20061523 Ver 1_COMPLETE FILE_20060919

O?O? W A T F9pG
C nin r

Michael I-, Easley, Governor
WiMani 0 Ross Jr , Secretary
North Carolina Department of Emwironmcnt and Natural Resources
December 13, 2006
Mr. John Pierce
TRDJT Inc.
PO Box 1685
Jacksonville, NC 28540
Subject Property
Sunnv Point Subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pierce:
Alan W. Klimek, P E. Director
I)Ivision of Water Quality
DWQ Project # 20061523
OnSIOW County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within 0.47 acres of wetlands and temporarily impact 0.31 acres of wetlands 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 on October 16 and November 7, 2006. After reviewing your
application, it has been determined that the impacts are covered by General Water Quality Certification
Number 3402 (GC3402). The Certification allows you to use Nationwide Permit 39 when issued by the
US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 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 211 .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 incidentaI impacts:
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
404 Wetlands/Permanent 0.47 (acres) Permanent A, B, C, and D
404 Wetlands/Ten orar 0.31 (acres) Temp orar A, B, C, D, and E
Buffers N/A (square ft.)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: w_ww ncwatmlual;_.org NorthCaro/l/in
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper Naturally
TRDJT Inc.
Page 2 of 4
December 13. 2006
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
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. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hitP.-//h2o.enr.stale.11c us_/,cu/I orn?s Documenis.hon.
TRDJT Inc.
Page 3 of '4
December 13, 2006
6. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands
present as depicted on the jurisdictional determination map approved by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on
each lot until the lot is sold.
7. Temporary Wetland Impacts
All temporarily impacted wetlands must be restored to original grade and elevation. Annual
native species suitable for wet locations shall be planted and established within jurisdictional
wetlands for soil and erosion control. Perennials such as fescue are prohibited.
8. 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.
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 910-796-7379.
Sincerely,
Alan W. Klimek, P.E.
AW K/n m l
Enclosures: GC 3402
Certificate of Completion
cc: Angie Pennock, Southern Environmental Group Inc.
Brad Shaver, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office, File Copy
Janet Russell, DLR Wilmington Regional Office
Stephen Rynas, DCM Morehead City
Central Files Filename: 061523.dec06

Project Number: !20051523 Version: 1 Status: ;lesued LastActlonDesc::ProjectIssued
'Project Name: 'Village at the Park Apartments 'Project Type: IResidenllal Subdivision
ProjeclDesc: muRifamilyresldential complex
'Owner: Schlosser, Scott Details...
'Received From: (Applicant COE ID: •Prlmary County:
DOT TIP: j •Admin Region: Raleigh
+
Received Dt: 08!0912005 Reviewer: mike horan
IssuedDt: 10810912005
` 'SecondaryCouny___,?
Statutory Dt: 110/08/2005
CAMA NEPA I SEPA Recelved Dt
DCM Office: I : SW Plan Received Dt.
COE OMce: (sleigh Regulatory Field Office; ' SW Plan Approved Dt: Public Notice Published Dt: !
Last Updated By: laurle,dennison SW Plan Location: Public Notice Received Dt:
Last Updated On: 08!1112005 Sewage Disposal: P.N. Comment Period Ends Dt:

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Triage Check List
Date: 10/17/06
Project Name: Sunny Point SD
DWQ#: 06-1523
County: Onslow
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 10/16/06 to 12/14/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks !
5outkern Environmental Group, Inc.
5515 South College Koad, juite E_ • Wilmington, Nortk Carolina 28+12
910.452.271 1 • F:ax: 910.452.2899
October 13, 2006
www.segi.us
Mr. Ian McMillan
Division of Water Quality
NC Division of Environment and Natural Resources
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Sunny Point Subdivision Permit Plan Revision
South of Catherine Lake, Onslow County
Dear Mr. McMillan:

[SEGi Project 405-002.01]
The project plan for Mr. John Pierce's proposed impacts to approximately 0.47 acres of
jurisdictional wetlands to install four road crossings and temporary impacts to 0.31 acre has
changed since our submittal package dated September 14, 2006 was completed. The applicant
has changed the structure of one of the road crossings to allow connectivity between wetland
areas.
The change is the proposed installation of a culvert pipe under the road crossing at Permanent
Impact Area C. This does not change the overall impact area. Please see the attached project
plans and updated PCN impacts page.
Please substitute the attached plans for the overall site plans, cross-sectional drawing for
Temporary Impact Area C, and pages 4-5 of the original PCN. Please feel free to contact me if
you should have any questions or comments. Thank you in advance for your prompt attention to
this matter.
Sincerely,
a+ ptuwdc,
Angie Pennock
Senior Consultant
[e-mail]
Enclosures: Revised Project Plans and Cross-sectional Drawings
Revised Pages 4-5 of the PCN
5outkern Environmental Cjrou , Inc.
Environmental, Development & Conservation Advisors
Transmittal Skeet ?- -2
[)ate: Qcto6er 1 3, 2006
To: Mr. Ian McMillan
Of: NCDWQ.
CC: File
Re: Revision Information - rCN for 5unn9 roint 5ukdivi,5ion
? Urgent X? Foryour review/ records ? rlease comment
Comments):
? Please reply/ call ? Complete and return
Please find attached the additional information for the Sunny roint subdivision application. If you have any
questions or comments, please give me a call at 452.271 1.
Hope you are having a wonderFul day!
Sincerely,
Angie rennock
5E-6I
5515 S College Road Suite r-
Wilmington, North Carolina 2841 2
W W W. sego. u s
? g ?,pah
s?
*40
From the desk of:
Angie Pennock
910-15 Z-Z71 I (office)
910.452.2899 (fax)
910. (mobile)
[e-mail]
NOTICE
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
?? .*a
V.
VI.

Future Project Plans
? F
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this project
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:
Impact Area A: Excavation necessary for installation of 18-inch culvert Fill
necessary to cover culvert and complete proposed roadway.
Impact Area B: Excavation necessary for incorporation of 24-inch culvert Fill
necessary to cover culvert and complete proposed roadway.
Impact Area C: Excavation necessary for incorporation of 18-inch culvert Fill
necessary to cover culvert and complete proposed roadway.
Impact Area D: Excavation necessary for incorporation of 18-inch culvert and
headwalls. Fill necessary to cover the end of the culvert and complete the proposed
roadway.
Temporary Impact Area A• Excavation and return to grade for the installation of
utility lines.
Temporary Impact Area B• Excavation and return to grade for the installation of
utility lines.
Temporary Impact Area C• Excavation and return to grade for the installation of
utility lines.
Temporary Impact Area D• Excavation and return to grade for the installation of
utility lines in pond fringe, bore under open water ofpond.
Temporary Impact Area E• Excavation and return to grade for the installation of
utility lines.
The applicant may choose to bore all utility lines that are not in roadway shoulder
fills.
F@?0WLE-Mo
O C T 1 6 2006
Page 4 of 10 UENR - WATIR QUALITY
WmANM AND /TORMVIMTER BRABGI
.? w
2. Individually list wetland impacts below:
Wetland Impact 1
Site Number Type of Impact*
indicate on ma
A Excavation/Fill
B Fvnovoflnn/Fill
C
D
Temp. A
Area of Located within
Impact 100-year Floodplain**
(acres) - es/no __
-
0.13 No
0.14 No
Distance to
Nearest Stream Type of Wetland***
> 1 mile Wet Flat
>1 mile Wet Flat
r,xcavanonirlu 0.17 No >1 mile wet Flat
Fill 0.03 No >1 mile Pond Fringe
Excavation/
Restore to 0.09 No >1 mile Wet Flat
Grade
Excavation/
Temp. B Restore to 0.06 No >1 mile Wet Flat
Grade
Bore under
Temp. C pond/excavation 0.06 No >1 mile Wet Flat
of fringe
Excavation/ - -
Temp. D Restore to 0.01 No >1 mile Wet Flat
Grade
Excavation/
Temp. E Restore to 0.09 No >1 mile Wet Flat
Grade
* 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: 17.65 acres
Total area of wetland impact proposed: Permanent: 0.47 acre: Temporary: 0.31 acre
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
ndicate on ma linear feet Before Impact lease speci

-1
* 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.
Page 5 of 10
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SHEET 3 I = AREA OF TEMPORARY IMPACT I1
I I I ? SHEET
SHEET 2
SHEET 2
SHEET 1
= AREA OF IMPACT AREA
WETLANDS IMPACT AREA
IMPACT AREA "A" = 0.13 ACRES (5,825.00 SQ.FT.)
IMPACT AREA "B" = 0.14 ACRES (6,002.39 SQ.FT.)
IMPACT AREA "C" = 0.17 ACRES (7,022.77 SQ.FT.)
IMPACT AREA "D" = 0.03 ACRES (1,222.43 SQ.FT.)

N IF
1
JAMES W
LIKENS, JR.
I
D.B.631, P.G,275

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TEMPORARY IMPACT AREA "A"= 0.09 ACRES (4,015.34 SQ.FT.) I x
RILEY .572, P.GGORE703
DB
TEMPORARY IMPACT AREA "B"= O.D6 ACRES (2.994.96 SQ.FT.)
m?NI
TEMPOARAY IMPACT AREA "C"- 0.06 ACRES (2,664.88 SQ.FT.)

TEMPORARY IMPACT AREA "D"- 0.01

ACRES (481.05 SQ.FT.)
N
I
N/P

TEMPORRAY IMPACT AREA "E"= 0.09
s
ACRES (3,843.52 SQ.FT.) I
1
m.Im JOHN J. W VI
L .G%CH
P
LINE TABLE
LINE BEARING LENGTH
L1 4 ' 3&45
L2 56.34
L3 1 46.85
L4 51 ' 19.92
L 4' 60.67
4 21.41
L7 S70'45' 62.56
LB N84 53.03
L9 S1511' 1.67
L10 N7 31.15
1-11 4.49
L12 S33W 44 5.63
L13 14 81.36
L14 S76 44 61.43
L15 N43W'00'E 53.24
L16 SB5 3 10.88
L17 2 E 27.84
L18 519U1'02'E 10.44
1-19
L20 S7937 Ot'W
S76 D2 10,81
66.93
L21 N48D504 43.15
L22 I 4 ' 36.29
L23 14337452 6.70
L24 143374 5 W 6.70
$ N'?
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LARRY ADAMS
D.B,580, P.0.232
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EIS
APPROX. LOCATION OF
N
H
W
D.B.11
N 87'15'56' W
2.50'1
12" WATER MAIN 9< 1 1
? 31,421.51 Sq.Ft
I EIP / IIL'"I 0.72 Acm _
I 1 1? _ -20' MBL-
7r1
' -'2C' MBL
I Inv.-70 l
CONSERVATION A1?EA
IMPACT AREA "A" , y y
0.13 ACRES WETLANDS
5,825.00 SO. FT- v 1.34 ACRES
•
tt 192.62 SQ•F'T
,v y
W ' w 09 21427.46 bW-r f.
ix\
BT 4 ?S s?\ P a,
\, sJe ae? 40?
1 0.50 ACRES
121,821.41 SO-FT- Q y
d p?
II1IPACT AREA D 4
0. 1 ACRES / ^ F
48 .05 SQ.FT. /
4 / ® c
31,341.08 sgfL
M G 1ePLANCHE '? 1\ 0.72 aaa
.391. P.a3W
1 /.
N/F 1
*WNETH G. DePLANCHE ?/
D.B.455. P.a240 d 6A
SIS U.18 acr

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W W
= W
N
MEET 4
d X19, ?
12.Z%76 IL
0 N, 21 A
9XIMM Rti
am 2 .6 77 tL
`c! v 0.57 acres
TCH END
sit a / 19?
/ 13,23&83 sq.fL
/q 0.35 acres
/
18 NOTES:
1. THESE LOTS ARE NOT LOCATED IN A 100-
10,307.59 sq.fL YEAR FLOOD PLAIN AS SHOWN ON FEMA MAP
0.24 acre, 370340-0175C, DATED JULY 1987 & PROPOSED
FEMA MAP 3720432800J, NO EFFECTIVE DATE
2. ROADWAY IMPROVEMENTS MAY BE REQUIRED BY NCDOT.
3. AN 8' HIGH OPAQUE FENCE INSTALLED NO CLOSER THAN
3' FROM THE PROPERTY LINE NTH EVERGREEN PLANTINGS
BETWEEN THE FENCE OR PROPERTY LINE
INIo IU Irtt tlWl Ur MY KNVMYI
--Sk 1 uu r RATIO OF 12RECICI
S"r.'
'. ( L-2U9`?
%vQ??SUF?4C?-
L. Pi
TRACT DATA
tx?,cri
ZONE: R-8M
PARCEL ID: 47-27 & 47-28
TOTAL ACREAGE: 49.15 ACRES
NUMBER OF LOTS: 37
SMALLEST LOT: 12 (15,173.48 SQ.FT.)
AVERAGE LOT SIZE: 37,055.63 SQ.FT
STREETS: PUBLIC
WATER SUPPLY: ONSLOW COUNTY
SEWER TYPE: ONSLOW COUNTY HEALTH DE T.
(INDIVIDUAL SEPTIC SYSTEMS)
wlr
w
W 4
4
SHEET fi
\ 2
SHEET 5 IV w V 1.0r acr
I T ?, - ?, , y y
` 43,122.59 Sq.Ft I M ° N f 8,245.18 sq.fL \ y y
0.94 Acres y 1.84 acres 0 ? ' y `/ y OFF SITE SEPTIC
f/ y
in 'b y e, y y y o (LOT 194)
2 y -V a y IV
1 h ' 1 S 7238 N
?'1 Y3B.81' i f Y6L 28 w0 y
D WETLANDS
p n
0' " v -V r y y
i ??. OFF STE SEPTIC I m f 29 n 50,8353 sq fL (LOT 4) / H ? y y
1.17 acres V
41 . 4 I s f X0.93 acres w a0 / y?'" w y y' g y y y y y y
37,857.79 Sq.Ft ' by f ...e.. *. IV
w Elp a67 Aare f y b y y IV y CONSERVATION AREA, y
y y y y y y
MPACT AREA'B' I z 0- P. IMP?{?T"A" y y y y y
0.14 ACRES QQ,,??9 ACRES Z N 7'47'25"-W 678.03'(TOTAL) y y y y y y y
6,002.39 SO.FT 015.34 .FT 47&56 y y
•i"j 229.05 y y 31& y , y
y y
J. MORTON I ?9' y S. 10 ES y y y y •V y y
y y y y Inv -ft y e CONSERVATION AREA y y
117, P.0.1o1 y/ f 30 _ a y y :v
?O
4 •?.W N y 15.14 ALuRES
IV
IV
y Q P f 1&060.75 *ft. ; y y 659,831.37 FT y .31 y y
n y
y 0.41 we* 31 ?, ??? y y y y y y
? y k f b' ,?? \ y y ?F y
AC5 V 0 I `?QnS?fL y y y y y
y ?P 0 0, ?S V y y g y
?? /' 32 y y y
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SUNNY POINT PROPERTY OF:
SUNNY POINT DR.
TRDJT INC.
RICHLANDS TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA
)0 JOHN L. PIERCE & ASSOCIATES, P.A. SHEET NO.
LAND SURVEYING - LAND PLANNING - MAPPING
409 JOHNSON BLVD. - JACKSONV=, N.C. - 28540 DISK
Phone [phone] - Fax [phone] FILENAME
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Triage Check List
Date: 9/22/06
Project Name: Sunny Point SD
DWQ#: 06-1523
County: Onslow
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 9/19/06 to 11/17/06
From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
5outkern Environmental Group, nc:
Environmental, Development & Conservation Advisors
Transmittal 51-iect
Date: `jeptem6er 14, 2006
To: Mr. Ian McMillan
O{: NCDWQ,
CC: File
Re: FCN for funny Point ju6division
? Urgent X? Foryour review/ records
Comment(s):
r? r J ii 1
? Please comment ? Please reply/ call ? Complete and return
Please find attached a FCN for the funny Point 5u6division. If you have any questions or comments, please
give me a call at 452.27 1 1.
Hope you are having a wonderful day!
jincerely,
OPAWOC?
Angie Pennock
5E-61
5515 5• College Road juite E
Wilmington, North Carolina 28412
www.segi.us
From the desk of:
Angie Pennock
910.45 2.271 1(office)
910.452.2899 (fax)
91 o. (mobile)
[e-mail]
NOTICE -
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
V6
?r
5outkern Environmcrital Group, inc.
5315 South College Road, `juite E. • Wilmington, North Carolina 28+12
910.452.2711 • Fax: [phone] [e-mail]
www.segi.us
September 14, 2006
Mr. Ian McMillan
Division of Water Quality
NC Division of Environment and Natural Resources
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Sunny Point Subdivision [SEGi Project #05-002.01]
South of Catherine Lake, Onslow County
Dear Mr. McMillan:
Our firm has been retained by Mr. John Pierce to pursue a Nationwide Permit Number 39 to
impact approximately 0.047 acres of jurisdictional wetlands to install four road crossings and
temporary impacts to 0.31 acre associated with the installation of utility lines, New Hanover
County, North Carolina.
The impacts can be summarized as follows:
Wetland Impact Type of Impact
Site Number
A Excavation/Fill
B Excavation/Fill
C Excavation/Fill
D Fill
Temp. A Excavation/
Restore to Grade
Temp. B Excavation/
Restore to Grade
Temp. C 1 Bore under pond/excavation of
fringe
Temp. D Excavation/
Restore to Grade
Area of Impact (acres)
0.13
0.14
0.17
0.03
0.09
0.06
0.06
0.01
SEGO
Temp. E
Excavation/
Restore to Grade
0.09
Permanent 0.47 acre
Temporary 0.31 acre
Total impact area
The proposed wetland impacts are necessary for the construction of roadways and the installation
of utility lines.
At this time we are requesting your review and approval of the attached permit application.
Please feel free to contact me if you should have any questions or comments. Thank you in
advance for your prompt attention to this matter.
Sincerely,
oj-.A? ps)J?C?--
Angie Pennock
Senior Consultant
Enclosures: NWP 39 Permit Application and Pertinent Attachments
Office Use Only:
USACE Action ID No.
Form Version May 2002
DWQ No. _
Of any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
II.

Check all of the approval(s) requested for this project:
X? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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
1. Owner/Applicant Information D R @ L?'F -x WY
Name: TRDJT Inc.
Mailing Address: PO Box 1685 SFP 1 9 ?,006
O Jacksonville. NC 28540
WETIAKrr'Y NDsro vdaih HRANCH
Telephone Number: 910.346.9800 Fax Number: Not Applicable
E-mail Address: Not Applicable
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: Angie Pennock
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 S. College Rd.
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: angieAsegims
Page 1 of 10
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: Sunny Point Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): 433801285853 & 433801186309
4. Location
County: Onslow (Coun1y No 67) Nearest Town: Richlands
Subdivision name (include phase/lot number): Sunny Point Subdivision
Directions to site (include road numbers, landmarks, etc.):
Follow US-17 N out of Wilmington. Follow for about 45 miles. Turn slightly left onto
US-258 N/ NC-24 W. Follow for about 6 miles, then turn left onto NC-111. Follow for
about 3 miles, then turn left onto Fire Tower Road. The property is located just south
of the intersection of NCSR 1211 (Fire Tower Road) and NCSR 1204 (Murrell Brown
Road), south of Catherine Lake.
5. Site coordinates, if available (UTM or Lat/Long): 34.8100°N 77.5640°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): 49.15 acres (2.140.974 square feet)
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Southwest
Creek
8. River Basin: White Oak (03030001- New)
(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/.)
Page 2 of 10
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 site is heavily vegetated and wooded, with no improvements made to the land. The
surrounding land is currently utilized for agricultural (north and west) and residential,
single family homes south and east), purposes.
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to construct a subdivision of 37 single family homes and
attendant features using heayy equipment. The subdivision will include appropriate
infrastructure including roadways for access to all homes and utilities. The proposed
wetland fill includes 20,072.59 ± square feet (0.47 acre) for the construction of four
road crossings (permanent fill). In addition, there would be 13,999.75 (0.31 acre) for
five utility line crossings (temporary fill). Temporary pacts do not constitute a loss
of waters of the US. Utility corridors, sewer areas, fire hydrants and roadways will be
put into service to meet the needs of future residents. Heayy equipment that would be
used to complete this project includes back hoes and bull dozers. The machinery will
be used to clear the land, establish grade, and install utility lines.
11. Explain the purpose of the proposed work:
The proposed filling of the wetland areas is necessary for the construction of four road
crossings and the installation of utility lines. All homes will be constructed on high
ground. The road crossings are necessary to reach the home sites.
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 # 200500579 (Notification of Jurisdictional Determination), signed on
March 21, 2005
Page 3 of 10
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Impact Area A: Excavation necessary for installation of 18-inch culvert. Fill
necessary to cover culvert and complete proposed roadway.
Impact Area B: Excavation necessary for incorporation of 24-inch culvert. Fill
necessary to cover culvert and complete proposed roadway.
Impact Area C: Fill necessary to complete proposed roadway.
Impact Area D: Excavation necessary for incorporation of 18-inch culvert. Fill
necessary to cover culvert and complete proposed roadway.
Temporary Impact Area A: Excavation and return to grade for the installation of
utility lines.
Temporary Impact Area B: Excavation and return to grade for the installation of
utili , lines.
Temporary Impact Area C: Excavation and return to grade for the installation of
utility lines.
Temporary Impact Area D: Excavation and return to grade for the installation of
utility lines in pond fringe, bore under open water of pond.
Temporary Impact Area E: Excavation and return to grade for the installation of
utility lines.
The applicant may choose to bore all utility lines that are not in roadway shoulder
fills.
Page 4 of 10
2. Individually list wetland impacts below:
Wetland Impact Area of
Site Number Type of Impact* Impact
(indicate on map) - (acres)
A Excavation/Fill 0.13
B Excavation/Fill 0.14
C Excavation/Fill 0.17
D Fill 0.03
Located within
100-year Floodplain**
(yes/no)
No
No
No
No
Distance to
Nearest Stream Type of Wetland***
(linear feed
> 1 mile Wet Flat
>1 mile Wet Flat
>1 mile Wet Flat
>1 mile Pond Fringe
Excavation/
Temp. A Restore to 0.09 No >1 mile Wet Flat
Grade_
Excavation/ - -
Temp. B Restore to 0.06 No >1 mile Wet Flat
Grade
Bore under
Temp. C pond/excavation 0.06 No >I mile Wet Flat
of fringe
Excavation/
Temp. D Restore to 0.01 No >1 mile Wet Flat
Grade
Excavation/ - - - -
Temp. E Restore to 0.09 No >1 mile Wet Flat
Grade
* 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 htty://www.fema.zov.
*** 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: 17.65 acres
Total area of wetland impact proposed: Permanent: 0.47 acre: Temporary: 0.31 acre
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) - linear feet) Before Fact leasespecify)
* 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
Page 5 of 10
www.usgs.gTov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.corn,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
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 Area of Name of R
Site Number Type of Impact* Impact (if appli
indicate on ma acres
List each impact separately and identify temporary impacts. Impacts include,
flooding, drainage, bulkheads, etc.
VII.
aterbody Type of Waterbody
cable) (lake, pond, estuary, sound,
ba ocean, etc.)
but are not limited to: fill, excavation, dredging,
5. Pond Creation Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Wetland impacts were avoided to the greatest extent practicable throughout the
development of the proposed subdivision. Wetland fill is proposed for portions of the
roadway where no route through uplands is available The design places the road
crossings perpendicular to the wetlands they cross and at the narrowest points practicable
In addition, proposed roadways shall be built not to exceed the minimum DOT standard
width. All impacts will be within local setbacks and consistent with zoning regulations
All impacts will also be in accordance with state stormwater regulations
Page 6 of 10
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 January 15, 2002, 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 NCEEP 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/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to preserve the remaining wetlands on site The preferred
mechanism for preservation at this site is restrictive covenants A copy of the proposed
covenants are attached as Attachment C As preservation does not meet the
Presidential Directive of "no net loss," the applicant proposes to also make payment to
the North Carolina Ecosystem Enhancement Program at a ratio of 1.1 for permanent
wetland losses.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 7 of 10
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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):0.47 acre. Please see
Attachment E for the NCEEP acceptance letter.
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 [phone] 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 SERA 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:
Page 8 of 10
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 feet) Mitigation
1 3
2 I 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The proposed impervious surface acreage will be within state and local thresholds for
impervious surface per acre of land. Proposed impervious surfaces include homes (roofs),
driveways, and roadways. Please reference the attached stormwater application
(Attachment D).
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.
Individual septic systems will be used with approval from the Onslow County Health
Department. The applicant has proposed septic fields on the southeast side and northeast
corner of the subdivision for lots that did not have soils appropriate for septic. Please see
the attached impact map (Attachment B) for the location of the septic fields.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes O No
Page 9 of 10
Is this an after-the-fact permit application?
Yes O No OX
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).
C,U V J
ApplicanVAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
Attachment A
Agent Authorization Letter
Property Information
Maps
Pictures
i4,u JUMN t lLNUt bL"&YUR PAGE 01
11??y?xnn? x5,45 9184522899
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PAQE 02/02
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11
Outkern F nvironmental Group, Environmenizl? Deve6pment, and Conservation AJvisors
W%V-5051.us
a lbq- -T?e rc e--
G49-4i0K-« N•-)
Environmental Group, Inc.,
hereby grant
(5E-G11 the ri-9?t to MPrasent
;,mrA era regarCling ernrirorlmental consulting
(C64
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Co y/Countice, No4 Carolina,
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Maps & Info
47-28 433801186309
TRDJT INC 244 FIRE TOWER RD 04/12/2004 2227 114
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Maps & Parcel PIN Owner Pro a Assessed Sale Sale House Sq Deed IMPR
Info Number Name Address Value Price Date .
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Maps & Info 47-27 433801285853
TRDJT INC FIRE TOWER RD 04/12/2004 2227 114
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Page 1 of 1
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Attachment B
Plan Drawings including Conservation Areas
Cross Sections
Guide for Assembling Impact Sheets
Sheet 3 Sheet 6 Sheet 9
Sheet 2 Sheet 5 Sheet 8
Sheet 1 Sheet 4 Sheet 7
SHEET 1
LEGEND
EIP -
EXISTING IRON PIPE
SIP - SET IRON PIPE
EIS - EXISTING IRON STAKE
M.B. = MAP BOOK
P.G. - PAGE
D.B. - DEED BOOK
R/W = RIGHT-OF-WAY
N/F = NOW OR FORMERLY
D&U.E. = DRAINAGE do UTILITY EASEMENT
ST = SITE TRIANGLE (10'X70')
I I N
ARNOLD DtNMELLS
I DI UM P.&600
I
I I
/
II
I I ? D.8.391,
1 N
I
I /
/
a?
I ?
U
I I
I ?I
C G 1 ? "'
F-
W
Z
N
SHEET 2
® = AREA OF IMPACT AREA
WETLANDS IMPACT AREA
IMAPCT AREA "A" = 0.13 ACRES (5,825.00 SQ.FT.)
IMPACT AREA "B" = 0.14 ACRES (6,002.39 SQ.FT.)
IMPACT AREA "C" = 0.17 ACRES (7,022.77 SQ.FT.)
IMPACT AREA "D" - 0.03 ACRES (1,222.43 SQ.FT.)
Q amT goluw
? I
r?
I I NLI
JAMES W. LIKENS. JR.
018.631, P.0.275
I I ??
r
I N/F

N
H
TEMPORARY IMPACT AREA "A'= 0.09 ACRES (4,015.34 SQ.FT.) I D? WP.0.GORE703
TEMPORARY IMPACT AREA "B'= 0.06 ACRES (2.994.96 SQ.FT.) I

TEMPOARAY IMPACT AREA 'C'= 0.06 ACRES (2,664.88 SQ.FT.)

TEMPORAR)' IMPACT AREA "D'= 0.01 ACRES (481.05 SQ.FT.) A ? ;o -'

TEMPOARAY IMPACT AREA 'E'=

0.09 ACRES (3,843.52 SQ.FT.)
I ( '1 I
- S1 JOHN J. WDJCLICH
018.580, P.QW5
LINE TABLE
LIE BEAR WG LENGTH
L1 3&45-
L2 56,34
L3 GrE 46.65
L4 19.92
4' 1 60.67
LB 4 21.41
U
O?E
62.58
53.03
K 1.67
L10 31.15
L11 4.49
L12
44
m- 5.63
L13 14 61.36
L14 44'W 61.43
L15 N43W00'E 53624
L16 S5572'3TE 10.66
L17 27'E 27.84
L16 S1OVVWE 10.44
L19 S793Y01'W 10.61
L20 V-?6SF0-2wW-- 66.93
L21 N 04 43.15
L22 =*E 36.29
L23 N33R4 6.70
L24 N33724 6.70
r
?,,??"liau6 a
DENR-Yt";fir ` - -rY
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N 671558' W
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D.B.580, P.G.232
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APPROX. LOCATION OF
12' WATER MAIN
' PROPM
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. 6
31,421.51 Sqn
72 A
0
.
gee -
- -2d MBL-- - -
T _ - - -
20' MBC
SHEET 2
Match Line B
IMPACT AREA "A'
0.13 ACRES
5,825.00 SQ.FT.
bi v-w-
CONSERVATION At#'EA y
I o y WETLANDS y
N y ?
1.34 ACRES
i.19
SQ.FT.
I
M
?; ? wuAi.'? RANCH
STALE OF N.C I
D.B.256. P.G.106 N
10
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P M DEVELOPERS
D.B.M P.G.716
J I
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SHEET 3
= AREA OF TEMPORARY IMPACT I r
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DJL1884, P.G922 g "9e1 EIS Q? QPS MOW E EIS EIS D.B.1291. P.GG8705
69 S 765351' E 15616 6&4497.5e 1 L2 CHARLES G. HALL
EIS 'EIS 0.81828, P.G2W (27 % GARY T. DYERl I
1 s f .1597. P.G656 RICHARD T.
POSMETHWAITE
E E SOA 9? (?! ?i { ? j) O0l 1 3 E(?S ?e D JAY S. VOTER ?? OB• 634
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(29) GREGORY A.
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N 81y y 0. 18.31&31 sqfL (?
42 acres 67 S 74°D. E S8? vIN a LE 7 0.81337. P. 11.
IV
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$ / / x 4
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TEMP. IMPAC7C* @)
6 y y y / , .6 ACRES y V. \ r?t \ p. 23.0.53 acres sat
y O I y y 2,664.88 SQ.FT. I y / 0\ ° \e(\ 17.097.92 sq
129.768.40 4Ft y WETLANDS y / Z4 n O 70?, (?r 5.06r, 0.39 acres
N 2.98 Acres y / m q
y / 33.570.69 es ft x 23 q m ?? 3 sQFyb \ \ \ \2
r, y IMPACT AREA`" / / 53,46220 sq,Sp s ° at
0.17 *CRES OFF OT SEPTIC y 0
(LOT 24A) m \ 1.23 acres ? y?
>. / y 7,022.77 SQ.FT. a0 / J m y? SI7E SEPTICJ oz
$ .v y 'p (LOT 23A) ° 21
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w y D y ry 50.097.80 sqk 20 ?.
z ' y ,sERVAry y0, P. IMPACT '@ y S 6 y Z y 54; ?V ? DF7 SITE SEPI?IC
a .v v 0.6 ACRES • 4G- d y 3?6'4to. OfTll&TE SEPTIC (LOT 21A) 66201.79 sq ft \
??$ .v y i ??` l? I J acres
99 96 .FT. `'E? v ' ? .v (LOT 2W
1.57 OFF SITE SF3'
N. y . V Sp 0. 1 3 ?0. 26 y 1 7'07?k) Q (LOT 20A)
4 J J 26785.28 sc?ft. o* 16.624.50 sgft. \ (?'L?1 1i r .v y ^ J
J 0.66 acres r CfF 39 acres sErnc C 42 ? y y y I
_ok_ \ (LOT 25A) 59 %%V4 V
i 12+21.
1 \?V ? ?V 81, 19 t
Match Line F I ? 27 y y y 1.87 y y 0
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SHEET 7
Match Line L
PRELIMINARY SKETCH PLAN
OF
SUNNY POINT
PREPARED FOR
TRDJT INC.
RICHLANDS TOWNSHIP, ONSLOW COUNTY, NC
PREPARED BY
JOHN PIERCE & ASSOCIATES, P.A.
409 JOHNSON BLVD. JACKSONVILLE, NC 28540
PHONE: [phone] DATE: FEBRUARY 2, 2006
SCALE: 1°= 100' F.B. 740A,(562) PG. 14-24(77)
JOB # 2551082 FILE NAME: TRDJT INC (SKETCH PLAN(2FE606)
OYMER/D OP R: REVISIONS: 24 FEB 06 (SPETIC AREAS)
TRDJT INC.
O.
P. UE, NC. 28540 GRAPHIC SCALE
910-346-9800
+oo q 50 +oo zoo 4W
( IN FEET )
1 inch = 100 tL
SHEET 1 OF 9

Aft
SHEET 7
!S?1
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V.A%I/1/// /\ ., hZ"
SHEET 2
Inv.-70.
ST
w?
(38
IMPACT AREA A M ?
N IMPACT AR ?
0.13 ACRES N CROSS S C
5,825.00 SOFT.
STATI
SUNK P I4
LJ LL
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WETLANDI) AND caw ' , ,INCH
SHEET 2
71
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GRAPHIC SCALE 0+00 1+00 2+00 -7-
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( IN FEET )
1 inch = 40 tL

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SCALE : HORIZONTAL = I'= 40'
VERTICAL = I'= 4' 0 17
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- - --
-77
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SHEET 5
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1, 421.51 Sq. Ft.
0.72 Acres
_ _20' MBL-- _
741 _-
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L
A ----I - -
SUNNY POINT PROPERTY OF:
SUNNY POINT DR. TRDJT INC.
RICHLANDS TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA
JOHN L. PIERCE & ASSOCIATES, P.A. SHEET NO.
LAND SURVEYING - LAND PLANNING - MAPPING
409 JOHNSON BLVD. - JACKSONVILLE, N.C. - 28540 DISK
Phone [phone] - Fax [phone] FILENAME
DATE JULY 23, 2006 SCALE AS NOTED DRAWN SM DESIGNED BL JOB N0.
2551082

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SHEET 2

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T?s 13
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+?89
TEMPORARY IMPACT AREA "B" &
IMPACT AREA "C"
CROSS SECTION
STATION 14+50
SUNNY POINT DRIVE
I s?92,, s i
TEMP. IMPAC "Ei
0.6 ACRES- 0
2;994 96 FT.
25
28, 785.2 s . ft.

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( IN FTEP )
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Lil
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= Lij LL
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24
SHEET 6
A
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(n U
LESLIE D. SMITH 25
D.B.1291, P.G.706
x CHARLES G. HALL ?I
D. B.1828, P.G. 53
x
g5.5
S 70'52'0
77. F
59 167.0 X El
89.50
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TALL HEADWALL PER
NCD14
DETAIL PLAN /
n 7 /'1 /1 A
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SHEET 8
-IV
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SQ
? TEMPORARY IMPACT AREA C &
IMPACT AREA "D"
CROSS SECTION
= STATION 20±00
cn SUNNY POINT DRIVE
7 1
-- - -
_
--- - --- ---
77
- - -- -
-_-
-- _
-- --- --- - --
- -- - =771
-- - -
- SHEET 8
Attachment C
Proposed Restrictive Covenant Language
See Impact Maps for Conservation Areas

Prepared by and return to:
Gaylor, Edwards and Vatcher
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
DECLARATION OF RESTRICTIVE
AND PROTECTIVE COVENANTS FOR
SUNNY POINT (the "Declaration")
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this the day of June,
2006 by TRDJT, INC., a North Carolina corporation, hereinafter called "Declarant",
WITNESSETH:
THAT WHEREAS, the Declarant is the owner of the real property described in Article I of this
Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set
forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall
inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and
shall apply to and bind the successors in interest and any owner thereof.
NOW, THEREFORE, the Declarant hereby declares that the real property described in Article I hereof,
together with such additional property annexed by the Declarant as hereinafter provided, is and shall be
held, transferred, sold and conveyed subject to the protective covenants set forth below.
ARTICLE I
SUBIECT PROPERTY
The real property which is, and shall be held, transferred, sold and conveyed subject to the
protective covenants set forth in the Articles of this Declaration is located in the Township of Richlands,
County of Onslow, State of North Carolina, and is more particularly described as follows:
BEING all that property as shown on that certain map entitled, "Final Plat Showing, SUNNY POINT, dated
---------- 2006, prepared by John L. Pierce & Associates, P.A. and recorded in Map Book --, Page ---,
Slide L------, in the office of the Register of Deeds of Onslow County, North Carolina, hereinafter referred
to as the "Subdivision."
ARTICLE II
WPDOCS/ DOC/ RESTCOV/SUNNY.POINT
DEFINITIONS
Section I. Declaration shall mean the covenants, conditions, restrictions and easements and all
other provisions set forth in this entire document, as may from time to time be modified or amended.
Section 2. Declarant shall mean and refer to TRDJT, INC., a North Carolina corporation, or any
successor in title or any successor in interest of TRDJT, INC. to all of the property then owned by TRDJT,
INC., or if it is provided in writing by the Declarant that the successor in title or successor in interest is to
assume the rights and obligations of Declarant, then to any successor in title or successor in interest to any
portion of the real property then subject to this Declaration.
Section 3. Lot shall mean any separately described parcel of land, other than streets, roadways
or
areas designated as easements, shown on any recorded subdivision map of the Subdivision.
Section 4. Permit shall mean the State of North Carolina Stormwater Management Permit
number SW8 ---------- as issued and modified by the Division of Water Quality under NCAC 2H.1000, and
any subsequent modification thereto or other stormwater management permit hereafter issued for any
property annexed to the Subdivision by the Declarant.
ARTICLE III
PURPOSES
No Lot or Lots shall be put to any use other than for residential purposes, except that any Lot,
including, but not limited to a Reserved By Owner Lot, which is owned by Declarant may be used by the
Declarant for a street or roadway or off-site sanitary sewer disposal system. All Lots with the suffix "A" shall
be used solely for sanitary sewer disposal and shall be owned and conveyed together with the same numeral
parent Lot whether or not it is described in the deed of conveyance of such parent Lot.
ARTICLE III
LAND USE AND BUILDING TYPE
No building shall be used except for residential purposes. No structure shall be erected, placed,
altered, or permitted to remain on any such lot other than single family dwellings not to exceed two and
one-half stories in height, a private garage which may contain living quarters for occupancy by domestic
servants of the lot occupant only, and such other outbuildings as may be reasonably appurtenant to the
dwelling, provided that the same are constructed in line with general architectural design and construction
standards used as the dwelling itself. This covenant shall not be construed as prohibiting the use of a new
WPDOCS/DOC/RESTCOV/SUNNY.POINT
single family dwelling as a model home for sales purposes.
ARTICLE IV
DWELLING QUALITY AND SIZE
The ground floor area of the main structure, exclusive of one-story porches and garages, shall be
not less than 1,000 square feet for a one-story dwelling, nor less than 750 square feet for a dwelling of
more than one story. All exterior colors of the structure (i.e. exterior walls, window frames, soffit and
shingles) and mailbox designs must be approved by the Declarant or its assign prior to construction.
ARTICLE V
BUILDING LOCATION
No building shall be located on any comer lot nearer to the front line or any side street line than as
shown on the recorded plat of the Subdivision. No building shall be located with respect to interior side lot
lines so as to be nearer than 8 feet to either such line. No dwelling shall be located on any interior lot nearer
to the front lot line than as shown on the recorded plat nor nearer than 10 feet to the rear lot line, and no
garage or other permitted access or building shall be located nearer than 10 feet to the rear lot line For the
purposes of this covenant, eaves, steps, open porches, and carports shall not be considered as part of a
building provided, however, that this shall not be construed to permit any portion of a building on a lot to
encroach upon another lot. An error of not more than 10 percent in the location of a building on the lot with
respect to the minimum set back lines shall not be considered a violation of this covenant.
ARTICLE VI
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.
ARTICLE VII
EASEMENTS
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown
on the recorded plat and over the rear ten feet of each lot. Within these easements, no structure, planting or
other materials shall be placed or permitted to remain which may damage or interfere with the installation
and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in
the easements. The easement area of each lot and all improvements in it shall be maintained continuously
WPDOCS/DOC / RESTCOV/SUNNY.POINT
by the owner of the lot, except for those improvements for which a public authority or utility company is
responsible.
The Declarant reserves for itself, its successors and assigns, an easement and right at any time in the
future to grant a right of way under, over and along the side, rear and front property lines of each and every
lot in the subdivision described herein, for the installation and maintenance of poles, lines, conduits, pipes,
and other equipment necessary to or useful for furnishing electric power, gas, telephone service, drainage
or other utilities including water and sewer services.
ARTICLE VIII
LIVESTOCK AND POULTRY
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs,
cats or other household pets may be kept provided that they are not kept, bred or maintained for
commercial purposes. Any and all pets shall not be allowed on the premises unless same are under the
direct control of the owner at all times and are not creating a nuisance to the other owners within the
property.
ARTICLE IX
BUILDING PLANS AND SPECIFICATIONS
No dwelling or other building shall be erected upon any lot unless the plans and specification
thereof meet or exceed the requirements of "minimum property standards for one and two living units".
(FHA. No.300), Federal Housing Administration.
ARTICLE X
ERECTION OF FENCES
Fences, not to exceed six (6) feet in height, may be constructed between the front of the primary
dwelling and the back lot line. No fence shall be erected between the front of the primary dwelling and the
street right of way unless such fence shall be of an ornamental nature. Brick and split-rail shall be deemed
to meet the requirements of this restriction.
ARTICLE XI
GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste
shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean and sanitary condition.
WPDOCS/DOC/RESTCOV/SUNNY. POINT

ARTICLE XII
SIGHT DISTANCE AT INTERSECTION
No fences, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6
feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area
formed by the street property lines and a line connecting them at points 25 feet from the intersection of the
street lines, or in the case of a rounded property corner, from the intersection of the street property lines
extended. The same sight line limitations shall apply upon any lot within 10 feet from the intersection of a
street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain
within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent
obstruction of such sight lines.
ARTICLE XIII
TEMPORARY STRUCTURES
No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other
outbuilding temporarily or permanently. No trailer, mobile home, camper or line vehicle shall be parked on
any lot at any time for any purpose nor shall any vehicle be allowed to remain on any lot at any time for any
purposes unless it is parked behind the main dwelling structure or placed inside the carport or garage.
ARTICLE XIV
DRAINAGE
All driveways shall have drainage the in the street ditches installed and sized in accordance with the
N.C. State Highway recommendations.
ARTICLE XV
MISCELLANEOUS RESTRICTIONS
(A) No boat or boat trailer shall be parked in the area between the front of the dwelling situated on
any
lot and the street right of way.
(B) No portable basketball goals shall be permitted on any lot or within the right of way adjacent to
such lot.
(C) No trampoline(s) shall be permitted in the area between the front of the dwelling situated on any
WPDOCS/DOC/RESTCOV/SUNNY.POINT
lot and the street right of way.
(D) Pets shall not be restrained by any chains, ropes or other leash type device anchored or fastened
to a temporarily or permanently immovable object or structure.
ARTICLE XVI
STORMWATER MANAGEMENT
(A) The following covenants and restrictions set forth in this Article XVI are intended to insure
continued compliance with State Stormwater Management Permit Number SW8 ------- as issued by the
Division of Water Quality, under NCAC 2H.1000.
(B) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
(C) The covenants set forth in this Article XVI pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of North Carolina, Division of Water Quality.
(D) Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
(E) The maximum allowable built-upon area ("BUA") per lot is 9,059 square feet BUA. This allotted
amount includes any built-upon area constructed within the Lot property boundaries, and that portion of
the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking or the water surface of swimming pools.
(F) In case of a Lot within CAMA's regulated Area of Environmental Concern, if built-upon area
("BUA") for that Lot, as calculated by CAMA, is less than the amount shown in these restrictions, the most
restrictive BUA will be the maximum permitted limit for that Lot.
(G) Filling in or piping of any vegetative conveyances (such as ditches, swales, etc.) associated with
the development, except for the minimum amount necessary under driveways to provide access to lots and
the minimum amount necessary to direct runoff beneath an impervious surface such as a road, is strictly
prohibited by any person.
(H) Each Lot will maintain a thirty (30) foot wide vegetated buffer between all impervious areas and
surface waters.
(1) All roof drains shall terminate at least thirty (30) feet from the mean high water mark of surface
waters
0) Built upon area in excess of the permitted amount requires a state stormwater permit
W P ROCS / DOC / R ESTCO V/ S U N NY. PO I NT
modification prior to construction.
(K) These covenants are to run with the land and be binding on all persons and parties claiming
under them.
All permitted runoff from future development of the Property shall be directed into the permitted
stormwater control system. These connections to the stormwater control system shall be performed in a
manner that maintains the integrity and performance of the stormwater control system as permitted.
Declarant and the State of North Carolina and their respective successors and assigns, reserve and
retain the right to go upon any Lot to inspect for the compliance of such Lot with the Permit and to
maintain, repair, replace and construct ditches and devices necessary to insure that such Lot is in
compliance with the Permit.
ARTICLE XVII
RESERVATION OF EASEMENTS AND RIGHTS BY DECLARANT
Declarant hereby reserves for itself, its successors and assigns, for any purposes it
deems useful to its development of the Subdivision, the development of other property now owned, or
which may be owned in the future by Declarant, or the development of other property to which Declarant
may grant the benefit of such easements, those easements shown on any recorded map of the Subdivision,
or subsequently annexed property, and the following additional easements and rights:
a. A perpetual easement for ingress, egress, regress, access, the installation
and maintenance of utilities, further subdivision, and the right to dedicate to public use, over, under and
upon all streets and drainage and utility easements shown on any recorded map of the Subdivision or lying
within the Subdivision and the water and sewer easements lying within the Subdivision;
b. The right to grant easements for the purposes of ingress, egress, regress,
access, the installation, use and maintenance of utilities and further subdivision, over, under and upon (i)
all streets shown on any recorded map of the Subdivision and (ii) the drainage and utility easements and
easements for the water and sewer systems located within the Subdivision, to any property outside the
Subdivision to which Declarant deems the grant of such easements desirable, whether or not the property
to which the easements are granted is owned by Declarant;
C. A perpetual easement over, under and upon all streets and drainage and
utility easements shown on any recorded map of the Subdivision for the purpose of establishing,
constructing and maintaining any underground utility, conduits and wires for telephone, electric power
WPDOCS/ DOC /RESTCOV/SUNNY.POINT
and other purposes and of laying, installing and maintaining facilities for sewage, potable and non-
potable water, gas, storm drainage and other utilities therein. This reservation shall not be construed as
an obligation of Declarant to provide or maintain any such activity or services;
d. A perpetual access easement over, under and upon the Lots to trim, cut
and remove any trees and brush necessary for the installation, operation and maintenance of utility
lines, gas, water and sewer mains and other services for the convenience of the property owners and
appurtenances thereto;
e. A perpetual and exclusive easement for the installation and maintenance
of radio and television transmission cables within the rights-of-way and easement areas reserved and
defined above.
ARTICLE XVIII
OWNER'S MAINTENANCE OBLIGATIONS AND RIGHT OF
DECLARANT TO PERFORM CERTAIN MAINTENANCE
a. On each Lot, the rights-of-way and easement areas reserved by Declarant
or dedicated to public utilities purposes shall be maintained continuously by the Lot owner and no
structure, plantings or other material shall be placed or permitted to remain, or other activities
undertaken which may damage or interfere with the installation or maintenance of utilities, or which
may change the direction of the flow of water through drainage channels in the easements, or which
damage or interfere with established slope ratios or which create erosion problems. It is provided,
however, that where the existing location of an easement or drainage channel reserved in this
Declaration or shown on any recorded map of the Subdivision would hinder the orderly development of
the Lot on which the easement is located, the easement or drainage channel may be relocated by
Declarant. Improvements within such areas also shall be maintained by the Lot owner except for those
for which a public authority
or utility is responsible.
b. In the event the owner of any Lot shall fail to maintain the Lot and/or the
improvements situated thereon in a manner in keeping with this Declaration, in addition to any other
rights set forth herein or provided by law, the Declarant shall have the right, but not the obligation,
through their
WPDOCS/ DOC / RESTCOV /SUNNY. POINT
agents and employees, to enter upon said Lot and clear, clean, repair, maintain and restore the Lot, the
exterior of any building and any other improvements erected thereon. There is included in the authority
herein granted the power to clear Lots of undergrowth, rubbish, debris, weeds or grass. In the event the
owner of any Lot shall damage or through negligent failure to act allow damage to occur to any Stormwater
Management Facilities located on said owner's Lot or fail to comply with all applicable North Carolina
Sedimentation and Erosion Control Permits, in addition to any other rights set forth herein or provided by
law, the Declarant shall have the right, but not the obligation, through their agents and employees, to enter
upon said Lot and clear, clean, repair, maintain and restore the Stormwater Management Facilities and to
bring the Lot into compliance with the applicable North Carolina Sedimentation and Erosion Control
Permits. There is included in the authority herein granted the power to clear Lots of undergrowth, rubbish,
debris, weeds or grass.
The costs of the maintenance or repair authorized by this Article shall be considered the
legal obligation of the Lot owner. The Declarant may maintain an action in court having jurisdiction for
such costs, together with all collection costs, including reasonable attorney's fees, and expenses incurred
in pursuing such action. The costs shall not constitute a lien on said Lot unless and until the final
judgment of such court shall be entered in the office of the Clerk of Court of Onslow County. Any such
lien obtained shall be subordinate to any first deed of trust.
ARTICLE XX
MAINTENANCE OF CONSERVATION AREAS
The areas shown on the plat entitled, "Final Plat Showing, SUNNY POINT, dated ---------- 2006, prepared
by john L. Pierce & Associates, P.A. and recorded in Map Book --, Page ---, Slide L------, in the office of
the Register of Deeds of Onslow County, North Carolina", 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
WPDOCS/DOC/ RESTCOV/SUNNY.POINT
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.
ARTICLE XXI
COMPLIANCE WITH DEPARTMENT OF TRANSPORATION TRAFFIC MAINTENANCE STANDARDS
Driveway headwalls, fences, mailboxes, newspaper delivery boxes, basketball goals or other roadside
obstructions, constructed or placed within the right of way of any street as shown on the recorded plat of
the subdivision in a location or out of materials determined to be a traffic safety hazard by the North
Carolina Department of Transportation or the Declarant, shall not be permitted. It shall be the duty of the
Owner of any Lot to remove such obstruction, at the Owner's sole expense, within thirty (30) days following
written notification of such objection by the North Carolina Department of Transportation or Declarant.
ARTICLE XXII
STREET LIGHTING AGREEMENT
The Declarant reserves the right to subject the real property in this subdivision to a contract with an electric
utility company for the installation of underground electric cables and/or the installation of street lighting,
and/or entrance sign lighting, either or all of which may require an initial payment and/or a continuing
monthly payment to an electric company by the owner of each dwelling.
ARTICLE XXIII
ENFORCEMENT
The Declarant (whether or not the Declarant is the owner of any Lot), any Lot owner and any party to whose
benefit this Declaration inures, including but not limited to the State of North Carolina or its assignees with
WPDOCS/ DOC/ RESTCOV/SUNNY.POINT
respect to the Stormwater Management Permit, may proceed at law and in equity to prevent the violation or
attempted violation of any term, covenant or provision of this Declaration, either to restrain violation or to
recover damages for such violation and the court in any such action may award the successful party said
party's reasonable expenses and costs in prosecuting such action, including reasonable attorney's fees
ARTICLE XXIV
MODIFICATION
These restrictions are subject to being altered, modified, canceled or changed at any time as to said
Subdivision as a whole, or as to any subdivided lot or part thereof, by written document executed by the
Declarant or its successors in title and by the owners of not less than sixty percent (60%) of the subdivided
lots of the Subdivision to which these restrictions apply, and recorded in the Office of the Register of Deeds
of Onslow County, North Carolina. If the Declarant owns sixty (60% ) percent or more of the subdivided lots,
the Declarant may alter or amend these covenants without the consent of any other owner. Provided,
however, notwithstanding any provisions set forth in this Declaration to the contrary, the restrictions set
forth in Article XX, Maintenance of Conservation Areas, shall not be amended without the express written
consent the U.S. Army Corps of Engineers, Wilmington District.
ARTICLE XXV
TERM
These Covenants are to run with the land and shall be binding on all parties and all persons claiming under
them for a period of twenty-five (25) years from the date these Covenants are recorded, after which such
time such Covenants shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said
Covenants in whole or in part, with the exception of Article XVI.
ARTICLE XXVI
SEVERABILITY
Invalidation of anyone of these covenants by judgment or Court Order shall in no way affect any of the other
provisions which shall remain in full force and effect.
WPDOCS/ DOC/RESTCOV/SUNNY.POINT
IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed by its President, with
authority duly given by its board of directors, the day and year first above written.
TRDjT, INC., a North Carolina corporation
By:
President
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
The undersigned, a Notary Public in and for said County and State, does hereby certify that BETTY
BULLOCK personally came before me this day and acknowledged that she is President of TRDJT, INC.,
a North Carolina corporation, and that by authority duly given and as the act of the Association, the
foregoing instrument was signed in its name by him/her as its President.
Witness my hand and official stamp or seal, this ------- day of dune, 2006.
Notary Public
Printed Name:
My Commission Expires:
W PDOCS / DOC / R ESTCO V /SUNNY. POINT
Attachment D
Stormwater Management Permit Application
OFFICE USE ONLY
Date Received Fee Paid Permit : utn er
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This brm mar he photocopied for use as an original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual., etc. who owns the project):
TRDJT. Inc
2. Print O«nzer/Signing Official's name and title (person legally responsible for facility and compliance):
Betty Bullock, President
3. Mailing Address for person listed in item 2 above:
P.O. Box 16&5
City: Jaeksonvi 1 _ State: NC Zip:.- ?S5/. ,l
Telephone Number: ( 910 ) ?dh_ggnn
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Sunny Point
5. Location of Project (street address):
NCSR 1211 -Fire Tower Road
City: Richlands Township
County: Onslow
6. Directions to project (from nearest major urterseetion):
From intersection of NC 24 and US 17 in Jacksonville, west on NC 24 approx. 6.3 miles to NCSR 1001, left on
NCSR 1001 approx. 2.9 miles to NCSR 1211, left on NCSR 1211 approximately 0.6 miles.
7. Latitude: 34° 48'35" Longitude: 77° 33' 38"
S. Contact person who can answer questions about the project:
Natne: David K. Newsom, PE (Crystal Coast Engineering, PA) Telephone Number
11. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal
of project
910 'i325-0006
Modification
Fonn SWU-101 Version 3.99 Pate I of'4
2. If this application is being submitted as the result of a renewal or modification to an existing permit. list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
X Low Density High Density Redevelop General Permit Other
4, Additional Project Requirements (check applicable blanks):
_C'AIvIA Major X Sedimentation ;Erosion Control X 404%401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Low Density
2. Stormwater runoff from this project drains to the White Oak (New River) River basin.
3. Total Project Area: 49.15 acres 4. Project Built Upon Area: 30.00 v„
?. How many drainage areas does the project have'? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information Drainage Area 1 Drainage Area 2
Receiving Strewn Name UT Southwest Creek
Receiving Stream Class C:NSW
Drainage Area 49.14 ac
Existing Impervious* Area -0-
Proposed Impervious*Area 642,315 sf (14.75 ac)
% Impervious* Area (total) 30%
Impervious* Surface Area Drainage Area I Drainage Area 2
(n-site Buildings 37 @ 15,297sf = 566,014 sf
On-site Streets 76,301 sf
On-site Parking -0-
On-site Sidewalks 0
Other on-site 0
Off-site
-0-
Total: 642,315 sf Total:
Impervious area is defined as the built upon area including. hw nor limited to, huddings. roads, parking areas,
sidewalks, ( zravel areas. erc.
Form SWU-101 Version 3.99 Page 2 of 4
How was the off-site impervious area listed above derived? n/a
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance tivith state stormwater management permit number
us issued by the Division of lVater Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than 15,298 sf square feet of anY lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include brood
decking or the water surface of swimming pools.
?. Swules shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4 Built-upon area in excess of the permitted amount requires a state stormwater management permit modirication prior to
construction.
All permitted runoff from outparcels or future development shall be directed into the permitted stornnvuter control
system. These connections to the stormwater control system shall be performed in o manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above., that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below- must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initia s
• Original and one copy of the Stormwater Management Permit Application Form ac
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including: ??hlLl,
- Development/Project name
- Engineer and firm
-Legend
- North arrow
Scale
Revision number & date
Mean high water line
Dimensioned property/project boundarv
Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads. drainage features, collection systems. and stormwater control measures
Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
Drainage areas delineated
Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or fu-in): Crystal Coast Engineering, PA
Mailing Address: 3817-3 Freedom Way
City: Hubert
State: NC zip; 28539
Phone: [ 910 j 325-0006 Fax: ( 910 325-0060
VIII. APPLICANT'S CERTIFICATION
I, (print or type name o(person listed in General Injormation, item 2) ___ Rum y_ Bu'llock,.PreSldent------ _____ .
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 21-1.10.00- 1-1\.
Signature:
Date:
Form SV-U-101 Version 3.99 Page 4 of 4
Permit No.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(to be provided by DWQ)
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through 1007.
1. PROJECT INFORMATION
Project Name: Sunny Point
Contact Person: David K. Newsom, PE
Number of Lots: 37 lots
Phone Number: ( 910 ) 325-0006
Allowable Built Upon Area Per Lot*: 15,297 sf
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2
(SA x DF - RA - OA ` BUA
No, Lots Lot
Calculation:
= ((2,141,051 sf x 0.30) - 76,301 sf - 0 sf ) / 37
= 15,297.7 sf/lot (round down to 15,297 so
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
AppI'ca is Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
[G41/ c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H.1007(2)(b)]
Form SWU-104 Rev -.99 Page 2 of 2
Stormwater Treatment &
Erosion Control Narrative
Sunny Point
TRDJT, Inc proposes to construct a 37 lot residential subdivision on a 49.15 acre tract
located on NCSR 1211 (Fire Tower Road) approximately 0.6 miles south of its intersection
with NCSR 1001 in Richlands Township, Onslow County. The site is currently undeveloped
(wooded).
The project site drains to an unnamed tributary of Southwest Creek (C:NSW) in the Cape
Fear Basin. The site contains an appreciable quantity of Sect. 404 wetlands.
The project is proposed as Low Density (30% impervious). The project will incorporate
"strip" pavement (no curb and gutter) with roadside swales.
Site topography is flat to gently sloping (0 - 5%) generally toward the westerly boundary of
the tract. Soils in the areas to be disturbed are loamy sand/sandy loam.
Attachment E
NCEEP Acceptance Letter
N-
1IT, tem PROGRAM
September 1, 2006
Angie Pennock
Southern Environmental Group, Inc.
5315 S. College Rd, Suite E
Wilmington, NC 28412
Project: Sunny Point Subdivision County: Onslow
ECEOVED
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 White Oak CU 03030001
Wetland-Riparian ac - Stream-Warm ft -
Wetland-Non-Riparian ac 0.47 Stream-Cool ft -
Coastal Marsh ac - Stream-Cold ft -
Buffer-Zone 1 s ft -
Buffer-Zone 2 s ft -
Upon receipt of payment, NCEEP will take responsibility for providing the compensatory mitigation for the permitted
impacts up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 up to a 3:1 ratio and Zone 2 up to 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 David Robinson at [phone].
Sincerely,
. Gilmore,
PE
W rctor
cc: Cyndi Karoly, Wetlands/401 Unit
Brad Shaver, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
File
RP?StO!'iHg... P .. Prot" Ours .Stag

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Attachment F
Jurisdictional Determination Tearsheet
ARMY CORPS OF ENGINELicS
p D WILMINGTON DISTRICT
Action Id. 200500579 County: Onslow U.S.G.S. Quad: Catherine Lake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: TRDJT, Inc. Agent: John Pierce Surveying
Address: 205 Firetower Road John Pierce
Richlands, NC 28574 409 Johnson Blvd.
Jacksonville, NC 28540
Telephone No.: 910-455-3889 910-346-9800
Property description:
v?-doa .o(
Size (acres) 46.17 Nearest Town Catherine Lake
Nearest Waterway Southwest Creek River Basin White Oak
USGS HUC 03020302 Coordinates N 34 48.60 W 77 33.55
Location description The property is located iust south of the intersection of NCSR 1211 and NCSR 1204 (Murrell
Brown Rd) south of Catherine Lake Onslow County
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 3/21/2005. 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 Morehead City at 252-808-2808 to determine their
requirements.
Page 1 of 2
- vkcti,5n ID: 200500579
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 Brad Shaver at 910-251-4611.
Basis For Determination: The subiect area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and is adiacent to an unnamed tributary of Southwest Creek, a navigable water of the US.
Remarks: The site was verified on March 17, 2005.
Corps Regulatory Official: I
Date 3/21/2005 Expiration Date 3/21/2010
Corps Regulatory Official (Initial): 'ftf
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
cc: Southern Environmental Group, Inc.
c/o David Scibetta
5315 College Road Suite E
Wilmington, NC 28412
Page 2 of 2