocosin
F REMOVED - - -
G Temporary 0.050 Yes --450 Swamp Forest
H Temporary 0.330 Yes ^450 Swamp Forest

s**
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.go .
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:
210,830.4 square feet 4.84 acres)
Page 4 of 9
Total area of wetland impact proposed:
5,451 square feet (0.13 acre) of permanent impact.
16,765 square feet (0.38 acre of temporary impact.
3. Individually list all intermittent and perennial stream impacts below: 57 linear feet
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact lease specify)

1 (Crossing at Maintain
existing pipe &
57 Unnamed Tributary
4'
Intermittent
Lot 34) add culvert to AICWW

* 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.man(iuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 57 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: Not Applicable
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: Not Applicable
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): O uplands 0 stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-
down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
Page 5 of 9
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.
Wetland impacts were avoided to the greatest extent possible by planner. Wetland fill is oniv
proposed for portions of roadways where no route through upland is possible. In addition,
proposed roadways shall be built not to exceed the minimum DOT standard width. All
impacts will be within local setbacks and consistent with zoning regulations. All impacts will
also be in accordance with State stormwater regulations. Client is incorporating existing dirt
road into project design. in order to avoid extraneous wetland impacts.
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
httip://h2o.enr.state.nc.us/ncwetlands/strrngide.html.
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
Page 6 of 9
of the current site conditions and proposed method' of construction. Please attach a separate
sheet if more space is needed.
The client is proposing a 2:1 payment through the North Carolina Ecosystem
Enhancement Program (NCEEP) to off-set proposed stream impacts and riparian wetland
impacts. In addition, the client is proposing to place 2.26 acres of on-site wetlands into
preservation (please see attached preservation documentation for clarification).
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): 114 linear feet.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres): 0.50 acre.
Amount of Non-riparian wetland mitigation requested (acres):Not applicable.
Amount of Coastal wetland mitigation requested (acres):Not applicable.
1. 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 ? 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.
Page 7 of 9
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)?
Yes ? 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
1 3
2 1.5
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.
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 impervious surface on-site is 158,994 sq. ft. (3.65 ac.). Total acreage on-site is 654,837.5
sq. ft. (15.033 ac.. The percentage of impervious surface to total acreage is calculated to be
25%. State Stormwater Permit #: SW8-051139.
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.
The project site will utilize New Hanover County Public Sewer.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No FX1
Is this an after-the-fact permit application?
Yes ? No Ox
Page 8 of 9
4
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.)
Page 9 of 9
?oF WA?F19p Michael F. Easley, Govemor
?O G William G. Ross, Jr., Secretary
7? North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 15, 2006
Mr. Steven A. Shuttleworth, Manager
Colorado Coastal Development, LLC
7741 Market Street, Suite H
Wilmington, NC 28411
MAY ? 2006
Subject: Stormwater Permit No. SW8 051139
River Lure R vv, iiiRQUAELR?B
Low Density Subdivision with a Curb Outlet Sy&t Mo sTO
New Hanover County
Dear Mr. Shuttleworth:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for River Lure on February 8, 2006. Staff review of the plans and specifications
has determined that the project, as proposed, will comply with the Stormwater Regulations set
forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 051139, dated February
15, 2006, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Paul Bartlett or me at [phone].
Sincer y,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/ptb: S:\WQS\STORMWATER\PERMIT\051139.feb06
cc: Howard S. Resnik, P.E., Coastal Site Design, PC
Tony Roberts, New Hanover County Inspections
NCDOT District Engineer
Kent Harrell, P.E., City of Wilmington Development Services
Beth E. Wetherill, New Hanover County Engineering
Paul T. Bartlett, P.E.
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Intemet h2o.enr.state.nc.us One
-WorthCarolina
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STATE OF NORTH CAROLINA DECLARATION OF COVENANTS,
COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS
RIVER LURE
This Declaration is made this the 81h day of December, 2005 by River Lure Development,
LLC, a North Carolina limited liability company (hereinafter referred to as the "Declarant"), and
any and all persons, firms, or corporations hereinafter acquiring any of the within described
property and any of the property hereinafter made subject to these Restrictive Covenants of River
Lure (hereinafter referred to as "Restrictions").
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the River Lure Community,
Federal Point Township, New Hanover County, North Carolina known as River Lure; and
WHEREAS, River Lure is more particularly described by map(s) thereof entitled
"RIVER LURE" and duly recorded in Map Book at Page of the
New Hanover County Registry, to which reference is hereby made for amore complete
description; and
WHEREAS, said River Lure lots are so situated as to comprise a neighborhood unit, and
it is the intent and purpose of the Declarant to convey the aforesaid lots to persons who will erect
thereon residences to be used for family purposes, subject to the provisions hereinafter set forth;
and
WHEREAS, Declarant has agreed to establish a general plan of development as herein
set out to restrict the use and occupancy of the property made subject to these Restrictions for the
benefit and protection of the property and for the mutual protection, welfare and benefit of the
present and the future owners thereof; and
WHEREAS, Declarant has filed and recorded separately with the Register of Deeds for
New Hanover County a Subdivision Street Disclosure Statement, which is incorporated herein
by reference as if fully set forth; and
WHEREAS, Declarant desires to provide for the preservation of the value of River Lure
made subject to these Restrictions and for the construction, maintenance and preservation of the
Common Property.
NOW, THEREFORE, in accordance with the recitals which by this reference are made a
substantive part hereof, Declarant declares that all of the property described herein on above said
recorded plat (and all future plats(s) that may be made a part hereof in the manner set forth
below) is made subject to these Restrictions and shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of River Lure as it now exists and may hereafter be
expanded, and that such easements, restrictions, covenants and conditions shall burden and be
appurtenant to and run with said property and be binding on all parties now or hereafter owning
said real property and their respective heirs, successors and assigns, having any right, title or
R r=0WR P
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MAY 8 2006
DENR - WATER QUALITY
interest in the properties now or hereafter subjected to these Restrictions, and shall inure to the
benefit of each owner thereof and their respective heirs, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to River Lure Homeowners' Association, Inc., a
North Carolina non profit corporation.
Section 2. "Owner" shall mean and refer to the record Ownerwhether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as-security for the performance of an
obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described,
and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all property including improvements thereto owned by
the Association for the common use and enjoyment of the Owners. The Common Area to be
owned by the Association at the time of the conveyance of the first Lot shall be the entrance
island located on atthe intersection of and all of
the area designated as "common area", if any, on the plat of River Lure.
Section 5. "Lot" shall`mean and refer to any plat of land shown•upon any recorded subdivision
map of the properties with the exception of the Common Area.
Section 6. "Declarant" shall mean and refer to Colorado Coastal Development Company, its
successors and assigns if such successors and assigns should acquire more than one undeveloped
Lot from the Declarant for the purpose of development.
ARTICLE H
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of
enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title
to every Lot, subject to, the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the
recreational facilities by an Owner for any period during which any assessment against his Lot
remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published
rules and regulations;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area
2
to any public agency, authority, or utility for such purposes and subject to such conditions as
may be agreed to by the members. No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by two thirds (2/3) of each class of
members has been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his
right of enjoyment to the Common Area and facilities to the members of his family, his tenants,
or contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from. Ownership of
any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shallbe all Owners with the exception of the Declarant, and
shall be entitled to one vote for each Lot owned. When more than one person holds an interest in
any Lot, all such persons shall be members. The vote for such lot'shall .be exercised as they
determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B members shall be the Declarant and shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and-be converted to Class A
membership on the happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership; or
(b) on December 31, 2007.
ARTICLE IV
,,COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for
each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to
covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special
assessments for capital improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the
property against which each assessment is made. Each such assessment, together with interest,
costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was
the Owner of such property at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
3
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety, and welfare of the residents in the
Properties and or the improvement and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following
the conveyance of the first Lot to an owner, the maximum annual assessment shall be Two
Hundred dollars ($200.00) per lot.
(a) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment may be increased each year not more
than five percent (5%) above the maximum assessment for the previous year without a vote of
the membership.
(b) From and after January 1 of the year immediately following the conveyance of the
first lot to an Owner, the maximum annual assessment may be increased by more than five
percent (5%) by a vote of two thirds (2/3) of each class of members who are voting in person or
by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of
the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the assessments
authorized above, the Association may levy, in any assessment year, a special' assessment
applicable to that year only'for'the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a`capital improvement upon the Common
Area, including fixtures and personal property related thereto, provided that such assessment
shall have the assent of two, thirds (2/3) of the vote of each class of members who are voting in
person or by proxy at a meeting duly, called for this purpose.
Section 5. Notice and Quorum of Any Action-Authorized Under Sections 3 and 4. Written
notice of any meeting called, for the purpose of taking any action authorized under Section 3 or 4
shall be sent to all members not less thanthirty (30) days nor more than sixty (60) days in
advance of the meeting. At the'first such meeting called, the presence of members or of proxies
entitled to cast sixty percent (600/6) of all the votes of each class of membership shall constitute a
quorum. If the required quorum is not present, another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent meeting shall be one-half
('/Z) of the required quorum at the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days'following'the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a
uniform rate for all Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein shall commence as to all Lots on the first day of the month
following the conveyance of the Common Area. The first annual assessment shall be adjusted
according to the number of months remaining in the calendar year. The Board of Directors shall
fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of
4
each annual assessment period. Written notice of the annual assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an
office of the Association setting forth whether the assessments on a specified Lot have been paid.
A properly executed certificate of the Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest from the due date
at the rate of eight percent (8%) per annum. The Association may bring an action at law against
the Owner personally obligated to pay the same, or foreclose the lien against the property. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-
use of the Common Area or abandonment of his Lot.
Section 9. Subordination of Lien to Mortgage. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage. However, the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu therefore, shall extinguish the lien of
such assessment as to payments which become due prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL
Section 1. Developer's Rights. All duties and responsibilities conferred upon the Architectural
Review Committee by this Declaration or the Bylaws of the Association shall be exercised and
performed by the Declarant or its Designee, so long as Declarant shall own any lot in the
Properties or any additions annexed thereto by Supplemental"Declaration or Amendment to this
Declaration.
Section I Building and Site Improvements. (a) No dwelling, fence, wall or other structure
shall be commenced, erected, or maintained upon any Lot in the Properties, nor shall any exterior
addition to or change or alteration therein be made until the plans and specifications showing the
nature, kind, shape, heights, materials, and location of the same shall have been submitted to and
approved in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Declarant, or its designee, or, after the sale of all lots by
Declarant, by the Board of Directors of the Association, or by an Architectural Review
Committee composed of three (3) or more representatives appointed by the Board. In the event
the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to
approve or disapprove such design and location within thirty (30) days after said plans and
specification shave been submitted to it, approval will not be required and this Article will be
deemed to have been fully complied with. Refusal of approval of any such plans, location or
specification may be based upon any ground, including purely aesthetic and environmental
considerations, that in the sole and uncontrolled discretion of the Declarant or Architectural
Review Committee shall seem sufficient. One copy of all plans and related data shall be
furnished to the Declarant or Architectural Review Committee, as the case may be, for its record.
5
Neither the Declarant nor the Architectural Review Committee shall be responsible for any
structural or other defects in plans or specifications submitted to it or any structure erected
according to such plans and specifications.
(b) No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block nor tar
paper composition shall be used for the exterior of any residence constructed on any building lot
herein conveyed, it being intended that only conventional brick, clay brick, vinyl or exterior
composition sidings for exteriors be constructed on the lots subject to these covenants.
Section 3. Approval of Plans. (a) No house plans will be approved unless the proposed house
shall have a minimum of square feet of enclosed dwelling area for one story homes and
square feet of enclosed dwelling area for two story homes. The term "enclosed dwelling
area" as used in the minimum requirements shall be the'total enclosed area within a dwelling,
provided, however, that such term does not include. garages,'terraces, decks, open porches, and
like areas; provided, further, that shed type porches,' even though attached to the house are
specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
(b) Since the establishment of inflexible building setback lines for location of houses on lots
tends to force construction of houses directly to the side of other homes with detrimental effects
on privacy, view, preservation of important trees and other vegetation, ecological and related
consideration, specific setback lines are established by New Hanover County Zoning. In order to
assure, however, that the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any lot shall be controlled by and must
be approved absolutely by the Declarant or the'Architectural. Review Committee, as the case may
be. Provided, however, thatwdwelling shall be constructed closer than twenty (20) feet to an
adjoining property line.
(c) The exterior and landscaping of all houses and other structures must be complete within
twelve (12) months after the, construction of same shall,have commenced, except where such
completion is impossible or wouldlesulfin.great hardship to the Owner of builder, due to strikes,
fires, national emergency, or natural calamities:
(d) No structure shall be erected, altered,, placed, or permitted to remain on any lot, except one
(1) single family dwelling not to exceed two,(2) stories in height, unless the Declarant or the
Architectural Review Committee, as the case may be, approves in writing a structure of more
than two (2) stories, and one or more small,accessory buildings (which may include a detached
private garage, servants quarters, or guest facilities) provided the use of such dwelling or
accessory building does not in the opinion of the Declarant or Architectural review Committee
overcrowd the site, and provided further, that such buildings are not used for any activity
normally conducted as a business. Such accessory building may not be constructed prior to the
construction of the main building.
(e) All service utilities, fuel tanks, clothes lines, wood piles, and trash and garbage
accumulations are to be enclosed within a fence, wall or plant screen of a type and size approved
by a Declarant of the Architectural Review Committee, so as to preclude the same from causing
an unsightly view from any highway, street or way within the subdivision, or from any other
residence within the subdivision. All mail boxes shall be uniform in design. Design for mail
boxes shall be furnished by the Declarant.
6
(f) Off street parking for not less than two (2) passenger automobiles must be provided
on each lot prior to the occupancy of any dwelling constructed on said lot, which parking areas
and the driveways thereto shall be constructed of concrete, brick, asphalt or turfstone.
(g) All front yards shall be sodded, except for planting beds, shrubbery, trees, or other
areas designated by the Declarant or the Architectural Control Committee.
Section 4. Maintenance by Association. The association at its expense shall be responsible for
maintaining, repairing, and replacing utility and drainage lines and pipes which are located on
the properties, except those located within individual lots. The association shall have the right to
go onto the lots at reasonable times for the purpose of maintaining, repairing, or replacing all
utility and drainage lines and pipes that might be located on such lots; and each Owner hereby
grants permission to the Association to enter his lot for such purposes.
In the event that the need for maintenance, repair, or replacement ( other than said be
,
caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircraft, vehicles, and smoke as the foregoing are defined and explained in North
Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful,
or negligent act of the Owner, his family; guests or invitees, the costs of such maintenance,
replacement or repairs shall be added to and become a part of the assessment to which such lot is
subject.
ARTICLE VI
USE RESTRICTIONS
Section 1. Land Use and Building Type. No Lot in River Lure shall be used except for
residential purposes, provided,, however, this shall not prevent the Declarant from constructing
models or sales offices within the subdivision and from operating offices for the purpose of sales
and other related activities from said model or office. All-Lots (herein referred to as "single
family lots") in River Lum shall be restricted for the construction of single family dwellings
only. Any building erected, altered, placed or permitted to remain on any lot shall be subject to
the provisions of Article V of this Declaration relating to architectural control. Different land use
restrictions and architectural control guide lines may be established for adjoining properties to
developed by the Declarant.
Section 2. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor
shall anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood. There shall not be maintained any plants or animals, nor device or thing of any
sort whose normal activities or: existence are in any way noxious, dangerous, unsightly,
unpleasant or other nature that may diminish or destroy the enjoyment of other property in the
neighborhood by the Owners thereof. It shall be the responsibility of each Lot Owner to prevent
the development of ant unclean, unsightly, or un-kept condition of buildings or grounds on such
lot which would tend to substantially decrease the beauty of the neighborhood area as a whole or
the specific area.
Section 3. Lot Maintenance. In the event that any Lot Owner shall fail or refuse to keep such
7
premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after
thirty (30) days' notice from the Architectural Review Committee, the Association or its designee
shall enter upon such lands and remove the same at the expense of the Owner, and such entrance
shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created
in the favor of the Association for the full amount thereof chargeable to such Lot, including
collection costs and such amounts shall be due and payable within thirty (30) days after the
Owner is billed therefore. Such lien shall be enforceable by Court proceedings as provided by
law enforcement liens.
Section 4. Temporary Structures. No structure of a temporary, character, trailer, basement, tent,
shack, garage, barn, or any other out building shall be used on any Lot at any time as a residence
either temporarily or permanently.
Section S. Recreational Vehicles. Any boat, motorboat, camper, trailer, or motor homes, or
similar type vehicle remaining on any lot at any time shall be parked in the back yard and
screened from view as not to be readily visible from the street.
Section 6. Animals. No animals, livestock, or poultry of any kind shall be maintained on,any
Lot or in any dwelling except that dogs, cats, or other household pets may be kept or maintained
provided that they are not kept or maintained for commercial purposes and provided further that
they are not allowed to run free and are at all`times properly leashed.
Section 7. Outside Antennas. No outside radio or television antennas shall be erected on any
Lot or dwelling unit within,the Properties unless and until permission for the same has been
granted by the Board of Directors of the Association or its Architectural review Committee.
Section 8. Window Coverings. All drapes, curtains and other similar materials hung at
windows, or in any manner, as to be visible from the outside, of any building erected upon any
Lot shall be, a_white or neutral.background material.
Section 9. Exterior Lights. All light bulbs or other lights installed in any fixture located on the
exterior of any buildingor any Lot shall be clear, white or non-frost lights or bulbs.
Section 10. `Junk Vehicles and Tractor-Trailers. No inoperable vehicle or vehicle without
current registration and insurance, and no tractor-trailers will be permitted on the premises. The
Association shall'have the right to have all such vehicles towed away at the Owner's expense.
Section 11. Signs. No `.`FOR SALE' signs or any other signs shall be permitted on any lot or in
the common areas without the permission of the Declarant or the Board of Directors, except that
a sign conforming to the New, Hanover County Sign Ordinance may be placed by Declarant on
any Lot used by Declarant as a sale/rental office for the project so long as Declarant owns any
Lot in the Properties.
Section 12. Tree Cutting. No trees located within River Lure with a diameter in excess of ten
(10) inches as measured a the base of the trunk at the ground level shall be cut without the
written consent of the Architectural Review Committee.
8
Section 13. Restrictions on Jurisdictional Wetlands. The areas denoted as Wetland Preservation
Area shown on the recorded plat entitled "Wetland Preservation Plan for River Lure dated
January 26', 2006", for Colorado Coastal Developers, LLC, attached hereto as Exhibit , and
recorded in Book , Page in the New Hanover County Register of Deeds as
Wetland Preservation Area shall be maintained in perpetuity in a natural and managed condition.
This covenant is intended to ensure continued compliance with the mitigation condition of a
Clean Water Act authorization issued by the United States of America;U.S. Army Corps of
Engineers, Wilmington District, Action ID 200401134, and, therefore, may be enforced by the
United States of America. This covenant is to run with the landand shall be binding on the
Owner and all parties claiming through or under it, including, but notlimited to any adjacent
homeowner's or any homeowners' association to whom the owner may assign or convey its
rights. Modification of this particular Section 13 of Article Vl will require written consent of the
United States Army Corps of Engineers.
The wetland map referred to in paragraph one.of this>Section designates Wetland Preservation
Areas A, B, and C. Notwithstanding the provisions of this Section, the following activities will
be permitted in Wetland Preservation Areas A, B, and C, without°further consent of the United
States Army Corps of Engineers: establish and maintain pervious surface, nature trails; remove
noxious or poisonous plants such as poison ivy, poison oak; repair or remove storm damage
and/or dying or diseased vegetation and trees;; erect, build and maintain pile supported structures
no requiring permits pursuant to 33 CFR 323.3.
The following covenants are intended to ensure ongoing compliance with State
Stormwater Management-Permit Number referenced on`Exhibit A, as issued by the
Division of Water Quality under NCAC 2K-1000.
Section 14. Stormwater Management. The maximum allowable built-upon area per lot is see
Attachment Al square feet. This allotted amount includes any built-upon area constructed within
the lot property boundaries, and that portion of the right-of-way between the front lot line and the
edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, ?gravel, brick, stone 'slate, coquina, but does not include raised, open wood decking, or
the water surface of swimming pools. The covenants pertaining to storm water regulations may
not be changed- or deleted without concurrence of the Division of Water Quality. Filling in,
piping or altering'any vegetative conveyances (ditches, swales, etc.) associated with the
development except'for average driveway crossings, is strictly prohibited by any persons. Lots
within CAMA's Area of Environmental Concern may have the permitted built upon area reduced
due to CAMA jurisdictionawithinthe AEC. Each designated curb outlet swale shown on the
approved plan must be maintained,`at a minimum of 100' long with 5:1 (H;V) side slopes or
flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10-year storm in a
non-erosive manner, and maintain a dense vegetated cover. Further, filling in, piping or altering
any designated 5:1 curb outlet swale associated with the development is prohibited by any
persons.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater management permit. Alteration of the drainage as
shown on the approved plan may not take place without the concurrence of the Division of Water
9
Quality. These Covenants are to run with the land and shall be binding on all persons and parties
claiming under them. The Covenants pertaining to storm water may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Environmental
Management. No lot owner is allowed to pipe or fill in any swale or ditch used to meet the storm
water regulations, except for driveway culverts. Each lot will maintain a 30' wide vegetated
buffer between all impervious areas and surface waters. All roof drains shall terminate at least
30' from the mean high water mark of surface waters.
ARTICLE VII
WATER SERVICES
Section 1. Water Service. All lot owners shall be required to use water supplied by the
companies servicing the Properties for all household' uses.
ARTICLE VIII
ANNEXATION OF ADDITIONAL PROPERTIES
Section 1. Annexation of additional property shall require the assent two-thirds (2/3) of the
members at a meeting duly called for these purposes, written notice of which shall be sent to all
members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
ARTICLE' IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association,, or any Owner, shall have the right to enforce, by any
proceeding at a law or in equity, all. restrictions,- conditions, covenants, reservations, liens, and
charges,now or hereafter imposed by the provisions of the Declaration. Failure by the
Association or by any owner to enforce'any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in,no wise affect' any other provisions which shall remain in full force and
effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and
bind the land for a term of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive period of ten (10) years each.
This Declaration may be amended during the first twenty (20) year period by an instrument
signed by not less than ninety (90) percent of the Lot Owners, and thereafter by an instrument
signed by not less than seventy-five (75) percent of the Lot Owners. Any amendment must be
recorded.
Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions
10
will require the prior approval of the Federal Housing Administration of the Veterans
Administration: (a) annexation of additional properties, (b) dedication of Common Area, and
amendment of this Declaration of Covenants, Conditions and Restrictions.
Colorado Coastal Development Company Date
11
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
SUBDIVISION: River Lure Subdivision is located in , New Hanover
County, North Carolina, consisting of residential lots ( through , inclusive).
The undersigned Developer and Seller does hereby certify that there are various public streets
shown on the above-referenced River Lure Subdivision map and that said public streets have
been approved by the State of North Carolina Department of Transportation, and that the streets
have been constructed according to the standards for subdivision streets adopted by the Board of
Transportation for acceptance on the highway system.
The undersigned Developer and Seller further certifies that said streets will be dedicated as
public streets under the New Hanover County Subdivision Ordinance and that said streets are
defined as public streets for the purposes of maintenance as they are related to the County and/or
State Highway Department.
The undersigned Developer and Seller fixrther certifies that it will file an application for
maintenance of the streets by the State of North Carolina Department of Transportation. Further,
that until such time as said streets shall be adopted by the County and/or State Highway
Department for acceptance into the Highway' System, the responsibility for maintenance and
repair to said roads shall be borne by the Developer and Seller, except for the entrance island,
which shall be the continuing responsibility of the River Lure Homeowners' Association, Inc.
IN TESTIMONY WHEREOF, Colorado Coastal Development Company, a North
Carolina corporation, has adopted as its seal the typewritten word "SEAL' appearing beside its
name and has caused this instrument to be executed in its company name by its authorized
member/manager with full authority to act for all of its members and managers and said
member/manager has hereunto set his hand and seal as the act and deed of the limited liability
company, all on the day and year first above written.
12
ATTACHMENT A
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H.500, the following DEED NOTIFICATION shall be
recorded in the New Hanover County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in New Hanover County, North
Carolina as shown on plans titled River Lure prepared by (insert name of
designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall. conform to
the requirements of the sate rules adopted by the State of North Carolina in force at the. time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shalt report the name of the
subdivision in any application pertaining to said rules. This covenant is intended to ensure
continued compliance with all rules adopted by the-State of North Carolina and therefore the
State of North Carolina may enforce benefits: ,This covenant is to run with the land and shall be
binding on all Parties and all persons claiming under them.
Signature
Owner's Name
Address:
City, State, Zip Code:
Phone Number:
Date
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Triage Check List
Date: 3/22/06
Project Name: River Lure SD
DWQ#: 06-0405
County: New Hanover
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 3/21/06 to 5/19/06
From: Cyndi Karoly Telephone: [phone]

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!
Soutkern Environmental Group, Inc.
F nvironmental, Development & Conservation Advisors
Transmittal 9*?R_0
ou !11?0
Date: March 17, 2006 Mq ff
zoos
To: Ms. Joanne Steenhuis QR. wpr .. aUpL!
Of. DWQ STc , i1> e
??--o as
Re: River Lure (DWQ Project #: 052
Cc: Mr. Ian McMillan os - a I O? % -> ?TP_b__L_d 4-D a-P PL
J S R,e -E sn. c-Lo 4 &,-UD L -vL K'+
? Urgent 0 For your review / records ? Please comment ? Please reply / call ? Complete and return
Comment(s):
Joanne:
Attached is the response package that was put together for the proposed River Lure subdivision. Included you
will find:
• Revised Pages 4, 5, 6 & 7 of the Pre-Construction Notification
• Revised Preliminary Plat
• Revised Impact Areas and Cross-Sections
• Building Footprints for Questionable Lots
• Preservation Map
The deed language that was requested by DWQ is currently in review at the Army Corps office. Once we have
ascertained its acceptability, we will submit copies of the proposed language to your office. Thank you for your
time and consideration with regard to this project Should you need anything further, I can be contacted at
910.452.2711.
Thanks,
SF G?
ti i 1 5 50uth ('011'-'??.
?uite
V'Vilmin?ton. No tk ?.aro?u v? 2s-i 1
www. SC gim"
From the desk of:
Amanda L.. Kolb
910.452.271 1 (office
910.452.2899 (fax)
910.228.1 310(mo6i1c)
[e-mail]
NOTICE ------
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this document or the information contained within this document is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone and/or e-mail and then destroy the original communication in an
effective shredder or return the original communication to us at the above address.
Please call if the communication is illegible or incomplete.
5outkern Environmental Group, Inc.
53 1 5 5outk College Road, juite E- . Wilmington, Nortk Carolina 28+12
.910.,+52-2711 • rax: 9 i 0.452.2899 [e-mail]
www.segi.us
March 17, 2006
United States Postal Service
Mr. Ian McMillan
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
SEGi Project-: 04-178.01
Re: River Lure Response Letter
DWQ Project # 052198
L> s 'e±L)- ? A-u 0-P PL
L»,, mew ?a?;-?
Dear Mr. McMillan:
This letter is in reference to Colorado Coastal Developments property in New Hanover County,
North Carolina, and the proposed wetland impacts for the completion of road crossings within
the proposed River Lure subdivision (DWQ Project # 052198).
On 09 February 2006, our office received the Incomplete Application notification. At this time,
we would like to respond to the following requests stated in that notification:
1. The application should be a CAMA Major application. The project application is
proposing "development" with the 575' of Outstanding Resource Water (ORW)
limits of the Division of Coastal Management (DCM). It is my understanding in
talking with Robb Mairs, the DCM field rep for New Hanover County, that the
application has already been submitted by SEGi. Incorporate the following
requested information into your CAMA application for a complete application.
A copy of this response letter and accompanying package was furnished to
Mr. Robb Mairs of the Division of Coastal Management on 6 March 2006.
2. The road crossing between lots 3 & 4 and 33 & 34 is a stream channel. The
application does not show the width of the existing crossing and the proposed
crossing. The impacts for the proposed crossing have not been included in the
application. These should include the side slopes necessary to stabilize the road fill.
There is an existing 16 foot pipe that crosses this stream channel. Our
SEGO
8. For the driveway access and utility line easement wetland impact shown as "E" on
the proposed project, the impacts in the profile show only a 12' impact, does this
include the side slopes necessary to stabilize the road fill or will there be a retaining
wall? Please show in the profile drawing how the road fill will be stabilized.
The proposed impact to Impact Area E has been corrected and scaled.
There is fill associated with this Impact Area. It will be used to cover the
proposed culvert (see Attachment C).
9. The existing roadside ditches are not shown on the plan. Some of these are
wetlands, how are they going to be impacted? Are they all to be filled?
There is a stream channel that is located in the wetlands. There are also
roadside ditches that are not considered jurisdictional waters. All impacts
have been accounted for and are reflected in the revised permit (see
Attachment A).
10. The EEP mitigation is for non-riparian wetlands, with the unnamed tributaries to
the ICWW (ORW) would the impacts be considered riparian? You should contact
Jennifer Frye for that information.
In speaking with Ms. Frye, it was determined that she would prefer on-site
mitigation. Therefore, the client is proposing to preserve 1.43 acres of
wetlands, and to also conserve 0.84 acres of wetlands. By combining
preservation and conservation, the client feels that this offer of mitigation
more than satisfies the criteria set forth by the Corps with regard to the
10:1 preservation ratio. We have attached a preservation map denoting the
areas the client wishes to preserve (see Attachment E). The draft deed
language is currently under review at the Army Corps of Engineers. Once
we have ascertained its acceptability, we will furnish you with a copy of
the proposed language.
11. Please provide a draft copy of the preservation language, restrictive covenants, deed
restrictions, deed notifications or preservation language (if required by the Corps)
for the remaining wetlands on the property.
The draft deed language is currently under review at the Army Corps of
Engineers. Once we have ascertained its acceptability, we will furnish you
with a copy of the proposed language. A copy of the preservation map is
included with this response package (see Attachment E).
sr-6I
Hopefully, this will fulfill the requirements necessary to complete the application packet. If
further documentation is needed, please do no hesitate to contact our office. Thank you for your
time and assistance with this project. We look forward to hearing from you.
Sincerely,
-AMQ,1? 7?( . 164-??D
Amanda L. Kolb
Staff Consultant
CC: Ms. Joanne Steenhuis
I
SEGO
Attachments: A.) Revised Pages 4, 5, 6 & 7 of Pre-Construction Notification
B.) Revised Preliminary Plan
C.) Revised Impact Areas and Cross Sections
D.) Building Footprints
E.) Preservation Map
impact in Section VIII below. If additional space is needed for listing or description, please attach a
separate sheet.
1. Provide a written description of the proposed impacts:-
Impacts A through E are needed to complete the roadway and give property owners
access to their lots. Impact F is a proposed culvert, which will preserve the hydrologic
connection. Impacts G and H are temporary impacts associated with utility easements.
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 0.043 Yes -450 Pocosin
B Fill 0.024 Yes -450 Pocosin
C Fill 0.003 Yes -450 Pocosin
D Fill 0.012 Yes -450 Pocosin
E Fill 0.021 Yes -450 Pocosin
F Fill 0.002 Yes -450 Pocosin
G Temporary 0.050 Yes -450 Swamp Forest
H Temporary 0.150 Yes -450 Swamp Forest
* 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://wNvw.fema. goy.
*** 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:
210,830.4 ± square feet (4.84 ± acres)
Total area of wetland impact proposed:
13,285.8± square feet (0.305 ± acre) including temporary impacts.
4,573.8± square feet (0.105± acre) of permanent impact.
8,712 ± square feet (0.200± acre) of temporary impact.
Page 4 of 9
3. Individually list all intermittent and perennial stream impacts below: 146 linear feet
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
1 (Crossing at Maintain existing pipe & 57 Unnamed Tributary
4'
Intermittent
Lot 34) culvert
add to AICWW
2 (Intersection of Culvert 89 Unnamed Tributary 4' Intermittent
Roads) to AICWW
* 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
NaX%'w.usgS.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., wNyN y.tonozone.com,
www.map(tuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 146 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: Not Applicable
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody

applicable)
(if 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: Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be included
above in the wetland and stream impact sections. Also, the proposed pond should be described
here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-
down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Page 5 of 9
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.
Wetland impacts were avoided to the greatest extent possible by planner. Wetland fill is only
proposed for portions of roadways where no route through upland is possible. In addition,
proposed roadways shall be built not to exceed the minimum DOT standard width. All
impacts will be within local setbacks and consistent with zoning regulations. All impacts will
also be in accordance with state stormwater regulations.
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
11ttp://h2o.enr.state.nc.us/ncwetlands/strm gide.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.
Page 6 of 9
In addition to preserving 1.43 acres of wetlands, our client is also proposing to conserve
0.84 acres of wetlands. By combining preservation and conservation, the client feels that
this offer of mitigation more than satisfies the criteria set forth by the Corps with regard
to the 10:1 preservation ratio.
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):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres):Not applicable.
Amount of Coastal wetland mitigation requested (acres):Not applicable.
1. 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 ? No El
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.
Page 7 of 9

WETLANDS IMPACT AREA A
\\ ? .4 i i ` ? Ja i y +4 a4\ \

1,861 SF (0. 04A C)
CURB AND GUTIER•
6" ABC STONE

4
B" WATER LINE
STA TION 13+50
-40 -20 0
WETLANDS UNE
m m

12
GRADE
A4
COASTAL
SITE
DESIGN, PC
VOWED"
MOD 11NNp
Cd.am/immal L
PA D. 4041
?0. Mc mbe
0o rn?i
8 a

o i

1

1/2" SF9.5A
4
8" SEWER LINE
'

20 .......................
40
DAIS 8-11-0.7
Hau SaVL. 1'- 10'
lfAr. STN- 1- 4'
40 20 0 40 80 120 auDri Dr. Al Y
a+ram er. 1rov
cAU[rr1.n: w-aoze

40'
SCALE IN FEET
1 " r.? .8
.
=

WETLANDS IMPACT AREA B

COASTAL
1 SITE
DESIGN. PC
r
COI.fAQY /Al4FDMl
m-+wl

o LOT
6,45 .4% 1

6
7
.

S TA TION
15+00
.
1
176 SF (0
OJA C) ise oil,
1
.
8 8

CURB AND GUTIER --' ---- EXISTING GRADE

"
6
ABC STONE
4 4
"
"?1 112" SF9.5A
3 ..... .......
8" WATER LINE
8" SEWER LINE
0 ............. ................. ..... ........ _ ...................._ .................................. ..._............ 0
-40 -20 0 2 0 40
1
WETLANDS UN
DA. 111-0

WETLANDS UN
° -
rave F r =
M 4'
40 20 0 40 80 120
a+eam ar. Nsa

SCALE IN FEET
1"= 40' nxurinn: D.-aaae
r.? ? s
.

WETLANDS IMPACT AREA C •
COASTAL
r SITE
i DESIGN, PC

LA*

'
LOT ra =.. IM
45E
46
,

/ j
a4 a4 .4 ,V - 1111

145 SF (0.003A C)
STA TION 15+25

8' 8
EXISTING GRADE
CURB AND GUTIER -=--
..

6" ABC STONE
4
4
8" WATER LINE
1 1 /2" SF9.5A
WETLANDS LINE 8" SEWER LINE
^ WETLANDS UNE

0 p
!
-40 -20 0 20 40

'.4'
40 20 0 40 80 120 Y" er. a"
a?acm er, rrsr

SCALE IN FEET
• 1 "= 40' prtacerea w-anae
3 6
`?-`-
.

WETLANDS IMPACT AREA D •
y i COASTAL
?. SITE
DESIGN, PC
ftb
RA~
er. +on
P
O
.
.
xc aetoe

/ w
r ! ?` ?. '
K ? ? ?1?
-•
?
518 SF 0.01 AC

STA TION 11+50

16 16

EXISIING GRADE
CURB AND GUTTER
12
12 e
6° ABC STONE 1 112" SF9.5A
8" WATER LINE 3 3
8" SEWER LINE
8 8
?o t
WETLANDS LINE
-40 -20 0 20 40

°AM °-II-OS
HWZ SCAIB 1- 00'
40 20 0 40 80 120
rarturm °r. rest
r+9oicrr aa: ot-aare
SC
IN FEET• 1 "
40'
=
ALE

WETLANDS IMPACT AREA E •
COASTAL
SITE
DESIGN, PC
?( ,! PA Ba 4H
,........
/" wnn?mn ec m+ro

- 907-SF-(0.02AC) -
a
5???aa
a°p $
STATION 3+50 ?= s

..............
16 16 EXISTING GRADE

1 " SF9.5A
'
a
"
'
(2) - 20 LF 15
RCP
S
6' ABC STONE BURIED 20%

12 12
SEWER LINE
.................

8" WATER LINE ..__......__._....... _....

o ._.................
o
o .._.

WETLANDS LINE

8' 8
-20 0 20
eAM 0-11-0
HM SOIIL / - IM
wxr. xvm 1% I'
40 20 0 40 80 120 auew en Mw
Gl£IXm BM H9P

'
" PNOfLf Atli: 01-PDSe
SCALE IN FEET: 1
= 40

WETLANDS IMPACT AREA F •

COASTAL
SITE
_ DESIGN, PC

WPlMUL /A®OIIUI
P
/dl
e B.
.
P P m-M41

66 SF (0.002 AC) _,.

m m m m \ ..,?? S 5 AMR
[[
$
ppo
?j
$$
S S
$a e
k
k y
a 9
1 A I '. 1 I rJ .,

ENERGY DISSIPATER DIMENSIONS
L
"
MIN STONE SIZE = 2
MIN. APRON THICKNESS = 4.5"
APRON LENGTH = 14 FT
WIDTH OF APRON AT PIPE OUTLET = 6 FT
WIDTH OF APRON AT END OF APRON = Z6 FT
e

OA/C 1-11-0
Nn z sCNf 11 M'
Mr. MUD 1- 4'
40 20 0 40 80 120
mrarm er. rlsr

SCALE IN FEET: 1 "= 40' v?ttctna a-avs
6 "6
`1

TEMPORARY WETLANDS IMPACT AREA G .

COASTAL
SITE
DESIGN, PC
LAW
mmma/m=m
'.? P.O.1011

f
3 +l?k
iig

Y All

405 SF 05AC)
2
(0. STATION 1 +50 a
,
8 8
EXISTING GRADE
EXISTING GRADE
a
4 4
EASEMENT LINE EASEMENT LINE
8" WA TER LINE o °o
0
-40 -20 0 20 40

0AM 2-07-70
sr" I : 10'
WXr.. =W 1% +'
40 20 0 40 80 120 pu w er. Alw
a?cr¢u er. nsv

SCALE IN FEET
' 1 "= 40' rAaccrna: ar-a?u
.
'IkI,i Ilow
NAT T17 SCALE
s
1
7, 14?
D?
h^fiK't=?i?r I?ry{A ?K?t?'1r?H ?
L
40 X 40 F007PRINT
KITH 10 FT DRIVEWAY
20 FT BUILDING SE

\
\
-BELANDS LINE \

40 20 0 40 80 120
SCALE IN FEET: 1"= 40'
COASTAL
SITE
DESIGN, PC
DgCF*IRM
LAW PL~
PA B. 4041
M *ql- 11^11 2810,
(,10)xz791-4N1
La ' l
om
o ? dK
0 3 F?
,
m
8
a
s=
k
Z 4izgd
C (?iJ?! {i Zin?o?
DAM 02-10-06
N09Z SCALE 1'- 40'
WRL 5^N A
ORA,N Br RCW
CMpciD Br. H9?
PROXCT N2 04.02'6
E-,1 -I
?••N11 F FV ScA! E
V
1
i /
I
i
i
i i

20 FT BUILDING ACK
19
515 AEC LINE

10 10 FF Uf1DfNC SETBAC1(
KFTLANDS LINE
VEIIANDS LINE /
21
8
22 i i
? I WETLANDS
L t ! i i I ,.I i t i i i r
15 FT TIDAL MARSH
40 X 40 FOOTPRINT
WITH 10 FT DRIVEWAY
40 20 0 40 80 120

CONSERVATION SETBACK
23
1
COASTAL
SITE
DESIGN, PC
D024mm
"W KAYr10
071FRCSAL / axe=
PA S. ION
16*
(i10) o - 791-25106
-N41
O m Ih?
m 4
E
CO> Ny,V?0
82Z?
DAM 2-10-05
haRZ WALE 1- 4C
117T. =4LE: NIA
DRAMN Or RIM
CM-C1SD Or. N9t
PRaMNa: 01-OM
r rJ
LOGA770N SAP
Nar T17 SCALE KETLANDS LINE
21
g i
20 FT BUILDING SETBACK \ I
22 WETLANDS \
20 FT BUILDING SETBACK i
r i

\fRAMOS ONE
WETLANDS OI
40 X 40 FOOTPRINT
WIN 10 FT DRI"E AY
575 AEC LINE
40 20 0 40 80 120
SCALE IN FEET.• 1"= 40'

`75 Fr TIDAL MARSH
CONSERVATION SETBACK
COASTAL
SITE
DESIGN, PC
DA"Jf om
LAND PIA'MC
cno.,au/Rm mu
PA B. IDN
?II?? N?THItl
?o
? eft
z ?
9 '
m ? ?I I
b
D
S ? 7CpYS.?
FAA
h( .D
210
cu t 110"
- J, k 9
DAM 2-10-06
HDRZ SCAM 1'- 40'
or.. S:11L• N/A
DRANN DT` RLW
UfECAM Dr HSR
Maczr Na: Desna
-ij -1

TEMPORARY WETLANDS IMPACT AREA H •
COASTAL
SITE
` ! I I DESIGN, PC
1

I
6-00 PA Is /WI
OnIMw, NC 7!101
0) r%-1«I

a a{

J vii
61596 SF (0.15A C)
STATION 4+50
8 8

EXISTING GRADE
/

4
- G
4
EASEMENT LINE
EASEMENT LINE

..
8 SEWER LINE 0 f 8" WATER LINE

0 d
-
-' 0
-20 0 20

DANE Y-07-OS
wrr. scve rt .'
40 20 0 40 80 120
LMLi(ED BM NSR

SCALE IN FEET
1 "= 40' rxncrrna: w-aaae
`I "?
:
SIREAM WNW,,
K ANDS LINE
...: ? Lam..
-1 n
(2) - 42 LF CLASS V 30'
N17H FLARED END SE(
8" WATER UI
FlN190 GRADE
INTERFERENCE STRUCTURE
GRADE
F LASS V 30" RCP'S
I FLARED END SEC71ONS
ORM WATER PIPE
1+00 0+00
50 25 0 50 100 150
SCALE IN FEET.• 1 "= 50'
of
/ MEN CHANNEL
34
USING GRADE
8' SEVER LIN
0+00

SHED ROAD WAY
RCP BURIED 2OX
WATER LOVE
NDS LINE
CHANNEL
•
COASTAL
SITE
DESIGN, PC
LAW A
P.O. 8.4W
$ ? al;
iG
1
1+00
OAR' Z"/"
° Z SCV£ /'- SO'
m.. scve i - a'
50 25 0 50 100 150
SCALE IN FEET: 1 "= 50'

•
COASTAL
SITE

r r
+ /
r r r DESIGN, PC
rA a/ON
NC 10101
r r r A,

r r
r
r r r r / a
r r r r

?
r r
;' S
r r
r WETLANDS

r r r r
6,203 SF UPLANDS

r
r

r r
r r t r r r r ? ?? f13p? y?

r r
r ? r r r r A

` r r r
/ r r -A
/ ?

r ? r ps
d
RR
\
30 X 30 BUILDING SHOW IN RECREATION AREA IS ONLY A VISUAL
AID TO SHOW THAT A BUILDING WILL FIT IN UPLANDS POCKET AND IS BY
NO MEANS THE FINAL DESIGN OR LOCATION OF STRUCTURE. V4W
mm =a,Z0
40 20 0 40 80 120 pPAm °11 a"
accxna er. rrs1

SCALE IN FEET
1 "= 40' slueerxa oF-wir
r
•
:

O LO r
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:-
Impacts A through E are needed to complete the roadway and proRem owners
access to their lots. Impact F is a proposed culvert, which will preserve the hydrologic
connection. Impacts G and H are temporary impacts associated with utility easements
2. Individually list wetland impacts below:
* 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 (FH M),
or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at
http: //NN,wW.fem a. -aov.
*** 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). .
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 0.043 Yes -450 Pocosin
B Fill 0.024 Yes -450 Pocosin
C Fill 0.003 Yes -450 Pocosin
D Fill 0.012 Yes ^450 Pocosin
E Fill 0.021 Yes -450 Pocosin
F Fill 0.002 Yes -450 Pocosin
G Temporary 0.050 Yes -450 Swamp Forest
H Temporary 0.150 Yes -450 I Swamp Forest
List the total acreage (estimated) of all existing wetlands on the property:
210,830.4 ± square feet (4.84 ± acre
Total area of wetland impact proposed:
13,285.8± square feet (0.305 ± acre) including temporary impacts.
4,573.8± square feet (0.105± acre) of permanent impact.
8,712 ± square feet (0.200± acre) of temporary impact.
Page 4 of 9
t
t'
3. Individually list all intermittent and perennial stream impacts below: 146 linear feet
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leases eci
fy)

1 (Crossing at Maintain
existing pipe &
57
Unnamed Tributary
41
Intermittent
Lot 34) add culvert to AICWW
2 (Intersection of

Roads) Culvert 89 Unnamed Tributary

t
AICWW 41
Intermittent
o
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 losstgain), 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
WNVIV.usas.20v. Several internet sites also allow direct download and 'printing of USGS maps (e.g., Nvww.tooozone.com,
xvww.mapgaest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 146 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: Not Applicable
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
hnpart
acres Name
(if applicable) Wateplicabllee) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

List each impact separately ana iaenuiy temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding,
drainage, bulkheads, etc.
5. Pond Creation: Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be included
above in the wetland and stream impact sections. Also, the proposed pond should be described
here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-
down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Page 5 of 9
!-
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.
Wetland impacts were avoided to the greatest extent possible by planner. Wetland fill is only
proposed for portions of roadways where no route through upland is possible In addition,
proposed roadways shall be built not to exceed the minimum DOT standard width All
impacts will be within local setbacks and consistent with zoning regulations All impacts will
also be in accordance with state stormwater regulations
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
hLtp://I-i2o.enr.state.nc.us/i-icwetlai-ids/strrnaide.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.
Page 6 of 9
s-
In addition to preserving 1.43 acres of wetlands, our client is also proposing to conserve
0.84 acres of wetlands. By combining preservation and conservation, the client feels that
this offer of mitigation more than satisfies the criteria set forth by the Corps with regard
to the 10:1 preservation ratio.
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 littp://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):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres):Not applicable.
Amount of Coastal wetland mitigation requested (acres):Not applicable.
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 ? No n
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.
Page 7 of 9
F ?A
A
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1~ERFORMANCr DEVELOPMENT' 1,>C ~ a
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~ LOiS ARE SUB<ECT TD A 10 FT UTM11Y EASEMENT ~ : s~ 4 Au w o~~
AtoNG Ail STREET RH4TT of WAYS 0, ~ ~ ~ E
5. PM)# R0190B-003-078-000 s. ELEYAITQNS ARE RELATIVE TD M.sL. (NA.Y.O. '29)
PROPOSED 7. NO CONSTRUCTION SNALL COMMENCE UNIa A PETBOT IS U OBTA9+M~D UNDER ~ NAR1H CARO!AVA DEPARI~NT OF ~
FIRE HYDRANT ~ Y ' - i AND NATURAL RESO~S SEbI- O HEALTH, ENNRON~N ( 1 MENTAITON POL[U11AN CONTROL ACT OF 1973). tt
'~i AS~MBI. MJ
` PROPOSED SCHOOL NCOOT 10'X70' ~ ' ! i BUS STOP SHELTER ' ~cHr TRIANGLES !i p1Y OF NN.IMGION WATER. Q W ,
L _ ~pp 9. NEW HANOVER COUNTY SEVER. ~ o o ~
ROOD NE 10 PRELMrINARY - NOT FOR RECORDATION, CONVEYANCES OR SALES Q ~ ~ j ~ - ~ V LU ~
0.11 Ac AcnvE ~ OPEN SPACE 2 WATER MAI tOTS it STREET R.AW. 13.89 AC.t 11. AREAS PARTIALLY AGCUPiED BY STRUCTURES ) p ~ ~ ~ SPAf~ NOT DE~IAIEb P AIWA = 1.14 ACf ~ = W AREA OF OPEN ( ) ~ o ~ ~
(TYPICAL) 575 fT AEC 30'30HE Jp - MJSTALI.ED MV ACCORDANCE W>H ~ ~ ti ~ N rn 12 WATER ~ SEVER 10 ~ V) o ~ ~ ~
~ 8 WATER MAIN A ~ ? IMPACT AREA E ' TYPICAL ~ 16 84Fti ~ ~ ( ) ! FS \ 1248 SQ Ff S N.GD.AT. POLICY AND PROCEDI~ES FOR All UIMIIM:S 2 Z Q cn U ~ U I
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~ OlW '•.58831., N~ _ fq~ O1, ~ FNT 1,~ DRAINAGE EASEwfIN15 Aid DRAMVAGE MB•RASTRUCRIRE o ~ ~ Y Z ~ ~ z oQo
~ ~ e o 0.05 AC ACn ~ ~ ~ ~ ~ N ~ 14 ~ (E ~ ARE sl~,ECT >n REHSIOONI~rEI.ocAT?aN as a z ~ ~ o Q ~ I o CAON PUN APPROVALS. ~ o Q c~ o RESULT aF FLNiNtE STATE AND COUNTY CONSiRU ~ o U o: ~ Z rn
OPEN SPA Port of \ 20 S£? PROPOSED \ R079oe-oo3-022-000 \ ~A FlRE NIDRANT . \ ? 5683 , . ~ J w o.-_m
aria a«ee 1 ASSEM9LY 13 10 `T3S' W ~ . 1$ F 14. S1REE1[K,T11S SHAM BE MVSTALLED IN ACCORDANCE W1H ~ ~ ~ ~ v- ~ . k NEW HANOVER COUNTY REGUU110NS. a Z ~ O ~ ~ ~ Q
. ? .h~ 4w p \ ~ ~ ~ ? rio00oo ueE Q~:~p U 4~ 15 TYPE HOUSM~ = SNYIA < Feua y z Q Z
~ o°j 31 ~ 2 \ . ~ ~ ~ pip ` ) N YORANT ~ ~ ~ APPROX / BEbR00MS = 111 = W , .
Wetlands ~ ~ ~ Fl H 2Q _ _ , ry r ~ ~ ~ • area a y' A Y Sfj~ . . . . ~ ~ ~ 3 ! 2 acres 12 r ? w Q 3 ~ 16. PARK AREA REDUMtFD = 371415 X R03 = 1.11 AG REOb (1.29 AG SHOMN) a ~ o W O
~ i r 18 rr \ AC11Vf PARK AREA = .56 AG REQb (0.57 AG SHOMN)
~ y . PASSIVE PARK AREA = .56 AG REQb (0.71 AG SNOMN)
19 17 NO SIl~1CANT iREES 24' OR ABOVE OR Fl.OMERWG TREES ~ = . ( ) (~~t aa~a.,
~ 6 ~ r _ ~ r r 8' OR ABOVE) MERE OBSERVED MI1fMN STREET RIgIT-0F-WAYS ~ ,s°""-; '"°d~~'~~ S_~ 9
~ ~ . , it . 20 ~<:f,, ? \ 35 p \ ~ 518 SO FT r ~ . A lO BE DEDICATED 10 AND MAMVTANrED BY r n .Y 18. ALL OPEN SP CE fMPACT AREA H = 1HE HABE ONl~RS ASSOpAT1AN. SEAT.
o \ \ 7 r r P~' ~ e 8,598 SO Fi' O
~ ~ ~ / • ~ ~ f ~ ~ M 4 a 19. 1HIS SIZE IS LOCATED MITTMFi ZOt+E' X' AND AE' ACCORDNVC 1O lI:MA "
8" SEVER MAIN ~ ~ g ~ ~ ~ F _ . 2p• ~ . CONY PANEL 370188 3143 J PRETJ~URY EffECIIVE DAiS: APRM. 1~,10~, , ~ t`~N ~i 1001'EAR f100D ELEVA110N = 12 FT '~°'r . . .
TYPICAL ~ , ~ / ? ~ ` , ~ 0.41 AC . - ~ ~ w4ti ? \ _ ; ~~OPEr1 SPACE ~ . / ~ ~ :i ~
~ ~ 21 2 cre . 1A ST01dUWAlER MANAGEIM:NT lO MEET NEW HANOVfR COUNTY PRE/P~T ~~r~~.ttail~+ cre~ DEVELOPI~NT REp'1VT5 FAR TTY 2-YR, 10-Y1~ AND 15-YR sTORa1S.
~ SED , • o ~ TUWD LINE ~ ~ COASTAL Mf 21. ALL SEVER 7O ~ 8 .
? STREAM IMPACT - 57 FT ~ . ~'j T - - - - r` v FlRE ft % m 31 ASSEMBL ~ ~ . ~ o o
~ - ~ ~ ~ 22 a° o . - ~ 0 22 CUSS IV SONS ARE TiT 8E tEFT JN i~ NANRAL STATE
\ 30 ~ ? ~ ~ 9CN', ~ Q22 AC PASSI ~ Q - - . 23 1DP0~1AP1NC SURIE.Y BY GEOMiVOVATiOM SURVEY SOLUIION~ PLLG ° °
o IMPACT AREA A = w i • 14. HOUSES MNJ. TYPICALLY 8E 1fMIEE E1fDR0011 STRUC d O r if h N d
' ' ' 1,861 SO I.7~ ? ~ I I 23 28 ' . 25. PARKM4G IMLL BE PROVMIED MV ACCORDANCE MITH ZONMYO ARDMVANCE ~ ~ N ~ ~ ~ ~ Q
d a ` ~ ' STREAM IMPAL'T = 89 FT' AND NMl MEET NEW HANOVER COLMVTY N N ~ N N ~ N ~ ; ?6 TREE SURVEY TCI PERFORMED o 0 0 0 ~ O O , • y REGrARt>~ITS
N88 ~ • FI 27 ~ ~E'; S01'09'43"W • 58.94Ft. 27. PROJECT TO MEET SUJE DENR DMO STOREIWAIER MANAGEMENT
LOW DENSITY REQUM~IIS
. . IMPACT AREA f = . _ HYDRANT lO t~ MVSTAtLED FOR fUIURE FIRE PROlEC110N SERVICE . 28. EIRE
i? ~ V 66 SO FT ` - - - - - ` . APPROVALS FOR CONNECTION lO NEW HANOVER ~ • 29. PRA,ECT HAS PREL~FIARY o
r IMPACT AREA C = 145 50 FT' ~ COIRITY PL~1C SEVER AND C,'TY OF NIUfNVG10M PUtM,iC WRIER 4 a ~
Q50 AC PASSIVE' ROAD DESIGN TO CONFORIf lO MMMMUM NOT REQUMTEMEIJIS ~ z ORMAL HiGH WATER IJNE ~ ~ w FOR CROSS SECTIONS; HORIZONTAL UYOUT, AND CONS1R11CiKJN STANDARDS ~ ~ ~
OPEN SPACE' . * ~ 24 _ tv ~ ROAD 10 MEET MM~RAI NCDOT w a g 31. DRIVEWAY CONDIECIION TO EJOSTWG PlM9JC o ~
IMPACT AREA B = . 3 . RE 1S ¢ ~ o z • 3 ~ ~ U
ACTIVE OPEN SPACE ( 1,036 SO FT J. - ' ~ W ~ ~ N N ~ '--12 FT PRIVATE ACCESS RIVE FOR LO 32 JABS TAYLOR, ROBB MASS AND JASON DAM. DELINEATED 11# NO>Tjllil HIGH WATER ~ a o N N W W ~ Z
2 0 ~ ~ iv ~ ~ i r ~ ~ ~ 25 ' a ~ ~ ~ N AND COASTAL NEiLAND 191ES AN 12/20/x. w a q • N ~ ~ ~ W W
to PASSIVE OPEN SPACE ~ • . f`1 O W ~ Z ~ Z In ~ Ul _ R Z W ~ ~ ~ Y
~ , _ I D U Z K Q
_ ' U U Q ~ N ~ ~
IMPACT AREA G = - . WATER MAIN 2405 SO Ff MARSH CANSERVAITON SEI6ACK a z ~ 3 w . 75 Fr nDAL ~ vi rn ~ °z °z z ~
WITH VALVES ) • • ~ O W W Q' Q Q ~ O COASTAL VEIUND LINE
_.J_.-- ' SANG COD UNE ~ a w W J uWi --"--EXI ~ ~ F- 1- 3 Z Ul d
FIRE HYDRANT ~aa
2"BLOW OFF RAO ~o.a~W~~ o 31 F1 ~~~ia~zz
~q0 ° o 0
REDUCER & GATE VALVE F~ 5 ~ ~ to
~ 0 5 5 5 5 0 5 5 ~ W W W W J W W a~~~~a~rr
Rp9
SANITARY SEWER MANHOLE & MAIN C 35 F1 ~s Fr O
C X90 Z rorma~tM~rn
STORMWATER CURB 40 fT RAW
INLET 40 fT RAW ZDF? ZOfT 22' 9' W
STORMWATER !1 FT 1MPACT5 MEIUNDSIMPACTS ~rl`~•~'~~,"'` ~"i,4lNUTON. C ~ STREAM
JUNCTION BOXES 14 FT 14 FT 11 FT CROSSING AT LOT 34 57 FT PERMANENT IMPACTS A,B,C,D,E,f 4,814 Sf (011AC) w1.1'' O E} 2~~~ DATE.• 8-30-05
12ff 11 FT 9Ff 9~ 12' 12" lOT LINE INIERSECII~ OF ROADS 89 fT TEMPORARY IMPACTS G,H 9,001 ST' (011AC) 40' R W
HORZ. SCALE.• i"= 100' TOTAL 146 ~ 4.84 ACRES OF NE7LANDS EXIST ON 511E VER7: SCALE: N/A
- CENTERLINE OF RIGHT OF WAY 1 i/2' SF9.5A 11/2' SF95A
NOTE 1NiS DESIGN IS LIMITED TO LOOP ~RdWN RY• J.ST
CUN fUUft LINt 6t tL[vn uvv ~ /4/ J ! t 4•/ fl. i/~/'F " rL 11` ROADS AND CUL-DE-SACS 0.2
MILE OR LESS IN LENGTH. CHECKED BY. HSR
DRAINAGE FLOW g' ABC 2 MOD~'IED VALLEY bfa* D YAiIEY 6` ABC MODFIED VALLEY 6 1/ 40' R\W
II
- 30 DRAINAGE EASEMENT I- ~ MODIFIED NCDOT 100 50 0 100 200 300 TYPICA-IL CUL-DE-SAC PROJECT NO.: 04-0028
26 FT G-G NCDOT 20 FT G-G CURBING NOT TO SCALE
F15 SCALE IN FEET: 1"= 100' Sheet No. Of
STREET CROSS SEC77ON -STREET CROSS SECRON I NOT TO SCALE
NOT TO SCALE NOT TO SCALE

NOT TO SCALE
NCDOT CATCH BASIN STD.840.02
w~ 1'-0" o I STD.CURB
iv N TRANSI110N EXPANSION „SECTION
Site SECTION JOINT_,,.,.1 -0
~
r ~ ~ Z 10'TAPER ~ ! : ~ 10'TAPER ~ i o 3 -1 1/2
Q g W PLAN VIEW W>a
~ W ZU 0
~ FRAME, GRATE AND HOOD CURB a
~u ~ NORMAL GUTTER FLOW l1NE NCDOT STD. 840.038
f FRAME & GRATE
ENGINEERING
~ i L OPENING i LAND PLANNING
i; ler------------------~ I I I ~ ~ I DEPRESSED COMMERCIAL / RE5/DENAAL
t. ~ i a ~ cuTTER P.Q. Box 4041
I PRECAST I I I I . CONCRETE I I I I Wilmington, NC 28406
i CATCH ~ ~ ~ [phone] BASIN ~ Z I, i
~ ~ r;._ I
~ a I i °I i I « W I I I a~~
I > I ! I auner ~ ~ I I i O
i . I PIPE y - - I--L------ -------c--
L--------- 0 0 0
m ~ SEE NCDOT STOS. L ~ ~ m a
852.05 ~ $ 840.02 ~ ~
SECTION NEW ~ 840.D36 EQONT SECTION FOR FURTHER DETAIL Z ~ ~
- Q m Q e~ s J ~
ti 4. ~ Z
M i NOT TO SCALE ~ ~ W ~ 0
,fi Q ~ ~
2 W ~ a
~ i~~ ~ _ ~ r.. NorES. ~ ~ ~s~
i ~ 1 ~ ~ ~ti_ I - r 1. SITE AREA = 15033 AC.t W V °-0~ ~ Z -0
j~.. I~ _ i ~ .~r7( Q B ~ 2 9iE ZOt~1G - R-15 0;
iii l- - - _ ~ ~ ~ pEiB'ARMANLE' DEVELOPMENT' ~ ~ a~
~ ~ iC'~i r = 31 ~ 0 .p 3. TD AL NUMBER A~ LOTS ~ ~ b sr $
l ' ~ r.;~. 4. ALL LOTS ARE SIA~ECr iD A }o FT UT>UTY' EASEMENT ~ ~Bg W ~a ALONG ALL STREET R?~IT OF WAYS ~ ~ _ ~ ~
~ , , 5. PID/ R07~B-003-078-D00 - ~ E ~
I i J I ~ ~ oPOSm - ~ ~ ~ 6. EIEVADANS ARE REUIIVE 1n M.SL (N.A.V.R.'29}
I I FlnE HmRANr I u. ASSEM~Y
i I I~ I ,1 _ ~ i ~y No coNSTTTUCnaN sHAU coM~ IMIIII a~riS Z v OBTAMED UNDER AtE HOR1N CARQIINA DEPARTMENT OF
NCdOT IOX70 ~ I PRA~SfD S(xf001. - ~r>~r >r~ANaES . ~ - - - o _ > „y~, eus sTLw SHfiTER HEALIiT, DVVIRAkM~NT AND NATURAL RESOLES (SEp- Q J MLNTA110N POlLU1K;IV CONTRAI ACT OF 1973), Z
i ~ U j P,_ n ~B-u ~ -,~2 ~ ~ ~ m ~ L sir ~ w
r f d CIiY OF N~IGION WATER. Q ~ `
i X0,11 Ac AcnvE ~ ~ ~ ~ - ~ ~ ~ . OPEN SPACE 2' WATER MAI ~ ` ~ - ~taaq usE 9. NEW HAN04ER COIAVT)' SEVER. _ J 0 O -.I
- 1 { } TYPICAL T 30!'30, E ~ 1 ~rr.__ ~ " iA PAETJLMNARY -NOT FOR I;ECORDA TiAN, CGMIVEYANCES CR SALES Q o. ~ ~ MTQ
84Fti 1 8 WATfR MAIN 575 FT AEC _ r+ 11. AREAS PARIULLY OCCUPLED BY STRUCTURES LOTS ~ STREEr R.AW.) = 13~ ACf W ~ ~ W ~ AREA CF ADEN SPAN (NOT DESfGNATED P AREA) =1.14 ACf ~ ~ ~ ~
TYPICAL 3\ IMPACT AREA E _ _ ~ ~ ~ ~ ~ Ne ~ ) r~ 16 ! ~ FT \ I ~ 83j~•w / q~~. 907~fT ~ ~r .J p~ ~w~ 1 WA ~ M ACCCI~ANCf MITH t~ ~ ~ Q to ~ ~
W ~ 6831, ro~ 15 ~ qN U t vJ O i-. Nrn~ N.C~D.A i Pa1CY AND PROCEDiARES FOR ALL UTTILIIIES 2 Z ~ ~ U ~ o
0,05 Ac AcnVE \ 1 F ~ - ! ry ~ a~ OPEN SPA ~ ~ N ~ Fq - - a ON HKiIWAY RKrfiT OF WAYS - Q ~ I I
i a Oti _ ~ ~ 13. DRANVAGE EASF74EiVT5 AND ORANUCE aT~FRASTRUCTIARE o ~y ~ ~ Z ~ ~ I
j ' PID R07908-003-022=000 ~Sf~~ QU(,~O 0.750 Acres i r FlRE HYDRANT \ - 2 O ~ ARE SURELY Tn RE11SfLW OCAITON AS A ~ O i ^B ~ Q I i , ~ RESIAT of FuTiARE STATE AND G~IMrY cANSTRUCTTON PLAN APPROVALS z ~ ~ o ~ ~ ~ I
_ ~ ASSEIIBIY c .l iJ 1 333S, i Q Q goo ~ a J w o~-
` ~°j / 015 P ,N~o 37 ~ 2 \ Too re ~ 14. SiTBfTI/liTTS SHALL ~ NSTA11fD AV ACCORDANCE MI1H ~ ~ W ~ ~ . k ~ NEW HANOVER COUNTY REGUUIIAMS ~ 2 ~ ~ ~ 3` ~
~ ~ r~ooo uE - 1 n i ~ / / ~ ~Nellcnda ~ ~ , 11 ANI ~ ~ A Q ~ o ~ _ + 15. iYPf NOUSIVG = SMIaE FA~NLY _Z z
2 ~ i / 3 , : Area ~ BLY Sf' 2 Acres ~q ~ 1P ? . - _ ~ APPROX ' o'~D, ROOMS = 111 , ~ ~'R ~ Q
~ / / ~.I Q _ LL= - 16. PARV AREA REQII~FD = ,T110T5 X QA3 = i.t} AC. REOb (1,14 AC SfiONN) c>; U W -
/ ~ ! ~ v;. 5 °-u: AC11VE PARK AREA = .56 AC. RE b 0.51 AG SHONN ~ 2 O o ( } t1r
-:gip ~ l v ~ ll, . ~ - ` .f ~ PASSIVE PARK AREA = . Sd AC REQb 0.11 AG SHONN : ( ) a
~ - A G ~ v ~ ~ v , ~wACr AREA v - / - ~ ~ . ~ _ / 11. NO SIGI~1GWi ))TEES (14 OR ABOVE) OR fLONERTVG )BEES a.
11 ,l 18 FT 5 SQ _ , ~ ry \ \ / 7 ~ 20 (8' OR ABOVE) iERE L~SERVED MI>14N STREET R!Gi1T ~ WAYS
~ ~ P , ~~,~.a J4 0 r~• ~ 10 _ ~ i IMPACT AREA H = iB ALL OPEN SPACE 1D BE L>EDiCATED 1D AND MAINTANJED BY
~ ~ c,~ 8' SfNER MAIN .,r ~y \ V ~ i ~ ~ i'r,,. L~' ~ ~}1~ ~ X596 SO fT ~ ~ »1E 1f01fE OMNERS ASSOpA>>AN.
(TYPICAL) ~ r ~ a~~ ~ ~ ~ 9 4=. ~ r ~ ?0' • _ 19. 1MS ~>F IS LOCATED MI1T6N Z011E AND 'Af ACCORDING 1D fEMA
_a ~ ~ \ ! ~ ~ ~ ~~o ! OPEN SPACE - ~ w tl _ COI1AAVfTY PANEL 370168 3143 J PtURY E1IECIIVE DAiS: APB 1~ 10U5 t0O YEAR F1000 EIFVAAAV r 11 Fl
' / r. cr 8 2 aS ,~L I ~ sTREAM IMPacr = 51 F1' ~,K;a, / - asp . ~ ~ • ~ T I w , T FIRE K zT. ~ ~ ~ ; rL"' - u: ~ ores ! 2A SiDRMWATER MANAGfAIElNT iD MEET NEW HANOVER COUNTY PRE T
~ i I _ BL n A~ • ~ , a~ ~ DEYELOP~IVT REflUIRfaIONiS FAR iNE 1-YR, to-YR, AND 25-YR SrgRMS • 4 0 ~ ~ ~ COASTAL MEILAND LINE
\ - 1 3a, - 22 ~ M I . `o 0 11. AIL SEVER TD ~ 8'. N O
O I I i ~ ~ A \ ,1 U! _ ~ , I ; i ~ ~ r, A I Cf' ' 0.12 AC PA c~ . cn 12 CLASS iV SOILS ARE TO ~ LffT thl TTERE NATURAL STATE.
Q - OPEN SPACE _ IMPA i~ CT AREA A- . - - - ! 2,~ IOPOCR,iPNIC SURVEY BY GEi~INOVA110W SURVEY PL1G . SOLU110N~
4 ~ r~~~ ~ ~ 1861 SO FT - w co ,o ~ o u~ . ! 14. HOUSES NILLL TYPICALLY ~ 1NREE BEDROLW SJRUCTURES o ~ o ~ 0 0 o w
\ / ~ ~ j / ~ , - STREAM IMPACT - 89 FT' H . 1S PARKNNG Np.L BE' PROVIDED IM ACCORDANCE INTH Z ° ~ ~ n ° ~ ON81G ORDNVANLE N ~ ~ o M Q
1 ! _ v N '~6F\ \ - sea I, 27 ~ ';~j- 16. TREE SURVEY iD ~ PERFORMED AND MIL[ MEET NEW HANOVER COUNTY N N N N ~ ~ S01'09'43"W _ o 0 0 0 o
58.94Ft. ~ °
w ~ ~~~<F~~ ; IMPACT AREA F= • 11. PROJECT TD MEET STATE DEi6T DWO STO~IWAIER MANACEIIENT . ' Me ~ r~~. Plu ,Z~ ~ - LOW DENSITY REQUIIS
- - - 18 FIRE HYDRANT TD ~ AVSrALLED FAR FUTURE FIRE PROTFCTIA4 SERVICE
IMPACT AREA C ~ ~ ~ 1 ~ . 19. PROJECT HAS PRELAMNURY APPROVALS FOR CONNECTION 1D NEW HANOVER
. f 45 SQ fT' 0.50 AC PASSIVE ~ COUNTY'PUBliC SfMER AND pTY't7F M1~YGIDN PUBLIC WATER. Q
" ` ~ -OPEN SPACE' ~ ~ ~ 24 . • NORMAL HIGH WATER LINE a ~ . 3LL S1A~IVlSitW ROAD DESIGN >0 CONFORM 1D MINMNAN NCDOT REQIVIE14T5 ~ ~
ACTIVE OPEN SPACE ~ j _ ~ IMPACT AREA B - ~ . . FAR CROSS SEC HORIZONTAL LAYOUr AND CONSIRUCITON STANDARDS ~ 1TON$ ~ ~ o
~Q , 1,0,36 SO F7 3 . 3T. DRnEWAY COId~CIION lO E>aS1TNG PU&iC ROAD 1n MEET MIIIN/M NLnOT a ~ ? 3 ~ a ~ ' ~ ~ REQtlNiS a ~ ~
- r~ ~ ''n o / 2 ,l~ N N - N N 11 FT PRIVATE ACCESS DRIVE FOR LOTS 24-25 g ~ $ ~
PASSIVE OPEN SPACE f / v ~ 25 ' • • cv r . [V T i 4! yQj o w a ~
, ~ ~ °~i ~ ' ~ ~ o ~ SV O stir. ~ ~ ~ \ sv o ~ ~ W o
n ~ , 'rl,~s ~ ~ l ~ ~ p r r r r r ~ ~ • ~ ~ W W ~ Z ~ U Cn
WATER MAIN ~r'~~> ~ i on°' a rao c > > r WITH NAIVES -~i.12 ~ ~ ou - F.. Z L ~ U Q
° ^ / ` - IMPACT AREA O = . ~ ~ ~ ' ~ 405 SO F1 _ . 75 FT DDAL MARSH CCNSERVAl1aN SETBACK ~ U ~ , a o Q TS~~ ~ . a z w
y Q ~ .F \ ~ 4: . FIRE HYDRANT ~ ~ ~ ~ l' Q ST NE ~_inln~ZZ~~ rY ! COA AL NERAND U p W~ a Q Q z z
2°BLOW OFF ~ ~ / r i . ; EXISANG COD UNE ~ o a ~ = g ~
/ ~ o ~ ~ ~ < 3 4~ ~I-~;wW~~
/ 4,. ~n _J ~ ~ U U Z N U U n'i,~~ RAD ~'aa4.~a as
--x-14- REDUCER & GATE VALVE ' k`, ~ ~Q / 7~ J W ~ W W / a3 0~_~_=a~-aa
~ , - ~P ~ d o 0 0° o 0 p W W W W W W
SANITARY SEWER F r •y5 W N (n N ~ N to o S 5 5 5 o S W
MANHOLE & MAIN ~ ~ ' a~~a~a~a
C C STORMWATER CURB pD
INLET ~ 40 FT RAW 40 FT R W SF~R 2 , 3 s~,T O
STORMWATER ~ ~ TO Fi 20 r7 ?D ~ ~ 4qo z a~ ~ tD N d M N ~
JUNCTION BOXES - 14 FT 14 FT fl Ft 11 FT 22' 9' w
STREAM IMPACTS NETLANDS IMPACTS ~
LOT LINE 11 fT 11 FT g ~ g ~ 12' 1Y CROS57NG AT LOT 34 51 FT PERMANENT IMPACTS A,B,C,O,E,F 4,533 SF (O.tOAC)
CENTERLINE OF RIGHT OF WAY 1 1/1' SF9 S~1 1 1/1' 9~8.5Yi fNTERSEC110N OF ROADS 89 FT TEMP~ARY iMPAC15 GH 9,001 SF o.21ac DATE.• a-30-05
zi CONTOUR LINE & ELEVATION ' ( ) 40' R W TOTAL 146 ~ 4.84 ACRES CF NETLWDS EXIST Ol! ~1E NORl. SCALE.• 1 100'
L. _ . _ e IIR~ ~ r1M w Ml ~ - .
6- 7/47 f t 4'/FT a' x1 1/4fr I i VERT SCALE. N/A
DRAINAGE FLOW tt' NOTE: THIS DESIGN IS LIMITED TO LOOP
B ABC B' ~AOC MODFED VALLEY %VDFO VALLEY MODBIED VALLEY B t~2 ' ROADS AND CUL-DE-SACS 0.2 DRAWN BY. JSL MILE OR LESS IN LENGTH.
I CLROW CDRMG MODM VALLEY 40' R1w CHECKED BY HSR
30' DRAINAGE EASEMENT CUmm p . . .
15' NCDOT 26 FT G-G NCDOT 20 FT G-G MODIFIED II 100 50 0 100 200 300 TYPIrAL CUL-DE-SAC PROJECT NO.: 04-0028
r NOT TO SCALE
S7REET CROSS SECTION S7REET CROSS SEC77ON CURBING SCALE IN FEET 1"-- 100'
NOT TO SCALE NOT TO SCALE NOT TO SCALE Sheet No. Of

_

NOT TO SCALE NCDOT CATCH BASIN STD.840.02
io 1'-0" ~ STD.CURB
i iv TRANSITION EXPANSION „SECTION N
SECTION JOINT 1 -0
sna 10'TAPER ~ ~ 10'TAPER
a ~ ~zl 3-11/2
4 g W PLAN VIEW ~a
s~ w ~U
~ ~ FRAME, GRATE AND HOOD CURB a ~ - NCDOT STD. 840.038
c~~ NORMAL GUTTER FLOW UNE
1 FRAME & GRATE
ENGINEERING
OPENING i LAND PCANN/NG
I e F------------------~ I - I I I DEPRESSED COMMERCIAL /RESIDENTIAL
i ~ ' i I I la I GUTTER
I PRECAST ( I I I P.O. Box 4041 • CONCRETE i I I I Wilmington, NC 28406 I I I [phone]
C,~, t ~ - - CATCH I f L•_t_ BASIN ~ z I ~ I L_l--
- - ~ g i i •d
a w I I I 2 a~~ I J I OUTLET
I I i 0 ba I. I PIPE t7y ~
I i - - I--L--"--- 2 6~e
O o L--------- U ~ ~
SEE NCDOT STDS. L UI m ~ m~ 852.05 ~ A ~ ~
s~ 840.02 SEC110N VIEW 840.036 FRONT SECTION Z ~
FOR FURTHER DETAIL 'Q
m s s ~ ~ ~ 2 ~
i W as ~
NOT TO SCALE q ~ a -
i~ Q W ~ a w
+ ~ _ G ~ ~ ~ ~ ~ NOTES• ~ ~ '
t7j~ r .J~ ~ ~ ~n ~ J W A~
i ~ S: 1~~ - - 1~1 L-~~L ~ 1. SITE AREA = 15033 AC.t W ~ 2 ~ ~ Q B
i_; ~ ~ - ~ iy ' , i{ 2 SIZE ZOt~VG = R-15 4 1°ERF~IMK~ DEVEIOPV~NT' ~ e~
_ \ ~ - b TOTAL NUNBER OF LOTS ~ -
- Jj! _ ~.i. ~ ~ 4. ALL LO1S ARE SIA9~ECT TO A t0 Fi UTI11Y EASEMENT W a s ~
W ~ , ~ ALONG ALL STREET RICiIT CF WAYS 4.
i ~ i , ~T i v ~;ii - ~ 5 P~/ Ro790B-D0,~-ole-oDD
_ C . - i I I _ ~ 1 s. ELEVA11pVS A~ REUnVE TD M.SL (N.A.V:D. '29)
i I FlRE HYDRANT , t 1 - 7. NO CANS1RUCnaN SHALL (~ON~ENCE' UknL A PERLNT LS z J
. ii ASSE119LY ~ ' M; OBTAIlfD UNDER nNE NoRn1 CAROLINA DEPARTMENT of J HEAU}~ EN4NlOf~1~iT AND NATURAL RESOIM(~S (SEEM- O ti=
N(~OT 107!70` I ~ PROPOSED SCNOOi ~ ~ ~ ~ MENTAITON PCilU11aN CoNnta ACT of 1913). rte. z
~c~r r~ANaES ~ ~ ~ eus sroP SHa>ER ,~~y ~y~,e. ~ ~ ~ ~ ~ ~ ' a` \ ` ~ ~ _ . ~ ~ PfD R( ~'"~-~u ~ ~ sip. ~ ~r~~ ~ W IL CITY OF MI,IMGTON WATER Q W
z o 9. NEW HANOVfR COUNTY SEMEiL
I 0.11 Ac AcD?~ 2' wATER ~1a - r ~ ~---~o~ ENE . o ~ ~ to PREtkIMNARY - NOT FOR RECORDATKIV, CONVEYANCE'S OR SALES. ~ W ~
OPEN SPAf~ 11'PICAL i T°" ' ~ ~ ( , , b ~ 575 fT AEC r s ~ U W (n r ~ 11. AREAS PAR1U1L1Y OCCUP~D BY STRUCTURES L015 ~ STREET R.O.W.) 1,~~ ACt
30 30,E , ~ ~ m,: ~ ~ , 8 WATER MAIN _ 84Ft; ~ 3\ r ri,IPACT AREA E _ ~ AREA CF OPEN SPACE (NOT DESKIVATED P AREA) = 1.14 ACf ~ x ~ ~ O o~- ~W~
b (TYPICAL) r~ i6 I UFT 907 SQ Ft ~ . 68• ' o, ACC ° 12 WATER !t SEVER 1n BE INSTALLED IN AIXXIRDANCE IN1H r~ ~ Q Lu °p ~ yJ O ti~N~^
3 ~ I FS W 83, - U~j\ ~ N.c~.a r. PrucY AND PROC~ES FCR Au UTwr~s a z Q ~ a oN ~ralwAY R~+r aF wars o p ~ z I ~
0,05 Ac AcnVE ~ ; , ~ F ~ FA _ ~_m~~ ~ I ~ ~ tL U ~ 13 DRAMUG~' EASElENTS MID ORAIUG~ MIIFRRAS1RUCnI;E o ~ Y 2 ro ca0o
OPEN~ACE ~ ~ ~r ~ ? ~ ~ ~N r 14 ~ _r~a I ~ ~ Part of-0 ? \ ' ?0'~,` GPOSEO f / ~ ~ ARE SUB,ECr TO RE>ASKkI/RELOGIILW AS A 2 Q ~ ~ Q O I ~
PID R07908-003 22000 \ 1bA Y__ o.~so Haas FlRE HYDRANT \ ~ 568. = RESULT OF FUnN~ STATE AND COIMTY CCNSIRUCIKIN PUN APPROVALS O ~ o Q c~ o 0
1 ASSEMBLY .l 1 333 _ ' ~ ~ Q4, ~ r t3 01S 1 S f _ a J W O,-~ 8 14. STREEILICHIS SHALL ~ IISTAl1.ED AV ACCOW)ANCE M1H ~ ~ ~ ~ ~ ~ .k
~ sF ~ ~ \ . ~ooo uHE NE11' HANOVER COlIl1Y RECIN.Al1pNS ~ 2 ~ ~ `3 ~ Q~-0
,N 0 37 ~ 2 / ~ ~ I - . N ^b ~ / / ~ Wetlands . ~ ~ ~ fl H ANT 1p f , + 15 1YPE HOUSING = SII(LE FAMq.Y 2 o Q _ `o-., ~ APPROIL i+ BEDROOMS = 111 ~ ~ = W
_ ~h ~ ? r 3 / . Area a • ' ~ A BLY ,S~`j8 ' 2 Aaes A ~ / ~ 12 ~ ~ > t a - - W `~3 2
/ ~ / / / I ~I - _ ? \ r 4 i _ 18 ~ \ - ~ 1& PAW( AT~A REOrARED - 31 LO1S X a03 - f.il AG REQ'D I1, 14 AG SHOMN) ~ p w 3 ~ ~ ° ACTIVE PARK AREA = .56 AG REQb (a57 AG S110MN ~ z O
~ PASSIVE PARK AREA = .56 AL; REQb (a11 AG SHOMN) 1 ~ ~
a _ / `Q" ( ~ ad _ il. NO SK~1(.ANT 1REES (?4' CR ABOVE) CR fLONERNG 1REE5
~ r MIPACT AREA ~ ' ~ 2 (B' oR ABOVE) HERE OBSER4ED MITTIN STREET RIGHT tf WAYS
518 SO FT ? 20
zoy V r _ \ ~ P ~ NIPACT AREA H = }8 ALL GPEN SPACE TO BE DEDICa1FD 10 AND MAINTANNED BY ~ 596 Fl ~ iME HOIfE OMNERS ASSOLyAiIDwL ~ SO
~ ? ~A o ! ~ ~ i. ,,,,n ~ I ~a- ~ t~ ti / sEr~ ~
~ ~ ~ ~ ~ 9 ~ / + 19 iTIS SOE LS LOCATED INTiBN ZONE AND 'AE' ACCORDING in fFiMA CtMMAItIrY PANf1310168 3143 J PRELNfINARY EFFECTIVE Dan: APRI. f$10(at5.
_ v , _ I ~ ~ , ~ ~ OPEN SPACE , ~ 100 YEAR F100D ELEVAIIAV = 12 Ff
, ~ 32 \ ~ ~ ~ 2r r ~ r ' Drag . ~ 8 , . ~ 4', ~ - ~ . / cres • , Za SIORMWAIER MANAGt~NT 1TT MEET NEW NANOVfR COUNTY PRE T / ~
i STREAM MIPACT 57 fT ~ _ f . O - ~ ~ ~ ` HAND L9NE DEVEiCP~Nt REQUM'TEarFTHTS Faq 1ME 2-YR, 10-YR AND ~-1R Sit~i1S n COASTAL ME
v ~ 31~ gSSEwIEI ~ ~ I ~ l , ~ , , .,r~i O ~ ~ r rs ~ 1 ~ ~ o . . ~ 0 21. ALT. SEMER 10 ~ 8'.
c ~ ~ , 30 ~ 0 . ° ?2 CUSS fV SOTS ARE TD BE LEFT IN 1F~RE NANRAI. STATE
\ \1s ~ r ~ ( ~ ~ ? \ l ~ ACk, R22 AC PASS) ~ . • ! C. 23, TOPOQRAPHIC SURVEY BY (;EOI~IOVAnON SURVEY SOLUnOW~, PLL
i ' i j ! ~ ~<<.; _ _ OPAV SPACE - - - - - i ~ 29 IMPACT AREA A - + ~ w i ~ ~ ~ ~ ~ ~ 1,861 SQ Ff ~ . mew ,no~~ 24. HOUSES MlL lYF1CAlLY BE nIZEE BEDROAM STRUCTURES o 0 0 ~ o o ~ o w
r ~ ~ ~ r 28 I ?3 . i a~o~~~~a~ I- 25 PARiDrlC MIl ~ PROVI)ED W ACCARDANCf Wnr ZCNING LRpNANCE: ~ ~ N \ ~ o \ \ Q
Y r ' ~ SiREUI k11PACT = 89 FT' . ~ r 21 _ . 26. TREE SURVEY TO BE PEITFORMED AND NIl MEET NEW HANOVER COUNTY N N r' ~ N N W rp ~ • OOOO.-.-00
~6\ N6 Ft 27 ~ - - 8' / soros'43"W - REaII~QVIS 58.94Ft. ~
P O Lj~'; 62~.' ~ C 21. PRC~ECT >d MEET STALE DENR DMG STi7RaiWATER MANAGEMENT t~ . LOW DENSITY REQI~EI~I1S
i • ` ~ ~ Q 1~fPACT AREA F = ~ ~ ~ li . . ~v _ _ 28. F~ HYDRANT 10 BE INSTALLED FCR FUTURE FIB PROTECIICN SERNOE
a f 66 SQ FI ' . s
„ , IMPACT AREA C = ~ T. . ~ ~ ~ 145 SQ Fi' ~ ~ 29. PR0.ECT HAS PREL~+URY APPROVALS FOR CONI~CnfIV 10 HEM' HANOVER U COINNTY PUBLIC SEVER AID CJ1Y of MIiIlA1G10N PI18llC WATER. a ~
~ .0.50 AC PASSIVE ~ . _ ~ , NORMAL HiOH WATER IJNE 3a S1601V1~QAl ROAD DE~GAI 1n COMFLRII lO Mll NL~Oi REQI~MQN15 ~ ~ w
~ ~ ~ OPEN SPACE' ' ~ 24 ~ ' • faR CROSS SECnONS, HORIZpVTAL UYWT, AND CONSTRUCnON STANDARDS ~ p ~ o
! W l ACTIVE OPEN SPACE ~ ~ ~ ~ hYPACT AREA B = ~ ' ' 1,036 SO Ff J, 3 . 31, DRIVEWAY CONNECnON 10 ETOSnNG PUBt1C ROAD lO MEET MI~NiM NCDOr z Q ~ z w a 3 REQUIREMEfNTS z ~ ~
~ r ~ ~ Q ~ ~ w ~ NN ~ ~-11 FT PRIVATE ACCESS DRIVE FOR LOis 24-25 ~ ~ w ~
2 • r N ~ W ~ .Nr W a ~ o 0
% ~o,. ~ ' ~ 25 N PASSIVE OPEN SPACE ~ ~ ~ ,~-v ~a;,~ ~ i ~ ~ ~ W
~ ,1 ti °j tr~;n - In ' ~ ~ N lQn Q W N Z d' E" U ~ O O O ~ FT Z ~ i Q Q O ~ d ~ ~
' i- I ~ ~ O _ ~ (9 Q
WATER MAIN ~ - VALVES ~ ~ ~ ~ ~ ~ FACT AREA G = WITH / ~ 405 SO FT . . 15 Fi TIDAL MARSH cONSETTVAnaN sETBACK Q L1f ~ ~ ~
_ ~ ~ z ~Uh d z w • vi vi ~z °z ~ ~ ~
`a FIRE HYDRANT - . COASTAL METLMM lINE' o w w~ Q Q z z ~ J ~ ~
" ;i 2"BLOW OFF - EXISiiNG COD LINE ~ ~ ~ 3 ~ ~ I- I- ~ W w
Vi
fti f Q h;~~ RPU ;0~1~.. ~I a d c~ ~ ~ ~ ~ - 31fT i~;; ~~~=away
REDUCER & GATE VALVE P~ ~ a,~ ~ooooo 0 ~ o w w w w °w w
~5 w N V! 1~ fn N
SANITARY SEWER „ . w rat O 5 W W W OJ W W ~~~i~~~4 1~';fTL~ 134tr. ' Q ~ d' Q' d' d ~
MANHOLE & MAIN C C R~
RB ~ STORMWATER CU 35 fl ?S Fp O
INLET 40 FT R w 40 Ff R M ~ ~ Z CO t~ tp ~ d' N) N
STORMWATER ~ ~ ~ ~ ~ ~ ~ ~ '
JUNCTION BOXES 14R 14 FT 11 FT 11 FT METUWDS MIPACTS 22 9 ~ STREAM IMPACTS
12 FT 12 FT 9FT 9Ff CROSSING AT LOT 34 51 FT PERMANENT IMPACTS A,B,C,D,E,f 4,533 SF (O.tOAC)
LOT LINE 12' 1Y 1 DATE.• 8-30-05
- CENTERLINE OF RIGHT OF WAY 1 1/2' Sf9.5A 1 1/2' SF95A INIERSECnON OF ROADS 89 fT IEMP~ARY IMPACTS G,H 9,00 SF (0.21AC) 40' R W HORZ. SCALE.• 1 100'
~ CONTOUR LINE & ELEVATION Z , TOTAL 146 FT 4.84 ACRES OF NE7LANDS EXIST ~ ~lE VERT. SCALE: N A
_ .k1 i/t'i . . i.'/ CT. k~ d f ilt / ~ -e~.- z:~---~ ~ /t'/ ff. .
vT/ rl, i I . i 11' NOTE: THIS DESIGN IS LIMITED TO LOOP DRAWN BY. JSL
DRAINAGE FLOW 6' A8C 6' A8C .......g.j. 2 ROADS AND CUL-DE-SACS 0.2 MILE OR LESS IN LENGTH.
mwow' D VALLEY HOOFED VALLEY YOOFIED VALLEY MODIFED VALLEY 40' R1W CHECKED BY HSR
I ( CU ROM ctom G CUB CURET
I- 30' DRAINAGE EASEMENT MODIFIED VALLEY 100 50 0 100 200 300 TYPICAL CUL-DE-SAC PROJECT NO.: 04-0028
15 NCDOT 26 FT G-G NCDOT 20 FT G-G CURBING NOT TO SCALE
II
NOT TO SCALE SCALE IN FEET.' 1"-- 100' Sheet No. Of
NOT TO SCALE NOT TO SCALE

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, ,,.,:.......w~.... 1 rOTAt 116 Fr QF Nk~1~5 Ex~r LW SIrE flaRX. 5 t ~ 100'
GONTtN1R LINE ~ ELEVATION ~t r 2-~-~,~ ~ it ~t ~1 1 ' ,~.~.3~ ~ ~t v~rt. se.~ttn• x/~
DRAfNAGE FLOW / ! "~J ~ , ? tt, . NOTE: AftS DfS1GN IS LUTED TO LOOP
P ASC r ABC T 6 t L4CWo YN 7 Mmro WiLEY Mmm WILLEY III WUEY DRA M BY RLW ROADS AND CUL DE SACS 0.2 MILE OR LESS IN LENGTH.
cr;s aura p ~ r . 40- R CHECKED 8Y` HST? \W
30' DRAINAGE EASEMENT
VALLEY ..15NCDOT 26 FT G-G NCDOT 20 FT G-G 100 50 0 100 200 300 TYPICAL PRO.CCt NO.: Q4-(?0018
CURBING NOT TO SCALE
I NOT TO SCALE SCALE IN fEET.- 1 = 100'
NOT TO SCALE NOT TO SCALE
r,