20090791 Ver 1_401 Application_20090709

S.A.M.P.S.O.N. and Company
Marine Construction And Environmental Consulting Services
125 Hunters Trail West, Elizabeth City, North Carolina, 27909 USA
Tel: [phone] - Fax: [phone]
permitsasampsonmarine.com www.sampsonmarine.com
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09-0 79 1 $1 rA
C t??OdL? D
July 9, 2009
JUL 2 0 2009
NC DWQ, 401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC, 27699-1650
DENR - WATER QUALITY
WETLANDS AND STORMIWATER BRANCH
Re: D.B. City Marina/T. Erie Haste, Jr.; request for a
Nationwide Permit #39 for wetland fill at 340 Camden
Causeway, Camden County
Dear Sirs:
S.A.M.P.S.O.N. and Company has been retained by Mr. Doug Burton to make application for a
Nationwide #39 wetland fill Permit. Please find enclosed the completed Pre-Construction
Notification Form, and supporting documentation for this project.
Mr. Doug Burton, the proprietor of the marina business at this location, has had a significant
portion of his business area eliminated by the widening of US Highway 158. The owner of the
property, T. Erie Haste, Jr. has verbally authorized Mr. Burton to pursue a resolution to this loss
of business area by seeking a permit for fill of an equivalent area of the adjacent wetlands on the
property in order to keep the marina business viable.
The written agency and responsible party documents are now being obtained, and will be
forwarded to you under separate cover.
If the Corps determines that mitigation is required for this project, the owner is prepared to
execute either a restrictive covenant agreement or a conservation easement to protect the
remaining wetlands on this site. Both proposed documents are enclosed, along with a drawing
depicting the proposed covenant/easement area.
Due to the immediate and ongoing negative impact to Mr. Burton's business that results from the
highway widening project, we request that you process this permit application as expeditiously
as possible. If you have any questions, or find that additional information is required, please
contact me by telephone or email. If I am not in the office, you may reach me on my cellular
phone at: 252 548 4292.
A,1$4,

it:
Thank you for your kind attention and consideration in this matter.
Sincerely,
Ted Sana?son
Encl: Five (5) copies of
1) Agency Form (Burton to S.A.M.P.S.O.N. and Company)
2) PCN for Nationwide #39
3) USGS Map depicting development
4) Drawing 09-61002-001 Plan View
5) Drawing 09-61002-002 Plan View Conservation Easement/Restriction
6) Soil Map
7) Routine Wetland Determination Data Forms WLDP1-WLDP5
8) Proposed Conservation Declaration
9) Proposed Conservation Easement
Agency Form For Permit Applications
I, Doug Burton, owner of the property located at:
320 Camden Causeway US Highway 158
Currituck County,
do hereby authorize: S.A.M.P.S.O.N. and Company, and its agents
to act as my agent for the purpose of obtaining any needed environmental Permits,
including NC Coastal Area Management Act permits, NC Dredge and Fill Act permits,
NC DENR permits, US Army Corps of Engineers permits, and/or any local, or county
building and environmental permits, that may be needed for the proposed development at
the above-indicated property, which entails:
Placement of fill material within 404 Wetlands and the development of a boatramp and
access roadway.
This includes authorization to act on my behalf, and take all actions necessary for the
processing, issuance and acceptance of any US Army Corps of Engineers permit or
certification, and any and all standard and special conditions attached thereto. This
agency authorization is limited to the specific activities described above, and will expire
on:
June 10, 2010
(Property Owner Information)
By signature below, I/we certify the information submitted in this application is true and
accurate to the best of our knowledge:
(signature)
ignature)
Dou Burton
(printed name of owner)
320 Camden Causeway
(Mailing Address)
(Title: officer of corp. owner or trustee)
June 10, 2009
(date)
Elizabeth City, NC 27909
(City, State, Zip Code)
252 338 2886
(Telephone Number)
09-0 79 1
FROG
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing AL AA
c P5 In
____
1 a. Type(s) of approval sought from the
7
Corps:
®Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
® Yes ? No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ®Yes ? No
2. Project Information
2a. Name of project: DB City Marina Fill
2b. County: Camden
in,
2c. Nearest municipality /town:
UU
Elizabeth City
2d. Subdivision name: N/A a09
2e. NCDOT only, T.I.P. or state
project no: DENR • WATER OUALITy
WEUNDSANDgTpRyATER MMU
3. Owner Information
3a. Name(s) on Recorded Deed: T. Erie Haste, Jr.
3b. Deed Book and Page No. 76-456
3c. Responsible Party (for LLC if
applicable): Doug Burton
3d. Street address: 340 Camden Causeway, US Highway 158
3e. City, state, zip: Elizabeth City, NC 27909
3f. Telephone no.: 252 338 2886
3g. Fax no.: 252 338 001 1
3h. Email address: [e-mail]
Page 1 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Business Owner, Responsible Party
4b. Name: Doug Burton
4c. Business name
(if applicable): DB City Marina
4d. Street address: 320 Camden Causeway
4e. City, state, zip: Elizabeth City, NC 27909
4f. Telephone no.: 252 338 2886
4g. Fax no.: 252 338 001 1
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Theodore J. Sampson
5b. Business name
(if applicable): S.A.M.P.S.O.N. and Company, Inc.
5c. Street address: 125 Hunters Trail West
5d. City, state, zip: Elizabeth City, NC 27909
5e. Telephone no.: 252 331 2447
5f. Fax no.: 866 793 4261
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): PIN: 028924005056580000
1 b. Site coordinates (in decimal degrees): Latitude: 36.302491 ° Longitude: - 76.197415°
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 2.119 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Pasquotank River
2b. Water Quality Classification of nearest receiving water: C; SW
2c. River basin: Pasquotank
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The property conditions combine Commercial, Retail, Marine (1.01.01.04) and non-tidal marsh. This land surrounds a
channel coming in from the Pasquotank River, and has been used for decades as the business site of DB City Marina, a
business that sells and services boats and marine equipment, and provides launch and recovery capability for small to
medium size boats. It has been developed with 2 buildings that serve as workshops, parts storage, offices, and sales
area. Additional development has provided wooden and concrete docks and piers, a concrete boatramp, and areas of
impervious surface (concrete and compacted gravel) where boats are launched/recovered, parked and maneuvered. US
Highway 158 abuts this property immediately to the south. All lots surrounding this lot are undeveloped and are primarily
wetlands, with some limited amounts of upland. The surrounding lots support lowland and swamp forest vegetation, and
have been generally classified as palustrine scrub/shrub wetlands. Nearest development to the east is commercial
business property used to provide professional offices and construction equipment parking. Nearest development to the
west, and south of Highway 158 is residential waterfront property.
3b. List the total estimated acreage of all existing wetlands on the property:
1.32
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
316
3d. Explain the purpose of the proposed project:
The widening of US Highway 158 to provide 4 lanes of traffic instead of 2, is taking away a major portion of the area that
DB City Marina utilized for the storage, manuevering, launch and retrieval of boats. The purpose of this project is to
compensate for that loss of area, so that the business can continue to function, by filling in adjoining wetland areas.
3e. Describe the overall project in detail, including the type of equipment to be used:
This permit application seeks authorization to fill 13,140 sq. ft. of wetland area to offset the loss of 13,192 sq. ft. of usable
business uplands that are resulting from the widening of US Highway 158. This fill is necessary for the current business to
remain viable. The wetland areas selected for fill are those that adjoin existing upland impervious surface areas. One
parcel designated for fill is located to the west of existing buildings, and totals 3488 sq. ft. The second parcel designated
for fill is located to the east and north of the existing boatramp, and totals 7392 sq. ft. This second parcel has been
designed to remain clear of the 30-ft Coastal Shoreline AEC and all NC defined Coastal Wetlands. The third parcel
desingated for fill is along the northern boundary of the existing boat basin, and lies wholly within the 30-ft Coastal
Shoreline AEC and is 2767 sq. ft. in size. This third parcel and would require a NC CAMA permit authorizing the
development of a new boatramp and access road. Given the pressure from NC DOT to remove the current inventory of
boats that are presently stored within the area to be occupied by the highway expansion area, the fill to be authorized by
this Nationwide permit would initially only be used for fill of the first 2 of the above described areas. The third, above
described area, would only be filled under authorization of this Nationwide permit at such time as a NC CAMA permit had
been obtained authorizing the development of the proposed water-dependent structures. This project will be carried out
by the installation of silt fence waterward of all proposed fill areas prior to commencing any fill activities. Clean fill material
will be brought in by dump trucks, and will consist of a sand/clay mixture. A surface layer of gravel will be placed within
the specific fill area designated in the drawings to accommodate the anticipated heavy use by vehicles, and for accessing
the proposed boatramp. Sufficient material will be brought in to bring the level of the proposed fill areas up to that of the
existing and adjoining upland grade. Ensuring that fill material does not migrate into other wetland areas will be
accomplished in one of two ways. Either a slope, not greater than 3:1 will be established and vegetated at the extreme
end of the wetland fill, or a retaining wall will be constructed using vinyl sheetpile. This work will be accomplished by use
of a small excavator with a vibratory hammer.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / El Yes ® No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 4 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
All of this requested fill is needed as soon as possible to allow DB City Marina to continue functioning as a business.
However, given the amount of time that may be required to obtain a CAMA major permit in support of the proposed
development, including fill within CAMA Areas of Environmental Concern, the first phase of the project will be to establish
the fill authorized by this Nationwide Permit only in the areas outside of CAMA jurisdiction (approximately 80% of the
requested fill). In the second phase of this project, the remaining 20% of the requested fill would be placed only after
receiving the necessary CAMA permit in support of the requested development.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ®P ? T fill Non-tidal ? Yes ® Corps 0.30
Freshwater Marsh ® No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.30
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g•
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
?INT ?DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 0.0
3i. Comments:
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.0
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total 0.0
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required.
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
63 ? P ? T ? Yes
? No
6h. Total buffer impacts 0.0
6i. Comments:
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
In the design of this project the premise was followed to seek no area of fill beyond the area that was being lost to the
widening of the adjoining highway. In that the existing upland of this property has been fully utilized in the operation of the
business for many years now, there remains no upland that could be used to offset the loss of area from the widening of the
road. It has only been possible to consider reducing the area needed for operations by a minimal amount, in that reducing the
area available for boat inventory (both new and used) has a direct impact on business revenue and viability. The widening of
the highway will take away 13,192 sq. ft. of upland area that was being utilized for this business. This application seeks
authorization for 13,140 sq. ft. of wetland fill, 52 sq. ft. less than that which is being lost to the highway. In that fill under this
Nationwide permit, up to the maximum of 1/2 acre, could be justified to facilitate an expansion in business activity, by seeking
only 13,140 sq. ft. of fill, wetland impacts have been minimized, and impacts to an additional 8640 sq. ft. have been avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction measures to minimize potential impacts will be through the utilization of silt fencing during construction to prevent
the unintentional migration of fill material into the surrounding wetlands, and also the construction of a 3:1 vegetated slope at
the wetland extent of the fill (or alternatively the construction of a vinyl retention wall) to preclude the potential over the long
term for migration of filled material into the surrounding wetlands. Silt fence will be left in place unitl the retaining wall is
complete and/or the vegetated slope has become well rooted.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this ? Payment to in-lieu fee program
project?
® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Proposed mitigation would involve the execution of either Restrictive Covenants or a Conservation Easement, filed with
the Register of Deeds for Camden County. The amount of undisturbed wetlands that would remain on this property, after
completing the proposed fill, would be 1.02 acres. Even with a 3:1 mitigation requirement, the amount of remaining
wetlands would be sufficient to meet the mitigation requirement. Proposed Restrictive Covenants or Conservation
Easement are included with Permit application. The Conservation Covenant/Easement would be onsite. A plan view of
the wetlands to be protected is included with the Permit application.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required: 0.0
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diff use Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 42.3%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is redevelopment where there is no
net increase in BUA, and equal storm-water controls are being used compared to what existed. In addition, this is non-
residential development that will add <10,000 sq. ft. of BUA. Existing impervious surface available for commercial activity
equals 36,174 sq. ft. On the reduced area available for commercial activity, resulting from the highway enlargement
taking away 13,192 sq. ft. of area, all impervious surface, existing and proposed, will total only 32,531 sq. ft., a reduction
of 3,643 sq. ft. of impervious surface. Only 9649 sq. ft of new impervious surface are being proposed. No drainage areas
generating runoff discharge to a single point.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
® Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This is a one-time needed adjustment by the applicant to a loss of business area that is resulting from a widening of the
adjacent highway, and the proposed development does not establish any basis for future similar development requests.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
No wastewater will be generated from the proposed project.
Page 11 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
? Yes ®No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act [] Yes ® No
impacts?

5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
http://www.fws.gov/nc-es/es/countyfr.html was checked for Camden County, NC
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh-coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://www. hpo.ncdcr.gov/facts/Camden.htm; http://www. hpo. ncdcr.gov/nrlist.htm
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? FEZYes ? No
8b. If yes, explain how project meets FEMA requirements: The areas for proposed fill will not raise the elevation by more than
1 foot; Camden County allows fill to raise elevation by up to 2 feet.
8c. What source(s) did you use to make the floodplain determination?
http://www.ncfloodmaps.com/pubdocs/Pasquotank/Camden_Comm_Rec.pdf; contact with Camden County Permit
Officer.
Theodore J. Sampson 07/02/2009

Applicant/Agent's Printed Name Appli t/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 12 of 12
PCN Form - Version 13 December 10, 2008 Version
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: DB City Marina Fill Date: 05/28/09
Applicant/Owner: Doug Burton/T. Erie Haste. Jr. County: Camden
Investigator: Ted Sampson State: NC
Do Normal Circumstances exist on the site?

Is the site significantly disturbed (Atypical Situation)?
Is the area a potential Problem Area?
(If needed explain on the reverse.) Yes No Community ID:

Yes No Transect ID:
Yes No Plot ID: Non-Tidal Fresh-
Water Marsh

WLDP 1
VEGETATION
Dominant Plat Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Cynodon dactylon PIG FACU 9.
2. Aristida stricta PNG FAC-
- 10.
3. Ranunculus fascicularis PNF
FA C- 11.
4. Boltonia diff usa PNF FAC 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). <5%
Remarks:
HYDROLOGY
Recorded Date (Describe in Remarks)
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water (in.)
Depth to Free Water in Pit: (in.)
Depth of Saturated Soil: 10 (in,)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Water Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Udorthents, Loamy
Taxonomy (Subgroup):
Drainage Class: Well Drained
Field Observations: Sloped, rais evation
Confirm Mapped Type: Yes No
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions
Inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Remarks:
-------------------------------------------------------------------------------------------------------------------------------------------------------
WETLAND DETERMINATION
Hydrophytic Vegetation Present? RNo ircle) (Circle)
Wetland Hydrology Present? Yea
Hydric Soils Present? Is this Sampling Point within a Wetland? Yes No
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: DB City Marina Fill Date:
Applicant/Owner: Doug Burton/T. Erie Haste, Jr. County:
Investigator: Ted Sampson State: 05/28/09
Camden
NC

Do Normal Circumstances exist on the site? Yes No Community ID: Non-Tidal Fresh-
Water Marsh
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: WLDP 2
(If needed explain on the reverse.)
VEGETATION
Dominant Plat Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum NT FAC 9.
2. Viburnum prunifolium NST FACU 10.
3. Toxicodendron radicans NWVS_ FAC 11.
4. 12.
5.
- ?. 13.
6. 14.
7. _
? 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). >50%
Remarks:
HYDROLOGY
Recorded Date (Describe in Remarks)
Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water _ (in.)
Depth to Free Water in Pit: (in.)
Depth of Saturated Soil: 8 (in.)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Water Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Udorthents, Loamy
Taxonomy (Subgroup):
Drainage Class: Well Drained
Field Observations: Raised elev
Confirm Mapped Type: Yes No
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions
Inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present?
Hydric Soils Present? No Is this Sampling Point within a Wetland? Yes No
0
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: _ DB City Marina Fill Date: 05/28/09
Applicant/Owner: Doug Burton/T. Erie Haste Jr. County: Camden
Investigator: Ted Sampson State: NC
Do Normal Circumstances exist on the site? Yes No Community ID: Non-Tidal Fresh-
Water Marsh
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: WLDP 3
(If needed explain on the reverse.)
VEGETATION
Dominant Plat Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum NT FAC 9.
2. Typha latifolia PNEF OBL 10.
3. Toxicodendron radicans NWVS FAC 11.
4. Juncus effusus PNEGL FACW+ 12.
5. 13.
6. _ 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-).
Remarks:
HYDROLOGY
Recorded Date (Describe in Remarks)
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water _ (in.)
Depth to Free Water in Pit: (in.)
Depth of Saturated Soil: 2 (in.)
100%
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Water Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Udorthents, Loamy
Taxonomy (Subgroup):
Drainage Class: Well Drained
Field Observations: Low, soft grqwtq
Confirm Mapped Type: Yes No
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions
Inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic streaking in Sandy Soils
X Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
------------------------------------------ -------------------------------------------------------------------------------------------------------------
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? No Is this Sampling Point within a Wetland? Yes No
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: DB City Marina Fill Date: 05/28/09
Applicant/Owner: Doug Burton/T. Erie Haste Jr. County: Camden
Investigator: Ted Samp son State: NC
Do Normal Circumstances exist on the site? Ye8 No Community ID: Non-Tidal Fresh-
Water Marsh
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: WLDP 4
(If needed explain on the reverse.)
VEGETATION
Dominant Plat Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Myrica cerifera NST FAC+ 9.
2. Typha latifolia PNEF OBL 10.
3. Salix nigra NT OBL 11.
4. Peltandra virginica PNEF BL 12.
5. Iris virginica PNF
J OBL 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or F AC (excluding FAC-). 100%
Remarks:
HYDROLOGY
Recorded Date (Describe in Remarks)
Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
No Recorded Data Available
Wetland Hydrology Indicators:
Primary Indicators:
X Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Water Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Field Observations:
Depth of Surface Water (in.)
Depth to Free Water in Pit: (in.)
Depth of Saturated Soil: 0 (in.)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Dorovan muck
Taxonomy (Subgroup):
Drainage Class: Frequently flooded
Field Observations: Inundated or soft ground
Confirm Mapped Type: Yes No
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions
Inches Horizon (Munsell Moist Munsell Moist Abundance/Contrast Structure, etc.
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
X-._ Aquic Moisture Regime
Reducing Concitions
Gleyed or Low-Chrcma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic streaking in Sandy Soils
X Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? No
(Circle)
Is this Sampling Point within a Wetland? Yes No
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: DB Cif Marina Fill Date: 05/28/09
Applicant/Owner: Doug Burton/T. Erie Haste Jr. County: Camden
Investigator: _ Ted Sampson State: NC

Do Normal Circumstances exist on the site? Yee No Community ID: Non-Tidal Fresh-
Water Marsh
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: WLDP 5
(If needed explain on the reverse.)
VEGETATION
Dominant Plat Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Cynodon dactYon P___IG FACU 9.
2. Aristida stricta PING FAC- 10.
3. Ranunculus fascicularis PNF FAC- 11.
4. 12.
5. _ 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-).
Remarks:
<5%
HYDROLOGY
Recorded Date (Describe in Remarks)
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water (in.)
Depth to Free Water in Pit: _ (in.)
Depth of Saturated Soil: 14 (in.)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Water Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:

SOILS
Map Unit Name
(Series and Phase): Dorovan muck
Taxonomy (Subgroup):
Drainage Class: Frequently flooded
Field Observations: Sloped, rais evation
Confirm Mapped Type: Yes No
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions
Inches Horizon (Munsell Moist) (Munsell Mois,1 Abundance/Contrast Structure, etc.
Hydric Soil Indicators:
H istosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic streaking in Sandy Soils
Aquic Moisture Regime X Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: Appears to be a soil brought in during road or building construction, and not the Dorovan muck.
-------------------------------------------------------------------------------------------------------------------------------------------------------
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ircle)
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
(Circle)
Is this Sampling Point within a Wetland? Yes No
Remarks:
r?
STATE OF NORTH CAROLINA, CAMDEN COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and RESTRICTIONS
("DB City Marina Mitigation") is made on this 30th day of June, 2009, by T. Erie Haste, Jr. ("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property, situated, lying and being in Camden
County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property");
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian resources and other natural
values of the Property, and prevent the use or development of the Property for any purpose or in any manner that
would conflict with the maintenance of the Property in its natural condition. The preservation of the Property in its
natural condition is a condition of Department of the Army permit Action ID issued by the Wilmington
District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States
authorized by that permit, and this Conservation Declaration may therefore be enforced by the United States of
America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the Property shall be held and
subject to the following restrictions, covenants and conditions as set out herein, to run with the subject real property
and be binding on all parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the wetlands of the Property inconsistent with the purposes of this Conservation Declaration
is prohibited. The wetlands of the Property shall be maintained in their natural, scenic, and open condition and
restricted from any development or use that would impair or interfere with the conservation purposes of this
Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the
Property or any introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement,
billboard or other advertising display, antenna, utility pole, tower, conduit, line, or any other temporary or permanent
structure or facility on or above the wetlands of the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, within the wetlands
of the property, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the wetlands of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation within the wetlands of the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
within the wetlands of the property.
G. Signage. No signs shall be permitted on or over the wetlands of the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or prescribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances,
machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground
storage tanks or other materials on the wetlands of the Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling; excavation, dredging, mining or drilling within
the wetlands of the property; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no
change in the topography of the land in any manner within the wetlands of the Property, except to restore natural
topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling,
pumping, impounding or related activities, or altering or tampering with water control structures or devices, or
disruption or alteration of the restored, enhanced, or created drainage patterns within the wetlands of the Property. In
addition, diverting or causing or permitting the diversion of surface or underground water within or out of the easement
area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited within the wetlands of the Property.
K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation
Declaration shall be transferred pursuant to a transferable development rights scheme or cluster development
arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all-terrain
vehicles, cars and trucks is prohibited within the wetlands of the Property.
M. Other Prohibitions. Any other use of, or activity on, the wetlands of the Property, which is or
may become inconsistent with the purposes of this grant, the preservation of the wetlands of the Property
substantially in their natural condition, or the protection of their environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition of authorizations issued
by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by
the United States of America. This covenant is to run with the land and shall be binding on all parties and all persons
claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter
the Property at reasonable times for the purpose of inspecting the Property to determine whether the Declarant,
Declarant's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to bring any action against
Declarant for any injury or change in the Conservation Property caused by third parties, resulting from causes beyond
the Declarant's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the Property resulting
from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the Property for any purpose
whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges that the wetlands of the Property are
currently undeveloped land, with no improvements other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is seized of the Property in
fee simple and has good right to make the herein Declaration; that there is legal access to the Property, that the
Property is free and clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that the wetlands of this Conservation Property
shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation
Declaration and supersedes all prior discussions, negotiations, understandings or agreements relating to the
Conservation Declaration. If any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely fashion in the official records
of Camden County, North Carolina, and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and represents that to the best of its
knowledge after appropriate inquiry and investigation:
(a) the Property described herein is and at all times hereafter will continue to be in full compliance with all
federal, state and local environmental laws and regulations, and
(b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated
substances (including, without limitation, any materials containing asbestos) located on, in or under the
wetlands of the Property or used in connection therewith, and that there is no environmental condition existing
on the Property that may prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
Signatures of Declarant:
T. Erie Haste, Jr.
EXHIBIT A
Identification of Property Subject to Restrictive Covenants
Property:
All of that property identified by PIN# 028924005056580000 of Camden County, reflected in Deed Book:76,
Page 456, with a physical address of 320 Camden Causeway in Camden County,
being approximately 2.36 acres, more particularly described by this reference :
Being those certain lots known and designated as Lots Nos. 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
and 29 as shown and delineated on the certain map designated as "Part of Lot No. 25 Division of Lands
Grandchildren of C. H. Robinson," which plat was prepared by David Cox, Jr., Surveyor, bearing date of
October 1953, and of record in Camden County Plat Book 2, Page 5, in the Camden County Public
Registry.
CONSERVATION EASEMENT
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this 30th day of
June, 2009 by and between T. Erie Haste, Jr., ("Grantor") and "A Conservation Organization to be
named by, and approved by the State of North Carolina "(Grantee).
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Camden
County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated
herein ("Property");
WHEREAS, Grantee is ["To be specified" either a public body of this state, an agency of the United
States, or a nonprofit corporation or trust whose purpose is the conservation of property], and is
qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of
the property in its natural state, which includes the following natural communities: a palustrine
shrub/scrub wetland and non-tidal freshwater marsh. The purpose of this Conservation Easement is
to maintain wetland and/or riparian resources and other natural values of the Property, and prevent
the use or further development of the wetlands of the Property for any purpose or in any manner that
would conflict with the maintenance of the Property in its natural condition.
WHEREAS, the preservation of the Property is a condition of Department of the Army permit Action
ID issued by the Wilmington District Corps of Engineers, required to mitigate for
unavoidable stream and/or wetland impacts authorized by that permit. Grantor and Grantee agree that
third-party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington
District, to include any successor agencies, and that these rights are in addition to, and do not limit,
the rights of enforcement under said permit.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein
and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property described on Exhibit A, together
with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the wetlands of the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The wetlands of the Property shall be preserved in their natural
condition and restricted from any development that would impair or interfere with the conservation
values of the wetlands of the Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the wetlands of the Property or any introduction of non-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or
above the wetlands of the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes within the wetlands of the Property are
prohibited.
D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the wetlands of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways within the
wetlands of the Property; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the wetlands of the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the wetlands of the
Property, signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials within the wetlands of the
Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns within the wetlands of the Property. In addition, diverting or causing or permitting
the diversion of surface or underground water into, within or out of the easement area by any means,
removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited within the wetlands of the Property.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited within the wetlands of the
Property.
M. Other Prohibitions. Any other use of, or activity within, the wetlands of the Property,
which is or may become inconsistent with the purposes of this grant, the preservation of the wetlands
of the Property substantially in their natural condition, or the protection of their environmental
systems, is prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns,
the right to continue the use of the property for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of
ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or
otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is
subject to the terms of, and shall specifically reference, this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Corps, shall have the
right to enter the wetlands of the Property at all reasonable times for the purpose of inspecting said
property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The
Grantee shall also have the right to enter and go upon the wetlands of the Property for purposes of
making scientific or educational observations and studies, and taking samples. The easement rights
granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use
of the wetlands of the Property that is inconsistent with the purposes of this Easement and to require
the restoration of such areas or features of the wetlands of the Property that may be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes
to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such
breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation
Easement by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a
temporary restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of,
all other rights and remedies available to Grantee in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and
attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the
breach. The Corps shall have the same right to enforce the terms and conditions of this easement as
the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge
or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to
Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury or change in the Property resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties,
except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or
harm to the Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and
that Grantor either owns all interests in the Property which may be impaired by the granting of this
Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other
interests in the Property which have not been expressly subordinated to this Conservation Easement.
Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from
and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the
Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement
in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The
Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of
the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall
survive any merger of the fee and easement interests in the Property or any portion thereof and shall
not be amended, modified or terminated without the prior written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are
in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the
event it transfers or assigns this Conservation Easement, the organization receiving the interest will
be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue
Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will
be such that the transferee or assignee will be required to continue in perpetuity the conservation
purposes described in this document.
D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is found to be
void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force
and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or
charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that may apply to the
exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued use of the
Property for the conservation purposes, this Conservation Easement may only be extinguished, in
whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain
so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and
Grantee shall join in appropriate actions at the time of such taking to recover the full value of the
taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in
Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily
converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled
to the fair market value of this Conservation Easement. The parties stipulate that the fair market
value of this Conservation Easement shall be determined by multiplying the fair market value of the
Property unencumbered by this Conservation Easement (minus any increase in value after the date of
this grant attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation Easement) at
the time of this grant. The values at the time of this grant shall be the values used, or which would
have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h)
of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use
its share of the proceeds in a manner consistent with the purposes of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor
T. Erie Haste, Jr.
200 W. Grubb Street
Hertford, NC 27944-1143
To Grantee:
Fax:
To the Corps:
Fax:
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement,
or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the
occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance
with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in writing signed by all
parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the
conservation purposes of this grant.
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Property, and its current use and state of improvement, are described in
Appendix B, dated June 30, 2009, prepared by Grantor and acknowledged by the Grantor and
Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of
this report. It will be used by the parties to assure that any future changes in the use of the Property
will be consistent with the terms of this Conservation Easement. However, this report is not intended
to preclude the use of other evidence to establish the present condition of the Property if there is a
controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first
above written.
Signature of Grantor:
T. Erie Haste, Jr.
Signature of Grantee:
Name and Title
EXHIBIT A
Identification of Property Subject to Conservation Easement
Property:
All of that property identified by PIN# 028924005056580000 of Camden County, reflected in Deed
Book:76, Page 456, with a physical address of 320 Camden Causeway in Camden County,
being approximately 2.36 acres, more particularly described by this reference :
Being those certain lots known and designated as Lots Nos. 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, and 29 as shown and delineated on the certain map designated as "Part of Lot No.
25 Division of Lands Grandchildren of C. H. Robinson," which plat was prepared by David
Cox, Jr., Surveyor, bearing date of October 1953, and of record in Camden County Plat Book
2, Page 5, in the Camden County Public Registry.
EXHIBIT B
Present Condition of Property
Condition of Property:
The property conditions combine Commercial, Retail, Marine (1.01.01.04) and non-tidal marsh. The
wetlands and upland surround a channel coming in from the Pasquotank River, and the uplands of
this property have been used for decades as the business site of DB City Marina. This is a business
that sells and services boats and marine equipment, and provides launch and recovery capability for
small to medium size boats. It has been developed with 2 buildings that serve as workshops, parts
storage, offices, and sales area. Additional development has provided wooden and concrete docks
and piers, a concrete boatramp, and areas of impervious surface (concrete and compacted gravel)
where boats are launched/recovered, parked and maneuvered. US Highway 158 abuts this property
immediately to the south. The wetlands of this property, subject to this conservation easement, are
essentially undisturbed, with the exception of periodic cutting of vegetation in the past.