HomeMy WebLinkAbout20090587 Ver 1_More Info Received_20090901LMG
LAND MANAGEMENT GROUP INC.
?MW Environmental Consultants
August 28, 2009
TO: Ms. Joanne Steenhuis
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Oq - 0's 8F)
QQC?¢onr?p
SEP - 1 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
RE: 401 Water Quality Certification Application; Additional Information
Mill Creek Subdivision; Onslow County, NC
DWQ Project # 09-0587
Dear Joanne:
Thank you for your letter dated June 26th, 2009 in which you request additional information for the
401 WQC application that was submitted for the Mill Creek Subdivision. Below is a response to
each of your comments.
The DWQ requests that the wetland flags be reflagged around the areas where the road
drosses through wetlands and areas of adjacent wetland impacts. The DWQ conducted a site
visit on Monday June 22, 2009 and found areas that looked like wetlands had been impacted
with sediment. The DWQ met with David Murphy on site (6122109) and told him about the
area. The DWQ came back on Thursday June 25, 2009 to re-inspect the removal ofsedinzent
within the wetland area. It was very difficult to determine if the impacts had been removed
due to the missing flags and the existing road alignment compared to the proposed road
alignment.
The Corps-approved wetland line has been reestablished in the areas indicated by DWQ. It is our
understanding that you recently visited the site and agreed that this issue is resolved.
2. For wetland impacts #3b, 4, 5, and 6 no pipes are shown on the plan view or cross sections.
To provide for interconnectivity of hydrology between wetlands the DWQ would require
pipes. Please include pipes and modify the permit application accordingly.
Enclosed are revised cross-sections of all wetland impacts including Impacts #3b, 4, 5, and 6 that
show culverts at these crossings. All wetland areas requiring hydrology connectivity now
include culverts. Page 5 of the PCN application has been revised and is enclosed.
3. On Sheet C-1, in Section H around impact #5, the upland islands look as if there are lot lines
on them. There are no proposed impacts showing road crossings to access these areas.
Please address this issue and modify the permit application accordingly.
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
No lots are proposed on these upland islands. The lines were from a previous version of the site plan
and were incorrectly shown on the current plan. The lines have been removed (see enclosed plan).
I hope this response adequately addresses your concerns. Please let me know if you need any
additional information. Thank you for your assistance with this project.
Sincerely,
Ashley Futral
Environmental
Encl.
Mr. Ian McMillan, DWQ
Mr. David Bailey, USACE
Mr. Mark Evans, Mill Creek Developers, LLC
Mr. Justin Lewis, Paramounte Engineering
2
LMG
LAND MANAGEMENT GROUP INC.
"iW Environmental Consultants
August 28, 2009
TO: Mr. David Bailey
USACE
69 Darlington Avenue
Wilmington, NC 28402
RE: Additional Information for the NWP 14 Application
Mill Creek, Onslow County, NC
SAW-2007-2428
Mr. Bailey:
i Pkg IN 0169
SLEP - 1 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Thank you for your email dated July 10, 2009 where you requested additional information or
clarification regarding the Mill Creek project. Below is a response to each of your concerns.
1). The lot layout sent with the original permit application received May 22, 2009 is still a
concern. I did notice the plat showing that houses could forseeably be sited within the lots of
concern I referenced in my previous request. However, due to the number of lots platted with
wetlands within their boundaries and the proximity of lots to those wetlands, I perceive an
appreciable risk for secondary and cumulative wetland impacts once those lots are built out. As
such I recommend the following: a) replat many of the lots such that houses and accesses could
more reasonably be constructed and buyers could be expected to use their lots without impacting
wetlands, or b) provide a preservation document such as Restrictive Covenants consistent with
the USA CE preservation guidance
(http //wtitin?? saw usace arrrly.nzil/WETLANDS/Mitigation/z?reservation.httnl) to provide
protection for the remaining wetlands on site.
The applicant has agreed to place all wetlands within lots into preservation (12 acres). Enclosed
is the draft preservation language to be reviewed by you and Justin McCorkle of the USACE.
Although the applicant does plan to preserve all remaining wetlands in the future, he does not
want the preservation of wetlands located outside of lots to be a requirement of the permit.
Preserving these wetlands will affect an upcoming appraisal of the land, and subsequently, tax
benefits he may receive when the wetlands are preserved. The applicant is willing to buy into the
Hofinann Forest Mitigation Bank at a 1:1 ratio in order to further satisfy mitigation requirements.
We would be happy to meet with Justin and you to discuss this further, if needed.
2). Although non-riparian wetland mitigation is appropriate for the proposed impacts, your
current compensatory mitigation proposal is insufficient. Consistent with our compensatory
mitigation guidance and permitted projects within the Wilmington District, the compensatory
mitigation proposal for wetland impacts should start at 2:1. Compelling irzformatiorz must be
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
submitted to justify a compensatory mitigation ratio less than 2:1. Keep in mind that avoidance
and minimization measures, such as preserving remaining wetlands, will be taken into account
when considering the final compensatory mitigation ratio.
In order to satisfy compensatory mitigation requirements, our client has agreed to place all
wetlands within lots into preservation (12 acres; draft language included) and will buy into the
Hoffman Forest Mitigation Bank at the 1:1 ratio.
3). Avoiding impacts to the stream/wetland complex by bridging crossing # 7 at Mill Creek is
duly noted and appreciated. However I need a better plan view showing the approaches, take
off, and landing of the bridge in relation to the wetland line and the stream. I also need a detail
of the bridge design in terms of what type of bridge it will be, how many bents it will have, etc.
The enclosed bridge crossing plan (#7) and bridge details (B-1) illustrate the bridge position to
the wetland and stream and include bridge design details.
4) The new sewer line temporary impact needs to be shown in greater detail than what is shown
on the Crossing # 8 drawings. I believe that a 30' wide temporary impact corridor is proposed.
It is my experience that the permanently maintained corridor typically only needs to be 10' wide.
If possible reduce the temporary impacts to a 10' wide permanently maintained corridor
including the trenchinglsoil disturbance corridor through the wetland area. I will need another
cross section showing the permanently maintained corridor and clearing limits of the sewer
corridor in wetlands. Further, please include a statement that the wetland area within the
corridor will be returned to pre-construction grade and re-seeded with a wetland seed mix.
Also, are the wetlands within this proposed corridor forested or herbaceous?
The initial construction corridor will be 30' wide and will temporarily impact 0.02 acres of
wetlands. This entire corridor will be returned to natural grade, and re-seeded with a wetland
seed mix, however, a 20'-wide corridor will be permanently maintained and mowed, creating a
permanent conversion in habitat. The additional 10' wide temporary impact area will be allowed
to revegetate naturally (Wetland Crossing #8). The proposed sewer run is shown in Wetland
Crossing #8. The wetlands within the proposed corridor have been impacted due to silvicultural
activities but have since revegetated to a forested state.
5) There are 2 amenity ponds (that I could discern) proposed directly next to crossings 2 and 3.
Please provide information on the depth including cross sections of the ponds to show that they
will not drain the hydrology f om the adjacent wetlands. Also, do these ponds have outlets? If
so where are they? Are there any other ponds proposed?
The ponds previously depicted were from an older version of the site plan. They are no longer
proposed and are not depicted in any of the enclosed figures.
6) We agree with the Division of Water Quality letter dated June 26, 2009, Additional
Information Request # 2. Wetland impacts 3b, 4, 5, and 6 should include pipes for conveyance of
hydrology. Please include pipes and modify the permit accordingly.
Enclosed are revised cross-sections of all wetland impacts including Impacts #3b, 4, 5, and 6 that
2
show culverts at these crossings. All wetland areas requiring hydrology connectivity now include
culverts. Page 5 of the PCN application has been revised and is enclosed.
7) We understand that work has started on the project. Please be aware that no work in
jurisdictional areas has been permitted at this time. Further, sediment washing into
jurisdictional areas may or may not have occurred at this time, but evidence of sediment and
erosion control problems is another indicator that secondary and cumulative impacts to
wetlands could be a concern on this project and will be strongly considered during the
permitting process.
Joanne Steenhuis with DWQ has visited the site and this issue has been addressed.
I hope this information adequately answers your concerns. Please contact me if you have any
additional questions. Thank you for your assistance with this project.
Y,
Ashley Futral
Environmental cientist
Encl.
C: Mr. Ian McMillan, DWQ
Ms. Joanne Steenhuis, DWQ
Mr. Mark Evans, Mill Creek Developers, LLC
Mr. Justin Lewis, Paramounte Engineering
3
OR-05%1
C. Proposed Impacts Inventory
1. Impacts Summary NL5%?:91--u V L!:-i
1 a. Which sections were completed below for your project (check all that apply): j E P - 1 2009
® Wetlands ? Streams - tributaries ? Buffers
DENR -WATER QUALITY
? Open Waters ? Pond Construction WETLANDS AND STORMNATER BRANCH
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
W 1 ®P ? T
Road Crossing Bottomland
Hardwoods ? Yes
®No ® Corps
®DWQ
03
W2 ®P ? T
Road Crossing Bottomland
Hardwoods ? Yes
® No ® Corps
® DWQ
01
W3 ® P ? T Culverted Road Bottomland ? Yes ® Corps 10
Crossing Hardwoods ® No ® DWQ
W4 ®P ? T Culverted Road Bottomland ? Yes ® Corps .03
Crossing Hardwoods ® No ® DWQ
W5 ®P ? T Culverted Road Bottomland ? Yes ® Corps .03
Crossing Hardwoods ® No ® DWQ
W6 ®P ? T Culverted Road Bottomland ? Yes ® Corps 17
Crossing Hardwoods ® No ® DWQ
W8 ? P ®T Utility Placement Bottomland
Hardwoods El Yes
® No ® Corps
® DWQ 02
2g. Total wetland impacts .39
2h. Comments: Road crossing #7 is not included in the impact section of this application since it will be a bridged crossing.
Impact #8 is temporary. 10' feet of the impact is a temporary disturbance corridor area allowed to revegetate naturally while
the other 20' is a temporary impact which will be a permanently maintained corridor.
3. Stream Impacts N/A
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
Page 5 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.
Impacts were minimized by careful site design. Lots were rearranged to reduce impacts, especially near Impacts #3 and
#4. All proposed impacts are final. A bridge will be constructed at Road Crossing #7 to avoid stream impacts. Road
layout utilized existing roadways through wetlands. Crossing #8 will only be a temporary impact.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction of a bridge at Road Crossing #7 will ensure that no equipment will disturb the wetland stream area. Silt
fencing will be used during construction to reduce sediment from eroding into the wetland areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project? Payment will be made to the HFWMB if
wetlands are considered non-riparian. ® Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Hofmann Forest Wetland Mitigation Bank (HFWMB)
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: Credits will not be purchased until notification of wetland type is received from the USACE. The HFWMB has
been notified and they only have non-riparian credits available at this time. Also, all wetlands within lot boundaries will be
placed into preservation in order to eliminate future impacts to wetlands.
4. Complete if Making a Payment to In-lieu Fee Program N/A
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 N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
NO
"
' Bdn
n3Cas
ca
Q) 09L9-16L (016) (O) LOL9-16L (016) IS
A.LNIlOD MO
JN n
.ooc..a,eos a
INNa3 s4V3NS
o9b8z ON' £Ofsz uuljole7 ylloN 'uo7?unall II 'SVHd Po's"" aivo
,
vaa 3av3 ooz l()z ognS `2AiIQ I2Puva10 1165
I
L?' ONIQNFT'I 3H
?IH'32IJ 'IIIY?I NOI1VVCd0zIN1 ONIMVdO N o
1 alms aUxln v
'
` .
.
. j
PIIYV
S2I3dO IHAaQ?19d'IJ
O I I
d
none, nam+iwn3na
o
H.LNf-)ot Nyxd ?T
]}?
T
T
T(?
'I? ? v
W
SNOISIA3ki :NOIIVWLI0IN11N3110 -
" ` `-`HAO
1 `???
`i ?'-
`ay Sf11V1S 103f0>jd
ioor )jd
I
NI
I \
Y Q
P
S
11
mg 4?" ?
I a '
$ x I
g I I
I 3 S '.1 I
I o n _ :I
8 $ r j I
fl 8 +I
to 3 I
I t
I
g _
-. m .I
rv
a ?
3
9 A ? X R ¦
f axf?f? ? $
m ry _ _
w
$$ _ ...
a` ?r
J/ ry
rR ?3
S. F
x ?
s
•`44
O 8
V
j W
1 cn Z
?I O ¦
i?
O
H
U
W
o Iz
oLL
v.-i vi
o LL sz LL a°
U q
o
Q
E
?y} f; mm ?
Q pm 88 04
x-? u,
? a ? m orc g '6a p°m
`tt?G? zLLtt?LL
3c°? ''9i 3rv ?? wwww
a
r m wwww y «a "o
¢w 0
w
V
nnu
lion rc
° r m X
3 0
00
0 3
F w Vrv
FQ-
$
o _ 0o
g
g
ow°
rw
?B
? x0
O u °O ?? p
a
H w z i r 3 i O F f
i^
m
M
U
o w q
a?Swi
. N ?t3 ?Erv EE o
C
m a u~ Ow ar
O O ? iwj•w O
w ? ¢?a3 _ ?l Qo_z'z $ N Tiywfi Ffi
z
0,J
rvo w o o < uw
' ¢
m z
iz 4 a i z z
?
? o <d
ARA
o
m R I. z z 5
zJ
i _
rc Soliw
a iu?7 i aw w
ox
ii i z
0'M a a 3 G
a
0 00 o a. z 3° m
V
N
j
j£
t
II
.I
I
I
0
y
o 12
d
z
5
O
ow
£
O
? Y?
w p Si i 0O a pN WK'S
2 2zo
1 ¢ '
' Z
z O w
K _
w W m Y
m
O f
>R
Wp pS
z
m
O
0 y
p -
w
?
J???O
?rvOV° d,
ww? nw
r°
w F a Q b
y
?a
m ' z
`
w
o ul°o
..
i q?
a<
< -
?
3 ? z
A o
?' m
° 300
g
v
A 3 ? •
a" •
¦
x .
2 .9 / N o
N o ..,
N Q'
/ W
401
CROSS SEC
WETLAND IMPACT 280
1,194 SF (0.03 Ac.)
\ 279
ON #1 \ \
PROPOSED w
SANITARY SEWER O0 I \
+
0
400 0 \
RC 38+15.25 \ \ \
278
PROPOSED PROPOSED
RIGHT OF WAY LINE WATER MAIN
cl)
399 I ..
WETLAND CROSSING #1-PLAN
HORIZONTAL SCALE: 1"=50'
30
2'
`
I z I
Lij
z p
w1 z z Iw
z J
I w r
O
w o
C)
-r ?A I? 2c
Z - I ? 3
I D
PROPOSE I V
I GRADE C I If
EXISTING
GRADE
2(
1 TIE SLOPE
'YP.)
IETLAND
(PACT AREA
ROPOSED
VATER MAIN
-50 0 +50
WETLAND CROSSING #1 - CROSS 8EC110N
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: 1"=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1"=50'
Date : 03/26/09
_ .. .. _ . ._.. e . - Scale: 1.=501 MILL CREEK DEVELOPERS, LLC
PA RA M O UNTE Drawn: CWM 200 CAPE FEAR CIRCLE SUITE 1
rv c=s t N # r.ca t r4 i rtt cs_ Ch k: rcC SNEADS FERRY, NC 28460
Prof. No: 07128.PE
:r y
N
390
41
o PROPOSED 389
OF WAY LINE
o C TI
T?' N
N WETLAND IMPACT
608 SF (0.01 Ac.)
CROSS SECTION #2
355 PROPOSED y
WATER MAIN d
O
SO
WETLAND CROSSING #2 - PLAN
HORIZONTAL SCALE: 1"=50'
30 30
W
W
EXISTING
GRADE
25 3:1 TIE SLOPE
(TYP.) PROPOSED
WETLAND GRADE
IMPACT AREA
20 20
PROPOSED
WATER MAIN
-50 0 +50
WETLAND CROSSING #2 - CROSS SECTION
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: 1"=5'
GRAPHIC SCALE
0 5 50 100 150
SCALE: 1"=50'
Date : 03/26/09
Scale: =501 MILL CREEK DEVELOPERS, LLC
F v RA N40 UNT Drawn: CWM 200 CAPE FEAR CIRCLE SUITE 1
cnk: TGC SNEADS FERRY, NC 28460
t N' N r. c N s,, . ?, E
Proj. No: 07128.PE
z
Wl 1W
z z o: z
I J I
r
O W W O
tY ( ? m-4
j J
25
i
OPEN
SPACE I 380
r
PROPOSED N PROPOSED
E, M IN SANITARY SEWER
359 w
N
WETLAND IMPACT
4,350 SF (0.10 Ac.)
2 CROSS SECTION #3 ??
358
LZ OZ =1d
'z
° 25
w ?Ss ?" s M
0 0 N\'
f?
WETLAND CROSSING #3 - PLAN
HORIZONTAL SCALE: 1"=50'
PROPOSED GRADE
WETLAND
IMPACT AREA
ROAD Q,
/ 50 R?
3:1 TIE SLOPE
(TYP.)
EXISTING GRADE
DPOSED 84LF 18"
III RCP @ 1.9%
IN=23.41'
OUT=21.77'
-50 0 +50
WETLAND CROSSING 4 3a CROSS SECTION
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: 1"=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1"=50'
Date : 03/26/09
Scale: 111=50' MILL CREEK DEVELOPERS, LLC
DARAMOUNTE Drawn : Cwm 200 CAPE FEAR CIRCLE SUITE I
G N C> 1 N c- L R N ?.. N G Chk: TGC SNEADS FERRY, NC 28460
Proj. No: 07128.PE
\ 358
357
N O c,
ROSS SECTI N 3 C)
W O
1+Z' W WN m
n
ROAD. a
50' al?w z
4t
' Gi S SS
WERAND CROSSING f 3 PLAN
HORIZONTAL SCALE: 1"=50'
3:1 TIE SLOPE
(TYP.)
WETLAND
IMPACT AREA
PROPOSED
GRADE
EXISTING
GRADE
PROPOSED 124LF 18"
III RCP @ 0.57%
/ IN=20.89'
/ OUT=20.17'
-75 -50 0 +50 +75
WERAND CROSSING # 3b CROSS SECTION
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: 1"=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1 °=50'
Date : 03/26/09
Scale: 1"=50' MILL CREEK DEVELOPERS, LLC
/ `RA Mtnti„_JNTE Drawn: CWM 200 CAPE FEAR CIRCLE SUITE I
111 Cnk: TGC SNEADS FERRY, NC 28460
Proj, No: 07128.PE
359
WETLAND IMPACT__,
4,350 SF (0.10 Ac.}
i
ti OPEN SPACE,
C7
252
C,
I O 3-
WETLAND IMPACT LL WETLAND IMPACT
405 SF (0.01 Ac.) 656 SF (0.02 Ac.)
S S
CT # 4
?/ ?
a y
190 1
9
9 3
- - a
Os
PROPOSED N w
FORCE MAIN p
Ai
o P ROPOSED 279
401 WATER MAIN
J
278
WETLAND CROSSING f 4 PLAN
HORIZONTAL SCALE: 1"=50'
25 w w 25
' >J
01
? C"
3:1 TIE SLOPE PROPOSED
(TYP.) GRADE
20 1 ( 20
WETLAND IMPACT w w
AREA (TYP.) Z w Z
= I EXISTING
J z
' GRADE
? J 0
PROPOSED Q w z PROPOSED
FORCE MAIN w z w WATER MAIN
W
15 3: 013: 15
PROP OSED
56 LF 18" RCP @ 1.4%
INV IN =20.77'
INV O UT =19.94'
-50 0 +50
WE UND CROSSING 14 CROSS SEC11ON
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: V=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1"=50'
Date : 03/26/09
Scale: 11.=50' MILL CREEK DEVELOPERS, LLC
? R 11' f? 1 k_ ! TT Drawn: CWm 200 CAPE FEAR CIRCLE SUITE I
Chk: TGC SNEADS FERRY, NC 28460
L N G i N G G P2 I I N G.
Proj. No: 07128.PE
3C
3:1 TIE SLOPE -
(TYP.)
2E
WETLAND IMPACT-
AREA (TYP.)
EXISTING
GRADE
2C
z z _ z
OI W 001
U I
I
_I I
I
z Z?
O
Q
~ o
Q
~
30
-PROPOSED
GRADE
!5
-PROPOSED
70 LF 30" RCP @ 3.4%
INV IN =22.37'
INV OUT =19.96'
)0
-50 0 +50
WETLAND CROSSING # 5 CROSS SECTION
HORIZONTAL SCALL: 1 "=50'
VERTICAL SCALE: 1"=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1"=50'
Date : 03/26/09
Scale: V=50' MILL CREEK DEVELOPERS, LLC
?J Drawn: CWM 200 CAPE FEAR CIRCLE SUITE I
JL 'c ]k
Cnk: Tcc SNEADS FERRY, NC 28460
r_ c m ( rv c t N c
N c t N
Proj. No: 07128.PE
o f
o
lz?
Q ?
WETLAND IMPACT
7,580 SF (0.17 Ac.)
ao N6
44
0
WETLAND CROSSING 16 PLAN
HORIZONTAL SCALE: 1 "=50'
35
w1- 35
z _ UJI PROPOSED
JI GRADE
3:1 TIE SLOPEc
(TYP.)?K
30 ` 30
WETLAND IMPACT EXISTING
_I I GRADE
AREA (TYP.) I 1
I 1
25 25
PROPOSED 56LF 18"
CL III RCP @ 1.0%
INV IN=30.06'
INV OUT=2 .42'
-50 0 +50
WETLAND CROSSING q 6 CROSS SECTION
HORIZONTAL SCALE: 1 "=50'
VERTICAL SCALE: 1"=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1"=50'
Date : 04/13/09
Scale: 1"=50' MILL CREEK DEVELOPERS, LLC
P'AR MOLTI` T
Drawn : cwM 200 CAPE FEAR CIRCLE SUITE 1
L- N C„ 1 r„ cr-, R, N t N c Cnk: TGC SNEADS FERRY, NC 28460
Proj. No: 07128.PE
0
0
+
N
0?
O
O
1 41'
BRIDGE CROSSING (MILL CREEK) *7 - PLAN
HORIZONTAL SCALE: 1"=50'
20
PROPOSED-
BRIDGE CROSSING
1;
1C
1
z lij ZI J
Of
JI w WI
z
JI
1 1
_ 0
L W
OI 0
-I
1
20
15
EXISTING
GRADE
10
-50 0 +50
BRIDGE CROSSING (MILL CREEK) 07 - CROSS SECTION
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: 1'.=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1"=50'
Date : 03/26/09
Drawn: 1°=50' MILL CREEK DEVELOPERS, LLC
D A RA M O ?„?1 CWm 200 CAPE FEAR CIRCLE SUITE I
I-"(-- r NE:V-" I N<--. IN E C Chk: TGC SNEADS FERRY NC 28460
Proj. No: 07128.PE
A:
AND TO BE ALLOWED TO
3ETATE NATURALLY
2
EXISTING
GRADE
1
10' TEMPORARY
IMPACT AREA (TO
BE ALLOWED TO
REVEGETATE
NATURALLY)
WETLAND CROSSING #8 - PLAN
HORIZONTAL SCALE: 1"=50'
5 - 25
W : W
z :.. ,
. z
J , _1
W W
W .;
` W
5 - Q Q -- 15
W w
1
5 5
P
S
7
JdY. /
20' TEMPORARY
WETLAND IMPACT AREA
(TO BE A PERMANENTLY
MAINTAINED CORRIDOR
ROPOSED
EWER RUN
-50 0 +50
WETLAND CROSSING #8 - CROSS SECTION
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: 1"=5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1 °=50'
Date : 04/13/09
J? RA M O T -? E Drape: Wm MILL CREEK DEVELOPERS, LLC
?,! ?.1 Drawn : CwM 200 CAPE FEAR CIRCLE SUITE 1
t=_ (-{ 1 N t o k N Chk: TGC SNEADS FERRY, NC 28460
Proj. No: 07128.PE
9VSZ-D:# asuaol? ON ON `AINnoo MOISNO
°s (J) 09L9-LU (OL6) (0) LOL9-L6L (066) 11 3SVHd a '
oynsZ ON'Adal-4 SCIVgNS E068Z eu!IOJ80 uuoN `uoK6ulwl!M
I all C1S nodiJ livaj advi ooz LOZ aps'anua lapueal0 L L69 >I332JO IIIIN IV ONIONVI 3Hl NOLLVW210dN1 gNIM\4J0 ?
,z D-11r `sxaao'tanaa xaax? IIiw
t
s
I_r
1
ff{f j'-y?
T t? ??
f
` {I
1
1
.1
'1
K ?Ah,
"
L
J
? [ 1. 3..1.
?I.
+3 ',-?17
w
J
Q
U
rn
0
F-
I-
0
z
s
M
i. a
i'
Li
C4 I
w f Jl
9 c? C?
_- 3
w
u;
z ? k1
W s-y.
xa
1 r Ca
F-
1 4(
tl 1
i ?
7 ?
.3 k
G1 ? I
} 17.1
. ,
w
.
?, ? ? I t ? Sri 5 i
y I y,^ t '? 't ???
3
? rr
I r' ss?
,
I
1 V. tl t `
I
I s •?
r
1 4 I
%
- ?1
k
- ? ? ? 1 1'.t=K
_ 4 I
1 I• _
r ?__? i IIS f ?-Y `?
7 ?
I 1 .`
1
( I f1 -`'N
4 t"
,
Prepared by: ERWIN, SIMPSON & STROUD, PLLC
825 Gum Branch Road, Suite 115
Jacksonville, NC 28540
Index in the Grantor Book
LANDING AT MILL CREEK
CNYA INVESTMENTS (NC), LLC
MILL CREEK DEVELOPMENT CORPORATION, INC.
LANDING AT MILL CREEK ARCHITECTURAL CONTROL COMMITTEE
THE LANDING AT MILL CREEK COMMUNITY SERVICES ASSOCIATION, INC.
STATE OF NORTH CAROLINA
ONSLOW COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Conservation Easement") is made on this day of SEPTEMBER,
2009, by CNYA INVESTMENTS (NC), LLC and MILL CREEK DEVELOPMENT
CORPORATION, INC., ("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property) being approximately acres, more particularly described in Exhibit A attached hereto
and by this reference incorporated herein; and
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
B. 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 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 SAW-2007-02428 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 L PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its 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, pier, landing, dock or any other temporary or permanent structure or facility
on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, 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 Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, hanning, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the property.
G. Si na e. No signs shall be permitted on or over the Property, except the posting
of no trespassing signs, signs identifying the conservation values 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 on 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. 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.
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.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially
in its natural condition, or the protection of its 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 ofAmerica, U.S. ArmyCorps of Engineers,
Wilmington District, and therefore may be enforced by the United States of America. This covenant
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
3
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 Property is 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.
Declarant, for itself, its successors and assigns, agrees that 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
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
4
such provision to persons or circumstances other than those as to which it is found to be invalid,
shall not be affected thereby.
C. Recordinia. Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of Onslow 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 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, as the above date, Grantor (whether person, corporation, limited
liability company, general partnership, limited partnership, or other entity) has signed this instrument
in the ordinary course of business, by the signature(s) below if its duly authorized representative(s),
as the act of such entity.
CNYA INVESTMENTS (NC), LLC
BY:
MARK S. EVANS, Manager
MILL CREEK DEVELOPMENT CORPORATION, INC.
BY:
MARK S. EVANS, PRESIDENT
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephope: (910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Onslow County
North Carolina
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in
the capacity indicated: MARK S. EVANS (for CNYA INVESTMENTS (NC), LLC)
Date:
(Official Signature of Notary)
(Notary's printed or typed name)
(Official Seal)
My commission expires:
Notary Public
Onslow County
North Carolina
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that
he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: MARK S. EVANS (for Mill Creek Development Corporation, Inc.)
Date:
(Official Signature of Notary)
(Notary's printed or typed name)
(Official Seal)
My commission expires:
Notary Public
r:/ rescovs /conserv RC pref 032008.wpd
K:\EVANS,MARK\MILLCREEK\RC\CONSERV RC MILL CREEK 11 080309 080409fwe
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
6
EXHIBIT A
Being all of that property depicted and shown on that plat entitled "Wetlands
Delineation for Lots at The Landing at Mill Creek," date ,
and recorded in Map Book , Page , Onslow County Registry.
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
7