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HomeMy WebLinkAbout20060930 Ver 2_401 Application_20070207v a, ol~- oq 3a February 14, 2007 TO: Ms. Jennifer Frye U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 RE: NWP 39 Application; Autumn Hall Town Center: SAW-2006-40204-065 New Hanover County, NC Dear Jennifer: Enclosed is a NWP 39 application for your review. This application is submitted on behalf of Autumn Hall Incorporated for the Autumn Hall Town Center in Wilmington, NC. The applicant is proposing to construct amixed-use development with 281 single-family lots, 33 townhomes, and a town center with offices, retail stores, condominiums, and a hotel. Although the applicant has attempted to minimize impacts through careful site design, approximately 0.136 acre of 404 wetland impacts (0.115 acre permanent) and 301 linear feet of stream impact (147 LF permanent) are proposed. These impacts are needed for road crossings, installation of a storm drain, and replacement of culverts. To mitigate for the permanent impacts, the applicant proposes to restore 79 LF of stream on site, preserve all remaining wetlands and streams on the site, and buy into the EEP for the restoration of 0.25 acre of non-riparian wetlands and 68 LF of stream. As you may recall, a Nationwide permit application was submitted to your office in May of 2006. Because we could not address your request for additional information in a timely manner, the application was withdrawn by the Corps. The Pre-Construction Notification form, associated maps, site plan, and preservation documents are enclosed for your review. Please contact me if you have any questions. Thank you for your assistance with this project. Sin erely, ~ ~) Q V" U`'~'`'`~-~ im Williams Wetland Scientist ~~ ~ w ~ ~~7 ~ Encl. C(`%?' 9+!1 FAN ~ 9 ?~a07 f Cc: Mr. Raiford Trask, Autumn Hall Incorporated Mr. John Tunstall Norris Kuske and Tunstall ~~'~~` ~Y~7~"~^ ~•~~~~- + ti > > > W~'~1f~:~ r,,~rU ~iYr;~~w4; ~R HRANGn Ms. Noelle Lutheran, DWQ Mr. Ian McMillan, DWQ www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 AGENT AUTHORIZATION FORM TO WHOM 1T MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the permit application for the Autumn Hall Subdivision located in New Hanover County, NC. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, .S ~~ 6 Date Office Use Only: Form Version March OS USACE Action ID No. DWQ No. V ~ D la - 0 9 ~ (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 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: ^ II. Applicant Information ®~ ~`~ ~~~ °-~_~ D 1. Owner/Applicant Information FEB 1 ~ 2(107 Name: Autumn Hall Incorporated _ .,.,.y~~n~i~} Mailing Address: c/o Mr. Raiford Trask ~~~~ro stc~aaw~~t c~ 1202 Eastwood Road Wilmington, NC 28403 Telephone Number: (910) 313-0795 Fax Number: E-mail Address: 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: Ms. Kim Williams Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 WilmingtLon, NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: kwilliams(a~lm r~oup.net Updated 11/1/2005 Page 5 of 12 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 USAGE 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: Autumn Hall Town Center 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): RO5000-004-001-000 4. Location County: New Hanover Nearest Town: Wilmington Subdivision name (include phase/lot number): Autumn Hall Directions to site (include road numbers, landmarks, etc.): From Wilmington, take Market Street to Eastwood Road. Site will be on the right see vicinit~p). Site coordinates (For linear projects, such as a road or utility line, attach separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34.2349 °N 77.8507 6. Property size (acres): 235.95 acres 7. Name of nearest receiving body of water: UT of Bradley Creek 8. River Basin: Cape Fear River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Adjacent land use is residential or undeveloped. The property is the old Duck Haven Golf Course. 10. Describe the overall project in detail, including the type of equipment to be used: a sheet that °W Updated 11/1/2005 Page 6 of 12 This project will consist of a mixed use development with 281 single-family lots, 33 townhomes and a town center with offices retail stores, condominiums, and a hotel. The applicant will initially complete ,grading- Planned roads and stormwater conveyances will be constructed Infrastructure such as water will then be installed. Finally, lots will be sold for individual development 11. Explain the purpose of the proposed work: To build a mixed use development within the tract. 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. The 404 wetland line was delineated by Land Management Group, Inc. Ms Jennifer Frye of the U S Army Corps of Engineers signed the wetland survey on July 22, 2004 Action ID# 200300553). 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 additional permit requests are anticipated for this site. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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: The applicant proposes to impact 0 136 acre of wetlands (0.115 ac permanent and 0.021 temporary) and 301 LF of stream (147 LF permanent and 154 LF temporary/maintenance). Updated 11/1/2005 Page7of12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, cPnaratPly list impacts clue tc, hnth Structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Fill forested No 300 0.115 2 Excavation (Temp) forested No 250 0.021 Total Wetland Impact (acres) 0.136 3. List the total acreage (estimated) of all existing wetlands on the property: 10.85 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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 mnct he inch,derl. Tc, calculate acrea~e_ multlnly length X width. then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act (linear feet) (acres) 1 UT to Bradley Creek Culvert Perennial 10' 147 0.034 2 UT to Bradley Creek Culvert (Temp./Maintenance) perennial 5' 108 0.012 3 (offsite) UT to Bradley Creek Culvert (Temp./Maintenance) perennial 10' 46 0.011 Total Stream Impact (by length and acreage) 301 0.057 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill Pxcavatinn_ rlreduing_ fleedin~_ drainage. bulkheads. etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) ocean, etc.) (acres) N/A Total Open Water Impact (acres) Updated 11/1/2005 Page 8 of 12 6. List the cumulative impact to all Waters of the U. S. resulting from the project: Stream Impact (acres): 0.057 Wetland Impact (acres): 0.136 Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 301 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): excavation of uplands Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): stormwater Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has taken great care in the site design in order to minimize impacts 404 wetlands and streams. However, the tip of a wetland finger (Impact #1) will be disturbed by the side slopes of a proposed road. Another wetland area (#2) will be temporarily impacted from the installation of a storm drain. Three stream crossings are needed. Stream impact #1 is needed to tie the subdivision into Clear Run Drive as required by the City This crossing is relatively long (147 LF) because of the irregular shape of the property boundary in this area and the need to maintain proper road curvature. The ~~licant will replace two existing culverts (Stream Impacts #2 and #3), as required by the City. No new impacts are needed at these locations. Updated 11/1/2005 Page 9 of 12 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 restore 79 LF of stream on site (two areasZpreserve all remaining wetlands and streams on site, and buy into the EEP for the restoration of 68 LF of stream. 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 (919) 715-0476 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 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): 68 Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):. Updated 11/1/2005 Page 10 of 12 Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", 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. * Impact Required Zone ,,,~,,,,_ F ~~~ Multiplier ,~,~;«;~~+;~„ 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A Updated 11/1/2005 Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is no existing impervious cover within the site. Total proposed impervious cover will be approximately 65% of the entire site. The applicant will install silt fencing. around the construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with an annual grass to prevent temporary erosion. A stormwater permit has been obtained for the site. XII. 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. This subdivision will tie into the local sewer system. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This project consists of one complete subdivision and will not provide access or infrastructure to other tracts. The applicant proposes to preserve all remaining? wetlands and streams on site. XV. 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). N/A ~t~-~ 2'/t~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 Kings ~' Aa ~ '~. ,, _ ,~ a,,~;: • t ~ .. , r., =;., , .~@li'ih4il;,~i~~i-r4ir~>~i} -.....~~~^ -~.,~i~,•r •`~ i A •• j~'{ ~ ~-c ~t " _i._ ~ ...~ . . ... '~ .,~. 132 `~ '' ~ ~ ._ ~ ` ` `' `'x ~'' ` ' +- SITE '` ` ~--~ ~ "-` 1[C-•1~1.~FUG /Ar~' f '.~i't+, 1rY~r}~~1.}~~~~«% _~ `;~' '~ 1 ~~1- ~., `\. i 74 ~' ~ ~~ ~~ U i _ ~ n « -_ _' I ~ 1 ti..~ ra., /~ ~jiitt ~2~ ?~! ~»v-l,,ft.l I~.. ~t 1 ~ fi ~~ > ~-~TF _, _ "~ ~ tr ; y, - _ f • ~ x <, Yti' .aiii ' (`A~fee - S s ~ +~ ~qL 111 \, fey ~.. .... "•.. WtiCtI:IISVj~~ F~ " ~ , it ,~ t,l'~ ~~,,_ ~- i ~ )vh i Fiji /. ~. . t ,~,.~ ~,\ .~,°*~_~~ Be~ch ~ Oceanic Pier Ta~.. „~ ~~ 76~f ~~ ~ f _ ~ i_1 ti /r' ~`i /~ ./ ~ .i J ~ ~ • 3 ~~ ,~ i .. ,~~, ~~. .~~ ; :~ ~' f _ r o ~~~~~~~ FEB 1 9 2x07 DENR~Wg~~'F~R Fug Boundanes are approximate ana are a~TE i~ETlAN0.~ not meant to be absolute SCALE 1" - 1 Mile Map Source: North Carolina Atlas 8i Gazetteer. Pg 84.2003 `V°ry ~ a ~ - (~ John Tunstall Land Management Group, Inc. Autumn Hall Environmental Consultants Figure 1 New Hanover County, NC Wilmington, N.C. Vicinity Map 01-05-799 January 2006 ~~~~~~ d "4k~~""~~i~r~r~~'Ty *Boundaries aie a{~pruxirnaie aiiu are ~~TE trr not meant to be absoli.lte SCALE 1" - 1200' Map Source: Wrightsville Beach Quadrangle 7.5 minute (topographic) 1978. John Tunstall Land Management Group, Inc. Fi ure 2 Autumn Hall Environmental Consultants g New Hanover County, NC Wilmington, N.C. USGS Topgraphic Map 01-05-799 January 2006 Se Se Kr ' ,, , 0 ~ Se . e On u SITE ~, se ~ „~~ ~„f Kr ,, a ' "`' Ly _ ,....~;Y,~. e ~ _.:~ `f ~ ~ ~ Se , ~ ~~ >.> t Ly ~ ~ ~ e?~ ; Kr Le K r r Be 'L a Se - . _ ... '} ~T:..~ Be - No Mu e ~ w ;i ,: ~ ~ til, - Kr r. Ly ~ ~ Be * `~ ~~~ ~ = x pt ~, x:YP ' i Be Y Se TM Le Cr 9 e Cr FED ~. ~ ~ ~~? ~NR . WATt~k ~~a ~N*.;a~ ~~ ~ gTQPt *Boundane5 are approximate ana are a~Ti not meant to be absolute Map Source: NRCS Soils Map. V ~ ©~ - b SCALE 1" = 800' John Tunstall Land Management Group, Inc. Autumn Hall Environmental Consultants Figure 3 New Hanover County, NC Wilmington, N.C. Soils Map 01-05-799 January 2006 Q ~ V ~ ~ ~~ ~y ~y'~ 111NNNiii ,YnN\ FEB 1 8 2~Q7 ~ENR - WaT~~ (1uaL *Boundanes are approximate ana are aiTE 'tA'~~ftA1~0.RAMD3T4R~ewAi~R~H1UdL~+ not meant to be absolute. SCALE 1" - 800' Map Source: 1998 NAPP aerial photography ~ ~ Q ~ - ~ John Tunstall Land Management Group, inc. Figure 4 Autumn Hall Environmental Consultants New Hanover County, NC Wilmington, N.C. Aerial Photograph 01-05-799 January 2006 ,I . /l i ~ ~~ • ~ ~ _~ ~- _ _ s. ~ ~~ ~s ~~ ~~' w ^ ~ r V "' 1 i r ~ \ V ~ i ~ ~ ~ --- .. ~~ c ~~ ~ ~I ~- -_ ~~ ,, ~ ~ ~,~~ ~~~y~ I ~- ~,0. ,1 ~\ , ~~ -- i~ .~,t'r -~, ~~, ~-.- t r +r' ~~ ~. ~~ ' ~1 ,~ _. .--^ , y~T nj~ i~,i ;i~ ~~ ~ ~ i ~, 1 Pi 1 ~-_ ~i I - ' ~~ ~ ~~ ..--' r-1 ~ i L ~~~ _ '~ /~ ip ~{II ~ ~ t,T Q ~ '- il! h d ~ ~ ~ ~~ ~k~~ ~~~~~ ~ IF ~1`, „. ~ ~'. P.il ~ ~ ~~ . ,~~ ~ m ~~ ~~~ ~,~ ~ ~9 i ~~ ~'~ \~~ ~~~ ,1' \\~ ~~ YYxx ~~ ~'. "~~" 1'.G PRELIMINARY: NOT FOR CONSTRUCTION SCALE: 1" = 400' ~ ~~\ '~ ~ ~~~ ~ ~ri~i~,~ ~ r. /~ ~' ~ ! ~ ~! -x ' l~ ' ~~ l~ ~~~? X11 N._ .n .. i ~ .. ~l ` L ~.,. ~ 4.. I ~ _ ,.,.s,~. ~-'~v'IC9 .,~ ,mb1.5,I ~~.~-~ E. -- ~_ ~~ ~ y ---- ~ ~, i~ ~_~~ l a o a o 0 o0 0 0 000 ~ ~~oo -~D ~ o ba ,6 o do _ , y , _ ~ -- oodo ` Odor -- ~ ,® ~~~ ,~~~ ~oQOO aoa~o~~~° ,. ! i~ ~u a~oo~ o a~ a ~oo / a Y~ I r 00 1 r. __. L.. ~__,! ,~~ ,c~ _ _.. ._ ~ Q 1 SAC o 62 -~~`~ `. ~~ ~--- _ __ ~~,~' i ,~I1~II~ ~-~ ~~ ~., I,I ~ ~~~ ~~ 11 ~ i ~ i ~ ~ 1 a V ~~~ ~ ~ ~ ~ ~1 =--! i a~ ,n ~ , .. M ~ ~ ~ i ~ , A a,~, ~ g ~ J ;~ \: ~ ' arr~ Im~ac ~ #2~(Clrlveyt R~eplac ent~ ~ ~~~ ~ ~~ ~~-~ C4 ~n~rr1 Rn~c4n~~firln $9 `.w1Ur. i ~i .i t ;~- ~.- ~~ , ~i /j n> ~ '~/I ~ ' 404 Wetlands ~~. Proposed Impact to 404 Wetlands - Stream i~ / < ~~ '- t ~~ __. ~ ~.~. .~ ~ ~',....... .~ ~~' ..~~,.. I ~ ~ ~, ,`-`~ ._ ~u ~~ 00 00 0 0 -o do d0 ~; o a o ~ o~ ~ ~ ~ ,~ .,~ ~, _ ~~ ~ ~i: ,. ~ D D O~ O~ .~ ~.... ~ ~ ~~ ~ I O O O Q..Q t J /: d. _ ~ a' D' Q a __p ,~'s ,' " c7 C7 c3 c~"© ~ c~ o ~ ' i /l ~ ' t~~ e ¢i ,~, ~ ~ ~ ~' d ro : ~~, ~ ~ fi. a~ ~ ~~~ ~ ~ ......... Q ~ ~~ ~:: t i ~ ~ i ~; ~ ~`~.. / ~'~ 1~ ~ ~~ - ~,[] ~ 1- i .~.,., U > ~~ od,_ ~ \~V ~ ~~ ,/ i ~ e,e 5 ,,y ~ .'.' ~~ i : ~i'' 1 i ~ •:~ ~ o ~~ ~,~ iii m ~ r , ~~ 0~11~~\\ ~~ I \~ CXISTh4C NIAI~/ I G70iiND ~~ \ ~ ~i ~~~ ~~ I _ ll ~aer.s I i ~;%; \\ ,i dill--~~I ~ i ~: . r ~ ~~ ~ / u~age~»m iron F~~e ~ '~ ~~ ~ ~ ~~~~ ~~ .-~/ " ~ ~~~ _ . .: ~,Pi"UI ~~p! `~' a ~ ` l ~ ~ ii' a~~/ ~~ ' /~-' ~ 1\' ~ . £6 V Site plan by: Norris, Kuske, & Tunstall Consulting Engineers 902 Market Street Wilmington, NC 28401 (910) 343.9653 Owner: Autumn Hall Incorporated ~~~ ~ ~~ ~r~ l; ~ FEB 1 9 2071 ~~o ~ ~ ~~t~fk LV~Y.,; ~.\RON ~ n ~aoA.~ ~ y~ AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 5. Site plan showing proposed wetland and stream impacts. °~°°~ ° l~°°O°°p01 Cr ~~ I~ ~ ° ° °I I~ ~ ~I~ ( ( o000000~p ti I~~ j;~ r ~ °~G°G°O ! ~_ ~.' BFI ~ !-_ yp S ~~ it j( !p~°~QQOOO 'C y f6 [O~°°°O°O ~I' ilk ~_> '' /~ 4 ° ."' Existing u~~~ert '~ • ~~ r ~ j ' BEGIN • to be Re ;r~ved , ~~ ~' BLUE LINE ~~~ Stream Restoration #~1: I ~- ~ i STREAM ~ i( ~; 18 LF f ~ ~~ a~ ~ i ~' ~ !---_ ~ '---- ~I ~ ~ ~~~ rr~ ~~ \ ~ ~~ ~ ~~~ 1 '~~ ~\ ~ ~ N~ ~ i ~ i '~ ~~-j ; ~ PrppoS~dI.~2' Hecdwall i ~~~ ~ ~ ~I (b~ry~ y~nv. 1 ft.) y~ /~ / .,,i D j '~ ~ ' %; j ~~ r r ,~ Proposed ~ b'~ I ~ ~ i ai Stormwater ~~~ Pond ~ ~`. ~ ~/ ;~~ ; 1 P ~~ ~ ' ~/ r ~osed Culvert /' ~'~ .-t/ ~r Stream'Impac~#1 • ~~ ~ %r ;~~ ~- .; .- 147 L~ ~ ; '~ ~~ ~'' ~~ ~~ ~ ~ >~ ~~ ,~ ' :, ~ ~~ -~ ~~~ ~~ ~~ ~ ~\ \~~ ~ • ~~~"~~ ,~ p • . ~ ~~ {7 ~ ! A ~ ~~ ~ D ~`~ a ~` c 1 ~- PRELIMINARY: NOT FOR CONSTRUCTION 404 Wetlands Proposed Impact to 404 Wetlands - Stream _....... SCALE: 1" = 50' v ~ ~ ~ .. AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 6. Proposed stream impact ~1. PRELIMINARY: NOT FOR CONSTRUCTION 404 Wetlands Proposed Impact to 404 Wetlands V~ p~-D~~ SCALE: 1" = 50' AUTUMN HALE TOWN CENTER New Hanover County, NC Figure 7. Proposed wetland impacts #1 and ~2. \, ~ ~ `\ ~ 1 ,~ --i,~ + , ,- 1 t ,~ ;, ~~~ 1/~ 12.2 ~. '~ ~~ ~ ~. -- ream Res or~ati n #2~ ~~~ 6 \,.` `\ \\ I ~ g // i ~xisting'Culv~~r~ ~~'~ (tl~a,-~'(~ e r e ~'o v e d) `~ 'j ~~ /~ - . ~~~~ j~r~ ,~~ // j/ Y~ OG.~ i~G00 O ~, ~ ~; ~~~ '~ ,.: ~-~ :s rv rf c:: r o ~`"~ v '- _.. PRELIMINARY ~T FOR CON TION 404 etlands~ Proposed Impact to 404 Wetlands Stream 0 ~ , !/ ~ J Stream Imp 108 LI (temp./mainte 0000 ~~O 000000 OOA ~\ \ ~CO 00000 JpOU OOC OOOOGO QOOGG OO\\ ~ ~ ~ !y'n~~ O-O~Q OOO GOO ~ i .'~~~ "Or~nGO 0,.06 00} \~ C ~ \~ \~ ~ ~~ \\ ,/ ~'/ %~ ~~ ~s }~~0~ ~ ~~~G ~..~ i N ~~ ~t #2 ~ `~ . ~ .. ,, ,,. ~. 11 ` \' nce) `l~ ~, ~ SCALE: 1" = 50' ,, ,~~ ,~ ~, ~, ~, ,,, ~. ~ ~ ~` \ ,, ~~ AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 8. Proposed stream impact ~2 (temporary and stream restoration. 0 0 o rol ~~ v r~// o' `fie o o n o ql `~oom°o°° ~~ / / P°°~~. o ~~ / ~ %'% ` )C, J'/ ~\~ ~~ ~ / i i i ~ V ,. ~ ~ ~ i ~ i i i i i i~ v %~ Stream Impact #3: C.~ ~~ ~ ` 46 LF Approx. stream location s ;~' (not surveyed) ; i / ~ i (temp./maintenance) ~\~ / ~, ~ ~ ~; ~~~ ~ ~ ~% Iii I/.12 ~ 4 J ;, \v ~ i~ i , ///~ o~~ , / ~ .~ . ~ ~' ~~ Remove existing 36" RCP and install box culvert PRELIMINARY: NOT FOR CONSTRUCTION ',~'.~. 404 Wetlands Proposed Impact to 404 Wetlands - Stream v~ Dla`Dg3a SCALE: 1" = 50' AUTUMN HALE TOWN CENTER New Hanover County, NC Figure 9. Stream Impact #3: Replacement of existing culvert (no additional stream impacts) 8 3 H W_ Z > U J Z ~ ~ 0 p ¢V ~ a J ~? J Z a ~o r o~,, n c°v n o~i ~ ~ Z ~' ~ OJ ~S ~ ~S ~ ~S ~ ~ a ~ ~ ~ ~~ ~~ ~~ J J W W V V W W I EXIST. BLUE UNE I I STREAM ELEV. 12.72 EXIST. BLUE UNE ~- - - - - - - - . - STREAM ELEV. 13.22 f----- 45'f HEADWALL 4'H X 6'W < Qi" T=17.00 BOX CULVERT HEADWALL WITH ~ ~ I=12.22 CLASS TRIP-RAP ~ ss (1' BELOW ENERGY DISSIPATOR zsr EXIST. INV.) 30'L X 20'W X 24"D f ~ ~ T=17.00 1=11.72 ~ ~~ _ _ -___ _ l1' BELOW EXIST. INV.) FIGURE 12. -- ~~~ NEW BOX CULVERT FOR ROAD CROSSING ~~ AT CLEAR RUN DRIVE (CULVERT REPLACEMENT) 05150 m ,ni rs a/+/oe SCALE: 1" = 20' 0 20 40 60 C3.1 -, o stem PROGRAM January 23, 2007 Raiford Trask Autumn Hall, LLC 1202 Eastwood Road Wilmington, NC 28403 Project: Autumn Hall Town Center County: New Hanover 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 PermiU40I Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. Cape Feaz 03030005 Stream {feet) Wetlands (acres) Buffer I (Sq. Ft.} Buffer II (Sq. Ft.) Cold Cool Warm Ri azian Non-Ri arian Coastal Marsh Impacts 0 0 147 O.I51 0 0 0 0 Credits 0 0 294 0.302 0 0 0 0 Upon receipt of payment, EEP will take responsibility fox providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 71b-1921. Sincerely, ~. ,~,~ ~.tr.- Willia D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jennifer Frye, USAGE-Wilmington Noelle Lutheran, DWQ- Wilmington Kim Williams, agent (email) File ~,st-o~~... E ... Prot~;ctc"~ ou.~ Stag F~ I~C~DE~R North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 ! 919-715-0476 / www.nceep.net L-CG~ND ------.. e - wmxc ca+wrrt wor~ucxr - ` (ccNmoi. rarrt~ ~-,Y • 3T CdIGPEIE Y[NIA~IXL O - EnSTNG 10.G1 . ~„~„ .,, e.~~~~b~ ;~-- -- ,~' ' ~~~ ~ ~ gY ~, i ~ ,~~`~~ r~ ~° sue? .T ~;,tl~.~ ~~ ~0. 9 1 11~~ ~ \'~~, ~ .'~ ~ ~ 1~1~ r~ 1 ~ i'r a ~ , ;;; ~ ~ '~ -J1 ~~" 3 a ~~'i ~o "`e ~« " .~ ~ ~`~ moo"' Y t~ `~ ~`~ / - - _ _- ~f?~L~INa~+-RY - ---- -- -- ~UL-~-0-~~- CO VFORnRCESOOR SOLES AP~DREW AND KU ----------------- ----------------------------- ----------------- ----------------------------- enzrvtzn rsoro u.s. ~nvr, ~4 u.. vn--------_'-- -------------~------ ------------------- --------------- '^~~. ~> ms's `- s----- sl .a~. j: ,a,., '~ ~Ltixs;m "wai-.~ a ~~~ V ' ~/ X3~\ Aa ! snsuy. ~A,: ~ ^~ ~~ ~~ ~~ ~• ors ,,~~yy~y'/,~ ~~~ y, ., ,,~ 6 _ ~.>` .1t _ ____ ~~ 3 ~ ~ wi.umucnorin R - mw L 7l _ ~' ~ ~ ~p ~' ~~ ~~~~ t~ i ~ 1 ~r'~4° ~1 (go ~9 `X -~ ianr'u~ ~ _ie "e~~r~"®~ ~C/., ~'i4' 7~~~_ L -~ PI'S ; .~/ wm nT ~ ~ / ~P A9 1 ~c Abs' ,~ ~ \\? room / it ~^~ xcmw ti"+ ib ge S•e> ~',Ir~i ~ 9F •~ ~ ~ I '~~ ~ qq,---®~-{ wnR~ :i!_ any. sub" ~isn~c'nor~w. no~.wnf`xr n~w~ ~ O 'lsx~ --J ~ 'Y ~Ge' J e r V- ~. rori s.E .+r. - zv.as~u. ~' n _ . ,,,, Ps o« ~ I ~ J, --'- ...~ a~ :ice '• ~~ SUP~° ~n~ : -roe Noon mss sr~cr 5, f C O F'7~LIMINNZI': os~ ~ ._ao~ y I I ~ ~ ~ (- ~ ~~~9tio •••••GP~~~,` n~ae,c o~ ns snrra ~rcrsnncH Ca~rvtvrrces. ac vies suaozs. ~ ~ a "'""Y o~ ~D p~ rrw evio~ns~aae ~~.-~.~~ c83oos-6'3 'SHEET 1 OF 5 SHE~'P.~~~~" () r 7 ~ ;..- yy ry ~._.....~' y ~J ~c V 0/ ~•%3 „R~~ H v ~ o~-oq~, Restoration Plan Autumn Hall Town Center Wilmington New Hanover County, North Carolina Prepared by: Land Management Group, Inc. Wilmington, NC Prepared for: U.S. Army Corps of Engineers NCDENR- Division of Water Quality Wilmington, NC February 2007 Table of Contents List of Tables, Figures, and Appendices ................................................................................. ii 1.0 Introduction .............................................................................................................................3 2.0 Site Description .......................................................................................................................3 3.0 Stream Restoration .................................................................................................................3 4.0 Monitoring ...............................................................................................................................3 5.0 Implementation Schedule .......................................................................................................4 6.0 Summary ..................................................................................................................................4 i List of Tables, Figures, and Appendices Table 1. List of shrub and tree species to be planted within restored wetlands ...............................5 Figure 1. Site plan showing wetland and stream disturbance and restoration .................................6 Appendix A. Photographs of stream restoration ii 1.0 Introduction In order to compensate for proposed permanent wetland and stream impacts located within the Autumn Hall Town Center project in New Hanover County, the applicant, Autumn Hall Incorporated, will restore 791inear feet of stream on site, preserve remaining wetlands and streams on site, and buy into the Ecosystem Enhancement Program (EEP) The site is approximately 235 acres in size and is located off of Eastwood Road in Wilmington, NC. The applicant proposes to restore two sections of a stream on-site by removing old fill material and culverts. A variety of native wetland shrub and tree species will be planted along the stream banks in these areas. 2.0 Site Description This site is 235 acres in size and is the old Duck Haven Golf Course. It contains approximately eleven acres of wetlands. Bradley Creek forms the eastern and southern boundaries of the tract and two unnamed tributaries run from Bradley Creek northward into the site. Soils within the site are classified as Kureb sand, Baymeade fine sand, and Seagate fine sand in uplands and Johnston loam in wetlands (Figure 4). Vegetated 404 wetlands within the site contain water oak (Quercus nigra) wax myrtle, (Myrica cerifera), loblolly bay (Gordonia lasianthus), red maple (Ater rubrunz), and black willow (Salix nigra). Most of the uplands are maintained in a mowed condition. 3.0 Stream Restoration In two locations, an existing roadway and culvert will be removed and the stream channel will be reformed. The width of the restored stream will be that of the existing adjacent stream and the banks will shaped at a 3 to 1 slope. Stream Restoration Area #1 is 18 feet in length and Stream Restoration Area #2 is 61 linear feet in length. Vegetation to be planted along the banks of each of these restored areas will include species growing along adjacent stream sections (Table 1). These species will be planted on a 3' spacing. 4.0 Monitoring A general site analysis will occur directly after mitigation activities have been completed and 3 will consist of taking photographs of the restored streams to evaluate initial success. A small narrative will be written and submitted to the Corps and DWQ. From then on, monitoring will occur annually for up to five years (if the agencies determine the site to be successful prior to five years, monitoring will discontinue). During each monitoring event, the vegetation within the restored stream bank will be counted and identified. Success criteria will be the survival of at least 70% of planted vegetation. A monitoring report that summarizes these results and includes photographs of the restored areas will be submitted to the Corps and DWQ. Because of the small size of the mitigation areas, hydrological monitoring will not occur. However, the survivorship of wetland plants within the area will provide a good indication of hydrology success. 5.0 Implementation Schedule Stream mitigation activities will commence as soon as the ACOE and DWQ have an opportunity to review and approved this document. 6.0 Summary In order to compensate for proposed permanent wetland and stream impacts within Autumn Hall Town Center in New Hanover County, the owner of the tract will restore streams on-site by removing fill material and existing culverts. These areas will be planted with native wetland vegetation. A general site analysis will occur directly after mitigation activities have been completed to evaluate initial success. From then on, monitoring will occur annually for up to five years. In addition, all remaining wetlands and streams on site will be preserved in perpetuity through restrictive covenants. Finally, payment will be made to the Ecosystem Enhancement Program for the restoration of 68 LF of stream. 4 Table 1. Typical tree and shrub species to be planted within the on-site stream restoration area. Planting will be based on nursery availability. Common Name Scientific Name Water Oak Quercus nigra Black Willow Salix nigra Wax Myrtle Myrica cerifera Loblolly Bay Gordonia lasianthus ' _ ~ i!r + ~'~~ ~ If ~ll ~~ i ~ ~_ ~ _ ~~ ~; r _ , is a~ r~%r ,~ ~~ _• , /~/~~ r~' ~~ `~/ ( C ,, .., _ _ ~,.~. _ a ~~ 1 ~- - -- '~--~ ~~ - .~ .. p I y ~ I -= h- y .. _ ~, _ ~ , ~ ~I, I i~ ~. ~ , , _ ~ ~._ _o r .. l~ ~ ~~ ~ I~ ! ~ /i ,C il_ ~ ~ I i ~S ~ ~ '~` 0 D 0 8 D ~ ~~~ ! ~ ~I ~ __ ~ i ~ ~~,_~ {~ ~ ~i /~ . ,~ ~ --- ~ - ~~ V I' ~ ~ ~~js ~~ I 0 D O O o 0 0 0 ~ o cb ~ ~ ' `~ o -~~ ,~ a ,~i ~ ~~ o' o00o G o~oo ~°~ 0 DO ,E) D do ', °;. "~~ _ yt , . _ ~ ~ ,, ,~, ~ I ~`, .1 '_~`' ~ ~, 1 ,~ ~~ ~ ~ ~oooo O ~U~~ ~,"no ~ ~~ oc~ 000 ~ ~~ _~ i ~.r ~ ,~; ~i ~~, _ ~_ j~!~'. /' "~' - ti / / ~ ~ ~' / I I 1---,. r,r d ' o 0 0 - 0 D ^ D p o ~ 0 0 ^ i ^ o o ' p-0 I ~' '~~ P ; ~ I ,, ~ 1 A.~ V ~ ~ '~ ~ "_ ~ l i , ~ a. - , ~ ~ ~~, ~ ~ ~ ~_• i- _ ~~~ ,.~ 0 0 o c~ o csfl ~ , ~.a r- ~ h, ~ ~ o o , ,i ,~~ ~. _ , ,, 'I , o ~, ,, ~ __ , , ~ a 1 ~., ~~~' r O l Y ~ ~L ,, ~, ~ ~ ~~~~ m,d .~ - y, ~0 /b~ 7~D j~~~f~ ~~ -- -~ -- I ~~~ (`w.~~ i r"" \ '~w' v .... ... _ _ -_~ I ~ ' --'h 1 ~ , = ~ --'~ it w~,arts ~- . _"- -~~,\` _ ~..~ ~.,, ~ ~~` -. < <~, _ .~ ,1 ~ T --~ VV ~ ~/ $I ....~ 1 ~ ~ i ~% i ~), i ~~ ~i i ~ r ~, ~ ~ -=` ~~ ~, _ ,I l i ~ i f~ a ~ 1 ~ ~ ti ~ i /"~ _ _ ~; ~ ~- ~ i d,// i ~ ~ J ~u j il'`J` ~ \` ,' ~ 'a~~~, ~ I¢ .a ~ \\\, ,~~\ ~ , ~',4 1'~,r~'/, j 11~`I 1~ `\ r f ~ ~~; °~ _: .._ - -~ I ~ = ~, ~ ~ ~. i ~ ,. ~ ~ .~ 11 ~~ .- ~~'' ~ I :~ p ~~, r,, .~ 1 i, ,1 /~~~ :'` ~ am Impac~ #21(Cglvert I~eplac ent} " ' ~f ;~ „ `~, ~~/s% ~,,t _ '„ ~ ; ~- _~--!1 `,°'(~;~ ~earr~I Restoratidn #2 a`~~ ~',~. ,~~ ~ ~ ~ 0 / ~ 1 i _ i ~ ~ / ~\ 1~ "' ~ -~ I I'~ ti~ I I''~ ~ ,y ' ~ +~ ~ _ ,- _ ~ 'n ~\i d 1 txSM'c~ ~` 1 _---_ ~ ~~~„ / ."f~ ~ u I i ~~ ~, ' it f'`~I ~. ~I~ ~~~ ,-.`"'~~ _ usa,y[ ~- a ~ t '~ i ~/ ~ ,'-- ~ t ~ / 'lll y.l I I"LJ~~ L' ~ '. IIF~ ~ ~ u11 ~~ &~m..~a St ~.._ ~a ~ '~, I ~~~-_- ~ ttearn ,act#Y I,' ~ .,~,~ ~ ;~~~~ ~,,~ ~. ~ ~ L_ ~ s ~ ... ,.,` ,: i 9 _ \ '~~~ i /~J` T ., _ _- i n> ~~0m ~ ~ ~ ~ ~ ~ i I l~ ~ ~ ~ ~ ~ ~ ~ f ~ I i ~~ ~~~ ~ ~ J / I /,// ' ~ ~ ~~ ~ ~~ r ~ ~f l 1~ y... ~ ~ ~ ~~ , I 4 Ili D ~ ~ y~ ~ ~,~ ~ ~ ~ ~' ~ ~ ,.~ ~. R~s I u ' ~ -„~ ~ ~ ~ ~~„+ ~il ~-, ~ I 1~~1 . ~/ ~ -..., -~r~ ~ o ~ ~ ~ ~ ~ ~• ~ I 1 ~ __/' / l 1 ~~ , - , ~ i s '~ i 'w ~-_- =,~ ~ '' . y • ~ ~~ ~~1-~-- = --tf~ ' ~ - ~orao .._'. I ~= _. ,~ _. y ~L. 4' ~~ t ".~.. ~ wM.. ,- ,, ~ ~ ~ ~ g 241 ~ r, I I I ~ -:-~ ~~~~~ ~: ~ ; ~~~ a~"" I ~ ~ --_ _ +~t~ lm act #3 ff~ ~ R~~p1.~`~yCF i ~, ' ~~ ~ ' pt~ R i = ~ acement " i '~ '~ k~ //III R ,.„ ~E 5~~ >- ' i1C `~: rs: '~ . ~ a'~ J / 4 } / ^__ ~ ' ~,''~r~l P - ~ ~ ~ i ~ ~ ~ ~l !~~ a ,~ ~~.r t ~ r y_,rx ; f _ {5 y R~~L ~rV7 .......-uo fix) -~ ~ k O r \ i ~ ~ ~ X,~ ~) ~ \ rir 2' - - _ -~1 i n ~ _ ____ -. vl~ PRELIMINARY: NOT FOR CONSTRUCTION 404 Wetlands ~. .~ _._~~~..n .. ~~~~. Proposed Impact to 404 Wetlands SCALE: 1" = 400' -Stream Site plan by: Norris, Kuske, & Tunstall Consulting Engineers 902 Market Street Wilmington, NC 28401 (910) 343.9653 Owner: Autumn Hall Incorporated AUTUMN HA~~ TOWN CENTER New Hanover County, NC Figure 6. Site plan showing proposed wetland and stream impacts. ., ,~ ~ ~::~, ±`,+~ ii ~'. `y,~'.. ~: ',' ... ~~~ ` ;rk~ ~ y"~ ' 4. `,. a ,,~; :~I .Ar if i ~' °'~ 9! fik • y ,'~ ~: ~t a ~t~ ^' gip. a '~ ~~, I~ ~ ,~ ~° ~~~ ~?4 ~,j~°+~t ~~' ~~'~i ,per i ' r-. ~ ~'~b~,kQ'' tY~` ,~,.,x ~ +, ".Zr 14x,-,yi,u, _e'~t, ~ 'S ~;" Autumn Hall Town Center New Hanover County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. May 2006 Pictures of site: Stream Restoration # 1 1 View of stream just south of restoration area. 1 View of stream just north of restoration area. Road/Culvert (Portion to be Removed) .. as' ~~ r,_ ~- ~,~ _ r r x ,~ 1`AR?a~~4,. ` ~ ) [, i°~ i 4 ~ ~ ,4 .. ~' ~ rj~ C~ 4 ~ t ~ ~s~ ~ C '. '~C..2 , ~ 1 `~ e ~ ~,~,j` ~ ~.. .. ` `• ' . Autumn Hall Town Center Land Management Group, Inc. Pictures of site: Environmental Consultants New Hanover County, NC Wilmington, N.C. Stream Restoration #2 May 2006 1 Looking eastward at Stream Restoration #2 j Typical stream vegetation. v a. ol~-~~ 30 Prepared by: Kenneth A. Shanklin and return to: SHANKLIN & NICHOLS, LLP 214 Market Street Post Office Box 1347 Wilmington, NC 28402-1347 Telephone: (910) 762-9400 Telefax: (910) 251-1773 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS FOR CONSERVATION AREAS THIS DECLARATION OF COVENANTS FOR CONSERVATION AREAS is made this day of February, 2007, by and between RAIFORD G. TRASK, JR., TRUSTEE under the Raiford G. Trask, Jr. Revocable Trust, and any amendments thereto, dated May 23, 2006 (see Memorandum of the Trust recorded in Book 5042 at Pages 1382-1396 of the New Hanover County Registry), ETHEL TRASK COUPLAND, TRUSTEE, under the Ethel Trask Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005 (see Memorandum of the Trust recorded in Book 5141 at Pages 1016-1026 of the New Hanover County Registry), and D. WEBSTER TRASK and wife, JULIA C. TRASK, of Wilmington, North Carolina ("Declarants"). (This Declaration of Covenants for Conservation Areas, as may be amended from time to time, is referred to as the "Covenant.") BACKGROUND STATEMENT Declarants are the owners of the property described on the Plat (as referenced and defined below and referred to herein as the "Property") which will become amixed-use planned community currently known or to be known as "Autumn Hall." This Covenant is being recorded to satisfy the requirements of the U.S. Army Corps of Engineers, Wilmington District ("District") with respect to preserving mitigation property within the Autumn Hall community. Article I Statement of Binding Effect Declarants hereby irrevocably declare that the Property described on the Plat as Conservation Areas (as such terms are described and defined below) shall be held, sold, and conveyed subject to the covenants and easements contained herein, which shall run with title to the Conservation Areas and shall inure to the benefit of and be binding upon all persons having any right, title, or interest in such property. Article II Covenant The areas shown on that certain "Wetland Preservation Map of Autumn Hall," dated February , 2007 and recorded in Map Book at Page of the New Hanover County Registry (the "Plat") as conservation areas or wetlands impact areas ("Conservation Areas") shall be maintained in perpetuity in their natural or mitigated condition, which Plat is incorporated herein by reference and made a part hereof. No person or entity shall perform any of the following activities on such Conservation Areas: a. fill, grade, excavate or perform any other land disturbing activities; b. cut, mow, burn, remove, or harm any vegetation; c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures; d. drain or otherwise disrupt or alter the hydrology or drainage ways of the Conservation Areas; e. dump or store soil, trash, or other waste; or f. graze or water animals, or use for any agricultural or horticultural purpose. Notwithstanding this prohibition, the following acts and documents are excepted from these limitations and are expressly permitted: 2 g. City of Wilmington Drainage Easement. Notwithstanding any provisions in this Covenant to the contrary, Declarants shall be allowed to execute in favor of the City of Wilmington a Drainage Easement, of the nature and to the extent set forth in that document attached hereto as Exhibit "A," to allow for the City's maintenance and inspection of that drainage feature known as Two-Mile Branch. h. 40-Foot Wide Sewer Utility Easement to the New Hanover County Water and Sewer District. Notwithstanding any provisions in this Covenant to the contrary, Declarants shall be allowed to maintain, continue and relocate, if necessary, an existing 40-foot wide easement previously granted to the New Hanover County Water and Sewer District by that certain Easement dated October 1, 1985 and recorded on February 14, 1986 in Book 1318 at Page 255 in the New Hanover County Registry. This easement is shown on a map recorded on February 13, 1986, in Map Book 25 at Page 162 of the New Hanover County Registry. Furthermore, this easement is shown on a Map of Autumn Hall Golf Course prepared by Arnold W. Carson, PLS, and recorded in Map Book 41 at Page 33 of the New Hanover County Registry. i. Forty-Five (45) Foot Wide Easement for Pedestrian Bridge and Utilities: Notwithstanding any provisions in this Covenant to the contrary, Declarants shall be allowed to use, construct improvements and maintain such improvements in a 45-foot wide easement for pedestrian bridge and utilities previously reserved by Raiford G. Trask, Jr., Ethel T. Coupland and Daniel Webster Trask, from the conveyance of a 10.01 Acs. + Tract to New Hanover County, being known as the Cleanwater Management Trust Fund Tract, as described in that certain Deed dated September 27, 2005 and recorded November 30, 2005 in Book 4944 at Pages 2365-2374 of the New Hanover County Registry. The Grantors of that conveyance, Raiford G. Trask, Jr., Ethel T. Coupland and Daniel Webster Trask, reserved unto themselves and their heirs and assigns a 45-foot wide easement for pedestrian bridge and utilities as referenced on the Cleanwater Management Trust Fund Map recorded in Map Book 48 at Page 369 of the New Hanover County Register of Deeds and ad described in paragraph A in Exhibit A to the Deed.. The Grantors reserve the right within the 45-foot easement to construct, maintain and repair a pedestrian bridge for the purposes of ingress, egress and regress from Teal Street to the Grantors' Autumn Hall MX Development by pedestrians and non- motorized bikes and for installation, maintenance and repair of utilities. j. Authorized Impact Areas in the Conservation Areas and Wetlands as shown on the Plat: Notwithstanding any provisions in this Covenant to the contrary, Declarants shall be allowed to impact, use, construct improvements and maintain such improvements in areas classified as Steam Impact A, Stream Impact B and Wetland Impact Areas as shown on the Plat as above referenced and in accordance with the U.S. Army Corps of Engineers Permit to the Declarants issued in conjunction with this Covenant. 3 k. Authorized hand clearing within conservation areas: Limited hand clearing of certain deciduous vegetation and removal of underbrush vegetation of less than 2 inch caliper will be permitted within streams and wetlands as may be required from time to time by the City of Wilmington for drainage and public health purposes. 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 Declarants and their heirs, successors, assigns, and successors-in-title to the Conservation Areas, and all parties claiming under Declarants. Article III GENERAL 3.1. Amendments. This Covenant may not be amended without the express written consent of the District. Any amendment shall also require Declarants' written consent for so long as Declarants own any property within the Autumn Hall community. Amendments to this Covenant shall become effective upon recordation unless a later effective date is specified therein. In no event shall a change of conditions or circumstances operate to amend any provisions of this Covenant. 3.2. Duration. This Covenant is intended to run with title to and bind the Conservation Areas and, unless terminated by agreement of the owner(s) of the Conservation Areas and the District, this Covenant shall have perpetual duration. If North Carolina law hereafter limits the period during which all or any of this Covenant may run with the land, then to the extent consistent with such law, this Covenant shall automatically be extended at the expiration of such period for successive periods of 20 years. 3.3. Interpretation. This Covenant shall be governed by and construed under North Carolina law. 3.4 Waiver. No failure to exercise any power under this Covenant or insist upon strict compliance with this Covenant and no custom or practice at variance with the terms of this Covenant shall constitute a waiver of the right to demand exact compliance with the terms of this Covenant. 3.5. Severability. Invalidation of any provision of this Covenant, in whole or in part, or any application of a provision of this Covenant by judgment or court order shall in no way affect other provisions or applications. 4 3.6. Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 3.7. Successors. Any reference to Declarants shall include the heirs, successors and assigns of Declarants, including the ultimate Developer(s) of the Property and the Master Property Owners Association for Autumn Hall and their successors and assigns, and any reference to the District shall include the successors and assigns of the District. By execution of this Covenant, the Declarants shall not be deemed the developers of the Property. 3.8. Declarant Assignment. Upon conveyance of all or any portion of the Conservation Areas, all liabilities and obligations of Declarants hereunder shall terminate as to Declarants for all acts and matters after the conveyance with respect to the part conveyed. Such assignment and/or conveyance shall not require the consent or approval of the District or any other party. Furthermore, the Declarants hereunder, being the initial Declarants, intend to assign their obligations hereunder to one or more entities that will develop the Autumn Hall mixed use community. 3.9. Reference of the Covenant in the Master Covenants for the Autumn Hall Mixed- Use Community. This Covenant shall be referenced in the Master Declaration and Covenants for the entire Autumn Hall Mixed-Use Community ("Master Declaration"), which Master Declaration shall vest the Autumn Hall Master Property Owners Association, Inc., with authority to enforce this Covenant. Additionally, all Conservation Areas, as applicable, shall be shown on each final recorded plat(s) for Autumn Hall as required by Section 18-185(h)(5)(x) of the City of Wilmington Land Development Code. Each final plat shall reference this Covenant. IN WITNESS WHEREOF, the undersigned Declarants have executed this Declaration of Covenants for Conservation Areas, as of the date first above written. (SIGNATURE AND ACKNOWLEDGEMENT PAGES FOLLOW) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 5 SIGNATURE PAGE TO DECLARATION OF COVENANTS DECLARANT: [SEAL] RAIFORD G. TRASK, JR., TRUSTEE under the Raiford G. Trask, Jr. Revocable Trust, and any amendments thereto, dated May 23, 2006 (See Memorandum of the Trust recorded in Book 5042 at Pages 1382-1396 of the New Hanover County Registry) NORTH CAROLINA, NEW HANOVER COUNTY. Place Official I certify that the following person personally appeared before me this Seal below this day, acknowledging to me that he voluntarily signed the foregoing line document for the purpose stated therein and in the capacity indicated (name of principal): RAIFORD G. TRASK, JR., TRUSTEE under the Raiford G. Trask, Jr. Revocable Trust, and any amendments thereto, dated May 23, 2006 (See Memorandum of the Trust recorded in Book 5042 at Pages 1382-1396 of the New Hanover County Registry) Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: (ADDITIONAL SIGNATURE PAGES FOLLOV~ 6 SIGNATURE PAGE TO DECLARATION OF COVENANTS DECLARANT: [SEAL] ETHEL TRASK COUPLAND, TRUSTEE under the Ethel Trask Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005 (See Memorandum of the Trust recorded in Book 5141 at Pages 1016-1026 of the New Hanover County Registry) NORTH CAROLINA, NEW HANOVER COUNTY. Place Official Seal below this line I certify that the following person personally appeared before me this day, acknowledging to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated (name of principal): ETHEL TRASK COUPLAND, TRUSTEE under the Ethel Trask Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005 (See Memorandum of the Trust recorded in Book 5141 at Pages 1016-1026 of the New Hanover County Registry). Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: (ADDITIONAL SIGNATURE PAGES FOLLOW SIGNATURE PAGE TO DECLARATION OF COVENANTS DECLARANT: [SEAL] D. WEBSTER TRASK NORTH CAROLINA, NEW HANOVER COUNTY. Place Official Seal below this line I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated (name of principal): D. WEBSTER TRASK Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: (ADDITIONAL SIGNATURE PAGE FOLLOWS) 8 SIGNATURE PAGE TO DECLARATION OF COVENANTS DECLARANT: [SEAL] JULIA C. TRASK Place Official Seal below this line NORTH CAROLINA, NEW HANOVER COUNTY. I certify that the following person personally appeared before me this day, acknowledging to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated (name of principal): JULIA G TRASK Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: 9 INSTRUMENT PREPARED BY: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Thomas C. Pollard City Attorney Post Office Box 1810 Wilmington, NC 28402 Telephone (910) 341-7820 GENERAL UTILITY MAINTENANCE EASEMENT PIN 3148-88-6272.000 1202 Eastwood Road, Wilmington, N.C. THIS GRANT OF EASEMENT, executed this day of February, 2007, by and between RAIFORD G. TRASK, JR., TRUSTEE under the Raiford G. Trask, Jr. Revocable Trust, and any amendments thereto, dated May 23, 2006 (See Memorandum of the Trust recorded in Book 5042 at Pages 1382-1396 of the New Hanover County Registry), ETHEL TRASK COUPLAND, TRUSTEE under the Ethel Trask Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005 (see Memorandum of the Trust recorded in Book 5141 at Pages 1016-1026 of the New Hanover County Registry), and D. WEBSTER TRASK and wife, JULIA C. TRASK, of Wilmington, North Carolina, parties of the first part (hereinafter referred to as the "GRANTORS,"), and the CITY OF WILMINGTON, a municipal corporation organized and existing under the laws of the State of North Carolina, whose mailing address is Post Office Box 1810, Wilmington, North Carolina 28402 (hereinafter referred to as "GRANTEE"); [The designations Grantors 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.] WITNESSETH: FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other valuable consideration paid by the GRANTEE to the GRANTORS, receipt of which is hereby acknowledged, the GRANTORS have granted and by these presents do hereby grant unto the GRANTEE, its successors and assigns, the right, privilege and perpetual right-of--way and nonexclusive easement over, through, under and upon the 25-foot wide Drainage Easement area hereinafter described for the purpose of inspecting and maintaining the natural stream system of Two-Mile Branch, including the stream banks ("Stream"), for drainage purposes ("Drainage Easement"), said premises being a certain parcel or tract of land located in New Hanover County, North Carolina, and more particularly described as follows: Easement Area: A strip of land twenty-five (25) feet in width extending westward from and adjacent to the center line of Two-Mile Branch onto the property of the GRANTORS, as shown on a Map entitled "Wetland Preservation Map of Autumn Hall," dated February 2007 and recorded in Map Book at Page of the New Hanover County Registry, prepared by Arnold W. Carson, PLS, lying and being in the City of Wilmington, North Carolina (the "Wetlands Plat"). The beginning point of this easement is where Two-Mile Branch intersects Rogersville Road (the Northeastern most corner of the Duck Haven Golf Course Tract" as shown on a Map of the Duck Haven Golf Course Tract recorded in Map Book 41 at Page 33 of the New Hanover County Registry) and designated as Point "A" on the Wetlands Plat, and runs southwardly along the Eastern Property line of the Duck Haven Golf Course Tract (which property line is the centerline of Two-Mile Branch) to the point of intersection of Two-Mile Branch with the East Prong of Bradley Creek, which point coincides with the point of intersection of the southern and eastern property lines of the Duck Haven Golf Course Tract as shown on the above referenced Wetlands Plat (which point is the southeastern most corner of the Duck Haven Golf Course Tract) and designated as Point "B" on the Wetlands Plat. TO HAVE AND TO HOLD said right-of--way and easement to GRANTEE, its successors and assigns, forever. This right-of--way and easement hereby granted is appurtenant to and runs with the remainder of the land owned by Grantors as shown on the above referenced maps. The GRANTORS reserve the right to use the Drainage Easement within the easement area so long as such easements do not materially interfere with the GRANTEE'S use of the easement area and the rights granted herein. The GRANTEE agrees that the activities permitted 2 by this Drainage Easement shall include visual inspection and the use of hand labor to remove obstructions, including trees and vegetation, from the stream. The GRANTEE shall not use any vehicles within the easement area. All maintenance activities shall be performed in an environmentally sound manner. The GRANTEE shall at all times have the right to keep the area of the perpetual easement and right-of--way clear of all buildings or structures, or to remove those portions of trees, shrubs, bushes, stumps, exposed roots, undergrowth, or other vegetation as will in its judgment interfere with the purposes of this Drainage Easement. The GRANTEE shall endeavor to remove only that vegetation which, in its judgment, causes a reasonable threat to the flow and drainage of the Stream. The GRANTEE shall not undertake any earth-moving or land disturbing activity. Any vegetation cleared by GRANTEE shall be removed from the stream banks. The GRANTORS expressly promise and agree not to construct or allow to be constructed any building, structure or other improvement, or to otherwise permit encroachment or interference with the GRANTEE'S rights hereunder except as provided herein. It is expressly understood and agreed, however, that the GRANTORS, their heirs, successors and assigns, shall retain the right to cultivate the ground lying within the boundaries of the right-of--way and use said easement for any other lawful purpose; provided, however, that such cultivation or use shall not be inconsistent with the rights herein granted to the GRANTEE, and GRANTEE shall not be liable for any damages or loss due to the exercise of its rights hereunder within its easement and right-of--way. For the purpose of inspecting and maintaining the above-described stream, the GRANTEE shall have the right of ingress to and egress from the Drainage Easement over such private roads, alleys, ways or paths (hereinafter collectively referred to as "private roads") as may now or hereafter exist on the property of the GRANTORS. Any damages resulting to such private roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTORS or their heirs, successors and assigns to shift, relocate, close or abandon such private roads at any time and in their sole discretion. If there are no public or private roads reasonably convenient to the easement and right-of--way, the GRANTEE shall have such right of ingress and egress over the GRANTORS' property adjacent to the easement and right-of--way in such manner as shall occasion the least practicable damages and inconvenience to the GRANTORS and where GRANTORS may designate from time to time. The GRANTEE shall be liable for any consequential damages directly resulting from its exercise of the right of ingress and egress over adjoining property. Said GRANTORS covenant and warrant that they are lawfully seized and possessed of the property described above; and that they have good right and lawful authority to convey said easement for the purposes herein expressed; and that GRANTORS for their heirs, successors, executors, administrators, and assigns covenant that they will warrant and defend said Drainage Easement against any and all claims and demands whatsoever, except for encumbrances of record. 3 This Drainage Easement is expressly subject and subordinate to that certain 40-Foot Wide Sewer Utility Easement to the New Hanover County Water and Sewer District previously granted to the New Hanover County Water and Sewer District by that certain Easement dated October 1, 1985 and recorded on February 14, 1986 in Book 1318 at Page 255 in the New Hanover County Registry, which Sewer Easement is shown on a map recorded on February 13, 1986, in Map Book 25 at Page 162 of the New Hanover County Registry. IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and seals, the day and year first above written. APPROVED AS TO FORM: City Attorney (SIGNATURE AND ACKNOWLEDGEMENT PAGES FOLLOW) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4 SIGNATURE PAGE TO GRANT OF EASEMENT GRANTOR: [SEAL] RAIFORD G. TRASK, JR., TRUSTEE under the Raiford G. Trask, Jr. Revocable Trust, and any amendments thereto, dated May 23, 2006 (See Memorandum of the Trust recorded in Book 5042 at Pages 1382-1396 of the New Hanover County Registry) Place Official Seal below this line NORTH CAROLINA, NEW HANOVER COUNTY. I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated (name of principal): RAIFORD G. TRASK, JR., TRUSTEE under the Raiford G. Trask, Jr. Revocable Trust, and any amendments thereto, dated May 23, 2006 (See Memorandum of the Trust recorded in Book 5042 at Pages 1382- 1396 of the New Hanover County Registry) Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: (ADDITIONAL SIGNATURE PAGES FOLLOW) 5 SIGNATURE PAGE TO GRANT OF EASEMENT GRANTOR: [SEAL] ETHEL TRASK COUPLAND, TRUSTEE under the Ethel Trask Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005 (See Memorandum of the Trust recorded in Book 5141 at Pages 1016-1026 of the New Hanover County Registry) NORTH CAROLINA, NEW HANOVER COUNTY. I certify that the following person personally appeared before me this Place Official Seal below this line day, acknowledging to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated (name of principal): ETHEL T. COUPLAND, TRUSTEE under the Ethel Trask Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005 (See Memorandum of the Trust recorded in Book 5141 at Pages 1016- 1026 of the New Hanover County Registry) Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: (ADDITIONAL SIGNATURE PAGES FOLLOW) 6 SIGNATURE PAGE TO GRANT OF EASEMENT GRANTOR: [SEAL] D. WEBSTER TRASK NORTH CAROLINA, NEW HANOVER COUNTY. I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing Place Official document for the purpose stated therein and in the capacity indicated Seal below this (name of principal): line D. WEBSTER TRASK Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: (ADDITIONAL SIGNATURE PAGE FOLLOWS) 7 SIGNATURE PAGE TO GRANT OF EASEMENT GRANTOR: [SEAL] JULIA C. TRASK Place Official Seal below this line NORTH CAROLINA, NEW HANOVER COUNTY. I certify that the following person personally appeared before me this day, acknowledging to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated (name of principal): JULIA C. TRASK Date: Official Signature of Notary Public (Please sign exactly as Commissioned) Print Name exactly as Commissioned: My Commission expires: L~C~END p . E705TNG CONtliE1E YCNUYENT (CON1fi0L PdNT) Gb ^ .SET CONCRETE YONIYENT 0 • ENSING IRON O .SET IRU7 W 0 . E705BNG RWl ROAD SPIKE °y, 0 + EMISIING SANTARY SENflt YANHOLE !`~ ~Ir-------- se~e'1ot 137477 GPoD(XA70.1) x 16W61.B11e ___~ ssn7at 1e7aeT GRauND '~~~~ Qep ice' Nlpbf III I I ^ ~ ~'~~ ~' 11 9 NM1.ila 11 I ~ ~~ ~~ 1 m 1~y~ ,~~ ~ ~~ ~~ 1 ~~ 111 II1111~~ I 1 I ~~ 111,-~ WWaIIAew+NaNo I II~u ~ NiallNtal 1 1 I_3^~Wp'1. i 1~ I 111• oA' bSIU I 1 ~ ~•¢L4"M 1 , I 1 I Y1 Y~1r~ I I 1 V l~ I I /~ I '°°`Y~@'rorsol rt1 ~ _ I N I 111 I ~ ~~ 1 11~°Ag 111 ~ lV I '~~~~ 1~ 11 I I Il I 11 I I ~ 1 III V 11~ 1 11 II111~ I 11 YI 1 ,_ I ~11~- ~~1 ~,~r ~' I~~f9 ~~1'I~I~~~ ~ ~~ ~~ "~ i' '' NEW NANOIBB L01A1'7Y HdIM CAhl7NA NO7ES I. 7Yl7AL 97E AREA .12871 AGf. F8ID A1W REp31RA7NN ON ME _DAY ff 2a A7~L2PY E AAD dAY REC471ED N YAP BOLW_~IT PA9E MIAL IE11.YD NP ~ B7J AGY (OU/31F FA9EA'iJ RIiAC NE8AW3 N Y81C EAgYpl1 ARE) • 049 AC3 TOTAL IE8.VD3 N 44W V/W7Y EA491p1T AREA • 203 AC3 1 6YY 1RAC75 ARF COGk'D N I4W X! '1E' A'FffLCA L pR6'8AN A i0 ~ ~ ~ w F REp57ER ff ~5 cY nff NT A 11AA41 07 8000 N4APANLE RAIF YAP, Cd1A817Y-PANELS BC J7N7NTD J OA7ID 1/7/A7 AA0 7724713700 J OA1ID 1/5/08 ----------1E------ EASPN0017 ROAM ------D,~I,~,T- LLS_MW ?9 - ---------------- 27 PUBLIC ACCE35 ANO NAINLEHANCE FASENENI Em ff va36NU-1w MAP BmC 19, PAd: 369 u4ux¢s 9.5]5,545 sq.N. 226 7 i ssres ii9i1 27 PUBLIC ACCESS A!D MAINTEN9NCE EASEIfl7T INf? BOff01( 19V~PK# ~9 __~~ z7 PULIC ACCESS AND MAMIENANCE EASEMENT CITY ff V6ABIDiON NAP B®( 49, PAd: 369 ~,~~~ BLUE LINE ~~~~ STREAM IMPACT A 147.00 LF EMisnxG roxa 4 B 108.00 LF WATERS OF rxE /uxirso 7rnrr, N y PRESERVED BLUE =4 LINE STREAM l (FILLY Qa SffE) .. ..; p- .. >_ :::~ ~ ~ xov~uusaaiaxAl ortcn 1598.47 LF WAreRSCerI~ ~::~LI~ ` ^a•=~ ..,~ UNIR-5TAr6 BCGN q ewE urvE ~417i TWO MILE BRANCH PARTIALLY PRESERVED EiR&u amruxE 51RfAM 'P ~ (PR[PERTY BDJNDARY) 3140.17 LF TOTAL BLUE LINE STREAMS 4738.84 LF o'I' $TREAM~ Too rz~un"o FOUo 'The 7g1 . 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Trask, Jr. Revocable Trust, a¢d aay ame¢dme¢ts thereto, dated May 23, 2006, ETHEL TRASK COUPLAND, TRUSTEE, uBdeT DLe Ethel Trask Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005, and D. W'EBSI'ER TRASK 1202 EA5IWCOV ROAD VJILMINGION, NC 28A03 7RE7AREt1 pY. w~vol.n w, cn>uoN, TLS, pc <od N>czrn r-uao sr~ei ILMINGTON. NC 28401 RFIONE~. (910> 772911: EAX.C910) 772-9128 IW 1a' 6 ># M1 )16 IWN AUSUIIINNLNEILANDPAE3ER1£-FICDNC