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HomeMy WebLinkAbout20061522 Ver 4_COMPLETE FILE_20060919 PRQ-m r ?? \ l' / ?10 REF, SICRYU'EA PRO IMPACT AREAP ? ,, ??. ?, %y ?'? 4-us(0ak) ,: Ate. ? i fi 848 L!? ? 1' I i 0?11T va?c•J ?J FT Of ) . 1 li 's, s v A l ; 11 ?? 5B ; ? N)p / ? \ O E / \ 1 0 1 ?</ P, ?' ?J° A ? 1 brt ? ? N ICI >y? v .? , v`v li 'M li e 3 ?i O \ \?I Jz ) II1JO FlOE If. 0 .,l1 I U, Zf RPWAEAR J ./A. 25 FT / Y411A By ,,,;,,5 R O I I! RFYCIFR &FTER v i J'F \? \ \ ? ? ? °? JJ JJ5 I I O O i J I I LEGEND A v '?7. h 'o l \ 0 1 rnsrwa nwrvr a ?>- ;nuxwramanx ur ? {M1? ? i \ >g I I, ?-- ?s•xc vwrur ? `?' ' % ? ? I V ? °Y Rf GIOf &YYS? `_ ?•y 1 V 1 Ev. ruse Axx vn ® NArzA Nrrte swua OGNfLnw ?' - r v > EGN [aye CwfP(IF uC+aMg1 A ?'? ? IMPACT Aa`.A P7<?1M'[CNN (S91W IPeCE) ,n ?ac,w A.w ArrcA .UEA ga r3306 1 G6 1 915F?l ,.EA pc. NelEs `;j 'n iR N4?r ' u 4 A \ r1??\ / xfi -?\ 77 Fl KC SEW( : 72 Fl PERWE-TER efiw ?. NORMAL N01 RATER I1Q / • /B2 \ 1.4 6HATRII U( .>? / r+ /? QR Q7 ?? f i r S / C4 "/ J9 l 25 FT PU?AO7TER (PROPER TV Lft) ? ?. ,? i, IS OUFTER rtJ' A ?. mqP ?? ,? v v' i EASW S_ ST PROPOSED O x>c 4•, 4 CAWaR VI / i ? Ili ?Eifl 75 R AG s rt PPOPO" ® POW 1, [ ArJ`. 10Fla r' ' h 7 ?I`i ' II .U Pr [I` rDJ Q "d •.IZTiuF DN AC)'.'.?•, 30 rr DE z sIREWAFACT a?, A'• ?I 1 FT FEW 6D POND 1 I 15FT P O OJ `? O ( ems`- i/' , 11537.7 I fiLFF&R J" All. ? T \ \ O• ? Ml Fl of 40.5 ff (OO] AC)? ? ba • SWAMP TOTi1 C S, 7 ICO 200 370 a? .`;,. ?-zC6r` GENERAL NOTES: L RN HANOVER COWTY PAR= NOS: R17200-007-6ID-M B R072"7-031`011 2 TOTAL TRACT AREA NORM TRACT, 11CL155 SP (909 AC) SOUR RACT • 1.741.9"/ ff (7199 AC) TOTAL AWA • 4444," A 4 (72 07 AC) S gismo DRRMG OvwT. R-15 4 LA'a aASSMWt RESOLOU PROIR'" B Rff REMOVAL POUT TO BE OBIAAM t LANDSCAPE HAYS ro BE EROLLN'D By 0'WM 1 DLS RA TawsJ yCr6 (LfATE?x IOE'C AO7ARx'Cro RC /ExRAL OC+xZ1L'r YANAT1OMr AfFNCYS MAN1T1ea68m9OwcDA am 9->--997 Pua z B SIE AWRE33 b IMO NAV400 TRAS 1 NEW'NANOIU C"TY111C"1JjS SM60TAIYx! O(090E CCMIM POBRREOUWO AND ro BE OBLUCA 16 BAB.ONC USE 6 RR OW-FAMIr ML91G II RIS 9i 6 PM3PD9D TO BE A ausu DmoPM 1E 12 LWAWD S PP.NAISDOM4 CS ANAL YSTIOTY A"M V(LOCAUIOR NOTE POU BOTIp11Be)(D GlYA0OY5 ro BE IBRt'R RuN A01AL'Ir [AIMS NOT- COASTAL ACTL"S ANO IN71NY N" RATER LAOS IL4 GED BY SOU" (NA"M NTAL (ALLAN xC NO NOWU BY PATRUA B(HRR 110 FUR"NAWVU C"rr COASTAL SITE DESIGN, PC fNGNEFR'.C 1A10 PLANA'A'C CGUUf_RCA1 /RESOENnA( P.0 Box Gill 1f3mingtm NC 28106 (910) 751-4441 ASI d ? ,fl r?l F?1 [I N 2 ?z d 'A I iprv off goo z 002 3 0 s Y ff NR, ? U ?? WWZ a ? Opp Q zo a.-s O SEAT 025483 NEr.41c c,L_s (c/ PH? DATE 9-IJ-C6 HORZ SCALE I'-- 101 DRAWN BY.., JSL CHECKED BY.. HSR PROJECT NO.: 04-6 LOCA TIO '-- US J6 AP A \ \ ? \ 100 SO 0 I00 200 300 i f e .x Ivz 5 xamR' -- ., P? < ACT ATA 51 4(fi?AG) V AREA 1 c VF GFFEN PARK , xr s? lam AC I 0 ?, '_ 01 500:35 P G_ 3 O \ ? I CxR V-- +G VA 7E ? 56 SCALE IN FEET: i'- 100' C?0 c-e- ( ScC''Ae- ll - Z to IT P". 5 !C APGk:. 1 U ? 11 ?' ?. OnPL6LC X?IaaS n n ?•,?l f? PVx BIPfER I6 I . PRFP.' ?M1TV \ y ? ? ? 1 ?`?_ O I ?` ' ? r; 40 1 25 R GL2W E mod;, e A j IB 1 k1ftof• ' . ?????? ?cI„I ,', A?? U JQ TT DE S 20 wf? o ? ? IS ANDS E \ `\ r / / ` . 23 041ALI A A E I C 01(k"F CI IXAC7' F • • • • ' S5 ? \ A" A E4 fl? F 49[A lAC, ROTES P". Cry (FnX 1,130 FT 03 0 IM 25 • ' ' • • ?F; / 1 F a, Ne A Fe+ hr.F. 7, t 6191-1, SF (11+1 Ar uqL CT?1' X IN 1. I 1 SF 25 At) C J2 • • ?1• 5J - i / F .'4 'AAIr. 16 II ' ` , ' G l` •'I ,n\ ` 53 ?I .. N uAt. 2 1i t` 1 /A S °? s4 \ .In ,(d74f. .,' X2 51, r,Asx A2, r ?? t '. Irc du S Gf I T' k8?6 ?J6 A. I' '?\? • • ' • AC / 51 U TJ A wFA F G+50r (?0 AC, -__(_ ?k .OTAL AXkA Oi 4f1LV.J.4N r?? IG. 15n ?N,'o , • • . ,,T i a? .b fi Ff 11'1, i 61 ; ??' aLfm 't -• • / ,wn4 4o 14 • 1 • I``?, sc I T i /rw / r iOiAL Y,EhAN S AR:'A FOR PCRiH AND SOLI' TRACTS - IT?66 (1761 AC) PROP. sn `? n apvp?? ` ' ?)T s TOTAL IMPACTS FOR N?RT 4) SOUTH T^ACT$ 15,236 SF (0.70 .41,) o Ssw \ a?P 1, f , 4 i `7-1 sr TOTAL AREA G? LETIANu ;r.,,AEN = 45,51: Ei (1.05 Aa) ? u 6:.NCTO F OI i I j ?J :' 0 a r 800 1 144, 3 - . A III , I r{h . 0 AIa ,? • FI DE PRY 5FT X9) 6J f, y r I I J/i '?. G FOw? v ?? 9MAX 34 JS 36 77 & 44 0 46 8 " A 61 ?J \ 7 . j f,166SO.Ia?i1C.J 1111...?? ? ; J C DENN JA .y,AEI _ _ -- ow. II - - 'g 1 BCC: F17 C:E ?I z ??. ?w.s us ?? 1 ?? _r iii 1 69 fie z675 P '? :AL? 76 ]s 74 7] 72 c ?I L ? 70 EUM f EU wxac PROP. WALAK MA 1 it --- ?- - =-?=-- -------- _____? 5R 00"we l .tl0.NR7 ---5 n 4Tf0F LEGEND - - [smceawr 11- 12 ?'I rerC. E to T InWE.wArc h :R4F ?' .AMI A?C ]At6E1T L'X ? L!} BVA' ICX IH wPAELiAnax ,1,,x• f a5 FT n F '„ S w - Ii 3, w B7 J7 f1 CR'Rk.Mf ?" R10110" WAY - 4 "2 E 2d0)F Ns 95 1- 1 h,! 3""5,f I Lt S 4T 6351 45 FT - Cr."d/R UxEe 6(YAACN Y Y - 6 270 F I'.11 FT E 1 T N 4 j U 51 7<N 61 FT 1?pi&? 'OFFSET '4 6""q2'* 21- T 211,51 FT P N3 w !4 2'ar 5?.53 IT -Flo. I5 N62 3'N 241: F1 C.` 6 a L J99 f1 267• IT t5 FT v35X "w ,17 TYPE "H" CURB I,,? ij, 217 F, FT FT 51.7.2'1- 'w Qb fT NOT TO SCALE 19,.19' I- tlOf2529 FI e.N 118:' 17'N L, A ''. 9 T 1,r6C1 Ft _- V.u.-' 11 NOT In cGI r re l:'5'42' I?YI E9 FT 51 N T p a; F; w'2' "IT L3 x72' J"7" 5373.11 A, 7 ,F TpA \ 2e J e?, eNW TYPiCA DE-S - - EASiArG M ckLM KR v ? C? 5? aria a 1? BA 4Y i E4R [es?Axx x C WATER wEVR sERmc caucncn EL E 51. <o.'wfR Agv'UUU'! T A+N CnO RAM° w OE .SRIPIrtIV EL -A— mn mAa . _ S4d P'(v SFA4 n n PMETER CA -IN C 1,1t fa V Id 7 IC IC }f n I ya4f rFgXxT R Sr S QF? 15vFx 6' ABC E4t9.'C T\RE X (/M1fRIF?fl16 culrw 60 T ;A 7E ROAD) r? :CT 210.r,' Ef }T NI Itl !f I? 23 75 1 9] N ? . I! i/' I! II' WNhE LONVF 11- it 17 - 11- }1 ? S zrer TA9xur N '. YFVxAU .... ? 2rer ? ,V4%rt} dui zaxF_, 777 ?I Y I IYMkS?.?''" s•mxwAU'/ / r?wux cnAss LINED ' 5'A6C '. fXYX O' ABC ? :, p !?? ,a, a 5:1 GRASSED CHANNEL '0 T ' 'N R fC5 I) 40 T R Y 'A1 - ?tU,L) (20' oealNFr,E easeatcrvts) EE NaT To SCALE E'v 11 ? ? vI COAS. SIT. DESIG INGY : ''d (ANO CClAaIERGAI P ; Bo W1 'r'n Y 12 U a oxx OJ S Y a 3 z i 1 I Ir, I HOP S LE. n; AIAIAFEAE f x5 ,cy:dLl' my CF A A 41F11•AI u'.?) fi A c P 1 .- t C L, I 5 C 4A RSA iF ! Q $F,.M11 -.1 SAJ I IP Y - 'f ' A fl S F _. C L C'A+.tP 1. 4 xr A u ..' S£ ? .6 A.1 4 A :il C A?) A,, A'A 1C,:L A TOTAL IVL r1'S A , R A -A H 4,'0 74CTS - nse E. ,nel AC.) 1, 1,4 ,DS,1-9,H T74C75 = 15,2J6 Sr (025 4,.) DIAL AGEA OF It _IPC1 45516" cl (1.05 AC) .I X10 FT AL 176 \ NI w. \ 100 50 0 100 200 JCS 2s R o 0 ;'DR/Vp? t)hr mac``\R/k? ?/ f-.IFAC17 AIfA (yI Z3.3 (005 Ac}'L IS IrI 25 IT RT,1Fr..T &JFnY 1 6 I? 17 I IB ? hf 19 1 j 21 0 I 1 1 i!\\ 25 ll•? 1 17.. GEG53 75t II y 2675W Y II i A ! ? y iir xaniA `n'x" r6 wRtt YFACT A3A 1,5f2 7 (0 Ac .mow J f GJ -5, P 0I 0 ?? v 40 W6tRRt? O ate. ?? ifT PR'YA7[ SCALE IN FEET. 1'- 1100' vRa9 s ? o FT R" "AGE [AMWD7 Al ?? y rx: A 5 eea? ww \ . T, I. \ 25 FT PEN Ob 2, f I I sorf? . ? s . / '1 f1 rt a I ? r • , • .' r'?rsr?;c 1'rnq?ms' ? ? . ' ? • : v? y ''J f:=_ R,?,?,,??, SS ]0 r . • ??? ?;?? 11 ` ?t!JOR IE' r 1 ?FT ?, , ? ? ? ?___?_ AtE' ____ ?? ? ' ??? a col •? ,f ? ? ? ? 51 , ? ? AI I I S 25 R pElw E ' , ??`C? 50 I el. t I 1 2 x 1 ?? \, O O,yA lI ' + ` `7 XFTDI. 40 P?0?5R h s. \ Pq /bp[' i I I I sR J L SDEWAIX Je ess ?lr??r7 `fA` I i ?4 I ?p R -`/ AYIYA;,11 t? Jn I ? ? ?t 1 r I J3 ____1__J I lWOE r1 ,11? ' r ' J ;45 I ' fO R,OE 5 19 67 ( U I T02 ? `?. i •? AD5IALYR? / I I . \? (/ ' i )1 Q 36 J7 J8 1.? 41 IS 46 17 A8 A 64 ?f' , I1 hP A2Ag ' • I^ 5 ??O ACl ??.. + I6 75 71 7J IZ \ ... F6 70 fig / '1 &MY 1l1u?' _ FAO° IfATU1AGld--_ ? YU'.fi'L 15 rT P2m'_ - AL _ . ._.. --. -- -•- -PROP a5roF FT Ott (r Y1JWCF71 1 ' 5 R "TOALK IA:X . tttF[RI 5 5 R?YNL,C LEGEND - V as+ne ecwrowr ? 12 I [[u. fink a R'Wi K rAr C rttF Mf t (t1YAAW 1 6 1/2 - J\ 6 pRAmA¢noA TYPE "H" CURB ??_ _. ffmk sAmuRr NOT TO `CAL R 4 •AUmYf - - Cn511.u4Iq RRUxE EIR E 5. al P,PE M >@ r< -1A caA¢ - EGY. [ T CMCPL24tYHKHT ,T nA4;MCM P!W El FL . A- Duct mAa . CA w V b' !r 1P 1d IC Ir 114-1 FT. rASx T tax rCAx 114-1 FT. sl Y$t1WX/ - - -, rA H r ABC ED R TPC N 1 FT R/W (PRIVATE ROAD 60 STREET CROSS SECTION P +E .e , '.5 ARC 5Ci' l .. eyr x1- a .loo t t Y 1 65` Jll 55f r -t5 7 FT 2 f fl . FT ' 'E 1 6r, 7 1) IT Jf n 2r e 5 ,J 0111 2 xJ., 157.1! -q To' 19:59 I.,0.:0 F-1 29.T 1EU1c id :i TI 5E3 iT :d9: I C , _-? X lr I Ir Ir if 2(C,_ 17A•l if 5, X"4L` r e RnFSrm nrw) 50 FT R/W (P. STREET CROP ' : i ' . 0T TO SCA, T CA a lr ffi ffi _ IC?PIC ICIW4 11 fl' ? tr Ir w 3 311/r/n n 00! frw rA9ti4i 5 / v '1/r/FJ 5'.rx11ix' GRASS LINED I A.C 5:1 GRASSED CHANNEL i T V (20' DRA!NAX EASEMENTS) 1 Ncr ro scan I5 1'; (. n r tj?j;j I) FT < f 6l1 5 ? J 1 iI 6 y j FT 2 FT 9 n.11"u r2L' n i'I ''11Y ill ? l1 COASTAL SITE DESIGN, PC EA 117 P/ NS [A40 P(A M1NIIC CCV(T'?,9AL / R .DENIM, P.0 Rcx 4041 N7m?n,lal N C 26406 (91C) 791-4441 5 {{ All! h e!I • ? Y I I ?rjl F r a ? ai o J 6.5? r ? F + FI t W S I'T? iks ; N ti x Jao tt 4a L?pv zc? ?? £o 90rJ p?Z ?Z i22 oY°> cc U d 2 5 g; CL o ` zl 'o CL - o ?J< j U SEAL 1 : VZO3 1 DA;F: 9-13-05 HCRZ. SCALE 1'-- 100' ORARN BY: JSL. CHECKED BY. NSR PROJECT NO.: 04-0011 A ?bMmJ 8 iw'o =. N i ? L '1 71 F i u ce. 1 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. O b- IS 22. (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: OO Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ O 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 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: Fx] 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. Co-Owner/Co-Applicant Information Name: TSV Developers, Inc. _7 .. .._ U Mailing Address: 1904 Eastwood Road s??1 Suite 212 Wilmington, NC 28403 Telephone Number: 910.256.1045 , r Co-Owner/Co-Applicant Information Name: Navaho Investments, LLC Mailing Address: 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Telephone Number: 910.610.1009 Fax Number: Not Applicable E-mail Address: Not Applicable Page I of 11 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. . , 1 Suite E J ;.? Wilmington, North Carolina 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: DLutheran(a?segims III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps arc provided. 1. Name of project: Willowick 2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable 3. Property Identification Number (Tax PIN): R07200-007-030-000 & R07200-007-031-000 4. Location County: New Hanover (County # 65) Nearest Town: Wilmington Subdivision name (include phase/lot number): Willowick Directions to site (include road numbers, landmarks, etc.): _Take South College Road toward Monkey Junction. Take a left onto Holly Ridge Road. Turn right at the light onto Pine Grove Road. Take another right onto Masonboro Loop Road. Turn right onto Navaho Tail. Site is wooded parcel (on the north and south sides of Navaho Trail) found just before Verdura Drive. 5. Site coordinates, if available (UTM or Lat/Long): Approx. 34.16681N / 77.8687°W (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.) 6. Property size (acres): 79.07 acres (3,444,289.2 square feet) Page 2 of I I 7. Nearest body of water (stream/river/sound/ocean/lake): Whiskey Creek 8. River Basin: Cape Fear (Whiskey Creek feeds into AICWW) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property has two areas of reference the North Tract and the South Tract The North Tract is a 39.08 acre parcel, found on the north side of Navaho Trail, and is heavily wooded. The North Tract is surrounded by residential subdivisions on all sides except to the south. The South Tract is located south of Navaho Trail and is comprised of 39.99 acres. The South Tract is partially wooded but has scattered areas of clearing, due to previous timber harvesting. The southern property boundary of the South Tract is Whiskey Creek. The general land use in the vicini of this project site is residential Wetland types found on-site are as follows: The pine flat wetlands associated with the North Tract are vegetated with a canopy of: Pinus taeda, Pinus sertoina and Liquidambar s raciflua• a shrub layer of Myrica cerifera and Persea borbonia• and an understory of Smilax rotundifolia. • The mixed-hardwood wetlands surrounding the swamp forest on the South Tract are vegetated with a canopy of: Magnolia virginiana• a shrub layer of Ilex coriacea and Ilex vomitoria, and an understory of Smilax rotundiflora The canopy of the swamp forest found on the South Tract is vegetated with Quercus li ,gra, and a shrub layer of Arundinaria gi antea 10. Describe the overall project in detail, including the type of equipment to be used: Applicant wishes to develop a 176 lot residential subdivision located off Navaho Trail in New Hanover County. Proposed development plans will conform to low density residential zoning designation for the Darcel in question and will be consistent with the New Hanover County Unified Development Ordinance Utility corridors sewer areas fire hydrants, sidewalks and roadways will be put into service to meet the needs of future residents. Heayyquipment will be used in this project, such as back hoes and bulldozers. The maebinerv will be used to clear the land stabilize the soil and establish rg ade. There are a total of seven (7) areas of proposed wetland impacts and one (1) area of stream impact located throughout the proposed subdivision All of the proposed wetland impacts, as well as the one (1) proposed stream impact, are associated with the completion of roadways, which would grant future homeowners access to lots Of the proposed (7) wetland impacts, 4) of them are associated with the inclusion of culverts, which preserve the integrity of the wetland complex after it has been impacted. The remaining) wetland impacts are required for the completion of the Page 3 of ] 1 roadway, but do not require culverts. The single stream impact is associated with a road crossinu and the incorporation of a culvert (to maintain the flow of the exisiting waterbody). 11. Explain the purpose of the proposed work: To develop a low-density, 176 lot residential subdivision in the Monkev Junction area of New Hanover County. 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 # 200400550 (Notification of Jurisdictional Determination) - North Tract USACE Action ID # 200600561 (Notification of Jurisdictional Determination) - South Tract 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. Coastal Site Design will be applying for Stormwater and Sediment and Erosion permits No additional wetland or stream fills are anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 4 of 11 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Impact Area A: Fill is necessary to complete roadway. The area created by the filling of the wetland complex will be utilized as open space for the subdivision-(see attached restrictive covenants). Impact Area B: Fill is necessary to complete roadway. Retaining wall will be installed. Impact Area C: Excavation for culvert and fill are necessary to complete roadway. Impact Area D: Fill is requested to completion road and drainage swale proposed for water comin Impact Area E: Impact Area F: g off roadway. Excavation and fill are required to complete roadway. Excavation for culvert and fill are necessary to complete roadway. Impact Area G: Excavation for culvert and fill are necessary for completion of roadway. 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 0.06 No N/A Pine Flat B Fill 0.10 No N/A Pine Flat C Fill/Culvert 0.05 No N/A Pine Flat D Fill 0.03 No N/A Pine Flat E Fill/Culvert 0.01 No N/A Pine Flat F Fill/Culvert 0.08 No N/A Swamp Forest G Fill/Culvert 0.02 No N/A Forested Tributary * 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 httn://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, ctc.) 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: 18.04 acres (785,695 square feet Total area of wetland impact proposed: 0.35 acre (15,246 square feet) Individually list all intermittent and perennial stream impacts below: 72 L.F. Page 5 of I 1 Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please s pecify) 1 Culvert 72 UT Whiskey Creek 3.7' Perennial I- "L caul unpact scparatery anu mcniny 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 72 L.F.. 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. L IbL UaWl 11111Jaci separately anu Munmy temporary impacts. impacts mciude, but are not umtted to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation Yes 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 D stream O wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater purposes & discharge water into wetlands. Size of watershed draining to pond: Not Applicable Expected pond surface area: Not Applicable 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 Page 6 of I I were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Discharp,e of fill material is necessary to complete the proposed project While bridging the road crossings would result in no impacts the cost of bridging is prohibitive for this project, therefore it is not a practicable alternative The applicants have gone through several designs while developing this protect The original layout of the project has been revised in order- to minimize and avoid unnecessary impacts to wetlands (please see attached). The applicants have gone to great lengths to avoid impacts to valuable aquatic resources. The lots have been restructured and reorp-anized, so that none of the fill requested in this permit application is for lot fill Those areas proposed for fill are associated with road crossings Small lots have been utilized to achieve the desired density, while minimizing impacts to natural resources. The houses cannot be rearranged on the future subdivided parcels, due to the small size of the lots. The applicant removed lots to eliminate impacts to the large wetland complex, therefore the applicant must have the remaining future parcels to make the project practicable. In order to avoid the heart of the wetland complex and to protect the small drainage leaving this area the applicant has revised the layout and placed lots only on the perimeter of the wetlands. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.htiiil. Page 7 of 11 Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The United States Army Corps of Engineers has a "no net loss of wetlands" policy, meaning, if the applicant impacts jurisdictional waters, he must then compensate for those losses. The Corps' preferred method of compensatory mitigation is preformed on-site and in-kind. The applicant is proposing to provide project-specific mitigation in order to off-set impacts to wetlands associated with this project. In addition to the avoidance and minimization discussed in Section VII, mitigation is offered through two fashions forested wetland creation (to off-set wetland impacts) and a payment to the North Carolina Ecosystem Enhancement Program (NC EEP), to off-set the proposed stream impact. In an area of high development, which is also associated with sub-standard water guality, the creation of additional wetlands on-site is imperative, as it will allow for more filtration of impurities found in runoff. The applicant proposes the creation of an additional 1.05 acres of on-site wetlands, meeting the 3:1 mitigation standard set fortli by the Army Corps of Engineers. The applicant is also proposing to place the created wetlands into strict preservation. Please see attached mitigation proposal for details. Payment to the NC EEP will be made at a 1:1 ratio for impacts to a warm-water stream. 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):72 Linear Feet 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. Page 8 of 11 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 O If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? 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 i 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. Page 9 of I I 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. Currently, there are no impervious surface areas found on-site Stormwater will be treated using 100' vegetated swales North Tract Calculations: Total Tract Size: 39.08 ac Total Wetlands: 14.21 ac Total Roads: 2.44 ac Total Sidewalks: 0.42 ac -+ 19.88% of total tract area is impervious (North Tract). South Tract Calculations: Total Tract Size: 39.99 ac Total Wetlands: 4.13 ac Total Roads: 3.35 ac Total Sidewalks: 0.93 ac Total Amenities: 0.20 ac -+ 21.85% of total tract area is impervious (South Tract). 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. Sewer service to connect to New Hanover County public sewer system. II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? Yes ? No R 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 Page 10 of 11 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 11 of 11 v ?o `? <?? 2 i? 40 20 0 40 80 120 SCALE IN FEET: 1"= 40' 17+87.50 VAR WDTH IMPACT AREA 2' ,,MAL 6' ABC STW DOS17MG GROUND 28 IMPACT AREA A 2675 SO FT C CARO'' 24 ?'Q aF?.SS?a?y i SEAL 025.483 t 10. 20 s -40 -20 0 20 40 O ? H N O 1 P? ? O n 0 ROW L i ? r_ m o ? . 0 W o N O i? Iv ?g q o? ~ ```v,``l?ll'1111f7rf?rrr'' • N? ?OT '2 ?1rt ? r y THE PART! AT KLOiNX WETLANDS IMPACT rT+ -1, Ln AREA B for if N usnoooM4D9" s.rt r t THE PARK AT WLLOMCK ? Z m D ia?t Ma ??act WI[ .uwaiwt .c rsw.r ?.tis`-="t?'?s?rr C r?'+ I-' A o - M 0 7 v r? 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Zi.?.'=' Harz: nu ? r?i r ,v```,`% 1. 11111111 % A O I I O .A O j-:? N O y O ? m t• Z ? n ? ? n ? m ti A O n F co 50 F ? STREE PRI VA TF N 0 ?•I ?v ! ME PARK AT K?LLONIL7( WETLANDS IMPACT m n icnrm ...woe io.s. O AREA F for Iv „?o,r THE PARK AT WTLLOWICK!f z m •[X w0. i¢>was DAW c1?D1( Ml; m 0wr 'ua rrr ..r_•r -s ,1 g O? rv . ??? 4,?i .` O? 0 ? o t? ? N tom ?* = PMT TI? IL % Yr 14 -4 ?g N (nom ? ? -fa Op N O ., STREET . Roao c o o o N 0 » PRY VA Zr ROW L4 . _......... T .06 co N LLLL-j N t Iv THE PARK AT WiLLOWTCK m --i ? Iv ! ?? a ME PARK AT iN(lONip( WETLANDS IMPACT c) AREA G for a l rp. urr.om nwo ?.? Z': a r ux r1n ItL11weO arc . naworv( wC ts'ot y yrs:'t?????? _ ? r `%N`gj{c'ILllllrr?r ? ?- ""'• ? iii 1 p o" ' O ti O A N 0 0 n t• m ' m o 0 Oa 0 N 0 71 /i . v T THE PARK AT MUOM r v ?c hu J[i1wa7 wl[ w-ho4nn -c no I M/N 31dnldd ld OP 18nOD 8ndS>IaV7 s?,/oo C) a r- m z m m O IIO v ?v Iv D 3 i ! § a THE PARR AT WfLLONIpI WETLANDS ZOOM SHOT O f >'€ or R THE PARK AT WUOMCK g z m 'i Irw wwq LR tri • D K Ma W RD-j" RD-j" AR /Man^ Kc ???? tDP{ MC 7D10.7 ?T'Y?RLTl.SSY.?T 'C1.77:2 1 "' n F% 9U vne_ 5 Southern Environmental Grou P, Inc. 5315 South College Road, Suite F- • Wilmington, North Carolina 28+12 910.452.271 1 • rax: 910.452.2899 •- office@segi.us www.segws Willowick Mitigation Plan Requested By: TSV Developers, Inc. 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Navaho Investments, LLC 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Prepared By: Amanda Kolb Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 September 2006 Revised January 2007 Introduction TSV Developers, Inc., in conjunction with Navaho Investments, LLC, is proposing to develop a residential cluster subdivision, Willowick, that will be located at 1300 Navaho Trail, Wilmington, Masonboro Township, New Hanover County, North Carolina. The applicants are requesting Department of the Army approval for unavoidable impacts to Section 404 wetlands. TSV Developers, Inc., and Navaho Investments, LLC, have retained Southern Environmental Group, Inc. (SEGi) to prepare a mitigation plan to off-set all unavoidable wetland impacts associated with the proposed development. Willowick is comprised of two tracts, which encompass a total of 79.07 acres. The parcels are collectively referred to as the "North Tract" and the "South Tract." Two environmental consulting firms were hired to do the wetland delineation. In 2004, Soil and Environmental Consultants, PA, based out of Raleigh, delineated the North Tract. Southern Environmental Group, Inc., performed the delineation on the South Tract in 2005. It was determined that of the 79.08 acres, 18.04 acres would be considered jurisdictional wetlands according to the parameters set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. Two separate field verifications were conducted by Ms. Jennifer Frye of the United States Army Corps of Engineers, Wilmington Regulatory Division. The verification of the North Tract was held on 21 December 2004, and the verification for the South Tract was held 16 March 2006. The North Tract, located on the north side of Navaho Trail, contains 39.08 acres. The land is heavily vegetated and unimproved. The property identification number (PIN) is R07200-007-030-000, and the Action ID number is 200400550. The South Tract is comprised of 39.99 acres, found on the south side of Navaho Trail (PIN: R07200-007- 031-000; AID: 200600561). The South Tract is more sparsely wooded then the North, due to timber harvesting performed in the Summer of 2004. Currently, the site is wooded, with scattered clearings throughout the parcel. There is also a branch of Whiskey Creek that infiltrates the property on the southern tract. The surrounding land use in the vicinity of the project is residential. Impacted Sites At the present time, 18.04 acres of jurisdictional wetlands exist within the proposed development. Completion of the proposed subdivision requires that 0.35 acre of 404 wetlands and 72 linear feet of an unnamed tributary to Whiskey Creek be impacted. The applicant has not proposed any impacts to Whiskey Creek. There are a total of seven (7) areas of proposed wetland impacts and one (1) area of stream impact located throughout the proposed subdivision. All of the proposed wetland impacts, as well as the one (1) proposed stream impact, are associated with the completion of roadways, which would grant access to lots, while meeting minimum DOT standards. The impacts are unavoidable, and have been minimized as much as is practicable (Figure 2 - Impact Maps). In 2003, the land owner obtained a permit to log both tracts of land. While the North Tract had "forest use" tax status, no logging was performed on this tract, as it was under consideration for development. The applicant felt that even though it would have been legal to have the property logged prior to development, it would have been unfair to the spirit of the City's tree ordinance to harvest the timber. Therefore, the North Tract remains unaltered, in a heavily wooded state. The North Tract is comprised of a large pine flat wetland system, surrounded by wooded uplands. The areas of proposed wetland impacts associated with the North Tract can be classified as pine flat. At the time the logging permit was obtained, there were no development plans for the South Tract. A portion of that tract was selectively logged in Summer 2004, for pine saw-timber (>12" diameter breast height) and other smaller merchantable pines. At the present time, a variety of different habitats are present throughout the parcel. A branch of Whiskey Creek infiltrates the southern portion of the South Tract. That area is surrounded by coastal wetlands, which leads up to an Unnamed Tributary (UT). The UT of Whiskey Creek extends to a large wetland mass, composed of a swamp forest (found on the interior of the wetland complex), surrounded by a mixed hardwood wetland system on the exterior. The forested areas of the property are primarily wetlands, with a small portion delineated as forested upland. The remainder of the site is uplands. The areas of proposed wetland impacts can be classified as swamp forest and along a forested tributary to Whiskey Creek. Soils Soil types present within the proposed Willowick Subdivision include Baymeade fine sand (Arenic Hapludults), Craven fine sandy loam (Aquic Hapludults), Leon fine sand (Aerie Haplaquods) and Lynn Haven fine sand (Typic Haplaquods) (Figure 7 - Soils Map). The soil types mapped in the areas of proposed impacts include: Leon sand (Aerie Haplaquods) and Lynn Haven fine sand (Typic Haplaquods). Both of these soils are classified as hydric, according to the National Hydric Soils List. Vegetation Vegetation associated with the project site includes: Arundinaria gigantea (Cane reed), Ilex coriacea (Large gallberry), Ilex vomitoria (Yaupon holly), Liquidambar styraciflua (Sweetgum), Magnolia virginiana (Sweetbay magnolia), Myrica cerifera (Wax myrtle), Persea boronia (Red bay), Quercus nigra (Water oak), Smilax rotundiflora (Catbriar), Pinus taeda (Loblolly pine) and Pinus serotina (Pond pine), among others. The pine flat wetlands associated with the North Tract are vegetated with a canopy of Pinus taeda, Pinus serotina and Liquidambar styraciflua; a shrub layer of Myrica cerifera and Persea borbonia; and an understory of Smilax rotundifolia. • The mixed-hardwood wetlands surrounding the swamp forest on the South Tract are vegetated with a canopy of Magnolia virginiana; a shrub layer of Ilex coriacea and Ilex vomitoria; and an understory of Smilax rotundiflora. The canopy of the swamp forest found on the South Tract is vegetated with Quercus nigra; and a shrub layer of Arundinaria gigantea. Hydrology The site currently is fed by precipitation combined with a high, shallow ground water table. The wet pine flat on the North Tract acts as a headwater region for the UT of Whiskey Creek. Hydrology indicators in this area include: drainage patterns, saturation in the upper twelve inches, water marks and water stained leaves. The UT associated with the South Tract is tidally influenced near its confluence with Whiskey Creek. It is not tidal at the proposed crossing. The North and South Tracts are hydrologically connected by a ditch underneath Navaho Trail. Mitigation The proposed wetland impacts will permanently impact 11,251 square feet (0.25 acre) of pine flat wetlands, 871.2 square feet (0.08 acre) of forested tributary, 72 linear feet of warm water stream, and 3,484.4 square feet (0.08 acre) of swamp forest. As compensation for these impacts, the applicants are proposing: the creation of 1.05 acres forested wetlands, the placement of those created wetlands into strict preservation, and payment to the North Carolina Ecosystem Enhancement Program (NC EEP) at a 1:1 ratio (to off-set the proposed stream impact). Creation (1.05 acres) The first component of wetland mitigation for proposed impacts within the planned subdivision will be the creation of a forested wetland associated with Whiskey Creek, totaling 1.05 acres (Figure 6 - Exhibit Map). As denoted on the Wetland Mitigation Map, it appears the area most conducive to wetland creation would be to the northwest of the large wetland complex found on the South Tract. The soil associated with that area is Leon fine sand (Aeric Haplaquods), which is listed as a hydric soil on the National Hydric Soils list. The applicants are proposing to excavate this area to an elevation equal to that of the adjacent wetland. By doing so, they will be taking the necessary steps to allow wetland hydrology to develop, by intercepting the existing shallow ground water table. The area will be planted with an abundance of wetland vegetation. Plantings will occur in zones, with the wettest species found in the middle of the created wetland. In addition, the rootmat, including hydric soils and seed bank, from the wetland areas that will be filled, will be placed in the excavated area, though special care will be taken to ensure rootmat is incorporated in between plantings. In doing so, the applicants will be incorporating an established seed bank, to ensure long-term erosion does not occur. The presence of soils and vegetation, paired with the reduction in elevation, should produce a viable wetland system in the new location. By introducing these factors, the applicant is making every effort to ensure the three parameters associated with wetlands are met and maintained: hydrology, hydric soil and vegetation. Photographs will be taken upon completion of the created wetland, and one year after. These pictures will be used to determine survival of the desired species and the establishment of hydrology in this area. In addition, the created wetland complex will be placed into strict preservation, essentially revoking the right to fill, grade, excavate or perform other land disturbing activities within the wetland area (see Figure 11 - Draft Copy of Restrictions). The restrictions will be designed to ensure perpetual preservation of the property and will be held by the homeowner association. Payment to the North Carolina Ecosystem Enhancement Program (72 Linear Feet) The second element of proposed mitigation consists of payment to the North Carolina Ecosystem Enhancement Program (NC EEP) at a 1:1 ratio, in order to off-set the proposed 72 linear feet of stream impact (Figure 10 - EEP Acceptance Letter). According to the NC EEP website, payment is accepted "from permit holders in lieu of actual undertaking of a mitigation project. EEP then uses the money to create, restore, or enhance wetlands, streams and riparian areas." (http://www.nceen.net/pap-es/doingbiz.htm) "One purpose of the Ecosystem Enhancement Program- is to provide a consistent and streamlined approach to address compensatory mitigation requirements associated with Section 401 and 404 permits issued by the N.C. Division of Water Quality and the U.S. Army Corps of Engineers. "To meet this goal, EEP accepts payment to the NC DENR Wetland Trust Fund according to the fee schedule and performs mitigation on behalf of permit applicants... By consolidating the mitigation requirements of multiple small projects, EEP is able to implement large-scale watershed restoration efforts that restore or enhance water quality, habitat and hydrology. Using its Watershed Restoration Plans and Local Watershed Plans, EEP is able to focus compensatory mitigation projects in those places with the greatest need for restoration - ultimately increasing the ecological effectiveness of these projects." (http://www.nceel2.net/pages/mitigate.htm) By making payment to the NC EEP, the applicants will be assured that the funds they have provided will go to the restoration of a waterbody that is in need. Habitat Values Due to the high quality of these wetlands, they provide a number of functions pertinent to wildlife, which migrate through the area seasonally or utilize these areas during a life history stage. These wetlands provide a wildlife habitat corridor in an area where development occupies the majority of the surrounding land. Mammalian species which may utilize the wetlands include: Odocoileus virginia)1us (white-tailed deer), Vulpes vulpes (red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon), Didelphis Virginian (opossum), Sciurus carolinensls (gray squirrel), and smaller rodents such as the Peromyscus sp. (field mouse). Bird species which may utilize the wetlands include: various species of predatory hawks and owls, as well as smaller bird species such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay), Minius polyglottos (mocking bird), Cantopus virgins (eastern wood pewee), Parus carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It should be noted that this habitat provides excellent migratory and resident song bird habitat and nesting areas. Herpetological species which may utilize the wetlands include: Agkistrodon piscivorus (eastern cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough green snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species likely to be found include: Terrapene carolina (eastern box turtle), Clennnys guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubruni (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true frogs) families. Various species of salamanders from the Ambystoma (mole salamanders), Notophthalmus (newts), and Plethodon (wood salamanders) families. Monitoring and Success Criteria To ensure the successful establishment of the created wetlands, long term monitoring will be required. The hydrologic regime will be monitored, for a five (5) year period, or until the Corps deems the creation successful. Biannual site visits will be conducted in the spring and fall seasons, and yearly reports will be submitted in the spring. Photographs will be taken on-site, to document the viability of the restored wetland complex. Vegetative counts will be performed on a yearly basis. In addition, monitoring wells will be installed to ensure adequate hydrology. The texture of the soils in the wetland creation area will be observed, to measure the moisture content. The success criteria of this mitigation site will be based on the 1987 Army Corps of Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets the three wetland parameters outlined in the manual. The site will be deemed successful by meeting the following success criteria for a period of five (5) consecutive years, or until the Corps' deems the creation successful: Vegetation Vegetation will be introduced into the wetland creation area by transplanting root mat, hydric soil and seed bank from wetland areas to be filled within the project site. Transplantation of root mat will occur in between plantings, so as not to hinder the growth of planted species. The incorporation of an established seed bank will ensure adequate vegetation and help avoid long-term erosion. Bank stabilization will be established by placing coconut matting along the slopes. A total of 520 plants will be planted within the wetland creation area (see attached plant list and planting plan). Species diversity will be noted during the growing season. Pin flags will be used to denote the planting locations for monitoring. Vegetative counts will be performed on a yearly basis, to determine vegetative success rate. Vegetative success will be based on the predominance of FAC+, or wetter, species observed within the wetland creation area. For success criteria to be met, we would expect a survival rate of 320 planted trees per acre, after 2 years, and 260 trees per acre, after 5 years. The presence of hydric soil and the introduction of vegetation, in addition to the reduction in elevation, should produce a dynamic wetland system in the creation area. Hydrology Hydrologic monitoring within the site will consist of determining the position of the water table at various locations in the creation area. A single monitoring well will be installed within each proposed creation area. A total of two (2) wells will be utilized at Willowick. The wells will be installed to a depth of 20 inches and will be sealed with sand and bentonite. These wells will take a daily reading of the water table depth and this data will be processed into graphs and plotted against National Weather Service rainfall data for the area. In order to be considered a viable wetland complex, the plotted data from the monitoring wells must document that the water table is within twelve (12) inches of the surface for at least five percent (5%) of the growing season. According to the New Hanover County Soil Survey, the growing season for New Hanover County occurs between February 27 and November 26. Five percent (5%) of two hundred seventy-one (271) days equals thirteen and a half (13.5) consecutive days'. Should the created wetland meet the aforementioned criteria, in addition to having viable wetland vegetation and hydric soils, the applicants could consider the created wetlands a success. Soils Hydric soils are present at the proposed creation site. It is the applicant's intent to further enhance these soils by excavating to the level of the existing shallow ground water table and introducing the upper soil profiles of the existing wetlands from the proposed impact areas. Establishment of a hydrologic regime and presence of a seed bank from the transplanted soil should help ensure the success at the proposed creation area. In addition, the texture of the soils in the wetland creation area will be observed, to measure the moisture content. Contingency Plan Should the above-referenced creation plan not meet the success standards and specifications set forth by the United States Army Corps of Engineers, the Applicants are proposing to make payment to the North Carolina Ecosystem Enhancement Program in an amount proportionate to compensate for impacts to jurisdictional waters. References 1.) Soil Survey of New Hanover County, North Carolina. United States Department of Agriculture, April 1977. 2.) "The New Hanover County Tidal Creeks Program." Michael A. Mallin ETAL, January 2005. httl2://www.unewil.edu/cmsr/aquaticecology/TidalCreeks/AnnualReports/2003- 2004/Whiskey.htm 3.) "The State of Water Quality in Wilmington: One of the Cities Most Valuable Resources. A State Environmental Report." Misty Fedoroff, June 2006. http://www.wilniin t? onne.gov/Portals/0/devlserv/soe06 waterqual 052006.pdf#search= %22whiske3%20creek%20sa%20hgw%22 LOCA71ON TIP 1 ?IA L GEND tanonrt v Wort v rr --' mrm? ue . n[wnox o.nn.a nn r`r ® M.CI[p NFAS ?T-l-r T-1-r T- F- -1-1_?,I-..?, ..; •• . { ?, . l • . •... //\ ICI®I®I®I®?®?®I®I®I nl l `, 1®I®1 :::a +?(?ttns?,.•, ° :1: ?? \ I I I I SOUTH A COURT I I 50 ? PR"va COURT . / ® \ l;1: 150 Fr PRIVATE R/W1 1 ? I ® l l®l I) I I I I Is ®Ipl®I Il®l III???' ? 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UGH I z? 2_ i F ?[U DAM 11-25-06 h'MZ SCAM, 1'- 200' KRI SCALE NIA DRAW Or $ 04MED Or HS? PRaXrT A0: 05-6051 r? ? r L225 L227 L228 L229 r L22 k L230 L2 1 119 ?9 L233 L234 L235 L236 A237 ' k k k x k , 22a k x X x k k k k k k k x k k k x k` k tix k O.k k k k k k k k'' )c )c )c tr) 6? r v x k k x k k k N N k k "AREA A k -,k k k k k SF k k k k k , k ?? k )C x72,178 k k k k 6 rn4 k k k. k k k - k- _- -k k 9 k x k k k k k k Cl95 kk k k k k x/ cS`I 2 k k ;k ? - ? - 6 k k x k .k-k k $ 420 S X` k x...k k 20? _kV k -`; L20 k' a EXISTING eFTLANDS ti0 2 L (lgl _ Qo L247 a 74.6 48 4 2 N ?? ?`? ? + + + ?-?24 ?0 -(252 Ntih ? N ti 6 N L40 ,? . + + + + + '76 + r?+?o + +13,637'SF ( 64 ? ?9 ! L197,,' ?, + + s jo- + + EXISTING WETLANDS (1g6 COASTAL SITE DESIGN, PC onfevmc LmV PL~. MAC? AI / P,CS Unk P.D. 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"? ? 1C0"9s ? ?• R f F%9ure 8 5outkern environmental Cjroup, Inc. 5515 Soutk College }load, Suite r • Wilmington, North Carolina 28+12 910.-+52.2711 • Fax: 910.452.2899 • office@segi.us www.seg1.us Planting Plan for Willowick Creation Areas A & B Elevation / Symbol T Scientific Nance Common Name Spacing Quantity Carpinus caroliniana ironwood 10' 65 Magnolia virginiana sweet bay 10' 32 Myrica cerifera wax myrtle 10' 65 Persea borbonia red bay 10' 32 Quercus laurifolia laurel oak 10' 32 Lir odendron tulipifera tulip poplar 10' 32 Magnolia virginiana sweet bay 10' 33 Persea borbonia red bay 10 33 Quercus laurifolia laurel oak I 10' 33 Fraxinus pennsylvanica green ash i 10' 33 Nyssa aquatica var. biflora water tupelo 10' 65 Taxodium distichum bald cypress 10' 65 *Wetland substrat e removed for impacts will be utilized as matting for created w etland area* *Total quanitity of vegetation to be planted equals 520 Creation Area A Col'z'e?t, i? Z 7 7 7 \\ \ --- - > \\ \\ AIL 7 V v 0+74.65 Creation Area B \\ \\ \ Z- sIL \ \ \ A 7 Z- <A O+W o octstoo xstlv 7 g Wotl Odhoro Not to Scale Date: December 14, 2006 Project M 05108.01 Drawn By: Amanda Kolb Planting Plan Proposed MoAck Subdivison ftkuton, New Hanover Count,; NC 5 outhern Environmental 6 roue, Inc. 5315 College Road Suite E Wihnington, North Carolina 28412 Office (910) 452-2711 Fax (910) 452-2899 Figure I0 ?Ecos stem PROGRAM December 5, 2006 TSV Developers, Inc. c/o Amanda Kolb Southern Environmental Group, Inc. 5315 S. College Road, Suite E Wilmington, NC 28412 Project: Willowick County: New Hanover MID V' ' The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. 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 NCEEP. Once NCEEP 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 followine table. River Basin Stream Impacts (feet) Wetlands Impacts (acres) Buffer I Buffer II CU (Sq. Ft.) (Sq. Ft,) Cold Cool Warm Ri arian Non-Riparian Coastal Marsh Cape Fear 0 0 72 0 0 0 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 mitigation-to-impact 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 Kelly Williams at (919) 716-1921. Sincerely, Wil ' m D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jennifer Frye, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, NCDCM-Morehead City File Resto?r,?t?... E ... Protectu29 Ow State A?L, NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net 1= ijurr- 11 DRAFT COPY OF RESTRICTIONS (Pertaining to Created Wetland Complex on South Tract) The areas shown on the recorded plat (identify the plat by title, date, and recording data) as conservation areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation area: a. fill, grade, excavate or perform any other land disturbing activities b. cut, mow, burn, remove, or harm any vegetation c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area e. dump or store soil, trash, or other waste f. graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID , and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it. Modification of this particular Section _ of Article - will require express written consent of the United States Army Corps of Engineers. Permittee shall execute and cause to be recorded in the County Register of Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on the recorded plat* (identify by title, date, and recording data), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording. ?, 9u re e:I~ u j? IA. ai•1 \ i \ v' /j v ? / " - III J' 0 ? 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W Of FA;1 v A I W W 74 3 1 ? ??? ? W 1 I ® W / /. i ? IJ 1 ? AV I I ?{iJ? ?? I W ?v ?` ® 1 el ? / 'far. ?.ovao I?? I I - - - - ? wz ??- ? ,l ,+. W J9 I I `\ 1 O i II ` / 0 I lj I 0 O 'a 1 /15? p2 1 ` C r? A ,I " Q Q) 0 l G L: 1 ? M ' E5 ef,, a If ,p BO C.,O, ry ?.?':?.. 404 _ ? rl Ito, 0.06 qC ND?+ " s n ab > i 'P? rAle ti/f �, ��tZ.. �t t• •fir < .'•; J �. -✓•� ..."�`y�'�. cl ���•Y:." �''�MY`P VS�j k �?� �Y� stay'_• � / A •" i,,, V. cSj 1�•t-�• 4 f y,�•4 F�G� ,�Nbs i'i�`(�,.,.�". G",yp.'t�° .r�'"�" a � f ✓'tY •� ��� ' � . i �,t\! ,,.,. . P' � d� � >•' `. �.Y' -. <.•IiY,Y v .}..r, W, Y a n�s�� � .T,�,1 y t o�.,�,�� 40 r 4.4 _. .„y. _\ � C+ t i ' cq�t ' r: +� .i .. t .�.ry , S) s°' .�',,�. �• v 111 r,.(t �4igi�-`.�+, i. "�� (�c •' li._ r'a� °� ,. my ^-` r•$1, �.- rs �(F re t k8r;, c k r�. -�� 1 {, r a� .�' _ 1:�Gr�j�-' a � �y�t � 4�'�i' y i r 4�� N'•.. f��+ '1 i r��t•"•.)t i Y •>�.,�;i x ,i[e;2 tip".; ```��xyy'.✓y)�'� �r1 si �~'I i •� , �t(r 1, • l•t✓•'FiN' rt` _ J' ;err �iy'r, l : , ' 7.•.., ib . � Nc. •� [.�Q•f'S:�11--L.a 4��h � .- ..�. - ✓( ._. _ - ,.r .. `- ...�• p =. �"i-..-��:.. r .�.�`�'�.1. .a -_ E S M ! y ?, 4 _ rr ,- ay A n aL?? s.. i R ure I Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. D 6- 1 S Z Z (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) Processing II. ' J 1. Check all of the approval(s) requested for this project: R- Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ Z 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 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: ?x 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: ? Applicant Information 1. Co-Owner/Co-Applicant Information Name: TSV Developers, Inc. Mailing Address: 1904 Eastwood Road Suite 212 , Wilmington, NC 28403 ' Telephone Number: 910.256.1045 `,tf Co-Owner/Co-Applicant Information Name: Navaho Investments, LLC Mailing Address: 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Telephone Number: 910.610.1009 Fax Number: Not Applicable E-mail Address:_ Not Applicable Page I of 1 I 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. " 1 Suite E i ? ` J Wilmington, North Carolina 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: DLutheran n,segims III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Willowick 2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable 3. Property Identification Number (Tax PIN): R07200-007-030-000 & R07200-007-031-000 4. Location County: New Hanover (County # 65) Nearest Town: Wilmington Subdivision name (include phase/lot number): Willowick Directions to site (include road numbers, landmarks, etc.): Take South College Road toward Monkey Junction. Take a left onto Holly Ridge Road. Turn right at the light onto Pine Grove Road. Take another right onto Masonboro Loop Road. Turn right onto Navaho Tail. Site is wooded parcel (on the north and south sides of Navaho Trail found just before Verdura Drive. 5. Site coordinates, if available (UTM or Lat/Long): Approx. 34.1668°N / 77.8687°W (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.) 6. Property size (acres): 79.07 acres (3,444,289.2 square feet) Page 2 of 11 7. Nearest body of water (stream/river/sound/ocean/lake): Whiskey Creek 8. River Basin: Cape Fear (Whiskey Creek feeds into AICWW) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property has two areas of reference the North Tract and the South Tract The North Tract is a 39.08 acre parcel, found on the north side of Navaho Trail and is heavily wooded. The North Tract is surrounded by residential subdivisions on all sides except to the south. The South Tract is located south of Navaho Trail and is comprised of 39.99 acres. The South Tract is partially wooded but has scattered areas of clearing, due to previous timber harvesting. The southern property boundary of the South Tract is Whiskey Creek. The general land use in the vieffi of this project site is residential Wetland types found on-site are as follows: The pine flat wetlands associated with the North Tract are vegetated with a canopy of: Pines taeda, Pines sertoina and Liguidamhar styraciflua: a shrub laver of Myrica cerifera and Persea borbonia• and an understory of Smilax rotandifnlia. • The mixed-hardwood wetlands surrounding the swamp forest on the South Tract are vegetated with a canopy of. Magnolia virginiana• a shrub laver of Ilex coriacea and Ilex vomitoria; and an understory of Smilax rotundiflora The canopy of the swamp forest found on the South Tract is vegetated with Quercus nigra; and a shrub laver of Arundinaria gigantea 10. Describe the overall project in detail, including the type of equipment to be used: Applicant wishes to develop a 176 lot residential subdivision located off Navaho Trail in New Hanover County. Proposed development plans will conform to low density residential zoning designation for the parcel in question and will be consistent with the New Hanover County Unified Development Ordinance Utility corridors sewer areas fire hydrants, sidewalks and roadways will be put into service to meet the needs of future residents. HeavLquipment will be used in this project, such as back hoes and bulldozers. The machinerv will be used to clear the land stabilize the soil and establish rade. There are a total of seven (7) areas of proposed wetland impacts and one (1) area of stream impact located throughout the proposed subdivision All of the proposed wetland impacts, as well as the one (1) proposed stream impact, are associated with the completion of roadways, which would grant future homeowners access to lots Of the proposed (7) wetland impacts, (4) of them are associated with the inclusion of culverts, which preserve the integrity of the wetland complex after it has been impacted. The remaining) wetland impacts are required for the completion of the Page 3 of 1 I roadway, but do not require culverts. The single stream impact is associated with a road crossing and the incorporation of a culvert (to maintain the flow of the exisiting waterbody). IV. V. VI. 11. Explain the purpose of the proposed work: To develop a low-density, 176 lot residential subdivision in the Monkey Junction area of New Hanover County. 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 # 200400550 (Notification of Jurisdictional Determination - North Tract USACE Action ID # 200600561 (Notification of Jurisdictional Determination - South Tract 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. Coastal Site Design will be applying for Stormwater and Sediment and Erosion permits. No additional wetland or stream fills are anticipated. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 4 of 11 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Impact Area A: Fill is necessary to complete roadway. The area created by the filling of the wetland complex will be utilized as open space for the subdivision-(see attached restrictive covenants). Impact Area I3: Fill is necessary to complete roadway. Retaining wall will be installed. Impact Area C: Excavation for culvert and fill are necessary to complete roadway. Impact Area D: Fill is requested to completion road and drainage swale proposed for water coming off roadway. Impact Area E: Excavation and fill are required to complete roadway. Impact Area F: Excavation for culvert and fill are necessary to complete roadway. Impact Area G: Excavation for culvert and fill are necessary for completion of roadway. 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 0.06 No N/A Pine Flat B Fill 0.10 No N/A Pine Flat C Fill/Culvert 0.05 No N/A Pine Flat D Fill 0.03 No N/A Pine Flat E Fill/Culvert 0.01 No N/A Pine Flat F Fill/Culvert 0.08 No N/A Swamp Forest G Fill/Culvert 0.02 No N/A Forested Tributary * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 18.04 acres (785,695 square feet) Total area of wetland impact proposed: 0.35 acre (15,246 square feet) 3. Individually list all intermittent and perennial stream impacts below: 72 L.F. Page 5 of 11 Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci 1 Culvert 72 UT Whiskey Creek 3.7' Perennial ..,Z.L cuw uupact scpatatery anu taenmy 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest. coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 72 L.F.. 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 Im act* p Area of Im act p acres Name of Waterbody F (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. ust eacn impact separatery ana identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation Yes 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 0 stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation; installation of draw-down valve or spillway, etc.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater purposes & discharge water into wetlands. Size of watershed draining to pond: Not Applicable Expected pond surface area: Not Applicable 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 Page 6 of 11 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Discharge of fill material is necessary to complete the proposed project While bridging the road crossings would result in no impacts the cost of bridging is prohibitive for this project, therefore it is not a practicable alternative The applicants have gone through several designs while developing this project The original layout of the project has been revised in order to minimize and avoid unnecessary impacts to wetlands (please see attached) The applicants have gone to great lengths to avoid impacts to valuable aquatic resources. The lots have been restructured and reorganized, so that none of the fill requested in this permit application is for lot fill Those areas proposed for fill are associated with road crossings Small lots have been utilized to achieve the desired density while minimizing impacts to natural resources. The houses cannot be rearranged on the future subdivided parcels, due to the small size of the lots. The applicant removed lots to eliminate impacts to the large wetland complex, therefore the applicant must have the remaining future parcels to make the project practicable. In order to avoid the heart of the wetland complex and to protect the small drainage leaving this area the applicant has revised the layout and placed lots only on the perimeter of the wetlands. 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 httl2://h2o.enr.state.ne.us/ncwet]ands/strmgide.hti-o1. Page 7 of 11 Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The United States Army Corns of Engineers has a "no net loss of wetlands" policy, meaning, if the applicant impacts jurisdictional waters, he must then compensate for those losses. The Corps' preferred method of compensatory mitigation is preformed on-site and in-kind. The applicant is proposing to provide project-specific mitigation in order to off-set impacts to wetlands associated with this project. In addition to the avoidance and minimization discussed in Section VII, mitigation is offered through two fashions, forested wetland creation (to off-set wetland impacts) and a payment to the North Carolina Ecosystem Enhancement Prop-ram (NC EEP), to off-set the proposed stream impact. In an area of high development, which is also associated with sub-standard water quality, the creation of additional wetlands on-site is imperative, as it will allow for more filtration of impurities found in runoff. The applicant proposes the creation of an additional 1.05 acres of on-site wetlands, meeting the 3:1 mitigation standard set forth by the Army Corps of Engineers. The applicant is also proposing to place the created wetlands into strict preservation. Please see attached mitigation proposal for details. Payment to the NC EEP will be made at a 1:1 ratio for impacts to a warm-water stream. 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/wM/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):72 Linear Feet 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. Page 8 of I 1 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 ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No Z 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* L Impact (square feet Multiplier Required Mitigation 1 _ 3 2 Total 1.5 * 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. Page 9 of 11 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. Currently, there are no impervious surface areas found on-site Stormwater will be treated using 100' vegetated swales. North Tract Calculations: Total Tract Size: 39.08 ac Total Wetlands: 14.21 ac Total Roads: 2.44 ac Total Sidewalks: 0.42 ac -+ 19.88% of total tract area is impervious (North Tract). South Tract Calculations: Total Tract Size: Total Wetlands: Total Roads: Total Sidewalks: Total Amenities: --> 21.85% of tot4 39.99 ac 4.13 ac 3.35 ac 0.93 ac 0.20 ac J tract area is impervious (South Tract). 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. Sewer service to connect to New Hanover County public sewer system. II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X? Is this an after-the-fact permit application? Yes ? No ? XII. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work Page 10 of 11 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 11 of 11 Raaw"FTV 6PROPERTY HAM ?wcm nEt) 75 R AEC SEMALY- `7 / I 1 j 25 FT FVMT? BUE(R II ?'c' ? sy A,p/?/p ,t ?? ?? 1 ?? / 11 ??1, R+ ?? d o , I SMFUWAIft pow Cn? t\ PACPOSFJ ?A'A ,j/?0 O ?.._ ?o JCR ® + ? A 30ntt P 30 ? 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S Southern Environmental Group, Inc. 5515 South College }load, Suite r • Wilmington, North Carolina 28+12 910.452.271 1 • rax: 910.452.2899 • office@segi.us www.segi.us Willowick Mitigation Plan Requested By: TSV Developers, Inc. 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Navaho Investments, LLC 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Prepared By: Amanda Kolb Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 September 2006 Revised January 2007 Introduction TSV Developers, Inc., in conjunction with Navaho Investments, LLC, is proposing to develop a residential cluster subdivision, Willowick, that will be located at 1300 Navaho Trail, Wilmington, Masonboro Township, New Hanover County, North Carolina. The applicants are requesting Department of the Army approval for unavoidable impacts to Section 404 wetlands. TSV Developers, Inc., and Navaho Investments, LLC, have retained Southern Environmental Group, Inc. (SEGi) to prepare a mitigation plan to off-set all unavoidable wetland impacts associated with the proposed development. Willowick is comprised of two tracts, which encompass a total of 79.07 acres. The parcels are collectively referred to as the "North Tract" and the "South Tract." Two environmental consulting firms were hired to do the wetland delineation. In 2004, Soil and Environmental Consultants, PA, based out of Raleigh, delineated the North Tract. Southern Environmental Group, Inc., performed the delineation on the South Tract in 2005. It was determined that of the 79.08 acres, 18.04 acres would be considered jurisdictional wetlands according to the parameters set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. Two separate field verifications were conducted by Ms. Jennifer Frye of the United States Army Corps of Engineers, Wilmington Regulatory Division. The verification of the North Tract was held on 21 December 2004, and the verification for the South Tract was held 16 March 2006. The North Tract, located on the north side of Navaho Trail, contains 39.08 acres. The land is heavily vegetated and unimproved. The property identification number (PIN) is R07200-007-030-000, and the Action ID number is 200400550. The South Tract is comprised of 39.99 acres, found on the south side of Navaho Trail (PIN: R07200-007- 031-000; AID: 200600561). The South Tract is more sparsely wooded then the North, due to timber harvesting performed in the Summer of 2004. Currently, the site is wooded, with scattered clearings throughout the parcel. There is also a branch of Whiskey Creek that infiltrates the property on the southern tract. The surrounding land use in the vicinity of the project is residential. Impacted Sites At the present time, 18.04 acres of jurisdictional wetlands exist within the proposed development. Completion of the proposed subdivision requires that 0.35 acre of 404 wetlands and 72 linear feet of an unnamed tributary to Whiskey Creek be impacted. The applicant has not proposed any impacts to Whiskey Creek. There are a total of seven (7) areas of proposed wetland impacts and one (1) area of stream impact located throughout the proposed subdivision. All of the proposed wetland impacts, as well as the one (1) proposed stream impact, are associated with the completion of roadways, which would grant access to lots, while meeting minimum DOT standards. The impacts are unavoidable, and have been minimized as much as is practicable (Figure 2 - Impact Maps). In 2003, the land owner obtained a permit to log both tracts of land. While the North Tract had "forest use" tax status, no logging was performed on this tract, as it was under consideration for development. The applicant felt that even though it would have been legal to have the property logged prior to development, it would have been unfair to the spirit of the City's tree ordinance to harvest the timber. Therefore, the North Tract remains unaltered, in a heavily wooded state. The North Tract is comprised of a large pine flat wetland system, surrounded by wooded uplands. The areas of proposed wetland impacts associated with the North Tract can be classified as pine flat. At the time the logging permit was obtained, there were no development plans for the South Tract. A portion of that tract was selectively logged in Summer 2004, for pine saw-timber (>12" diameter breast height) and other smaller merchantable pines. At the present time, a variety of different habitats are present throughout the parcel. A branch of Whiskey Creek infiltrates the southern portion of the South Tract. That area is surrounded by coastal wetlands, which leads up to an Unnamed Tributary (UT). The UT of Whiskey Creek extends to a large wetland mass, composed of a swamp forest (found on the interior of the wetland complex), surrounded by a mixed hardwood wetland system on the exterior. The forested areas of the property are primarily wetlands, with a small portion delineated as forested upland. The remainder of the site is uplands. The areas of proposed wetland impacts can be classified as swamp forest and along a forested tributary to Whiskey Creek. Soils- Soil types present within the proposed Willowick Subdivision include Baymeade fine sand (Arenic Hapludults), Craven fine sandy loam (Aquic Hapludults), Leon fine sand (Aeric Haplaquods) and Lynn Haven fine sand (Typic Haplaquods) (Figure 7 - Soils Map). The soil types mapped in the areas of proposed impacts include: Leon sand (Aerie Haplaquods) and Lynn Haven fine sand (Typic Haplaquods). Both of these soils are classified as hydric, according to the National Hydric Soils List. Vegetation Vegetation associated with the project site includes: Arundinaria gigantea (Cane reed), Ilex coriacea (Large gallberry), Ilex vomitoria (Yaupon holly), Liquidambar styraciflua (Sweetgum), Magnolia virginiana (Sweetbay magnolia), Myrica cerifera (Wax myrtle), Persea boronia (Red bay), Quercus nigra (Water oak), Smilax rotundiflora (Catbriar), Pinus taeda (Loblolly pine) and Pinus serotina (Pond pine), among others. The pine flat wetlands associated with the North Tract are vegetated with a canopy of Pinus taeda, Pinus serotina and Liquidambar styraciflua; a shrub layer of Myrica cerifera and Persea borbonia; and an understory of Smilax rotundifolia. The mixed-hardwood wetlands surrounding the swamp forest on the South Tract are vegetated with a canopy of Magnolia virginiana; a shrub layer of Ilex coriacea and Ilex vomitoria; and an understory of Smilax rotundiflora. The canopy of the swamp forest found on the South Tract is vegetated with Quercus nigra; and a shrub layer of Arundinaria gigantea. Hydrology The site currently is fed by precipitation combined with a high, shallow ground water table. The wet pine flat on the North Tract acts as a headwater region for the UT of Whiskey Creek. Hydrology indicators in this area include: drainage patterns, saturation in the upper twelve inches, water marks and water stained leaves. The UT associated with the South Tract is tidally influenced near its confluence with Whiskey Creek. It is not tidal at the proposed crossing. The North and South Tracts are hydrologically connected by a ditch underneath Navaho Trail. Mitigation The proposed wetland impacts will permanently impact 11,251 square feet (0.25 acre) of pine flat wetlands, 871.2 square feet (0.08 acre) of forested tributary, 72 linear feet of warm water stream, and 3,484.4 square feet (0.08 acre) of swamp forest. As compensation for these impacts, the applicants are proposing: the creation of 1.05 acres forested wetlands, the placement of those created wetlands into strict preservation, and payment to the North Carolina Ecosystem Enhancement Program (NC EEP) at a 1:1 ratio (to off-set the proposed stream impact). Creation (1.05 acres) The first component of wetland mitigation for proposed impacts within the planned subdivision will be the creation of a forested wetland associated with Whiskey Creek, totaling 1.05 acres (Figure 6 - Exhibit Map). As denoted on the Wetland Mitigation Map, it appears the area most conducive to wetland creation would be to the northwest of the large wetland complex found on the South Tract. The soil associated with that area is Leon fine sand (Aerie Haplaquods), which is listed as a hydric soil on the National Hydric Soils list. The applicants are proposing to excavate this area to an elevation equal to that of the adjacent wetland. By doing so, they will be taking the necessary steps to allow wetland hydrology to develop, by intercepting the existing shallow ground water table. The area will be planted with an abundance of wetland vegetation. Plantings will occur in zones, with the wettest species found in the middle of the created wetland. In addition, the rootmat, including hydric soils and seed bank, from the wetland areas that will be filled, will be placed in the excavated area, though special care will be taken to ensure rootmat is incorporated in between plantings. In doing so, the applicants will be incorporating an established seed bank, to ensure long-term erosion does not occur. The presence of soils and vegetation, paired with the reduction in elevation, should produce a viable wetland system in the new location. By introducing these factors, the applicant is making every effort to ensure the three parameters associated with wetlands are met and maintained: hydrology, hydric soil and vegetation. Photographs will be taken upon completion of the created wetland, and one year after. These pictures will be used to determine survival of the desired species and the establishment of hydrology in this area. In addition, the created wetland complex will be placed into strict preservation, essentially revoking the right to fill, grade, excavate or perform other land disturbing activities within the wetland area (see Figure 11 - Draft Copy of Restrictions). The restrictions will be designed to ensure perpetual preservation of the property and will be held by the homeowner association. Payment to the North Carolina Ecosystem Enhancement Program (72 Linear Feet) The second element of proposed mitigation consists of payment to the North Carolina Ecosystem Enhancement Program (NC EEP) at a 1:1 ratio, in order to off-set the proposed 72 linear feet of stream impact (Figure 10 - EEP Acceptance Letter). According to the NC EEP website, payment is accepted "from permit holders in lieu of actual undertaking of a mitigation project. EEP then uses the money to create, restore, or enhance wetlands, streams and riparian areas." (httn://www.nceeD.net/pages/doingbiz.htm) "One purpose of the Ecosystem Enhancement Program is to provide a consistent and streamlined approach to address compensatory mitigation requirements associated with Section 401 and 404-permits issued by the N.C. Division of Water Quality and the U.S. Army Corps of Engineers. "To- meet this goal-, EEP accepts payment to the NC DENR Wetland Trust Fund according to the fee schedule and performs mitigation on behalf of permit applicants... By consolidating the mitigation requirements of multiple small projects, EEP is able to implement large-scale watershed restoration efforts that restore or enhance water quality, habitat and hydrology. Using its Watershed Restoration Plans and Local Watershed Plans, EEP is able to focus compensatory mitigation projects in those places with the greatest need for restoration - ultimately increasing the ecological effectiveness of these projects." (httl2://www.ncee]2.net/vages/mitigate.htm) By making payment to the NC EEP, the applicants will be assured that the funds they have provided will go to the restoration of a waterbody that is in need. Habitat Values Due to the high quality of these wetlands, they provide a number of functions pertinent to wildlife, which migrate through the area seasonally or utilize these areas during a life history stage. These wetlands provide a wildlife habitat corridor in an area where development occupies the majority of the surrounding land. Mammalian species which may utilize the wetlands include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes (red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon), Didelphis Virginian (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents such as the Peromyscus sp. (field mouse). Bird species which may utilize the wetlands include: various species of predatory hawks and owls, as well as smaller bird species such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay), Mimus polyglottos (mocking bird), Cantopus virens (eastern wood pewee), Parus carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It should be noted that this habitat provides excellent migratory and resident song bird habitat and nesting areas. Herpetological species which may utilize the wetlands include: Agkistrodon piscivorus (eastern cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough green snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species likely to be found include: Terrapene carolina (eastern box turtle), Clemmys guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrum (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true frogs) families. Various species of salamanders from the Ambystoma (mole salamanders), Notophthalmus (newts), and Plethodon (wood salamanders) families. Monitoring and Success Criteria To ensure the successful establishment of the created wetlands, long term monitoring will be required. The hydrologic regime will be monitored, for a five (5) year period, or until the Corps deems the creation successful. Biannual site visits will be conducted in the spring and fall seasons, and yearly reports will be submitted in the spring. Photographs will be taken on-site, to document the viability of the restored wetland complex. Vegetative counts will be performed on a yearly basis. In addition, monitoring wells will be installed to ensure adequate hydrology. The texture of the soils in the wetland creation area will be observed, to measure the moisture content. The success criteria of this mitigation site will be based on the 1987 Army Corps of Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets the three wetland parameters outlined in the manual. The site will be deemed successful by meeting the following success criteria for a period of five (5) consecutive years, or until the Corps' deems the creation successful: Vegetation Vegetation will be introduced into the wetland creation area by transplanting root mat, hydric soil and seed bank from wetland areas to be filled within the project site. Transplantation of root mat will occur in between plantings, so as not to hinder the growth of planted species. The incorporation of an established seed bank will ensure adequate vegetation and help avoid long-term erosion. Bank stabilization will be established by placing coconut matting along the slopes. A total of 520 plants will be planted within the wetland creation area (see attached plant list and planting plan). Species diversity will be noted during the growing season. Pin flags will be used to denote the planting locations for monitoring. Vegetative counts will be performed on a yearly basis, to determine vegetative success rate. Vegetative success will be based on the predominance of FAC+, or wetter, species observed within the wetland creation area. For success criteria to be met, we would expect a survival rate of 320 planted trees per acre, after 2 years, and 260 trees per acre, after 5 years. The presence of hydric soil and the introduction of vegetation, in addition to the reduction in elevation, should produce a dynamic wetland system in the creation area. Hydrology Hydrologic monitoring within the site will consist of determining the position of the water table at various locations in the creation area. A single monitoring well will be installed within each proposed creation area. A total of two (2) wells will be utilized at Willowick. The wells will be installed to a depth of 20 inches and will be sealed with sand and bentonite. These wells will take a daily reading of the water table depth and this data will be processed into graphs and plotted against National Weather Service rainfall data for the area. In order to be considered a viable wetland complex, the plotted data from the monitoring wells must document that the water table is within twelve (12) inches-of the surface for at least five percent (5%) of the growing season. According to the New Hanover County Soil Survey, the growing season for New Hanover County occurs between February 27 and November 26. Five percent (5%) of two hundred seventy-one (271) days equals thirteen and a half (13.5) consecutive days'. Should the created wetland meet the aforementioned criteria, in addition to having viable wetland vegetation and hydric soils, the applicants could consider the created wetlands a success. Soils Hydric soils are present at the proposed creation site. It is the applicant's intent to further enhance these soils by excavating to the level of the existing shallow ground water table and introducing the upper soil profiles of the existing wetlands from the proposed impact areas. Establishment of a hydrologic regime and presence of a seed bank from the transplanted soil should help ensure the success at the proposed creation area. In addition, the texture of the soils in the wetland creation area will be observed, to measure the moisture content. Contingency Plan Should the above-referenced creation plan not meet the success standards and specifications set forth by the United States Army Corps of Engineers, the Applicants are proposing to make payment to the North Carolina Ecosystem Enhancement Program in an amount proportionate to compensate for impacts to jurisdictional waters. References 1.) Soil Survey of New Hanover County, North Carolina. United States Department of Agriculture, April 1977. 2.) "The New Hanover County Tidal Creeks Program." Michael A. Mallin ETAL, January 2005. http://www.uncwil.edu/crosr/aquaticecology/TidalCreeks/AnnualReports/2003- 2004/Whiskey.htm 3.) "The State of Water Quality in Wilmington: One of the Cities Most Valuable Resources. A State Environmental Report." Misty Fedoroff, June 2006. http://www.wilinin tog nnc.gov/Portals/0/devlserv/soe06 waterqual_052006.pdf#search= %22w1ii skey%20creek%20sa%20hgw%22 LocAnav MAP I-- i ?,pM G ND W, 1"f Cp11ppM OF A9ff p M1 -"-' Conan Ut:. 61Y.?m t-.x na I ? ?{ x oC.".aumar I?J r?r V.CI[p M[A! ? t'j??!!?. ?T-l-r•T-l-r•T?-r' I ,L -t I l l l l l t l I I® I- ;???' \ ICI®I®I®ISSOU®??JR®1®i o v - - 1; 150 FT PfUVa1F W I,-.I®I®I®1®I ® . / 1 1®I I I I 1 10101 I L- J L-1- Ir--- - i ????? •. 01010 1810 I®I A?uildSF?::•':::: NORM AL COURT I I A^FA B 1A6D -. 50 Fi PRIVATE R - -We E) I j- -i i 10011 1< I f-- 1n' I I V `I;1 ZCL. 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AR 4 BE PLACED IN PRESERVATION. 11 % ? 200 100 0 200 400 800 BOTTOM ELEVATION OF MITIGATED FETLANDS ML1 NOT BE LOWER THAN THAT OF ADJACENT WETLANDS ( (0 0 SCALE IN FEET 1 "= 200' COASTAL SITE DESIGN, PC vomm c Uw R.aMW COWOUM 1 / k[SMW PA B. 1011 Blmhpfoti NO 75106 (ti0) 7t1-111t a lip sit ? 1I• v ? 111 2 .11, t ~ 4? k h $ z to WW2 ff?_ ? 3 2 ° DAM 11-70-06 N04L SCALD 1'• 700• WRT SC E-NA DRAW Br M 01MED or H97 PN0.(CT N0.. 03-OC51 I. I " 17- LOCA71ON MAP LINE TABLE LINE BEARING LENGTH L51 N0248'26"W 40.05' L52 N 79'06'31 "E 36.22' L53 N19'41'43"E 123.51' L54 N02'06'14 "E 36.32' L55 N83'00'15"W 18.99' L56 N16'15'36"E 22.90' L57 N70-47'48"E 11.23' L58 N21 '34'50"W 38.72' L59 N12'10'31 "W 19.06' L60 N46'13'32"W 27.33' L60.1 N46'13'32"W 9.13' L60.2 N46'13'32"W 18.20' L61 N55'56'55"W 15.83' L62 N38'29'22"E 11.46' L63 S4953'21 "E 30.82' L63.1 S4953'21 "E 25.01' L63.2 S49 '53'21 "E 5.81' L64 S44'06'18"E 25.86' L65 S43'1 8'33'E 10.83' L66 N56'59'19"E 26.48' L67 N64'13'24"E 11.52' L68 S52'13'11 "E 13.37' L69 S74'42'30"E 19.94' L70 S59'05'15"E 21.75' L 71 S57'04'51 "E 32.55' L 72, S82'5429 "E 23.94' L 7,31 N55 "E 34.24' II I III#I,,, Ro4''' N CA SEAL = 025483 -GIN ???` ??ro (D 7 L167 S49'10'57"W 48.72' L168 S5933'45 "W 69.13' L 169 S50'43'08"W 46.02' L170 S3632'15"W 65.33' L171 S17*17'12"W 41.91' L 172 S20'18'48"W 49.79' L173 S04'41'20"E 53.57' L174 S21 *59'17"E 44.77' L 175 S43'03'20 "E 38.08' L 176 S34'56'28 "E 35.89' L177 S43'01'43"E 51.17' L 178 S 13'16'52 "E 6 7.38' L 179 S32'53'46 "E 48.29' L180 S31'03'5 7"E 66.18' L181 N44 28'11 "W 6,6.11 ' L 182 N39'18'50"W 54.35' L183 N36'15'03"W 56.77' L184 N00'13'37"W 37.11' L185 N41'37'39"W 44.78' L 186 N 77 2926 "W 6 7.80' L187 N 16'03'04 "E 79.85' L188 N19'41'10"W 67.43' L189 N 14'13'56 "E 30.80' L190 N09 38'15"E 44.34' L191 N5439'47"E 29.52' L192 N07'19'39"E 39.72' L193 N83'31'09"W 24.87' L194 N5 7 20'44"W 36.22' L195 N46'04'04"E 24.98' L196 N43'13'58"W 41.96' L197 S76'58'44"E 80.22' L198 S66'02'28"E 55.76' L199 N50'24'45 "E 53.6 7' L200 N68'32'57"E 90.96' L201 N87'31'00"W 7.38' L202 N66'47'52"W 6.79' -L203 N46'36'12"W 5.91' L204 N36'44'49"W 6.02' L205 N41'1321 "W 6.92' L206 N56'35'33"W 10.30' L207 N71'40'16"W 10.17' L208 N8336'33"W 11.58 L209 N89'34'56 "W 11.34' L210 N89'30'52"W 12.52' L211 S86'23'30"W 14.72' L212 S75'15'21 "W 11.63' L213 S60'08'36"W 8.58' L214 S40'30'44"W 9.71' L215 S29 28'19 "W 7.9 7' L216 S35'03'43"W 7.75' L217 S59'15'46"W 6.37' L218 N88 *55'51 "W 7.28' L219 N65'19'46"W 9.41' L220 N43'58'59"W 7.52' L221 N23'41'21 "W 8.91' L222 N02 23'18"W 9.58' L223 N09'5 1'11 "E 7.27' L224 N31'46'00"E 13.46' L225 N40'1 1'20"E 12.47' L226 N34*27'39"E 12.95' L227 N34'08'10"E 15.41' L228 N40'58'18"E 24.34' L229 N39'34'20"E 42.82' L230 N41'15'47"E 15.51' L231 N42'16'56"E 23.78' L232 N3645'27"E 17.28' L233 N3126'05"E 24.03' L23 N31'39'11 "E 24.28' L235 N35'14'07"E 30.00' L236 N36'58'23"E 29.51' L237 N3820'19"E 46.92' L238 N48'17'09"E 19.24' L239 N44'1 1'44"E 5.91' L240 N31'35'40"E 3.49' L241 N23'06'25 "E 7.39' L242 N32'46'05"E 4.43' L243 N4338'38"E 17.84' L244 N63'41'33"E 8.00' L245 N82'05'16 "E 9.02' L246 S8257'32"E 6.27' L247 S81'40'01 "E 59.25' L248 S78'48'30"E 17.09' L249 S75'14'30"E 9.79' L250 S72'26'05"E 14.80' L251 S73'48'37"E 8.34' L252 S77'13'18"E 20.49' L253 S66'13'39 "E 6.41' L254 S55'31'40"E 4.73' L255 S35'52'10"E 6.97' L256 S43'37'27"E 2.81' L25 7 S59'04'09 "E 4.50' L258 S67'10'14"E 4.98' L259 S63*17'54"E 5.03' L260 S50'58'54"E 3.55' L261 S30'14'03"E 6.44' L262 SO1'24'S4"E 3.77' L263 S18'32'00"W 3.22' L264 S33'00'16 "W 5.72' L265 S45 26'51 "W 14.04' COASTAL SITE DESIGN, PC VcHmwc LAID PIAWN6 k /RISDGUL P.M 6a 1011 a Ise Q a ?1 N 2 N CL =0N ff a 9= _ W <? ?WZ z DATE 11-78-06 IYJPZ RWl , - 200' KRr SCALE- MIA DRAW Or JSC CHrCKM Dr NSW PROXrr Na: 0-0161 ...? .3 ICA ?:ik?? r. 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Ls P?.'° ?? vt,,`4? s?•??M? t 'I • ` A 4 3 ?• ?,?., ...?•r«. ? ... •.. .. ... ?%3vrc 8 50utkern E-nvironmcntal Grou P, Inc. 5515 Soutk College Road, `juite E- • Wilmington, North Carolina 28412 910.452.271 1 • rax: 910.452.2899 • officeosegi.us www.segi.us Planting Plan for Willowick Creation Areas A & B Elevation / Symbol Scientific Nance Conunon Nance Spacing Quantity i Carpinus caroliniana ironwood 10' 65 Magnolia virginiana sweet bay 10' 32 Myrica cerifera wax myrtle 10' 65 Persea borbonia red bay 10' 32 Quercus laurifolia I laurel oak 10' 32 - riodendron tulipifera tulip poplar 10' 32 Magnolia virginiana sweet bay 10' 33 Persea borbonia red bay 10' 33 Quercus laurifolia laurel oak 10' 33 j t- Fraxinus pennsylvanica green ash 10' 33 Nyssa aquatica var. biflora water tupelo 10' 65 Taxodium distichum bald cypress 10' 65 *Wetland substrate removed for impacts will be utilized as matting for created wetland area* *Total quanitity of vegetation to be planted equals 520 Creation Area. A CorO0 Creation Area B efts to eSt1 7 ng wetl?d here Not to Scale Date: December 14, 2006 Project M Planting Plan Proposed Mov ick SubdiAson ftlington, New Hanover Count ; NC 05108.01 Drawn By: Amanda Kolb Southern Environmental Group, Inc. 5315 College Road Suite E Wilmington, North Carolina 28412 Office (910) 452-2711 Fax (910) 452-2899 Figure to t Elcomte--m PROGRAM December 5, 2006 TSV Developers, Inc. c/o Amanda Kolb Southern Environmental Group, Inc. 5315 S. College Road, Suite E Wilmington, NC 28412 Project: Willowick County: New Hanover V" The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. 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 NCEEP. Once NCEEP 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 Stream Impacts (feet) Wetlands Impacts (acres) Buffer I Buffer II CU (Sq. Ft.) (Sq. F!, ) Cold Cool Warm Ri arian Non-Riparian Coastal Marsh Cape Fear 0 0 72 0 0 0 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 mitigation-to-impact 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 Kelly Williams at (919) 716-1921. Sincerely, Wil Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jennifer Frye, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, NCDCM-Morehead City File t? P?StOI'l,GL9... F ... Protect Our fta t , VMENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www; nceep.net rivre,11 DRAFT COPY OF RESTRICTIONS (Pertaining to Created Wetland Complex on South Tract) The areas shown on the recorded plat (identify the plat by title, date, and recording data) as conservation areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation area: a. fill, grade, excavate or perform any other land disturbing activities b. cut, mow, burn, remove, or harm any vegetation c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area e. dump or store soil, trash, or other waste f. graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID , and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it. Modification of this particular Section _ of Article - will require express written consent of the United States Army Corps of Engineers. Permittee shall execute and cause to be recorded in the County Register of Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on the recorded plat* (identify by title, date, and recording data), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording. 46 L N,f9 Sure 1Z 6-11 i a1p/ I `I 71 ntl / ? ` ? ` \ `? ?? X61 V /?? A ? , ? I I b5 `\ ` ? ??O r- ? / 1 11, 0 , EcnoN \ / \ PAiGE a ?? ?1\ ? y \ ? ` ? ? /? ? 1111 ?? ? ??'2?`'J ??? ??? ?? ?/ A / ?? /\. l ; 1 '1 ? 1 / ?\ 1 'C,3T I War Ill' O ., t ji - W w ?` ?\\ I ? .y; ?h% '.c 4 ? ` 1 ? l iJ o r to ?.., ., - b!? W w W W W w \ \ ? ? I lJ , ?? \ /Q'/ ? \ ? - -_ I 9 ` 1 J l I: "*• h`';1 W "' .y I??_/?`J W `\ \?. ?r?5?'!S ly ? ` ? ? ? ?? I \ E? 1 ? ? \ 1 , tI ® ,y w ?' w w w W ` `Qi?\ / / /?kP ? SRCiI Nl2A? ` ` \ J ?? I O ? (I ! 'j ''v'W W w W w W `/ / J G"K a2, Pe.;E5 5 ?(bpi by.? j ? Q J ! ? * v? w W ?, ? \ 1 /?' W W ? `/`JC / 59 •,? ? ? / ? l' I w w w ? VVV w W w `. `/ a? ?'? ! YJ 94 / ! I Q, W w W W w w W \\ ? ? \ N ,y W u' y \ '1 ot. $. ?wuf I mrn s ??? w w W W W W w y W V ?1 E5 0 ds 1sl ?? / ?ycy (I ?' w w .10 ?AANQ W W w W W W ?y1 ?ACra; P 46 1815 T iuur Mlnn ??n,1 Q W W W 14.15 AC*_ w W w W J 0 W w W W w w >` i 2?`los? ,o?w isit y ?? I w w w Z36D C? ? ? % ` W \ W- B+) N `h 1 3 \\` W W W \ w \ \ ? \ \ w z,i z--5 y1(L l `, U ' 1 , a 1 ' S? w w W u, 1? ?] w 59 ?48? 1? ?- r 1' ff <.PH,tR °Y ? ? W w W ? I n w w /? L(_IC/\ r, Ear ao lb,Ie2 s? ?,3$In.? i ! 1 i B \ ! 154, _ vCK/? w w w ! W ©i / I 3 ??? ,? J o w l ?1+? ? I ??? W W ?? I w ?? ® 1 61 ' 1 I- e„ W w / 62 " " o ,a PSG` t jl `6E3 !r z s. 1,c? r EE-? '-' - ?u L'• 404 WETLAND w' 66 \ ! 0.0G \ 6 J /r Ac± 0 0 ? ? I Q / / 'P? 3. f yS,��i�x.�rQ[[ a� ��✓r^mi`r.S� ;l _. z ,.- i; �. ./ir � � M f �:: e � ,� w�, f�a. •�t�,. �7 die '��f�r - r <• mac- �,. •wa '� r Y}S. _, '��' f jo LAO r �f 3 .04, 1 �t1diMR ir..It7;SSC , 'Wit > r r Ol t.E ,t= ��` `� yy�1' a�,4•► f� �ys,i� '-�i'F N'l '' d TFy, ,�v' � � �s �a. � r' T '' �. F . �''�Zf�� :C/aF � `; � C � al!Rfi�,�A,�''�' •"C'C'_`Ty'���'►'►� _ �. 4i•5;ISS+'f'" nn iy 1 } ?{ 76y 9x-?"IA?? ,fir 0fi* '•` /5 ? 1 .y } Y; 1_ i o?OF WgT_9oG c ? r 4 liii? '< Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of F,nvironment and Natural Resources November 29, 2006 Mr. W. Victor Venters III TSV Developers, Inc. 1904 Eastwood Road, Suite 212 Wilmington, NC 28403 Subject Property: The Park at Willowick Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Venters: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 20061522 New Hanover County -Uf ( `?'r? to ?..? DEC 1 2006 DENR - VVATI_R QUALITY WETLANDS AND STORNIMTFR BRANCH You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.35 acres of wetlands and 72 feet of stream for the purpose of constructing a residential subdivision at the subject property, as described within your application dated September 14, 2006 and received by the N.C. Division of Water Quality (DWQ) on September 19, 2006, and additional information received October 4, 2006. After reviewing your application, it has been determined that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 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 72 (feet) Area G 404 Wetlands 0.35 (acres) Areas A, B, C, D, E, F; & G Waters N/A acres Buffers N/A (square ft.) North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1 -877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: www.t)cwaterquality.org NO hCaro/l/ina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;atural[ y TSV Developers, Inc. Page 2 of 3 November 29, 2006 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance ol'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. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. 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 wetland prior to any land disturbing activities. TSV Developers, Inc. Page 3 of 3 November 29, 2006 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 (NCGO 10000) 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.hon. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place and a recorded copy must be provided to this office prior to impacting any wetlands, waters and/or buffers 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. 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 Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7215. Sincerely, Alan W. Klimek, P.E. AW K/nrn l Enclosures: GC 3402 Certificate of Completion cc: Amanda Kolb, Southern Environmental Group Inc. Jennifer Frye, USACE Wilmington Regulatory Field Office Ian McMillan, DWQ 401 Oversight Unit Stephen Rynas, DCM Morehead City Noelle Lutheran, DWQ Wilmington Regional Office, File Copy Beth Wetherill, New Hanover County Engineering Central Files Filename: 061522.nov06 TSV Developers, Inc. Page 4 of 3 November 29, 2006 WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Porids - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the'entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules) in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 2B.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; 3. 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), 2B .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 fog high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to.1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-11 unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting 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, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , 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. Signature: Registration No. Date Permit Subject: Permit From: Kathy Rivera <Kathy. Rivera@ncmail. net> Date: Thu, 30 Nov 2006 09:08:47 -0500 To: ian.mcmillan@ncmail.net, I rye >> \"Frye, Jennifer S SAW\"" <Jennifer.S.Frye@saw02.usace.army.mil>, Bev Strickland <Bev.Strickland@ncmail.net> *Permit issued for: 2006-1522 / Willowick / New Hanover* 1 of 1 11/30/2006 9:08 AM D.• Tv DEPARTMENT OF THE ARMY D U- k S 22? WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 October 26, 2006 Regulatory Division Action ID No. SAW-2006-40949-065 TSV Developers, Inc. 1904 Eastwood Road, Suite 212 Wilmington, North Carolina 28403 Dear Applicant: mgt ?ThS /)F',LI a0? gyp" 50". ?A - yJ' K0RV% -n n nw.%u P? ?in/Flt/)R^A On September 15, 2006, this Office received your Pre-Construction Notification application for Department of Army (DA) authorization to impact 0.35 acres of adjacent jurisdictional wetlands and 72 linear feet of an unnamed tributary to Whiskey Creek, for the purpose of constructing the proposed Willowick residential subdivision, located along the north and south sides of Navaho Trail, west of Masonboro Loop Road, south of Wilmington, New Hanover County, North Carolina. Upon review of your application, this Office has determined that your application is incomplete and cannot be processed until the following information is received: 1. In regards to your proposed Declaration of Covenants, Conditions, and Restrictions for Willowick, please identify all changes to the USACE Wilmington Districts' Declaration template and include justification for those changes. If you have any questions regarding this document, you may contact Mr. Justin McCorcle, Office of Counsel at (910) 251-4699. 2. Please submit at least one copy of the draft preservation survey no larger than 11"x17" in size. 3. Please note that you will be required to plant native woody species to your proposed wetland creation at sufficient density to ensure a success of 260 trees per acre at the end of the five-year monitoring period. Please submit a planting plan and a list of tree species for our review. 4. The on-site wetland creation plan must also include a post-construction as-built survey. You will be required to submit the as-built survey and baseline data report within 30 days of construction completion. -2- Please submit the above information within 30 days of receipt of this Notification or we will consider your application withdrawn and close the file. If you have any questions regarding these matters, please contact me at (910) 251-4923. Sincerely, Jennifer S. Frye, Project Manager Wilmington Regulatory Field Office Copy Furnished: Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 Amanda Kolb Southern Environmental Group, Inc. 5315 South College Road, Suite E J ilmington, North Carolina 28412 ndi Karoly vision of Water Quality N.C. Department of Environment and Natural Resources 2321 Crabtree Boulevard Raleigh North Carolina 27604-2260. Ms. Noelle Lutheran Division of Water Quality N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 0 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: October 10, 2006 RE: TSV Developers, Inc. - Willowick, New Hanover Co. 401/404 Application DWQ # 20061522, USACE Action ID #s 200400550 and 200600561 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject application for impacts to wildlife and fishery resources. 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 north and south of Navaho Trail, near its intersection with Verdura Dr., in New Hanover County. The property consists of approximately 79.07 acres including approximately 18.04 acres of wetlands. The site is adjacent to, and drains to Whiskey Creek. Waters in this area are classified SA by the Division of Water Quality (NCDWQ). The mainstream of Whiskey Creek is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries and is closed to shellfishing. The applicants propose to impact approximately 0.35 acre of wetlands and 72 linear ft of perennial stream through filling/culverting to construct roads and provide infrastructure for a 176-home residential subdivision. The applicants propose to mitigate for wetland impacts by on-site preservation of 17.69 acres and creation of 1.05 acres of wetland. No mitigation is proposed for the stream impacts. We have the following concerns/recommendations: • The applicant has not provided an economic analysis of their contention that the use of bridges for road crossings is impracticable. We recommend that all road crossings of streams be bridged, where practicable. Where standard culverts are used, we recommend they are embedded sufficiently to allow for the passage and settlement of aquatic organisms. We do not support the filling of wetlands or streams for road crossings as this practice destroys wetland connectivity. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 TSV Developers - Willowick October 10, 2006 • We recommend that sub-aqueous utility stream crossings be made using directional bore methods rather than trenching. We recommend that all remaining and created wetlands on-site are preserved in perpetuity through conservation easement that prohibits: cutting, pruning, mowing, or burning of vegetation; construction of any kind; use of herbicides; any land disturbing activities; dumping or storing of soil, trash, or other waste; and the pasturing, grazing or watering of animals, or any other agricultural or horticultural purpose within wetlands. To this end we recommend the removal of the phrase "except for removal of dead, dying or diseased vegetation or trees and noxious or poisonous vegetation as permitted under Section 6 of this Article" from Article VI, Section 5 and the removal of exclusions in Article VI, Section 6 of the draft declaration. • The applicant does not offer mitigation for the 72 linear ft of stream impacts associated with the development. We recommend NC EEP buy-in for an appropriate length of perennial tidal stream. 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) 796-7217. CC: Noelle Lutheran, NCDWQ Howard Hall, USFWS Jennifer Frye, USACE Triage Check List Date: 10/05/06 Project Name: Willowwick DWQ#: 06-1522 County: New Hanover To: Noelle Lutheran, Wilmington Regional Office 60-Day processing time: 10/04/06 to 12/02/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! O to - 1S 22 Southern Environmental Cjrou , Inc. 5315 South College Koad, Suite F, Wilmington, NC 2841 2 Phone: 910.+52.2711 Fax: 910.452.2899 Email: office@segi.us MEMORANDUM To: Ms. Noelle Lutheran From: Amanda L. Kolb Re: Willowick PCN Number Date: October 02, 2006 Our office is in receipt of a request for additional information from DWQ, pertaining to the proposed Willowick subdivision. The request was for clarification as to which PCN number was to be utilized for this project. In correspondence with Ms. Jennifer Frye of the US Army Corps of Engineers, it was determined that a PCN 39 was the most applicable for this project. If you need any further clarification or documentation associated with the proposed Willowick subdivision, please do not hesitate to contact me at 910.452.2711. Thank you, ';-4? ?. Amanda L. Kolb Environmental Scientist cc: Mr. Ian McMillan OCT 4 2006 uttvk - WATER QUALITY WE I LANDS AND STORMWATER BRANCH r ?0? Vv A rF90 ?O 9 v? r > 0 `jji;?Mwaw "c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 20, 2006 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1522 New Hanover County TSV Developers, Inc. Attn: W. Victor Venters 1904 Eastwood Rd Ste 212 Wilmington, North Carolina 28403 -? Subject Property: Willowick Nationwide Permitting # ® REQUEST FOR MORE INFORMATION ? PERMITTING FEE MISSING/INCORRECT ? RETURN OF APPLICATION PACKAGE Dear Mr. Venters: On September 19, the Division of Water Quality (DWQ) received your application dated September 14, 2006 for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: ® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide, Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to use. ? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project. ? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of application. (Agent's signature is valid only if an authorization letter from applicant is provided). ? Water Body information not stated. See III Project Information, Item 7. ? Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts. DWQ is unable to review this project without noted or corrected impacts reflected. None hCarolina 401 Oversight/Express Review Permitting Unit (jt?(r(j??(J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ? Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. ? Incorrect permitting fee amount. Please see above item. Your check # for $ is herein enclosed for fee correction. DWQ does not retain any payment unless it is in the correct amount. ? A request for a modification of an issued permit requires re-submission of five (5) application ' sets and appropriate fee. We have herein returned your modification request. ? Application was missing pages or sections of information. See Other section below. ? OTHER: Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact this office in writing and Noelle Lutheran of the DWQ Wilmington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/1id cc: Navaho Investments, LLC, 1904 Eastwood Road, Ste 212 Wilmington, NC 28403 Southern Environmental Group, Inc., Amanda Kolb, 5315 South College Rd Ste E, Wilmington, NC 28412 Noelle Lutheran, DWQ Wilmington Regional Office USACE Wilmington Regulatory Field Office File Copy Central Files Filename: 061522Willowick(NewHanover)_tlold_NW # Fi :5 , 5outkernFnvironmental GroUP3 Inc. 53 15 College Koacl `suite F' Wilmington, Nortk Carolina 28412 910.452-Z71 1 ' Fax: 910.452.2899 ' officc@scvgi- www.sCPl.us 2 0 0 ? ? 5 2 2 Wetland Determination Information Package Date: 12/20/2005 Project Name: Venters Property Owner: Project Site: Parcel ID: Project Size: Subdivision Name Block and Lot #: SEGi Project #: 05-108.01 Jane Venters Applicant Terry Turner P.O. Box 904 (If different Wilmington, NC 28402 from Owner): 1300 Navaho Trail, New Hanover County, NC R07200-007-027-000 Acres N/A N/A 0 Square Feet i 9 Directions to Site: 1 40 east into Wilmington. 140 merges into 132 S. (S. College Rd.). S. College Rd. Past UNC Wilmington. Left onto Holly Ridge Rd. Right at light onto Pine Grove Rd. Right onto Masonboro Loop Rd. Right onto Navaho Trail. Site is first wooded lot on right side of road. Nearest Water Body: Whiskey Creek / tributary to the Intracoastal Waterway Watershed: Cape Fear Lat / Long 34.16680N / 77.8687°W USGS Quad Name: Wrightsville Beach Wetland Acreage: Jurisdictional N/A Isolated N/A Attached: Letter of Agency Vicinity Map (3 scales) Tax Map and Parcel Information Topographic Map Topographic Map on Infrared aerial Field Sketch Soils Map Data Sheets SEP " ?F' nbn?• +LFtm Ftc? ,-L Office Use Only: Form Version May 2002 2 0061522 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: N Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ N 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3q 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: ? Applicant Information II. 1. Co-Owner/Co-Applicant Information Name: TSV Developers, Inc. Mailing Address: 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Telephone Number: 910.256.1045 Co-Owner/Co-Applicant Information Name: Navaho Investments, LLC Mailing Address: 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Telephone Number: 910.610.1009 Fax Number: Not Applicable E-mail Address: Not Applicable FEE, Rte: 'V? e , 5H X p 2006 VMTL AhIgQ NPAp o'1't:1F.tiinhr 41i.;:?1+IG7H Page 1 of 10 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(_W)segi.us III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Willowick 2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable 3. Property Identification Number (Tax PIN): R07200-007-030-000 & R07200-007-031-000 4. Location County: New Hanover (County # 65) Nearest Town: Wilmington Subdivision name (include phase/lot number): Willowick Directions to site (include road numbers, landmarks, etc.): Take South College Road toward Monkey Junction Take a left onto Holly Ridge Road. Turn right at the light onto Pine Grove Road. Take another right onto Masonboro Loop Road. Turn right onto Navaho Tail Site is wooded parcel (on both sides of Navaho Trail found just before Verdura Drive. 5. Site coordinates, if available (UTM or Lat/Long): Approx. 34.1668°N / 77.86871W (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.) 6. Property size (acres): 79.07 acres (3,444,289.2 square feet) Page 2 of 10 7. Nearest body of water (stream/river/sound/ocean/lake): Whiskey Creek 8. River Basin: Cape Fear (Whiskey Creek feeds into AICWWj (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property has two areas of reference, the North Tract and the South Tract. The North Tract is a 39.08 acre parcel, found on the north side of Navaho Trail, and is heavily wooded and vegetated. The North Tract is surrounded by residential subdivisions on all sides, except to the south. The South Tract is located south of Navaho Trail, and is comprised of 39.99 acres. The South Tract is partially wooded and vegetated, but has scattered areas of clearing throughout, due to previous timber harvesting. The southern property boundary of the South Tract is Whiskey Creek. The general land use in the vicini of this project site is residential. 10. Describe the overall project in detail, including the type of equipment to be used: Applicant wishes to develop a 176 lot residential subdivision located off Navaho Trail in New Hanover County. Proposed development plans will conform to low density residential zoning designation for the parcel in question and will be consistent with the New Hanover County Unified Development Ordinance. Utility corridors, sewer areas, fire hydrants, sidewalks and roadways will be put into service to meet the needs of future residents. Heave equipment will be used in this project such as back hoes and bulldozers. The machinery will be used to clear the land, stabilize the soil and establish rg ade. 11. Explain the purpose of the proposed work: To develop a low-density, 176 lot residential subdivision in the Monkey Junction area of New Hanover County. 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. Page 3 of 10 USACE Action ID # 200400550 (Notification of Jurisdictional Determination) - North Tract USACE Action ID # 200600561 (Notification of Jurisdictional Determination) - South Tract 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. Coastal Site Design will be applying for Stormwater and Sediment and Erosion permits. No additional wetland or stream fills are anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Im pact Area A: Fill is necessary to complete roadway. The area created by the filling of the wetland complex will be utilized as open space for the subdivision (see attached restrictive covenants). Imp act Area B: Fill is necessary to complete roadway. Imp act Area C: Fill is necessary to complete roadway. Imp act Area D: Fill is requested to complete roadway and area is to be used for stormwater pur poses (5:1 grassed swales to convey stormwater). Imp act Area E: Fill is requested to complete roadway. Imp act Area F: Fill is necessary to complete roadway. Imp act Area G: Fill is necessary for completion of roadway Page 4 of 10 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** vindicate on maps acres) dyes/no linear feet - -- A Fill 0.06 No N/A Pine Flat B Fill 0.10 No N/A Pine Flat C Fill 0.05 No N/A Pine Flat D Fill 0.03 No N/A Pine Flat E Fill 0.01 No N/A Pine Flat F Fill 0.08 No N/A Swamp Forest G Fill 0.02 No N/A Forested Tributary * 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.ROV. *** 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: 18.04 acres (785,695 square feet) Total area of wetland impact proposed: 0.35 acre (15,246 square feet) 3. Individually list all intermittent and perennial stream impacts below: 72 L.F. Stream Impact Site Number indicate on maps Type of Impact* - - - Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? please specify) 1 _ - Culvert 72 _ UT Whiskey Creek 3.7' Perennial L.in earn impact separately ano juennry 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.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 72 L.F.. 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 Page 5 of 10 Open Water Impact Area of Type of Waterbody Site Number Type of Impact* Impact (if Name applicable) Waterbody (lake, pond, estuary, sound, (indicate on maps (acres) b ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: flooding, drainage, bulkheads, etc. fill, excavation, dredging, Pond Creation Yes 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.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater purposes & discharge water into wetlands. Size of watershed draining to pond: Not Applicable Expected pond surface area: Not Applicable 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. Discharge of fill material is necessary to complete proposed project. While bridging for road crossings would result in no impacts, the cost of bridging is prohibitive for this project, therefore it is not a practicable alternative. The applicants have gone through several designs while developing this proiect. The original layout of the project has been revised, in order to minimize and avoid unnecessary impacts to wetlands. The applicants have gone to great lengths to avoid impacts to valuable aquatic resources. The lots have been restructured and reorganized, so that none of the fill requested in this permit application is for lot fill. Those areas proposed for fill are associated with road crossings. Small lots have been utilized to achieve the desired density. while minimizing impacts to natural resources. The houses cannot be rearranged on the future subdivided parcels, due to the small size of the lots. The applicant removed lots to eliminate impacts to the large wetland complex, therefore the applicant must have the remaining future parcels to make Page 6 of 10 the project practicable. In order to avoid the heart of the wetland complex, and to protect the small drainage leaving this area, the applicant has revised the layout and placed lots only on the perimeter of the wetlands. 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 htlp://h2o.enr.state.nc.us/ncwetiands/stnngide.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 of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The United States Army Corps of Engineers has a "no net loss of wetlands" policy, meaning, if the applicant impacts jurisdictional waters he must then compensate for those wetlands. The Corps' preferred method of compensatory mitigation is preformed on-site and in-kind. The applicant is proposing to provide project-specific mitigation in order to off-set impacts to wetlands associated with this project. In addition to the avoidance and minimization discussed in Section VII, mitigation is offered through two fashions creation and preservation. New Hanover County is currently under extreme development pressure and the retention of natural areas and aquatic resources is Page 7 of 10 imperative. According to the New Hanover County Tidal Creeks Program, the north branch of Whiskey Creek has experienced high levels of nitrates and ammonia concentrations. In order to improve the water quality of Whiskey Creek, it is crucial that the important natural functions wetlands provide be preserved. The wetland complex within this project and the associated small drainage area will be preserved (17.69 acres). In addition to preservation, the creation of additional wetlands on-site will allow for more filtration of impurities found in runoff. The applicant proposes the creation of an additional 1.05 acres of on-site wetlands. Please see attached mitigation proposal for details. 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/wry/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 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 Page 8 of 10 map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No X? 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 Multiplier Required J (square feet Mitigation 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. Currently, there are no impervious surface areas found on-site. Stormwater will be treated using 100' vegetated swales. North Tract Calculations: Total Tract Size: 39.08 ac Total Wetlands: 14.21 ac Total Roads: 2.44 ac Total Sidewalks: 0.42 ac 19.88% of total tract area is impervious (North Tract). Page 9 of 10 South Tract Calculations: Total Tract Size: 39.99 ac XI. II. XII. Total Wetlands: 4.13 ac Total Roads: 3.35 ac Total Sidewalks: 0.93 ac Total Amenities: 0.20 ac 21.85% of total tract area is impervious (South Tract). 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. Sewer service to connect to New Hanover County public sewer system. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ?x Is this an after-the-fact permit application? Yes ? No N 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 10 of 10 r?? .3 The B*mwo mgrnsgar nwwy r vuu Surf C - kfh 11MiYii?l<+° r d a Rdden Bluff landing IYlsrlbovo ! 50 ' O "? n i 11 CD0mpstepdTpp?eil Be: Armour p? M "4W Nlifl wbe* 01 Landing C tie Heyne ?17 0 ByrAvlNo Oelco NorlhwRSt icons ?Illp Q o X32 PhoRr?oc 421 ?righ, Osandy Orook o - o alma CRdtdNNl p6gden pry--? Prokper t13 8atarwa 74 W"clemem o o ' 17'. Wllroingkm Colum??u4 87 W°°d $pagste ?? lanvalo gn?nswick Spring Nlt<, ° -- t1fl Masatboro Rabontown FlowRrs Corner o QW cumbso PIaeR irw?alo,ow ?siWer a Atlwrrtls ORRrtn 0 Now Is Creak own Myrth Qv poo Mlll Croak o eK 11 Chapel 1 I f ? Olivia SRa'rrrur:f mrille. Illoul ,r i a 17? o a CIIroNIUIoh Midas River piney Grove J)o g?;r,y gp g Crook Antioch (,133 r f 0 ogum Beoh Oak Orovo Midway i o a Andy NIN 0 coolvolr j n o 211) F 1 ¢Wk' $woy 7? wn yarnum 113 0 . Jamos f otll?aR ad Reek /afar. eeacl `--> ptlloh. Rtver3 #i v?- ?. 4 ???ed D? r', ? ? V "? k? M?o? ?. Lrr ?? ??a ?? -. "1�1 �,F Al ?�:• r " � .t �• '� .n f- _A -^_ iw ..�iA, ' !" ��� ,• � �, 7+ , 1 �� y •� '�, !� �' ��. -. `^ ; tires ) 1 � '� a � ,. { ., 1 � 'r J. •d 1 � L Af as z ti , it -. rr i} 5 i -p rv_ f � �-:. .�•� a <. f lift -44 ,+� { �"" a 9i';F�o- _ p� j � •! _ �. r p'. New Hanover County Tax Records Inquiry - Current Tax Statement Page I of I r NEW RANOVER COUNTV 'TAX DEPARTMENT Real Estate Tax Records Inquiry Current Tax Statement 0616879 2 0 0 6 T A X S T A T E M E N T 09 05 06 TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE WM R07200-007-030-000 0 328,272 0 328,272 LEGAL (39.08 ACRES) MASONBORO S/D WHISKEY CREEK LOCATION : 1355 NAVAHO TRL 1/1/06 OWNER: PROPERTY HOLDINGS LLC TAX TAX DESCRIPTION RATE ASSESSED BALANCE ------------ ------ ---------- ---------- NH COUNTY 0.6850 2,248.66 2,248.66 WILMINGTON 0.4600 1,510.05 1,510.05 PROPERTY HOLDINGS LLC 1904 EASTWOOD RD WILMINGTON NC 28403 REMIT TO: NEW HANOVER CO TAX OFFICE P.O. BOX 18000 * TOTAL AMOUNT DUE 09/05/06 3,758.71 WILMINGTON, NC 28406 r I * Service offered through Official Payments Corp. who will charge a convenience fee. Questions? 9 http://www.nhcgov.com/Oasinq/Oasstmt.jsp?set=RO7200-007-030-000 9/5/2006 Map Output Page 1 of 1 New Hanover County Tax Records Inquiry - Current Tax Statement Page 1 of I NEW HANOVER COUNTY TAX DEPART'MENT' rRe al Estate Tax Records Inquiry .Current Tax Statement 0616887 2 0 0 6 T A X S T A T E M E N T 09 05 06 TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE WM R07200-007..031-000 0 340,368 0 340,368 LEGAL (40.52 ACRES) MASONBORO SID WHISKEY CREEK LOCATION 1300 NAVAHO TRL 1/1/06 OWNER: VENTERS W VICTOR III TAX TAX DESCRIPTION RATE ------------ ------ ASSESSED ------ BALANCE NH COUNTY 0.6850 ---- 2,331.52 ---------- 2,331.52 WILMINGTON 0.4600 1,565,69 1,565.69 VENTERS W VICTOR III 1904 EASTWOOD RD WILMINGTON NC 28403 REMIT TO: NEW HANOVER CO TAX OFFICE P.O. BOX 18000 * TOTAL AMOUNT DUE 09/05/06 3,897.21 WILMINGTON, NC 28406 j Pr6. , ,1 y * Service offered through Official Payments Corp. who will charge a convenience fee. Questions? IR http://www.nhcgov.com/Oasinq/Oasstmt.jsp?set=RO7200-007-031-000 9/5/2006 Map Output Page 1 of 1 http://wwwdefault.nhcgov.com/servlet/com Dcr- l 4-euuo i nu uu; 4e till I r w 1 UKNKK 09-14'06 09;27 FROM-Hogue & Hill r ?. P, .. tF p Wr_iZY R RR??NGH TN lSqt?t) `+S?nQ:?TA PHK NU. UMMU112 P. Ul 9187626687 T-660 P001/009 F-686 igl!1110111 Fp?. 5 FOR REQ °?. ?* of or?na 6K;5?'lT P6r? FEE423.N SIAV'.? revenue stamps; ,i ,,; i, i, r ; e. Recording two, book and page Parcel ldamdtler No. R072"7-031-no (Soft forty) No CMMCUiM Of certificatc °Pm1Oa 00 title is expressed bq the prepares of this deed e3,copt as may appoar from the prepam,s Prepared by: W. Tol=p dopes Hosue, Hill, icon, Naox & Lynch, T-LP. P. O. Dtav= 2178 Wa*8tm NC 28402 O avue mailing addrm:1904 BYEI' MA Road, WihWxXion 28403 Ratmaed to: Harm & Hill STATE OF NORTH CAROLINA COUNTY OF NEW IfiANOVER MMRAM DEED KNOW ALL MEN BY THESE PRESENTS that W. VICTOR VENTM III and wife, LEIGH WILSON VENTERS "GRANTOR" in coasideratlon of TEN AND N01100 ($10.00) DOLLARS and other good and valuable consideration, paid to GRANTOR by NAVAHO INVESTMENTS, LLC, a North Carolina KWted liability company "GRANTEE," the reraipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell and convey unto the, said GRANTEE, and GRANTEE'S heirs, successors, and assigns, for". in fee simple, all that certain lot or parcel of land located in the City of Wilmington, County of New Hanover, State of North. Carolina, and more particularly de9eribed as follows: See atfac&W Exhibit A, hvaorperafed herein ars if set out of f a TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and 4PPurtcnauces thereto belonging, to the said GRANTEE and said GRANTEE's heirs, successors, and assigns, forever, in fee simple; and the GRANTOR, for herself, her successors and assigns, does covenant with the said GRANTEE and said GRAN EE's heirs, successors and assigns, dim GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the Ostate aforesaid, that title is m a ketablc and free and CIM of all eneWnbramos, except as herein stated, and that GRANTOR hezeby will wa mt and defend the title apinst the lawfW olairnc of all pem m whOmsoever, except for the exceptions baw6a stated. bcr-14-ZUM IHU UU;4;? HM 1INNY TURNER FAX NO. 9102560112 P. 02 89-14-'86 89;27 FROM-Hogue S hill 9117626687 T-660 P002/009 F-686 Title to the property is "Oct to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; current year ad vplorem taxes; and all applicable restrictive covenants and utility esaemea of record. The "026010 GRANTOR sad GL4NTIsE as used herein shall include aid patties, tbeir hews, successors, and ustps, and shall mclude singular, plural, masculine, feminine or neuter as required by context. IN WnTNESS WRM EOF, W. VICTOR VENTERS III and wife LEIGH WMSON VENTERS have hereunto set their hared and seal, dais the _ day of September, 2006. VI - - R VE'IV' RS III r Uril1F WILSON VENTERS STATE OF NORTH CAROLdNA COUNTY or NEW IIANOVER I, _ 'i-'?-? , a Notary public, certify that the follow' appeared be6re one this day, and I further emtify that: pavws) P?O?Y (Check one bm only. Mm plele all applicable blanks, mark all inapplicable blanks WA I have P al knowledge of the identity of the prineipat(s), 1 have seem satisfactory evidence of the Principal's identity, by a awmi state or federal identification with the ptincipal's photograph in the form of a A Credible witness, ' sworn to the identity of the principal(s); (insert name of witness), has each a6mowledOng to me that he or she volubly signed the foregoing document for the Purpose stated therein and in the capacity indicated: W. Victor Vaten M Leigh Wilson Venters Individual Individual Where Capacity indicated is on behalf of an entity not a natuual parson, the natural persons n med also each acknowledged to Inc that sigUture was on behalf of and as the act of the entity. Date; _` f": . . Notary public +*?a ®rintgMota ]ale name[requlnedl) „,+ ; _ MY conmUgon expirea: M " T1h1!`atcrsYtcll3ie ! Ven ueraVxc Navaho kwftk1epjg.SouWTraCt.wpd ocr- i 4-euuo mu uu ; 4J Hn I mmy I umm FAX NO. 9102560112 P. 03 09-14-16 69;27 FROM-Howe S Hill 9107626687 T-666 P003/009 F-686 VRNURS TRACT -• SOUTH Beginning at a set iron in the south line of Navaho Trail (60' Rf ), said located 875°01'02'B 393.04' point being "tehurst Drive 50' the 'mat's W`- of said line with, the centerline of (, ruanimg thenice along said south line l • S741151'05"E 1065.47' to an existing iron; thence leaving the south line of Navaho Trail (60' R/W) 2. S38045'04"W 108.76' to an W3tiq iron; thence, 31 S38040'32"W 409.38' to an exiWng iron; thence, 4. S399 1'43"W 168.26' to an existing iron; thence, 5. S39°07'30"W 151.98' to an existiWg "JCD„ Stone; thence, 6. S38° 15'36"W 247.99' to an existing iron; the 7. S3801 8'40"W 96.59' to as exiating iron; thence, 8• S38048129"W 111.73' to an existing iron; thence, 9. 838°34'21"W 100,31, to an existing iron; thence, 10. S38045114"W 100.51' to an existing iron; thence, l1. S38°45'14"W 520.37' to a set iron in the marsh 4e of Wbiskey Creek; thence manning along said nimb line as it meanders to the west to a point located 12_ N47°07'3211'pV 973.19' Subdivision; thence alongtosaiasdeXisting iron is the cast line of the Wb?itehucst line, 13. N38°29'22"E 65.95' to a set iron in the south line of the NHC County Pump Site; thence nmWng along the boundary of said site, 14. S44°26'26" l~ 60.46' to a set iron; thence, 15. N38029127"E 77.44' to a set iron; thence, 16. N51030'33"W 60.00' to a set iron in said east of line of the Whitehurn Subdivision; thence nwaing along said line 17. N38"29'22" B 1383.36' to the point of beginning, btr-14-ZUUb I HU UU M RM TERMY TURNER FAX NO. 9102560112 P. 04 29-14-'96 89;27 FROM-Hogue & Hill 9107626657 T-669 P094/009 F-686 Containing 40.52 A.Ct and being a portion of the Venters Tract as recorded in Book 1709, Page 366 of the New Hanover Country Registry, Subject to aay eas=rnts/rights Of „ay of record and subject to a 30' Public Utility Easement as recorded in Wp Book 29, Page 123 of said registry, 406 North Third Wilmington, NC (910)772-91I3 venwmcwb.Qoc Zoe 0.0IMS4i f 6jhw ar.r-I4-euuu IHU UU;4J HI7 IhKKY IUKNhF, FAX NO. 9102560112 P. 05 09-14-'06 09:27 FROM-Roque & Hill 9107626687 T-660 P005/009 F-686 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 210 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Regist etlon: Book; Document No,: NC REAL ESTATIN EXCISE TAX: Recorder: ON11=006 0914:06 AM RE 6077 Page: 242424 2006051458 DEED 9 POS Vj.00 $4,458.00 STORER, MARVIS ANN State of North Carolina, Coanty of New Hanover YELLOW PRO13ATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2006051498* 2006051498 e 09-14-186 89:27 FROM-Hogue A Hill 9167626687 T-661 P816/119 F-686 It P 1191111111 eK:?1T R:14W2 4! FE IN.N ?Jim I: Revenue Stamps: Recording timc, book and pap Parcel Ideati6a No. R07t00.007.p MGO (North fbrM No e:ertificagon or opi Wan on We is vMreued by It pgmw of We deed erte Vt as my appear *= da prepam's sighed catiflcan, or opmon. PMarW by; W. Tee =p Ions Howe, ML Mows, Nub & Lynch, l.-LP. P. 0. Dnww 2178 W&WdVx , NC 28402 Grant nndbg Wm: 1904 Bllstvood Road, WiUmbgm 28403 Returned to: Hove & STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER KNOW ALL MEN BY THESE PRESENTS that PROPERTY HOLDINGS, LLC, a North CaxoWz limited liability company "GRAN 01VI, in consideration of TEN AND NO1100 ($ 10.00) DOLLARS and outer good and valuable consideration, paid to GRANTOR by TSV DEVELOPERS, INC., a Norti'e Carolina corporation, "GRANTEE," the receipt of which is hereby aclwowlcU4 by these presents, does give, grant, bargain, sell and convey unto the sold GRANTEE, and GRANTEE'S heir, successors, and essigus, forever, in £x simply all that certain lot or pta^eel of land located in the City of Wilmington, Colony of Now Hanover, State of North Carolina, and mote particularly described ss follows: See aftched lfxkibde A, Inoarporetted heresfa as irsett out fn jita TO HAVE AND TO HOLD the aforessid lot or parcel of lead and all privileges and apputtemaamcas tha wto belonging, to the said GRANTEE and said GRAP1 ME's heirs, successors, and assigns, fore vezr, in lice simple; and the GRANTOR, fbir herself. her successors and assigns, does covenant with the said GRANTEE and said GRANTEE's successors and assigns, that GRANTOR is seised of the premises in feo simple, and has the right to convey the same in the estates atbresakd that We is matkestable and free ad clew of all encuonbrances, exeesept as horein stated, and tbA GRANTOR hereby will warrant and defwd the title against the lawful claims of all persons whomsoever, except for the exceptions hm Wn owed. 90 'd Z11099ZO16 'ON Wd N3HMn , ANN31 WV 10:11 AHI 9002-b1-BS 09-14-16 09:28 FR M-Hague d Hill 9107626687 T-660 P607/009 F-686 Title to the property is subject to the following exceptiow; The provisions of $11 applicable zoning and land use ordinances, statutes and regulations; current year ad valorem taxes; and all applicable restrictive covanaats and utility eatse ni nts of record. The del*atioaa GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, muculine, fetniniaAe or venter as required by context. IN WTr MSS WMREOF, PROPERTY HOLDINGS, MC, a North Carolina limited liability company has caused this inatrunnent to be signed in its name by its 14 tember/Managen, this the I ',• day of 6. PROPERTY HOLDINGS, LLC, a North Carolina lkdted liability corn' BY: . J 1./ (SEAL) Ts F. umexr Meaxtber/Maasagarr BY: 4G' K A24,0 (SEAL) A.V. Satt'o M ea'/Manoger r BY: ' - (SEAL) motor venters M Member/Mawagcr STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, a L i ^io-; ea* that the following person(s) personally appeared be re me this day, and (mark [ ®] one bar) a-`- I have personal knowledge of the identity of the principal(s) d x knave seen, satisfactory evidence of the principal's identity, by a current awe or federal identificattion with the principal's photograph in the Bonn of a A credible witness! rwitn=s) has sworn to the identity of the principal(s); (iaosext name of on behalf of and as thgV$u« kft Allowing entity: Member/Mana r _ (Insert "N/A" if' "{b a" inserted in Capacity cola t m above) 'Ica Notary Public O)riat name[roaluired]) (official seal) commission expires: SAWTAVemeaVikODed'???"fSV Developers, Xw.-N'orthTraetwpd.wpd 6?f?iti?"r. •.4 . LO 'd zii099FOW 'ON Xdd EMU ANS31 WV 20:11 t1H1 9002-M-d3s each w1mowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: 09-14-'06 09;28 FMM-Hogue & Hill 9107626687 T-660 P008/009 F-686 VEM=S TRACT - NORTH Begautting at a point W thO north line of Navaho Trail (60' R/W), said point behIg located N75°04'50" 'W 244.66' and N74°48' 10"W 278.71' from the interseotion of said north line with the west of Masonboro Loop Road (60' R/W), running thence along said north lane, 1. N74055'57"W 1066.37' to a point in the east line of the Seasons of Evergreen Pads Subdivision, thence leaving said north line and running along said east, line 2. N38°34'34" B 2004.99' to a point in the south lute of the Treybrooke Subdivision, thence running along said south line 3. S58°44' 17"1, 634.65' to a point in the west line of Masonboro Loop Road (60' RNA, running thence along said line 4. S08°52'04"W 711,76' to a point; thence leaving said west line and running along the west line Of the Bell axed Brock Tracts 5. S38°48'59, W 1042.23' to the point of beginning. ConWaing 39,08 ACf and being a portion of that tract recorded in Book 1709, Page 366 Of the New Hanover County Registry. Subject to All and any Easements of record including but not limited to those recorded in Book 2879, Page 232, Boob 3239, Page 37 and Book 3281, Page 240 of said registry. ven"mm"h.be Foe. o.DQWI0s04jd 406 North Third Street Willnington, NC 28401 (910) 772-9113 G(I-IO/ zoo-?,Ae- BO 'd Zi i095Z016 'ON Wd NHNNM ANN31 Wb Z0:11 f1HI 90241-dHS 09-14-'06 09:28 FROM-Hague & Hill 9107626687 T-660 P009J009 F-686 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For ReghFiruvon: Book: Dcwumsnt No.: NC REAL ESTATE EXCISE TAX Roaord"! W1212006 09:54:06 AM RE 5077 Page: 2429-2442 ?00$051500 DEED 4 POS $20.00 $5,061.00 STORER, MARVIS ANN Stab of North Carolina, County of Now llanowr YELLOW PROBATE SHEET 1$ A VITAL, PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2006051500* 2006051500 60 'd a 1109920 i 6 ON Xv.d NHNN(11 AHHH,I WV 20:11 AHI 902-VI-BS I. UW 1412006 47:17 9107537710 V PAGE 01 ?1n . L SEGO Sou ern environmental Group, Inc, Environmental, Development, and Conservation AJvisors www.sesi.us 11 Inc- at_i355 Nava_\,T County/Counties, North Carolina through the date of j]cccm6er 31, 7,006. VAJ is SEP 1 c LU G? D2c? YJ/?i'Ft C ;. 1f i 1Y hcrc6y grW al AND,14A0 57()awA4l aTi r2 BRANCH 5outharn f nvironmcntal Group, Inc., (5F C '3i) the right to rcpresent _T4V-JD-et I?GJAWs- --rAC in matters regarding environmental consulting services on real Frolaerlq owned 6y/ Under Contract 6y/_ T ?? Div e?opet•S Lana Owner/ Agent -7AY4 -- Datc 9'nzo0 - 00-- - 030 - Oad 53 13 9out6 College Road, 17uitr, Wilmington, North Carolina ,2841 2 910.45z.27t t • 531-- 910.452..2899 • ofTice0segi.us b'J/14/'Lbbb b(:1/ `J1U/ba//1d V PAGE 02 SEGO 5outhern Environmental Group, Inc. Environmental, Development, and Conservation Advisors www,sedi.u s c'tter of A enCIA joiithern F nvironmcntal Group, Inc., (c5-• nGi) the right to represent zi 'ow S' W, -- in matters regarding environmental consultin9 services on real property owned by/ (Jndcr Contract by/ LLC _hIAU J2P in A-' k?-?-?-- _, New N a ?no,? CountYCountics, Nortk Carolina through the date of December 3 11 2006. (vane Qwncr/Agent So?1n T'r q Lit. P 1 D ? ?• 1! V- 04 Datc R0--k Z00 - oo-} -03\ - 000 5315 South Callcge Road, '13uite iti • ? jl r,;' hon, North Carolina 28+1Z 9 10,452.ZJ I I Fax: 910.t52.za9q • office@segi.us U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200400550 County: New Hanover U.S.G.S. Quad: Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Jane Bellamy Venters 3 k. Address: 2302 Gillette Drive y Wilmington, NC 28403 lS r? Telephone No.: 1006 Property description: ; SET ?}P,r Vic. iq ?? ?_?~ ctvq, Size (acres) aaaz. 39 Nearest Town _Wilmington r? ??Nr?R'I?Cti Nearest Waterway LTT to Whiskey Creek River Basin Atlantic Intracoastal Waterway USGS HUC 03030001 Coordinates N 34.2385 W 77.7969 Location description The property is located along the northside of Nava lo Trail westside of Masonboro Lo2p Road. in headwaters wetlands adiacen to an unnamed tributary to Whiskey Creek, south of Wilmington New Hanover County North-Carolina. Indicate Which of the Followin 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 wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAX33 USC § 1344). 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. _ 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 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 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 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 (910) 395-3900 to determine their requirements. Page I of 2 M a6U `? 0 S?S? Action 1D. ent of the Army permit may waters of the US and/or wetlands without a Department regarding this Placement of dredged or fill material within constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions ato program, please contact Jennifer S. Fry_ at 910-2 -4923. Manu determination and/or the Corps regu rY P Apn rribed in the 1987 Cor s Wetland Delineation ___.. w9tprwav. a uq?;c For Determination: res ective? . Remarks: Corps Regulatory Official: Expiration Date 12/21/2009 Date 12/21/2004 and the wetland data form must be attached to the file copy of this form. FOR OFFICE USE ONLY: Request For Appeal" form must be p plat or sketch of the property Administrative Appeal Options And Process And A copy of the "Notification Of ent COPY of this form. transmitted with the property laced atlands/waterslease indicate ?n "Remarks" section and attach the If the property contains isolated we, p of this form. "Isolated Determination information Sheet" to the file copy NOTES: ry / THIS CERTIFICATE OF THE U.S. ARMY CORPS OF ENGINEERS: 1, LOT IS LOCATED IN ZONE C ACCORDING TO THIS CERTIFIES THAT THIS COPY OF THIS PLAT M4VAV ?,At ? .10 THE FEDERAL EMERGENCY MANAGEMENT AGENCY S 0 i4wE U FLOOD INSURANCE RATE MAP, COMMUNITY-PANEL ACCURATELY DEPICTS THE BOUNDARY OF THE ti /\ NUMBER 370168 0090 E, DATED: 9/3/92. JURISDICTION OF SECTION 404 OF THE CLEAN N **Wy a vu \ TOTAL SITE AREA= 39.08 ACt WATER ACT PURSUANT TO THE 1987 CORPS OF ENGINEERS 3, RATIO OF PRECISION 1:10,000+. AS DETERMINED BY THESUNDERNSIGNED ON NTHIS \ e / DATE. UNLESS THERE IS A CHANGE IN THE LAW \ OR OUR PUBLISHED REGULATIONS, THIS DETER- MINATION OF N a RELIED UPON FOR AN PER404 JURISDICTION IOD OF FIVE WARS Y BE LUGAi10N M/F'. FROM THIS DATE. tit L E GE IV f? z 9" y'' ?ro ° \ \ 1 FMK SIGNATURE OF-U.S. ARMY CORPS NEERS OFFICIAL MAP DOOR 35, PAGE: 3 adyy D EXISTING CONCRETE MONUMENT n ?' ?m \ ?3a\` ? ? ? \ DATE a I kQr-F • (CONTROL POINT) g m \?¢, ?? I d 00 yooS5U 0 SET IRON ?o I *,I"- UmmD \ \ `1 \ 0 EXISTING IRON \ I L J gS Y \ MAP BOO 35, PAGE Y • 02 so MAIF 42. rAGr 55") .......... O 9 h n u r ? \ roic 404 WETLAND p1 '" l4. PMT IC I a ? \ \ Q 14.15 AC± M, \ L, HCC ? \ ?1 ? ?? `ttttttttlttft? BOW/ + s S38'48'59'W ' w > 4z 66.04 ; w S6 5»8'?rE bop ?? \1 `T "" G I ?°n 9'p8, 's ve w 24 877 ACt RN ?e L, ry ' Q? ii??t11j0i Dttt°i 40,6 4ft 40 >> . u? v, b KENN " BOOK 1 IM, FAM 1743 "°' ? 61D4 p l \ 44 2e , ?r• ?/ V1?TLAN1? I??LIN?ATION OF THE w 5?p,001? VEI V Tr_1 Ps 1 r C-r f n? f '? ?p 248tI??§ ?p ? 404 WETUWD N a \ n AS RECORDED IN BOOK 1709, PAGE 366 OF THE 1'ML-IMINAIZY m DElMJAWSg1 W T , s NEW HANOYER COUNTY REGIStt Nor F012 I?GOIa7AfION JpN DooK 1517, PAGE 688 h PACE 240 •OG AC_ rs / co ?hBe 326 1 MASONBORO TOWNSHIP NEW HANOVER COUNTY NORTH CAROM GONVEYMICE5, 012 n lm DOOK804, PAGE 514 1 °' AUGUST 20, 2003 5ALE5 f'I '055. " m \ a EASSEI ENT S5547'24'E FOR AUGUST 13, 2004 4213 S7039'10'w \ J965 ?nE) BOOK 3239, PAGE 37- 1,13' 10?5j VIG P.O. VBOX 4213 29.66' N/30? B-52 4 _ 11 76' _ N INGTON, NC 28406 MASON BO RO LOOP ROAD (60' R/4) N38'48'S9"E b V / 203.08 (TIE) ARNOLD W. CARSON PET PC 406 NORTH THIRD STREET WILMINGTON, NC 28401 PHONE:(910) 771-9113 5EE 5HEET I OF 2 _m mow MAVAFM IL r JEK AW wwnwm[ LINE TABLE LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH UNE BEARING LENGTH -A20 N81'19'19"W 40.24' 122-123 S41 '46'48"E 24.63' A90-A89 S59'33'41 "E 41.70' -A19 [ N51'42'28"W 41.82' 123-124 S68'57'34"E 18.14' A89-A88 N74'32'52"E 28.98' -A18 S25'53'24'W 68.00' 124-125 N73'22'19"E 32.92' A88-A87 S26'48'58"E 35.14' -A17 S59'59'31"W 33.86' 125-126 N80'55'15"E 31.34' A87-A86 S01*17'48"W 33.47' -A16 17 S41'0 5'43"W 53.18' 6-127 N70'42'43"E 41.50' A - S5628'52"E 26.26' -A15 550'11'49"W 46.75' F12 7-128 N68 '02'59"E 50-02'- A8 S3691'50"E 29.41 A15-A14 S35'01'37"W 75.64' 128-129 S83'43'06"E 22.52' S25-51*19"W 24.68' A14-A13 N84'27'59"W 48.14' 129-130 N50'51 '57"E 43.72' - S65'04'53"W 15.82 A13-A6 N83'33'32"W 186.27'• 130-131 N50'54'55"E 20.81' S51'20'24"W 30.45' A6-A5 ' 131-132 N71'47'21 "E 41.94' - S57'29'41 'W 29.21' A5-A4 N81-29'02"W lo4.8()' 131-81 N36'33'18"E 35.27' S56'49'56"W 40.44' A4-A3 ' B1-B2 N24'47'49"W 68.81' N56'09'51"W 13.63' A3-A2 ' 82-83 N88'01'06"W 60.40' - 41 N05'49'26"E 17.23' A2-A1 ' 83-84 N16'50'32"E 52.55' - N70'51'59'W 30.77' Al-216 ' 84=85 N12'23'33"W 39.46' N70'12'09"W 30.85' 216-215 S79*43'06"W 29,17' 85-86 NO0'02'57"E 41.40' - S88 3'47"W 49.04' 215-214 " ' B6-B7 N1 2'04'43"E 39.23' A38-A37 S42'26'44"W 63.22' 214-213 ' B7-88 N30'42'59"E 63.96' 7- S71 '26'58"W 43.14' 213-212 " ' 88-89 N52'10'34'W 46.24' S16 37'28"W 42.67' 212-211 " ' B9-810 N38'21'1 4"W 42.49' S24'01'39"E 83.91' 211-210 36,78' B10-811 N 15'63'02"W 50.19' S43'20'13'E 26.70' 210-209 ' B11-B12 N 2234'05"E 43.88' S35'43'44"E 48.90' 209-208 S79-21*15*W . ' B12-B13 N51'32'28"E 38.71' - )52'11"W 19.24' 208-20 26.65' B13-814 N39'45'1 3'E 54.04' - 111 '38"E 53.66' 207-206 206-2 ' ' B14-1315 B15-816 N S 22'34'01"E 80'29'35"E 1081' 11.20' - S61'42'OS"E S28'06'40"E 57.74' 46.67' 205-2 204-2 19-30' 19.64' 1316-1317 B17-B18 N43'26'31"E N41.22'37"w 29.61' 17.99' S64'Ol'11'E - S33'45'13"E 54.39' 40.81' 203-20 10,54' 618-1319 N03'50'07'E 16.10' S52'08'56'E 42.55' 202-201 ' B19-B20 N47'49'44"E 19.74' A25-A24 S60'47'33"E 50.50' 201-200 102-103 103-104 "W N40'31'40"E N09.08' 1'E 16.81' 11.28' B20-B21 21-822 22-B23 N63'57'04"E N30'48'1 2"E N34'04'09`E 32.35' 27.15' 55.45' A23 S5616'37"E S20'01'44'E 400-300 S48'32'34"W 41.85' 55.35' 9.84' 104-104 N06'49'16"W ' 23-B24 N36'1 2'51"E 55.99' 300-301 S73'49'40`W 26.60' 104-105 105-106 106-107 N74'09'04"E N78'49'56"E N5644'48'E ' ' ' 1324-A107 7-Alffl 106--01 N23ti1'41 "E N41'53'48"E N68'34'55'E 33.07' 41.64' 54.99' 301-302 S71'29'1 2"W 302-303 583'31'40"W 303-304 S43'20'03'W 21.02' 13.14' 21.22' 107-108 N28'53'1 8"E ' 105-A1 N19'08'12"E 41.23' 304-305 S29'02'43'W 33.33' 108-109 N3924'55'W J 104--01 N43'23'47'E 50.89' 305-306 508'51'12"W 20.82' 109-110 N46'14'31"W 103-A102 N55P8'04`E 30.67' 306-307 S6135'09"W 25.74' 110-111 N51'26'S3"W ' 102--0101 N5723'49"W 27,72' 301-308 N8913'02"W 19.17' 111-112 N4338'52`W 101-AIOO N25'1 7'30`W 23.00' 308-409 N39 31'17"E 13.56' 112-113 N23'56'34"W 568 ' A100-A99 N67'32'50"E 6i.36' 409-408 !i63'13 41"E 8.22' 113-114 N37'12'27"W 99--098 S76'S3'38"E 60.00' 408-407 N32'33'36"E 25.57' 114-115 N15'12'49"W 16.89 A98-A97 N44'59'35"E 21.91' 407-406 N14'0803"E 24.76' 115-116 N01'46'06"E 14.91' A97-A96 S40'2633"E 47.92' 406-405 N48'18'39"E 24.38' 116-117 S40'53'1 2"E 23.04' A96-A95 N22'16'26"E 15.25' 405-404 N44'37'10"E 23.57' 117-118 S20'46'060E 24.64' A95-A94 S32'17'03"E 56.40' 404-403 8'04"E 16.75' 118-119 S26'00'34"E 27.66, A94-A93 $45'52'16"E 62.39' 403-402 5'37"E % 18.55' 119-120 S29'31'34"E rh .70' A93-A92 S68'07'24"E 27.58' 402-401 800"E 120-121 S44'47'52"E .48' A92-A91 N88'02'41"E 62.78' 401-400 S84'58"50"E 23.09' 121-122 S67'29'30"E 19.79' A91-A90 N73'49'31"E 36.45' ?&t) N'4. M111100" %% V14:'fL-ANI7 I??L IN?ATION OF THE VIA N1E-? F-,.5 TP.lAC1" AS RECORDED N BOOK 1709, PAGE 366 OF THE NEW HANOVER COUNTY REGISTY LIASONBORO TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA SCALE. l' = 40' AUGUST 20 2003 FOR AUGUST 13, 2004 Vic VF-NTF-f25 P.O. BOX 4213 WILMI TON NC 28406 ARNOLD W. CARSON PLS P 406 NORTH THIRD STREET HILMINGTON. NC 28401 PNONE:(910) 772-9113 GPROUr?t:? 910 511EEF 2 OF 2 , 1 14MCWATER 45 R D5TRICr %, PUMP SITE BK 1456. ME G3,1 / L N3B52 E ' `7 - ' 85.95.95 S (17t) IW F TA MB 31 „PG 278 n ???W W y W W W V• W W W W M• W V' W V L W I n l 1z 30' GENTUr %\ (MAP 29, PAGE 123) 5m &(1000• N 595 fit,; 1 TABLE DI5CL051NG LOCATION OF FOUND PROPERTY COPJ4ER5 "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE WITHIN WHREHUR5T5UBDM5I0N BOUNDARY OF THE JURISDICTION F SECTION 404 OF THE CLEAN WATER ACT FROM SANE AS INDICATED BY 1 AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A MAP5 SHOWN hE tEON CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION ® BASE CONTROL PONT I OF SECTION 404 JURISDICTION MAY BE REUED UPON FOR A PERIOD F NOT ® LNE Comm POINT EXCEED M THIS THIS NATION WAS MADE UnUZING THE 9B7ACOPPSO F ENGINEERS WETLANDSRDIEUNEATION MANUAL." N243D'05'E 0.02' (D N7096'02'W 0.14' Q S35-21'25"1V 0.07' ®S74'06'39'W 0.34' (NAME) (DS2932'53'E 0.64' Q N1620'24`W 0.07' (TITLE) 3 Paw As ?, ???1y11 (DAIS) - ? SUB0111ASAN ACMAL IDN As T ? Bumm ASE BEARM AM DISTANCES ofHaM °R I ASE MS WE sHONN c PG 367 ;??' ay1 AND ARE (ArD?) 11dm NUT THE R MILT OF NT AMAL %wfY BY ME 4W IzUz? WHR HURST i1 o'(S? tit 11? 5 l1 1 61 / s? 1 ? I'P) mla L Qf " ?' 278 Mp 3Z. PG I I G 1383.3 (TOTAL) O W \, .. V• V• W W V. W W W r 4 W V' W V V• V' '?' W W W W V• W W W V• W _• y??' W V• W VV \/ W W ??WY{j{ W W V W a• W V• W • V• !' W V• W C W W V• W W W V RMEIERY NMI WED ?TO?? JFlED BY E 5'48-29`r S3898'4Q'W 111.73' 96.59 1 `1 NOTES: 1. THIS TRACT IS LOCATED IN ZONES 'C' & AID (EL 11) ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT ® 1 ; AGENCYS FLOOD *=RANCE RATE MAP, COMLIUMTY-PANEL. NLIMM 370168 0091 E. DATED. 9/3.92 FROM PA FLOOD TH THE "FEMAAFFTI M MAAPaac as MAPS INCONJUNCnON '. 2 TOTAL SITE AREA- 40.52 AC* 3. RATIO OF PRECISION 1:10.000+. 4. THIS TRACT IS SUBJECT TO ANY EASEMENTS OR RIGHTS OF WAY OF RECORD. . . O TOTAL TRA', T AREA = 40.52 ACa` ® UPLAND = 13.44 AC UPLAND = 0.51 AC © UPLAND = 22.44 AC Q WETLAND = 4.13 AC VPi'TER5 t?E GROVE NAVAHO IN W ISKEY LOCA110N MAP NOT TO SCALE, 1 FAFJ OW . w." FAPAN, 1 1 I `BK 13G Imo, m 16621 ` p??36, I EL 2132. FG 476 PG 596 FG 771 TRACT , ONE0M Of BATnSTA XM PIL011E. A WD 1 11 NAVAHO WOODS 1 MB 27, PAGE 154 1 J rAp" FG MB 32 ?% •/ 5K 3--b2. PG 192 PG 19? TRACE 2 y OA 11? 6ONOFBAII6TApiWPIC01?R7WlD / MB 27. PAGE 154 `4 110 ? ? L;?G?Nc7 ` 0 = EXISTING IRON 1V j 0 = EXISTING CONCRETE MONUMENT INARY X?04? ELIM FOR RECORDATION, ?P CONVEYANCES OR SALES PURPOSES. ENTERSsouth404 SHEET 1 OF 3 W 404 JUI:I5C?ICTIONAI, D0UNPAI21' MAP OF THE 13C-L-LAMY AS RECORDED IN BOOK 1709, PAGE 366 OF THE HA NOVER COUNTY REGISTY `M SCALBE?14 T0200 P NEW HANOVER COUNTY NORTH AU(UV%", % 1 1 1 1 \ pR U PO BOX 4213 Z Q ' V, c V, INGTON, NC : p L 5V 6? ARNOLD W. CARSON L3 P • < 1 1 406 NORTH THIRD STREE* '.?/?!? S,?Q• 1 WILMINGTON, NC 28401 PHONE. 910) 772-9113 ?4 R • ?D "z '0 Q?? i I *? lb 01- Atl t V 7% a " N N to .7 A27 ?',ry ? ` ? 116 , 2F \ ? QA48 A47 Aq6 A45 ASO ++V SID LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH Li N5130'38'W 4212' L115 NOEMO' 3'E 35.66' L2 NSB3 '36"W 25.24' L116 NiS'07'25'E 27.60' L3 N1156'28'W 26.27 L117 N0930'54'E 27.03' 'E 18.95' L118 21'02'31'E 48.48' 'E 27.84' L119 09159154E 2I 'W 207' L120 N16W58'E 49.96' W 24 4' L121 N6227'35 41.40' Z M 21.94' L122 N12'f0'1J 41.78' 'E 14. L123 N25103' " 36.48' 'W 289' L124 27,65' NUIV433"W 'W 24.23' L125 3&28' L12 'W 20.02' L126 S86'18'06'E 43.31' L13 S8611UZrN 28.08' L127 S67129'0 9 39.5 L14 N4 53'37'W L128 ' 4'E 4.85' L15 5' 0'W 267' L129 NSMI'46"E ' L16 N56'48'25'W 4555' L130 N8645'17`E 265' L17 N7 '1 45.38' L131 N05101'5` 30.67' L18 S7 ' 'W 31.10' L132 1405'J7' 36.96' LIS 'W 43.61' L133 N E 43.69' L20 SS095'30'W 65.66' L134 5 '34'E 34.57' L21 52446 3558' L135 955 26.43' L22 S19'I 5'W 28.10' L136 05 24.76' 94 ' 37.28' L137 N4nV42"E ' 3&32 L24 S22'S7'30"W 47,Ml L138 N05'12'20'W J1.18' LZ5 S51.4B'04'W 6173' L139 N23'04'58'E 4742' L26 S4033'3 'W 64.51' L140 N .4 L27 S65 43.68' L141 NO 1 237 L28 5 675 5 49.51' L142 6 Ir 32.S2' L29 06' L143 N 9' 25.83' LJO 4 `W 53.94' L144 N 40.34' L31 05*41*04"W 5259' L145 0E .48' L32 5 85 O'48'W 40.58' L146 N293 261E 21L73' L33 S 48'10'S4'W 70,22' L147 N "W &tW L34 S4 45'51'W 46.38' L148 N 4 4'W 2139' L35 S 33' WW. 47.60' L149 N47-42, ' 3'W LJ6 '4 'W 31.19' L150 !W N66 50' 2&05' [17 5&41!W 30.45' L151 076' ' 3235' L38 'W 3 .70' L152 ' W 34.18' L153 N6 51 'W L154 N5446' 00, L155 N47-40' 34.1 ' L156 ' Y11'W 61' L157 J a5*Wo4lW 31V L158 N 7'30'W 24.42, L159 N 4756'08'W 29.95' L160 9' 45.85' L161 8'52' 20.25' L162 908'4 449' L163 N 8428'O6'W 4.03' \, ?\ \V 404 JL9215l71C11O LSOUNVAI2Y MAP OF lHE < ?c3 -Q 13t?-LL-AMY T- AC-' 0 AS RECORDED IN 8001(1709, PAGE 366 OF THE ?9\?\ 43 Q ?? hpJ? NEW HANOVER COUNTY REGISTY ?\ MA50NBORQ TOWHS0IP NEW HANOVER COUNTY NORTH CAROLINA \ ??Dc Q SCALE. 1 10AUGUST 16, 2%puau???y VIC V?N?p5 ?PROLIN •5 ?? 6 1 C?j PO BOX 4213 S101?'• ' Il Ml 0 NC 2840 ?t PRELIMINARY a p ' 60 CONVEYANCES ORASALES ?Z ?' z PURPOSES AR OLD W. CARSON PLS PC p 406 NORTH THIRD STREET : ( J4L1 co % Az- WILMINGTON, NC 28401 ..:.Ni) S%. ?,. 056136, `?1?1 100 50 D 1HONE-(910) n2-92113 00 .•OLD?P % 400 SHEET 2 OF 3 ?'ZZ•? p? qty A j 1 I 1 I ?w ul WHITEIIUR5T ?16? I X1 5j1 I 4j' ! , iz3 MB 33, 1 ?-? 6 f.,} PG 367 ` , t Z t t t1 - I I M53I,IPG278 I ?2i I?colQ?jlIR,1 j101 1 /E)P 1_i j (61 i t,5i 1 ?r j N38'29122"E I lh ?, J0 ?JMI 32 PG I)) I6 ' I o\-/MB 3I, PG1278 353.36'1 I ?1 , Iu E cn 4 1383.3(5;/ (TOTAL) ` 14) ?Tr t 84.00 93.00, 93.00 10 I y ?? 710.00 Tip 731.78' 84.76' tt LNE TABLE 9Z8 s t LINE TABLE ?e14 ? , t ?• n -916 6%31N L40 926ms -39.02' .02; 01 N12-57'31*E 3&38' SEND v L 02"W 34.13' a'1 TING IRON S67'32' E 24.53' t fire 0?9 a l11 t J I7NG CONCRETE MONUMENT N ?`m `L' E9 ?ol , t L* 4EL7& I L1 47 L46 2 7' m D 86 ?• L47 ZV25"t I 4g W s y ' ?1 t 276 4116, 0 W517 1 46. 3 Li 11 ?1,2,5 2' 41 SW L111 N17 y y `? ?•, ae9 y i• ?, ?. a 99y )J my 1 tt Ile 97*TA'3t. L113 N1 0. i s2g ?? y y 3&32' S74*51*05"E 'o L86 > (B) V N (B 164 t tt I 'W I 22.W L58 38.72' L59 'F7 in-ml %r ?% A t Ls! 0 S481 33 ' y L y ar , 1 0 CE M46' 956 y .L 01 t, tt f? A7? 956 'j' y L' ?! t L66 S56!59*19*W ' 26.48' 1 A71 d) L6 5 3!11'w 1 13.3r t Ls 19.94, 47D ?? G1 d ( , t L71 .75' ?+ ?9 1 4ag t L73 W L74 W- -34.2,V m 1 y. L110 T 1 L75 40.38' Utt '? # t112 nge7 1 y S79'03V10 27-42' t?15 N .? t L76 sa *2n, r, 23.41' C ? t11? ZT? N ?Y ? L ?s L78 38, t??5 p e9V tt>p Vo ,16 7 r LIB ' N12-5434'W- 1 31.71' 69V L82 \L- 141- r 9 9, 4 v 40 ? J& ' -FO<1 JUI215PICTIONA- 0301-INJPAPY MAP 51 N 34.42' 4L 6 N '4 33.18, 0 OF THE L87 N5 *5 27 37.45' 13?LLAMY 1.AC Lag N1(r44,3crwT-i4-3v fi AS RECORDED IN OVER 1109, PAGE 366 OF THE 21'W 29.7r L90 N2751' Job MASON80R0 TO NEW NEW HA COUNTY COUNTY SNIP NEW HANOVOR COUNTY NORTH CAROLINA L91 MoZeWE 2&07' SCALE I' = 100 AUGUST 16, 2005 L92 N43-5W04"W 55.35' L93 N3371*17'W -39.27' FOR +?puutli+?p? L95 1'37' .67' Vic VF-NTr:P,5 P BOX 4213 ,•y'??'q°• L96 'WIN 1 A 4- ?. • ' I GTON, NC 28 06 Q 0 S ION 431 2' , Lga IL192 40 30' ? PRELIMINARY ?; L FOR RECORDATION,; ¢ 5q +OS Z ?EYANCES OR SALES RN W. 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I O1/1WE1/f1 YM0 OM701 pl 'AM V1 v'1 v w ? lOHS WOOZ SONdlL3M X,?IAOT1111Y AN 31! 0 +.ar ?.awa. qv% NN -A - 0 N LARKSPUR COURT 40 FT PRIVATE R/W O co O V p w Z J a 0 0 N O VV). ?o 5outkern Environmental Group, Inc. 5515 `joutk College Road, `juite F • Wilmington, North Carolina 281-12 910.452.271 1 - rax: 910.452.2899 • office@segi.us www.segi.us September 15, 2006 Hand Delivery Ms. Jennifer Frye Wilmington Regulatory Field Office US Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Re: 1300 & 1355 Navaho Trail Masonboro Township Proposed "Willowick" Subdivision Justification Dear Ms. Frye: [SEGi Project #05-108.01 ] The Applicants have asked Southern Environmental Group, Inc., (SEGi) to respond to comments made at the pre-application meetings held 20 July 2006 and 24 August 2006. 1. Determine if entranceway(s) to proposed subdivision can be relocated in order to avoid and minimize impacts to jurisdictional waters. In an attempt to avoid and minimize impacts to jurisdictional waters, the layout of the subdivision has been revised multiple times. In the original layout, the applicants were proposing an additional three lots adjacent to the entranceway on the North Tract. After meeting with the City of Wilmington, the applicants then decided they would sacrifice those lots, in order to protect the critical wetland area adjacent to the entrance. Should the applicants be required to relocate the entranceway, the purpose of the project, creating a 176-lot subdivision, would be unobtainable because they would be forced to relinquish a number of additional lots due to lack of access (approximately 10%). Can the road associated with "Impact Area A" be moved in order to avoid the wetland impact? S F P 1 9 2005 [)? Ni , t u ?i_FFY WERANDS AN0 ST( 1WA;_ TR BRANCH Avoidance of Impact Area A is not feasible, because the the shifting of the road would increase the impact associated with Impact Area B. The net result would be a A SE-6I larger amount of impacts to jurisdictional waters, the shortening of stormwater swales, and the loss of an additional three lots. Stormwater regulations require that the vegetated swales, used to carry and filter runoff, be at least 100 feet in length. Shortening the swales would create the potential for the applicants to be in violation with the Division of Water Quality. 3. Will pedestrian walkway suffice, or is it required to have sidewalks as well (referring to the North Tract)? The City of Wilmington requires five foot sidewalks be placed on both sides of the proposed road. Therefore, a pedestrian walkway will not suffice to meet the criteria set forth by the City. The applicants were granted a variance on the North Tract and have obtained permission from the City to incorporate a single sidewalk on the outer edge of the roadway, thereby reducing the impacts to jurisdictional waters. The Applicants are proposing to utilize super-elevated roadways for the Willowick subdivision. The stormwater collection flumes, which collect runoff from impervious surfaces and divert it to the vegetated swales, are located on what would be the lower side of the sidewalk. If the applicants incorporate the second sidewalk, adjacent to the wetland complex, they would be required to bridge the stormwater flumes, which creates a hazard for pedestrians using the sidewalk. Also, if the applicants were required to add the second sidewalk, it would reduce length of 100' vegetated swales, which were placed in strategic locations in order to recharge wetlands. 4. Will turning lanes be required? If so, determine if any additional impacts will be associated with the placement of turning lanes. Incorporate turning lanes onto preliminary plat (if need be). The turning lane associated with the North Tract is already depicted on the preliminary plat, and there are no jurisdictional impacts associated with it. Should turning lanes be required for the South Tract, no additional wetland impacts would occur, as the turning lane would be constructed in an area comprised entirely of uplands. The Department of Transportation will decided whether or not the South Tract will require a turning lane, after the site plan has been reviewed by the City of Wilmington. 5. Determine if Impact Area G is solely a stream impact or is there wetland impacts associated with that crossing. Due to the steep slopes, is it possible to incorporate a bottomless arch or headwalls. Impact Area G will impact both the stream and the wetlands. Both types of impacts have been accounted for and are listed separately on the permit application. The 5F-6, applicants are planning to use culverts with headwalls and wing walls to account for the steep slopes. 6. Provide zoom shots of areas adjacent to wetlands to show fill slopes are outside the wetland line. Zoom shots are provided for those areas in question. Also, the applicants intend to use retaining walls to avoid impacting wetlands adjacent to the roadways. Those areas are depicted on the plat submitted with the Pre-Construction Notification application. 7. Determine the reason for interconnectivity between the proposed subdivision, Willowick, and the adjacent subdivision, Whitehurst. Will the subdivisions be sharing amenities? According to Article IV: Design Standards Subdivision Regulations for New Hanover County, "The City of Wilmington and New Hanover County hereby determine and recognize that an interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles and enhance non-vehicular travel such as pedestrians and bicycles and to provide continuous and comprehensible traffic routes." With that said, the Applicants have no intent of Willowick sharing amenities with Whitehurst. The stub-outs were connected in order to conform with the standards set forth by the County of New Hanover. 8. Demonstrate a purpose/need for Impact Area A. Determine if area will be alloted for as "open space," or do applicants intend to put another lot in this area? The Applicants have stated that, should the fill request be granted, the area would be alloted for as "open space," and duly recorded as such in the restrictive covenants for the proposed subdivision. At this time, we respectfully request the Corp consider the aforementioned justifications pertaining to impacts associated with the proposed Willowick subdivision. Should you need any further clarification, justification or documentation, please feel free to contact me at 910.452.2711. Thank you in advance for your time and assistance. Sincerely, Amanda L. Kolb Environmental Consultant F?'3. 1 1 `jouthern Environmental Group, Inc. 5315 South College }load, Suite E • Wilmington, Nortk Carolina 261-12 910.452.271 1 • Fax: 910.452.2899 • office@segi.us www.segws Willowick Mitigation Plan Requested By: TSV Developers, Inc. 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Navaho Investments, LLC 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Prepared By: Amanda Kolb Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 SF P ?vcrrn v nVri?,?r?„ trf ???ucN September 2006 Introduction TSV Developers, Inc., in conjunction with Navaho Investments, LLC, is proposing to develop a residential cluster subdivision, Willowick, that will be located at 1300 Navaho Trail, Wilmington, Masonboro Township, New Hanover County, North Carolina. The applicants are requesting Department of the Army approval for unavoidable impacts to section 404 wetlands. TSV Developers, Inc., and Navaho Investments, LLC, have retained Southern Environmental Group, Inc. (SEGi) to prepare a mitigation plan to off-set all unavoidable wetland impacts associated with the proposed development. Willowick is comprised of two tracts, which encompass a total of 79.07 acres. The parcels are collectively referred to as the "North Tract" and the "South Tract." Two environmental consulting firms were hired to do the wetland delineation. In 2004, Soil and Environmental Consultants, PA, based out of Raleigh, delineated the North Tract. Southern Environmental Group, Inc., performed the delineation on the South Tract in 2005. It was determined that of the 79.08 acres, 18.04 acres would be considered jurisdictional wetlands according to the parameters set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. Two separate field verifications were conducted by Ms. Jennifer Frye of the United States Army Corps of Engineers, Wilmington Regulatory Division. The verification of the North Tract was held on 21 December 2004, and the verification for the South Tract was held 16 March 2006. The North Tract, located on the north side of Navaho Trail, contains 39.08 acres. The land is heavily vegetated and unimproved. The property identification number (PIN) is R07200-007-030-000, and the Action ID number is 200400550. The South Tract is comprised of 39.99 acres, found on the south side of Navaho Trail (PIN: R07200-007- 031-000; AID: 200600561). The South Tract is more sparsely wooded then the North, due to timber harvesting performed in the Summer of 2004. Currently, the site is wooded, with scattered clearings throughout the parcel. There is also a branch of Whiskey Creek that infiltrates the property on the southern tract. The surrounding land use in the vicinity of the project is residential. Impacted Sites At the present time, 18.04 acres of jurisdictional wetlands exist within the proposed development. Completion of the proposed subdivision requires that a 0.35 acre of 404 wetlands and 72 linear feet of an unnamed tributary to Whiskey Creek be impacted. The applicant has not proposed any impacts for Whiskey Creek. There are a total of seven (7) areas of proposed wetland impacts and one (1) area of stream impact located throughout the proposed subdivision. All of the proposed wetland impacts, as well as the one (1) proposed stream impact, are associated with the completion of roadways, which would grant access to lots, while meeting minimum DOT standards. The impacts are unavoidable, and have been minimized as much as is practicable (Figure 8 - Impact Maps). In 2003, the land owner obtained a permit to log both tracts of land. While the North Tract had "forest use" tax status, no logging was performed on this tract, due to the tract being under consideration for development. The applicant felt that even though it would have been legal to have the property logged prior to development, it would have been unfair to the spirit of the City's tree ordinance to harvest the timber. Therefore, the North Tract remains unaltered, in a heavily wooded and vegetated state. The North Tract is comprised of a large pine flat wetland system, surrounded by wooded uplands. The areas of proposed wetland impacts associated with the North Tract can be classified as pine flat. At the time the logging permit was obtained, there were no development plans for the South Tract. A portion of that tract was selectively logged in Summer 2004, for pine saw-timber (>12" diameter breast height) and other smaller merchantable pines. At the present time, a variety of different habitats are present throughout the parcel. A branch of Whiskey Creek infiltrates the southern portion of the South Tract. That area is surrounded by coastal wetlands, which leads up to an Unnamed Tributary (UT). The UT of Whiskey Creek extends to a large wetland mass, composed of a swamp forest (found on the interior of the wetland complex), surrounded by a mixed hardwood wetland system on the exterior. The forested areas of the property are primarily wetlands, with a small portion delineated as forested upland. The remainder of the site is uplands. The areas of proposed wetland impacts can be classified as swamp forest and along a forested tributary to Whiskey Creek. Soils Soil types present within the proposed Willowick Subdivision include Baymeade fine sand (Arenic Hapludults), Craven fine sandy loam (Aquic Hapludults), Leon fine sand (Aeric Haplaquods) and Lynn Haven fine sand (Typic Haplaquods) (Figure 12 - Soils Map). The soil types mapped in the areas of proposed impacts include: Leon sand (Aeric Haplaquods) and Lynn Haven fine sand (Typic Haplaquods). Both of these soils are classified as hydric, according to the National Hydric Soils List. Vegetation Vegetation associated with the project site includes: Arundinaria gigantea (Cane reed), Ilex coriacea (Large gallberry), Ilex vomitoria (Yaupon holly), Liquidambar styraciflua (Sweetgum), Magnolia virginiana (Sweetbay magnolia), Myrica cerifera (Wax myrtle), Persea boronia (Red bay), Quercus nigra (Water oak), Smilax rotundiflora (Catbriar), Pinus taeda (Loblolly pine) and Pinus serotina (Pond pine), among others. • The pine flat wetlands associated with the North Tract are vegetated with a canopy of Pinus taeda, Pinus serotina and Liquidambar styraciflua; a shrub layer of Myrica cerifera and Persea borbonia; and an understory of Smilax rotundifolia. • The mixed-hardwood wetlands surrounding the swamp forest on the South Tract are vegetated with a canopy of Magnolia virginiana; a shrub layer of Ilex coriacea and Ilex vomitoria; and an understory of Smilax rotundiflora. The canopy of the swamp forest found on the South Tract is vegetated with Quercus nigra; and a shrub layer of Arundinaria gigantea. Hydrology The site currently is fed by precipitation combined with a high shallow ground table. The wet pine flat on the North Tract acts as a headwater region for the UT of Whiskey Creek. Hydrology indicators in this area include: drainage patterns, saturation in the upper twelve inches, water marks and water stained leaves. The UT associated with the South Tract is tidally influenced. The North and South Tracts are hydrologically connected by a ditch underneath Navaho Trail. Mitigation The proposed wetland impacts will permanently impact 11,251 square feet (0.25 acre) of pine flat wetlands, 871.2 square feet (0.08 acre) of forested tributary, and 3,484.4 square feet (0.08 acre) of swamp forest. As compensation for these impacts, creation of 1.05 acres forested wetlands and preservation of 17.69 acres of wetlands within the property limits is proposed. Creation (1.05 acres) The first component of wetland mitigation for proposed impacts within the planned subdivision will be the creation of a forested wetland associated with Whiskey Creek, totaling 1.05 acres (Figure 13 - Wetland Mitigation Map). As denoted on the Wetland Mitigation Map, it appears the area most conducive to wetland creation would be to the northwest of the large wetland complex found on the South Tract. The soil associated with that area is Leon fine sand (Aeric Haplaquods), which is listed as a hydric soil on the National Hydric Soils list. The applicants are proposing to excavate this area to an elevation equal to that of the adjacent wetland. By doing so, they will be taking the necessary steps to allow wetland hydrology to develop by intercepting the existing shallow ground water table. In addition, the rootmat, including hydric soils and seed bank, from the wetland areas that would be filled, would be placed in the excavated area. The presence of soils and vegetation, paired with the reduction in elevation, should produce a viable wetland system in the new location. By introducing these factors, the applicant is making every effort to ensure the three parameters associated with wetlands are met and maintained: hydrology, hydric soil and vegetation. Photographs will be taken upon completion of the created wetland, and one year after. These pictures will be used to determine survival of the desired species and the establishment of hydrology in this area. Preservation Areas (17.69 acres) The second element of proposed mitigation consists of the preservation of 17.69 acres of unaffected wetlands located within the proposed subdivision, Willowick (Figure 13- Wetland Mitigation Map). Recent urban impacts within and adjacent to the preservation sites increase the need for preserving wetland functions in a natural state. New Hanover County is currently under extreme development pressure and the retention of natural areas and aquatic resources is imperative. Studies have been conducted by the University of North Carolina at Wilmington Center for Marine Science Research on tidal creeks in New Hanover County. Whiskey Creek was incorporated in this research beginning in August of 1999. Five sampling points were chosen along Whiskey Creek. Sampling Area "WC-NB" is located "in fresh to oligohaline water along the north branch at Navajo Trail"', which is the sampling station closest to the project site. Studies conducted in 2003-2004 showed that within the WC-NB area, dissolved oxygen levels were found to be below state standards, while nitrate and ammonium concentrations were highest here, and "these levels were among the highest of all the tidal creek stations sampled"2 (Figure 14 - 2003-2004 Annual Report for Whiskey Creek and Accompanying Map). Whiskey Creek is classified by the Division of Water Quality as SA/HQW waters. SA/HQW (high quality saltwater) waters should support aquatic life, primary and secondary recreational activities (i.e. activities that involve frequent or prolonged skin contact with water) and shellfishing. Such activities are not permitted within the waters of Whiskey Creek, due to the fact that the Creek was classified as an "impaired waterbody" in 2004 and has been closed to shellfishing since 1971 (due to fecal coliform level s)3. Wetlands serve as natural filters and provide many benefits, such as: providing habitat; filtration of impurities; water quality improvement; and flood control. Preservation of this land will provide protection for this significant vital resource in the Cape Fear River basin. In order to insure perpetual protection of the mitigation sites, TSV Developers, Inc., in conjunction with Navaho Investments, LLC, is proposing to protect all remaining on-site wetlands through restrictive covenants. The restrictions will be designed to ensure perpetual preservation of the property and will be held by the respective homeowner association. The only activity that will be permissible within the wetland conservation area will be the authorization to remove diseased, dying, dead, invasive, noxious or nuisance species (Figure 15 - Draft Copy of Preservation Language). Habitat Values Due to the high quality of these wetlands, they provide a number of functions pertinent to wildlife, which migrate through the area seasonally or utilize these areas during a life history stage. These wetlands provide a wildlife habitat corridor in an area where development occupies the majority of the surrounding land. Mammalian species which may utilize the wetlands include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes (red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon), Didelphis Virginian (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents such as the Peromyscus sp. (field mouse). Bird species which may utilize the wetlands include: various species of predatory hawks and owls, as well as smaller bird species such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay), Mimus polyglottos (mocking bird), Cantopus vixens (eastern wood pewee), Parus carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It should be noted that this habitat provides excellent migratory and resident song bird habitat and nesting areas. Herpetological species which may utilize the wetlands include: Agkistrodon piscivorus (eastern cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough green snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species likely to be found include: Terrapene carolina (eastern box turtle), Clemmys guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrum (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true frogs) families. Various species of salamanders from the Ambystoma (mole salamanders), Notophthalmus (newts), and Plethodon (wood salamanders) families. Monitoring and Success Criteria To ensure the successful establishment of the restored wetlands, long term monitoring will be required. The hydrologic regime will be monitored, for a five (5) year period, or until the Corps deems the restoration successful. Biannual site visits will be conducted in the spring and fall seasons, and yearly reports will be submitted in the spring. Photographs will be taken on-site, to document the viability of the restored wetland complex. The success criteria of this mitigation site will be based on the 1987 Army Corps of Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets the three wetland parameters outlined in the manual. The site will be deemed successful by meeting the following success criteria for a period of five (5) consecutive years, or until the Corps' deems the restoration successful: Vegetation Vegetation will be introduced into the wetland creation area by transplanting root mat, hydric soil and seed bank from wetland areas to be filled within the project site. Species diversity will be noted during the growing season. Vegetative success will be based on the predominance of FAC+, or wetter, species observed within the wetland creation area. The presence of vegetation and hydric soil, in addition to the reduction in elevation, should produce a dynamic wetland system in the creation area. Hydrology Hydrologic monitoring within the site will consist of determining the position of the water table at various locations in the creation area. A single monitoring well will be installed within each proposed creation area. A total of two (2) wells will be utilized at Willowick. The wells will be installed to a depth of 20 inches and will be sealed with sand and bentonite. These wells will take a daily reading of the water table depth and this data will be processed into graphs and plotted against National Weather Service rainfall data for the area. In order to be considered a viable wetland complex, the plotted data from the monitoring wells must document that the water table is within twelve (12) inches of the surface for at least five percent (5%) of the growing season. According to the New Hanover County Soil Survex, the growing season for New Hanover County occurs between February 27 and November 26. Five percent (5%) of two hundred seventy-one (271) days equals thirteen and a half (13.5) consecutive days'. Should the created wetland meet the aforementioned criteria, in addition to having viable wetland vegetation and hydric soils, the applicants could consider the created wetlands a success. Soils Hydric soils are present at the proposed creation site. It is the applicant's intent to further enhance these soils by excavating to the level of the existing shallow ground water table and introducing the upper soil profiles of the existing wetlands from the proposed impact areas. Establishment of a hydrologic regime and presence of a seed bank from the transplanted soil should help ensure the success at the proposed creation area. Contingency Plan Should the above-referenced creation plan not meet the success standards and specifications set forth by the United States Army Corps of Engineers, the Applicants are proposing to make payment to the North Carolina Ecosystem Enhancement Program in an amount proportionate to compensate for impacts to jurisdictional waters. References 1.) Soil Survey of New Hanover County North Carolina. United States Department of Agriculture, April 1977. 2.) "The New Hanover County Tidal Creeks Program." Michael A. Mallin ETAL, January 2005. http://www. uncwil. edu/crosr/aquaticecology/TidalCreeks/AnnuaiRgports/2003- 2004/Whiskey htm 3.) "The State of Water Quality in Wilmington: One of the Cities Most Valuable Resources. A State Environmental Report." 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T `l1 �•( "v ^yii t ypY�" 4r ��� � � + )� ��r1� Y� �. r'RI�g'� I •' r.�'.� •1 yyn,ri: � Il f -t�' :, �� N.f• I � .:; a r�`q�, 1,� '` al •'d+�1�� Q✓1, �1• I" I ��y ` ' y t tih + v � � a ? fF ',K,,t,yy , . � Y'� •" � � "•` , � Bn � / � •' • XK { `v � • •, . f i r tl I` 7`� rrh+' N..y� d' •�t� t eP� r 1i� y"'.';! r a llyr �w�� r ,v � 3f � �I: r�g?° _r", s-rir l°i•,1;. Q' ,' ; l . .E 'i'r �L' ` A►i ,� '� f � � !"!�►y �y N ti I � •i...� �,. .at,, , yf� �X. t r • �- i kr /, L {', �r4 !M1. l��i�. .��'L.Y: '.�» ,. .. .:�'L `fd?{,: y�'°b.a/,.�.e+��1,..�.�b1t'il`:"��z�-; fir.. �3i'.�a�,S. J�✓!!�` � �.�:i ��r (.�f�.*,?�_iJ 1.Y.''i: _.'R7•a.'.r./11 r agc i vi G F,,) . t 12.0 Whiskey Creek Sampling of Whiskey Creek began in August 1999. Five stations were chosen; WC-M (at the marina near the creek mouth), WC-AB (off a private dock upstream), WC-MLR (from the bridge at Masonboro Loop Road), WC-SB (in fresh to oligohaline water along the south branch at Hedgerow Lane), and WC-NB (in fresh to oligohaline water along the north branch at Navajo Trail - Fig_ 12.1). Dissolved oxygen concentrations were below the State standard on two of 12 occasions at WC-MLR and WC-NB in 2003-2004 (Table 12.1). Turbidity was within state standards for tidal waters on all sampling occasions except for November 2003 at WC-SB (Table 12.1; Appendix B). There were no algal blooms during this period; chlorophyll a concentrations were usually low (Table 12.1). Nitrate concentrations were highest upstream at WC-NB, followed by WC-SB (Table 12.2), similar to previous years. Ammonium levels were highest at WC-NB and WC-SB, and these levels were among the highest of all the tidal creek stations sampled. Phosphate concentrations were highest in the middle of the creek at WC- MLR and WC-AB. Phosphate, ammonium and nitrate at WC-MB were highest among all creek mouth stations in the tidal creek system. Fecal coliform bacteria were not sampled in 2003- 2004. Whiskey Creek is presently closed to shellfishing by the N.C. Division of Marine Fisheries. Table 12.1. Water quality summary statistics for Whiskey Creek, August 2003-July 2004, as mean (st. dev.) / range Salinity Dissolved oxygen Turbidity Chlor a (ppt) (mg/L) (NTU) (µg/L) WC-MB 29.7 (3.5) 7.8 (2.0) 5(3) 2.0 (1.2) 20.6-35.0 5.3-11.0 1-13 0.6-4.8 WC-AB 27.3 (4.1) 7.9 (2.2) 7(5) 1.6 (1.1) 17.1-33.1 5.4-11.1 1-18 0.5-3.9 WC-MLR 24.1 (5.8) 7.7 (2.4) 9(7) 2.3 (2.2) 12.5-32.6 4.4-11.4 1-24 0.5-6.5 WC-SB 0.1 (0.0) 7.7 (1.2) 14(29) 0.4 (0.2) 0.0-0.2 6.4-10.1 3-104 0.1-0.9 WC-NB 0.2 (0.0) 6.8 (2.1) 6(3) 0.3 (0.2) 0.1-0.2 3.6-10.2 3-12 0.1-0.8 Table 12.2. Nutrient concentration summary statistics for Whiskey Creek, August 2003- July 2004, as mean (st. dev.) / range, N/P ratio as mean / median. Nitrate (mg/L) WC-MB 0.025 (0.023) Ammonium (mg/L) 0.028 (0.022) Phosphate (mg/L) 0.011 (0.005) Molar N/P ratio 10.3 http://www.uncwil.edu/crosr/aquaticecology/TidalCreeks/Annua]Reports/2003-2004/Whis... 7/18/2006 raga /. of 0.006-0.086 0.008-0.082 0.007-0.022 9.9 WC-AB 0.034 (0.030) NA 0.015 (0.007) NA 0.004-0.100 0.007-0.028 WC-MLR 0.036 (0.028) 0.043 (0.035) 0.014 (0.008) 18.1 0.004-0.095 0.008-0.113 0.002-0.030 9.3 WC-SB 0.063 (0.037) 0.101 (0.020) 0.003 (0.001) 149.7 0.023-0.165 0.070-0.132 0.002-0.005 153.3 WC-NB 0.196 (0.062) 0.113 (0.071) 0.007 (0.004) 114.3 0.081-0.284 0.060-0.317 0.003-0.016 101.3 http://www.uncwil.edu/crosr/aquaticecology/Tidal Creeks/AnnualReports/2003-2004/Whis... 7/18/2006 a u8v a va a Now Hanover County and the City of Wilmington UNCW Water Quality Monitoring Stations http://www. 7/1'. Yage 1 of 1 New Hanover County and the City of Wilmington UNCW Water Quality Monitoring Stations http://www.uncwil.edu/crosr/aquaticecology/TidalCreeks/Map.htm 7/19/2606 STATE OF NORTH CAROLINA DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER FOR WILLOWICK This Declaration, Made the day of 2006, by hereinafter referred to as "Declarant" or "Developer" for the purposes hereinafter stated; WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as WILLOWICK, which is shown on a plat (the "Plat") recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book Page , to which reference is made for a more particular description (the "Property"). NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the AAct@), as well as the following easements, restrictions, covenants, and conditions. ARTICLE I. DEFINITIONS In addition to other terms defined herein, the following capitalized terms shall have the following meanings as used herein: SECTION 1. Additional Propert y shall mean and refer to any lands, in addition to the above described Property, annexed to and made a part of the Planned Community, whether such lands are now owned or hereafter acquired by Declarant or others, and whether developed by Declarant or others. SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in the Association allocated to each Lot. SECTION 3. Association shall mean and refer to Willowick Homeowners' Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4. Common Elements shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned or enjoyed by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, including, without limitation, any private roads and storm water retention ponds within the Planned Community. Common Elements shall also include any areas designated on any plats for the Planned Community as "Open Space", "Common Area", "Common Element", "Recreation Area", "Amenity Area", "conservation area(s)", or other similar designation. SECTION 5. Common Expenses means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. SECTION 6. Common Expense Liability means the liability for Common Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise. SECTION 7. Declarant shall be used interchangeably with Developer (which designations shall include singular, plural, masculine and neuter as required by the context) and shall mean and refer to its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant or a Lot not previously disposed of for the purpose of development and reserves or succeeds to any Special Declarant Right. SECTION 8. Declarant Control Period shall have the meaning set forth in Article III hereof. SECTION 9. Declaration shall mean this instrument as it may be from time to time amended or supplemented. SECTION 10. Executive Board or Board shall be used interchangeably with the Board of Directors and means the body, regardless of name, designated in this Declaration or otherwise to act on behalf of the Association. SECTION 11. Limited Common Elements shall mean areas and facilities within any Lot which are for the exclusive use of the Lot Owner but which the Association is obligated to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall consist of (if none, so state). SECTION 12. Lots shall mean and refer to any portion of the Planned Community designated for separate ownership by a Lot Owner. SECTION 13. Lot Owner or Owner shall mean the Declarant or other Person who owns a fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 14. Master Association means a master association as defined in the Act. SECTION 15. Person means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, or agency or other legal or commercial entity. SECTION 16. Planned Community shall mean and refer to the Property plus any Additional Property made a part of the Planned Community by the exercise of any Special Declarant Right. SECTION 17. Purchaser means any Person, other than the Declarant or a Person in the business of selling real estate for the purchaser=s own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for an obligation. SECTION 18. Reasonable Attorneys= Fees means attorneys= fees reasonably incurred without regard to any limitations on attorneys= fees which otherwise may be allowed by law. SECTION 19. Special Declarant Rights means rights reserved for the benefit of the Declarant including without limitation the right (i) to complete improvements intended or planned by Developer for the Property or Additional Property; (ii) to exercise any development or other right reserved to the Declarant by this Declaration or otherwise; (iii) to maintain within the Planned Community sales offices, management offices, construction offices/trailers, signs advertising the Planned Community, and models; (iv) to use the Common Elements for the purpose of making improvements within the Planned Community; (v) to make the Planned Community part of a larger planned community or group of planned communities; (vi) to make the Planned Community subject to a Master Association; (vii) to appoint or remove any officer or Executive Board member of the Association or any Master Association during the Declarant Control Period or (viii) to permit other land to be annexed to and made part of the Planned Community in accordance with the terms of this Declaration. SECTION 20. Stormwater Permit shall mean State Stormwater Permit # issued by the North Carolina Division of Water Quality (DWQ), Department of Environment and Natural Resources (DENR). ARTICLE H. PROPERTY RIGHTS AND EASEMENTS SECTION 1. Owners' Property Rights and Easement of Enjoyment. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association may make and amend reasonable rules and regulations governing use of the Common Elements by the Owners; (b) The Association may grant a security interest in or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by at least eighty percent (80%) of the Members, excluding the Developer; provided, however, that the Association may without the consent of the Owners grant easements, leases, licenses and concessions through or over the Common Elements. No conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of access or support. SECTION 2. Easements in Favor of Declarant and the Association. The following easements are reserved to Declarant and the Association, their agents, contractors, employees, successors and assigns: (a) easements as necessary in the lands constituting the Common Elements and the rear, front and side ten feet of each Lot for the installation and maintenance of utilities and drainage facilities (including the right to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of the county where the Planned Community is located; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance; and the right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the Owner of such Lot). No structures or plantings or other material shall be placed or permitted to remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion. These easement areas (whether or not shown on the recorded plats for the Planned Community) but not the improvements within such areas shall be maintained by the respective Owner except those for which a public authority or utility company is responsible. (b) easements over all private streets, if any, access easements, and Common Elements within the Planned Community as necessary to provide access, ingress and egress, to and the installation of utilities for any Additional Property. (c) an easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Elements located thereon, if any, at all reasonable times to perform any maintenance and repair to the Limited Common Elements required by this Declaration. SECTION 3. Other Easements. The following additional easements are granted by Declarant: (a) an easement to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Elements in the performance of their duties. (b) in case of any emergency originating in or threatening any Lot or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person authorized by it, shall have the immediate right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners. (c) the Association is granted an easement over each Lot for the purposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4. Nature of Easements. All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in the Planned Community, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III. HOMEOWNERS' ASSOCIATION SECTION 1. Formation of Association. The Association shall be incorporated no later than the date the first Lot in the Planned Community is conveyed. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and any Limited Common Elements in accordance with this Declaration, its Charter and Bylaws The Association shall be empowered to perform and/or exercise those powers set forth in the Act as it may be amended from time to time, in addition to any powers and authority otherwise granted to it. SECTION 2. Membership. Every Lot Owner shall be a Member of the Associa- tion. Membership shall be appurtenant to and may not be separated from Lot ownership. SECTION 3. Voting Rights. 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 case with respect to any Lot. Fractional voting with respect to any Lot is prohibited. Class B. The Declarant shall be a Class B Member 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 any of the following events, whichever occurs earlier: (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership; or (b) on ; or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. The period during which there is Class B Membership is sometimes referred to herein as the "Declarant Control Period". During the Declarant Control Period, the Declarant shall have the right to designate and select the Executive Board of the Association and the right to remove any person or persons designated and selected by the Declarant to serve on the Executive Board, and to replace them for the remainder of the term of any person designated and selected by the Declarant to serve on the Executive Board who may resign, die, or be removed by the Declarant. SECTION 4. Government Permits. After completion of construction of any facilities required to be constructed by Declarant pursuant to permits, agreements and easements for the Planned Community, all duties, obligations, rights and privileges of the Declarant under any water, sewer, stormwater and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, shall be the duties, rights, obligations, privileges and the responsibility of the Association, notwithstanding that such agreements, easements or permits have not been assigned or the responsibilities thereunder specifically assumed by the Association. There are additional provisions made in this Declaration concerning stormwater facilities and the Stormwater Permit. SECTION 5. Common Elements. The Association shall at its sole cost and expense be responsible for the operation and maintenance of each Common Element within the Planned Community form the date of completion of its construction or improvement by the Developer, whether or not (i) such Common Element has actually been deeded to the Association, or (ii) any permit issued by a governmental agency to Declarant for the construction and operation of the Common Element has been transferred from the Declarant to the Association or assumed by the Association. If the Declarant is required by any government agency to provide any operation or maintenance activities to a Common Element for which the Association is liable to perform such operation and maintenance pursuant to this section, then the Association agrees to reimburse the Declarant the cost of such operation and maintenance within 30 days after Declarant renders a bill to the Association therefor. The Association agrees to levy a Special Assessment within 30 days of receipt of such bill to cover the amount thereof if it does not have other sufficient funds available. Declarant shall be entitled to specific performance to require the Association to levy and collect such Special Assessment. SECTION 6. Insurance. The Executive Board on behalf of the Association, as a Common Expense, may at all times keep the Common Elements and other assets of the Association, if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. At a minimum, the Executive Board shall maintain the insurance coverages required by the Act. SECTION 7. Architectural Control Committee. The Executive Board shall perform all duties of the Architectural Control Committee if no such committee is appointed by it, subject, however, to the Special Declarant Rights. Any Architectural Control Committee appointed by the Executive Board shall consist of at least 3 members. ARTICLE IV. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot Owner covenants and agrees to pay to the Association the following assessments (collectively the "Assessments"): A. Annual Assessments; B. Special Assessments; C. Insurance Assessments; D. Ad Valorem Tax Assessments; and E. Working Capital Assessments. The 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 respective Lot against which the Assessments are 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 Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Planned Community and for the maintenance, repair, improvement and replacement of the Common Elements and any Limited Common Elements. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Operations, maintenance and improvement of the Common Elements, and any Limited Common Elements, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmental charges; establishing working capital; paying dues and assessments to any organization or Master Association or other association of which the Association is a member; and in addition, doing any other things necessary or desirable as determined by the Executive Board to keep the Common Elements and Limited Common Elements in good operating order and repair. SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year of the Association. Within 30 days after adoption of the proposed budget for the Planned Community, the Executive Board shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification, including a statement that the budget may be ratified without a quorum. The budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board. The Annual Assessment for each Lot shall be established based on the annual budget thus adopted; provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The date in each Fiscal Year upon which the Annual Assessment shall become due and payable shall be established by the Executive Board. The Executive Board shall have the authority to require the Assessments to be paid in periodic installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. SECTION 4. Special Assessments. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the following purposes: A. To defray, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements and any Limited Common Elements, including fixtures and personal property related thereto, provided that any such Special Assessment shall have the assent of two-thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of any meeting of Owners called for the purpose of approving such Special Assessment shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. B. Without a vote of the Members, to provide funds to reimburse the Declarant as provided for in Article III, Section 5, hereof. SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by the Executive Board or its designee and any deductibles payable by the Association upon loss shall be a Common Expense, and the Association may at any time levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment. SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may at any time of year levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay ad valorem taxes not included as a component of the Annual Assessment. SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed to an Owner by Declarant, the Owner shall pay the sum of $ to the Association as working capital to be used for operating and capital expenses of the Association. Such amounts paid for working capital are not to be considered as advance payment of the Annual or any other Assessments. SECTION 8. Rate of Assessment. The Association may differentiate in the amount of Assessments charged when a reasonable basis for distinction exists, such as between vacant Lots of record and Lots of record with completed dwellings for which certificates of occupancy have been issued by the appropriate governmental authority, or when any other substantial difference as a ground of distinction exists between Lots. However, Assessments must be fixed at a uniform rate for all Lots similarly situated. SECTION 9. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. The Association may also establish and collect late fees for delinquent installments. SECTION 11. Lien for Assessments. The Association may file a lien against a Lot when any Assessment levied against said Lot remains unpaid for a period of 30 days or longer. (a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record in the office of the Clerk of Superior Court of the county in which the Lot is located. The Association may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines, interest, and other charges imposed pursuant to Sections 47F-3-102, 47F-3-107, 47F-3-107.1 and 4717-3-115 of the Act are enforceable as Assessments. (b) The lien under this section shall be prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. (c) The lien for unpaid assessments is extinguished unless proceedings to enforce the tax lien are instituted within three years after the docketing of the claim of lien in the office of the Clerk of Superior Court. (d) Any judgment, decree, or order in any action brought under this section shall include costs and reasonable attorneys' fees for the prevailing party. (e) Where the holder of a first mortgage or deed of trust of record, or other purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common Expenses collectible from all of the Lot Owners including such purchaser, its heirs, successors and assigns. (f) A claim of lien shall set forth the name and address of the Association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. ARTICLE V RIGHTS OF DEVELOPER The Declarant shall have, and there is hereby reserved to the Declarant, the Special Declarant Rights as herein defined and the following rights, powers and privileges which shall be in addition to the Special Declarant Rights and any other rights, powers and privileges reserved to the Declarant herein: SECTION 1. The Architectural Control Committee/Executive Board. All duties and responsibilities conferred upon the Architectural Control 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 within the Property or any Additional Property. The Declarant shall be entitled during the Declarant Control Period to appoint and remove the officers and members of the Executive Board. SECTION 2. Plan of Planned Community. The right to change, alter or re- designate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Planned Community including, but not limited to, the right to change, alter or re-designate road, utility and drainage facilities and easements and to change, alter or re-designate such other present and proposed amenities, Common Elements, or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re-plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots; to further subdivide tracts or Lots shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from such recombination shall be treated as one Lot for purposes of Assessments); to eliminate from this Declaration or any plats of the Planned Community Lots that are not otherwise buildable or are needed or desired by Declarant for access or are needed or desired by Declarant for use as public or private roads or access areas, whether serving the Planned Community or other property owned by the Declarant or others, or which are needed for the installation of utilities, Common Elements or amenities, and to take such steps as are reasonably necessary to make such re-platted Lots or tracts suitable and fit as a building site, access area, roadway or Common Elements. The Declarant need not develop, or develop in any particular manner, any lands now owned or hereafter acquired by the Declarant, including any lands shown on plats of the Planned Community as "Future Development". Any such lands shall not be subject to this Declaration unless Declarant expressly subjects them hereto by filing of a supplemental declaration in the Register of Deeds office of the county where the Planned Community is located. Declarant is required by DWQ to state herein the maximum allowed built-upon area for all lots which Declarant has planned to develop within the Planned Community. By listing the maximum built-upon area herein for all such lots, Declarant does not obligate itself to develop in any particular manner or for any particular uses any lands now owned or hereinafter acquired by Declarant which are not shown on the recorded plats referenced herein. SECTION 3. Amendment of Declaration by the Declarant. This Declaration may be amended without Member approval by the Declarant, or the Board of the Association, as the case may be, as follows: A. In any respect, prior to the sale of the first Lot. B. To the extent this Declaration applies to Additional Property. C. To correct any obvious error or inconsistency in drafting, typing or reproduction. D. To qualify the Association or the Property and Additional Property, or any portion thereof, for tax-exempt status. E. To incorporate or reflect any platting change as permitted by this Article or otherwise permitted herein. F governmental Property or To conform this Declaration to the requirements of any law or agency having legal jurisdiction over the Property or any Additional to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or improvement loans made, insured guaranteed by a governmental agency or to comply with the requirements of law or or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Department of Veterans Affairs, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. The Declarant may at any time amend this Declaration to change the maximum allowable built-upon area as permitted by DENR. Notwithstanding anything else herein to the contrary, only the Declarant, during the Declarant Control Period, shall be entitled to amend this Declaration pursuant to this Section. SECTION 4. Annexation of Additional Property. Declarant may annex to and make a part of the Planned Community any other real property, whether now owned or hereafter acquired by Declarant or others, and whether developed by the Declarant or others (the "Additional Property"). Annexation of Additional Property to the Planned Community shall require the assent of 67 percent of the Class A Members who are voting in person or by proxy at a meeting called for this purpose; provided, however, Additional Property may be annexed to the Planned Community without the assent of the Members so long as the Additional Property is used for residential purposes, roads, utilities, drainage facilities, amenities, and other facilities not inconsistent with residential developments ARTICLE VI. USE RESTRICTIONS. ARCHITECTURAL CONTROL AND MAINTENANCE SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors 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 Architectural Control Committee. If the Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and full compliance with this Article will be deemed to have occurred . Refusal or 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 Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Architectural Control Committee for its records. The Architectural Control Committee shall not be responsible for any structural or other defects in plans and specifications submitted to it or in any structure erected according to such plans and specifications. SECTION 2. Minimum Standards for Site Improvements. A. Each dwelling shall have a minimum of square feet of enclosed, heated dwelling area; provided, however, the Architectural Control Committee may permit a dwelling to have a minimum of * square feet if the Committee in its sole discretion finds that the variance will not adversely impact property values within the Planned Community. The term "enclosed, heated dwelling area" shall mean the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open/screened porches, and like areas. 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 considerations, no specific setback lines shall be established by this Declaration. 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 Architectural Control Committee; provided, however, that no structure shall be constructed closer to a Lot line than is permitted by applicable governmental regulations. C. The exterior of all dwellings and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency, natural calamities, or the complexity of design and construction. D. All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Architectural Control 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 and newspaper boxes shall be uniform in design. Design of mail and newspaper boxes shall be furnished by the Architectural Control Committee. Fences shall be permitted on any Lot; provided, however, that the design, placement, and materials of any fence are approved by the Architectural Control Committee. Clotheslines are not permitted on any Lot. E. 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 turf stone, or any other material approved by the Architectural Control Committee. F. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be clear, white or non-frost lights or bulbs. SECTION 3. Use Restrictions. A. Land Use And Building Type. No Lot shall be used for any purpose except for residential purposes, subject, however, to the rights of the Declarant contained herein. All numbered Lots are restricted for construction of one single family dwelling (plus, a detached garage, if there is not one attached to the residence, and such other accessory buildings as may be approved by the Architectural Control Committee). B. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may 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 as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole or the specific area. C. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Architectural Control Committee. D. Vehicles/Boats. No boat, motor boat, personal water craft, camper, trailer, motor or mobile homes, tractor/trailer, construction equipment or similar type vehicle/equipment, shall be permitted to remain on any Lot or on any street at any time, without the written consent of the Association. No inoperable vehicle or vehicle without current registration and insurance will be permitted on any Lot, street or Common Element. All lawn maintenance equipment shall be stored, when not in use, in a method so as not to be visible from the street. The Association shall have the right to have all such vehicles boats or equipment towed away at the owner's expense. No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas and not visible from the street. E. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that domesticated dogs, domesticated 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, are at all times kept properly leashed or under the control of their owner and do not become a nuisance. F. Statuary, TV Satellite Dishes and Outside Antennas. No yard statuary or TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Architectural Control Committee; provided, however, satellite dishes not over 18" in diameter which cannot be seen from the street are permitted. G. Construction in Common Elements. No Person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Association. H. Signs. No signs (including "for sale" or "for rent" signs) shall be permitted on any Lot or in the Common Elements without permission of the Executive Board; provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale signs on Declarant's Lots and maintain signs on the Common Elements advertising the Plannned Community. 1. Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the Declarant Control Period and thereafter by the Executive Board. SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat and in good condition and repair. All shrubs, trees, grass and plantings shall be kept neatly trimmed and properly cultivated. In the event that any maintenance activities are necessitated to any Common or Limited Common Element by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may be added to and become a part of the Annual Assessment levied against said Owner's Lot. Section 5. The areas shown as 18.04 acres of jurisdictional wetlands less and expecting a 0.35 acre portion used for wetland crossing on that plat prepared by Coastal Site Design dated of Willowick, and recorded in Map Book at Page of the New Hanover County Register of Deeds shall be maintained in perpetuity in their natural condition. No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove any vegetation except for removal of dead, dying or diseased vegetation or trees and noxious or poisonous vegetation as permitted under Section 6 of this Article; nor construct any structures, nor allow animal grazing or watering or any other agricultural use on such wetlands. This covenant is intended to ensure continued compliance with the authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID 200400550 & 200600561 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 5 of Article VI will require written consent of the U.S. Army Corps of Engineers. Section 6. The wetland map referred to in Section 5 of this Article designates the Wetland Preservation Area. Notwithstanding the provisions of Section 5 of this Article, pile supported structures on the Wetland Preservation Area will be permitted at areas as designated on the wetland map referred to above. In addition, notwithstanding Section 5 of this Article with respect to the areas in the Wetland Preservation Area, the following activities will be permitted 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 not requiring permits pursuant to 33 CFT 323.3. SECTION 7.Open Space. The land shown on the above referenced south of Lot 76 and marked "Open Space" is restricted for use as open space and no structures or other improvements, other than landscaping and irrigation, shall be placed or maintained upon such space. ARTICLE VII STORMWATER PERM IT/FACILITES SECTION 1. Stormwater Permit. The Association and each of its Members agree that at anytime after (i) all work required under the Stormwater Permit has been completed (other than operation and maintenance activities), and (ii) the Developer is not prohibited under DENR regulations from transferring the Stormwater Permit for the Planned Community to the Association, the Association's officers without any vote or approval of Lot Owners, and within 10 days after being requested to do so, will sign all documents required by DENR for the Stormwater Permit to be transferred to the Association and will accept a deed conveying such facilities to the Association (if not already deeded); provided, however, that at the time the Developer requests that the Association accept transfer of the Stormwater Permit, the Developer has delivered to the Association a certificate from an engineer licensed in the State of North Carolina, dated no more than 45 days before the date of the request, that all stormwater retention ponds, swales and related facilities are constructed in accordance with the plans and specifications therefore. If the Association fails to sign the documents required by this paragraph or to accept a deed conveying such facilities, the Developer shall be entitled to specific performance in the courts of North Carolina requiring that the appropriate Association officers sign all documents necessary for the Stormwater Permit to be transferred to the Association and accept a deed conveying such facilities to the Association. Failure of the officers to sign as provided herein shall not relieve the Association of its obligations to operate and maintain the stormwater facilities covered by the Stormwater Permit. SECTION 2. Stormwater Facilities Operation and Maintenance. Any stormwater retention ponds and related facilities for the Planned Community which have or are to be constructed by or on behalf of Declarant constitute Common Elements and, subject only to the provisions of Section 3 of this Article VII, the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities. Such operation and maintenance shall include, but not be limited to, compliance with all of the terms and obtaining any renewals of the Stormwater Permit. Except as provided in Section 3 of this Article VII, the Association shall indemnify and hold harmless the Developer form any obligations and costs under the Stormwater Permit for operation and maintenance of the stormwater retention ponds and related facilities. SECTION 3. Damage to Storm Water Facilities. The Declarant shall at its sole cost and expense be responsible for repairing any damage to storm water facilities caused by the Developer=s development activities. The Developer shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of residences or other activities by Owners, their agents and contractors, upon their Lots, acts of God, and the negligence of others. Lot Owners shall be responsible for damages to such stormwater facilities caused by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall within 30 days after receipt of notice of damage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by the storm water plans and specifications for the Planned Community. If the Lot Owner fails to do so within said 30-day period, the Association shall perform the work and the cost of the work shall be added to the Annual Assessment due from the Lot Owner. SECTION 4. Enforcement Of Storm Water Runoff Regulations. The Property is subject to certain restrictive covenants imposed by the North Carolina Department of Environment and Natural Resources, Division of Water Quality, which are set forth in Exhibit A. attached hereto and incorporated herein by reference. The attached restrictive covenants, among other things, limits the built upon area permitted on each Lot. ARTICLE VIII LOTS SUBJECT TO DECLARATION/ENFORCEMENT SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in this Declaration are for the purpose of protecting the value and desirability of the Planned Community and the Lots. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, their heirs, successors and assigns, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless terminated by the Lot Owners. SECTION 2. Enforcement and Remedies. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles of Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise provided for herein concerning the collection of Assessments, the following remedies shall be available: A. Association to Remedy Violation. In the event an Owner (or other occupant of a Lot) is in violation of or fails to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive Board, after 30-days notice, may enter upon the Lot and remedy the violation or perform the required maintenance or other activities, all at the expense of the Owner. The full amount of the cost of remedying the violation or performing such maintenance or other activities shall be chargeable to the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall be due and payable within 30 days after Owner is billed. If not paid within said 30 day period, the amount thereof may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. In the event that any maintenance activities are necessitated to any Common or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. B. Fines. The Association may in accordance with the procedures set forth in the Act establish a schedule of and collect fines for the violation of this Declaration or of the Association=s Articles of Incorporation, Bylaws or Rules and Regulations. If an Owner does not pay the fine when due, the fine shall immediately become a part of and be added to the Annual Assessment against the Owner's Lot and may be enforced by the Association as all other Assessments provided for herein. C. Suspension of Services and Privileges. The Association may, in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of access to Lots) for any period during which any Assessments against the Owner's lot remain unpaid for at least 30 days or for any period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or Rules and Regulations. SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are in addition to any other remedies provided by law. ARTICLE IX. GENERAL PROVISIONS SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Planned Community or the property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in the payment of Assessments or charges owed by any Owner of any property which is security for the loan, (f) receive written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the content of a specified percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. SECTION 3. Utility Service. Declarant reserves the right to subject the Property to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, impact fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Lots. In the alternative, the Developer may collect such connection, impact and other fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the companies/governmental units servicing the Planned Community. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Architectural Control Committee. SECTION 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 5. Amendment of Declaration. Except in cases of amendments that may be executed by the Declarant under this Declaration or by certain Lot Owners under Section 47F-2-118(b) of the Act, this Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the Declarant if necessary for the exercise of any Special Declarant Right or development or other right reserved to the Declarant herein. SECTION 6. FHA/VA Approval. So long as there is Class B membership, annexation of Additional Properties, dedication of Common Elements and amendments to this Declaration must be approved by the Federal Housing Administration and/or the Department of Veterans Affairs, as the case may be, if either of those agencies has approved the making, insuring or guaranteeing of mortgage loans within the Planned Community. SECTION 7. North Carolina Planned Community Act. It is the intent of the Declarant to comply with the requirements imposed on the Planned Community by the Act and to the extent any of the terms of this Declaration violate the Act, the terms of the Act shall control. IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed in its corporate name by its president pursuant to authority of Declarant's Board of Directors as of the day and year first above written. By: STATE OF _ COUNTY OF , a Notary Public, certify that personally came before me this day and acknowledged that he/she is the President of , a corporation, and that he/she, as President, being authorized to do so, executed the foregoing on behalf of said corporation. Witness my hand and seal, this the day of , 20 My commission expires: Notary Public (SEAL) p1cs of 9 x k? ?.s v^ iFI-ill" fv "'o 0 ,?'S C'e h rti ?::. s Xa+' i 0 A +??N- 1 .r? 51 .•''? 5 ? t_. ?+?r '` ????. ? r ??? ??'.??y ?`? ? ?'r?-; ?t r ? ?' ? 3' ?/;K, ?? ?• C9.r(? h it}` '" ? ? rte. + ?'??•. ) . . i ?? ? s?.. } J/r. t ? ?; d ?• ? ? ??f t ?'? ,x??S ?? g-'J.`.t?' ? i? ?, f ?', ? ?c{ w,r tr t w T - find?{{..,` r 5 v` 1 r{c?l? +# '•n ? .s ?R :..y{,?_'' -'?? rte ??'?' «rfi'".,,? l? i ? i ckz } rf ?:= t> k fit. l a` 1 �. . Vw 4 All i s r / ;. ! F i�.. • j •- 't�i � 'P k tF '.r :3 y' ';i i,'y.��"� fM'd.. �.{ �+.. ��1 �. - �rF .. �\ 1 -..�` ��t,�:'P� orb,. �, ',i. 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'L"`; � a ; '� Ftx 4v. t u, �ijr y y �' s-✓ \ r, � yf '. �.: � '''" e( y.: /'1i}�. .ti - �rt _:�• � ,,�'.'t" fir-`::?`A�V 4 � L"e,,, ?7'3. 1 5outkern E-nvironmental Group) Inc. 55 15 College Road 5uite E ° Wilmington, North Carolina 28412 910.452.271 I , Fax: 910452.2899 ' officc@scgi.us www.sr-gi.us Wetland Determination Information Package Date: 12/20/2005 Project Name: Venters Property SEGi Project #: 05-108.01 Owner: Jane Venters Applicant Terry Turner P.O. Box 904 (If different Wilmington, NC 28402 from Owner): Project Site: 1300 Navaho Trail, New Hanover County, NC Parcel ID: R07200-007-027-000 Project Size: Acres 0 Square Feet Subdivision Name: N/A Block and Lot #: N/A l Directions to Site: 1 40 east into Wilmington. 1 40 merges into 132 S. (S. College Rd.). S. College Rd. Past UNC Wilmington. Left onto Holly Ridge Rd. Right at light onto Pine Grove Rd. Right onto Masonboro Loop Rd. Right onto Navaho Trail. Site is first wooded lot on right side of road. Nearest Water Body: Whiskey Creek / tributary to the Intracoastal Waterway Watershed: Cape Fear Let / Long 34.16680N / 77.8687°W USGS Quad Name: Wrightsville Beach Wetland Acreage: Jurisdictional N/A Attached: Letter of Agency Vicinity Map (3 scales) Tax Map and Parcel Information Topographic Map Topographic Map on Infrared aerial Field Sketch Soils Map Data Sheets Isolated N/A S,FP t'VE.l f)?.nff?r (t? n!?nN?N 20061522 T*n. z Office Use Only: Form Version May 2002 2 USACE Action ID No. DWQ No. 2 0 0 6 1 5 2 (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: Li © Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ X? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 q 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. Co-Owner/Co-Applicant Information Name: TSV Developers, Inc. Mailing Address: 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Telephone Number: 910.256.1045 Co-Owner/Co-Applicant Information Name: Navaho Investments, LLC Mailing Address: 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Telephone Number: 910.610.1009 Fax Number: Not Applicable E-mail Address:_ Not Applicable 1 Page 1 of 10 S EP 2006 DENR. T???i T1a ^T!?? 4 Q L INCH 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(Zsegi.us III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Willowick 2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable 3. Property Identification Number (Tax PIN): R07200-007-030-000 & R07200-007-031-000 4. Location County: New Hanover (Coupt65) Nearest Town: Wilmington Subdivision name (include phase/lot number): Willowick Directions to site (include road numbers, landmarks, etc.): Take South College Road toward Monkey Junction. Take a left onto Holly Ridge Road. Turn right at the light onto Pine Grove Road. Take another right onto Masonboro Loop Road. Turn right onto Navaho Tail Site is wooded parcel (on both sides of Navaho Trail) found just before Verdura Drive. 5. Site coordinates, if available (UTM or Lat/Long): Approx. 34.16681N / 77.8687°W (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.) 6. Property size (acres): 79.07 acres (3,444,289.2 square feet) Page 2 of 10 7. Nearest body of water (stream/river/sound/ocean/lake): Whiskey Creek River Basin: Cape Fear (Whiskey Creek feeds into AICWW) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property has two areas of reference, the North Tract and the South Tract. The North Tract is a 39.08 acre parcel, found on the north side of Navaho Trail, and is heavily wooded and vegetated. The North Tract is surrounded by residential subdivisions on all sides, except to the south. The South Tract is located south of Navaho Trail, and is comprised of 39.99 acres. The South Tract is partially wooded and vegetated, but has scattered areas of clearing throughout, due to previous timber harvesting. The southern property boundary of the South Tract is Whiskey Creek. The general land use in the vicinity of this project site is residential. 10. Describe the overall project in detail, including the type of equipment to be used: Applicant wishes to develop a 176 lot residential subdivision located off Navaho Trail in New Hanover County. Proposed development plans will conform to low density residential zoning designation for the parcel in question and will be consistent with the New Hanover County Unified Development Ordinance. Utility corridors, sewer areas, fire hydrants, sidewalks and roadways will be put into service to meet the needs of future residents. Heavy equipment will be used in this project, such as back hoes and bulldozers. The machinery will be used to clear the land, stabilize the soil and establish grade. 11. Explain the purpose of the proposed work: To develop a low-density, 176 lot residential subdivision in the Monkey Junction area of New Hanover County. 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. Page 3 of 10 USACE Action ID # 200400550 (Notification of Jurisdictional Determination) - North Tract USACE Action ID # 200600561 (Notification of Jurisdictional Determination) - South Tract 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. Coastal Site Design will be applying for Stormwater and Sediment and Erosion permits No additional wetland or stream fills are anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Im pact Area A: Fill is necessary to complete roadway. The area created by th filling of the wetland complex will be utilized as open space for the subdivision (see attached restrictive covenants). Imp act Area B: Fill is necessary to complete roadway. Imp act Area C: Fill is necessary to complete roadway. Imp act Area D: Fill is requested to complete roadway and area is to be used for stormwater pur poses (5:1 grassed swales to convey stormwater) Imp act Area E: Fill is requested to complete roadway. Imp act Area F: Fill is necessary to complete roadway. Imp act Area G: Fill is necessary for completion of roadway Page 4 of 10 2. Individually list wetland impacts below: Wetland Impact Site Number iCindicate on maps Type of Impact* Area of Impact acres Located within 100-year Floodplain** dyes/nod A Fill 0.06 No B Fill 0.10 No C Fill 0.05 No D Fill 0.03 No E Fill 0.01 No F Fill 0.08 No G Fill 0.02 No Distance to Nearest Stream (linear feet N/A N/A -- N/A N/A N/A N/A --- Type of Wetland*** Pine Flat Pine Flat rtne riat Pine Flat Pine Flat Swamp Forest N/A I Forested Tributary * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 18.04 acres (785.695 square feet) Total area of wetland impact proposed: 0.35 acre (15.246 square feet) (in 3. Individually list all intermittent and perennial stream impacts below: 72 L.F. tream Impact Leng th of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? dicate on map) linear feet Before Impact (please specify) 1 Culvert 72 _ UT Whiskey Creek 3.7' S Perennial * 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 72 L.F.. 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 Page 5 of 10 Open Water Impact Area of Site Number Type of Impact* Impact (indicate on mom) (acres) List each impact separately and identify temporaryimpacts. flooding, drainage, bulkheads, etc. 5. Pond Creation Yes Name of Waterbody Type of Waterbody (if applicable) (lake, pond, estuary, sound, bay, ocean, etc. Impacts include, but are not limited to: fill, excavation, dredging, 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): rX_1 uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater purposes & discharge water into wetlands. Size of watershed draining to pond: Not Applicable Expected pond surface area: Not Applicable 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. Discharge of fill material is necessary to complete proposed project While bridging for road crossings would result in no impacts, the cost of bridging is prohibitive for this project, therefore it is not a practicable alternative. The applicants have gone through several designs while developing this proiect. The original layout of the project has been revised in order to minimize and avoid unnecessary impacts to wetlands. The applicants have gone to great lengths to avoid impacts to valuable aquatic resources. The lots have been restructured and reorganized, so that none of the fill requested in this permit application is for lot fill. Those areas proposed for fill are associated with road crossings. Small lots have been utilized to achieve the desired density, while minimizing impacts to natural resources. The houses cannot be rearranged on the future subdivided parcels, due to the small size of the lots. The applicant removed lots to eliminate impacts to the large wetland complex, therefore the applicant must have the remaining future parcels to make Page 6 of 10 the project practicable. In order to avoid the heart of the wetland complex, and to protect the small drainage leaving this area, the applicant has revised the layout and placed lots only on the perimeter of the wetlands. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetiands/stnnp,ide.htrnl. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The United States Army Corps of Engineers has a "no net loss of wetlands" policy, meaning, if the applicant impacts jurisdictional waters, he must then compensate for those wetlands. The Corps' preferred method of compensatory mitigation is preformed on-site and in-kind. The applicant is proposing to provide project-specific mitigation in order to off-set impacts to wetlands associated with this project. In addition to the avoidance and minimization discussed in Section VII, mitigation is offered through two fashions, creation and preservation. New Hanover County is currently under extreme development pressure and the retention of natural areas and aquatic resources is Page 7 of 10 imperative. According to the New Hanover County Tidal Creeks Program, the north branch of Whiskey Creek has experienced high levels of nitrates and ammonia concentrations. In order to improve the water quality of Whiskey Creek, it is crucial that the important natural functions wetlands provide be preserved. The wetland complex within this project and the associated small drainage area will be preserved (17.69 acres). In addition to preservation, the creation of additional wetlands on-site will allow for more filtration of impurities found in runoff. The applicant proposes the creation of an additional 1.05 acres of on-site wetlands. Please see attached mitigation proposal for details. 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 htip://h2o.enr.state.nc.us/wro/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 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 Page 8 of 10 map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No 0 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 Multiplier Required --square feeq - - - - - Mitigation -- - _ i - - - 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. Currently, there are no impervious surface areas found on-site. Stormwater will be treated using 100' vegetated swales. North Tract Calculations: Total Tract Size: 39.08 ac Total Wetlands: 14.21 ac Total Roads: 2.44 ac Total Sidewalks: 0.42 ac 19.88% of total tract area is impervious (North Tract). Page 9 of 10 South Tract Calculations: Total Tract Size: 39.99 ac Total Wetlands: 4.13 ac Total Roads: 3.35 ac Total Sidewalks: 0.93 ac Total Amenities: 0.20 ac 21.85% of total tract area is impervious (South Tract). 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. Sewer service to connect to New Hanover County public sewer system. II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X? Is this an after-the-fact permit application? Yes ? No N 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 10 of 10 I Tho Borough me" o rddra "*"or !#NIQ , a?co Norlh wwsl 74? -sandy Crrsk Pltl a I'c sN c lpQ a 1 C s Rd d G?,y/ire ? 07` e d?(Dr ??# R?' r' i V , gGdIt191fl?IRa 1 '°W q RepfiQx ? ?a k? erQ Dew M?.._ Chen,e . G? ?p Fromm Q?? R 4 a v t ?_nors?, Mason 17io go t -LE '10#8 m 'Rub. .� � �.. ; � #. • Aga f 1 '. �r £ � s� } _ � 1 #`�'s w -fin # "4�ti .�. e- � �4� �-• �.+a. s.• �� � } ,: �,.' �> *-{ a ,, ♦ .. Ay v • � �T� i� Y itis �t 1I �j, AS - 4.r - yl a �Y ,f +}..s"-.^.. Am �� Po 1 f 6?R Y s `• t ` i � i �t i •*.. . E P ` � 5 b { -� _ h.F ...,: �: y..� sem`,} f � �• x fi.;]�` r✓.,�. ®+ ;art t. y" T t i • r � p A. y New Hanover County Tax Records Inquiry - Current Tax Statement Page I of 1 NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Current Tax Statement 0616879 2 0 0 6 T A X S TAT E M E N T 09 05 06 TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE WM R07200-007-030-000 0 328,272 0 328,272 LEGAL (39.08 ACRES) MASONBORO S/D WHISKEY CREEK LOCATION 1355 NAVAHO TRL 1/1/06 OWNER: PROPERTY HOLDINGS LLC TAX TAX DESCRIPTION RATE ASSESSED ------------ BALANCE ------ ---------- NH COUNTY 0.6850 2,248.66 ---------- 2,248.66 WILMINGTON 0.4600 1,510.05 1,510.05 PROPERTY HOLDINGS LLC 1904 EASTWOOD RD WILMINGTON NC 28403 REMIT TO: NEW HANOVER CO TAX OFFICE P.O. BOX 18000 * TOTAL AMOUNT DUE 09/05/06 3,758.71 WILMINGTON, NC 28406 http://www.nhcgov. com/Oasinq/Oasstmt.j sp?sel=RO7200-007-030-000 I 9/5/1006 I Map Output Page 1 of 1 http://wwwdefault.nhcgov.com/servlet/com. esri. esrimap.Esrimap?ServiceName=advmap&F... 9/5/2006 - Hanover County Tax Records Inquiry - Current Tax Statement Page 1 of 1 NEW ?w???,?w?tFk c?Gya? Real sta a Tax Records cord Os Inquiry T Current Ta RStai tement 0616887 2 0 0 6 T A X S T A T E M E N T 09 05 06 TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE WM R07200-007••031-000 0 340,368 0 340,368 LEGAL ; (40.52 ACRES) MASONBORO S/D WHISKEY CREEK LOCATION 1300 NAVAHO TRL 1/1/06 OWNER: VENTERS W VICTOR III TAX TAX DESCRIPTION RATE ASSESSED ------------ --- BALANCE --- ---------- NH COUNTY 0.6850 2,331.52 ---- ----- 2,331.52 WILMINGTON 0.4600 1,565.69 1,565.69 VENTERS W VICTOR III 1904 EASTWOOD RD WILMINGTON NC 28403 REMIT TO: NEW HANOVER CO TAX OFFICE P.O. BOX 18000 * TOTAL AMOUNT DUE 09/05/06 3,897.21 WILMINGTON, NC 28406 http://www.nhegov.com/Oasinq/Oasstmt.jsp?set=RO7200-007-031-000 9/5/21006 Map Output http://wwwdefault.nhcgov. of 1 ar.r- l 4-euuo I nu uu ; qe hn I C.KK7 i umm 09-14'06 09;27 FROM-Hogue & Hill I- 4j R , S t. HiX NU, U12bbUll? N. U1 9107626687 T-660 P001/009 F-686 Pas REp 1 NEILOR OF 0=9 ? YkN& 9K:5dr! P6:2??-2 24 FFE:am NC REV STpl?,?,? lour Revenue Statnpsl;•tr,,ti ??;? t .? , lgecardg lima, book and page Peel ldatutfft No. R072"7-031-000 (Soft fora') Oopinlo?p, We is expressed by the prep lu of this deed eycapt u my appw from tie prq m ,s a fined certKeatc or Propa:ed by: W . Um p Tomes Rot;ttp, Hill, low, Nash & Lynch, L.L.P. P. O. Drawer 2178 WArbgmm, NC 28402 C4amtea nmiling addresmt 1904 8UMuA Road, wffirbgton 29403 Retmud to_ Hogue & 91 STATE OF NORTH CAROLINA COUNTY of NEW HANOVER KNOW ALL MEN BY THESE PRESENTS that W. VICTOR VENTERS III and wife, LEIGH WILSON VBNMS "GRANTOR" in consideration of M AND N01100 ($10.00) DOLLARS and other good and valuable consideration, paid to GRAN'T'OR by NAVAHO INVESTMENTS, LLC, a North Camlina lflnuited liability company "GRANTEE," the rewpt of which is bamby acknowledged, by these presents, does give, grant, bargain, sell and oonvey unto the said GRANITE, and GRANT'EE'S heirs, successors, and assigns, forever, in fee simple, all that certain lot or parcel of land located in the city of Wilmington, County of New Hanover, State of North Carolina, and more particularly described as follows. See attacked Exkibft A, Incorporated herein = if net out to jka TO HAVE AND TO HOLD the aforesaid lot or parcel of land aqd all privileges and 4PPwtonances thereto belong:4 to the said GRANTEE and said GRANTEE's heirs, succMors, and assigns, forever, in fee simple; and the GRANTOR, for herself, her successors and assigns, does covenant with the said GRANTEE and said GRANTEE's heirs, successors and assigns, that GRANTOR is seised of tbto premises in The simple, and has the right to convey the same in the Ft',3.Jr astate afotMid, that title is MCkerable and free and clear of all encumbrances, oxcept as herein stated, and that GRANTOR hereby will warrant and defend the title against tho lawful claims of all persons Whow"ever, except for the exceptioW heroin stated. bcr-14-eM IHU UU:42 HM hRRY *fUKNER FAX NO, 9102560112 P. 02 09-14-'06 09:27 FROM-Hogue & Hill 9167626687 T-660 P002/009 F-686 Title to the property is "Oct to the following exceptions: Tho provisdons of all applicable Zpp* sad land use ordinances, statutes and regulations; current year ad val*= taxes; and all applicable restrictive covouts and utility casements of record. The "0139011 GRANTOR and GRANTEE as used herein shall include said ,patties, their heirs, successors, and assigns, and shall include singular, Plural, ruasculino, fetttinine or neuter as raq tired by context. IN WAT1VFrSS WMREOF, W. VICTOR VENTERS AI and wife LEI(311 WIYSON VENTERS have hereunto set their hand and seal, this the L day Of Soptember, 2M6. STATE OF NORTH CARfJI.INA COUNTY OF NEW HANOVER VIC R VENnRS III ILIAD WILSON VENTERS I, ' 1 ., a Notary Public, certify that the follow' appeared before oae this day, and I Further oordfy that: p {S) Pa?so?nlly (Check one boar only. complete all applicable blanks, nwk all inapplicable blanks "N/A I have personal knowledge of the identity of the principal(s); I have seta satisfactory evidence of the principal's identity, by a current state or federal identi$cation with tho principal's photograph in the ;form of a 11 A amble witness, swore to the identity the principal's); (insert name of itness), has ? each ack uowledging to me that he or she voiunutucily sigaod the foregoing document for the Purpose stated therein and in the capacity indicated: W- Victor Vanteta ju Individual Leigh Wilson Vonton Individual WbOO CaP404 indicated is oa behalf of an entity not a natiual also Person, the natural persons named each acknowledged to no that s*ature was on behalf of amd as the act of the entity. Date: Notary Public "" rant Nata is na efregreired?) ilk' x - nay coma uisgon expires: * Tn'???e?s 1L3?eb?iVen?saVxclYI Navaho IttvtstrPPats-SouthTrAd.wpd or.r-i4-euuu Ihu UU;4-j fin IEKKY TUKNEK FAX NO. 9102560112 P. 03 09-14-16 09:27 FROM-Hogue 8 Hill 9107626687 T-660 P003/009 F-686 VENT RS TRACT - SOUTH Beginaimg at a set iron in the south lint of Navaho Trail (60' Rte, said point being located 8751101'02'B 393.04' fmm, the intersection of said Ilne with the centerline of Whitehurst Drive (50' RM, nmaimg thence along said south fine 1. S74°51'05"E 1065.47' to an existing iron; thence leaving the south line of Navaho Trail (60' WW) 2. S38045'04"W 108.76' to an W3ting non; thence, 3. S38040132"W 409.38' to an existing iron; thence, 4. S39°11'43"W 168.26' to an existing iron; thence, 5. S39007130"W 151.98' to an e)gsting "JCD,. Stone; thence, 6. 838015136"W 247.99' to an existing iron; thence, 7. S3901 8"4016W 96.59' to an existing iron; thence, 8• S38 *48'29'V 111.73' to an existing iron; then e. 9. 838°34121 "W 100.31' to an existing iron; thence, 10. S38°45114"W 100.51' to an existing iron; thence, 11. S38°45'14"W 520.37' to a set iron in the m 1140 of Wbiske arsh along said marsh line as it Meanders to thwest to a point located r thence 12- N47007'32"W 973.19' to an existing iron in the cast he of the W,hitehurst Subdivision; thence along said line, 13. N38°29'22"E 65.95' to a set iron in the south line of the NHC County Pump Site; thence ninnin8 along the boundauy of said site, 14. S44°26'26"E 60.46' to a set iron; theme, 15. N3892912711E 77.44' to a set iron; thence, 16. N51030'33"W 60.00' to a set iron in said east of lint of the Whitehurst Subdivision; thence running along said line 17. N38929'221"E 1383.36' to the point of beginning, btF-14-ZUUb THU UU M flM TERRY TURNER FAX NO. 9102560112 P. 04 09-14-'86 89;27 FR M-Hogue & Hill 9107626687 T-660 P884/889 F-686 Containing 40.52 A.C* and being a portion of the Venters Tract as recordtd in Book 1709, Page 366 of the New Hanover Country Regisuy, Subject to auy eascments/"ghts of way Of record and subject to a 30' Public Utility Easement as retarded in Map Book 29, Page 123 of said reggisuy, Arnold W, Cam 406 North Third Wilmington, NC (910) 772-9113 VenwRomh.doo e0c o-41MOV I ec 0tr-14-e000 I HU M46 Ht1 I tKKY 1-UKNKK FAX NO, 9102560112 P. 05 09-14-'06 09:27 FROM-Rogue & Hill 9107626687 T--562 P2851e09 F-686 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For RaEistration: Book: Document No,: NC REAL ESTATIR EXCISE TAX: Recorder: QW1*2M 08:54:06 AM RE 6077 Papa: 2420.2424 2006051488 DEED 5 Pas V3,00 $4,458.00 STORER, MARVIS ANN state of North Carolina, CoU1W of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDEb 000UMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2006051498* 2008081498 r 09-14-'86 89:27 FROM-Hogue d Hill 9167626687 T-668 P8861089 F-686 iN91111111 MR ????( Tilt ak oa?a Xi PC: MMU FE .&g.0 1smi 688 Revenue Stat:nPs: a 0 ?. t . +) Recording time, book and p8,ge 1Paml ldeaati5w No. Senoo-OO7?wmee (North fbrW No cerfi6aatlon or opWon on We is apmed by the preperer of d& deed except as =y spM &M die prep=-$ signed ceXtacm or cpbdm Pmpexed by? W. U bap loner Hogue, EW Jows, Nash & Lynch ILLP, P. 0. Dmwor 2178 Witml*px; NC 28402 Gramee mWft addm: 1904lurwwd Road, Wikdnpm 28403 STATE OF NORTH CAROLINA WARRAIQ'I' COUNTY OF NEW HANOVER Y DE RED KNOW ALL MEN BY THESE PRESENTS that PROPERTY HOLDINGS, LLC, a North Carolina limited liability company "GRANTOR", in consideration of TEN AND NO1100 ($ 10.00) DOLLARS and other good and valuable consideration, paid to GRANTOR by TS V DEVELOPERS, INC., a Nor% Carolina corporation, "GRANTEE," the receipt of which is hereby admowrledged, by tb me presents, does give, grant, bargain, sell and convey unto the said GRANTEE, and, GRANTEE'S heirs, successors, and assips, forever, in fee simple, all that certain lot or paroei of land located in the City of Wilmington, County of New Hanover, State of North Carolina, end mom particularly described as follows: See attacked BxhM* Ar Incorporated herek as rf sot out in fulL TO HAVE AND TO HOLD the aforesaid lot or parcel of laud xnd all privileges and appudenwas thereto belonging, to the said GRANTEE and said GR.ANTFS's heirs, successors, and assigns, forever, in flee simple; and the GRANTOR, fbr hmolf, her successors and assigns, does covenant with the said GRANTEE and said GRAIdTEE's successors and assigns, the GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the estate aforesaid, that title is marketable and free and clear of all encumbrances, except as horein stated, And that GRANTOR hereby will warrant and defand the title ag&a the lawful claims of all persons whomsoever, except for the exceptions herein stated, 90 'd Z11095Z016 'ON VA HNSM ANS31 WV 10:11 M 9002-6i-dM 09-19-16 09:28 FROM-Hogue d Hill 9107626687 T-660 P067/069 F-686 Title to the property is subject to the following exceptions; The provisions of all applicable zoning and land use ordinances, statutes and regulations; current year ad valorem taxes; and all applicable restrictive covenants and utility eme7ments of record. The (Ieaignatioa GRANTOR and GRANTEE as used herein shall include said patties, theft heirs, successors, and assigns, and shall include singular, plural, masculine, feminine oc trautcr as required by context. IN WITNESS WHEREOF, PROPERTY HOLDINOS, LLC, a North Camlina limited liability company has caused this instnrment to be signed in its name by its Member/Matragen, this the 11, day of PROPERTY HOLDINGS, LLC, a North caroling bWted liability conipbay sx: / 1? (SEAL) TOO F. tamer Membe r/Managor BY:G _ ?_{SEAL) A.V. Sat1o Mem er/Manager '?'' ;,,?••'I. '' ?wyr?l• (SEAL) By. Wayne Victor Venters III McMtW/MamW STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER r t -iaL- ?.,, cor* that the following pwon(s) personally appeared be re me this day, and (mark [ m] one box) e- I have personal knowledge of the identity of the principal(s) d I U" seen, satisfactory evidence of the principal's identity, by a current state or federal idea dfication with the principal's photograph in the form of a o A credible witness: (insext wme of witless) has sworn to the identity of the priuncipsl(s); on behalf of and as the`Wwfra)p11owing entity:Imiatra rg?? (Insert "N/A" if "'?e" insetted in - ,, Capacrty column above). Notary Public fi .: t(mot name[required]) _26- _. 4 ? Official seal ^ • " ,? N _ ( official . Commission expires. SAWTAVentmWelDed* ?<'TSV Developers, b1c.-NOATcactwpd.wpd LO 'd e11099?016 'ON XVA NON ni Amu Wd mu i nu 9002-vi-as each acknowledging to me that he or she voluntarily signed the faregoiug document for the purpose stated therein and in the capacity indicated: 09-14-'06 09;28 FROM-Hague & 11111 9187626687 T-660 P008/009 F-586 VIENTIMS TRACT - NORTH Beeiuning at a point iD the north line of Navaho Trail (60' R/w), said point big located N750041501 V 244.66' and N74048' 10"W 278.71' from the intersection of said north line with the west of Masonboro Loop Road (60' R/W), running thence along said north Lim, 1. N74955'5T'W 1066.37' to a point in the east line of the Seasons of Evergrm Park Subdivision, thence leaving said north line and running along said east line 2. N38°34'34"$ 2004.99' to a point in the south line of the Treybrooke Subdivision, thence running along said south line 3. S58°44' 17" B 634.65' to a point in the west line of Masonboro Loop Road (60' RM, running thence along said line 4. S08°52'04"W 711,76' to a point, theme leaving said west line and running along the west line of the Bell and Brock Tracts 5. S38°48'59"W 1042.23' to the point of begiming Containing 39.08 AC.+ and being a portion of that tract recorded in Book 1709, Page 366 of the New Hanover County Registry. Subject to all and any Easements of record including but not limited to those recorded in Book 2879, Page 232, Book 3239, Page 37 and Book 3281, Page 240 of said registry. rw- I,,C ovoid;; %•?p 406 North Third s Wil!DiAgton, NC 28401 (910) 772-9113 V6nmr$m"h,doc F= 0.DQw080gjd solz.,,-C-Owc, $12oF too$A?- 80 'd Z i 10952016 'ON XH HNNU ANS31 WV e0:11 M 9002-V I AM 09-14-'06 09:28 FROM-Hogue & Hill 9107626687 T-660 P009/009 F-686 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Flied For Regh"on; Book. DuaumeM No.: NC REAL ESTATE EXCIBE TAX: Rtroorder: WILMINGTON, NC 28401 0811212005 08:54:08 AM RE 60T7 Pop: 24$8-2442 200*051500 DEEb 4 POS $20.00 $5,81.00 STORER, MARVIS ANN Star,. of North Carolina County of New Hanover YELLOW PROBATE SHEET IS A VITAL, PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUMMIT FOR RE-RECORDINQ. *2006051500* 2006051500 60 'd Z I I095Z0 t 6 'ON xv. 83NN(lL ANN31 Wv e0:11 AH1 9002-b I -dHS by114/2096 07:17 9197637710 V PAGE 01 Fin . b S?G? 5outkern F nvironmental Group, Inc. Environmental, Development, and Conservation Advisors W W W. Sesp, i. u;1 1, ctter of A- ncy T?n 5l-.P .? e 2006 hcrcby 40?'?! Ptla 5outkrrn f nvironmcntal Group, Inc-, (5F[ji) tke rigkt to represent _ m's' ;EAg in matters rcgarJing environmental consulting services on real property owned by/(JnJer Contract 6y/_ T ?? D?? p1pQe(-S tnG . at _1355 t-AONqV-N T_-- M( \ in tvountl'i/countics, North Carolina through the elate of Dcccm6er 31, 2006. Lana Owner/ Agent N o r V\., Tr (A C- k P I IJ ?- 9ZN100 - 00-:V - 030 - 000 Date 5,715 South C-ollcge Road, Suite E • Wilmington, North Carolina ,2841 2 O10.452.271I • Fax: 910.-t52..Z899 • offleecflsegi.ua by/14/Mlb Ut:It 1311d lbJ//1b V PAGE 02 SEGO 5outkernF nvironmental Group, Inc. Environmental, Development, and Conservation Advisors www,segi.ua titer of AgenC,A ??- ? v?c•F?'? v"'!' creb9grant otit6ern ? Environmental Group, Inc., (,cjF GO the ry96t to represent WIC -in matterrs regarding environmental consulting services on real property owned 6y/ Undcr Contract 63/_hV_(XU ?? ' y?v?cJ}m???G L.l. C at _ aOCJ _ tJaya-1O_'f?Q? \ in J Count.!?/Countics, Nortl, Carolina througk the datc of Dccem6cr 31, 2006. Land Owncr/ Agent So?1n ?'? a ck. P ? D ? '• Datc R.O-* Zoo - a0-It -03\ - 000 1.5 south Collcve Road 'quite f,,, • Wilmington, No4 Carolina 28412 910411-2711 )=ax: 91o.?g2.za99 ofFicc@scgi.u5 ., Action Id. 200400550 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: New Hanover U.S.G.S. Quad: Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Jane Bellamy Venters Address: 2302 Gillette Drive t{! F t ;' )t) rpp Wilmington, NC 28403 :?yd Telephone No.: S [-r) i 9M5 Property description: DEN,. Size (acres) am. 39 ???? ?" dares ' ' Vigiington Nearest Waterway UT to Whiskey Creek River Basin Atlantic Intracoastal Waterway USGS HUC 03030001 Coordinates N 34.2385 W 77.7969 Location description The property is located along the northside of Navajo Trail westside of Masonboro Loop Road In headwaters wetlands adjacen to an unnamed tributary to Whiskey Creek south of Wilmington New Hanover County, North Carolina Indicate Which of the Following Apl)]_V: 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 wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAX33 USC § 1344). 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. _ 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 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 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 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 (910) 395-3900 to determine their requirements. Page 1 of 2 w Action ID: a6U yQ0 00 waters of the US and/or wetlands without a Department of the Army permit may Placement of dredged or fill material within 131 l If you have any questions regarding this dean W please contact JenniferS.Frve at 910910-2923• Manu constitute a violation of Section e01aftotry lean Water Act (33 USC § Delineation determination and/or the Corps r gu1 AQ described in the 1987 Cor s Wetlands Waterway, a V- nPtPrnlination: Tes ectivel . Remarks Koelle Lutheran DENR- Corps Regulatory Official: Expiration Date 12/21/2009 Date 12/21/2004 wetland data form must be And attached Process to And the file Request of this form. FOR OFFICE USE ONLY: property and the For Appeal" form must be A plat or sketch of the strative Appeal Options A copy of the "Notification Of Advco of this form. section and attach the transmitted with the property owner/agent py lease indicate ?n "Remarks" If the property contains isolated wetlands/waters, p of this form. "Isolated Determination Information Sheet" to the file copy OWK I NOTES: SIX "C" CERTIFICATE OF THE U.S. ARMY CORPS OF ENGINEERS: THI ti/? o, 1 S LOT IS LOCA ED IN ZONE ACCORDING TO THIS CERTIFIES THAT THIS COPY OF THIS PLAT + + kya `?? °s (»F \ \ / THE FEDERAL EMERGENCY MANAGEMENT AGENCYS "4VAND "'"? ?' ?° /x\ ROOD INSURANCE RATE MAP, COMMUNITY-PANEL ACCURATELY DEPICTS THE BOUNDARY OF THE AMOWM5 + ?ep NUMBER 370168 0490 E, DATED: 9/3/92. JURISDICTION OF SECTION 404 OF THE CLEAN N "41ft1'oma TOTAL SITE AREA= 39.08 ACt WATER ACT PURSUANT TO THE 1987 CORPS OF ENGINEERS WETLANDS AS DETERMINED BY THE UNDERSIGNED ON MANUAL 3 RATIO OF PRECISION 1:10,000+. N, THIS \ DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETER- 1 JJJ ?" MINATION OF SECTION 404 JURISDICTION MAY BE +3 + N \ \ L, ---y?? \ RELIED UPON FOR A PERIOD OF FIVE YEARS I.ACA11pN MN' ow.wom FROM THIS DATE. LEG?Nt? i i ,lo° EVMGR=P-R-K \ SIGNATURE O ".S' ARMY CORPS NEERS OFFICIAL n In \ N3e\ L MAPa a? PAGE J \'\ DATE d ! !?r-e • adUy 0 EXISTING CONCRETE MONUMENT ro ,? dq, 1 / d00 y0 UPLAND \ \ 4•F \ ` / 0S5'V (CONTROL 0 SET RON POINT) +a 17 1 0 EXISTING IRON €F, I + \ \ y eb ? L? J ,r ?' N \ MAF 904K 35, PA NQtfRl81 PARR • " " ? 2 4 / MAP ROOK 42. AGE 55 L Ci a G '?a \ ti 1> AS z 1 404 WETLAND p \ ? 4, + a ? \ \ Q r 1 c 14.15 AC* M, \ L? / NCO 41 {' ??tp111?INt?r " L / • , S38 48'59'W w o 05 SI rtr ' ; 66,04 A33 ?s 02 \ ? ` • `; S65-081 S u? h ?'? 321 `?' 430 UPLAND 2/ r0 i ' . ..• Gt ?a + W ?' tib 'OL' AN +u 24.87 AC_+ y? 1\ 111" RNOLD Aft C4 IV ej A 4'0 4ft co 'per aft= 'du 484 + BOOK 1144, , FAGS PAGE 1 1746 V \ ??t°'Ty w 2e ?' / L4 OF THE L I N?A'I"ION N W - - - h 51-DO01?: ,'o1'Ej ry V? N1? p5 T AC-' NOT T t 24.81 ?,p, 404 WETLAND ya n AS RECORDED IN BOOK 1709, PAGE 366 OF THE SE N281 I'I?LIMINAIZY "ms JACK" W BOOK 3, D4 1/ NEW HANOVER COUNTY REpS1Y DI5 b PAGE 240 ?? \ ,0 O.OG ACt I h? ,?,, MASONBORO TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA FOR REGOI?AtION + +P BOOK 1517. PAGE 685 ro CHAF4M BELL GONVE:YMICE:5. OR + H BOOKB04.PAGE514 f S, ?01°°"m'? SCALE: 1' =200' AUGUST 20, 2003 403 NJ FOR AUGUST 13, 2004 5ALE5 f'Lla'05r5, y S7 9'10"W ? N75'44' 9'W EASEMENT S55'47'24'E 1% Vic VrN1Ff25 39.65' TIE) _ B001c 3239, PAGE 37 1,13' 015 1A 29.66' _ /g0? P.O. BOX 4213 ? _Lr' 711 76' _ VW INGTON, NC 28406 MA50NBOR0 LOOP ROAD (60' R/N) N38'48's9'E ?b / 203.08 (TIE) ARNOLD W. CARSON PLS PC 406 NORTH THIRD STREET IBLMINGTON. NC 28401 PHONE:(910) 772-9113 -- --- -- - -- 100 e0 0 no - .., ._ ,I 5EE 5HEET I OF 2 LINE TABLE LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH 1-A20 N8119*19"W 40.24' 122-123 S41 '46'48"E 24.63' A90-A89 S59'33'41"E 41.70' 0-A19 N51'42'28"W 41.82' 123-124 56857'34"E 15.14' A89-A88 N74'32'52"E 28.98' 19-A18 S25'53'24"W 68.00' 124-125 N73-22-19"E 32.92' A88-A87 S26'48'58'E 35.14' 18-A17 S59'59'31"W 33.86' 125-126 N8055'15"E 31.34' A87-A86 S01*17'48'W 33.47' 17-A16 S41'05'43"W 53.18' 126-127 N70'42'43"E 41.50' S56'28'52'E 26.26' A16-A15 S5011'49"W 46.75' 127-128 N68'02'59"E 50.02' S36'11'50"E 29.41' A15-A14 S35'01'37"W 75.64' 128-129 S83 '06"E 22.52' AM-AM S2551'19"W 24.68 A14-A13 N8477'59"W 48.14' 129-130 N5051'57'E 43.72' S65'04'53'W 15.82' A13-A6 N83'33'32"W 186.27' 130-131 N50'54'55"E 20.81' A82-A 1. S51'20'24"W 30.45' A6-A5 N52*38'00"W 43,132' 131-132 N71'47'21"E 41.94' A81-ABO S57'29'41'W 29.21' A5-A4 131-B1 N3633'18"E 36.27' S56'49'56 "W 40.44 A4-A3 ' 81-82 N24'47'49"W 68.81' N56'09'51"W 13.63' A3-A2 ' 132-83 N88'01'06"W 60.40' A42-A41 N05'49'26'E 17.23' A2-At " ' B3-134 N1650'32"E 52.55' A41-A4O N70'51'59"W 30.77' At-216 84=B5 N1223'33"W 39.46' N7012'09"W 30.85' 216-215 85-136 NOO'02'57"E 41.40' - S88'23'47'W 49.04' 215-214 214-213 " 86-87 B7-88 N12'04'43E N30'42'59"E 39.23' 63.96' -A37 S4226'44"W - S71'26'58"W 63.22' 43.14' 213-212 " ' 88-89 N5210'34"W 48.24' S16 37'28"W 42.67- 212-211 ` ' 139-810 N38'21'14"W 42.49' S24'01'39"E 83.91' 211-210 " ' B10-B11 N15'S3'02"W 50.19' S43'20'13'E 26.70' 210-209 " ' 611-612 N22'34'05"E 43.88' A A32 1 535.43'44"E 48.90' 209-2!4 S79'21'1 5"W ' 812-B13 N5132'28"E 38.71' - S0052'11'W 19.24' 208-201 N741 1 *1 Q*W ' 813-1314 N39'45'1 3"E 54.04' - S3731'38"E 53.66' 207-2 S05128'06*E ' 814-815 N22'34'01 "E 70,81' S61 42'08"E 57.74' 206-2 ' 1315-1316 S80'29'35'E 11. 0' 528'06'40"E 46.67' 205-2 ' B16-B17 N4326'31"E 29.61' S64101'11"E 54.39' 204-2 ' B17-B18 N41'22'37'W 17.99' - S3345'13"E 40.81' 203-20 4' 818-1319 N03'50'07"E 16.10' 5 S52'08'56"E 42.55' 202-201 819-820 N47'49'44"E 19.74' 4 S60'47'330E 50.50' 201-200 102-103 103-104 • N40'31'40"E N09'08'11'E ' 20-B21 21-B22 22-B23 N6357'04'E N30'48'1 2"E N34'04'09'E 32.35' 27.15' 55.45' 4-A2 400-300 S56'1 6'37"E S20'01'44"E S48'32'34'W 41.85' 55.35' 9.84' 104-104 104-105 105-106 106-107 107-108 N06'49'16"W N74'09'04'E N7849'56'E N56'44'48'E N2853'18"E ' ' ' ' J 23-824 624-A107 107-A1 106-At 105-At N361 2'51'E N23'Ot'41"E N41'53'48'E N68'34'55'E N19'08'12"E 55.99' 33.07' 41.64' 54.99' 41.23' 300-301 301-302 302-303 303-304 304-305 S73'49'40'W 571'29'12"W S8331'40'W S43'20'03'W S29'02'43W 26.60' 21.02' 13.14' 21,22' 33.33' 108-109 109-110 N39'24'55W N4614'31 "W 104-A1 103-A102 N43'23'47'E N5528'04"E 50.89' 30.67' 305-306 306-307 S08'51'1 2"W S61 *35'09"W 20.82' 25.74' 110-111 N51'26'53'W ' 102-At01 N57'23'49"W 27.72' 307-308 N89-13 02"W 19.17' 111-112 N43'38'52'W 101-A10D N251 7'30"W 23.00' 308-409 N39'31'17"E 13.56' 112-113 N2356'34"W 56.98 ' A100-A99 AlOO-A99 N67'32'50"E 6.1.36' 409-408 N6313'41"E 8.22' 113-114 N3712'27'W 11.05' A99-A98 S7653'38"E 60.00' 408-407 N32'33'36'E 25.57' 114-115 N1512'49"W 16.89' A98-A97 N4459'35"E 21.91' 407-406 N14'08'03"E 24.76' 115-116 N01*46'06"E 14.91' A97-A96 S40'26'33'E 47.92' 406-405 N4818'39"E 24.38' 116-117 S40'53'1 2'E 23.04' A96-A95 N22'16'26"E 15.25' 405-404 N4437'10"E 23.57' 117-118 S20'46'06'E 24.64' A95-A94 S321 7'03'E 56.40' 404-403 NA t'28'04'E 16.75' 118-119 S26'00'34"E 27.66 A94-A93 S45-52'1 6"E 62.39' 403-402 587'45'37"E 18.55' 119-120 S29'31'34"E 21.70' A93-A92 S68'07'24"E 27.58' 402-401 N59'28'00"E 15.01' 120-121 S44'47'52"E 26.48' A92-A91 N88'02'41"E 62.78' 401-400 S84'58'50'E 23.09' 121-122 S67'29'30"E 19.79' A91-A90 N73'49'31"E 36.45' V1/I:TLANt7 I??L IN?ATION OF THE VE? NJT? p51?.1AC1" AS RECORDED N BOOK 1709, PAGE 366 OF THE NEW HANOVER COUNTY REGISTY MASONBORO TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA SCALE: 1' = 40' AUGUST 20 2003 r-N V TF-125 !. BOX 4213 ;TONG NC 28406 406 NORTH THIRD STREET INLUINGTON. NC 28401 PHONE:(910) 772-9113 AUGUST 13, 2004 %,.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200600561 County: New Hanover U.S.G.S. Quad: Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Jane B . Venters Address: PO Box 904 D Wilmington. NC 28402 D Telephone No.: 910-256-8683 Property description: Size (acres) 40.52 Nearest Town Wilmington Nearest Waterway Whiskey Creek River Basin AICWW USGS HUC 03030001 Coordinates N 34.1668 W 77.8687 Location description The property is located at 1300 Navaho Trail west of Masonboro Loop Road in wetlands adiacent to Whiskey Creek_ in Wilmington NC Indicate Which of the Following Apply: A. Preliminary Determination _ 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). B. Approved Determination X 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 may be 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 3/16/2006. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period nat 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 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. Page 1 of 2 Action ID: 00 (o 00,S-(p 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 (910) 395-3900 to determine their requirements. 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 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Jennifer Frve at 910-251-4923. C. Basis For Determihation U This site exhibits wetland escrilied in the 1987 Corns Wetland Delineation Manual and is adjacent to an unnamed tributary to Whiskey Creek, a tributary to the Atlantic Intracoastal Waterway, a navieable Water of the U.S. This site also contains a waterbody (stream) that exhibits an ordinary hieh water mark and is tributary to Whiskey Creek. This site extend to Whiskey Creek, which is has adiacent tidall-influenced wetlands and exhibits a mean high water line. This determination is based on information submitted by SEG Inc and a site visit by Jennifer Frye on 1/24/2006. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 5/16/2006. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 03/16/2006 Expiration Date 03/16/2011 Co furnished: EM,, (College Road Suite E, Wilmington, NC 28412 Noelle Lutheran, DENR-DWQ WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405 Page 2 of 2 NM WOATEE mR L AMP ? :: BR 1458, PAGE 69,1 / L _ N38'29'22"E 65,95' i 7?4 yl w 146 D7 l NOTES; 1, THIS TRACT IS LOCATED IN ZONES "C' k A10 ((?? 11 ACCORDING TO THE FEDERAL EMERGENCY MAO ELL 1 AGENCY'S FLOOD *=RANC E RATE MAP. COMMUNBTY--PANEL NUMBER 370168 0091 E. DATETI: 9/3/92. FLOOD LINE TAKEN FROM NNC CIS MAPS INCONJUNJCTMM4 WTH THE FEMA FIRM MAP. 2. TOTAL 517E AREA- 40.52 AC* 3. RATIO OF PRECISION 1:10.000+. 4. THIS TRACT IS SUBJECT TO ANY EASEMENTS OR RIGHTS OF WAY OF RECORD. TABLE DISCLOSING LOCATION OF POUND PROPBtIY CORNERS WHIN WI1171n)K5T 5LWM5R7N FROM SAME A5 RtOICATED BY MAP5 StIONM hEREON ® BASE CONTROL PONE LINE 0mm POINT ® N24'30'05'E 0.02' Q N70'16'02'W 0.14' 0 S3571'25"W 0.07' Q S74'O6'39'W 0.34' ®S29'52'53'E 0.64' (j)N16'20'24"W 0.07' NOTE AE ABOVE non SFAS Dmvm FROM AN ACTUAL ry BSMO CMMW POINTS AS SHMAN flEAE011 VAIM 7M SIEOIRSWN AS THE CONTROL BASE BEAMM AND INSTANCES ONffRFASE SiM HEREON ARE FROM MAPS SIM HEREON AM ARE ONO M RESULT OF AN ACTUAL SUMMY ME. ?J11 IN' , ,?6A \O., , `, ?i X611'?dy 533igo T l PG 3G7 ;o IR'I ??p I ??? , /Mm 3T~ 278 r? 4 h 132, PG l16 11, BIY (SAL) ' ?q1 ?S?rt rA I? "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SEC77ON 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD OF NOT J177UZINGroTHE FIVE 987 YEARS FROM THIS DATE. THIS DSI S OF ENGINEERS WETLANDS DELI EA77ON MANUAL." (NAME) (TITLE) \ (DATE) 15 Oy\ (AIDB) - -20006 S& I,D.e iR J a.44 7 1 w O \ ', ! x b ' r w \ ', ' A j w w w W ¢• V• 1 1 +! W W W V• W \ ' j v W V 11. .4 1 i W V ? \ W W W W` 1 0 \ I J' W J' IIV' w .Y W w W w 1\ 'hti w W W ?i` .. I W V w ? `?. 13 n ' \ w z TOTAL TRA IT AREA = 40.52 ACS ? ® UPLAND - 13.44 AC \ O ® UPLAND = 0.51 AC 30' SC UT Tr © UPLAND - 22.44 AC EASEMENT 123)'' -'.. .. CURGIS•FARROW ` (MAP 29, P CDAETM WFTLAND = 4.13 AC NMIT5NEW TO BE VLT'JF W BY GOVEPJ7ING AGENGIT 5 SMRN lu IODO. P6 595 H1? QP 9 PRELIMINARY ?PQ NOT FOR RECORDATION, CONVEYANCES OR SALES PURPOSES. ENTERSsouth404 GROVE .thE VFi 7ER5 N NAVAHO TR?J .Io SRE 0 IIHISKEY CREEK L-OCA110M MAP NoT To scALE 1 VT I RJW „+c., 5an'lB 4t1-w JY{. R I JII R JJd I? 4: W ?' ?? ' 100.51' 100.1 111,73' 96.59 247.99' 151.90 168.2E 4D9 3B 3E108.76* ; 1191361,PG IC6? VONER FARROW FARROW \;'?' \ 404 JUI:I5CJIC'f aNAI, I30UNt9A12Y MAP' _ 1163436, PK 2132. FG -47C PG596? `, \? ' ONWONOPB4RSSAJOIINI'ME,XLAND PG77I ??- 111 ' , \ OF THE NAVAHO WOODS', M827, PAGE I54 \ 1 I 11' IAPRDW MB 32 [3C- LAM Y -ACS" w TRACT 2 663:82, PG 192 PG I 1W \ AS RECORDED IN BOOK 1709, PAGE 366 OF THE A DMSON? 286116T?A7nN PI1:oN4 JR RAND \ NEW HANOVER COUNTY REGISTY IAA50NBOR4 TOWN5?P NEW HANO%fR COUNTY NORTH / / \ \ SCALE: 1 = 200 AUG910 + FOR ?.` r?PFt Ll Vic LEGENO \, \ PO BOX 4213 Q',•'4?,SS{ON9 . / o NGTON, NC n : cc A 0 = EXISTING IRON 11, \ 5?2rol ; 2 \ ARNOLD W. CARSON L P % 1 El = EXISTING CONCRETE MONUMENT \ \ 406 NORTH THIRD STREET. WI •. N P Q•?: \ LMINGTON. NC 20401 'i 95?,. Q'_• ?D? SHEET 1 OF 3 1 \ ?, so + PHONE:910) 7729113 RN 1 I - I I M531.PG27E . L' Inlli4al 1 I 1 i w F(l) WHITEHURST \I6? 115) i ,,14; I X13; i iGoITiw3 M833, ?? t I t I ?? 8 I , tit PG 367 > 5 I MB 31 LPG 278- ° IQ?tI I R tl ORS I t 9Rj I ( 38 ,,/ MB 3 I , PQt 278 j,.' 7?, N38 29122E j Lo l r JG M 32, PG 16 1383.3W// I1 1 ?1 ,I 3.3Wy (TOTAL.) 4 353.36 84.00' 93.00 E D 9300'' I I %> t Tip 1 710.00' IR7 731.78' J 84.76' LINE TABLE M I L LINE TABLE Q •814 t 1?? O. IN 000 N24W50'E 26.W 916 SEND WN L41 1,32*W 1 '40.88' 1102 w 34.13! Q a? m T a++ 1 L42' S26MS34'WI 1 51 N1 WE 36 11 PING IRON ?z 61A? ova N lj tt J 11NG CONCRETE MONUMENT N N e9 -? t L45 SISIZWE 4&70' Ll 2&Z7' y ?. w as L47 RD!SeWt 49'.43' Ll 19 1.51' L46 'E 67, 4&73' f L109 4145' L% L49' SIS'4V.32"E 52' Lil N25 46.51' y V y y", L50 E 49.34' Lill ul L51 26'E to5l E 41. rte m" a1 t ` 1 j26 4 j. ?. ?. 4- a 99y my s a) ? t tt L52 '31'W 22, N29' Nl 8'15* 22V 9? '? y `r y a i, y m? , 1 S02*06'1 2- L164 .95' t L55 L 164 11 t L56 'W 22- w L57 W4-r4lrW- .23' 1 AIR S21 'SD'P I M.72' I 9Z6 y y ?t'?S `?" ?? 1 11 LBO 97,33' + L63 . 82' WK .86, 19'W 19 AR' 958 y .y ` tt (? A?2 9? •L L y 1 t L55 N43-flr3r 10. 1 !? y Alt L67 ;V2,CW 1 11-52' -4 y 4jC tP 1? 1t L6:9 A, °? 1 1 L72 82 23,94' ?m 4B94/ L73 24? m 1 .y. L110 N G 40.38' 1 Ltlt 3rd A y y e 1112 ,?, p1s w?, 9 t L7S SO *26'46 23.41' in c ?1N fir, N y L ?°m M 2 d?5 9SY y' Ups pb, :lp a ro ?a 2 -171E 92' \L 141- L84 40.46' + > 90' 9 Oy iml5171C11ON N- O3OL NVARY MAP 3513 3442' > La NOS*42'08 33.18* t 0 OF THE L87 U53*51'32E 37-45' LBO u.3o, 1: -?L LAM Y•?C?' La9 14.31- AS RECOMED IN BOON 1709, PAGE 366 OF THE NASONSORO TOWqV NEW HANOVER COUNTY REG? NEW HANOVER COUNTY N?iTH CAROLINA L93 N3371'1'rW I -U.27' SCALE: I' = 100 ' AUGUST 16, 2005 L94 86-&47W 1 21.53' FOR ++++gauui????y, VIC VF-125 +++ pR01lNq P BOX 4213 %`%..- •""'••. 's. I GTON, NC 28 06:;'?5S1ONy?.: '.? PRELIMINARY ( ?? t F SHEET 3.OF 3 OR RECORDATION, CONVEYANCES OR SALES PURPOSES. RN •cc n'161 0: z W. CA RSON PLS PC; ' 406 NORNOTOTHN, THIRD STREET NC 28401 co ,;; NOLAp Q PHONE: (910) 772-9113 00. •''9ND SV?• IF_ 100 50 '"•••'' 0 100 200 400 ++ I I C??? VV6? ?. ' y \ y Asti \ m L1B? , 2F \ PRELIMINARY NOT FOR RECORDATION, CONVEYANCES OR SALES PURPOSES. SHEET 2 OF 3 W N N V?? 9aiD 9 ? ? m 1?s o 427 OS613?,1 ??1E? 12?'?6 L126 'p lap V 9•, yoy' C4\ ?1Rd 4*/ ASO f4"6 J A45 ++V ?<D f?0?oo. LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH Ll L1 N5i30'38'W 42.12' Li 15 N08'10' 3"E 35.86' L2 NES34*36'W 25.24' L116 N15'07'25'E 27.60' L3 N11'56'28'W 26.27' L117 N0930'S4"E 27.03' L4 N47'30'36'E 18.95' L118 21'O2'31'E 4&4B' LS L67 N04'04'51'E N 344'09W 27.84' 24.07' L119 L1201 0939'54'E N16'OS'58'E 2928' 4996 L7 NiX4511'W 24 L121 N62'2735' 41.40' L8 N1093'04' 21.94' L122 N1210'13'E 41.78' L9 ND '0 '46'E 14.51' L123 N25'03' 5" 36, LI O 5'21'30'W 28,92' L124 N E 27.65' L11 L12 N633433'W N71'48'08"W 24.23' 20.02' L125 L126 N3921'20'E SB6'18'06'E 35,28' 43.31' L13 SB6'10'27'W 28.08' L127 S5779'0g .39.52- L14 L15 'W N44 5'10'W 27 ' 28.67 L128 L129 '24'E N 1'46'E 47, ' L16 L17 N56'48'25'W N 9 '19'W 5.95' 45,38' L130 1131 N8645'17'E N05D1'5' 2.65' 30,67 LIB S7 ' ' 'W 31.10' L132 N05375 ' 3&98' LIS 43'W 43.61' L133 N773X 43.69' L20 L21 55095'30W 52446'03" 65.66' 35.58' L134 L135 3 '34'E 14412051 34,57' 26.43' L22 L23 S19 '15'W '19'4 'W 2&10' 37.28' L136 L137 'O5 '0X4 24.76' M .U. L24 L25 L26 S2257'30'W 55148'04'W S4033'3 'W 47-m' 73' 64.51' L138 L139 L140 NOM2'20'W N23D4'58'E N 33 3118' 47.52' 29.42' L27 L28 L29 L30 L31 S65 04 58 5' S8 S59 '4 'W '4 '04"W 43,68' 49.51' .06' 53.94' 57.59' L141 L142 L143 L144 L145 N N26't8' 9' N49 i' 'E 32,37' 32. 25.83' 40.34' L32 S65 O'4B'W 40.58' L146 N293 26'E 2&73' L33 S48*I6'S4'W 70, L147 ND 'W 6.09' L34 L35 S S4 '45'51'W 33 4B'34'W 46,38' 47.60' L148 L149 N 4 4"W N4 4 '33'W 23,39' 25.27- L36 S O '4'W 31,19' L150 1 416622, 51y 21L05' L37 L38 S m 48'41'W DS*41'49W 30.45' 31.70' L151 L152 N OR6'1 ' W 32,35' 34,18' L153 16 'S1' 'W L154 N 5446' 0, L155 N 4740'00' 34.4 2, L156 4711'W 61 L157 1 135 D4 3.83' L158 N 30'W 4.42' L159 N 47 56'08'W 2995' L160 N 75'19' 45.8W L161 N 7852'20 0.25' L162 N B9=L* 'W 12.49' L163 N 84'28'06'W 4.03 4CD-4 JUM5VIC1I0NAL 1301-INVA12Y MAP OF THE I3rLLAMY T AC-r AS RECORDED IN BOON 1709, PAGE 366 OF THE NEW HANOVER COUNTY REGISTY LIASONBORO TOWNSHIP NEW HANOVER COUNTY NORTH C?ARMr? SCALE; 1' = 100 ' AUGUST 16. '%%l VIC V?N`Ir--I25 406 NORTH THIRD STREET ; S'q QJ ?.1 % WILMINGTON, NC 28401 ;- ?0 sxSl . PHONE(910) 772-9113 •x•...06' 0Po 100 50 0 100 zoo OLo%400 m ru+? I !) . CA or ? ° ? ?a N o !yj o ? aNU l? - 0 m o -? Z Aid o I? I ? ?`OVo, ~ ? !y tom` O O ? N O A X006 ^ 1? HF9A,tM ? ? ¦?AM? r11Cf Nil A r l1E PAl1lC AT M1LOMIOK WETLANDS IMPACT rv ua? w ww we wws AREA A f r ? f o I ? ? m r?voerrxaau?a uc THE PARK AT MILLONICK 1 D ? v ? no. wnab waw ane nr I rav. w ?nNro cwtc ?+wisro? NC www ? r o. N 0 o Kill o -- -- -- --- - o o ' - -- - - - m o ? ?' Z D D 0 0 0 ?? ROW - - - ---- 0 + _ d N o sc-p 'o O ? c?io 1005 c?t?vr? ? srr,7tI? ?:,< ?iLAFvf} •.;<rp <,rf?,,Savs;a.rr ??'?'huit?'Gf1 rrt Iv Iv +! RE PARK AT IIKLOIMCK WETLANDS IMPACT rr+ ; I ti ? AREA B for ii ?'" IHE PARK AT INLLOINCK I ?° z m -? wt?oaoMp0M0; a.?e n: ? ? 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AT NlLONIp( WETLANDS IMPACT ? r*+ p rr I ? ? Y ?rw .w¢r ra • w Baas w au..oue tow. „?? AREA G for ? ? D ,N..1 N ? p ? n?a?anrNaaas ue THE PARK AT MILLONICK rn D ? Iv Tw. wnoao sole nr ?tx ra RrMM wa v os+z 00 F / C) ? r Z o ? N 0 \ SEP 1 1006 EN VI iT Y TL??1pS a,NUI STORaAWFR BRANCH KE AT NllOMlpl WETLANDS ZOOM SHOT m ? f ~ ? ? 4 t ..a.o ?.. for ? ? ? ? D • ? ? p ? ? ?,?? ? THE PARK AT NILLONip( ??_ ?? z rn D O Iv ? ?: w Rrwvi wa na wTwao eaw aaa n: Mraiat we sow ? r r, 0 N 0 0 n D r- m i m O a 0 0 N O ?f SEP 1 9 2006 L)EigR VVAI1 R Qi!ALi I Y WE11_.AND01 AND `';TORMVe TI I-.It i3RANC1-i t ?v (v E p RE PAW AT KLOMW WETLANDS ZOOM SHOT rn ? T m ?ffmwm ¦ au. m N for to V1 D ~ H ,4o w THE PARK AT M MOM CK C's M D • u 711'= pro we ?nr r: i ^ r- ?: w ?rws as R M18 31 VAIdd 1J uv ianoo andsNavi F;9. to 50utkern Environmental Cjroup) Inc. 5315 5outk College Road, Suite r - Wilmington, North Carolina 28412 910.452.271 1 - Fax: 910.452.2899 • office@segi.us www.seg1. us September 15, 2006 Hand Delivery Ms. Jennifer Frye Wilmington Regulatory Field Office US Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 i_ 1r`° _? "6 S P 1 0 'ZOG6 NOIN Re: 1300 & 1355 Navaho Trail Masonboro Township Proposed "Willowick" Subdivision Justification Dear Ms. Frye: [SEGi Project #05-108.01 ] The Applicants have asked Southern Environmental Group, Inc., (SEGi) to respond to comments made at the pre-application meetings held 20 July 2006 and 24 August 2006. 1. Determine if entranceway(s) to proposed subdivision can be relocated in order to avoid and minimize impacts to jurisdictional waters. In an attempt to avoid and minimize impacts to jurisdictional waters, the layout of the subdivision has been revised multiple times. In the original layout, the applicants were proposing an additional three lots adjacent to the entranceway on the North Tract. After meeting with the City of Wilmington, the applicants then decided they would sacrifice those lots, in order to protect the critical wetland area adjacent to the entrance. Should the applicants be required to relocate the entranceway, the purpose of the project, creating a 176-lot subdivision, would be unobtainable because they would be forced to relinquish a number of additional lots due to lack of access (approximately 10%). 2. Can the road associated with "Impact Area A" be moved in order to avoid the wetland impact? Avoidance of Impact Area A is not feasible, because the the shifting of the road would increase the impact associated with Impact Area B. The net result would be a SEGO larger amount of impacts to jurisdictional waters, the shortening of stormwater swales, and the loss of an additional three lots. Stormwater regulations require that the vegetated swales, used to carry and filter runoff, be at least 100 feet in length. Shortening the swales would create the potential for the applicants to be in violation with the Division of Water Quality. 3. Will pedestrian walkway suffice, or is it required to have sidewalks as well (referring to the North Tract)? The City of Wilmington requires five foot sidewalks be placed on both sides of the proposed road. Therefore, a pedestrian walkway will not suffice to meet the criteria set forth by the City. The applicants were granted a variance on the North Tract and have obtained permission from the City to incorporate a single sidewalk on the outer edge of the roadway, thereby reducing the impacts to jurisdictional waters. The Applicants are proposing to utilize super-elevated roadways for the Willowick subdivision. The stormwater collection flumes, which collect runoff from impervious surfaces and divert it to the vegetated swales, are located on what would be the lower side of the sidewalk. If the applicants incorporate the second sidewalk, adjacent to the wetland complex, they would be required to bridge the stormwater flumes, which creates a hazard for pedestrians using the sidewalk. Also, if the applicants were required to add the second sidewalk, it would reduce length of 100' vegetated swales, which were placed in strategic locations in order to recharge wetlands. 4. Will turning lanes be required? If so, determine if any additional impacts will be associated with the placement of turning lanes. Incorporate turning lanes onto preliminary plat (if need be). The turning lane associated with the North Tract is already depicted on the preliminary plat, and there are no jurisdictional impacts associated with it. Should turning lanes be required for the South Tract, no additional wetland impacts would occur, as the turning lane would be constructed in an area comprised entirely of uplands. The Department of Transportation will decided whether or not the South Tract will require a turning lane, after the site plan has been reviewed by the City of Wilmington. 5. Determine if Impact Area G is solely a stream impact or is there wetland impacts associated with that crossing. Due to the steep slopes, is it possible to incorporate a bottomless arch or headwalls. Impact Area G will impact both the stream and the wetlands. Both types of impacts have been accounted for and are listed separately on the permit application. The 5E-6i applicants are planning to use culverts with headwalls and wing walls to account for the steep slopes. 6. Provide zoom shots of areas adjacent to wetlands to show fill slopes are outside the wetland line. Zoom shots are provided for those areas in question. Also, the applicants intend to use retaining walls to avoid impacting wetlands adjacent to the roadways. Those areas are depicted on the plat submitted with the Pre-Construction Notification application. 7. Determine the reason for interconnectivity between the proposed subdivision, Willowick, and the adjacent subdivision, Whitehurst. Will the subdivisions be sharing amenities? According to Article IV: Design Standards Subdivision Regulations for New Hanover County, "The City of Wilmington and New Hanover County hereby determine and recognize that an interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles and enhance non-vehicular travel such as pedestrians and bicycles and to provide continuous and comprehensible traffic routes." With that said, the Applicants have no intent of Willowick sharing amenities with Whitehurst. The stub-outs were connected in order to conform with the standards set forth by the County of New Hanover. 8. Demonstrate a purpose/need for Impact Area A. Determine if area will be alloted for as "open space," or do applicants intend to put another lot in this area? The Applicants have stated that, should the fill request be granted, the area would be alloted for as "open space," and duly recorded as such in the restrictive covenants for the proposed subdivision. At this time, we respectfully request the Corp consider the aforementioned justifications pertaining to impacts associated with the proposed Willowick subdivision. Should you need any further clarification, justification or documentation, please feel free to contact me at 910.452.2711. Thank you in advance for your time and assistance. Sincerely, Amanda L. Kolb Environmental Consultant F-,g , 11 southern Environmental GrouP, Inc. 551 5 South College }load, `juite F • Wilmington, North Carolina 281-12 910.452.2711 • Fax: 910.452.2899 • office@segi.us www.segws Willowick Mitigation Plan Requested By: TSV Developers, Inc. 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Navaho Investments, LLC 1904 Eastwood Road Suite 212 Wilmington, NC 28403 Prepared By: Amanda Kolb Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 September 2006 Introduction TSV Developers, Inc., in conjunction with Navaho Investments, LLC, is proposing to develop a residential cluster subdivision, Willowick, that will be located at 1300 Navaho Trail, Wilmington, Masonboro Township, New Hanover County, North Carolina. The applicants are requesting Department of the Army approval for unavoidable impacts to section 404 wetlands. TSV Developers, Inc., and Navaho Investments, LLC, have retained Southern Environmental Group, Inc. (SEGi) to prepare a mitigation plan to off-set all unavoidable wetland impacts associated with the proposed development. Willowick is comprised of two tracts, which encompass a total of 79.07 acres. The parcels are collectively referred to as the "North Tract" and the "South Tract." Two environmental consulting firms were hired to do the wetland delineation. In 2004, Soil and Environmental Consultants, PA, based out of Raleigh, delineated the North Tract. Southern Environmental Group, Inc., performed the delineation on the South Tract in 2005. It was determined that of the 79.08 acres, 18.04 acres would be considered jurisdictional wetlands according to the parameters set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. Two separate field verifications were conducted by Ms. Jennifer Frye of the United States Army Corps of Engineers, Wilmington Regulatory Division. The verification of the North Tract was held on 21 December 2004, and the verification for the South Tract was held 16 March 2006. The North Tract, located on the north side of Navaho Trail, contains 39.08 acres. The land is heavily vegetated and unimproved. The property identification number (PIN) is R07200-007-030-000, and the Action ID number is 200400550. The South Tract is comprised of 39.99 acres, found on the south side of Navaho Trail (PIN: R07200-007- 031-000; AID: 200600561). The South Tract is more sparsely wooded then the North, due to timber harvesting performed in the Summer of 2004. Currently, the site is wooded, with scattered clearings throughout the parcel. There is also a branch of Whiskey Creek that infiltrates the property on the southern tract. The surrounding land use in the vicinity of the project is residential. Impacted Sites At the present time, 18.04 acres of jurisdictional wetlands exist within the proposed development. Completion of the proposed subdivision requires that a 0.35 acre of 404 wetlands and 72 linear feet of an unnamed tributary to Whiskey Creek be impacted. The applicant has not proposed any impacts for Whiskey Creek. There are a total of seven (7) areas of proposed wetland impacts and one (1) area of stream impact located throughout the proposed subdivision. All of the proposed wetland impacts, as well as the one (1) proposed stream impact, are associated with the completion of roadways, which would grant access to lots, while meeting minimum DOT standards. The impacts are unavoidable, and have been minimized as much as is practicable (Figure 8 - Impact Maps). In 2003, the land owner obtained a permit to log both tracts of land. While the North Tract had "forest use" tax status, no logging was performed on this tract, due to the tract being under consideration for development. The applicant felt that even though it would have been legal to have the property logged prior to development, it would have been unfair to the spirit of the City's tree ordinance to harvest the timber. Therefore, the North Tract remains unaltered, in a heavily wooded and vegetated state. The North Tract is comprised of a large pine flat wetland system, surrounded by wooded uplands. The areas of proposed wetland impacts associated with the North Tract can be classified as pine flat. At the time the logging permit was obtained, there were no development plans for the South Tract. A portion of that tract was selectively logged in Summer 2004, for pine saw-timber (>12" diameter breast height) and other smaller merchantable pines. At the present time, a variety of different habitats are present throughout the parcel. A branch of Whiskey Creek infiltrates the southern portion of the South Tract. That area is surrounded by coastal wetlands, which leads up to an Unnamed Tributary (UT). The UT of Whiskey Creek extends to a large wetland mass, composed of a swamp forest (found on the interior of the wetland complex), surrounded by a mixed hardwood wetland system on the exterior. The forested areas of the property are primarily wetlands, with a small portion delineated as forested upland. The remainder of the site is uplands. The areas of proposed wetland impacts can be classified as swamp forest and along a forested tributary to Whiskey Creek. Soils Soil types present within the proposed Willowick Subdivision include Baymeade fine sand (Arenic Hapludults), Craven fine sandy loam (Aquic Hapludults), Leon fine sand (Aeric Haplaquods) and Lynn Haven fine sand (Typic Haplaquods) (Figure 12 - Soils Map). The soil types mapped in the areas of proposed impacts include: Leon sand (Aeric Haplaquods) and Lynn Haven fine sand (Typic Haplaquods). Both of these soils are classified as hydric, according to the National Hydric Soils List. Vegetation Vegetation associated with the project site includes: Arundinaria gigantea (Cane reed), Ilex coriacea (Large gallberry), Ilex vomitoria (Yaupon holly), Liquidambar styraciflua (Sweetgum), Magnolia virginiana (Sweetbay magnolia), Myrica cerifera (Wax myrtle), Persea boronia (Red bay), Quercus nigra (Water oak), Smilax rotundiflora (Catbriar), Pinus taeda (Loblolly pine) and Pinus serotina (Pond pine), among others. • The pine flat wetlands associated with the North Tract are vegetated with a canopy of. Pinus taeda, Pinus serotina and Liquidambar styraciflua; a shrub layer of Myrica cerifera and Persea borbonia; and an understory of Smilax rotundifolia. The mixed-hardwood wetlands surrounding the swamp forest on the South Tract are vegetated with a canopy of. Magnolia virginiana; a shrub layer of Ilex coriacea and Ilex vomitoria; and an understory of Smilax rotundiflora. The canopy of the swamp forest found on the South Tract is vegetated with Quercus nigra; and a shrub layer of Arundinaria gigantea. Hydrology The site currently is fed by precipitation combined with a high shallow ground table. The wet pine flat on the North Tract acts as a headwater region for the UT of Whiskey Creek. Hydrology indicators in this area include: drainage patterns, saturation in the upper twelve inches, water marks and water stained leaves. The UT associated with the South Tract is tidally influenced. The North and South Tracts are hydrologically connected by a ditch underneath Navaho Trail. Mitigation The proposed wetland impacts will permanently impact 11,251 square feet (0.25 acre) of pine flat wetlands, 871.2 square feet (0.08 acre) of forested tributary, and 3,484.4 square feet (0.08 acre) of swamp forest. As compensation for these impacts, creation of 1.05 acres forested wetlands and preservation of 17.69 acres of wetlands within the property limits is proposed. Creation (1.05 acres) The first component of wetland mitigation for proposed impacts within the planned subdivision will be the creation of a forested wetland associated with Whiskey Creek, totaling 1.05 acres (Figure 13 - Wetland Mitigation Map). As denoted on the Wetland Mitigation Map, it appears the area most conducive to wetland creation would be to the northwest of the large wetland complex found on the South Tract. The soil associated with that area is Leon fine sand (Aeric Haplaquods), which is listed as a hydric soil on the National Hydric Soils list. The applicants are proposing to excavate this area to an elevation equal to that of the adjacent wetland. By doing so, they will be taking the necessary steps to allow wetland hydrology to develop by intercepting the existing shallow ground water table. In addition, the rootmat, including hydric soils and seed bank, from the wetland areas that would be filled, would be placed in the excavated area. The presence of soils and vegetation, paired with the reduction in elevation, should produce a viable wetland system in the new location. By introducing these factors, the applicant is making every effort to ensure the three parameters associated with wetlands are met and maintained: hydrology, hydric soil and vegetation. Photographs will be taken upon completion of the created wetland, and one year after. These pictures will be used to determine survival of the desired species and the establishment of hydrology in this area. Preservation Areas (17.69 acres) The second element of proposed mitigation consists of the preservation of 17.69 acres of unaffected wetlands located within the proposed subdivision, Willowick (Figure 13- Wetland Mitigation Map). Recent urban impacts within and adjacent to the preservation sites increase the need for preserving wetland functions in a natural state. New Hanover County is currently under extreme development pressure and the retention of natural areas and aquatic resources is imperative. Studies have been conducted by the University of North Carolina at Wilmington Center for Marine Science Research on tidal creeks in New Hanover County. Whiskey Creek was incorporated in this research beginning in August of 1999. Five sampling points were chosen along Whiskey Creek. Sampling Area "WC-NB" is located "in fresh to oligohaline water along the north branch at Navajo Trail"2, which is the sampling station closest to the project site. Studies conducted in 2003-2004 showed that within the WC-NB area, dissolved oxygen levels were found to be below state standards, while nitrate and ammonium concentrations were highest here, and "these levels were among the highest of all the tidal creek stations sampled"2 (Figure 14 - 2003-2004 Annual Report for Whiskey Creek and Accompanying Map). Whiskey Creek is classified by the Division of Water Quality as SA/HQW waters. SA/HQW (high quality saltwater) waters should support aquatic life, primary and secondary recreational activities (i.e. activities that involve frequent or prolonged skin contact with water) and shellfishing. Such activities are not permitted within the waters of Whiskey Creek, due to the fact that the Creek was classified as an "impaired waterbody" in 2004 and has been closed to shellfishing since 1971 (due to fecal coliform levels)3. Wetlands serve as natural filters and provide many benefits, such as: providing habitat; filtration of impurities; water quality improvement; and flood control. Preservation of this land will provide protection for this significant vital resource in the Cape Fear River basin. In order to insure perpetual protection of the mitigation sites, TSV Developers, Inc., in conjunction with Navaho Investments, LLC, is proposing to protect all remaining on-site wetlands through restrictive covenants. The restrictions will be designed to ensure perpetual preservation of the property and will be held by the respective homeowner association. The only activity that will be permissible within the wetland conservation area will be the authorization to remove diseased, dying, dead, invasive, noxious or nuisance species (Figure 15 - Draft Copy of Preservation Language). Habitat Values Due to the high quality of these wetlands, they provide a number of functions pertinent to wildlife, which migrate through the area seasonally or utilize these areas during a life history stage. These wetlands provide a wildlife habitat corridor in an area where development occupies the majority of the surrounding land. Mammalian species which may utilize the wetlands include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes (red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon), Didelphis Virginian (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents such as the Peromyscus sp. (field mouse). Bird species which may utilize the wetlands include: various species of predatory hawks and owls, as well as smaller bird species such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay), Mimus polyglottos (mocking bird), Cantopus virens (eastern wood pewee), Parus carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It should be noted that this habitat provides excellent migratory and resident song bird habitat and nesting areas. Herpetological species which may utilize the wetlands include: Agkistrodon piscivorus (eastern cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough green snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species likely to be found include: Terrapene carolina (eastern box turtle), Clemmys guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrum (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true frogs) families. Various species of salamanders from the Ambystoma (mole salamanders), Notophthalmus (newts), and Plethodon (wood salamanders) families. Monitoring and Success Criteria To ensure the successful establishment of the restored wetlands, long term monitoring will be required. The hydrologic regime will be monitored, for a five (5) year period, or until the Corps deems the restoration successful. Biannual site visits will be conducted in the spring and fall seasons, and yearly reports will be submitted in the spring. Photographs will be taken on-site, to document the viability of the restored wetland complex. The success criteria of this mitigation site will be based on the 1987 Army Corps of Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets the three wetland parameters outlined in the manual. The site will be deemed successful by meeting the following success criteria for a period of five (5) consecutive years, or until the Corps' deems the restoration successful: Vegetation Vegetation will be introduced into the wetland creation area by transplanting root mat, hydric soil and seed bank from wetland areas to be filled within the project site. Species diversity will be noted during the growing season. Vegetative success will be based on the predominance of FAC+, or wetter, species observed within the wetland creation area. The presence of vegetation and hydric soil, in addition to the reduction in elevation, should produce a dynamic wetland system in the creation area. Hydrology Hydrologic monitoring within the site will consist of determining the position of the water table at various locations in the creation area. A single monitoring well will be installed within each proposed creation area. A total of two (2) wells will be utilized at Willowick. The wells will be installed to a depth of 20 inches and will be sealed with sand and bentonite. These wells will take a daily reading of the water table depth and this data will be processed into graphs and plotted against National Weather Service rainfall data for the area. In order to be considered a viable wetland complex, the plotted data from the monitoring wells must document that the water table is within twelve (12) inches of the surface for at least five percent (5%) of the growing season. According to the New Hanover County Soil Survey, the growing season for New Hanover County occurs between February 27 and November 26. Five percent (5%) of two hundred seventy-one (271) days equals thirteen and a half (13.5) consecutive days'. Should the created wetland meet the aforementioned criteria, in addition to having viable wetland vegetation and hydric soils, the applicants could consider the created wetlands a success. Soils Hydric soils are present at the proposed creation site. It is the applicant's intent to further enhance these soils by excavating to the level of the existing shallow ground water table and introducing the upper soil profiles of the existing wetlands from the proposed impact areas. Establishment of a hydrologic regime and presence of a seed bank from the transplanted soil should help ensure the success at the proposed creation area. Contingency Plan Should the above-referenced creation plan not meet the success standards and specifications set forth by the United States Army Corps of Engineers, the Applicants are proposing to make payment to the North Carolina Ecosystem Enhancement Program in an amount proportionate to compensate for impacts to jurisdictional waters. References 1.) Soil Survey of New Hanover County North Carolina. United States Department of Agriculture, April 1977. 2.) "The New Hanover County Tidal Creeks Program." Michael A. Mallin ETAL, January 2005. http://www. uncwil.edu/crosr/aguaticecology/TidalCreeks/AnnuaiRgports/2003- 2004/Whiskey.htm 3.) "The State of Water Quality in Wilmington: One of the Cities Most Valuable Resources. A State Environmental Report." Misty Fedoroff, June 2006. http://www.wilmingtonnc.sov/Portals/0/deviserv/soe06 waterqual 052006 pdf#search= %22whiskey%20creek%20sa%20hgw%22 4' i .-'S'S .�.., •,�Udl"a4P. :S'i��w\ !!.... '.� 1 I,.5t i., , I I I i i I ' I I, IJ fi�tc,. rr;l1o.t ' �l�C�y ri' /J�hY`�l 1(t%�� .(S''� a •�' I,p � t'"- t. _ - I r � 1 4 f ` ♦N { +1(�/A �' �! ,11114 1 � V. ,. .. 1 +` J''��r CE '�W" � -.�,, _ ti /lt..� w"`". / a � '�w;+w•,nq� I? r 12.0 Whiskey Creek r arc 1 u1 G Sampling of Whiskey Creek began in August 1999. Five stations were chosen; WC-M (at the marina near the creek mouth), WC-AB (off a private dock upstream), WC-MLR (from the bridge at Masonboro Loop Road), WC-SB (in fresh to oligohaline water along the south branch at Hedgerow Lane), and WC-NB (in fresh to oligohaline water along the north branch at Navajo Trail - Fig. 12.1). Dissolved oxygen concentrations were below the State standard on two of 12 occasions at WC-MLR and WC-NB in 2003-2004 (Table 12.1). Turbidity was within state standards for tidal waters on all sampling occasions except for November 2003 at WC-SB (Table 12.1; Appendix B). There were no algal blooms during this period; chlorophyll a concentrations were usually low (Table 12.1). Nitrate concentrations were highest upstream at WC-NB, followed by WC-SIB (Table 12.2), similar to previous years. Ammonium levels were highest at WC-NB and WC-SB, and these levels were among the highest of all the tidal creek stations sampled. Phosphate concentrations were highest in the middle of the creek at WC- MLR and WC-AB. Phosphate, ammonium and nitrate at WC-MB were highest among all creek mouth stations in the tidal creek system. Fecal coliform bacteria were not sampled in 2003- 2004. Whiskey Creek is presently closed to shellfishing by the N.C. Division of Marine Fisheries. Table 12.1. Water quality summary statistics for Whiskey Creek, August 2003-July 2004, as mean (st. dev.) / range Salinity Dissolved oxygen Turbidity Chlor a (ppt) (mg/L) (NTU) (µg/L) WC-MB 29.7 (3.5) 7.8 (2.0) 5(3) 2.0 (1.2) 20.6-35.0 5.3-11.0 1-13 0.6-4.8 WC-AB 27.3 (4.1) 7.9 (2.2) 7(5) 1.6 (1.1) 17.1-33.1 5.4-11.1 1-18 0.5-3.9 WC-MLR 24.1 (5.8) 7.7 (2.4) f d >,: 9(7) 2.3(2 ' 2) y 12.5-32.6 4.4-11.4 „ 1-24 0.5-6.5 WC-SB 0.1 (0.0) 7.7 (1.2) 14(29) 0.4 (0.2) SF,) 0.0-0.2 6.4-10.1 3-104 0.1-0*40 20 WC-NB 0.2 (0.0) 6.8 (2.1) 6(3) 0.3(0.2) 0.1-0.2 3.6-10.2 3-12 0.1-0.8 Table 12.2. Nutrient concentration summary statistics for Whiskey Creek, August 2003- July 2004, as mean (st. dev. ) / range, N/P ratio as mean / median. Nitrate Ammonium Phosphate Molar N/P ratio (mg/L) (mg/L) (mg/L) WC-MB 0.025 (0.023) 0.028 (0.022) 0.011 (0.005) 10.3 http://www.u ncwil.edu/crosr/aq uaticecology/TidalCreeks/AnnualReports/2003-2004/Whis... 7/18/2006 raguzofz it, 0.006-0.086 0.008-0.082 0.007-0.022 9.9 WC-AB 0.034 (0.030) NA 0.015 (0.007) NA 0.004-0.100 0.007-0.028 WC-MLR 0.036 (0.028) 0.043 (0.035) 0.014 (0.008) 18.1 0.004-0.095 0.008-0.113 0.002-0.030 9.3 WC-SB 0.063 (0.037) 0.101 (0.020) 0.003 (0.001) 149.7 0.023-0.165 0.070-0.132 0.002-0.005 153.3 WC-NB 0.196 (0.062) 0.113 (0.071) 0.007 (0.004) 114.3 0.081-0.284 0.060-0.317 0.003-0.016 101.3 http://www.uncwil.edu/crosr/aquati cecology/TidalCreeks/AnnualReports/2003-2004/Whis... 7/18/2006 It ----. -.,..... -11 Now Hanover County and the City of Wilmington UNCW Water Quality Monitoring Stations Center for Marine Science Aquatic Ecology Laub http://www.uncwil.edu/crosr/aquaticecology/Tida]Creeks/Map.htm Yage oil i 7/19/2406 STATE OF NORTH CAROLINA DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER FOR WILLOWICK This Declaration, Made the day of 2006, by hereinafter referred to as "Declarant" or "Developer" for the purposes hereinafter stated; WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as WILLOWICK, which is shown on a plat (the "Plat") recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book Page , to which reference is made for a more particular description (the "Property"). NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the AAct@), as well as the following easements, restrictions, covenants, and conditions. ARTICLE I. DEFINITIONS In addition to other terms defined herein, the following capitalized terms shall have the following meanings as used herein: SECTION 1. Additional Propert y shall mean and refer to any lands, in addition to the above described Property, annexed to and made a part of the Planned Community, whether such lands are now owned or hereafter acquired by Declarant or others, and whether developed by Declarant or others. SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in the Association allocated to each Lot. SECTION 3. Association shall mean and refer to Willowick Homeowners' Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4. Common Elements shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned or enjoyed by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, including, without limitation, any private roads and storm water retention ponds within the Planned Community. Common Elements shall also include any areas designated on any plats for the Planned Community as "Open Space", "Common Area", "Common Element", "Recreation Area", "Amenity Area", "conservation area(s)", or other similar designation. SECTION 5. Common Expenses means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. SECTION 6. Common Expense Liability means the liability for Common Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise. SECTION 7. Declarant shall designations shall include singular, context) and shall mean and refer to. be used interchangeably with Developer (which plural, masculine and neuter as required by the its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant or a Lot not previously disposed of for the purpose of development and reserves or succeeds to any Special Declarant Right. SECTION 8. Declarant Control Period shall have the meaning set forth in Article III hereof. SECTION 9. Declaration shall mean this instrument as it may be from time to time amended or supplemented. SECTION 10. Executive Board or Board shall be used interchangeably with the Board of Directors and means the body, regardless of name, designated in this Declaration or otherwise to act on behalf of the Association. SECTION 11. Limited Common Elements shall mean areas and facilities within any Lot which are for the exclusive use of the Lot Owner but which the Association is obligated to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall consist of (if none, so state). SECTION 12. Lots shall mean and refer to any portion of the Planned Community designated for separate ownership by a Lot Owner. SECTION 13. Lot Owner or Owner shall mean the Declarant or other Person who owns a fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 14. Master Association means a master association as defined in the Act. SECTION 15. Person means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, or agency or other legal or commercial entity. SECTION 16. Planned Community shall mean and refer to the Property plus any Additional Property made a part of the Planned Community by the exercise of any Special Declarant Right. SECTION 17. Purchaser means any Person, other than the Declarant or a Person in the business of selling real estate for the purchaser=s own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for an obligation. SECTION 18. Reasonable Attorneys= Fees means attorneys= fees reasonably incurred without regard to any limitations on attorneys= fees which otherwise may be allowed by law. SECTION 19. Special Declarant Rights means rights reserved for the benefit of the Declarant including without limitation the right (i) to complete improvements intended or planned by Developer for the Property or Additional Property; (ii) to exercise any development or other right reserved to the Declarant by this Declaration or otherwise; (iii) to maintain within the Planned Community sales offices, management offices, construction offices/trailers, signs advertising the Planned Community, and models; (iv) to use the Common Elements for the purpose of making improvements within the Planned Community; (v) to make the Planned Community part of a larger planned community or group of planned communities; (vi) to make the Planned Community subject to a Master Association; (vii) to appoint or remove any officer or Executive Board member of the Association or any Master Association during the Declarant Control Period or (viii) to permit other land to be annexed to and made part of the Planned Community in accordance with the terms of this Declaration. SECTION 20. Stormwater Permit shall mean State Stormwater Permit # issued by the North Carolina Division of Water Quality (DWQ), Department of Environment and Natural Resources (DENR). ARTICLE II. PROPERTY RIGHTS AND EASEMENTS SECTION 1. Owners' Property Rights and Easement of Enjoyment. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association may make and amend reasonable rules and regulations governing use of the Common Elements by the Owners; (b) The Association may grant a security interest in or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by at least eighty percent (80%) of the Members, excluding the Developer; provided, however, that the Association may without the consent of the Owners grant easements, leases, licenses and concessions through or over the Common Elements. No conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of access or support. SECTION 2. Easements in Favor of Declarant and the Association. The following easements are reserved to Declarant and the Association, their agents, contractors, employees, successors and assigns: (a) easements as necessary in the lands constituting the Common Elements and the rear, front and side ten feet of each Lot for the installation and maintenance of utilities and drainage facilities (including the right to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of the county where the Planned Community is located; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance; and the right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the Owner of such Lot). No structures or plantings or other material shall be placed or permitted to remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion. These easement areas (whether or not shown on the recorded plats for the Planned Community) but not the improvements within such areas shall be maintained by the respective Owner except those for which a public authority or utility company is responsible. (b) easements over all private streets, if any, access easements, and Common Elements within the Planned Community as necessary to provide access, ingress and egress, to and the installation of utilities for any Additional Property. (c) an easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Elements located thereon, if any, at all reasonable times to perform any maintenance and repair to the Limited Common Elements required by this Declaration. SECTION 3. Other Easements. The following additional easements are granted by Declarant: (a) an easement to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Elements in the performance of their duties. (b) in case of any emergency originating in or threatening any Lot or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person authorized by it, shall have the immediate right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners. (c) the Association is granted an easement over each Lot for the purposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4. Nature of Easements. All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in the Planned Community, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III. HOMEOWNERS' ASSOCIATION SECTION 1. Formation of Association. The Association shall be incorporated no later than the date the first Lot in the Planned Community is conveyed. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and any Limited Common Elements in accordance with this Declaration, its Charter and Bylaws The Association shall be empowered to perform and/or exercise those powers set forth in the Act as it may be amended from time to time, in addition to any powers and authority otherwise granted to it. SECTION 2. Membership. Every Lot Owner shall be a Member of the Associa- tion. Membership shall be appurtenant to and may not be separated from Lot ownership. SECTION 3. Voting Rights. 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 case with respect to any Lot. Fractional voting with respect to any Lot is prohibited. Class B. The Declarant shall be a Class B Member 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 any of the following events, whichever occurs earlier: (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership; or (b) on ; or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. The period during which there is Class B Membership is sometimes referred to herein as the "Declarant Control Period". During the Declarant Control Period, the Declarant shall have the right to designate and select the Executive Board of the Association and the right to remove any person or persons designated and selected by the Declarant to serve on the Executive Board, and to replace them for the remainder of the term of any person designated and selected by the Declarant to serve on the Executive Board who may resign, die, or be removed by the Declarant. SECTION 4. Government Permits. After completion of construction of any facilities required to be constructed by Declarant pursuant to permits, agreements and easements for the Planned Community, all duties, obligations, rights and privileges of the Declarant under any water, sewer, stormwater and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, shall be the duties, rights, obligations, privileges and the responsibility of the Association, notwithstanding that such agreements, easements or permits have not been assigned or the responsibilities thereunder specifically assumed by the Association. There are additional provisions made in this Declaration concerning stormwater facilities and the Stormwater Permit. SECTION 5. Common Elements. The Association shall at its sole cost and expense be responsible for the operation and maintenance of each Common Element within the Planned Community form the date of completion of its construction or improvement by the Developer, whether or not (i) such Common Element has actually been deeded to the Association, or (ii) any permit issued by a governmental agency to Declarant for the construction and operation of the Common Element has been transferred from the Declarant to the Association or assumed by the Association. If the Declarant is required by any government agency to provide any operation or maintenance activities to a Common Element for which the Association is liable to perform such operation and maintenance pursuant to this section, then the Association agrees to reimburse the Declarant the cost of such operation and maintenance within 30 days after Declarant renders a bill to the Association therefor. The Association agrees to levy a Special Assessment within 30 days of receipt of such bill to cover the amount thereof if it does not have other sufficient funds available. Declarant shall be entitled to specific performance to require the Association to levy and collect such Special Assessment. SECTION 6. Insurance. The Executive Board on behalf of the Association, as a Common Expense, may at all times keep the Common Elements and other assets of the Association, if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. At a minimum, the Executive Board shall maintain the insurance coverages required by the Act. SECTION 7. Architectural Control Committee. The Executive Board shall perform all duties of the Architectural Control Committee if no such committee is appointed by it, subject, however, to the Special Declarant Rights. Any Architectural Control Committee appointed by the Executive Board shall consist of at least 3 members. ARTICLE IV. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot Owner covenants and agrees to pay to the Association the following assessments (collectively the "Assessments"): A. Annual Assessments; B. Special Assessments; C. Insurance Assessments; D. Ad Valorem Tax Assessments; and E. Working Capital Assessments. The 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 respective Lot against which the Assessments are 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 Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Planned Community and for the maintenance, repair, improvement and replacement of the Common Elements and any Limited Common Elements. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Operations, maintenance and improvement of the Common Elements, and any Limited Common Elements, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmental charges; establishing working capital; paying dues and assessments to any organization or Master Association or other association of which the Association is a member; and in addition, doing any other things necessary or desirable as determined by the Executive Board to keep the Common Elements and Limited Common Elements in good operating order and repair. SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year of the Association. Within 30 days after adoption of the proposed budget for the Planned Community, the Executive Board shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification, including a statement that the budget may be ratified without a quorum. The budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board. The Annual Assessment for each Lot shall be established based on the annual budget thus adopted; provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The date in each Fiscal Year upon which the Annual Assessment shall become due and payable shall be established by the Executive Board. The Executive Board shall have the authority to require the Assessments to be paid in periodic installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. SECTION 4. Special Assessments. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the following purposes: A. To defray, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements and any Limited Common Elements, including fixtures and personal property related thereto, provided that any such Special Assessment shall have the assent of two-thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of any meeting of Owners called for the purpose of approving such Special Assessment shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. B. Without a vote of the Members, to provide funds to reimburse the Declarant as provided for in Article III, Section 5, hereof. SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by the Executive Board or its designee and any deductibles payable by the Association upon loss shall be a Common Expense, and the Association may at any time levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment. SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may at any time of year levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay ad valorem taxes not included as a component of the Annual Assessment. SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed to an Owner by Declarant, the Owner shall pay the sum of $ to the Association as working capital to be used for operating and capital expenses of the Association. Such amounts paid for working capital are not to be considered as advance payment of the Annual or any other Assessments. SECTION 8. Rate of Assessment. The Association may differentiate in the amount of Assessments charged when a reasonable basis for distinction exists, such as between vacant Lots of record and Lots of record with completed dwellings for which certificates of occupancy have been issued by the appropriate governmental authority, or when any other substantial difference as a ground of distinction exists between Lots. However, Assessments must be fixed at a uniform rate for all Lots similarly situated. SECTION 9. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. The Association may also establish and collect late fees for delinquent installments. SECTION 11. Lien for Assessments. The Association may file a lien against a Lot when any Assessment levied against said Lot remains unpaid for a period of 30 days or longer. (a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record in the office of the Clerk of Superior Court of the county in which the Lot is located. The Association may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines, interest, and other charges imposed pursuant to Sections 47F-3-102, 47F-3-107, 47F-3-107.1 and 47F-3-115 of the Act are enforceable as Assessments. (b) The lien under this section shall be prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. (c) The lien for unpaid assessments is extinguished unless proceedings to enforce the tax lien are instituted within three years after the docketing of the claim of lien in the office of the Clerk of Superior Court. (d) Any judgment, decree, or order in any action brought under this section shall include costs and reasonable attorneys' fees for the prevailing party. (e) Where the holder of a first mortgage or deed of trust of record, or other purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common Expenses collectible from all of the Lot Owners including such purchaser, its heirs, successors and assigns. (f) A claim of lien shall set forth the name and address of the Association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. ARTICLE V RIGHTS OF DEVELOPER The Declarant shall have, and there is hereby reserved to the Declarant, the Special Declarant Rights as herein defined and the following rights, powers and privileges which shall be in addition to the Special Declarant Rights and any other rights, powers and privileges reserved to the Declarant herein: SECTION 1. The Architectural Control Committee/Executive Board. All duties and responsibilities conferred upon the Architectural Control 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 within the Property or any Additional Property. The Declarant shall be entitled during the Declarant Control Period to appoint and remove the officers and members of the Executive Board. SECTION 2. Plan of Planned Community. The right to change, alter or re- designate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Planned Community including, but not limited to, the right to change, alter or re-designate road, utility and drainage facilities and easements and to change, alter or re-designate such other present and proposed amenities, Common Elements, or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re-plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots; to further subdivide tracts or Lots shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from such recombination shall be treated as one Lot for purposes of Assessments); to eliminate from this Declaration or any plats of the Planned Community Lots that are not otherwise buildable or are needed or desired by Declarant for access or are needed or desired by Declarant for use as public or private roads or access areas, whether serving the Planned Community or other property owned by the Declarant or others, or which are needed for the installation of utilities, Common Elements or amenities, and to take such steps as are reasonably necessary to make such re-platted Lots or tracts suitable and fit as a building site, access area, roadway or Common Elements. The Declarant need not develop, or develop in any particular manner, any lands now owned or hereafter acquired by the Declarant, including any lands shown on plats of the Planned Community as "Future Development". Any such lands shall not be subject to this Declaration unless Declarant expressly subjects them hereto by filing of a supplemental declaration in the Register of Deeds office of the county where the Planned Community is located. Declarant is required by DWQ to state herein the maximum allowed built-upon area for all lots which Declarant has planned to develop within the Planned Community. By listing the maximum built-upon area herein for all such lots, Declarant does not obligate itself to develop in any particular manner or for any particular uses any lands now owned or hereinafter acquired by Declarant which are not shown on the recorded plats referenced herein. SECTION 3. Amendment of Declaration by the Declarant. This Declaration may be amended without Member approval by the Declarant, or the Board of the Association, as the case may be, as follows: A. In any respect, prior to the sale of the first Lot. B. To the extent this Declaration applies to Additional Property. C. To correct any obvious error or inconsistency in drafting, typing or reproduction. D. To qualify the Association or the Property and Additional Property, or any portion thereof, for tax-exempt status. E. To incorporate or reflect any platting change as permitted by this Article or otherwise permitted herein. F. To conform this Declaration to the requirements of any law or governmental agency having legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Department of Veterans Affairs, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. The Declarant may at any time amend this Declaration to change the maximum allowable built-upon area as permitted by DENR. Notwithstanding anything else herein to the contrary, only the Declarant, during the Declarant Control Period, shall be entitled to amend this Declaration pursuant to this Section. SECTION 4. Annexation of Additional Property. Declarant may annex to and make a part of the Planned Community any other real property, whether now owned or hereafter acquired by Declarant or others, and whether developed by the Declarant or others (the "Additional Property"). Annexation of Additional Property to the Planned Community shall require the assent of 67 percent of the Class A Members who are voting in person or by proxy at a meeting called for this purpose; provided, however, Additional Property may be annexed to the Planned Community without the assent of the Members so long as the Additional Property is used for residential purposes, roads, utilities, drainage facilities, amenities, and other facilities not inconsistent with residential developments ARTICLE VI. USE RESTRICTIONS. ARCHITECTURAL CONTROL AND MAINTENANCE SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors 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 Architectural Control Committee. If the Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and full compliance with this Article will be deemed to have occurred . Refusal or 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 Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Architectural Control Committee for its records. The Architectural Control Committee shall not be responsible for any structural or other defects in plans and specifications submitted to it or in any structure erected according to such plans and specifications. SECTION 2. Minimum Standards for Site Improvements. A. Each dwelling shall have a minimum of * square feet of enclosed, heated dwelling area; provided, however, the Architectural Control Committee may permit a dwelling to have a minimum of * square feet if the Committee in its sole discretion finds that the variance will not adversely impact property values within the Planned Community. The term "enclosed, heated dwelling area" shall mean the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open/screened porches, and like areas. 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 considerations, no specific setback lines shall be established by this Declaration. 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 Architectural Control Committee; provided, however, that no structure shall be constructed closer to a Lot line than is permitted by applicable governmental regulations. C. The exterior of all dwellings and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency, natural calamities, or the complexity of design and construction. D. All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Architectural Control 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 and newspaper boxes shall be uniform in design. Design of mail and newspaper boxes shall be furnished by the Architectural Control Committee. Fences shall be permitted on any Lot; provided, however, that the design, placement, and materials of any fence are approved by the Architectural Control Committee. Clotheslines are not permitted on any Lot. E. 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 turf stone, or any other material approved by the Architectural Control Committee. F. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be clear, white or non-frost lights or bulbs. SECTION 3. Use Restrictions. A. Land Use And Building Type. No Lot shall be used for any purpose except for residential purposes, subject, however, to the rights of the Declarant contained herein. All numbered Lots are restricted for construction of one single family dwelling (plus, a detached garage, if there is not one attached to the residence, and such other accessory buildings as may be approved by the Architectural Control Committee). B. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may 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 as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole or the specific area. C. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Architectural Control Committee. D. Vehicles/Boats. No boat, motor boat, personal water craft, camper, trailer, motor or mobile homes, tractor/trailer, construction equipment or similar type vehicle/equipment, shall be permitted to remain on any Lot or on any street at any time, without the written consent of the Association. No inoperable vehicle or vehicle without current registration and insurance will be permitted on any Lot, street or Common Element. All lawn maintenance equipment shall be stored, when not in use, in a method so as not to be visible from the street. The Association shall have the right to have all such vehicles boats or equipment towed away at the owner's expense. No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas and not visible from the street. E. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that domesticated dogs, domesticated 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, are at all times kept properly leashed or under the control of their owner and do not become a nuisance. F. Statuary, TV Satellite Dishes and Outside Antennas. No yard statuary or TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Architectural Control Committee; provided, however, satellite dishes not over 18" in diameter which cannot be seen from the street are permitted. G. Construction in Common Elements. No Person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Association. H. Signs. No signs (including "for sale" or "for rent" signs) shall be permitted on any Lot or in the Common Elements without permission of the Executive Board; provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale signs on Declarant's Lots and maintain signs on the Common Elements advertising the Plannned Community. 1. Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the Declarant Control Period and thereafter by the Executive Board. SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat and in good condition and repair. All shrubs, trees, grass and plantings shall be kept neatly trimmed and properly cultivated. In the event that any maintenance activities are necessitated to any Common or Limited Common Element by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may be added to and become a part of the Annual Assessment levied against said Owner's Lot. Section 5. The areas shown as 18.04 acres of jurisdictional wetlands less and expecting a 0.35 acre portion used for wetland crossing on that plat prepared by Coastal Site Design dated of Willowick, and recorded in Map Book at Page of the New Hanover County Register of Deeds shall be maintained in perpetuity in their natural condition. No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove any vegetation except for removal of dead, dying or diseased vegetation or trees and noxious or poisonous vegetation as permitted under Section 6 of this Article; nor construct any structures, nor allow animal grazing or watering or any other agricultural use on such wetlands. This covenant is intended to ensure continued compliance with the authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID 200400550 & 200600561 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 5 of Article VI will require written consent of the U.S. Army Corps of Engineers. Section 6. The wetland map referred to in Section 5 of this Article designates the Wetland Preservation Area. Notwithstanding the provisions of Section 5 of this Article, pile supported structures on the Wetland Preservation Area will be permitted at areas as designated on the wetland map referred to above. In addition, notwithstanding Section 5 of this Article with respect to the areas in the Wetland Preservation Area, the following activities will be permitted 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 not requiring permits pursuant to 33 CFT 323.3. SECTION 7.0gen Space. The land shown on the above referenced south of Lot 76 and marked "Open Space" is restricted for use as open space and no structures or other improvements, other than landscaping and irrigation, shall be placed or maintained upon such space. ARTICLE VII STORMWATER PERMIT/FACILITES SECTION 1. Stormwater Permit. The Association and each of its Members agree that at anytime after (i) all work required under the Stormwater Permit has been completed (other than operation and maintenance activities), and (ii) the Developer is not prohibited under DENR regulations from transferring the Stormwater Permit for the Planned Community to the Association, the Association's officers without any vote or approval of Lot Owners, and within 10 days after being requested to do so, will sign all documents required by DENR for the Stormwater Permit to be transferred to the Association and will accept a deed conveying such facilities to the Association (if not already deeded); provided, however, that at the time the Developer requests that the Association accept transfer of the Stormwater Permit, the Developer has delivered to the Association a certificate from an engineer licensed in the State of North Carolina, dated no more than 45 days before the date of the request, that all stormwater retention ponds, swales and related facilities are constructed in accordance with the plans and specifications therefore. If the Association fails to sign the documents required by this paragraph or to accept a deed conveying such facilities, the Developer shall be entitled to specific performance in the courts of North Carolina requiring that the appropriate Association officers sign all documents necessary for the Stormwater Permit to be transferred to the Association and accept a deed conveying such facilities to the Association. Failure of the officers to sign as provided herein shall not relieve the Association of its obligations to operate and maintain the stormwater facilities covered by the Stormwater Permit. SECTION 2. Stormwater Facilities Operation and Maintenance. Any stormwater retention ponds and related facilities for the Planned Community which have or are to be constructed by or on behalf of Declarant constitute Common Elements and, subject only to the provisions of Section 3 of this Article VII, the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities. Such operation and maintenance shall include, but not be limited to, compliance with all of the terms and obtaining any renewals of the Stormwater Permit. Except as provided in Section 3 of this Article VII, the Association shall indemnify and hold harmless the Developer form any obligations and costs under the Stormwater Permit for operation and maintenance of the stormwater retention ponds and related facilities. SECTION 3. Damage to Storm Water Facilities. The Declarant shall at its sole cost and expense be responsible for repairing any damage to storm water facilities caused by the Developer=s development activities. The Developer shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of residences or other activities by Owners, their agents and contractors, upon their Lots, acts of God, and the negligence of others. Lot Owners shall be responsible for damages to such stormwater facilities caused by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall within 30 days after receipt of notice of damage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by the storm water plans and specifications for the Planned Community. If the Lot Owner fails to do so within said 30-day period, the Association shall perform the work and the cost of the work shall be added to the Annual Assessment due from the Lot Owner. SECTION 4. Enforcement Of Storm Water Runoff Regulations. The Property is subject to certain restrictive covenants imposed by the North Carolina Department of Environment and Natural Resources, Division of Water Quality, which are set forth in Exhibit A. attached hereto and incorporated herein by reference. The attached restrictive covenants, among other things, limits the built upon area permitted on each Lot. ARTICLE VIII LOTS SUBJECT TO DECLARATION/ENFORCEMENT SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in this Declaration are for the purpose of protecting the value and desirability of the Planned Community and the Lots. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, their heirs, successors and assigns, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless terminated by the Lot Owners. SECTION 2. Enforcement and Remedies. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles of Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise provided for herein concerning the collection of Assessments, the following remedies shall be available: A. Association to Remedy Violation. In the event an Owner (or other occupant of a Lot) is in violation of or fails to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive Board, after 30-days notice, may enter upon the Lot and remedy the violation or perform the required maintenance or other activities, all at the expense of the Owner. The full amount of the cost of remedying the violation or performing such maintenance or other activities shall be chargeable to the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall be due and payable within 30 days after Owner is billed. If not paid within said 30 day period, the amount thereof may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. In the event that any maintenance activities are necessitated to any Common or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. B. Fines. The Association may in accordance with the procedures set forth in the Act establish a schedule of and collect fines for the violation of this Declaration or of the Association=s Articles of Incorporation, Bylaws or Rules and Regulations. If an Owner does not pay the fine when due, the fine shall immediately become a part of and be added to the Annual Assessment against the Owner's Lot and may be enforced by the Association as all other Assessments provided for herein. C. Suspension of Services and Privileges. The Association may, in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of access to Lots) for any period during which any Assessments against the Owner's lot remain unpaid for at least 30 days or for any period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or Rules and Regulations. SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are in addition to any other remedies provided by law. ARTICLE IX. GENERAL PROVISIONS SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Planned Community or the property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in the payment of Assessments or charges owed by any Owner of any property which is security for the loan, (f) receive written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the content of a specified percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. SECTION 3. Utility Service. Declarant reserves the right to subject the Property to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, impact fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Lots. In the alternative, the Developer may collect such connection, impact and other fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the companies/governmental units servicing the Planned Community. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Architectural Control Committee. SECTION 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 5. Amendment of Declaration. Except in cases of amendments that may be executed by the Declarant under this Declaration or by certain Lot Owners under Section 47F-2-118(b) of the Act, this Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the Declarant if necessary for the exercise of any Special Declarant Right or development or other right reserved to the Declarant herein. SECTION 6. FHA/VA AQproval. So long as there is Class B membership, annexation of Additional Properties, dedication of Common Elements and amendments to this Declaration must be approved by the Federal Housing Administration and/or the Department of Veterans Affairs, as the case may be, if either of those agencies has approved the making, insuring or guaranteeing of mortgage loans within the Planned Community. SECTION 7. North Carolina Planned Community Act. It is the intent of the Declarant to comply with the requirements imposed on the Planned Community by the Act and to the extent any of the terms of this Declaration violate the Act, the terms of the Act shall control. IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed in its corporate name by its president pursuant to authority of Declarant's Board of Directors as of the day and year first above written. By: STATE OF _ COUNTY OF I, , a Notary Public, certify that personally came before me this day and acknowledged that he/she is the President of , a corporation, and that he/she, as President, being authorized to do so, executed the foregoing on behalf of said corporation. Witness my hand and seal, this the day of , 20 My commission expires: Notary Public (SEAL) F I I GS O F rte' 9 ,OY1 Q??l Ah m Fib Ir, t Pte:' Y?'I ?V?,.. ICY 114 ?F? a`ic ?; +t t?t tUl r r- ?e iti A t ate, .v� r."v �• Jrvs t � 14 ' ' �^r �. - '.V f , . Y �.iwr � r t 41 r a � , •� % � i:.+`��y, �S �� r �v?� �� em ��..� .1\\.4• ��•'�/' ., '�• .����,r :� 9E Fra ��'6^.k y} %, t`{�i�1 _r "c ,. � a wF7'Y/ =i�.r M � .�c"+i�y .✓r� � 1 ®�i r .i• t red WIWI j„ .•• 'sok' ✓ C" + .. r � J f'• w w, t 31 �, i,�; : VI `^r/ f• '/ +r ,fit ��j �v "Yr�.i M w by .°. � �` / �• v r� Wi} T ��i ,rf i' it r �S\ "K T.._�,. } - �. '^ � _ i' , ty k :�.,5 1,! i`1. .£1. .•fir �� 'a Ywy de � It y^C` J;a • � i" v f4R � 4a�15. ��y%��� � 4 � �.r� grr 51I ; ,yc� �1 •,q �.f..L.! � -� � `r:-�, � ,�{{ ,, � iE r �,r i,t! i ,�7.Ft�::i:S 9i• �_e.. r:YiC._�`•\, St!_�ri��� �-2Y, w-,t•�_r.s_.�.,...4 �.:�1.1 �4...��!!?�.►t• i• �4€tik _ _"� �'f'. T.. �±4 Y�'r- rr rl :y ,v 's 1 'Yf Y ?i?T ?l w ak, r.;r lk 1 sl? p ?.n r„ k? ' .. �• .. 1\ - ��},�� E� �' yip,. •" INI r 1 10 Nf, • . �a tse -- - r r - 4%Nye 7'F3.1 .tyv t�� l ysi i�l \\Vj•'�y �. / - • ' ,. �� ` �` .; . i x; .. -� Nom• ` �' NOT TO SCALE ~s >4 100 50 0 100 200 300 u.& Pin ~ ~pj NANO' ~ SCALE IN FEEL• 1 100' US 7g I f%~„ , ti ~ - ~ N l eons, ~ .'Nag U gS 2~e ~ Z '"E'armac •95. F SYS 1• HEW HANObER COUNTY PARCEL NOS: ~t A Y8 Slff ~ r ~ le R07200-007-030-000 ~ R07200-007-031-000 2 I NAYAyp IRAQ ~ , ~ ~ 2 TOTAL TRACT AREA: NORTH TRACT = 1,102155 SF (39.06 AI; ) 682 ~ ~ :5~.. / , ~ ~ ~ ~ j~ :~I SOUTH TRACT = 1,741,964.4 (39,99 AC.) MWSI~yq~ r r ~ I ~2 ~ \vF •~~q~ TOTAL AREA = $444,119.4 SF (79.07 AC) 3 Ek1STiNG ZAWNC DISTR1Ci• R-15 rL,~ ~ N3g~, p~ V i 4. LAND CUSSiFlCATiON: RESOURCE PROTECTi(MJ ENGINEERING 75 fT AEC SElBACJ( ~i 92~, - i"~i ' f ~ , S TREE REMOVAL PERMIT 1O BE A9TAINED. LAND PLANNING 25 fT PERIIIE>ER BfIFFER ~ s. LANDSCAPE SANS ro ~ PROwDEO BY OTHERS COMMERCIAL RESIDENTIAL r6 o ~ N3g - , 1. THI5IRACT IS LOCA>fD NV ZONE 'C° ACCORDING TO THE FEDERAL EMERGpVCY MANAGEMENT AGENCY'S P.O. Box 4041 ' s~ ~s ~ ~~22. FLOOD M~SURANCE RA1E YAP, CAIMN/FUTY PANEL Wilmin tan, NC 28406 NOR~IA1 M(;fll WATER LINE ~ % ~ NUMBER 3701s8 0090 ~ DATED: 9-3-92 9 (910) 791-4441 / ~SS 'S X63 8. SqE ADDRESS fS 1300 NAVAHO TRAIL 9• NCDENR/bIHJ STOPoIWAIER YANA(~IlENT PERMIT ~QUiRED ~ 9 ~ AND TO ~ CBTAMIED. ~ ~ E s2s~3, 10. NEW HANOVER COUNIY/NCDENR/1OS SEDfYENTATtAN & EROSION ~A~ ~ A y~ ~ ; ~~W / ~ S t, ~ _ o8"w CONTROL PERMIT REQU<!rf'D AND TD ~ OBTAINED. ~ b ~ a ` - ii. ~NLDfNG USE IS FOR SINGLE-FAYH.Y HOU57NG 0 ~ m ° ~6 e ~ ~ s c~.49s.16' , , 12 THIS SIZE IS PROPOSED i0 ~ A CLUSTER DEVElOPYENT. ~ o ~~a l ' - - - . iJ UNNAI~D STREETS TO BE NAMED PENDNVG APPROVAL FRAIi ~ ~ ~ ~ _ _ FRANCES DONNS GIS ANALYST/p>Y ADDRESS COARDMIATOR Q ' ' m~ ~ . 5 • ~ ~ q~ , ~ ~ s8 ~ ~ ~ _ m~ 2 ,q o~ ~ 9~, F~ ~ ~ ~6 ' ~F~ E ~.e`~ S6 TSB 9 ~ NOTE: POND 80»DY FlNiSHED ELEVATIONS To ~ HIGHER THAN ADJAL~iVT NEiIAANDS ~ V w$ ~ ~ - ~ ~ a ® ° NOIE• COASTAL NETlAMDS AND NLY~{IAL HIGH WATER LINES FLAGGED BY > ~ $ - o;o ~ / o , ~ SOUTf~V ENNRONYEMTAL C170UP, INC. AND VERIFIED BY ~ ~ x ~ E E \ ; ! A \ SR ~ ' ~ ® ~ - PATRipA ROBERI5, LPO FAR NEW HANOVER COUNTY. W a ~ J E ~E E ` E . E , E~ F ~l / 3O FT IJE 1S _ - t+J ~ ~ . w 25,E PERIMETER ~ r ~ - ~m~~ 0° S.. ~.EV P S / E , ~ ~ ~ E ~ ~ 1 _ ~~E\ \ 'o ~ ~ 4 , ~ ~ ~ ~ ~ as°z ~ 2 ~ J~ !1 a o / ~ v ~\E • ~ . ~ ~ ~S 3 ~ .A _ E ~ E~~ _ 7 - ~ J~ f r 3 ~6a~ ~ r ~ E\ ~E :~V fl ~ 7 ~e ti ~ E \ ~ SO S ~ A i AF~~ ~6 ~ ~'~o~ ~aa ~sr ~ . ~ . o a ~ d ,`~~1 ~~'`E E ~ r ~ , I ~~F , SiC)N41WATfR g r C S 82 s c s ~ ~V A ~ ~ ~~g. ~ ~ r gyn. ~ ~ \ . l ~ T ~ 9 ~G~ ~ ~ ~ rBY `~.E ` i E` ~ Ei + + - ~~EG / ~ ~ V iE ,E~ ~ ~ 75 fT AEC SETBACK ~ ~ E`--, ~ :E~ ~ ~ ~ 1~ PN . 5 FF ~ + + + J.z . t \ + } + + _ `~i / \Ev , ~ ALK ~ , + } + ~ STORIIWAIER ~\E ~ ~ ~ ~Aj / ~ POI~J ~ ~ ~ fi } + +i , Ea ~j E ~i 1 0 ~ a` 7 ~ ~ ~ ' Og ~ ~E~ : ~ As _ B + + + + + + + ~ ~ ~s ~ ~ ~ ~ l ` ~.E ~ ~ E ~ < ~ . S } + + } t ~ ~~S ~ ~ ~ + k + ± + + ~ lj 3O fT DE I~ `e' `E`~ ~ 30 FT D~ I ~2,i~~ SF~ 014+1~C.~~ ~ 30FTDE ~ E;~.e + + + + ~ ~ o ~ ~I! ~ ~ ~ " ~ ~ 30 FT DE ~ r s ~ ~~I 08 I~E~ ~ e L>' E, E, E c~ d1f, A - j A k-v . E ~ { + _ e~ ` ~ F - ~ ~\E~ ~ + + + + ~ vE', } ~ ~ + r I 25 FT PERIYE1ER ~ r .E- ~E ~ ~ - E + + 4 Z ~ U ~ i ~ ~ ~ STNEA~Y rr11PACT E E . F E , ,e + 't BUFFER a Z ~E _ ~ G~ F I ~ a ~ . ~ ~ ~ ~ ~ ~ < ~ ~ g a. ~ `,.E~~. ~ SIOR+NWA~ER v I S ~_~~-~~.`E~ ~f ~ . ~ ~ _ ~ ~ ~ - ~ _ - E ~E,.~F~. E., ~E. I! Q ~ WkU' E E,, E E,. E E ~ ~ ~~.E . `E ~ ,E + 6 ) ~ m Z > p 70 B - ~ E E I 25 FT _ E E . F ~ E ~ , E E E~ _ E-~. , + ~ I I f~ l,~ ~ O O p~ BUfF~R 0 ~ ~ E. E E E E E 1` 6~7~St~ ~ w Q • O, .E E E E ..E E _,E.E ..E ~E~ + ,~A~~ ~ ~ S~4 S ~ V ~ ~ ST4, ~ 1pg ~ 7B ~ _ ~ IMPACT AREA G ' , . F_ e ` ~ ~ ~o ~r of ~ ~ T,ms s~;o.o3 AC.) ~ ~ 0~ X9 ~ _ E ~ `.E~ E ~ ~ E E ~ E ...E E ~ E.,~.E., .,i~~ F- ~ ~ ~ ~ pQ - ~ ~ E ~ ~ i \F~~ \ " E' z Z ~E: ~ ~ ~ + J ~ Q 0 ~ . 5 FT _ E PRA° ~ ~ 3 E, ` J2 s?? 51DEWAIX 03~ ~ , ~K ~ ' E, E `E E c s ~ + 8 - E L E E E yo ^ - E E _ E E ~ ~ ~ ~ ~ f ~ , ~ ~ SR)RMWAIER E 1 30 fT UE POND e. E E ~ F E ~ T A T AREA F f f E E E YP C ~ ,°7,~ ro ~ E E ~ ,306 SF (aas aG) ~ ~ t~~SS/ ~ ~ , E. E' E r _.E. ~ ~ ~ ~ ~is 1Q ~ -P% 3 \ / % 30 FT DE A2 s ~ ~ SE,9L ~ ~ ° ~ ~ ~ ~ ~ ~ 1p J ~ ~ ~R ~ ~ r. s,. w oo . '~s ~ 9 ~ S ~ 30 FT l1E ~ Sag, g ~ ~F , 7~ - ~ a4. l9 ~'p s ems : , ~ i ft dt#d~r~~~dt 1 ' J~0 ~n 003?T' 9~ ~ ~ ~ ~ ~ ~ 1c 9 Sag. ~ d / y A , 1T ~3 g w 96 X28 SRXdI1WAlER T~ , , 4 9 1 ` V POND 1 y ~VT 9 o / ~ij w S \ . 9 9 ji H a 1~ ' Q „ ~ g' !3 9g 0 gSe ~W %C~, ~ 0 ~ 30Fi 9 ~ ~ / i I ~ 93 TOTAL WETLANDS AREA FOR SOUTH TRACT = 179,903 SF (4.13 AC.) - SF 0.10 AC ~ TOTAL IIUPACTS FOR SOUTH TRACT - 4,383 ( ) ~ , i / 1 l ~ •v ~ 1 ~ ',;I - ~ S38y ~ 9, ~ o TOTAL WETLANDS PRESERVED IN SOUTH TRACT - 175,520 SF (4.03 AC.) S. z4 . ~ ~`~2 / / _ ~ ~4 ATION FOR THE SOUTH TRACT = 45 738 SF 1,05 AC, ~ ~ss• w 9 PROPOSED WEAAND CRE ( ) a 30 FT DE / ~ _ ~ 2s ~ PERIMETER / ~ ~ 8 oP 5 ~r ~3~ Zr? 5 Ft ~ r ~ 25 FT PERrWEIER 9 + / ADEN' 3g BUFFER j~ 6B 9 ~9 TSI930 W ® ~,3 8j k~ S ` , 8 ~,n 86 7 f 9 \ 3 6 6 y' 7~ ~ I ~`n~, v ~ 8S ~ ~ ~ n ~ ! ~ ~ i ~ $ 397, _ T69~43. ~ Y 6A ~ ~ 143• ~ ~ •26. W 26, ~ 8 EXISTING BOUNDARY 3 ~ ~ w ~ ~ 82 CENTERLINE OF R/GHT OF WAY 9~ o y; ?"'J CONTOUR LINE & ELEVAAON S3 . ' B4Q3 c90 2~ ) ~ ORA1NAGf ROW ® 9 ~ J 40 8 93e, ~ EXISTING SANITARY SEWER & MANHOLE _ ~ - EXISTING WATERLINE O Z EXISTING /PROPOSED STORM SEWER & CATCH BASIN ~ > ~ ~ 5S,'~~ W _ -`~d ~ ELP. EXIST. IRON PIPE /p8~p4• ~s, w ® WATER METER SERVICE CONNECTION i °JATE. 9-13-06 - E.C.M. EXIST CONCRETE MONUMENT NORZ. SCALE.• 1 100' T HANDICAP RAMP i=COY r,~ u ( EX. ELEV. & DESCRIPTION DRAWN BY.• JSL r-' CHECKED BY- HSR AC77VE OPEN SPACE PROJECT NO.. 04-0011 PASSIVE OPEN SPACE Sheet No. Of 2 WE7LAND PRESERVA77ON AREA ` % ~ Nor To sca~E u i ~ ~ , S 74 100 50 0 100 200 300 ( , I~~ ` ~ 35. PAGE 3 ~ggfYRY o~'I~ ~ - US ~6 NEW SCALE IN FEEL• 1"- 100' o ~ N 25 FT PERE11E1ER ~ ~ ~ / `6b) ~ . , 1. NEW HANOVER COUNTI' PARCEL NOS: R07200~-QO7-030-000 k R07200-OO7-G31-O00 ~ ~ ` . ~ ~i 2 TOTAL TRACT AREA: U ~ ~ ~ i Z >•niarr~ i NOR7H TRACT = 1,702155 SF' (39,06 AG.) 50U7H 7RACT = 1,741,4.4 SF (39.99 Af~) / 91E / TOTAL AREA = $444,119,4 SF (19.01 AG) ~+eua ~ 1 ` ~ 159 tom, ~ z ~ 2 ~ ~ I ~ i ~ 3 EXISTING ZONING DIS1PoCr: R-15 ` ~ NItl9~y ~ I~, n ~t ~ ~ ~ ~ / ~ ~ ~~h~ ~ 1 ~ i 4. L+4N0 CLASSIFlGA110N: RESOURCE PR07EC>~N ~p 3 sa ~ ~ ~ } 5. TREE REMOVAL PETIINT TO BE 09TAINED 6. LANDSCAPE PLANS TO BE PRONDEU BY OTHERS pqR ~ \V R~~,q pR _ 1. iHIS TRACi IS tOCATEa tH ZONE G' ACCORDOlG >D ENGINEERING R,l ~ ~ , 1 _ /Y Pr OE _ . TFIE FEDERAL EMERGEnICr 1~u?aGEarFNNr AGEPICY's - , l FLOOD OISURAN(~ RAZE IiAP, COIgN1TGTY PANEL LAND PLANNING NUIiEER 370168 0090 ~ DAIED: 9-3-92 COMMERCIAL / RESIOENl1AL xti Aer AREn _ _ _ 8 SITE ADDRESS iS 13~ NAVAHO (RAIL 1~PAC AREA 1, r2 ~ (o. AcI ~ , 398 SF 0,01 AC 9. NCDE10? STORIIWAiER MANAL~fENT PERrOT RE IRED P.O. Box 4041 - /b~ au & 5 ~ 1 ~ 4 6 ~ A AND t0 BE OIBTAINEO. Wilmington, NC 28406 ~ , 1G. 1~w HAHOr~t ca~?Y Sm~rA~ ~r Eira~a~ (910) 791-4441 _ /NroENR/tDs 1 7 ` \ , \ coNTROL PETLIIIT REQUIRED AND ro BE OBTAINED. ~r L 8 ~ ~ . SERB ' , ~ ~1 11. BUILDING U~ !S fDR SOIC1E-FAL6LY HOUSING G _P Vq~R . ~ ' i ~ ~ 12 fNIS 517E ~ PROPOSED TO ~ A CLUSTER DEVELOPMENT. ~ A ~ - 1,~ UNNAMED S1REE151O BE NAMED PEKING APPROVAL FROM ~ a ~ ' ~ ' ga~ 9 ~ ~ ~ FRANCES DONNS~ CIS ANALYST/qTY ADDRESS COORDINATOR gk ~6° w .t5 $.~~a PROP. r~TT.~ERr 10 ~ ~ _ 30 ~ _ - \ ~ ~ ~ ~ ~ ~ ° ~ v ~ m ~ - 1 ~ a i . ~ ~ v ' / ` ~ 1 PROPS ` 14 57DEN' ~ ~ ~ ~ ~ ~ ~ I V ° ~ _ 1 ' 13 '>a ' a ~ 300 SF 12 ] 1 W ~ ~ 1 ~ ~ i~' FT FfUBUC ~ ~ 4 8 $ s ~ DRA9VAGE EASEMENT ~ ~ ~ ~ ~ ~ E oR \ O _ -A/ry~ ~ ~ 25 FT PERI~IElER a ~ ® J ~ y.,~ BUFFER I W y ~ ~ y y ~ W y PROS: WA 16 ~F9 ~ i i ~ .SF I r ~ 2 SSe ~ i i y y ~ y ~ ~ ~ ~ ~ ~ ~ ~L ~y y y y ~ ~ ~ i _ ~a ~ r~.~.h _ ..a~ ~L ~ ~ ~ ~ ~ V1 ~ ~ ~ ~ ~vFpi~~~Fl~yl ~=f irk <~.q~ 17 I ~ 1 ~ ~ v. y w y ~ y ~ ~ w i ~ ~ ~ _ _ _ 0 ' B ~ ~V ~L Ji ~ ~L ~Y ~ ~ ~ 1L~~i~J~~~ ~ - ~ X53 ~ i ~ i y y y W y y y ~ y ~ ~ y ~ 25 FT PERkIIEIER 00`. v , _ ~ - a ~ w ~ ,y w BUFFER y ~ ~ A~~~ u~~;: ~ , ~_B~ I "`1 I 30 !1E \ ~~~i 6s~s f 18 ~ w~ w w~ w~~~ w~ w ~ 1 - A' ~ ~ °O~'~ ~ ~ y W ~ ~ ~ y y y y y ~ ~ ~ ~ ~ Sri. ~ ` r 30 f+L DE ~ ~ v. y w ~ y ~ ~ v~ y N n 19 r i~ ~J ~Y ~Y y y ~ y y ~ w y ~ tip' ~ 6 tr) I y y y ~v "Y y y ~Y ~Y y v% v N ;0 ~ 1 W y W y ~ ~ y y ~ y y ~ 20 ~ _ ~ N 'y y W vw J~ y y W ~ W y ~ ~ ~ ~ ~ 27 .v w ~ ~ y ~ ~ w w w W ~ W ~ ~L V~ ~L ~ ~ y W ~ W ~ ~ ~ ~ i ~ A y4,, I ~s v ~Y V% ~Y ~L ~Y ~Y ~L ~Y ~V y ~L ~ 21 1 .v ~ y ~ ~ y ~ ~ ~ ' ~ ' L` ~~.i~'` U ~ ~ ~ .v w ~ ~ ~ y ~ y ~ w ~ ~ ~ , ~ Q ...t e EXIS~'NG GVE1tANDS W 28 ~ ~ ~ v. y y y y y ~ ~ J 22 y ~ y ~ ~ y y ~ y y ~ ~ ~ ~ ~ 29 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ 0 + J~ W y W y y y W ~ y y ~Y ~ y y y ~ ~ W W ~ y ~ ~ ~ y ~ . ~ JOU p Z IMPACT AREA BREAKDOWN NORTH TRACT y y y~ ~ u y ~ ~ y ~ ~ ~ ~ 55 ~ \ . . \ \ _ p O ~ ~z z~ ( 23 AREA AREA SQ FT AREA AC. N01ES ClIY ~ ~ ~ y y y y v~ w ~ ~ ~ y y y w ~ ~ ~ w ~ w 56 • ~ , ~ ~ ~ Z \ ` p ~(~O A .O6 5 ~ ~ 30 2675 ~ y ~ y ~ y y y~ y w w ~ mZ l~i1W~ B 4366 .)0 C 2 300 .05 24 y ~ ~ ~ y y~ y ~ y ~ y , ~ y ,y ~ y ~ y y ~ y ~ y ~ 57 ~ ~ 2 ~ 2 \ 54 p ~ p O 0~~ D 1512 .04 31 ~v y y y y ~ y ~ .y y E 398 .01 v. ~ ~ y ~ v. y ~ y y W y ~ v J~ y~ y •L ~ y ~ y y ~ TOTA1 WETLANDS AREA FOR NORTH ?RACT = 619,050 SF (14.21 AC.) 25 5Ei ~ ~ ` i ~ ? p W ~Y ~L ~Y ~Y ~Y y ,r ~ ~ ~ Z CT = 11251 SF .26 AC. 32 ~ ~ ~ ~ y ~ ~ y y W y TOTAL IMPACTS FOR NORTH TRA ( ) ~ ~ ~V ~L ~ W ~Y ~ ~L ~L ~L W w ~Y ~ ~ 53 ~ ~ z ~ Q "r y y v 4 ~ y y ~ 1 1 - Q~~ z Z IMPACT AREA BREAKDOWN (SOU1H iRAC1 26 y .v .y W ~ y ~ ~ ~ •v ~ y ~ y y ~ v~ ~ 59 i; ~ p w O AREA AREA SQ Fi) AREA AC. NOTES ~ ~ 1' ~ ~ 2 ~Y y y _ y y y~ ~I E 3 .08 SIZE S111L IN CONCEPTUAL PHASE ~ L 33 y y ~ y .v y v. ~ w ~ ~ y ~ 3 06 ~ 1 IT ' / F 1076 .02 SIZE S11LL IN CONCEPTUAL PHASE ~ ~ ~ y y y y 'Y y ~ A y y y 52 i ~ 6ys'4t6tttgt _ 42 ~ ~ ~ 60 ~ ~ ~~pj~~ TOTAL STREAM fMPACTS = 72 LF ~ ~ y y y y y ~ ~ TOTAL WETLANDS AREA FOR SOUTH TRACT = 179,903 SF (4.13 AC.) ; ~ ~ e~ _ _ UTILITY \ ~V ~ y ~ V% J% y y y y TOTAL hMPACTS FOR SOUTH 1RACT = 4,383 SF (.10 AC.) y~ j EASEMENT ~ . ~ FT~E"°'--- ~ ate: t 51 1 , ~ ~ 4~ a.,ya~' ; TOTAL AREA OF Wf11AND CREAl10N = 1.05AC ' ~ BOOK 3281, PAG ao = ~ 25 FT PERIAiETER ~ ~ ~ ~ ~ ~ ~ ~ ~ 4'I yyn ~ ~ ° `b ~Y ~ ~'1 .y ~y ~L y l ° I ~ C ,30 FT Df ~ 61 i ~ r B~AL b ni- ~ BUFFER / C 50 ~ ~ ~ G c r - - PROP. 5 FT S ~a~ ~ A r TOTAL WETLANDS AREA fOR NORTH AND SOUTH TRACTS = 798,953 SF (18,34 AC.) - _ ~8. ~ .F qp r 3O F7 DES i I'~ I ~ ~ ~ ~ SIDEWALK ~ ~y ~q ~ p ~ r TOTAL IMPACTS FOR NORTH AND SOUTH TRACTS = 15,236 SF (0,36 AC.) c ` ~ s94 ~ ~ Ri ~ ~ ~ ~ ~ ~ ~ r t E i ` . 1 .5 FT a ~ ms ~TN~.E~ ° ~ ~ 1 y I °d. ~weeem~ ~ i ~ 1 / ~ SIDEW ' r i , c U ,1, , "~,~,,wwyy n Cy e<" ~ 1 TOTAL AREA OE WETLAND CREATION = 45,816 SF 1.05 AC. _ ` x ~ ; ~ ~ y ~ ~ ~ 1 i I 39 --J I t~01TDE ~ ~ ; ~ noaY.r~,,y,, ~ I ~~i,!~. ~ ~ I I "Y y v% ~ ~ ~ I ~ ~ I ~ Fes- ~ ~ ~ ~ _ _ ~ I 1 I / ~ ~ _ ? 1 I w ~ ~ w 30 FWDE . 5 FT 49 63 ~ ~ afEWAIK ~ ~ A2 ~ 1 ~ y y y A I ~ ~ ~ V~ y W y ~ 34 35 i ~ ~ W 34 35 36 37 38 1 44 45 46 47 4$ ~ ~ ,"r ~ it , ~ w I ~ 1 64 ~ ~ Q i ~ N ~ 1 ! IYPA I ~ ~ ~ ~ ~ 4366 00.1 ~ I~ I Sf 0 A~ ~l _ MEd. ' _ . _ ~ ~ 65 ~ ~ x . . ;i I I 8 - s - ' - - ~ ~ ~ ` ~ a- - - + ~ - - r'' : I ~ ~ (i ~ ~ - co - - _ 66 , i I ~n ~ ~ , G~F'~ ~ w ~ o, _ _ ~ ~ i _ - - ® ~ ~ ~ 6 ~ ~ 51DEW 2 i ~2' ~ ~ " - - DIPAO AREA ~ ~b ~ 68 ~ ~ l \ ~ 76 75 74 73 72 71 70 69 ~ ; 2.675 SF 0.06 AC. ~ ~ ~ 25 FT ~ ~ ~ PERlAiEIER urun BUFFER Q ~ ' PROP. WALKING LOP. WALKING ~ PROP. WALKING ~ ~ ; I 1RUL h ' ~ ~~a~ui~E~r~' _~'U~~ rl>>~,~~ 1RUL _~,u _ - Y __25 ET-PERIMETER _ _ 36 v T RAp - RA038 - BUffER - 5 FT STt~WALK ..CULVERT 5 ~ SD~ALK w - _ ~ e - j ~6'~, 12° 12° EXISTNG BOUNDARY CURVE TABLE ~ LINE TABLE Ap T~'q SLOPE AWAY FOR - - CURVE DEL Xj~ ~ SUPERELEVAl10N C1 . ~ CURVE DELTA RADIUS ARC TANGENT CHORD BRG _ LINE BEARING LENGTH 'Pr4p CENTERLINE OF RIGHT OF WAY I - 895" C1 893959° 100.00 FT 15208 FT 100.00 FT 556'38'18"W - ~ L1 S11'38'18°W 80,30 FT 7 I I C2 S7 21'42°E 635.46 FT I _ C2 6675 40' R`W zi ~ CONTOUR LINE & ELEVAAON 7" ~ ` C3 295E C2 6675'04" 230.00 FT 265.95 t , 150.08 FT N6830'46 E - 8 C3 2936'56" 230.00 F7 120.22 FT 61.52 FT N2024'46 E 13 535'23'14"W 410.67 Fi 6.. 6 1 /2 " - C4 673E C4 6736'21" 210.00 FT 211.39 ,~f 153.99 FT N28'21'S2"W L4 N0576'19°E 578.98 FT DRAINAGE FLOW - C5 68 41 C5 6841'35` 230.00 FT 275.75 fT 15717 FT 58329'i0°W L5 N6270'03"W 24.12 FT 1i 1i ~ C6 1149 C6 1149'10" 230.00 Fi 47.45 FT 23.81 FT 51132'52°W L6 55639'59°W 50.00 FT NOT TO SCALE c~ 492E C7 4976'19° 100.00 FT 86.29 FT 46.04 FT 54870'31°W L7 N11'38'18°E 188.02 FT EXISTING SANITARY NOT TO SCALE C8 3276 SEWER & MANHOLE C8 3278'42° 100.00 FT 56.39 FT 28.97 FT S6824'21"E L8 N7233'41 E 53.03 FT ~ L9 N84'33'41 "W 292.31 FT Z - EXISTING WATERLINE L10 N5275'00°W 59.93 FT ~ C/L C/1 0 e EXlST)NG /PROPOSED STORM O/L Lit S84'33'41 E 210.00 FT w SEWER & CATCH BASIN ,W ~ ,W \W 40' ~W ~ ~ 30' 25' 25' 25 ~ ~ L07llNE Lai<.INE l)ATF• 9-13-06 ~p ~ E.LP. EXIST IRON PIPE 14~ 14~ 14' 14° u' p0 ® WATER METER SERVICE CONNEC7)ON 18' 18~ 1Y' 12' 12' ~ 1r 1r ~ ,w= 5 HORZ. SCALE.• 1 100' .aF EC.M. EXIST. CONCRETE MONUMENT 1141 1141 FL I 114'1 FT 30' n= u. u,5 r 2 2' ASPHALT 3 r 2' ASPHALT SHALT 3' 1 114""1 FT 2' ASPWT 114'1 FT 5 DRAWN BY• JSL P1/4 I FT 2 7 T HANDICAP RAMP2 oex Q 5 TC 5' ::ALK 5' SR1fN ~ 9p _ ~'AK CHECKED B Y.' HSR ~ GRASS LINED EX E1EV DESCRIPRON TYPE H 6' ABC 6' ABC - TI'PE H W H 6' ABC PROJECT NO.: 04-0011 = afOHC T)PE H Ct 1c 50' R 1 W (minim PITCH) cumw (M M70 PITCH) TYPE H CURW TYPE H CURBING (INVV ) CYI?M. G 5:1 GRASSED CHANNEL ACTIVE o-N SPACE 60 FT R/W (PRIVATE ROAD) c f (PRIVATE ROAD; 40 FT R/W (PRIVATE ROAD) (20' DRAINAGE EASEMENTS) TYPIrAL CUL-DE-SAC 50 FT Ri6`~ 'PRIVATE f i 1 2 COOSS SECTION STREET CROSS SE NOT TO SCALE PASSIVE OPEN SPACE SNEET Gf'N ~-j OSS SEC T/ ON STREET CROSS SECTION NOT TO SCALE Sheet No. Of NOT TO SCALE NOT TO SCALE SCALE NOT TO SCALE NOT TO SCALE US ~ 4 100 50 0 too 2ao 300 .8.35 PA(~ 3 ~q5~ US 76 ~Eyj NANOVFR ~ N SCALE IN FEEL 1"= 100' - ~ o~ ~ ~ ~ r N ~ ~ ~ ~p'`~C', ~ ~ ~ ~ U BS 822' ~ ~ 8S' f 5 s Hnvum ~ % -~1 / ~ ~ 1~. i. MEW HANOI~ER COlNVTY PARCEL NOS: R07200-007-030-000 ~ R07200-001-031-D00 ; ~ fY 2 ITJTAL TRACT AREA: BEY ~ / r Ih ~ ~ ~?c $ a " / Ro ~ • ~ ; NDRTH TRACT = 1,10x155 ~ (39.08 AC) ~ ~ Z ~ / l °I O~ r~ RS SFIUIFI IRACT = 1,141,984.4 ~ (3999 AC.) TOTAL AREA = 3,4N,11s.a SF (7907 AC) 15 f7 ~C SEiBACIE ~8' ~ J EIOSi~VG ZONRIG DISTRICT R-f5 ' ~~C~~f ~ / 4. LAIC CIASSRiCAAON: RESOURf~E PR41EC1ION ENGINEERING 25 Fi Pf18'I~TER% i / i ~ BUFFER S TREE REMOVAL PERYlT Tn BE OBTAMiE1D. LAND P CANNING fi. LANDSCAPE PLANS lD E!E F'ROVR3ED BY oTf#RS so ~ ~ - ~ ~ ~ ~s ~3 - CDM~fERCIAL ~ RESl1)ENIIAL z BLS IRACr Is LocAlm ~ zDNE 'c' AGIGORDING m J~' ' 882 2• THE FEDERAL EMERrfNCY MANAGEMENT ACENCYS P.O. Box 4041 NORMAL HIGH WA1ER LINE ~ ~s ~ " 2 ~ ~ s~ FLOAD INSURANCE RA>E YAP, CDMNUNiTY PANEL NUMBER 370168 0090 ry DATED: 9-3-92 W~~mington, NC 2$406 i ! i Sy 6'3 ~`T6' 8 ~ (910) 791-4441 AI~RESS IS 1300 NAVAHO IRAR Ts 9. N(~EMR/DNC1 sTORVWATER YAMACaIENr PERINr REQUIRED ¢ yr7 ~ ~ % 7~, ~ - S2 _ AND m ~ oBrA~vEn. ~ fl S73oe> ~ 1Q NEWHANOVER COUNTY CDENR SfDVMErIrA11AN & ER091pN ~ S ! pr" - w ~ !N ~ (~NITROL PER~WT REQUIRED AND TO ~ OBTAp~ED. ~~a ~ ~6 ~ ~ y s S~ ~ , _ 11. BUILDING USE IS FOR SRl(~E-FAYaY NOUSII~ a ~ ~ _ ~ _ ! 12 THIS S1E IS PROPOSm >n eE A CLUSTER DE4El.(WYENT, s~$a _ - _ _ :3 ~uAYm sTR~s ro ~ MANED Pews A~o~u FROM ~ ~ ~ ~ ~ ~ ~ ~ ~ 7 _ 7S~ ~ ~ ~ C s8 ~ „ FRa~cES oo~ as aNA<rsr/an aflu~ss co~NArar ~ ~ ~ ~ ~a E~ E ~ ~ ~ 9,~. T ~ E S6 7S~ 69 ~ x. E ~~(n ~E. ~ - 1"r ~ - ~ ~ _ ,C ~ a E , ~ ~ 7~0 ~ i ~ Mo>E ~ eorrau Fpm aEVanoNS >D ~ ADrA~Nr s v ~ $ ~ ~ Ni ° MoiE• COAS Q F E ~ ~ ~ 1S ~ ~ i ~ E E E / ~ E ~ / / A - ~ ~ ; S , s TAL NEILANDS AND NORMAL HIGH WRIER CRIES FLACC~ED BY LL SOUIIIERM EMNRONMENT.AL GROUP, INS AID VER97ED BY ~ ~ - #ARSYI LINE F F E E E~ E i f ~ 4 ~ (PROPEf,'1Y LINE) ti E E E ~e E E E . E E ~ ~~v' ' - PA1RtpA ROBERIS, LPO FAR NEW HANOI~ER COUNTY. ~ mot; ~ - 6~ E ~ E E E E F E E~'~_E ~ + ~~7 i i ~"I .1 ' F ~ E ~S ' - 25;FTPERIMETER C3 ~ ~e ~ BUFFER y 2 ~.~~s E' E E F ~ 2 I 1 `~y E :off F . r e ~ yWa ~ ~ ~ E Y F E E ~ "U - . 7 ~ 7~ ~ ~'t ~`'a i E f E '=.,Ei ~sl ~i~ ~ ~ 0 ~ E E - Z S / E ~ : E d0 fT DE 1S0 ~ " 9P ~~A ~ ~ E E i ~ .E E \ ~ ~ r ~ ~ ~ i set E E A: ~ / 7 , A~ 1 I + E E ~+7+ , C ~ ~ ~ ' YIN h ~~S ~ 8 ~ i d~ $ C 2e U; ~ ~ ~ E E E POND T J~ 40' ~ r ~;:v 6 v, i I7 e /F + ~ ~ E ~ % E E + + ~o~~ + + + O ~ _ 15 fT AEC SETBACK ' ; E E ~ , E E ~A 5 FT + + + F 8 ALK r + ' = + + ~ { y ~ S F E 7 TORUWAIER ! ~ '~o PAMD E ~ ~ + + + ~s. ~ ' 09 F ~t,~ lA E , 6 a + ` - A~ / ~ ~ ~j~ E E f / E (7 + + + + + + + + F p~ ? j ~ E E F + T. + + + + + + i ~ % ~ ~i2 30 FT DE E F ~ ~ f A~ ~,J i~ E 30 FT D~ f 7 rRS + + + + + Q ,~T~8.4 SN R~4 ~C,~ + + + + + E Z 10r-TDE ~ E + + + + + ~ ~ ~ i 8 ~ E F f 1. X,j E E { d j h E E' I E E + + + + + + + + + + + o ~ A• v6'. ~ I E E" E I 1a i i F E E E + + + + } + E + + Q ~ , ~ E E "E. ; E F S1REaY IIiPACT F ~ ~ 1~ F E .;.'r~,~ E F 1 11 If E E E F E E F + + + E E + + + + 25 FT F'ERIYfIER = ~ N E E E E ? ~ U E E i E E E E E E E BUFFER fr ~ D, ~ F E E 3 1s E^ E E E , SfQ4MfMAiER E F E E E E E E E E E E S~ (n Z i ' ~ E E s POND E E E F E E E E E E E E + p z E E E E E E E E E E E E E E E E 1 ~NZ ~ti~ E E~• SOS 6 E f ~ v s% E E E E E E N ~ O d' O E E E E E E E E ~j 4 Z ~ 15 F7 PERIIff1~R ~ E BUFFER ~ 7 7j E . E F E E F E E E E F } ~ ~ ~ O~ WXC~ E E F E E E F E E E E + ~ f~ ~ ~ Z j ,OZ _"di S \ ~ ' E E ~ ~ ~ S~4~ ` ~~4 * XA8 f f F E E E E E E F F E E E 4ui U O O m w ~ d0 F7 DE i i IMPACT AREA ~ E F F ` F E E E F E F + f W/ ^,S~ r Q Q U > O ~_l F F F F 4' E F E ~ ~AG) V,3 ~ ~ ~ 1,016 SF (00J AC) f ~ ~ 9 .F F , . e < F E t F / F F + ~7 ~~E E E E E F Z ~ 0 72 F F \ E E E E E E E E ~ O Z F F E F E E + I z~ W O Q s ` PRLp 5 FT o ; / E F ~ i~'" f~ ~1 E F F E f~ S ~ -f~ ~ ti~ Q~ '3r\ G ~ ~ F E I ~ ~ v E E E E I ~ ow o ~ ~ 7 E E X 4~ E F E O 1 n~ J Z E E E E E ~t~ Q T ST~PIIWATER F _ ~ d0 F7 DE POND F E E E E E E F ~ ~ ~ IIFlif F E E E E ~ _ i~'~ ~f°i E ~ E F F E E < MPACT AREA F ~Rp s, E E F ` E F ~ ; ~ ~3D6 $T' (D,DB AC.) ~~"pp°~°e~(~~j `rte i I ~ ~ F F 102 ~ F E ~ QS W`SIO F F ~ a E 1 ~ m° 2J F ~ ~ I 30 FT Of E ~30 fT DE g? 4 S38• 0~ ' 12 4iS• ~ s! 1 ~ ~ , •y ~ %l, '~osr4`6, 7 IMPACT AREA BREAKUOMN ~ S(#ITH ~ 1RACT 04 ~ L~* . 72 ~ AREA AREA (SO FT) AREA (AC. N01ES ~'L; S 9 ~ ~ ~ ~ ~ ~ ~ i i f A~°~ r~'~,. 9 ~ ~ E 3306 .O8 SflE STILL IN CONCEPTUAL PHASE - ~ , ~q ~T 26 DD 2>' -11'~s I .°po s~._ ~ srar, ~a F '31' 9b' ~ ~ 1016 _01 SITE STILL IN CONCEPTUAL PHASE ~2, ~ Aga , k ~ ~ - dad{t~'t~iti~ TOTAL SIREAM IMPACTS - 72 LF ,o SS9. 9~ ~a TOTAL WERANDS AREA FOR SOUTH TRACT = 179,903 SF (4.13 AC) ~Tf~2ga ~ y TOTAL JMPACTS FOR SOUTH TRACT =4,383. SF .10 AC.) ' a;' ~3' W 96 ~2g , SR~fWAIER ~ . ~ Y f`_, J?% TOTAL AREA OF 49ETLAND CREATION = 1.05AG ~ - ~ 93 9S 2g Po<~ t f ~ ~?9 ~ ~ ~ , ` . ~ u I gs8~y 9 ~i1 Sg, ly A p ~ ~ ~ W 3 ~ 0 8 1 I~ ~ 30 F7 , , I Q / . ~ ~ ? a 93 / / ~r ~ ! ~i i ~ g ~ 2 f S~ ~ ~ '3; 1@ ~ <--Z 7S. 9~ fi ~i; ~4) ~ ~ s ~ ° ~ ~ j. `~2 < 30 FT DE i ~ ~ ~ ~ 15 fT PE1tN1ETER ~ ' ~ BUFFER A°. 5 F7 3~ 5 FT ~ $ . 8g , 1Y ~3A 25 fT PERIMETER ~ 8 `v~ ~ 8 BUFFER ~ i ~ ~ 8b~, 1ST93~ 9J 8~ ~ ~3 ~ I ~ S _ `ti"J'^ 8 ly ~ ~ 8 8 ~ ~ 3 6 i 6 ~ 6 13 .;y. 4 8s ~ ~ ~~y , ~ ?s. W Tw Y I ~ - c9~ , Q ~ ~ j W ~ EXISTING BOUNDARY B~ ~ ~ri~ ~ ~ CENTERLINE OF RIGHT OF WAY S38• 4p3 ~0 i 2•~, ~ J CONTOUR LINf & ELEVAIlON - j ~ , ~j DRAJNAGE FLOW 8 !y, X93 - ~I~;- g !i ~j _ . I ? 1! r)-- - EX1SlING SANITARY SEWER & MANHOLE a - ~ ,~V " ~ o - EXISTING WATERLINE ~ Z _ ~ 2, ~ EX1SflNG /PROPOSED STORM ~ SEWER & CATCH BASIN _ %s ~ I _r , v~ S3~ ~i ~ ; ? -''t ~ 7~ gs p ~ W ry~j- 8~ g. ~i` ~ ELP. .EXIST. IRDN . PIPE - _ 6 ~ ~r>. ® WATER METER SERVICE CONNECTION i _ - ~ DATE.• 9-1 - 3 06 e~nn-s ~ aH .,...r C.L.M. Chef, f:OM ML It itfMUMtM1 77U(L. -)GALL ~ - 1 UU /n HANDICAP RAMP t'y DRAWN BY JSL EX. fLfV. & DESCRIPAON CHECKED BY.- HSR AC77VE OPEN SPACE PROJECT NO.: 04-0011 PASSIVE OPEN SPACE ~2~ Sheet No. Of 100 50 0 100 200 300 nror ro scA~~ us ,4 Wg 35. PPGE,~ REgSf~'~ " , Rff~ N~pVfR ~ SCAtE 1N FEET;• 1 = 100 i N us ~6 N • M i U 2 ^~~ar f 1. NEW HANOHER COUNTY PARCEL NOS, Siff ~ ~ O i R0720'0-001-030-000 k R07200-007-03t-000 NAVµp ~ ~ SR 159y / ~ 1 2 TOTAC TRACT AREA.• NOR1H 1RACr = 1,702,155 SF (39.08 AG) t ' ~ xwscEy crux ( ! SOU1N TRACr = 1,741,964.4 SF (39.99 AG) ~ o , ,I~.~i~ l~il . \ I ~ ~ TOTAL AREA = 3,444,119.4 SF (19.01 AG) ENGINEERING 3. IXlsnNC za~INlc asrRlcT: R-ts LAND PLANNING I~ ~ ~ 4. IAND CUSS9iCAT1AN; RESOURCE PROIECT?AN COMMERCIAL RESIDENTIAL J ~ ~ ~ ~ ~ I z i ~ s. TREE RE~IO~At PERNtr TD BE OBTAINED. i~ f I V ~ i t ~ 6. LANDSCAPE PLANS 1O ~ PRONDEO BY OTHERS P.O. Boz 4041 ' ` ~ 7. THIS TRACT IS [OCATED 9V ZONE "C" ACCORDING TO Wilmin ton, NC 28406 THE FEDERAL EIIER(~1VCY MANAGEMENT AGENCYS 9 INSURANCE RATE MAP COM~IHMIITY PANE! (910) 791-4441 F[ooD , Z ~ ~ } f)UFfER ` ~ .y i NUMBER 370168 0090 ~ DATED: 9-3-92. ~ ~ ~ ~ \ \ ~ \ \ B. Sf1E ADDRESS IS 130'0 NAVAHO iRA1l ~ ° ~ 9, NCDENR/OMp S11aRYWAIER MANAGEMENT PERMIT REQUIRED 5~4 ~ 1 ~ -11 AND TO ~ OBTAINED. ` E a 2 ~ 10. NEW HANOYER COUNTY/NCDFNR/LQS SEDIMENUTION ~ EROSION 0 $ ~~m 2 ~ ` ` .~-I awTRa PERMIT REQUIRED AND TD OBrAIN®. ~ $'"s` a~ a 11. B1atOgVG USE 1S FAR ~Gif'-FAMr[Y NOU`~NG ~ R ~ ~ ~ ~ 3 D 12 iFkS 9TE IS PROPOSED TO BE A aUS1ER DJ:4ELA°METVr. Q ~ ° ~ qip ~R 13 UNNAMED STREETS 1O ~ NAMED PENDING APPROVAL FROM ` „.1 FRANCES DOMN C4S ANALYST CITY ADDRESS COORDINATOR ~ E.~ ~ ~ R ~ FT DE r. ~ „ ~ ' _ /ly ~ , _ , - ~ ~ e; ~ ~ x~, ACT AREA ` _ ~ _ _ v ~ i SF 0. AC ~ _ 1 2 ( ) ~~~,C ~ - ~ Qv ~zo~ W MIPAC AREA 39B SF UOf A~ ~~.0~ ~ _ . _ .~8~ w .J • ~ 4 6 ~ J a~ ~.6 sfi \ ~ iSWW~ V/ 9$$~ ~ W c ~~B `~4, i~y ` - p a,~~ U~ ~ ~ ' _ - PR VAS R - ~ '1: s~~ g f,~ ~ _ ` . , ~~a~ as . - ~3$"a s~° PRIW. CUl1~RT , . ~ . ~ ~ 10 i ~ 30 FT i _ _ ~ \ , E S iY , i i ~ ~~E~ ~ PROP• 5 14 51DfW ~ 'i`y ~ ~ ~ 13 12 11 w ~ ~ ~ D t7 RU& O t713U&IC N 300 SF ! ~ - DRIVNA(!E E V `t". `1" ~'~1' ' A ~ 0,~ ~ DR~VNA(~ EASEMENT N ~ A N 15 v V ~ ` q/ I e W ~ ~ 25 f1 PERAIEffR ~ ~ ~ ~ . ~ . ~~"~`.~sE y ~ \ ~ ~~L, ~y~\ ~~y.. ~`L, ~ `k ~J~. ~ ~'1~, DUFfER 16 1 ~ ~ ~ , ~ T Q J - ~ - 2 J ~'~v~ IJ ` - - ~ D , j A ~Z QY~ ~ . ~ ~ ~ ~iD~ ~W. ~ wY~ W v gin' ~ ~ ~ ~ A ~ ~ ~ ` ~ ~ , . _ O O . _ - - - Q U' O ~ 17 I ( ~ ~ ~ . ~ ' ~ ~ ` y 'y~ w~ W ,v A ~ 2S Er~PER~ifR' ~ ~ Og ~ , ~ BUFF` u'''' ~ 's9>. ~ ~ ~ ~ U ~ ~ ~ ~ z ~ p Z ~ ~ ~ . I \ i - ~ 1 ~ o ° I ~ 18 G ` - ~ ~ ! f_ Z I 3 _ ~ O O ~ U) O I- ~L ~ , A~ `v4 `sJ~ ~ ~ ' ~ - A ~ _ ~ ti Q N 1~ . 19 1 Q m Z ~WC9 _ ~ _ ~ ~ . u w ~ u+ _ ~ ~ _ - N ` . W ~ 00 _ ~ oog tl~ ~ ~ zo ~ ~ W Q ~ ~ ~ J ~ ~ ~ y y 1 A ~ ~ ~ ~ 2~ W 'v ~ \ ~ c~ ~ ~ ~C A A ~ A W _ Q - ~ ~ _ 2 21 ~ ,,~1~f1N~VY~~nA1~ ~ ~ ~L I-~~_ ~t T~,, c 28 ~ . ~ _ v ~Y _ ~Y. y - y y ~ `1' A - A~~ I' A ~Ll ~ U I~y~ O ~,c. ~ ~ ~~yV 22 ~ ~ y , ~ `k~ ~ A\ ~ ~ ~ , ~ ~ ~ ~~~;w w_~w- ~~y, W ~ ~ 0 y ~ ~ 4 ~ " PROP. p1Y AF MIIMMGTON ~ ~ 'k \ ~ ~ ~ 5 fT SDEII'ALK ! 30 y . .v _ v~`~, • ~'w ~ ~ ~ ~ ~ ,v~ ' w y ,v, ~ v~ y ~ . ~ ~ ~ 5~~. ~ ~ ~ ~ - - J \ 9 _ 5 t1!$3 - w ~ ~y_ 54 24 ~ ~ ~ ~ ~ ~~30 FT~f ~ 1 ~ 1 ~ S E ~ \ b ~ A p j/~~' 25 ~ ~ ~ r 32 A t ~ ~.I~rY'~$=' i 53 ~ ~ ~ ~ i ~ { ~ 43 ~ ~ ~ 59 ~ t ~ ~ . A ~ y' ~ ~ ~ - v ~ y' y3Q~~r j ~~l ` o ~ f ~ i ~ ~ ~ A~\ ~ i 1 ` ~ ~ \ - 12 ~ y 1 ~ 60 i ~ ~ ~ ~ W. ,l r ~ 7 ~ 9. ~ ~ rr`/ / Q r Y 1 I ~ 'r 1 ~ n,~ EASEMENT \ ~ _ ~ ~ ~ 'V ` I 4 ~n. r~, ~ ~ 1 ~n ~ ~`.w. I 61 i ~ I BOOK 3281, PAG 4D ` ~ \ y ~~y~,~~,,'~ ~ c~ . ~.y ~ ~ _,`p . ' ~ I ~ . ~ I 25 FT PERiIIEiER ~ ~ ~ ~ / V~ ~ ~ ~ ~ I ~ C o ,30 FT DE ~ ~ ~ ~C ~ ~ i i 50 PROP. S fT S ~ A ~ ,w w' / 40 3 9 ~ r Q ' , ~ ro AU( ~ '~~f' ~ ~ ~ i t 1 ~ ~ ~ i i . 5 FT i ~ SKEW g8s ~y D,p w. ~ , ~ r 1 I ~ ` ~Df1P ~ p I ~ ' a ~ f7~, I i ~ co ~ 1 ~ ` v~ ` ~ u ~ i I 39 1 g - i I ~ I I ~ ~ ~ ~ _ A ~ ~ ~ ~ 1 ~ y,`~, ~ 1 i 30 ~ t ~ 49 63 ~ PROP. 5 F7 ; ~ ~ i` ~ I ~ ~ ~ ~ ~ ~,',.1 SIDEWALK SIDEWALK i I ~ 2 ~ 'I i s ~ i ~ ~ ~ ~ 1 34 35 36 37 ~ I ~ 38 f 44 45 ~46 47 48 64 ~ ~ - ~ ~ . w m - - - - x ~ m 'r ~ N ~ j a % Y ' ` i ~ ~ ~ MIPAC AREA ` v j 4,366Sf 0.10 AC 1 _ e i x _ ~ Mai ~ r, ~ ~ Q 65 ; ~ ~ ~ ~ i ~r tt ~ EXISTINGBOUNDARY I ~ j 8 -r- Y - - - ' I i i - i ' c ~ ` ~ ~ - - I _ ~ ~ i OF WAY ~ ~ is hiP~il~ (Tl K~nhi i - CENIERLINE OF R1GHT ~ ' ~ - _ ~ = r \ .5f r .5 C' 6 ~ r r ~ ; ~ ~ , / ~fW ~2 ~ i r= ~ CONTOUR LINE & ELEVAnON ~ i _ ~ k. , a 1~uv„ ~0~+, i'A%~ 5 I ~ 6B ' ~ ~ ~ 1 ~ I~IPAC AREA ~ 7& 75 74 73 DRAINAGE FLOW r a, 675 SF Q06 AC. ~ z 74 73 72 71 70 69 ~ ~ o. a, ~ 25 FT PERIEfER , I j ~ ~ uPUrr ~ o ' BUFFER uPUrr , Ca- ExisnNC sA~nrARr ~ ~ WALKING _ _ _ _ _ I' ' (RAIL ~ - - - - - PRA°. WALIaIG ~i ' 1RAlL - i SE{4ER & MANHOiE I ~ ~ - - - - _ _ _ _ _ _ _ - - 1 - _ - - - - - - - - ~,~,9,~i4u~.L' ~'r vJf1U _~1.F-I~ERIIIE~ER.~- _ _ . - - ' - p - - - - EXlSI1NC WAIERllNE r T '~~ii~ „ ~~z~ - - - Z - - - EXISTING /PROPOSED STORM _ _ _ _ _ _ PROP.-pA' O~W[IgNG1Y~l- ~ _ - - - ---_P_RQ~_-qTY_~--Nd~0NGi0N I. _ 5 FT SI~WAlK > 5 FT SI~WALK , CULI~ERT , - w SEWER & CATCH BASIN ' - ~ ELP. EXIST. IRON PIPE i i WATER METER SERVICE CONNECTION - i - DATE 9-13-06 ® , ~ ~r_ I E.C.M. EXIST. CONCRETE MONUMENT ` O ~ R .SCALE.' 1 100' HO Z rnref win eNn~ eRFa FnR NORTH TRACT = 619.050 SF (14.21 AC.) ~ , T r ) ~ L HANDICAP RAMP TOTAL IMPACTS FOR NORTH TRACT = 11.251 SF 0.26 AC. 1 DRAWN BY JSL = 4_ ~ a TOTAL WETLANDS PRESERVED IN NORTH TRACT 607799 SF (13.95 AC.) 4L. EX. ELEV. & DESCRIP77ON CHECKED BY.• HSR AC71VE OPEN SPACE PROJECT NO.: 04-0011 PASSIVE OPEN SPACE Sh®et No. Of 2 - WETLAND PRESERVA77ON AREA nror To scacE ~s ,4 100 50 0 10o zoo 300 35, PAGE 3 d5t~ ~pIH SCALE IN FEET.• 1"- 100' us 76 ~ y ~ / \ v. ti . ~ N ~ ~ ~ ~ • _ \ rH~ . ~ 7s, ~,?e, j~ ~ i BS~2~f ~ ~ s s 1- ,Rsy 1, NEW HANO~ER COINVTY PARCEL NOS: 'v s;~e 801200-OD7-03O-000 & R0720O-007-031-~0 2 Tnr~ TRACT AREA: 0 - NAVANp ~ ~If. SR 1592 ~ ~ ~ I NOR1H TRACT = 1,701,155 SF (3906 AC) g rvy SOUTH TRACT = 1,741,964.4 (39.99 AC.) 9 ~ ~ ~ r~ i ? ~ ~~i'A ! i Qi ~ TOTAL AREA =3,444,119.4 SF (19.07 AC.) ~ 3 E~S1iNG ZONING aST16Ct R-15 ~ ~ c4 4. LAND CLASSb~TCATION: RESOURCE PROTECTION ENGINEERING % / ~ ~ t y 1 5, TREE REMOwAL PERMIT TD ~ oBrA?NEn. LAND PLANNING 15 FT PERI~NETER' BUFFER ~ N s. LANDSCAPE PLANS ro BE PROwDED Br OTHERS COMMERCIAL RESIDENTIAL s s / 'sp THIS TRACT IS LOCAIEn IN ZaVE C ACCORDING TO THE FEnERAI EMERGENCY MANAGEMENT AGENCY'S P.O. Box 4041 2z, _ - ~ ~ F, > 80011 NVSURANCE RATE MAP, COMMUNITY PANEL Wilmin t n 84 6 NAARdIAI HIGH WATER LINE ~ ' ~ ~ s? - ! _ SSS _ NUMBER 31011;6 0090 DA1ED: 9-3-92 g o , NC 2 0 ~ 910 791-4441 8 51tF ADDRESS IS 1300 NAVAHO 1RAiC r' % ~ ~ ~ ~S9 B~ X36' 9. NC#NR/tiM0 STpUVWATER MANAGEMENT PERMIT REQUIRED / ~ i 16~ AND TO ~ a3TAINED. ~ ~ ~ / _ l v~'' ~ 18 s~s~ _ ~ 10. NEW HANOwR COUNTY QDEIYR QS SEI'VTAITON ~ EROSKMV 3o8b6, CONTROL PERMIT REQUIRED AND Tn ~ DBTA9VED. Ebb i i S O 1f. BUILDING USE IS FOR SINC4E FAM6Y HOUSING Q ~ ~~m ~~.vs ,_\~~'49s•~s' , ~ 12 1TIIS SITE IS PROPOSED 1D ~ A CLUSTER DE4fI.a'MENT. ~6B 0 a _ - _ 13, iN~NdAMED STREETS TO BE NAMED PENDING APPROVAL FROM ~ $ $ ~ ~ ~`f8 w . e ~ Spy 16~ SO ~ m - FRANCES DONNA aS ANALYST pTY A~RESS COaiDINAIai t @ . 5 ~ ~ , ~ 9 ° ~ _ - ~g ~ ~ ~ ~ C s8 S ~ E~ ~ ~v ~ - ~ /P ~s E . "i 0 ~ a~~ ~ yt , S~ 7S 9 - ~ S ~ ~ ~ - ND>E Pawn ~>raW aEVAnoNS >n BE ~aa~ >HaN AndAAr,~r NE7LANDS ~ V ~ - ~ ~,g 4 1~~~~ /r \\\~E~ ~ h _ ~ ' _ r • ~ . ~ NOTF• COASTAL MERAVWS Ally NORMAL MG11 WATER LAVES FlAGCED BY ~ ~ a ~ ~ ~ , , o° 1 ° TflERni ENNRONMENTAL !>yt IN(; 8Y ~ '\E ~ S ~ E.; ~ E v~.~~ ! I A _ _ 'gym SOU OUP, AND 4ERIlf1ED W ~ 3b , ~ ; _ i PATRlpA ROBfR>S, LPO FAR NEWHANOVER COUN>Y ~ ~ MARSH LINE ~ ~ ~ ~ ` E ~,,e`~ . E ~ E, . e~-~ / / 30 FT DE 1S s - ~ 4! a ~ ~ 1.W (PROPERTY tll~) ,'i y~v ~ ..E . E~\~ y , / , ~ E. L'.. ~`E~~~~v S - 2SFT PERIMETER ~ 1 ~ 4 BUFFER ~ ~ ~ ~ "'1 ~ ~ ~$,~o U) $ v a L ~E~. Jj \ ti Z a€~a / ~ ~ E v ~ z:~~,' k v 7S~ v' F ~ J~ ~ o as j (I ! , ~ '~E\ E ~ ~ Al A ~ ~ OE 7 ~r S '~f' ~5! \E v A ~ ~ti ~ a A i ~pN ` a ~ v. ;O.N - S i ~ a J) ~ fi ~ a~ 1, ~ vv.vA ~E.' y~, , p, ~ STORUWATER A9 ~9 ~~'i ~ ~'v ~ E ~ ~ \~i. ~ . ~ POND ~ ~ E \ . , , T ~ ~ ~f' ~ ~E ~ `~o Z~ t / ~ ~ E\\, + ~ ~?;EE + + 75 FT AEC SETBA ~ ~ ~ ~~v`=, y, E^s ~ . 5 FT + + + ? ~,a + v 1 ~ ~ ~ ~ ~ ~ 1 A{K ~ ~V A~FV ` f w + + + + ~ ti . + + + + + ~ S'R)lUIWAiER y ~~\E .E ~ ; ' 7~1 ~ lp t' , ii ` J b~. ~F ~ + + + + + P ll~ ~ ' pg ~v 1v\E\\ ~v ~A6 \ ~ yE,- v j' `E . v ! + ~ + + + + ~ ` + + i. i ~1! , ~ E ~ \ / ~ ~ ."Ev 7 u~ ~ ; y~ E v~y AS + + t + + + + Q JS(V^ a~ + } + + + ~ ' ' ~ ~ ~i 30 F7 0E ' ~ ~ \ v v 30 fT 0r' f ~2,i~Q+j SfF A~4+1(C~l ± _ + J co A + ~ ~ E + + + + + + + Q ~ + ~ a~ w 'P~~i. E E\. ~ d~, ` E ~Ny E 'k. ~ , ~ ~ ~ ' SIREALI IIIPACi t e .E ~ + - + + + 25 FT PERDMETER v~ T~ ~ U @ F ~ ~ E ~ ' ~ F~. E e~ ~ ~ E ` E + # BUFFER Q ~S ~ • 1+ ~ F ~ ~ I ~ ti A E S E ti, i ~p~ ~ ~ -E E ~ , ~ ~ ~ STORMWATER ~E F~_ _ , ,1S E. ~"E E E , i ~ .E P~ I ? ~~~~i ~E _ E e~ ~ 4 ~e, " + + N ~ 7~ ~ . E i~ G ~ E, ' 15 FT - - - - -r--- ~ E - P~ 'E + ~ ~ Z E ~E Ee E ~.E .F ,A~++ W SOU ~ B(~FER S fps ~ / ~ _ F'~-~- E E, - _ E E ~j ~ ~ J E c E t E E' .E F f3},6~1~r~ W Q . O, ~4S~ 7 \ . ~7 j / ~ w ~ 30 FFDE f E F E' . ~P IL W _ ~ I,O~s sF (0.03 Ac) 3 ~ r F E F ~ ~ Q } ~ ~ ,E ` E ~ ~ E ~ I Z W Q ELI E F ~ E F ~ ~,E~,. + + , ~ Q ~ ~ ~ z ~~0 _ E 5 FT ~ - ~ ~ i 'M ~ ~ E,, F, ~ S ~ I ~ W ~ w O 1 ~ 2 E. ,oFt i k lA E e. 5 i/ " -a-~ ~ e _ ~ , ~ sra~wArER ~ `F ~ 30 ~ of ~vD < " ' f t. ~ ~ - ~ E +N~°ACT AREA F a~ ~ ( ` - - :1 E 4 t E i 3306 SF OOVi A& y~~ E k t / ~ ~Q V.B, ~ ' \ E f -E. C ~Y ~0 ~ E ~ / e 30 fT nE~,~^~ _ A2 c ~ EAR ~ ~ a ~ r 1 j ~ ' S~~ 1p 1 ~ ~~y 1 ~ x9 0 _ \ As T~S14. ~ s - - /W Op C+.. 72S / 1 ~ s g ~ S 30 FT LIE / 3e. 9 ~ `R~` ~ d~ ~ 3gz , G9 FT s . ~ ~afb~r 1 i ~3 / fY 98 ~ ~ , J¢D Win` \ ! ~ ~ 9 y ,'0 ~ _ ~ i . , . ,~2y, 9 ~2 S1a~IWAIER J ` P `~9 ~ 1 'F'i`, " 9 i 1 ~ t ti_~ S \ . 9 Sag ~ - Y8' 7 J~9 W J e J I- 96S4p. gR ~p '-'L 9' ~p ~ ~ ~ `~8 ~ ~ 1 Q ~ ~ ~ 9~ TOTAL WEIIANDS AREA FOR SOUTH TRACT = 179,903 SF (4.13 AC.) J~ TOTAL IMPACTS FOR SOUTH TRACT = 4363 SF 0.10 AC. 92 ~ ~ ) ~ . ` 1 ~ ~ij - ~ r C S`TB ~ 9 ~ TOTAL WETLANDS PRESERVED IN SOUTH TRACT - 175,520 SF (4.03 AC.) ys. ?a 36° PROPOSED WERAND CREATION FOR THE SOUTH TRACT = 45,738 SF (1.05 AC.) ~ 99' ~ 9 30 FT DE i ~ Y ~ / ' 25 FT PERkkUEETER p ~ BUfI•ER OP. 5 F'T vn / i/ d9 5FT r , J 5~f1Y 3g 25 FT PERIMETER BI~FER & e 4 ~'9~`~,~ ! r9 ~ ~ fib. , - S~93O W ~ 8J - 9. J 8) 3S i 86+ 7 8 \ ~ 6 6 l 13 f ~ 6's ? ~ ~ ~ ! Jt\ ' ~ '~~/4 Y ~ A /43~ \ (Y ~ - ezsaw z.w ~ s 8~ ~ ® ~ EXISANG BOUNDARY ~ W s ~ CENTERLINE of RIGHT OF WAY ® 8i ~"f CONTOUR LINE & fLEVAAON ~ . S3 ' 8g puZ 80 ~ ~9 DRAINAGE fZOW t ~ 40 8 EXISANG SANITARY 938' ~ SEWER & MANHOLE * r~ - EXISANG WATERLINE 'I EXISANG /PROPOSED STORM O Z SEWER & CATCH BASIN Y ~ ll EGP. EXIST. IRON PIPE _ s3e~ i ~ W ® WATER METER SERVICE CONNECTION _ DATE.• 9-13-06 E.C.M. EXIST. CONCRETE MONUMENT HORZ. SCALE.' 1 100' _ - - _ HANDICAP RAMP 4 (D. ~ EX ELEV. & DESCRIPTION DRAWN BY. JSL CHECKED BY.• HSR ACTIVE OPEN SPACE PROJECT NO.: 04-0011 PASSIVE OPEN SPACE WERAND PRESERVATION AREA 2 [Sheet No. Of 2 / I / ` / ~ \ \ c ~ ~ `1~ 100 50 D 100 200 300 NOT TO SCALE Ug 74 , - ,``~'i`IJI i jF~ ~ . ~ ~ . r` ~ ; ~ ; pp~ 3 4.8.35, (tEt RE1• ufR SCALE IN FEEL 1 100' ~ ~ ~ ~ T ~ ~ ' NCI HPN~ ` ~ i i' US 76 ~ s 0 , A,~ I. NEW HAN04ER COWdTY PARCEL NOS,: R0720O-007-030-DIJO ~ R0720(}-007-031-DDD _;r N 25~ Z IUTAL TRACT ARfA: ` . v' NORTH TRACT = 1,70Zf55 Sf (39.08 AC.) SOU1H TRACT = 1,741,964.4 SF (39.99 AC) TDTAL AREA = ,T,444,119.4 SF (79.01 AG) ` piE 1 \ \ , ' O 3 E~.SDNG ZONd9G DlSlll<Ct R-15 ruv~wo,ea j 2 ~ 1592 4 X - 4. LAND CLASSfFICATKtN: RESOURCE PROTECTION & ` YAUSKEY f~. ~ / ~ ; 5. TREE REMOVAL PERMIT lT1 BE OBTAINED. : 6, LANDSCAPE PLANS TO BE PRONDED BY OTHERS pqR ~ v j ENGINEERING 7. 11115 1RACr 15 LOCATED IN IONS C' ACCORDING Tn ~ ~ R~ R/ tn' GF LAND PLANNING ~ ~At EM~NCY MANA~ur A~r?C~s fL~D INSURANCE RATE MAP, CONY PANEL COMMERCIAL /RESIDENTIAL \ //y NIAIIBER 370168 0090 t~ DATED: 9-3-92. x' AC1 AREA ~ ~ 1S 1300 NAVAHO TRAIL P.O. Box 4041 _ _ ~ 8. SITE ADDRESS 1 12 SF 0. AG ~ _ ~ ) IiiPAC AREA ~ _ ~ ; ~ ~ 9. Na)flWT STOI~IWATER MANAC~ENT~PERMIr REQUIRED Wilmington, NC 28406 /D ~~i~~. 398 SF 0.01 AG 5 ~ ~ = AND ro eE OBrAM1ED. 910 791-4441 r~ ~ _ , ~ ~ _ = 1a NEW HANO~R ~~Ras sE~ranaN ~ E~oN 4 6 1' 7 ~ ` _ _ coruTRa. PETdWr I~QU~EO AND TD BE OBTA9NED ' i 11. BUflL19dC USE IS FOR SIN(kE FAMH.Y HOU~NG ° W ~ ` \ I _ ~$b~ m 8 V , , ` r L KERB ; COU . ~ FT ~ ` 12 THIS SITE LS PROPOSED 1D ~ A CLUSTER DEVELa'YENT. - 1,~ uTMIAYED STREETS in BE NAMED PE1+~ING APPROVAL rxoM ~~=a VA 1E R _ s FR,was Do as ANaLrsr aTY A COARL>Cd1A1DR MN$ ~ ~ t ~r$ - :~~-0 ~ . CULI~RT ~ ~ ~ \ _ i_ r A~~" _ 10 ~ ~ f ~ ~ JO i PRGP 5 ~ ~ V ~ g~6 14 S1DEW ~ y y a ~ sus 13 300 SF 1 ~ 12 11 ~ y y y ` ~ ~ ~ o t7 Rueuc ~ ~ ~a .r'` ~ y y y DRArHaCE EASE~r ~ O ` ~ ` ~ m y w ~ ~ ~ ~ J m~~ 15 t ~ ~U +V y y y y y Rqi ~ ~ ~ ~ y ~ y ~ ~ ~ s~O ® 2 sfi 1 25 FT PERIYEIER a y y y y y y y W ~ PROS SFM `a'~w° ~ ~ PROP: WA1KI FN \ - - s $ r e BUFFER 16 I i y y y y y y y y y y r i` ~ i , ~ o ~wi; 1RAIE ° . . , o a ~~a _ ~ i - "1 ~ ~ I ' r~,~ / 7 g~~€ ' y ~L y y ~ ~ _ ~ - ~ .i_ ~ v ~ ~ ~ y y y ~ y y y y y y y I _ - 5 ~ _ ~ ~ 17 I I` y y y y y y y y y y y 1 y ~ i y i ~ 25 FTPERIMEIER ~ ~ .,2p~. ~ ~~~'a W y 49~T r _ I y ~Y y y +L y y y y y y y ~ I ~ ~Y y y y ~ ~ BUS \ \ 9 ~ l ~ ~ - ~ ~S i ~~Y' ~ y y y y y y y y ~V W ~L y 18 ~ G ~ ~ ~ e~~- I ~.1 y y y y y y y y ~ y y y V 1 ~ y. y ~ y y y y y ~ y y - ~ae~ ~ i ~ \ 1 3 L 3DfZ~ y y y y y y y y y y ~ y .y y ~ ~ y y y' ~ `L ` ~ ~ ~ ~ N N n 19 ~ ~ I \ ~ b, y y y y y y y y y y ~ ~ N ;n y. ! y y y y y ~ y y y y ~ ` ( W n 2D I .y y. ~Y ~Y y ~ ~Y y y y y v ~ _ 27 _ U ` i~ ` Q ~.I 1 v v4 ~Y ~Y y y y y y y y y ~ ~ Z J y ~ ~ - - ~ ~ ~ ~ 0 Q 21 `1' 'Y y' '1' y y AND$ ~ I EXIS`~iNG WETC ANDS . \ ~ o Vi Q ~ , ~ 28 W y y y y y y y y y y y ~L ~Y ~ y v y ~ ~ ~ ~ W ~ y ~ ~ ~ _ ~ ~ ` ~ ~ j ~Y y y y y Ji y *L y y y ~ 22 y ,v w ~ y y y y y ~ w ~ y _ ~ OOU ~ ~ ~ z p ~ I 29 y y y y y y y y y y y y ~ y y ~ 3~ p ~ Z 4 y y y y y y y y y y y .v ~ y V ~ o z ~'S w w w ~ ~ ~ y w ~ 55 ~ ~ . y ~ ~ ~ ~ ~ Z IMPACT AREA BREAKDOWN (NORTH TRACT 23 PROP. p1Y OF N~lG10lV y y y y y y y y y y 56 ~~-A ~ o O ~ y y W ~ J• y~ ~ y ~ w ~ ~ W y ~ ~ y AREA AREA SO FT AREA AC. NOTES 5 FT 51DE11'ALK I 30 I y y y y y y y W Ji y ~ ~ ~ ~ ~ y y ~ .v y ~ ~ ~ W y ~ ~ ~ rr`` mZ 2 V A 2 675 .O6 57 v. ~ y ~ ~ ~ 54 , ~ B 4366 JO y ~ y y ~ ~ y ~ ~ y 24 C 2 300 .05 31 y y y y y y ~ v. y ~ w ~ Q ~ ~ ~ o ~ D 1512 .04 y y y y y y y y y y y y - ~ ~ ~ w y y y - 2 ~ y ~ ~ ,y ~ i i ~ o 58 E 398 D1 ~ i~ q 1 ~ ~ ~ ~ ~ y ~ ~ y y y > ~A W DS AREA FOR NORTH iRACT = 619,050 Sf (14.21 AG) 25 TOTAL WEiLAN y y y y ~ y y ~ ~ y ~ 32 53 ~ ~ d ~ z c TOTAL IMPACTS FOR NORTH TRACT = 11,251 SF (.26 AC.) p ( ~Y y y y y ~ ~ y y y y y v~ y .v y 43 r ~ w ~ 3 ~ 59 ~ i ,i o W O IMPACT AREA BREAKDOWN SOUTH iRAC1 26 y y y y y y y y y J. ~L y ~ ~ ~ y y ~ ~ ~ AREA AREA SO FT) AREA (AC. NOTES ~ ' ~ 33 y ~ y y y y y y y y y ~ y y _ 30 ~ ~ - f^~ 1 11 ll ~,~~gy640i1koPjFp~,~ ,08 SiTE STILL IN CONCEPiUAL PHASE \ ~ ~ E 3306 ~ y y y y y y y a ,y ,y y y y ,y ~ y y ~ 52 s~ ~ ~r 42 ~ 1 ~ 60 n _ ae ~ ear y mo.o~ .g F 1076 .02 SITE STlll IN CONCEPTUAL PHASE ~ ~ y y y y y y y y ~L ~Y ~Y TOTAL STREAM IMPACTS = 72 LF tOTAL WETLANDS AREA FOR SOUTH TRACT = 179,9D3 SF (4.13 AC.) unuTY ~ ~ - y y y ~ y ~ ~ v; v y~ 'T ~ y y y 51 ~ ~ Q~ ~ 1 CTS FOR SOUTH TRACE = 4,383 SF .10 AC.) r j EASEMENT ~ TOTAL IMPA ( ~ ~ BOOK 328E PA 40 y y y y y y y y y y ~ 41 ~ n , y ~ ~ y ~ 61 SEAL ~ rr DE l - _ iOTAI AREA OF WETLAND CREATION = 1.05AC. ; ~ ~ ~ ~ ~ ~1! i y ~ Gj ~ BUFFER 1 v S ~ y y y y y ~ I ~ ~ w i - ~A A y y w ~ y y ~ , , w ~ ~ Fib 40 I y w 1 ~ ~ -i~ - °~~1~~. TRACTS = 798 953 SF 18.34 AC. ~ ~ I I~ S ~ sse ~ q~ ~ 3o~t AREA FOR NORTH AND SOUTH ( ) > , µ ; sloEwaus q ~ ~ TOTAL WETLANDS p y ,s, y y y ~ y ~ ~ I ~ S~ l l ~ r„' rs*,,~' IMPACTS FOR NORTH AND SOUTH TRACTS - 15,236 SF (0 ) ~ TOTAL ~ ~ s ~p ~ ~ I ~ ~~~AFs tt,9~t,~,x ~ -__1__J t30 Fr DE ~ - - ~ ~v y y ~v ~i TOTAL AREA OF WETLAND CREATION - 45,8?6 SF (1.05 AC.) i , nr,~ ~ i ~i I 39 ~ - ~ -"i G r - i ~ I ~ ~ \Elv;~aCl~ B~~?~,~~, ~ ~ I w w a, y y ~ ~ _ _ i - ! n, - I V` I 1 ~i ~ 1~ ~i . , P«~ i~j~ ~ a 1 I y y y y 30 FADE ~ I I ODE . 5 Fi 49 63 ; r m~ ~ ; r `P ~EWALK i a~~ ~ y J~ 'v J~ I A2 ~ I ~ i ? . 'l I ' ~ Ji y y ( I ~ ~ ~ FW- ~ 35 7 38 : f, 44 46 47 48 ~ ~ 64 ~ ~ Q ~ 34 36 3 ~ 1 45 ~ i ~ I ~ I 34 - y y I m ~ ' ~ <,y I y I i a ~i a : ~ - ~ ~ ; ~ a~ " I i I hIiPAC AREA ~ 65 ~ ~ ~ ` i _ _ , I I 4,J88 SF 0,10 AC • ~ I - _ - ~ ~ . ~ ' ~ ~i a - _ ° _ _ _ -i + -Li-i - - -~-F_ _ ~--F- _ w _ 66 i ~ - Q , . ~ v _ ~ _ i ~ « tG _ - ~ _ ~ _ - .5 6 ~ ~ - I o d' ~v~.,;. G Fl~ I W .C'. icy L SIDEW ` r ~ i ~~2' ~ ~ i (0 1. r~ ::~i- - , ro~ ~ f _ ~ . ~ dYPAC AREA ~ y 68 ~ < J I ~ X815 SF R06 AC. ~ 76 74 73 69 6 AC. ~ ~ 75 72 71 ~ : 70 ~ a ~ 25 fT PERhYE1ER i~ i I, l ` ~ unurr BUFFER Ii PROP. WALKING ~ PROP, WALIONG PROP. WAUOIR~L , . , . , - iRNL i~ Q - - - _ _ - - _ _ _ TRAIL - - - - _ ~ - _ _.i J~~.~' _ _ ,v, _ ~ ~i.~i - - _ _25 FT PERIMETER- - BUEEER - - - _ - - - - - - - _ _ _ - - - - _ - ~-aIKl1E.Ii~IGION W 5 FT SIDEWALK 36 ~ f( Rp0 - - RAD 38 5 Fr SIDEWALK , akV£Rr _ , - I LINE TABLE EURVE TABLE ~ it ~ _ ~ 12" 12" _ 6,~ EXISTING BOUNDARY , , CJRVE ~ IUS ARC TANGENT CHORD BRG i ~ L1Nt BEARING LENGTH CJRVE DEtiA RAD Lt 511'3818 W 80.30 FT ~ SLOPE AWAY FOR AOXl '40 SUPERELEVAiION _ _ C1 Ci 8959'59" 100.00 FT 151.08 FT 100.00 FT S56'38'18"W ` ~ ' w i L2 S78'21'42°E 635.46 FT X90 CENTERLINE OF RIGHT OF WAY C2 C2 66'15'04" 230.00 FT 265.95 FT 150.08 FT N6830'46 E ~ L3 S35'23'14°W 410,67 FT fI 61.52 FT ' 4'46°E ~ 40 ~ R 1 NI ` 2~ ~ CONTOUR LINE k ELFVADON g ~ ~2 " C4 C3 29'56'56" 230.00 FT 120.22 N202 L4 N0526'19°E 578.96 FT C4 6736'21" 230.00 FT 271.39 fT 153.99 FT N28'21'52"W ~ 24.12 FT 6" _ - 230.00 FT 275.75 FT 157.17 F7 58329'10°W L5 N62'10'03"W C5 6841'35" L6 S5659'S9°W 50.00 FT DRAINAGE RDW _ C5 !f ff C6 C6 1149'10° 230.00 FT 47.45 FT 23.81 FT S1T32'52"W L7 Ni1'38'18"E 18802 FT C7 C7 4926'19° 100.00 FT 85.29 FT 46.04 FT S4870'37"W L8 N72'S3'47"E 53.03 FT O NOT TO SCALE cs ExisnNC sANITARY NOT TO SCALE C8 3278'42° 100.00 FT i 5e.39 ET 28.91 FT 56824'21'E L9 N84'33'41"W 292.31 FT Z SEWER & MANHOLE L10 N5275'00°W 59.93 FT > - - EXISTING WATERLINE C~ ~ C/1 L11 584'33'41°E 210.00 FT W A• ~ Q fXiSflNG /PROPOSED S70RM gp' ,w 50' `W ~ `w 40' ~W SEWER & CATCH BASIN 30' 30' 25' ~ ~ LDTUNE 10R1NE DATE:• 9-13-OLi ~ , 14' 14' 14' 61.P, EX1ST. IRON PIPE 40' 4D 14~ i q0 f1 1r M= 5 NORZ, SCALE.• 1 100' ,r 1r nP0 ~ WATER METER SERVICE CONNECiION 18~ 1B~ 11' 12' i ~n' n= 0.03 I i/+fT tf;'/ 3 DRAWN BY' JSL EC.M. EXIST. CONCRETE MONUMENT 2' ASPHALT 2 1ASPHALT 3: t 2' ASPHALT t 2' ASPHALT 2 t/4./ I 3' VARIES x!~ t/4 / FF. 3 t Z__, t r CHECKED BY. HSR V28 1/4 / ff. HANDICAP RAMP 5 SI SIDEWALK 2 1 4'/ FT. ALK 2A9 a '1 90 EX ELEV. & DESCRIPADN TYPE H 6' ABC TYPE H 6' ABC 7=1 5, SOEWALK / GRASS LINED 6' ABC PROJECT NO.. 04-0011 H Age TPPt: Ct6 TYPE N CL W H cuffim TtPE H .1GRASSED CHANNEL a>~c (tH?~Tm PITCH) cr>mrc - - INARTED RTCH CUSS (NM RTED PITCH) 50' R\W ACnVE OPEN SPACE 60 FT R/W (PRIVATE ROAD) 50 FT RIW (PRIVA R/W (PRIVATE ROAD) 40 FT R/W (PRIVATE ROAD) (20' DRAINAGE EASEMENTS) 1 2 TYPICAL CUL-DE-SAC PASSIVE OPEN SPACE SNEET CROSS SECTION STREET CROSS ~ROSS SECTION STREET CROSS SECTION NOT TO SCALE Sheet No. Of NOT TO SCALE NOT TO SCALE NOT TO SCALE NOT TO SCALE r TO SCALE NOT TO SCALE US 14 100 50 0 100 200 300 1p.B. 35, °0.t~.~ ~~tYRY HaNOV~ SCALE IN FEE7• 1 100' us ~ ~l ~ ~t' ~ i s e~~,. "~3s• - 2g, ,e, s ~ 6 2. ~ 1. NEW HANOVER COUNTY PARCEL NOS: s~r£ ~ / ..>r ~8i 2+ RD7200-007-03D-ODO do R0720D-DD1-031-ODO ~ rOrAL 1RACI AREA; ~ ~w„o,w~ ~ ~ ~ ~w Issz ~y i NORiH TRACT = 1, 702,155 ~ (39.08 AC) rasrx ~ ~ ~ ~ ; ~ ~ >naacr= 1,741,9&4.4 ~ (39.99 Ac) / ~ I ~ - o a A T01AL AREA = 3,444,119.4 ~ (79.07 ACJ 3 fXISnNG ZONING IBSIRICt R-15 a ~ 4, LAND C1ASS1FlCAnON: RESOURL~ PR01ECnON ENGINEERING 15 fT AEC 5~7BAClf ' 25 F7 PEi01~1ER% 8 TREE REMOVAL PERYIr 1D 8E OBTAINED. LAND PLANNING ~ ~ BI~FER i / 16 ~ 6. LANDSCAPE PLAINS lO ~ PROV1DEfl BY OTi#RS GO,N~ERCIAL RESIDENTIAL © H ~ sl se 7. TiIIS TRACT IS LOCATED RI ZOI~ C' ACCRRINNG TD THE FEDERAL EYERCEN Y YANA i A YS P.O. $oz 4$41 C GE~I (ANC w~ ~ - ~ 22f ROOD INSURANCE RATE YAP, COYYUNiIY PANEL NUMBER 370188 0090 DATED: 9-3-92 Wim~ngton, NC .28406 NORMAL HIGH WA>FR UNE ' / s2 l s ' ~ (910 791-4441 8. SlE ADDRESS IS 130f! NAVAHO TRAIL ~ 16 0 3s, 9, NCDEi~/bMp STDRYWAIER YANAG~NT PERYIr REQUIRED ~ 16 ; , ~ A ~ '~y , AID TD ~ oBrA91ED, h ~ C~ ~ 6'~$ % ~ p 5257 , 1R NEWHANOVER Ca1NTY CRENR/1QS Sf1rAnAN ~ ER~1 ,308, ~ ~ ag %ow W ~ CONTROL PERMIT REQUIRED AND TD ~ OBTADIED. E a r~,• _ _ T1. ~D9VG USE LS FOR SRJ((~E-fAYE.r HOUSNO ~ _ cH.49s.16' - ~ 12 iNIS S1TE IS PROPOSED lO SE A CLUSTER DEVELOPMENT. $ ° $ , 166 0 ~ , ~ e r , . ; S~ ? ~ ~ ~ ~ _ - . 13 L~1NAwIED STREETS TD 8E NAMED PETiIl~VG APPROVAL FROM ~f s"(/ 16~ ~ . 5 ~ _ ~ _ FRANCES DONIV~ qS ANALIST/qTY ADDRESS COORD~IATOR ` m ~ ° n ,o a ~ ~ ° ° _ _ a ~ E,~ s ~ ~ L E S ~ ~ E , 6s is 9 v - - _ NOTE POND BDrrau FlNI~fED ELEVAnoNS TD ~ RICHER THAN ADJACENT NEn.ANDS V V ~ ~ fi _ ~ < E \ Xj0 T E E E ' / f7IlE 1 ~^a U' ° NOTE COASTAL NETtANT)S AND NORMAL HIGH WA1ER LINES fLAGGfT/ BY a SOUTHERN ENVIRONMENTAL GROUP, INC AND VERIFIED BY ~y ~'s E E E /~~E ~ / / ~ ® _ ~ - _ m PA1RI(12A ROBERTS LPD FOR NEW HANOVER CDIINIY. ~ ~ ~ E E 'E E E. E / / 1 0i YARSH LINE E E , S -..V ~ ~ :W 6J.`CI 1"G7111gL IGII ~ ~ ,g~o (PROPERIYLINE] ~ E E ~E E E E E ''E E ~;,E / ; aSs p11CC: H _ ~ ,,,W u E E~ E E { E E E ls2 ~ ( a~ 7~ y 6~ E E E E ~v' E ~ ~ _ - E E`'~.~ y(.~ $ y~ 2 _ ~'t o T ~ ~r'G C~ ~ ;I ' E E -E ~c~E is 1)`3 1J ~ a ~ o 3 ~ ~ ~e~€ ` E ~ i/ E E E E 30 FT DE 1S '14' ~ ~P ,m°y `Eat ' E E ~ ~ 1j, ~ ~ E , ~ i 1~4 0 ' O m. isa ~ ? a ~ _~°oa, ~ E E~:. E E ~ E r. / 13~ ~ E E ~ E A"~ 9 - C' S 829 s ~ r j ~0• ~ ~ ~ ~ E E E POND t v - ~S~ 6 + r;; - ~ ° ~ ~ r i E ~15 ~~S~A~ / ~ E E ~ ~ ~ E E ~ 1~ . 5 FT T + + ~ , + + + / E ( ~ ~ ; E E 7A sra~uwaiER ~ ' 1~ E k + + + ~ 10 ~ POFAJ E ~ lA / ; 9 s 1AS s \ - + + + + + + F 1 E E ' ( 17 E E A + + + + + + + ~;I?~ ' E E E i lei + + + + + - Q 1~S + + + + + ? ~ ,~2,TJt8,~ SF~ R~4+~C,~ + + + E ~ li 30 FT DE E E a~ 30 FT D~ ( ~ ~ 2 E t 30 FT D# 3O F r DE E E E + + + + + + + + + + + + + + + + _ ~ _ ~ , O ~ D8 E E ~ s~ 11,3 E ~ . ~ E E E + + + E + r ~ Q ~ E E E + + + + + E T L nJ E E E E E STREAM IMPACT E E E E E E + + E E + + + ~ ~ 25 fr PERIYEIER ul ~ ~ U r'~ E E E- E E 721f E c E E F E E E E E BUFFER a Z E E ~ E E E E E E E E E ' i O O 10 ~ E E f ~ STA~fWA rI'.~t E E + + h 2 ~'YWA rI'~ ~ E ~ E E E E E E E E E t+++ ~I ~ W N Z ` ~ 11S E^ E E E ~ i \ E E POND 'E E e E E E E E E E E E E E I N ~ ~~O l 11 E E 1 B E 1 , ~ OS \ E ~ E E E E E E E E E E I~ O~ ~J ~C E E E E E E F E E E + ~ m Z E E E E E E E E E E E + ~ ' z O ~Z 25 ET PERlME1~R 1 E e~~ ~~r~rdep l 1) E E E E E E E E E E E E E U (n U S,~, S ~ 1 / ~ E F ~y.~ ~ Q J E E t E E E E E E E E +t i ~ a Q~ .O, ~ ~s%. 10 1B / / NiPACT AREA W~ " - ~ / t ` ~ ~ FT DE 1,016 SF (0.03 AC j E E E E E E E ~ SAG) ~ ~ W E E E E E 2 t E E ~ O E E E E t E E E E E ~ O O Z ®J ~ w i ~ ~ r! 0 120 y, E E r E E E c E E * E + ~ Q Z E E E ~ i~`_ ~ ~ F' ® S~ PROP. 5 fT ~ ~ `~,,4 s?G~ SIDE'WALK ~ E E E • S _ ~ w UW o E E o -1 ; ~ p E E E E ~ ~ J Z 3~.~ 72 ~k i i E 5 ~ ti' lg E E E E E E / I ~ I11}fl 1 STORAIWAIER ~ ~ POND IIWAIER E E E E E x/ ~ ~ j~ ~ E E E E E E ~ kYPACT AREA F a~~ ~ ~ E E E E E E X306 SF (ROB AG) pFIO,,((~"~+~' ; ~E ^ 10 1 E E E ~ Q- 'Y °i E E t 7 ~ a ~aa l' n - 2 2~T / E 3D Fr DE1,. L ° , ' ' ~ v 5 ~ 101 1 3g4 . ~ 2A ~ ALK { ~ ~ :.d ~ a rp Sr4` 1 a r w o0 0 . 12s / Al ~ ~ ; GBN~..~ IMPACT AREA BREAKDOWN SOUTH TRACT) S 9 ~ ~ 30 fT DE / ~S 9 ~ ~F 12 f DE / ~ JJi . ~'4? ~ 's ~ ~ I ~-j y9iM1 i ~iC~~ . 3~yTeestaCgal' AREA AREA (SO FT) AREA (AC. NOTES r , 1%,q FT ~ s 1 I( E .O8 511E STILL IN CONCEPTUAL PHASE ~d I w 98 3 306 _ r ~2 j F 1016 .02 SI)E STILL IN CONCEPTUAL PHASE - ~ ~o ~ ~ s _ S3. 9~ TOTAL STREAM IMPACTS - 72 LF /e~, . a ~ ~ a ~ i / r ~ = 1 9O3 SF 4.13 AC. T~~~e` 9 1 TOTAL WETLANDS AREA FOR SOUTH TRACT 79, ( ~ - 3 w 6 ?g ~?g S1i7RAtWA1ER T~9 a~ t ' IH TRACT = 38J SF .IO AC, Y TOTAL IMPACTS fOR SOU 4, ' ~ ~ ~ 12 ~ r POAD S . . 129 'I~ W - S_; ~ S ~ s TOTAL AREA OF WETLAND CREADON - 1.05AC. s3Q ~ e 1 ~ s~' 9 ~J, ~ ~Sg~.'!p 4 1~0 30 FT 3B m ~ d ~ ~ _g D 9~3 ' \ i ~ S2 ` vim n 9i ~ 131 1 ~ ~ i - , 1 v, 3Bys~ 91 ?4,9~.w fi 13 ~ . ~ 2 ~ i l 30FT~ i ~ ~ ; i S; 9 90 1'3~ . I 25 Ff PEfER ~ BUFFFN OP. 5 fT ~ OP. 5 fT . r 1 ' ~ 25 FT PER~TER B9 ' - 9 SJOFW' 3~ ~1FFER ~8 C~ . S 68 ~ ~3 rs, aD. , 8, S 1 'j 8 ~ 3 s s 1~ ~ , ~ 8 + ~ _ ~ ~ ~ ~ ~ ~9A 'sa~g3, ! Y 97 . ~ 8R ~ - .2,~ s J ~88243W d ~ ~ W 8 ~ ~ 2 ~ ~ I EXISTING BOUNDARY - ® 91 539. _ 403 , 8~ CENTERLINE OF RIGHT OF WAY 2~ ~ ~9 ~-_r CONTOUR UNE & ELEVATION ~ ) ' 40 8 939, DRAINAGE FLOW ~ ~ !'r ~ ~ i i Q Z EXISTING SANITARY - SEWER & MANHOLE - EXISTING WATERUNE ~ " , - ~ ' i.,. 11 S3e\ ! I W EXISTNG /PROPOSED STORM SEWER & CATCH BASIN _ Lys 6 K' ~ t ' ~ c~' EI.P. EXGST.IRON.PIPf ® WATER METER SERVICE CONNECUON U I ^^1, HORZ. SCALf~ J = 100 E.C.M. EXIST. CONCRETE MONUMENT DRAWN BY. JSL T HANDICAP RAMP CHECKED BY.• HSR n ~ cr EX. ELEV. & DESCRIP77ON PROJECT NO.: 04-0011 AC77VE OPEN SPACE Sheet No. 2 Of 2 PASSIVE OPEN SPACE Nor ro scaLE us 74 100 5o a 100 200 300 ~,g. 35, COJN~Y AEgSnRy NE~HpNOVfR SCALE IN FEET: 1"= 10v' us 7s ~ ~ r i ~ ~ ~ ~ ~ i' ' ~ ~ , ~ ~ U I Z mere E i. NEW HANOVER COUNTY PARCEL NOS.: n ~ ~ ~ i R01200-001-030-000 & RG7200-007-031-000 2. TOTAL TRACT AREA: s~>£ ~ ~ ~ ~ ~ ~ ~ SR NAVAHO WAl i NOR1H TRACT = 1,702,155 Sf (39,08 AC.) 1592 4 / ~ ~ ~ SOU1H 1RACT = 1,141,984.4 SF (39.99 AC,) wusKEr p+~x ~ L5 !y ~ ~ ~ / ~ ~ ~ ~ ~ TOTAL AREA = 3,444,119,4 SF (79.07 AC) ~ ~ 3. EXISTING ZONING DiSiRICT~ R-15 ~8 ~ ~ ~ ~ ~ ~ ~ i ~ / ~ ~ ` ~ 4. LANG CLASSlFlCARON: RESOURCE PROTECi1ON ENGINEERING 75 FT AEC SETBACK °1~ / / ~ ~ ~ ~ / / / ~ i ' 5. TREE REMOVAL PERMIT i0 BE OBTAINED, LAND PLANNING 25 FT PERIMEIER~ ~ ~ ` , ' , c ~ / BUFFER / ` , A ~ 6. LANDSCAPE PLANS TO BE PROVIDED BY OTHERS. COMMERCIAL /RESIDENT/AL p , / ~ Z 1HIS TRACT IS LOCATED IN ZONE "C" ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCYS P.O. Box 4041 w ~ 6i ~ ~ . ' ~ ~ ~ ~ FLOOD INSURANCE RAZE MAP, COMMUNITY PANEL ~ ~ Wilmington, NC 28406 UNE _ _ S? ~ ~ l NORMAL HIGH WATER n ~ ~ X ~ ,r; ~ ~ ~ ~ NUMBER 370188 0090 E, DAZED. 9-3-92. 910 791-4441 ~ 8. SITE ADDRESS IS 1300 NAVAHO TRAIL iS PROPERTY LINE ~ ~ ~S9 sS , _ ' \ ~ 9. NEW HANOVER COUNTY/NCDENR/1QS SEDIME7JTAAON do EROSION ~ / ~ s~ c~,ti , ~ ~ ' CONTROL PERMIT REQUIRED AND TO BE OBTAINED, ° € e ~ ~ Cl i / ~6S ~ a~~. ~ \ ~ ~ ~ - 10, BUILDING USE IS fOR SINGLE-FAMILY HOUSfNG ~;a ~ ~ , 11, 1HIS 91E IS PROPOSED TO BE A CLUSTER DEVELOPMENT ;tea / / ~ 'I ~ ~ T . P R VAL FROM ~ ~ ~ ~ 12. UNNAMED STREETS 0 BE NAMED PENDING A P 0 / ~s ~ i / s , ~ h ~ f ~ FRANCES DONNS, pS ANALiST/qiY ADDRESS COORDINATOR = /S \ ` / \ 9 ~ ~ SSG X6~ ~ ~ / / _ _PR . 5 ~F e i v ~ ~ s i T ~ ~ SIDEWrtLK ~ T A q e 76 u ~."s I ~ ~ ~ , ~ ~ ~ e ~ ~ ~ ~ S6 7S ~ 'p 9 1 S - ~ - NO1E. PAVD BOTTOM FINISHED ElEVA1TONS TO BE HIGHER iHAN ADJACENT NERANDS U U ~ s i / ~ ~ ~9 NO>F: COASTAL IVf1LANDS AND NORMAL HIGH WATER iiNES F1AGC~ED BY q ~ ~ _ - S01J1HERN ENNRONMENiAC GROUP, 1NC. AND VERIFIED BY ~ ; r ' ~ / fT DE ~ 48( / 121 \ S ~ Li ¢ 122 / / ~ ` ~ ~ f--~ j PA1RiGYA ROBERi5 LPO {OR NEW HAN04ER COUNTY. ~ ~E~ . - i ~1 i i ~ a a o L n 'v ~ 123 / ~ a ~ s / E 124 / ~i5 MARSH LINE o`~ / . E E ~1 i 3 ~ ~ j~ ~ ~ .w (PROPERTY LINE) ~ ~ E + ~ 25 PT PERIMETER ~ ~ 2 0 ~,~E ~ a BUFFER r , ~ m s U E E ~S ( ~ \ X ~ / E 7 E s ? ~ i ~ ~ , ~ o~~ 2 / ~ ~ i ~°aa / 3 ~ ( ~ N / n E E I ) ~ \ ~ ~,s~ I ~ ~ E /E E E (ZB 1 S) 1 ~ 1 ~ % • ~r- V ~ s~~~ ~ ~ l Np ~l ~ ~ ~ ~ ~ ~ E •..E E 1 ~n 30 FT DE 7S .Ir r fNOiP E E C 1 ~ O Q,(~'aY e Sp ~Pj~, A i ~ C~ E E' 1 PROPOSED / ~ A~q A 9 .>S l ~ '1 ~ 3~ s ~EXISiiNGSiREAM E E E'~• 1 STORMWAiER ~ 9 9 n ~ r / \ E i ~,,'C ~ / ( ~ E E E 4 POND ~ T ~ ~ s~. , ~ ~~~a I E 32 E / I ~ a l1 I / X71 + (?2 ~ ~ E o E n ~ ~ x,133 E I / 15 FT AEC SETBACK ~ ~ ~ ~ E ~ I ~A PR . 5 FT + ~ V~7 FT ~ + ~ yr ~ + + } + s . ~ ~ ~'U ~ ~ ~ E ~ I ` 8 DEWALK n i ~ E E ` I ! ~4 + + + + + ~ ~ ~ ~ ~ PROPOSED `,,1 ~ E ~ ~ ( ~A ~ STORMWAIER 'moo ; ~ ~ ~ ~ p ~p POND E ~ ~4 ~i , ~ 9 ~ 1 E ~ ~V~: 6 + + + ISts a a } + + + + + + * Aso, l~ ~1 1 w E E r' r + + d$+ + + + i ~6/ I- ~ / 1 1~ ~ E E ~ ~,r / r. I a a, ~ ~ ~ 30 FT DE `T_~ ~ n E E E ~J/ ~m~,'` r 30 f7 DE' ? E r 1 SAS ~ ~ ~2 + ~ + AR + . + + + + ~h ~ z ~6J~ ~ Z J ~ 0 32,118.3 SF 0.74 AC,) + + + + ~ ` / ~ 30 FT 30 FT DE ~R Asa + + + T + ' + + + + + + ~'4? ~~e ~ ~ J ~ ~ ~ 4 gag. E L5~ E + + + + + + + + + + +,,59 + ~ ~ i Q ~ Q O + + + n. r i ~ 1~~ E E C ~ ~ / E ~ ~ rE E E d~ / E E + + o ~ I' E E ~ s + ~ cn Z Z N ~ E E E + ~E ~ E E + + + ~ 25 FT PERIMETER ~ WETLAND CALLS for PH2 ~ ~ ~ E I \ . V E E E E STREAM IMPACT e E E E E E E E E iz~e ~ I BUFFER p p U ~ XXst ~ E E E 72 LF LINE TABLE LINE TABLE ~ h , E E •:(3J ! / PROPOSED TOPOSED E E E E E E E E E ~s j p 0 J O Z LINE BEARING LENGTH LINE BEARING LENGTH w ~ - X0~ ~ ~ ~ C 5 E E E E / STORMWAlER I I ~ IBS 11z~ E E I POND Li S51'30'38"E 42.12' L81 S12'S4'34°E 31.71' L1E23 E E 7 NtMWAIER E E E E E E E E E E E Laa+ ~ F- 2 O p t E E E E E E E E + O 13 , POND 1 V E E E E E E E E E E E `o ~ Zp L2 566'34'36"E 25,24' L82 N85'4T12"W 31.39' ~ I ~ < E •~r I\ E L E E E E E E E E °~"~,"'D~ ' / C~ Z ~ Q~ L3 511'56'28"E 26.27 L83 S72'04'17"E 30.92' /0 B ~ E E eJ5 1 E E E E E E ~ ~ ~ E E E E E E E E E „ CREAIiON G m o o l~ U p j ~ E E E E Ego E E ~ +AREA Q ~ ~ ~ 2 L4 S4T30'36"E 18.95' L84 S52'S5'S2"E 29.49' 25 FTPERIMEI~R ~ ~ 7 E 1121 112Q L3A L39 L85 60'58'25"E 40.46' BU ~ 70 ~ / 1 1,8 ~;-1E•,f 140 L5 S04'04'51';W 27.84' S ~ S \ / / 11]5 1\.., (4r ~ t a5 E E E E E ~ ~ ~gy E E '136,7 t$F~ u' ~ Q~ p L6 S23'44'09'E 24.07 L86 S35'38'38°E 34.42' 10 + >>8 / % IMPACT AREA ~ `cat ~ ~ E E ~ E E L~2 E Lop E e E E + + u Z ~ L7 14' L87 SO6'42 08'E 33.18' ~ A ~ ~ ,iQ }7 DE / ! cc 3 513'45'11"E 24. L88 7.45' ~ ~ ~ / a \ 1,076. 003 AC. 1, ~4~ L8 510'13'04"E 21.94' S53'S1'32"E 3 OS ,q ~ ~ E E e E SWAMP FOREST ~ LI l4d E E F E E v~'~ F L87E +++Gs O~ Q~ L9 '46"W 14.51' L89 532'54'14"E 54.30' ~ 50202 ~ 1? C! E E E E ~s6 E! +"mRi~ ~ 5,` i 1 Q ~ 2 ~ E E E .~p cC ~ 19 ~ j J~ Q LLJ L10 515'21'30"E 28.92' L90 S10'44'30"E 14.31' ` 0 ` / ~ O E E ~ ~ ~51~` ~ o W OW L11 '33"E 24.23' L91 S2T51'21"E 29.77 PROP, 5 F7 ~ ~ / ~ S6334 ~ ~ gp~+A(T{ ~ ~ / 1 L12 S71'48'08"E 20.02' L92 510'34'54"E 28.07 ~ ~ ~ X 11 m E E E E r DPI u ~ ~Z p L13 N86'10'27°E 28.08' L93 543'50'04"E 55.35' , + ~ ?7 j i 1 E ~ 1 s A 6 8 'OPOSED % q~ E E E E E „ / / ~ J 9~: Q ~r L14 543'53'37"E 27.85' L94 S33'21'17"E 39.27 LINE TABLE ? ~/f l IgS I PROPOSED ~ Lis 28.67 L95 586'33'47"E 21,53' ~ y , ~ \ ( 30 FT DE STORMWAiETi / S44'15'10 E LINE BEARING LENGTH 1 I POND / / E E ~ ~ ~ ~ d3 ~d as RMWAiER / X101 E E E E ~ ~ - IMPACT AREA F ~ ~Sf L16 556'48'25"E 45.95' L96 551'3742°E 38.67 f li7 S49'10'57"W 48.72' ~ ~ ~ I, / ~~~6 P~D / 6 E E E E E9~ a / o E E ~ / 3,308 SF (0,08 AC) @- / V~ E E ~ E < / N ~ ~ 'j''' is L17 579'09'19"E 45.38' L97 S30'34'28"E 38.24' 1168 55933'45"W 69.13' ~ c ~ ` 1 ~ ~ 02 E of ,e ~ I SEAL r ~ E 99 ~ , - 1~2 , a L18 N74'42'28"E 31.10' L98 S31'40'21"E 26.92' ` _ % \ i ~ E ' I I69 S50'43'08"W 46.02' ~ <>a, 1 L19 N38'45'43"E 43.61' L99 519'06'52"E 40.30' ~ ~ 0? ~ X?S `ten I~~ ID I i, 0 S36'32'15"W 65.33' / ~ 1~, ~0 34 FT o,~~ ~ ~ 253 - _ ~ r R FT 1 N L20 N50'15'30°E 65.66' L100 S26'03'15°E 11.67 ' 7 ` ~ LU1 S1T1T12°W 41.91' 07 a 1 ~ ` ; ~ L21 35.58' L101 524'01'59"E 26.46' ° ' ?A ` 4'46'03' E N2 L172 S20'18'48"W 49.79' ~ 1 T~~ L22 Ni9'12'15"E 28.10' L102 S12'5T31"E 38.38' L173 .5T ~ 0 " 1 / S04'41'20"E 53 / 0 0 C' ?S L23 N20'19'42"E 37.28' L103 S2T38'02"E 34.13' L174 L 30 }7 DE / 521'59'17"E 44.77 / g ~ap S' ~ 1 L24 N22'ST30"E 47.30' L104 S14'09'01°W 36,31' L175 S43'0320'E 38.08' lS 9 iQ~ a I? 1 / 1 a, 1 'Ii L25 N51'48'04"E 65.73' L105 N6732'28"W 24.53' ~ `'9 FT ~ ~ 6 ~ L176 534'56'28"E 35.89' ~ 98 ~ ~ L26 N40'33'31"E 64.51' L106 N29'40'34°W 33.20' L177 43'01'43"E 51.17 ~ ~ X?~ / 1 lA ~ ~ / / C7 ~S ~ ~ r / 1 0 ' ~ t., L27 ' S' 4"E 43.68' L107 N26'35'46"W 28.27 S ~L C' ~ N655 0 ~ ~ L178 513'16'52"E 67.38' I 9j ~ ~ / ~ , C' ~ Q , 1 9 ~ I L28 N8T53'15"E 49.51' L108 N53'S3'42"W 41.51' L179 53253'46"E 48.29' ~ ~7~ l L29 N80'32'25°E 54.06' L109 586'31'20"W 27.67 L180 S31'03'57"E 66.18' ~ 96 ?8 / PROPOSED 1 ~ ~ e 1 / STORMWAIER ~ ~ s . ?8 ~ POND 11 9 t ~ ~ / / ti L30 N59'19'41"E 53.94' L110 52534'12°W 4L55' L181 N44'28'11"W 66,11' . i° S ~ s < L31 N55'41'04"E 57.59' L111 526'01'23°W 46.51' ~ S \ L182 N39'1850 W 54.35' '9 ~g 1 ~ p ~ L32 N65'10'48"E 40.58' L112 51708'52°W 41.85' C L183 N36'15'03°W 56.77 ~ ~ 9~ L33 N48'10'54"E 70.22' L113 529'4705"W 48.17 L184 N00'13'37"W 37.11' / It 3O FT D 9 ro ~ ~ ~ ~ L34 N41'45'51"E 46.38' L114 S1T28'15"W 48.23' L185 44.78' `S ~ ` \ N41'3T39°W ~ ~ \ ~ \ 1 ~ L35 N33'48'34"E 47.60' L115 S1730'20"W 45.13' ,p 93 ~ , L186 N7T29'26"W 67.80' / L36 N08'26'41"E 31.19' L116 508'10'43"W 35.86' L187 1 ' '0 " 79.85' ~ . ~ ~ ~ 1 L37 L116 S08'10'43"W 35.86' N 6 03 4 E ~ ~ 9?~ N0T48'41 "E 30.45 L188 N19'41'10"W 67.43' N ~ ~ ~ ~ ~ < ~ ~ i! L38 N08'41'49"E 31.70' L117 S15'0T25"W 27.60' L189 >t N14'13'S6"E 30.80' C~ 97 ~ ~ L39 N13'33'36"E 63.78' LiiB 509'30'54"W 27.03' L190 N09'38'15"E 44.34' ' / ~ ~ L40 N26'05'35"E 39.02' L119 S21'02'31"W 48.48' 1191 N54'39'47"E 29.52' i Sj `90 30 FT DE l / ~ ~ L41 N2T01'32"E 40.88' L120 S09'59'S4"W 29.28' Li92 N0T19'39"E 39.72' l I ~ 25 FT PERIMETER '~3 ~ i ~ I~~ L42 L121 516'05'58"W 49.96' BUFFER ROP, 5 F7 N26'03'34"E 53.95 Li93 N83'31'09"W 24.87 Q ~ , B9 y~O~yA 9 ROP, 5 FT ~ ~ r ~ - ~3 i ~ 25 FT PERIMETER 9 SIDEWA A I j BUFFER L43 N22'21'02"E 47.28' L122 S62'2T35"W 41.40' L194 N5T20'44"W 36.22' ~ ~7~~~ L44 N16'49'13"W 52.80' L123 S12'10'13"W 41.78' ~ , I B9 L195 N46'04'04"E 24.98' ~ ~E'`~ 9B i L45 N15'12'42"W 48.70' L124 S25'03'25"W 36.48' L196 N43'13'S8"W 41.96' ~ ~ ~I 9j ~ ~ `~S ' ~ L46 N8T5650 W 29.16' L125 S26'45'07"W 27.65' L197 576'58'44"E 80.22' ' L47 N70'54'25"W 49.43' L126 539'21'20"W 35.28' L198 566'02'28"E 55.76' ~ L48 N60'54'51"W 46.73' L127 N86'18'O6"W 43.31' Ligg N5024'45"E 53.67 ~~9 8 ~ ~3 6 ~ B 1Sj ~ L49 N15'40'32"W 50.52' L128 N6T29'09"W 39.52' 9S ~ ~ L50 N00'0430"W 49.34' L129 58835'24°W 47.85' ~ ~',1 I L~ ~ L51 N02'48'26°W 40,05' L130 556'11'46"W 28.37 ~ Y 8A _ ~ _ ~ !n LY 9 L52 N79'06'31"E 36.22' L131 S86'45'17"W 52.65' ~ f v ~ ~ ~ ~ ~ Q ~ 8 ~ I Z ~ L53 N19'41'43"E 123.51' L132 N05'01'52"W 30.67 LINE TABLE LINE TABLE C r~/I 1 LINE BEARING LENGTH Off' ~ L54 N02'O6'14"E 36.32' L133 N053T51"W 36.98' LINE BEARING LENGTH ~ ~ ~ W W ~ ~ i + ~ ~ L233 N31'26'05"E 24.03' ~ ~ L55 N83'00'15"W 18.99' L134 S7T33'48"W 43.69' L200 N68'32'57"E 90.96' u' i 9 ~ \ U L56 N16'15'36"E 22.90' L135 555'31'34"W 34.57 L201 N8T31'00"W 7.38' L234 N31'39'it"E 24.28' I ~ Sj s L57 N70'4T48"E 11.23' Li36 541'34'55"W 26.43' L202 N66'4T52°W 6.79' L235 N35'14'07"E 30.00' ~ `a' I L203 1' L236 N36'S8'23"E 29.51' ExISliNC BOUNDARY 9 ~ ~ " L58 N2134'S0"W 38.72' L137 N71'08'05"W 24.76' N46'36'12°W 5.9 ~i \ rl i, ~ ~ W ~ ~ ~ 80 L59 N12'10'31"W 19.06' L138 S45'03'42"W 36.32' L204 N36'44'49"W 6.02' L237 N38'20'19"E 46.92' ~ ~ v'.S~ ! ~ _ ~ I a L60 Li39 S05'12'20"E 31.18' L205 N41'13'21 "W 6.92' L238 N48'1 709"E 19.24' CENIERUNE OF RIGHT OF wAY ~ ~ J N46'13'32 W 27.33 i L60.1 N467332yW 9.13' L140 523'04'58"W 47.52' L206 N56'35'33"W 10.30' L239 N44'i1'44"E 5.91' ( ~=,o ~ 9 ~ ~ o L60.2 N46'1332 W 18.20' L141 S08'30'33"W 29.42' L207 N71'40'16"W 10.17 L240 N31'35'40"E 3.49' coNrouR uNE & ELF7AnoN i ~ J8 W ~ ~ L61 N55'56'S5"W 15.83' Li42 505'30'11"E 32.37 L208 N83'36'33"W 11.58' L241 N23'O6'25"E 7.39' C "v , ~ 5 C ~ ) I w L62 11 46' L143 526'18'06"W 32.82' L209 N89'34'S6°W 11.34' L242 N32'46b5"E 4.43' ~ DRAINAGE FLOW N38'2922 E L144 L210 N8930'52"W 12.52' L243 N43'38'38"E 17.84' /~9_ L63 549'53'21"E 30.82' S5T19'33"W 25.83' / ~ 1~'fJ ~~~F ~ ~ ~ I L63.1 S49'53'21"E 25.01' Li45 548'05'28"W 40.34' L211 58623'30"W 14.72' L244 N63'41'33"E 8.00' r ~ r ~ L63.2 549'53'21"E 5.81' Li46 S49'31'12"W 27.48' L212 S75'15'21"W 11.63' L245 N82'05'16"E 9.02' L64 544'06'18"E 25.86' L147 S2932'26"W 26.73' L213 560'08'36"W 8.58' L246 5825732"E 6.27 ~3------ ExisnNG snNrrARr 1 / ~ i o L247 581'40'01"E 59.25' SEW1=R & MANHOLE L65 S43'18'33°E 10.83' L148 S05'13'48"E 26.09' L214 S4030'44"W 9.71' ` ~ n ~ N V i L66 N56'59'19"E 26.48' Li49 524'02'24"E 23.39' L215 S2928'19"W 797 L248 578'48'30"E 1709' - - EXISTING WATERLINE ~ _ ~ ~ ~ I' ~ - ~ ~ L67 N64'13'24"E 11.52' L150 54742'33"E 25.27 L216 535'03'43"W 7.75' L249 S75'14'30"E 9.79' L68 552'13'11"E 13.37 L151 566'50'35"E 28.05' L217 559'15'46"W 6,37 L250 572'26'05"E 14.80' Exrsnroc/PROPOSEDSroRM - ~ 5' ~ t~ ~ ~ / jl L69 S74'42'30"E 19.94' Li52 570'26'10"E 32.35' L218 N88 55'51"W 7.28' L251 573'48'37°E 8.34' SEWER & cnrcH BASIN _ / L70 559'05'15°E 21.75' L153 S72'35'37"E 34.18' L219 N65'19'46"W 9.41' L252 57713'18"E 2G.49' L71 55704'51"E 32.55' L154 561'51'06"E 29.89' L220 N43'S8'59"W 7.52' L253 566'13'39"E 6.41' E.I,P. EXIST. IRON PIPE ~ DATE,' 9-13-06 L72 582'54'29"E 23.94' L155 554'46'53"E 28.04' L221 N23'41'21"W 8.91' L254 555'31'40"E 4.73' ~ BSI i NORZ SCALE. 1 100' L222 N02'23'18"W 9.58' L255 535'52'10"E 6.97 ® WATER METER SERwcE coNNECnoN L73 N55'01'21"E 34.24' L156 54740'00"E 34.42' ~ ~ ~ ~y ~ 174 rJa~•ns'~~"F an 3R' Li57 .54.5'4711"F 78.61' L223 N09'51'11"E 7.27 L256 543'3727"E 2.81' ~ _n ~ _ _ L75 N79'03'10"E 27.42' L158 S35'06'04"E 33.83' L224 N31'46'00"E 13.46' L257 S59'04'09"E 4.50' E.C.M. EXIST. CONCRETE MONUMENT v i~ ) L)MA WN b Y: JSL L76 N6326'46"E 23.41' L159 S2527'30"E 24.42' L225 N40'11'20"E 12.47' L258 567'10'14"E 498' IMPACT AREA BREAKDOWN SOUTH TRACT u~ u -1 L77 N30'4658"E 19.36' L160 S47'56'08"E 29.95' L226 N3427'39"E 12.95' L259 563'17'54"E 5.03' T HANDICAP RAMP AREA AREA SO FT AREA (AC. NOTES L78 574'51'05"E 7.95' L. 161 S75*1934"E 45.85' L227 N34'08'10"E 15.41' L260 S50'58'54"E 3.55' F 3306 .08 SIZE STILL IN CONCEPTUAL PHASE CHECKED BY.- HSR L79 S15'08'55"W 1.38' L162 S78'52'20"E 20.25' L228 N4058'18"E 24.34' L261 530'14'03"E 6.44' 40.9 EX. ELEV. & DESCRIPAON PROJECT NO.: 04-0011 L80 S66'53'56"E 20.82' L163 S89'08'42"E 42.49' L229 N3934'20"E 42.82 L262 501'24'54"E 3.77' v 1,076 .02 SITE STILL IN CONCEPTUAL PHASE L230 N41'15'47"E 15.51' L263 S18'32'00"W 3.22' EL TOTAL STREAM IMPACTS = 72 LF L164 584'28'06"E 4.03' L165 S38'45'14' W 14.69' L231 N42'16'56"E 23.78' L264 S33 00'16"W 5.72' ACTIVE OPEN SPACE TOTAL WEIIANDS AREA FOR SOUTH TRACT = 156,816 SF (3.6 AC.) L166 N80'2T53"W 46.30' L232 N36'45'27"E 17.28' L265 S4526'51"W 14.04' TOTAL IMPACTS FOR SOUTH TRACT = 4,383 SF .10 AC. TOTAL AREA OF WETLAND CREATION = 1,05AC. j PASSIVE OPEN SPACE Sheet No. 2 Of 2 .4,..~ -®1®w••-" JYMi'.[1('.~W? °:d~. ?ll~ SffiR.'sF3-i - ~•4,'-rk.4S^2.u"ea3F.. ,eF': as; ~3C6<l~i.C'MW?'~-f ~ ~ ~ ~ , ~ i ~ ~ I I ZV ~ ~ f ~t NOT TO SCALE US 14 ~ 1 r 100 50 G lOG 200 300 I AI~~1tN~,~;;~.~ _ ~ i, ~ ~ ~ ~ i ~ / ' ~~I B. fig, PAGES REGIS~Y REf. ~'NOVERCC'EN' ~ us 76 % % ~ ~ NEW NA SCALE 1N FEET: 1 100' I / `r V i ~ 7 ~ r ~ 1 , ~ ~ i~ ~ f; ' I ~ ~ ~ ~ ~ ro 15 fT PERIMETER A l ~ ~ ~ ~ \ 1. NEW HANOVER COUNTY PARCEL NOS.: ~ ~ ~ ~ , ~ , ` r _ ~ \ 7~ i r - ~ ' i' - - i1- 801200-001-030-000 & 807200 007 0. 000 ~ Z iN(yBRINA( ~ ~ ~V~~ ~ ~ ~ ~ ~ ` ~ 2. >bTAL 1RACT AREA: ~ NOR1N TRACi = 1,702,155 SF (39.08 AC.) ~ y SITE ` l ~ SOUTH TRACT = 1741964.4 SF 39,99 AC. ~ ~ 1 i NAVµp I SR 1592 ~ ~I / \ / TOFAL AREA = 3,444,119.4 SF (79.07 ,AC.) ~ V~~ MHIS(EY q~ 4 ~ ~ ~ ~ ~ ~ 6 ~Q .C 3 ~ ~ ~ i ~ / 3. EXlSTiNG ZONING DISTRICT.• R-15 ` ~ ~ I 4. LAND CLASSfACADON: RESOURCE PROTECAON % i ~ I ~ ~ 5. 1REE REiIOVAL PERMIT r0 BE OBrAtNED, ~ OFT kp ~ ~ I y ~ AR/~, qRk ~ 6. LANDSCAPE PLANS r0 8E PR049DED BY OTHERS EN~INEERIN;~ ! D I ,qIF R/ ~C' ~ I R i 30 FT DE ~ ' ~ I NG TO 7, IS 1RA IS L~AiED IN ZONE C ACCORIk N TH cr LAND PLANNL G C J \ \ ~ ~ ~ ~ THE FEDERAL EMERGENC'r MANAGEMENT AGENCYS COMMERCIAL RESIDENTIAL I FLOOD INSURANCE RATE MAP, COMMUNITY PANEL IM ACT AREA ~ , ' ~ ~ ~ 1512 SF 0,03 AG ~ ~ ~ ~ i ~ NUMBER 370168 0090 DATED: 9-3-92. F1,tF~' ~F~.~ p,,, ~ ~ a+ 1~ ; i P,Q BaX 4Q~~ IMPAC AREA E ~ J ~ \ Y, 398 SF 0.01 AC. ,y ~ ~ y, ' j E B ~ ` ~ I:-~~ ` 8. Si1E ADDRESS IS 1,300 NAVAHO 1RAll I ~~:.'Ti0'~ I ~ \ Wilmin ton, NC 23406 9 ~ ` ~ v y S ~ Gi';q° ~ 6 ~ , ~ r, ~ ~ ~ ~ ~ _ ~ 9. BUILDING USE iS fOR SINGLE-FAMILY HOi1SiNG a1 7 -4441 ~ ~ ~ G 91 ~ ) ~ ~ ~~G~ ~ i 10. THIS SITE 1S PR~OSED TO BE A CLUSTER ~VELOPMENT. 4 7 ~ ~ E`, ~ ~ l ~ i 11, UNNAMED STREET5 TO BE NAMED PENDING APPROVAL FRObI - 8 '~`~R• 1~.~A r 1SlLVERB ~Sc• ~ ~ , ~ ` ~ FRANCES DONN GIS ANALYST CiTY ADDRESS COORDINATOR = r~;,~ ~ j S, ~ _40 FT P OUR ~ ~ , RIVq>FR W ~ C° 1 ~ e °c_'rn ~ ~ 9 I ~ / ~ 1 i I b ~'PW PROP, CULI~ERT r:. ~ • s 10 , 30 FT i B i ~ 7 ~ i ~ ~ I ~ 6 . i ~ ~ , PROP, 5 ~ 14 SIDEWA a E / I ~8~~~ ~ ~ r--`, ~ ~ ~ ~ a~~ ~ ; 'i ~ ~ ~ 6 a E IMPAC AREA 13 E E E ` ~ ~ ~ ~ r $300 SF 0.05 AC. I 12 11 E E E E E 1 ~ E E E E sa.`~~ ~ DRA1NAfE EASEMENT ~ / ~ ~ s ~ \ E E E E E 15 s\ E E E E E E ap ~ O - \ E E E E E F E E E E 25 FT PERIMETER o E F E E E E E E E E E ~ ~ iA 7 ~ ~ ~ E E E .~E~ ~ 1. i ~ V ~ 0 ~ BUftER I E E F E F E E E E PROP, WALKING' ' 16 E E E E E E F F E F E E E E IRATE I ~ _ ~~'~ASF j ` ~ ~ Z ~s~t E PROP, WALKIN E ~ MFNr ~ ~ ~ E ~ E iRAll ' v ~ ;~~s,~ a E E E E ~ I, ~ ~ l A ~ B5"' E / ` E ~ A ~ _ r ~ r n F E E E E E E E E E E E E E E E \ E E E E E E F E E E E E E E E E F E E E E E E E E E E ' 1J 1 I~ E E E E E E E E E E E E I I ~ E F E E E E E E E E E E E E l ~ r, $ ( E E F E E E F E F E I E E E E E E E 25 f7PERiMI~ ~~~0`. - IVIn S-.. /-!-C. ~'h~,l=; i`, ~ ~;~~a~ ""I E F E E E E E F E E E E E E E E E E E E E I 30 f~ D~ F E E E E E E E F E E F E E E E E E E E E E E ~ 9 E E E E E ~ ~ vs~d E E E E E E E ~ ~ ~ ~ , i~ , ' ~ fi 3 y.5 f 18 ~ ~ E E F E E E F E E E E I E E E E E E E F E E E E E E E E E E E E E E E E ~ 1` r ~ E E E E E E E E ( _ '~~°'s `I E E F F E E E F E E E E E E E E E E E E E E ~ E E E E E ~ / / 1 ~~P~ E E E E ~ E E Er E E E ~ ~ nE~ E '1 3 1 FT DE E E F E E E E E E E ~ E E E E E F E N n~ i9 1 E F E E E E E E F E E E E _J E E F E F E E E E E E E E E E E E E E E E ~ E A ~ - E E E E E E E E E ~ T I E E E E F F E E E E E E N ;4 ~ E E E E F E E E E E E E E E E E E E E E F f E E E E E E E E E E E A ~ - T`~.~~: ~ N E E E E < E E E E E E E E ` ~J~,., - ~ ~ h n' E E E E E E E E E E F E 47 20 E E E F E E E E E E S E E E E E r A N E E E E ~ E F E E E E E E E. E E E E E E E E 2J E E E E E E E E E E E E E E E r E E E E E E ,E ~ ~ r`~. ~ - _ I~ E E E E E E E ~ F- E E E e E E E E E E ~ ~ ~ I E F E E E E E E E E E E E E E E E E E E E E E E E E E E E E E F E E ~ _ E ` ` ~ ` E E E E E ~ E E E E E E E E ~ A V ~ GFS i U' Q i E E E E E F E E E E ~ E E E E F E E E E E E \ ~ ~ E E E E E ~ ~ Q ~ E E E E E E E E E E E E E E E ~ k~ r~ ~ , Z J Q ~ I; E E E E F E E E EXISTING WETLANDS E E ~ 2B E E E E E E E E E E E E E E E E E E ~ ! i ~ r~~.: ~ J E E E E E E E E E E E E E E E ~ ~ ~O E E < E ~ E E E E E E ~ E V`~~ !~~'t, 7_~ - ~ ~ Q Z E E E E E E E F F E E E E E E E E E E E E E E E E ~i i~~,~l F rl~ ~ ~ Q d' F E E E E E E E E E E E E ~ ~ ~ Q `L ~ E E E E E E E E I. E E F F E E E E E E E E E E E ~ 22 i E E E E E E E F ~ E E E E E E E E E E E E ~ E E E E E E E ~ ~ ~ U _Z N E E E E E E E E E E E E E E E E ~ ~ V tIn 2 ~ C~ I 29 E E F E E E F E E E E E E E E F E E E E F E F E E E E E E E E E E E - I- U E E E . E E E E E E ~ E E E E E E E E \ Z E E E E E E E E E E F E E F F F E IMPACT AREA BREAKDOWN NORTH TRACT) F E E E E E E E E E E E E E E E ` E E E E E E E E E 55 _ ~ 1- ~s _ E E E E E E E E E E ~ f-- Z PROP. qTY OF lNLYINGTON 2`3 E F E E E r` r E E E E AREA AREA (SO FT AREA (AC. NOTES 5 FT SIDEWALK I' 30 E E E E E F E E F E F F E E E F F E E E E E E E E E E E E E E E E E E E E E 56 \ ~ ~ h O E E E E E E E E E E ~ ~ ~ A 2675 .D6 I E E E E F F r E E E E E E E 1 E E E E E E E E E E E E E E E E E E E E E E E E E - ~ C~ B 4366 .1C E E E E E E E E E E F E E F E E E E E F E E E E t ~ E E E E E E E E E 57 ~ ~ ~ OG Z W W Z E ~ _ E E E E E E E E E E E E 54 _ _ _ o O ~ <h E E E E E ~~30Fr E E E E E \ ~ _ Q ~ U Opp C Z 300 , 05 24 ~ E E F E E E E F E E F F E E E E E E E F C 1512 ,0~ 31 E F E F E E E E F E F E F r F E F E E E E E E E E f ~ E E E E E E ? FT PERT ~ Q~ IC~~ p~ J E .Oi E E E E E E F E E E E E E E F E E E E E 398 E E E E t F E E E E E E E ~ E E E E BU ~ ~ ~ w AN S AREA fOR NORTH iRAC1= 619 050 SF 14.11 AC. 25 F E F E E E F E E F E TOTAL WE1L D ( I E E F E E E E E E E E E E E E E E E t t' ~ X58 ` I E E E E E E E Q r TOTAL IMPACTS fOR NORTH TRACT = 11,251 SF (.25 AC,) ~ a ' E E E E E E E F E F E F E r F F F E E E E E E E E E ~ E E E E 53 ~ oQ E E E F E E E E E ~ ~ E ~ E F ~ F E E E F ~ IMPACT AREA BREAKDOWN SOUTH TRACT ~ 26 E E E E E E E E E E E F E F E E E E E E E E E 43 I,E E F E E Q~ I- Z ~ i E E E E E E E ~ ~ 59 U 3 ~ AREA AREA SD FT AREA AC. NOTES ~ E F E E F E r ~ E E E E E E . 6 1 33 E E E E E E E E E E E E E E E E E E ~ E ~ A.J 1 W ~ W O E E ~ ~ E E E ~ J Z E E E E F E `~I _ F 3306 .08 SITE S111L IN CONCEPTUAL PHASE ~ F E F E E E E E E E E .I E E O ^ ~ E E ~ FT 1 I ,.td#tS,dld, E I' E E ~ A l G 1076 .02 SITE S11LL IN CONCEPTUAL PHASE I E E F E E E E E r E F E E E E E E 42 ~ ~ E E E - ~ 60 - ~ . ya ~ E E E -1 7C I E E E ~ ~ ~aa ~.~¢q,a,~~a»r3akn ~ TOTAL STREAM IMPACTS = 72 LF ? E E E F E E E E E E E E F E F E E E / t E E E E ~i ~ ~~~Sl~,~ shy -i TOTAL WETLANDS AREA FOR 50U1H TRACT - 156,816 SF 3.6 AC. ~ ~I e E F E E F E F F E E E E F E E ~ \ E E F E r E E F E - .T SF .10 AC Q \ ~ ' \ \ ~ ~ ~ F F E E E E E TOTAL IMPACTS FOR SOUTH TRACT - 4,38. ( ) ~ ~r ; ~ F E E E E E E E E E ~ E E E E ! E E ~ 1> ~ + ~ E E E ~ r ~ E TOTAL AREA OF YJEILAND CREATION = 1.0,5FlC. I ; 25 FT PERIMETER ~ v ~ E E E F E E E E E E E E I 41 ~n. E E E E E E ~ ~ I 1 BUFFER V~.~ S<<O ~ E E F E F E E E F E E I A~~ E E E F E ~JV ! I DE I 61 ~ s~BsV+~ E ~ E ~ 50 ~ Q~ to ~ A ~ ~1~~ "'C E? E E E E E r E E E l ~ ~ a' I L ~ PROP. 5 FT S ~ p '~A E E E F F E ~ 30 fl TOTAL WETLANDS ARfA FOR NORTH AND SOUTH TRACTS ~ 75,866 SF (17.81 AC.) ~ ~ , ~ ~8. ~ qp ~ E F E E E E , 30 f7 DEI ~ I E E E I' 1 ~ .~i <,~y~ ~~~;4~',~.~;` ~ ! ; ~ SIDEWALK A , ~ q ~ ~ F E E E I 1 E E I I i PRDP. 5 F7 ~ , 'i, ~ TOTAL IMPACTS FOR NORTH AND SOUTH TRACTS = 15,236 SF 0.35 AC. ~ ! 8ss-• ,p~~Pi v F E E E E E E E ~s ~ F E v, i ~ ~ ~ V I E E E E I I ~ ~ SIDEW r I ~ ~ I I ~ .~43t5~4a9? r TOTAL AREA OF WETLAND CREATION = 45 816 SF 1.05 AC. ~ ~ ~ ` x ~ I E E E E E ~ ~ ~ I ~ E E E KENf'~ET`' BROCk, ` I I E E E E E I E E I 39 I I ~i 130 FT DE ! ~i _ I ~00~ ~ ~q 1 0 I I E E E F E ~ ~ ~ ~ '-Y~'i, ~ AIJ~ ~ I ~J ~ I I E E E E / ~ ~ I I I ~ % ~~J ~ " - , I I I F E E 30 F7 DE I ~ E E E I~ ~ I F ~ ' ! ! ~ r R'JP. 5 FT 49 63 r ~ ~ ' SDEWALIf ~ - ~ I A~~ V I E E E E E E E E E ~ ~ E I i ' ~ ~ ;d ~ I E E E F I I ~ F E 35 E E I + ~ I I O W i------------------ -i ~ E E E I 34 ~ E E I 34 35 36 37 38 44 45 46 47 48 ~ ' ~ ~ ~ I ~ 64 - d ~ I ~ +E F I w i E I ~ I o C I ® - ~ ,.4~ _ ~ IMPAC AREA I , _ MBL ~ - e 4,388 SF 0, 0 AC, • ~ I - ii ' x ~ - - e•--~ i ~ ~V_ s I 9 - - i ~ s a ~ n ~ i l~ ~ ~ 66 , ~ ~ I _ o~~~~w~s ~AC,~~sor I I rn ~ QOOK ~~5~-~ o_r_ n,~ 1 ~ o r - I RCP 5 M9 _ ~ t;' f --i_ I ~ ~ ~ 67 ~ - I SiDEW ~ 2 ; ~ BOOK 8 ~~~n,',- _ ti 04, ; r,~ 5 - ~ 1 ~ IMPAC AREA r i I ~ 2,675 SF 0,06 AC. 76 75 74 73 72 71 a 70 69 ~ ~ p ~ ~ ~ ~ a ~ ~ 25 FT PERIMETER ~ ~ ~ ~ ~ ' ^ ~ BUFFER ~ ~ PROP. WALKING AXING ~ ~ i ; PROP. WAXING . , Q ~ ~ IRATE 1RAL , . - - - - - - - - - 1RAIL ~ I - - - _ ~ ?~I~SONBORO ~DOP RDAD _25 F7 PERIMETER__ _ ' _ _ _ Y _ 1~ ~ 36 FT RA 8 FT Rp~ 03 - - - I ~ Q -------------PROP. qTY OF NILMINGION ` J - - - PROP. pTY OF NiLMINGTON Z ~ 5 Fr SfDEWALK PROP. CULVERT S FT 9DEWALK ~ ~ w ~ _ i,~ ~ ~ Ia i 2" t 2" ~ - 'Qn~- ~ ~U CURVE TABLE v LINE `~9LE i _ ~j ~ EXISANG BOJNDARY yo ~q0 SLOPE AWAY FOR _ - CURD DELTA i a=aa LE ~T~ RVE DELTA RAOIUS ARC TANGENT CHORD BRG ~ LIRE ~ IN,, N w Fly SUPERELEVAiION _ _ C1 89'59'59" q~ CENTERLINE OF RIGHT OF WAY - - %i 89'59'59" 100.00 FT 157.08 FT 100.00 FT S5638'18"W I r-, ~ L1 Si'?c'18"~~~ 8~,1G { 1 = C2 6675'04" ,2 6675'04" 230.00 FT 265.95 FT 150.08 FT N68'30'46"E `r F- ~ EZ ~%8'<''4~°c o?5.46 w d 40' R W . coNTOUR uNE ~ EiEyAnoN 7° i - C,T 29'56'56" 6" 6 1 /2 i 4 29'56'56'' 230.00 FT 120.22 f l 61.52 FT N20'24'46 "E m ~ ~ L3 S3~ 4 `5. E' " ~ i ~ ~ o 4 6136'21" 230.00 FT 271.39 Fl 153.99 FT N28'21'52"W ~ ~ ~ ~ I G4 h~C`'~5'19"~ ~189e ~ _ ~ _ - C 6136'21" oRAINACE ~LOw ~ C5 68'41'35" ~L5 ,h,^~.,,~~~~"~~, 24.';2 > ,5 68'41'35" 230.00 FT 275.15 FT 157.17 fT S83'29'10"W w I ff f! li C6 1 i'49'10" i '6 ii'49'10" 230.00 FT 47.45 Fi 23.81 FT 5173y'52"W L6 S54'~9'S9°'_; 3000 r- ~ ~ CI 49'26'19" NOT TO SCALE 49'26'19" 100.00 FT 86.29 Fl 46.04 Fi S48'10'37°W ' L1 '~,..,z3+8. .88.02 ExlsnNC sANrTARY NOT TD SCALE C8 3278'42" SEWER & MANN0IE ~ L8 N7~'~''e'°= 53.03 I '8 3p78'4P" 00.00 FT 56.39 FT 28.97 F. S68'24'21"E p L9 h8a•~='4i"„ 292.3' ~ Z L10 N5~'"_~~~°~h 59.93 FT EXISTING WATERLINE O ~d ~ _ 4i ~ W ~ EXISTING ~ PROPOSED STORM ~ SEWER & CATCH BASIN 60+ 1w ~W I ~W 30' 30' 15' 15' I 15' I 20' 10' I , v T D E.LR. Ex~sr. iROrl PIPE 40' q0' ~ 14' 14' ~ LONNE ~OILINE DATE' 9- 93-06 14' I 14' 14' 0 40 T ~ ~ P WATER METER SERVICE CONNECTION ~ ® 18' 18' I ~ I 12' 12' , , 12' ~ i I ~ 11° ~ - I r i ~ 11' M= ~ NORZ SCALE.' 1 = , 00' FT i/4'/ Ft i I I ~ _ 30' n= O. C3 - t. U. M. LAf~;. UvNLKt It MUNUMCNI 9.1 2ggX 2' ASPHALT Z 2' ASPHALT 3' 1 ? 2' ASPHALT 5 DRAWN BY.- JSL Pp 208 114-1 [ Z k T HANDICAP RAMP 3:1 ~ , / I 2 114'1 FL ~2~, 1/4'/ FT i~VV;%yA~`~w 1 3' VARIES -/,,7/-,7/ /7,7 7M~ 3:1 x1 5 28 Fp / 5' SIDEWALK 5' 90EWALK CHECKED 8Y.• HER SIDEWALK ,1\\/\\ \l\~' G= aSS LINED / EX ELEV. & DESCRIP77ON TYPE H 6 ABC TYPE H 6' ABC TYPE H ABC PROJECT NO.. 04-0011 CURBING TYPE H CURBING 50' R\W (INWRTED PITCH) CURBING (INIMIM PITCH) TYPE H CURBING TYPE H AC1)VE OPEN SPACE CURBING (INVERTED PITCH) CURBING 5,1 GRASSED CHANNEL RIVATE ROAD) 40 FT R/W (PRIVATE ROAD) (20' DRAINAGE EASEMENTS) TYPICAL CUL-DE-SAC 60 FT R/W (PRIVATE ROAD) 50 FT R/W (PRIVATE ROA[ PASSIVE OPEN SPACE STREET CROSS SECTION STREET CROSS SEC' ,S SECTION STREET CROSS SECTION NOT TO SCALE Sheet No. - Of NOT TO SCALE NOT TO SCALE NOT TO SCALE LE NOT TO SCALE {1( ~Y~ •t xx~ni r..ad.~~na. cr.w .a ~.4:•~rs.. .w.- i I ! A ~ i , ~ i - ~ ' NaT TO SCALE Us ~ , ~ 100 50 0 100 200 300 ~ 4 ~ ~ ~ A~ E~~ ~ _ , i ~ ` ~ ~ ` _ \ ~ ~ ~ 35, PAS 3 EG1S1YkY R .~1 RFf HANOVER co~Nn ' T ~ 100' Nei SCALE !NI F~Ef: ~ - US 76 ~ \ ~ % i V i / i 1 i ' ~ / i~ ~ ~ ~ 1. NEW NANOVER COUNTY PARCEL NOS,: N 25 FT PERI~IElER ~ ~ ~ ~ • ~ : ~ ~ v ~ BUFFER ~ ~ i R07200-007-030-000 k 801200-001-03t-000 Z ~~avook ~ ~ ~ i 2 TOTAL TRACT AREA: ~ ~ ~ / ~ ~ A `T.. SITE ~ A ~ J ~ ~ / \ ~ NORTH TRACT = 1,702,155 SF (39.09 AC.) ~ SOUTH TRACT = 1,741,964.4 SF (39,99 AG,) O 1 NAVAHO i ~ A~i ~ ~ I 1RUL ti ~ , A ~ SR 1582 ~ 2 ~ ` ~ ~ ~ ~ ~ ~ tOTAL AREA = 3,444,H9.4 19.07 AC. i ~ ( ~ , / ~ ~ ~ ~ ~ 3. EKISIING ZONING DIS7RICT~ R-15 RHIS(EY CAEp~ g ~ ~ ~ ~ ~ ~ 6 ~ ~ ~ r1CADON: RESOURCE PROTECAL~s+ , 4, LAND ClASSI r v 5, TREE REMOVAL PERMIT t0 BE 08TAINED. 0 O.C 3 ~ ~ ~ FTp k pq R A~ ~ ~ ENGINEERIrVG ~ ~ 6. LANDSCAPE PLANS i0 BE PRONDED BY OTHERS. ~ R~~.q SCR ~ ~ ~ ~ /yF A ~ ~ n'R i V ~ I , ~ 7, 1HIS iRACt IS LOCATED IN ZONE 'C' ACCEDING TO LAND PLANNI,v~ /fy 30 FT DE v~ ~ l - v ~ ` ~ ~ THE FEDERAL EMERGENCY MANAGEMENT AGENCYS COMMERCIAL ~ RE.SIl7ENTlAL FLOOD iNSURANC~ RAZE MAP, CCMMUNItY PANEL I IM_ ACT AREA \ ~ ~ , ` ; : ~ _r,, , ~ . „ NUMBER 370168 0090 E, DATED: 9-3-92. 4 ~ ,~`-,_I~ '~Iv P.0. Box 40,1 I~IPAC AREA - 1,512 Sf (0,03 AC.) ~v, ~ ~ ~ ' 398 SF 0.01 AC. E '~B( ~ 5 ' ~ ter, i _ ~ , 8, SI1E ADDRESS IS 1300 NAVAHO TRAiL Wilmington, NC X8406 ~ ' 1 6 ~.i i~f (~h ' ~ 9. BUILDING USE 1S Fai SiNGr.€-FAMILY HOU9NG i , _ 1 r 910 791-444, ~ ) iw~Hr E`L~OK, 3 ~ .:.`",1C; ~ ~ % 10. THfS SITE fS PR~OSED t0 BE A CLUSTER D€VfLOPMENi - 1', 4 7 11, UNNAMED STREETS i0 BE NAMED PENDING APPROVAL FROM F i ~ g 38. ~ r iS11VERB ~ ~ ~ ~ ~ `f T I ADDRESS COORDINAtCR o FRANCES DONNS, GIS ANALYS ~C iY ~ ~ _ ! Ct COU ~ R ~ ! 40 , fT PRl ~ VATS R W / j ° ~ - s ~ , ~i~e , , ~v- _ a PROP, cuwERr - r; A ~ a 10 i ~ t``' ~ v~ / ~ ~ 30.7 X _ ~ ~ , • ~ , i ~ / ` ~ 8 +r , ~ ~ . PROP. 5 ~ ~ 14 9DEWA ~ E ~ ~ Y G € a .d F E F F , ~ ~ ~ i , f ~ v ~ U e s i i / ~ y V ~A ~ i ~p i1 IIIPAC AREA i 13 12 11 F F E F 2,300 SF 0,05 AC. ; E ~ E F E F \ 0 PU9LfC ~ i ~ ~ ~ v ~ , a$ E E ~ s DRA:'NAGE EASEMENT y ~ ~ , I ~ ~ 15 \1 E E F E E E E E `~_OR ~ A ~ ~ E E F F E F E E E q,N ~ ~ ~ .J _ ` ~ 0 ~ P i W E E E E E E 25 FT PERIMETER ~ ~ F E E E E F E BUFFER ~ I F E E E E E E E F E E E E PROP, WALKIN E E SF~C9.. ~ ~ / ~ ~ a.e5 E PROP, WAIKiN ~ ~ - o 16 F E F E E E F F E E E E E F E TRAI F E F E F F E E E E E E F F E E E~ ~ ~ i ~,wW° r E E TRAIL E E~ ~ I E ~ ~ E I E ~ ~ ~ I F E F F E E E \ E E E E E E E E ~ ' one i BQ E E E E ~ I K ~ ~~r I~ E F E F E E E E E E E E F F E E E E 17 I E F F F E E E F E F E E E E ~ ~ ~J f Vi..E"~I i l-~I`~~ ~ 8 f; ~ ~ E ~ E E E E E E E ~ ~ - ! c i ~.r 1Pi E ~ A i ~ a~ o I ~ E E E F F E F E E F E F ' I I E F F E E F E E E E E E F E F E E E F E E f k ~ 2 ~ / ~ Vli ~ t ~ k, 3a E E E E E E 25 FTPEfTIM~1ER . ~ ~~4`. F~t1t ~ rc'. ~r'~i,~~_: ~ ~I 3O~fl E F E E E F E E F F E F E F F F E E E E E E E ~II~ \ ~ \ ~ 99. ~ °8-¢~ E E E E E E ~ ~ I l ~8 E E E E .J E E E E E E E E E E ~ ~Y~ I ~ ,~1 ~ - ~~aa I 18 E ~ E E E E F F E E E F E E E E F F E F F F F E E < E F E F E E E E F E E E E I ~E / a°~ F E E E E E E E ` E E E ~ ~ r~ \~..i t~ ~ a E I G I F E F F ~ E E E F E F E E E E E F E F E F F E F E E E E E E E E E E E E E E ~ i~ ~ 1 FT DE F E E F F F F F E E E E F E F E E N f~' 19 I ~ F F E F F F E F E F F E F / E E E E F E E F E E E ~ w~ ~ 1 r~, E E E E E E ~ t~ I ~J E E E E E E F E E E E E E F E F E F E E E E E E E E E E E E ` r i T ~ _ N L E E E ~ ~ ~ ~ i1 N F F E E E F E F F E E E F E F E E F F F f~ @ ~ F F E E E F E E F E E E E E F E E F 1 E E E E E E E E E E E ~ ` v''_ ? ~ t E / E E E E E E E E E E E E E E ~ . I 2O E F E E E Z. ~ F F E F E E F F E E F F E E F E E E E E E E E E E E E E E ~ ~ ~ ~uu f i E F E ~ E E E E E E E E E E F E E E E E E ~ ~ ~ I 27 F E E F E E E E E F E F E F E E E F E E F E F E E E F E E E E ` E E E E E ~ _ ~ E F E E E E E F E E ~ ~ ~ ~ l/ F E E E E F E E E ~ E E F E F E E C c E F E E E E ~ E E E E E \ V ! _ ~)~~;;i7~'`i ;p' ~ v U~ E E E E ~ ~ Q " E E E E E E E E r F E E E E E E E E E ~ r~ ~/1-C'r',~~ A.~ ~ Z J Q Z1 I E E E F E E F F F EXIJTING WETLANDS F F E E E ~ 28 E E F E F F F F F E E E F F E E E E ~ E E E E E E E E E E ~ „ ~ L ~ Q J E E E E E E E E E ~ O _ Q O E E E E E E E E E E E E ~ E ` E E E E E E E V~ ~"~~/TAG ^I~~ ~ ~ V) ~ <F P E F F F E F E E F E F F E E E E E E F E E E E F E F E E E E E E ~ ~ ~ _ v- Q U Z2 ( I E F F E E F E E E E F E F F E E E E E E ~ E E E E E _ i>v ~ ~ U ZEN E E E - E E E E E ~ - E E E E E E r E E E E E E E ~V~~\ ~ I E E E E E E E E E E Cq ~ C,'~U 29 E E F E E F E F E r F F E E E E E F E E E F E E F ~ E E E E E E E E ~ . 1 ~c --i Q E / E E E E E E E E E E E E E E ~ ~ ~ r~ A- - Q Z ~ F E F F E F F E E E F F E E E E E E E E E E E E E E E E SS ~ ~ ~ E E E E F E ~ Z IMPACT AREA BREAKDOWN NORTH TRACT) E E E E F E E E E E 23 E E E E F E E E E F E E E E E E AREA AREA SO F1 AREA (AC. NOTES PROP' CITY OF NILMINGTON i E E E F E E E F F F E E E F E E E E E E r E E E E E E E E E 56 ~ Z E o Q E E E E E E E E E E E E. c E E E E E E ~ O F-- i~ I 5 FT SIDEWALK 3O E F F E E F E E E F A 2675 .D6 ! ( E E E E E E E E E F E E E E F E E E E E E E E ~ E E E E E E E E E E - ~ E E E F E F E E E F E - (n U m~ LLI Z F F F E F F E B 4366 .1D F ` E E E E F E E E E E E E F E F E E F E E E E E E E E E 57 ~ Z ~ F E E E E 54 X 0 0 ~ C 2 300 .O5 24 E E E F E E F E E E E E E E F F E E E E E E E E E ~(/30Ft E E E E E E E ~ 1 ~ Q ~n U 0~~ E ` E E FT Q E E E E E E E ~ ~ r E E E ~ PERT ~ ~ 0) D 1512 D3 31 F E E F F F E E E E F E E E E E E E E E F E E E F E p F E E E E E E E BU ~ ~ E E ~ F. E E t ~ ~ ~ ~ E 398 .01 E E F F E E F E E E r E TOTAL V~TLANDS AREA FOR NORTH ~nh~' ' ~G, 25 F F E F E F F E E E E F E E E t E F V F E e 58 ~ ~ ~ E E E E E ~ E e r Z~ W Q ~ E F E E F E F E e E E E TOTAL IMPACTS FOR NORTH 1RACT = 11,251 SF (.25 AC.) ~ 32 E E F E F E E E E E F F F E < E E E E E F E E E 53 . Q~ I-. z 00 E F E E E F F E E F E E E E E F E F E F F E E E E E E 43 ~ E ` E E ~ ~ ~ Q E E E E E ~ E E E E ~ ~ :i ~ _ ~ p~ O IMPACT AREA BREAKDOWN SOUTH TRACT 26 F F F F F E F E E F E E F E E E F E F E E E E E E E E E E E E F E F E E ) E E i ~ E E E E E F E ~ AREA AREA SO FT AREA AC. NOTES e` L 33 E E F F F E E E { .08 SITE STILL IN CONCEPTUAL PHASE ~ v~ F F E F F F F E E E E E F F E ~ E ~ 1iNEiClr E ~+t 3 306 \ E F E E E E F E F F E G 1016 .02 SITE STILL IN ~ONCEPlUAL PHASE ~ y. E F F F F E E E E F E F F F E E ~ E E E E E~ ~ ..v5' i,r,°E ' r E E E 42 ~ ~ : E E E E 52 ~ 60 - ~r F C] ~ F E E E F E E E E E E TOTAL STREAM IMPACTS - 72 LF ~ ~ E F E F F E E F E E F E E E J E E E E E ~i r 1 ~•.?m°.~{f~3~1~~..,~,~s E E E ~ ~ ~ E E i ~,.J A'Za.Tf ~>if TOTAL WETLANDS AREA FOR SOUTH TRACT = 156,816 SF (3.6 AC.) ~ ~ i ~ ~ E F F E E E ~ F E E F E F _ ~ „A~ \ ~ ~ FT OF E E E F E E E F E E E ~l ..r ~ f E E E E 51 ~V - E E ~ ate` ~ E E E ~ ~r:~ TOTAL IMPACTS fOR SOUTH 1RACT - 4,383 SF (.10 AC.) ~ ~ I ~ E E F E E F E E E I 41 E~ E E E E E 11 'ES~~t~.; = 1.05AC. U I E E F F E E ~ E E E F TOTAL AREA OF WETLAND CREADON i, 25 FT PERIArEiER ~ v lyj~/ i F F F E F F E E E F y~ i ~ y BUFFER ~ \ SQ (O/~ ( F E F E E F F E \ i ~ c E E E E X30 FT DE 61 ~ I ~ E E E E ( ~ :i I E E E 50 a ~ ~ a~ f . G I ~o ~ ~TpC~/p E E E E F F E F 11 30 E I ~ E ~ , i , oa ~ e ~ 30 FT DE E I ~ ;s a~~r g,q . i E ~ ¢ I E E E r`-~~ l I _ ~~~s~~rn° ~`ri TOTAL WETLANDS AREA fOR NORTH AND SOUTH TRACTS = 175,866 SF (17,81 AC.) ~ i ~ PROP. 5 Fr s,~~ ' ~ v ~i~ 9~ ~ F F E F F E F 1 ~ ~ I~ SIDEWALK Q8, v~ q A F E E E E E E 1 i ~ ~ I I ~ ~ l ~ 4r i l ley o ' ~ .~t' E i i E E I I ~ t~ PROP. 5 FT ~ ~ ~ ~ rn° ~ I TOTAL IMPACTS FOR NORTH AND SOUTH TRACTS = 15,236 SF (0,35 AC.) ~ ; ;s s9, v ~ ~i~ ~v F E E E E E E T ~ f ~ V I F F E ! i , E I I SIDEW ~ i r~ n l '~~,~a~~'aar,.kw~s - ~ ` K I E E E E E TOTAL AREA OF WETLAND CREA TION - 45,816 SF (1.05 AC.~ ~ ~ E F E F , ~ ~ENNFT~h BROCrv I; F E f E E ~ I ~ ~ I l30 fT DE ' ~ t p \ , E F i ~OVfV 4~}, I ~ ~ ~ V~ I I E E F E F E / ~ ( 1 l - / ~ ~ 7 ` I E F 30 FT DE { E ~ ~ . ROP. 5 FT 49 ~ ` ' 63 ~ ~ ~ 8 ~ E F E l i ~ BOA V I E F F F i 22 ~ I E E F E E SIDEWALK / ~ i ~ ` ~ ; i ~ ~ ~ i ;i ~ ~ i~ I 1 ~ \ E F E I ~ F ~ ~ o w \ v E E E E F E j 34 35 i ~ E E E ry E E ~ 35 36 37 ~ 38 ~ ~ 44 45 46 47 48 ~ ~ ; , i ' ~,r ~ F- 34 I ~ 64 ~i ~ i i Q p t i r ~ ~ N r E F I ' I ~ i~ ;i I ~ r M E I ~ IIIPAC AREA I , ~ / a~ ~,iv ` i! ~ a ' MBL 65 I 4,386 SF 0,10 AC. ~ ~ I I ~ I s - y ~r ~ r I w ( g - ' _ ~ 66 i I ~ o ~ ; ~ ~~r~T~i~ ~ac~K ~ ~I°~.~ ~ s~ , r _ _ i~ ~ BOOK 15 i ~ ° ~,r [ I ~ ~ i ~ _ ~ ~f~i~~,°i F~, BFI ' A N ROP 5 MB ~ C y 67 ~ i - _ ~ SIDEW Z ` ~ ~ ~ i~~0~ ° , c. _ ~Z' r ~ ~ a ~ 68 ~ i IIIPAC AREA ~ 2,875 SF 0,06 AC. ~ ~ 76 75 74 73 72 71 a ~ 70 69 I p ~ ~ l ~ ~ ~ a ~ ~ 25 F7 PERIMETER ~ ~ ~ 1 ~ BUFFER ~ I I ~ PROP, WALKING ~ . WALKING ~ i _ _ _ PROP, WALKING Q TRAIL TRAIL ~ - -.._-_nr ~ -TRAIL - - - - _ - v1 -L------R--~ 1~ a n~i------- ~ Iv(A50PJBOR,,, u~0, R~rJ _25 - - _25 FT PERIMETER--- _ ~ _ - ~ p _ _ _ _ _ _ _ _ 60 F~ P!i;~LIC R W_ - _ _ _ _ _ _ J6 ~RA038 FT RA - - B~Lf~ffi f - - - - - - - - _ _ _ _ cn Q _ -----PROP. CITY OF NILMINGtAV ' -_--_._~__PRCP. q1Y OF WIUIINGtON , Z ~ 5 r7 SIDEWALK -PROP. CUII"ERT 5 FT SIDEWALK ~ w - I ~ ~ ~ I 0 i ~ U w LINE LAELE I _ A6 12" 12" I EXISTING BOUNDARY _ CURVE TABLE cY U I ~ LP:!r' BEARING LENGTH ~ w CURIE DELTA RAD1U5 ARC TANGENT CHORD BRG Q ~ f L 1 51138'18"W 80.30 FT ' ~ ~ so ~9o SLOPE Awav PoR - CURVE DELTA F SUPERELEVATION T~ - C1 89'59'59 C1 89'59'59" 100.00 FT 157.08 FT .00.00 FT S5638'18"W „ ~ q~ CENTERLINE RIGHT OF WAY C2 66'15'04 w _ i2 578'21'42"E 635.4fi FT C2 66'15'04" 230.00 Fl 265.95 FT 150.08 FT Nfi830'46"E 1 `r ' a 40' R\W ~ - - coNrouR uNE & E~~AnoN 7" i C3 29'56'56 6„ 6 t /2 ' i - C4 61;16'21 ~1. FT ~ ~ ~ 13 S3523'14"W 410.67 ET ~ o C3 29'56'56" 230.00 FT 120.22 FT ~ 52 N2024'46"E r ~ ° ~ L4 '1 518.98 FT ~ w oRaINACE ~iow i ~ - C5 68'41'35 C4 61,16'21" 230.00 FT 27139 ET 153.99 ~ T N28'21'52"W N0526 9 ~ N • ' 157.17 FT L5 N62'iD'03"W 24.12 FT ~ I w i !f ff ' ' C6 11'49'10' C5 68413 230.00 FT 275.75 F S83'29'10"W C6 11'49'10" 230.00 FT 47.45 FT 23.81 ET 51132'52"W LE S56'59'S9°W 50.00 Fi~ I ~ C7 49'26'19" 100.00 FT 86.29 FT 46.04 FT 548'10'37°W Li N11'38'18"E 188,02 ri NOT TD SCALE 4s,26'1s ExlsnNC saNrTARr NOT TO SCALE Ce 3218'42 1 0.00 FT X6.39 FT 28.97 FT L8 N72'S3'47"E 5303 TT I Q I C8 32'18'42° 0 Sb82421 E SEWER & MANHOLE L9 N84'33'41"W 292.31 FT ~ ~ L19 N52'15'00°W 59.93 FT j - EXISTNG wATERi!NE C/L O/L Chi. L11 S84'33'41°E 210,Ou Fi ~ w 0 rr W 40' ~W -J ~ ~ ~'~a SEWER & CPRC~q~EDNSTORM 60~ ~W r~~ 1W 30' 30' 25' 25' I v 25' r 20' 20' - L01'i!NE LOiLINE DATE: 9-13-06 FT D E.LP. ExlsT IRGN PIPE 40' 40' 14' 14' 14' 14' 14' P~ 40 WATER METER SERVICE CONNECTION 18' 18~ 12' 12~ ~ ~ 12' , t2' 12' M= s HORZ. SCALE.' 1 - 100 I ~ ~ I 30' n= 0.03 ~/a/rr E.C.M. EXIST. CCNCRETE MONUMENT 3.1 `2 2' ASPHALT 2082 2' ASPHALT p 1141 ~ ALT 5 DRAWN BY.- JSL 3'T I , I s' ASPHALT \ \ . 114- FT 2- 11 4' Fr VARIES 11 jl~ 2 08X ~T stp T HANDICAP RAMP ~~z~ 3.1 50 28 I T 5' SIDEWALK 5' 9DEWALK It 11 CHECKED BY' HSR 5' SIDEWALK ?~~~VA(\A~\~\~~~A~~~ -RASS LINED EX. ELEV. & PESCR PT oN TYPE H 6' ABC TYPE H 6' ABC TYPE H 6' ABC PROJECT NO.: 04-0011 CURBING TYPE H CURBING TYPE H CURBING TYPE H 50' R \W (INVERTED PITCH) CURBING (INVERTED PITCH) ACTIVE OPEN SPACE 60 FT R W PRIVATE ROAD 50 FT R W PRIVATE RC CURBING (INVERTED PITCH) CURBING GRASSED NN ~ (PRIVATE ROAD) 40 FT R/W (PRIVATE ROAD) (20' DRAINAGE EASEMENTS) PASSIVE Oacn, SPACE STREET ul"ROSS SECTION STREET ur~ 1SS SEC TION STREET CROSS SECTION NOT T0 SCAL' E Sheet No. _ of _ ~ NOT TO SCALE NOT TO SCALE NOT TO SCALE CALE NOT TO SCALE ~t HIMW t I I 100 50 0 100 2CC 300 NOT TO SCALE ~S 74 ~,g, 35. Pq,INTf REU~S~y REW NANO c SCAtE 1N FEET: 1 100' ~ NE ~ ~ I US 76 ~ ~ 1 / ~ ~ ~ / i ~ ~ ~ ~ ' ~ i~ ~ ~ i7 / v ~ ` 1, NEW HANOVER COUNTY PARCEL NOS.: R07200-007-030-000 k R01200-007-031-000 U E i'~ / l ~ Z rAereN~ ~ ~ / ~ ~ 2 TOTAL 1RACT AREA: ~ / ` / / ~ ~ ~lE ~ ~ i NORTH TRACT = 1,702,155 SF (39.08 AC.) SOU1H 1RAGT = 1,741,964.4 SF (39,99 AC.) NAVU{p 'NWL ~ / ~ \ ~ SR 1592 0 ~ ~ / ~ ~ ~ ~ TOTAL AREA = 3,444,119.4 SF (79.01 AC.) ~ " L5 ~ ? / / \ 3. EXISTING ZONING DISTRICT R-15 v, v / / ? ~ ~ '.5 / 1 ~ 4. LANC CLASSIFICATION: RESOURCE PROTECTION ENGINEERING i ACK o / / 1, 15 FT AEC SE1B ~ / l FT PERIMETER/ ~ ~ ~ ~ ` , ~ r 5. TREE REMOVAL PERMIT TO BE OBTAINED. LAND PLANNING ' s. LANDSCAPE PLANS TD BE FRONDED Br OTHERS COMMERCIAL / RESIDEN77AL 25 ~ \ / BUFFER / 3. THIS 1RACi iS LOCATED IN ZONE "C" ACCORDING TO N i i./' 7 ~ ~ i ~1 ~1 ~ r THE FIDERAL EMERGENCY MANAGEMENT A~IC1"S P.O. Box 4041 ~ ~ FLQQD INSURANCE RAff MAP, COMMUN'tTY PANEL Wilmington, NC 28406 l 76 l l w ~ 7 , i ~ C ~ NUMBER 370168 0090 E, DATED: 9-3-92 910 791-4441 / / ~ ~ 1 8. SITE ADDRESS 1S 1300 NAVAHO TRAIL - ~ ? ~ ~ I NORMAL HIGH WATER UNE / / ~ Is , / ~ iS PROPERTY LINE / 7 ~ , , ~ ~ ~ R S SEDIMENIAIION do EROSION / 9. NEW HANOVER COUNTY/NCDEN JlQ ~ ~ s / S9 G-, / ~ ~ ~ ~ ` CONTROL PERMIT REQUIRED AND TO BE OBTAINED. E f0. BUILDING USE !S FOR SINGLE-FAMILY HOUSING ~ ~ / 76A fir' ' ~ ? ~ ~ 7 / / 11. THIS 9iE iS PROPOSED 1O BE A CLUSTER OEVELOPMENt E~aq / ~ ss ? ; ~ / / , ~ ~ - ~ ~ ~ ~ 12 UNNAMED STREETS TO BE NAMED PENDING APPROVAL FROM = ~ ~ ' , FRANCES DOWNS, pS ANALYST/CITY ADDRESS COORDINATDR a ~ a / Is r 6' / 7 ° ~ / ~ ~ ~ l1 7~+ / A ` S~ ~G ~ ? ~ ~ ~ ~ ` ~ ~ ~ ~ T'~ , _ s ~ ~ ~'Ci "PR . 5 F ' 4 / i ~ E~ / 9DEWi(LLK ~ T 9 Is / vs S~ , 9~. ~9 Is l OTTOM FlNISHEO ELEVAiICNS TO BE NIGHER >HAN ADJA~iT WETIANOS U V 9 ~ F s / ~ ' I i - ~ - NOTE POND B Q ~ ~ SS ~ ~Y. ? ~ ~ NOTE COASTAL WERANDS ANO NORMAL HIGH WATER LINES FLAGGED BY ~ ~ / / ~ ~ 7~0,' r ti ~ ~ ' ~ % SOUTHERN ENVIRONMENTAL GROUP, INC. AND VERIFIED BY ~ ~ 2 ~ O / S / / fT DE IS `j48(g / L21 ` / / 4 ~ ~ F , ~ , ~ PA1RIpA ROBERIS, LPO FOR NEW HANOVER COUNTY. ~ ~ g a~~ ~ / ' i ~ p fi,,~ .s / l23 / 7 ~ + / S ,a ~ A Z ~ 4~~~ MARSH LINE y° i0 / / E ~4 / E \ a 7~7 25~T PERIMETEk ~ ~ ~ ~ r I ~m~s° BUFFER I ~ a (PROPERTY LINE) ° / E E E l IS - ~ r 7 U ~ E E~S 2 y, / E ~ I 6'~ ~ ~ ~ ~~a~ ~2 ~ i ~ ~ ~~,~u ~v n 1¢ L~9 ( E ~ / ~ ~ ~`~6E E E I ~ 7 1~3 ~ _ ~ ~~~o / ~ nE ~ E E~E \ SI . 1 V ~ ~ 1 ~ ~ ~ i 1 j ~ ; bs ND ~ ~ ~ ~ B~~a / ' ~ /E E •,E E \ 30 F7 DE ISO r _ SO rp~ / ' ~ - ~ E E ~ \ Y \ ti ,h, e Sp R~ e A , t e a a 8 _ E E PROPOSED ~ 7~ /~9 CO 9 / a`^ ~ ~EbSRNG STREAM E E v STORMWAIER r ~ G „ l I r E E E E \ POND / T l~ / r E E 1 % 4 ? U ~ psi - t + + ~ F ~ / / i ` r Li32 E 1 ~ i ~ 1 1133 rE E 1 ~ / ~ 1 r I~ PR , 5 FT + ~ r3 G ~ k 2'~''t t + ~~9 . i n ' 75 F7 AEC SETBACK l ~ ~ E E i ~ 8 DETYAIK ~ r ~2 t + + + a N n ~ \ ~ E E ~ \ 1 7 / ~ PROPOSED E E ~ ; + ~ + + +t + t + J. STORMWAIER ~o \ ~ ~ 7 IIO POND E ~ Ins ~ ~9 \ E Y W~: l/ i \ \ E E ~ F i ~sr6 s e + + ~S + + + say. ~ F- i t EA ON++ + + ~6~ Q ~ o + ~ + + + + / ~ Z U(~ \ \ ~ ~ l ~ ~ I77 A 1 E E ~ ~ ¢ 7 ~ ~ ~ s B + ~AR ~ + , + + t + + at z ~6J~.~ ~ .J / / ~ ~ a a, R~ r, E r / ~ 7 30 FT DE ` - I E °m~ ° 30 FT D~ r gS ~o + t 32,178.3 SF 0.14 AC,) + + t _ o -I ~ ~ 7 Lea + + t T + + + + + + + ~'Q? ~3B ~ ~ O ~ 7 r. r E E _ ,TO F7 DE ~ III 10 j ~ E E E r l/^ y' 30 Fi DE AA a9 ~5~ E + + t + + + + t + + +x,59 t' , ~ v ~ p ~I I 8 773 _.r E E F ~ / ~ ~ I ~ ~ ~ rE E J~ l ` ~C E F E + + s + + ~ s ~ ~ 5 FT PERIMETER ~ ~ Z E F E E E t ~E > E E C+ + + L2 2 HZ \ ro E E E 1 STREAM IMPACT WETLAND CALLS for P E E E E 72 LF ^ E E + BUFFER 3~ O O U ~ r E E E E E E + is p O J Q ~ F E E E E E E E E E E F-Z QQZ ~ ~ 77 E E E I ~ , PROPOSED POSED E E E E E E X68+ + i I ~ 2~ E F E / STORMWATER LINE TABLE LINE TABLE ~ w I ! ~ L E LINE BEARING LENGTH LINE BEARING LENGTH I~~ ~ 77 s lie E E ° I S I POND UWATER ` E E F E E E F F E E E E F +t ~ I- Z ?ND 1 ~ F E E E E E E E E E E t t O O~ ~ (n OO L81 512'54'34"E 31.71' C ~ L1~'i E E IJs I Ll 551'30'38"E 42.12' ll E E E E E E E E E E o~~DS ~ 2 O ~QU L82 '1 "W 31.39' ~ I 116 ~ E E I L2 566'34'36"E 25.24' N8547 2 I? 70 ~ E E (15 ` I E E E E E E E E E E + CREAl10N * o o W W Z j ~ E E r E E E E Q E E E ko`0 v~ + AREA} Q Q U L3 511'56'28"E 26.27 L83 S72'04'17"E 30.92' 6 ` E c121 u2a L38 \l3s L84 552'55'52°E 29.49' 25 F7 PERIMEI~R 71~ / (I E (qq L4 54130'36"E 18.95' 7 ~ / 116 Ir1~ 14± I ~ E E E E E L9 E E "13,67. / SF,. o I ~ Q Q J L5 504'04'51"W 27.84' L85 S60'S8'25"E 40.46' ~ ~S ~ 7 ~ / Ltt~ E F E E E _~32 E ~t x(0.31 AC.) - 2 ~ ~ ~ \L42 E F E E E ~ E (n ~ Q a~ E E ~ e SWAMP FCREST L6 523'44'09"E 24.01 L86 S35'38'38"E 34.42' 7~ ~ 78. ~ r IMPACT AREA 142 A ~ ~ 30 FT DE ~ 1,016 ~F O,OJ AC.) c r 143 L87 506'42'08"E 33.18' ? . I / ~ ( L7 513'45'11"E 24J4' ? 70 lg ` f~~ L 1 l43 ~ E E E 9' E 187E `g + t tGm Z~ W Q E E E E F v $ Sr i Q L8 510'13'04"E 21.94' L88 553'51'32°E 37.45' 3 ` C~ E E E ~B6 F J J Q W llp E E E 9 Jg i ~ ~ ~ Z h ~ S~ I. R ~ ~ ~ eo ~ p W 3 L89 532'54'14"E 54.30' ~ ~ 1 ' L9 502'02'46"W 14.51' ° L90 14.31' FT 2~ 1 ~ jE E E E ~ M J 2 L10 515'21'30"E 28.92' S10'44'30 E PROP. 5 ~ ~J ~ ~ Lit 563'34'33"E 24.23' L91 52151'21"E 29.77 e ? SDEWALK ~ ~ E E E E F ~ O P 1 w .q O ~ E E E E E~ ~ n . ~~x i> L12 ' 8' 8"E 20.02' L92 S10'34'S4"E 28.01 ~ . j ? 7? ~k T j 5714 0 ~ ~ E 54, ~ ,ti l POSED I ~ E E E E ~ ' • y v=~ Rp ~ ~ E ~ ~ M ~ r L93 S43'50'04"E 55.35' ~'~/L/ I I~ ~ PROPOSED / L13 N86'10'27"E 28.08' 7 / 3 $TDRMWATER / L14 S43'53'37"E 27.85' L94 S33'21'17"E 39.2 LINE TABLE ~ ~ ~ . ~ / 30 F7 DE 1 ~ IWAIER ~ ,~p1 E F E ~ E a , , , _ IMPACT AREA F ~ ~4 c.S.Slp 9 E L15 544'15'10"E 28.61 L95 S86'33'47"E 21.53' LINE BEARING LENGTH ~ ~ ? ~ I POND / 06 1ND i 6 E E E E E tg~ / m 3,306 SF (0.08 AC.) x / 10 E ~ Lib S56'48'25"E 45.95' L96 551'3142"E 38.61 L167 S49'10'57"W 48.72' rj ? I ~ ~ V r i E E ~ F E ~ SE>tL b j ~ F E ~ 99 ~q ~ / 7~ 1 ~ ~ a D L17 S79'09'19"E 45.38' L97 530'34'28"E 38.24' USN S59'33'45"W 69.13' t a m \ I C E Lib '4 '28"E 31.10' L98 531'40'21"E 26.92' L16~? 550'43'08"W 46.02' ~~~`G~';~~~;~ 70 ~ 723 1~~ 10 N74 2 ~ 2 ~ ~ / ~ I ~l0 30 FT ~ c i ~ ` r R FT 1 N ~ ~~a ~c` L19 N38'45'43"E 43.61' L99 519'06'52°E 40.30' L1 "0 536'32'15"W 65.33' ~ 7 ` 0 I SI ALK t I ~ ~ t~l~~.,~ fie,, ~ L20 N50'15'30°E 65.66' L100 526'03'15°E 11.61 LI'I S1 T1T12"W 41.91' ? ~ I ~ ~ ?g 'r. ~ r 'A, ~ ~ i ~ gig, L21 N24'46'03°E 35.58' L101 S24'01'59"E 26.46' L172 520'18'48"W 49.79' ~ r~~ I~ 4 7 / L22 N19'12'15"E 28.10' L102 512'5131"E 38.38' L173 504'41'20"f 53.51 O/ D S~ ~ ?S ~ ~ j ~ T ~ i ~ r~ ~ 1 ~ ~ ~ L23 20'19'42"E 37.28' L103 S2T38'02"E 34.13' L174 1'59'17"E 44.71 ~ 9 ~'p s ` 7 N S2 S 8 ° ?s \ L24 N22'5T30"E 47.30' L104 514'09'01"W 36.31' L175 ' 0'E 38.08' ~ / Ff 543'03 2 \ q ~ \ L105 N6T32'28"W 24.53' ~ 98 ~ ~ ~ 7 L25 N51'48'04"E 65.73' L176 534'56'28"E 35.89' ~j ? /P ~ ' 2j L26 N40'33'31"E 64.51' L106 N29'40'34"W 33.20' L177 543'01'43"E 51.17' i / / 1 ~ 9~ ' I Q L27 N65'55'04"E 43.68' L107 N26'35'46"W 28.21 L178 513'16'52"E 67.38' ~ T 9~ ` a L108 '53'42"W 41.51' ~ ~ 7 FRA'OSED i W ~ SIORMWAIER 1 ~S ~ 2 L28 N8T53'15"E 49.51' N53 Lv9 532'53'46"E 48.29' ~ ? 96 2B L29 N80'32'25"E 54.06' L109 S86'31'20"W 27.61 L180 531'03'57"E 66.18' ~ ~ Y 1 ~~6 ~ POND ~ ~ ~ ~ ~ ~ L30 N59'19'41"E 53.94' L110 S25'34'12"W 41.55' L181 N44'28'11"W 66.11' ~ S / ~ 9 ~~9 ~ ~ ~ Q 1 ~ ~ 73 I O p L31 N55'41'04"E 57.59' L111 526'01'23"W 46.51' L182 N39'18'S0"W 54.35' ~ ~ f S . 8' L112 S1 T08'S2"W 41.85' 9 L32 N65'10;48"E 40 5 L183 N3675'03"W 56.77 ~ ~ R `~D ~1 30 Fi D 8 00 ~ ~ \ L33 N48'1054"E 70.22' L113 S29'4T08"W 48.11 L184 N00'13'37"W 3711' ? ` / ~ ~ 7 ~ I ~ ~ l I ~ i~ L114 1128'15"W 48.23' " ~ 9 ~ ~ L34 N41'45'51"E 46.38' S L185 N41'3T39"W 44.78' l/ ~ Li 15 S1 130'20"W 45.13' 3 ~ ~ ~f, L35 N33'48'34"E 47.60' L186 N7T29'26°W 67.80' / L36 N08'26'41"E 31.19' L116 508'10'43"W 35.86' L187 N16'03'04"E 79.85' ~ 9? i ~ ~ ~ , 116 "W 35.86' ~/r L37 N0T48'41"E 30.45' L 508'10'43 L188 N19'41'10"W 67.43' I/ I` ~ o ~ ~ S~ 30 F7 DE i ~ ~ ~ ~ L117 ' S"W 27.60' ~ 97 L38 N08'41'49"E 31.70' 515'072 L189 N14'13'56"E 30.80' L39 N13'33'36"E 63.78' Li18 S09'30'S4"W 27.03' L190 N09'38'15"E 44.34' Ali " ~ S 9~ L40 N26'05'35"E 39.02' L119 S21'02'31"W 48.48' Lig) N54'39'47 E 29.52' /0 25 F7 PERIMETER , 5 ~ ~ I ~ I' L41 N2T01'32"E 40.88' L120 S0959'S4"W 29.28' L192 N0T19'39"E 39.72' ~~V ~ BUFFER 89 ROP ROP, 5 FT ~ r ~ j 25 FT PERIMETER 9g SIDEW 3R I BUFFER L42 N26'03'34"E 53.95' L121 516'05'58"W 49.96' L193 N83'31'09"W 24.81 ~ ~ ~ ~ $TDEIV L43 N22'21'02"E 47.28' L122 S622T35"W 41.40' L194 N5T20'44"W 36.22' ~ ~ ` B8 B8 L44 Ni6'49'13"W 52.80' Li23 S12'10'13"W 41.78' U95 N46'04'04"E 24.98' ~ C~~'"~ i ~ `~S 9j ' , y~' 124 36.48' ~ 9, L45 N1592'42"W 48.70' L S25'03'25"W L196 N43'13'58"W 41.96' L 125 S26'45'07"W 27.65' ' ~ ~J L46 N8T56'S0"W 29.16' L197 S76'58'44"E 80.22' ? 7~ ! 6 L47 N70'54'25"W 49.43' L126 S39'21'20"W 35.28' L198 566'02'28"E 55.76' G' 9 66 ti L48 N60'54'51"W 46.73' Li27 N86'18'06°W 43.31' L199 N5024'45"E 53.61 ~ ~ ~3~ ~ 8S Y i L49 Ni5'40'32"W 50.52' L128 N6T29'09"W 39.52' , L129 88'35'24"W 47.85' F~~ ~ ~ L50 N00'04'30"W 49.34' S ?A ~ /~9 ? 8A ~ _ ~ ~ Q L51 N02'48'26°W 40.05' L130 556'11'46°W 28.37 ~ ~ _ II z ~ ~ ~ ~ ` ! ~ w L52 N79'O6'31"E 36.22' Li31 586'45'17"W 52.65' LINE TABLE `O ~ O~ L53 N19'41'43"E 123.51' L132 N05'Ot'S2"W 30.61 LINE TABLE ~ ~ ~ ~ o N LENGTH LINE BEARING LENGTH ~ L54 ' 4"E 36.32' L133 N05'3T51"W 36.98' LINE BEARI G ~ N02'061 L233 1' '05" 24.03' ~ I a2 ~ L55 N83'00'15"W 18.99' L134 57133'48"W 43.69' L200 N68'32'57"E 90.96' N3 26 E L135 ' 1'34"W 34.51 L201 N8T31'00"W 7.38' L234 N31'39'11"E 24.28' i ' I t ~ ~ ~ 9~ w L56 N16'15'36°E 22.90' 555 3 ~ ' L57 N70'4T48"E 11.23' L136 S41'34'S5"W 26.43' L202 N66'4T52"W 6.79' L235 N35'14'07"E 30.00' ~9? EXISTING BOUNDARY ~ ~ ~ f ~ ~ ~ N 0 f~ BO ~ L58 N21'34'50"W 38.72' L137 N71'08'05"W 24.76' L203 N46'36'12"W 5.91' L236 N36'S8'23"E 29.51' VQ L204 N36'44'49"W 6.02' L237 N38'20'19"E 46.92' ~ ~ v~~'p ~ I, W L59 N12'f0'31"W 19.06' Li38 S45'03'42"W 36.32' L238 N48'1T09"E 19.24' CENTERLINE OF RIGHT OF WAY ~ L60 N46'13'32"W 27.33' L139 SOS'12'20°E 31.18' L205 N41'13'21"W 6.92' ~ ~ 9 0 ` I w L239 N44'11'44"E 5.91' - ~j L60.1 N46'13'32"W 9.13' L140 S23'04'58"W 47.52' L206 N56'35'33"W 10.30' L240 N31'35'40"E 3.49' z, coNrouR uNE & EIEVAnoN - ' ~ S L60.2 N46'13'32"W 18.20' L141 508'30'33"W 29.42' L207 N71'40'16"W 10.11 L241 N23'O6'25"E 7.39' G' W G' G'v''~', / L61 N55'56'55"W 15.83' L142 505'30'11"E 32.31 L208 N83'36'33"W 11.58' L242 N32'46'05"E 4.43' ~ DRAINAGE FLOW / L62 N3829'22"E 11.46' L143 526'18'06"W 32.82' L209 N89'34'56"W 11.34' ~C i I C ~ ,o ~ L63 S49'53'21°E 30.82' L144 55119'33"W 25.83' L210 N89'30'S2"W 12.52' L243 N43'38'38"E 17.84' ~ ~ o L63.1 54933'21"E 25.01' L145 548'05'28"W 40.34' L211 586'23'30"W 14.72' L244 N63'41'33"E 8.00' L63.2 S49'S3'21"E 5.81' L146 S49'31'12"W 27.48' L212 575'15'21"W 11.63' L245 N82'05'16"E 9.02' ` I I z _ ~ ~ li L213 S60'OS'36"W 8.58' L246 582'5132"E 6.21 Ex1snNG sANITARr _ \ L64 544'06'18"E 25.86' L147 S29'32'26"W 26.73' SEWER & MANHOLE - , C; ? ~ w L65 543'18'33"E 10.83' L148 505'13'48"E 26.09' L214 S4030'44"W 9.71' L247 581'40'01"E 59.25' -L _ ~ . i L66 N56'59'19"E 26.48' L149 S24'02'24°E 23.39' L215 S29'28'19"W 7.97' L248 578'48'30"E 17.09' - - EXISi1NG WATERLINE L67 N64'13'24"E 11.52' L150 S4T42'33"E 25,21 L216 535'03'43"W 7.75' L249 575'14'30"E 9.79' ~ , I 6~' U L68 S52'13'it"E 13.37 Li51 S66'S0'35"E 28.05' L217 S59'15'46"W 6.31 L250 S72'26'05°E 14.80' EXISTING /PROPOSED STORM L251 573'48'37°E 8.34' SEWER & CATCH BASIN 6 v ~ DATE. 9-13-06 L69 574'42'30"E 19.94' Li52 57026'10°E 32.35' L218 N88'55'51"W 7.28' L70 S59'05'15"E 21.75' L153 S72'35'37"E 34.18' L219 N65'19'46"W 9.41' L252 57]13'18"E 20.49' _ ~ ~ , L71 55104'51"E 32.55' L154 S61'51'O6"E 29.89' L220 N4338'59"W 7.52' L253 566'13'39"E 6.41' E,I,P. EXlsi. IRON PIPE ~ 1 ~ ' ~ NORZ SCALE. 1 = 100 l- ~ i L72 582'54'29"E 23.94' L155 554'46'53"E 28.04' L221 N23'41'21°W 8.91' L254 S55'31'40"E 4.73' L222 N02'23'18"W 9.58' L255 535'52'10"E 6.91 ® WATER METER SERVICE CONNECTION r ~~~h ~ 173 niu•m'~1"F 34 74' L156 54140'00°E 34.42' ~ ~ ,0 i BRAWN BY.• JSL L74 N62'05'22"E 40.38' L157 S4547'11"E N9. L223 N09'51'11"E 7.2T L156 5433727"E Z.LiI L75 N79'03'10"E 27.42' L158 S35'06'04"E L224 N3146'00"E 13.46' L257 559'04'09"E 4.50' E.C.M. EXIST. CONCRETE MONUMENT CHECKED BY- HSR L76 N6326'46"E 23.41' L159 S2527'30"E L225 N40'11'20'E 12.47' L258 567'10'14"E 4.98' IMPACT AREA BREAKDOWN SOUTH TRACT NOTES L77 N30'46'58"E 19.36' LifiO S4T5fi'08"E L226 N34'27'39"E 12.95' L259 563'17'54"E 5.03' T HANDICAP RAMP AREA AREA SQ FT AREA C. L78 574'51'05"E 7.95' L161 575'1934°E L227 N34'08'10"E 15.41' L260 S50'58'54"E 3.55' F 3306 .08 SIZE STILL IN CONCEPTUAL PHASE PROJECT NO., 04-0011 2_ Sheet No. 01 L79 8'55"W 1.38' L162 S78'52'20"E .L228 N40'58'18"E 24.34' L261 530'14'03"E 6.44' EX. ELEV. & DESCRIPT70N S150 L262 S01'24'54"E 3.7T G 1076 .02 S17E STILL IN CONCEPTUAL PHASE L80 S66'53'56"E 20.82' L163 S89'08'42"E 42.49' L229 N3934'20"E 42.82' EL "E 4.03 L230 N41'15'47"E 15.51' L263 518'32'00"W 3.22' TOTAL STREAM IMPACTS = 72 LF L164 S8428 O6 L231 "E 23.78' L264 S33'00'16"W 5.72' ACTIVE OPEN SPACE TOTAL WETLANDS AREA FOR SOUTH TRACT = 156,816 SF (3.6 AC. L165 S38'45'14"W 14.69' N42'16 56 " L232 N36'4527"E 17.28' L265 545'26'51 "W 14.04' TOTAL IMPACTS FOR SOUTH TRACT = 4,383 SF (.10 AC.) L166 N802753 W 46.300' 1 TOTAL AREA OF WETLAND CREATION = 1.05AC. ' PASSIVE OPEN SPACE 100 50 0 100 200 300 NOT TO SCALE Us 74 ?t,.8.35. Per RE( H~pVFR ~ SCALE IN FEEL• 1 100' US 76 w 2 "+~+aeaa; r % i. NEW HANOMER COUNTY PARCEL NOS: Slff ~ V i ~ O ' NAVµp ~ ~ ~ \ ~ I R07200-007-030-ODO ~S R07200-007-031-DDO ~ 1592 ~ / ~ ~ ~ 2 TOTAL TRACT AREA• NOR1H 1RACT = 1,1OZ155 sF {39.08 AO) WYy~y ~ ~'X I / ` ~ SOUnl TRACT = 1,741,984.4 SF {39.99 A&) o f i~i~t ~ i;_,~ ~ TDrAL AREA = 3;444,n9.4 ~ {~s,o~ Ac.) ENGINEERING ~ ~ t ~ 3. EX1S11NG ZoN?NG DISTRICT R-15 LAND PLANNING 4. LAND aaSSnTCanoN: RtsouRCE PROTECnoN ~ A 5 TREE REMOVAL PER~NT 10 ~ 08rAINED COMMERCIAL / RESlDEN11AL ~ 6. LANDSCAPE PLANS IO 8E FRONDED BY 01HERS P.O. Bax 4041 I - . 7. nNS TRACT IS LOCATED RI ZONE 'C' ACCOR091G TO Vdilmington, NC 28406 , 25 FT PERBIEIER ~ ~ ~ - ' - 1NE FEDERaI EcY MANAGEMENT AcENCYs 910 791-4441 FLOOD AV51/RANCE RAZE NAP, COMMUNITY PANEL BUFFER ~ ` NUMBER 310168 0090 ~ DA1ED: 9-3-92 B. SI1E ADDRES'S IS 1300 NAVAHO iRAll o ° ~ k~ ` r 1 - 9, NCDENR/bIN? SIOt81WATER MANAGEMENT PERINT REQUIRED AND lO OBIAMIED. E ~ ~ ~ - has 10. NEW HANOIgR COUNTY/NCDfNR/LQS SEDLINNTAlION k ER051aV ,0 ° ~ ° $ ~ i , CONIRC~ PERMIT REQUIRED Ali TO BE OBTAIN®. o A s a 11. BUILDING USE IS FOR SMI(~.E-FAMKY HOUSING 4. ~ ~ ~0 3 I 6 ~ ` Q~. 1(p 12 1HIS 511E IS PROPOSED lO ~ A CLUSTER DEVELOPMENT. Q o ~ ° qq p ~ N PENaNG APPROVAL fRaU ~ ~ § ~ 13 UNNAMED S1REEIS TO BE AMED ~ _ ~ . ~ Rry~ ' ~ ~/!y ~r of , _ ~ ; FRANCES DONNA C1S ANALYST/qTY ADDRESS COORDINATOR ~ E Y F s Q X' ACT AREA ~ - - 1 125E Q AC ~ ~ i~ _ ~ ~ ~~t ~ ~ ~uPAC AREA ~ f ) ~ _ 398 SF U 01 AG ~ ` ~ - v w ® ,zo .g_a' v;\~ 5 W ~ OC J ~ a t 1 7 ~ ~ - ~W~~ . ~~n ` ov r ~rclfB • _ - (n as$; woa ~ a -0 U C' f7P TE 9 _ i L~ aa6G ~ § r( ' ~ ~ - `sad ke , ~ As . i ~ PROP CUL4FRT . ~ 10 i _ ~ a _ JO FT i - ~ - 1 ~ ~ 1 ~~'~g ~ , i ` PROP.5 = ~ ~ ~ i ~ 14 S~EIM ,~w` ~ ~i~E~ .d ~ ~ 0 ~ _ t 13 12 11 ~ i ~ ~ ~ _w~-~ ~ ~ {T RUBIJC 1T PUBIJC ~ N 300 SF ~ ? ~ ~ ~ ~ sD: ~ ~ ~ ~ DRANAGE EA; ~ M1 DRNNAGE EASEMEIVr N R,y~ 15 ~t ~ ~ ~ ~ ~ ~ W 25 FT P ~..~.-c~' ~ ~ / ~ • ~ s ~ ~ ~ ~ ~ BUFFER 1 ~ ~ ~ PR9W tir 16 ~ ~ ~ r ~ ' ` - \ U (n ` Q J x ~ - ~ t ~ ~ ~ ~ _ ~a ~ - I ~ ~ Q 17 I t 1_ -w` ~~w'~~'~~ a v~~ ~ ~ u ~ ~ ~ _ O C7 ~0 . ~ ~ ~ t ~ ~ •~9; ~ r ~ ~ ~ D D (j rye' ~ - - 18 ~ ~ . ~ ' O w. ~ Q ~ o o a `t ~ ~ ~ ~ o I y ~ ~ Z 3 t I ` ~ Z v p ~ ~ ~ ~ N ~ j ~ "I'~~ ~ '~c y ~ ~ . b~ ~ ~ ~y ~ w ~ W vi y- v% ,,y~ 19 W y'. v ~ ~ ~ _ ~ ~ ~ m j W Z - ~ W ~ p 0 ~d-~ ~ [ Jy ~ ~ ~ ~ ~A Vi ~ AMY ~l% may' .y ~3! V<. ~ ~ ±Y~ ~Y ' , w w w v - uc Vr ~ 20 ~ W Q ~p~J Z. ~ ~ ~ =r y / y ~ ~r-~ \ ~ ~ W ~ , _ a Z~ ~ ~ ~ I t ,~Jl1~°TIN~ ~TLA~S. ~ ~ , ~ 28 I y V~ y y w „j, ~y . .y y ~L Jam. ~ y ~l%'. ~ ' ` \Y, . y ~ ~ 29 _ ~ ~ .u~ y W. v% ~ 55 ~ o ~ 4 Q° PROP. pTY OF Nt<YINGft1N 23 ~ ~ ~ ~ ~ 'w~~'\ ~k . w ~ ,;v~~~.. ~w . ~v~'~- w . w . , ~ . 5 FT S~EIMALK 1 ~A . ~ ~ ~ ~ . \ ~ ~ - ~ a w, ~ ~ ~ ~ ~ ~ ~ r ~~~c t w L T1~.4$3 S , s G~~" ~ ~ .y y y . ~ '~r,+ t~ 25 , 32 ~ ~ ~ ~ :y . ~ ~ ~ ..O~;q">, rt99d. ~ 53 ~ 3 ~ i ,i 26 i~. ~ ~ y~ . ~ i ~ ~ , `mow ~ ~ , u ~ ~ . ~ ~ 59 i ~i ~ , ~ . o ~E i ~ L i~ ~ ~ A~~ ~ .w w V r ~ - ~ i~ L ~ ~ ~ 42 ~ - v ~ V~ ~ ~ Vr ~ ~ .y . y A ~ ~ 52 1 60 : ;l~ w m H ~ vii ~ R~ ~ ~ w ` ~_i r ~ v ~ ~ ! - Q ' ~ y ~ ~ .i;/ ~ ~ ~ ~ EASEMENT ~ ~ ~ ~ ~ ~ yam: f ~ r 51 r ~ ~ ~ ~ BOOK 3281, PAG 40 J~ ~.v~. ~ ~ ~ . ~ ~ <k ~ ~ ~ ~ r ~ O: ~ A i 25 FT PERtAIEIE'R ~ ~ Ih~! ` ~ ~ , ~ a c o : ~ v;~. ~ W ~ ~ W ~ 61 ~ ~ ac ,``;~30FiDE ~ . ~ _ , , ~ i ~ ' BUFFER ~ ~ S 0 ~ ~ `~w~\ ~ ~ ~1 ~ ~ ~ p ~ ~ A~ ,A r ~ ~I -i f 50 , L ~ ~ ~ ~ , PROP, 5 FT s~ • 9~p . ~3~"Ffi`D~ ~ r 40 t ~ ~ ~ ~ I .5Fi ~ i ~ - ` S1DEM'ALK 94 ~ ~ ~ ~ r I BSS, - ~y ~ ~ r I t 1 ' i DEW ~ ~a \ ~ 1 ~ __J i l30 FT DE ~ ~ I i I 1 : r ~ ~ r - I V ~ ~ a I 1 .`'k ~ ,30-~~r 5 fT ~i OI° 5 FT ` 1 49 63 ~ - ~ ~ ~ S7UElYALK j i ~0~ ~ 1 ~ ~ ~y,,, i i SK1J:lYALK ; ~ ~ \ . ~ i - ? ~ \ I ~ - ~ ~ r 35 + 38 t ' 34 36 37 i ~ ~ ~ o ~ i 44 45 46 47 48 64 i ~~i ~ ~ I ~ ~ r i ~ ~ i m ~ ~ ~ e-,~ A`I'D .1` ~ I ~ ~i ~ Y ~ a~ ~ IMPAC AREA I I j 4385 SE 0.10 A~ ~ ` ~ - - MBt ~ ~ Q ~ 65 ~ ; . ~ ~ ~ I x W ~ _ ~ EXISTING BOUNDARY ~ ~ ° _ . _ + J,Z_i- ~ - - - - ~ f ~ 66 ~ c CENTERLINE OF RIGHT OF WAY - ~ ~ , - _ . . . . . ~~ii i`~ ~T k~ ~~,i ~ ~ _ - ;i ~ ~ j ~ r 1 _ , 5 i u~ ~ % i ~ _ _ W i I-i ~ ~ r R ~ ~ ~ ~ A~ / ( ~ - g ~C~ 6 ~ ~ _ 2i CONTOUR LINE & ELEt/ATION ~ ~o ~ ~ ~ ~ , ~ ~ ~ 68 < ~ G~ DRAINAGE FLOW _ IYPAC AREA ~ 76 75 74 73 ' ~ X675 SF 0.06 AC. ~ 74 73 72 71 70 69 ~ o' a ~ ~ 25 FT PERIMETER ~ ~ ~ ~ UTILITY z~' i ~ ~ ~ BUFFER UTILITY ~ g 1 ExrsnNG SANITARY PROP, WAU(M1G , SEWER & MANHOLE I I 1RAIL - - ''6 PROW wAWNG , - - - - - iRA9. n• - - ~ - M yr ~f~ i 1 ~(vhO o EXfS1/NC WATERLINE - -25~[_P~,R1pEkR_ _ - ~r ~!i ~I . _ _ z EXISTING /PROPOSED STORM - - - _ - - - - - - - - - - - - - - - _ - - _ - - - - - _ _ --PRI SEWER & CATCH BASIN 5 1 _ - - --------18 OF_NgJIr~IG1ON -PROS-qA'-11~-lMLIpNGTON ~ - _ 5 Fi 51DEWALK .CULVERT 5 f7 SIDEWALK > - - - w E.LP. EXIST. IRON PIPE I ® WATER METER SERwCE CONNECTION ~ e DATE.• 9-73-06 ' - I EC.M. EXIST. CONCRETE MONUMENT . J I I ~U HORZ. SCALE.' 1 100' TOTAL WFRANDS AREA FOR NORTH TRACT = 619.050 SF (14,21 AC.) T HANDICAP RAMP TOTAL IMPACTS FOR NORTH TRACT = 11.251 SF (0.26 AC.) DRAWN 8Y.• JSL 40.0 TOTAL WETLANDS PRESERVED IN NORTH TRACT = 601.199 SF (1395 AC.) z EX ELEV. & OESCRIP77ON CHECKED BY.- HSR ~L AC77VE OPEN SPACE PROJECT NO.: 04-0011 PASSIVE OPEN SPACE 1 2 Sheet No, Of _ WETLAND PRESERVq DON AREA