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HomeMy WebLinkAbout08-185 i i k1 i 1 to 1<0E,7�.;A t5 State of Illinois) County of Kane) �iANliY WEGMAN y ) kE'C:ORDEh - KANE :OUN;Y, �L City of Elgin ) CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 08-185 RESOLUTION AUTHORIZING EXECUTION OF A DECLARATION OF WETLANDS DEED RESTRICTIONS AND COVENANTS WITH PULTE HOME CORPORATION adopted by the Elgin City Council at its legally convened meeting held on August 13, 2008. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this August 20, 2008. Ni OF ¢ y V. Diane Robertso City Clerk r Will 4? r�T (SE•'' ED FEt This instrument prepared by: Return to: 0.1J-6 William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 • Resolution No. 08-185 RESOLUTION AUTHORIZING EXECUTION OF A DECLARATION OF WETLANDS DEED RESTRICTIONS AND COVENANTS WITH PULTE HOME CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Declaration of Wetlands Deed Restrictions and Covenants on behalf of the City of Elgin with Pulte Home Corporation, a copy of which is attached hereto and made a part hereof by reference. s/Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk (FOR RECORDER'S USE ONLY) DECLARATION OF WETLANDS DEED RESTRICTIONS AND COVENANTS WHEREAS, Pulte Home Corporation, a Michigan corporation ("Pulte"), and the City of Elgin, an Illinois municipal corporation (the "City"; Pulte and City are hereinafter collectively referred to as "Declarant"), are the respective owners in fee simple of certain real property (hereinafter called the "Restricted Property"), which property is located in Elgin, Kane County, Illinois and legally described on Exhibit A attached hereto (the portions of the Restricted Property owned respectively by Pulte and the City are indicated on Exhibit A); and WHEREAS, the Restricted Property contains wetlands and/or wetland buffers under the regulatory jurisdiction of the Chicago District of the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act (33 USC 1344); and WHEREAS, Pulte is the permitee under that certain Department of the Army permit number 200300510 dated November 13, 2003 (the "Permit") issued by the Chicago District of the U.S. Army Corps of Engineers, a true and complete copy of which is attached hereto as Exhibit B, to discharge materials into portions of the Restricted Property in connection with the construction of certain Permitted Improvements (defined below) and to mitigate on-site wetland impacts in connection with the construction of a residential development known as The Reserve in accordance with plans which form a part of the Permit; and WHEREAS, Pulte and the U.S. Army Corps of Engineers have reached an agreement whereby Pulte will be permitted to construct the Permitted Improvements in accordance with the terms and conditions of the Permit and Declarant shall convey the Restricted Property(except for the portions of the Restricted Property owned by the City) to the Forest Preserve District of Kane County, Illinois (the "Forest Preserve District") pursuant to the conditions set forth in the Permit for the management, protection and maintenance of such portions of the Restricted Property in perpetuity, in accordance with the terms and conditions of this document and the Permit; and WHEREAS, the Permit would not have been granted but for the dedication of the Restricted Property for environmental mitigation; Pulte shall submit to the U.S. Army Corps of Engineers a certified copy of this document as recorded in the office of the County Recorder for CH01/12340583.4 Kane County, Illinois; and Pulte specifically acknowledges as fact that said Permit issued in consideration for the execution and recording of this document and compliance with the covenants and deed restrictions herein. NOW, THEREFORE, Declarant, for and in consideration of the facts recited above, hereby declares the following covenants and restrictions with respect to the Restricted Property on behalf of itself and its successors and assigns: 1. The U.S. Army Corps of Engineers will have the right to enforce by proceedings in law or equity the covenants and deed restrictions set out herein and this right shall not be waived by one or more incidents of failure to enforce said right. 2. Employees of the U.S. Army Corps of Engineers will have the right to view and enter Restricted Property at all reasonable times for the purpose of inspecting Restricted Property to determine if Declarant, or its successors or assigns, is complying with the covenants and deed restrictions herein. 3. Without prior express written consent from the U.S. Army Corps of Engineers, there shall be no dredged or fill material placed on Restricted Property except as necessary for completion of mitigation as provided pursuant to the Permit, or to prevent loss of life, injury or property damage, or in connection with the construction of the following improvements within the Restricted Area (collectively the "Permitted Improvements"): (i) a bicycle path approximately 10 feet in width and 3,375 feet in length; (ii) water mains, interceptor sanitary sewer mains and related equipment and other public and private utility infrastructure improvements located within public utility easement areas depicted on that certain Final Plat of The Reserve, recorded on April 13, 2004 with the Kane County, Illinois Recorder of Deeds as Document No. 2004K044951 and that certain Final Plat of Reserve, Phase 2, recorded on June 12, 2007 as Document No. 2007K062187; (iii) existing roadway improvements for Reserve Drive; and (iv) informational signs as required by the Permit and such other directional signs and informational signs as required in the reasonable judgement of the Forest Preserve District with respect to those portions of the Restricted Property that it will own. 4. Without prior express written consent from the U.S. Army Corps of Engineers there shall be no commercial, industrial, agricultural, residential buildings, including but not limited to billboards, or other advertising material, except for the Permitted Improvements. 5. Without prior express written consent from the U.S. Army Corps of Engineers there shall be no removal or destruction of trees or plants, mowing, draining, plowing, mining, removal of topsoil, sand, rock, gravel, minerals or other material except as necessary for completion of mitigation or in connection with the construction, maintenance, repair and replacement of the Permitted Improvements pursuant to the Permit and the associated special conditions. -2- CHOl/12340583.4 6. Without prior express written consent from the U.S. Army Corps of Engineers, there shall be no operation of snowmobiles, dunebuggies, motorcycles, all-terrain vehicles or any other types of motorized vehicles, except as necessary for completion of mitigation as provided pursuant to the Permit, or in connection with the construction, maintenance, repair and replacement of the Permitted Improvements pursuant to the Permit and the associated special conditions. 7. Without prior express written consent from the U.S. Army Corps of Engineers, there shall be no application of insecticides or herbicides except as specified by the Permit or except as necessary for completion of wetland mitigation or restoration. 8. Without prior express written consent from the U.S. Army Corps of Engineers, there shall be no grazing or keeping of cattle, sheep, horses or other livestock. 9. Without prior express written consent from the U.S. Army Corps of Engineers, there shall be no hunting or trapping on the Restricted Property. 10. Without prior express written consent from the U.S. Army Corps of Engineers, there shall be no onsite modifications to the hydrology of the Restricted Property that would allow more water onto, or that would drain water away from, the Restricted Property. Such prohibited modifications include,but are not limited to: ditching, changes to any water control structures or drainage tiles, or alterations to any naturally occurring structures, except as specified by the Permit. 11. Pulte hereby covenants and agrees to transfer and convey, either by deed or by dedication, the portions of the Restricted Property that it owns to the Forest Preserve District for the purpose of the long-term management of the Restricted Property as a natural area. These land use restrictions and other terms of these deed restrictions and covenants may be changed, modified or revoked only upon written approval of the U.S. Army Corps of Engineers. To be effective such approval must be witnessed, authenticated and recorded pursuant to the law of the State of Illinois. Except as expressly limited herein, Pulte and the City each reserves for itself, its successors and assigns, all Restricted Property that it owns, including the right to use the property for all purposes not inconsistent with this Declaration. The terms and conditions of these deed restrictions and covenants shall, as of the date of execution of this document, bind Declarant, and each of them to the extent of its legal and/or equitable interest in Restricted Property; and these deed restrictions and covenants shall run with the land and be binding on Declarant and their respective successors and assigns forever. The terms and conditions of these deed restrictions and covenants shall be both explicitly included in any transfer, conveyance or encumbrance of Restricted Property or any part thereof; and any instrument of transfer, conveyance or encumbrance affecting all or any part of Restricted Property shall set forth the terms and conditions of this document. -3- CHO1/12340583.4 IN WITNESS WHEREOF, Declarant has caused its name to be signed to these presents by its duly authorized Attorneys-in-Fact, this 7,30� day of S3U. t , 2008. PULTE HOME CORPORATION By: - and - By: v / Its: Attorneys-in-Fact CITY OF ELGIN,ILLINOIS By:` AV_ Name: C Its: Mayor ATTEST: BY: �� \ 4C City Clerk This Instrument was Prepared By and Return to After Recording: Drinker Biddle &Reath LLP 191 North Wacker Drive Suite 3700 Chicago, IL 60606 Attention: William L. Goldbeck -5- CH01/12340583.4 STATE OF ILLINOIS ) ) SS COUNTY OF GOOK ) I, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that bit:iiki3 beg, and 'M AK) '6R�t►�MOF personally known to me to be the Attorneys-in-Fact of PULTE HOME CORPORATION, a Michigan corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as Attorneys-in-Fact of said corporation, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. n GIVEN under my hand and Notarial Seal this Z3 day of June,OFFICIAL SEAL No ry Public AMY WIRTH NOTARY SIC.STATE OF ILLNOm W COWSISION EXPIAIWirt&tt My Commission Expires: Ia-JJ(III -6- CH01/12340583.4 STATE OF ILLINOIS ) ) SS COUNTY OF k Aji E ) I, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that b S C4-10C4( and in{-10 E Rorrt561J personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF ELGIN, ILLINOIS, an Illinois municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as said Mayor and City Clerk of said municipal corporation, pursuant to lawful authority, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. •GIVEN under my hand and Notarial Seal this ( � day of PrU' S , 2008. ary '�blic My Commission Expire11s: aQ d -7- CH01/12340583.4 EXHIBIT A Legal Description of the Restricted Property Property Owned By Pulte: Lot 101 and Lot 104 in the Final Plat of The Reserve, being a subdivision of part of the Southeast Quarter of Section 29, Township 41 North, Range 8, East of the Third Principal Meridian, in the Township of Elgin, Kane County, Illinois, recorded on April 13, 2004 with the Kane County, Illinois Recorder of Deeds as Document No. 2004K044951. Common Address: Vacant land located south of County Highway 17 (Bowes Road) and east and west of Reserve Drive, Elgin, Illinois PINS: Property Owned By The City: Those portions of Lot 112 designated as "Wetland Buffer Easement" on the Final Plat of Reserve, Phase 2, being a Resubdivision of Lot 108 in the Final Plat of the Reserve, being a subdivision of part of the Southeast Quarter of Section 29, Township 41 North, Range 8, East of the Third Principal Meridian, in the Township of Elgin, Kane County, Illinois, recorded on June 12, 2007 as Document No. 2007K062187. Common Address: Vacant land located south of County Highway 17 (Bowes Road) and west of Reserve Drive, Elgin, Illinois PINS: CHO1/12340583.4 EXHIBIT B Army Corps of Engineers Permit No. 200300510 [See attached] -2- CH01/12340583.4 TIT Up DEPARTMENT OF THE ARMY a4 -=- x CHICAGO DISTRICT,CORPS OF ENGINEERS IQ ` PIO: M 111 NORTH CANAL STREET c�``4` CHICAGO, ILLINOIS 60606.7206 ,Q,TESof REPLY TO 'f 7 ATTENTION OF: n� �` .. ?Ng Technical Services Division Regulatory Branch 200300510 SUBJECT: Proposal to Install Interceptor Sewer and Water Main at the Reserve Residential Development Located South of Bowes Road, West of Randall Road in Elgin, Kane County, Illinois p ECEOVIE Peter Tremulis - Pulte Homes Corporation 2250 Point Boulevard JAN 2 6 2004 ID 4th Floor Elgin, Illinois 60123 CHRISTOPHER BURKE ENGINEERING Dear Mr. Tremulis : This is in reference to your letters dated December 29, and January 20, 2004 in which you requested a modification to your Regional Permit Program authorization granted November, 2003 . . This office has reviewed your plan`s to Install an interceptor sewer and water main at the site of the Reserve Residential Subdivision and has no objection to• the proposed revisions . Except as changed herein, all terms and conditions of the original authorization remain in full force and effect, including the expiration date of the authorization. You are directed to attach this letter and the revised plans to all copies of the permit, including those at the work site . It is your responsibility to obtain or modify required state or local approvals for the revision before commencing any work. Furthermore, if it becomes necessary to request further modification of the authorized project, this office reserves the right to re-evaluate the project pursuant to new regulations, procedures, or policies. This determination covers only your project as described above and as shown in the plans entitled "Otter Creek Interceptor Sewer-Phase I Skok and Kendall Properties" , dated June 14 , 2003 , last revised on August 8, 2003 , and the plans entitled "The I 1 . • -2- 40. Reserve City of Elgin General Layout-Southeast", dated June 13, 2003, and prepared by ManHard Consulting, respectively. Caution shall be taken so that construction materials and/or activities do not enter any waterway or wetlands beyond the scope of this determination. If the design, location or purpose of the project is changed, you should contact this office to determine the need for other authorization. If you have any questions, please contact Kathy Chernich of my staff by telephone at (312) 846-5531, extension , or email at kathy.g. chernich@usace. army.mil. Sincerely, ifirl9-/' eith L. Wozniak Chief, West Section Regulatory Branch Copy Furnished: MITCH=-L L A. 1SOE Chief, Rnulatory Branch ; , United States Environmental Protection Agency (Pierard) 0 United States Fish & Wildlife Service (Rogner) Kane/Dupage SWCD (Willobee) CBBEL (Darcy) -t3T OF ��`.; °�� DEPARTMENT OF THE ARMY ' 1,t, �;, ,_ x CHICAGO DISTRICT,CORPS OF ENGINEERS a 11111.: ' 111 NORTH CANAL STREET CHICAGO, ILLINOIS 60606 7206 Srnres���a REPLY TO ATTENTION OF: 3 2003 Technical Services Division NOV�1J �( Regulatory Branch 200300510 SUBJECT: Proposal to Discharge Materials into Approximately 0 .45 Acres of Wetland for Three Road Crossings and a Bituminous Bike Path for Construction of the "The Reserve" Residential Development Located South of Bowes Road, West of Randall Road in Elgin, Kane County, Illinois RECEIVED Peter Tremulis Pulte Homes Corporation NOV 15 2003 2250 Point Boulevard 4th Floor Elgin, Illinois 60123 Chrintapner 5. Burke Cnbineering, Ltd Dear Mr. Tremulis : The U. S-.—Armes-Corps o f--£ng3-n =s..—Ch.i c a go- Distxa.•ct7-has authorized the above-referenced project under the Regional Permit Program (RPP) . Enclosed is your copy of the executed RPP Permit authorization. This determination covers only your project as described in your notification and as shown on the plans entitled "The. Reserve, City of Elgin, Grading and Erosion Control Plan" dated February 28, 2003, last revision date of July 1, 2003 , and "The Reserve Wetland Crossing Exhibit" , dated April 15, 2003 , last revision date of September 24, 2003 , prepared by Manhard Consulting. If the design, location, or purpose of the project is changed, you should contact this office to determine the need for further authorization. Please be aware, this verification does not resolve your violation under Section 404 of the Clean Water Act . This matter will be addressed in the near future. -2- i Once you have completed the authorized activity, please sign and return the enclosed compliance certification. If you have any questions, please contact Ms . Kathy G. Chernich of my staff by telephone at (312) 846-5531 or email at kathy.g.chernich@usace .army.mil . Sincerely, Keith L. Wozniak — Chief, West Section Regulatory Branch Enclosures Copy furnished (w/o authorization) : United States Fish & Wildlife Service (Rogner) Illinois Environmental Protection Agency (Yurdin) ■• ' i- ._ . - n ► . _ . - • - . ._ • 1P) Illinois Department of Natural Resources/OWR (Jereb) CBBEL (Christi N. Darcy) • `_ I • REGIONAL PERMIT PROGRAM : iiI AUTHORIZATION PERMITTEE: Pulte Homes Corporation APPLICATION: 200300510 ISSUING OFFICE: U. S . Army Corps of Engineers, Chicago District DATE: NOV 13 2 You are hereby authorized to perform work in accordance with the terms and conditions specified below. This verification expires three (3) years from the date indicated above . Note: The term "you" and its derivatives , as used in this authorization, means the permittee or any future transferee . The term "this office" refers to the U.S . Army Corps of Engineers, Chicago District . f PROJECT DESCRIPTION: Proposal to Discharge Materials into Approximately 0 .45 Acres of Wetland for Construction of the "The Reserve" Residential Development Located South of Bowes Road, West of Randall Road in Elgin, Kane County, Illinois, as described in your notification and as shown on the plans entitled "The Reserve, City of Elgin, Grading and Erosion Control Plan" , dated February 28 , 2003 , last revision date of July 1, 2003 , and "The Reserve Wetland Crossing Exhibit" , dated April 15, 2003, last revision date of September 24, 2003 , prepared by ManHard Consulting. To offset wetland impacts, enhancement activities shall occur at the on-site wetland complex. The mitigation plan is entitled Wetland Restoration and Enhancement Plan and Buffer Management Plan" , prepared by CBBEL. PROJECT LOCATION: Otter Creek in Elgin, Fox River Watershed, Kane County, Illinois . (N quarter of Section 29, Township 41, Range 8) -2- GENERAL CONDITIONS: The above described work is authorized under the terms, conditions and requirements of Regional Permit #1 and shall follow the General Conditions outlined in the Regional Permit Program dated March 1, 2001 . SPECIAL CONDITIONS: To ensure that the activity has minimal individual and cumulative impacts, the following special conditions are required: 1 . This authorization is based on the materials submitted as part of application number 200300510 . Failure to comply with the terms and conditions of this authorization may result in suspension and revocation of your authorization . 2 . This permit does not authorize temporary construction activities, such as the use of earth moving machinery or temporarily stockpiling material within waters of the US or bank stabilization activities . 3. You shall undertake and complete the project as described in your notification and as shown on the plans entitled "The Reserve, City of Elgin, Grading and Erosion Control Plan", dated February 28, 2003, last revision date of July 1, 2003, and "The Reserve Wetland Crossing Exhibit", dated April 15, 2003,' last revision date of September 24, 2003, prepared by ManHard Consulting, and including all relevant documentation to the project plans as proposed. Within 30 days of receipt of this authorization, you shall submit to this office revised construction drawings revealing the bike path located outside of the wetland and "no impact buffer area", and the approved three Conspan road crossings . Please note that the construction drawings may need to be modified as a result of changes noted in the field. Specifically, the wetland areas beneath the Conspans may need to be replanted with native vegetation species more tolerant of shaded conditions . 4 . You shall comply with the water quality certification issued under Section 401 of the Clean Water Act by the Illinois Environmental Protection Agency for the project. 5 . Throughout the duration of construction activities, you shall adhere to all soil erosion and sediment control measures determined to meet technical standards by the Kane/DuPage SWCD. 6. You shall insure that all remaining wetlands, created wetlands and adjacent upland buffers are protected through permanent deed restriction (s) . The deed restriction shall be recorded against the USACE authorization number 200300510/The Reserve etc. as depicted on the approved final site grading -3- Reserve etc. as depicted on the approved final site grading plans, and shall be included as an addendum to the deed restriction. The deed restriction shall be recorded with the registrar of deeds or other appropriate office charged with the responsibility for maintaining records of title or interest in real property. Within 60 days of receipt of this authorization, you shall submit to this office a draft copy of the deed restriction for review. Recordation of the approved deed restriction shall occur upon approval from this office. 7 . You shall transfer the mitigated wetlands and buffer areas to the Forest Preserve District of Kane County (FPDKC) for its long- term management as a natural area . You shall submit a letter to this office confirming the FPDKC willingness to accept the mitigation area . The transfer of the wetlands and buffer areas shall take place following a determination by this office that all mitigation performance criteria have been met . 8 . You shall establish an escrow account for the FPDKC to manage the wetlands and buffer in perpetuity. The agreement shall include a maintenance strategy for enhancing the quality of the wetlands . A copy of the agreement shall be submitted to this office as a exhibit of the file. 9 . Within 30 days of receipt of this authorization, you shall submit a draft copy of a five-year mitigation plan for approval by this office. You shall fully implement the approved mitigation plans, concurrent with project construction. All enhanced wetlands shall meet performance criteria in accordance with approved plans . A copy of the annual monitoring report shall also be submitted to the USFWS for review. 10 . You shall submit to this office and to the USFWS an updated FQI for the wetland complex. The FQI shall be performed no earlier than June 1, 2004 . 11 . You shall install signs which identify the presence of Federally-protected wetlands and the prohibited activities in these areas . The signs shall be spaced every 500 feet at the boundary of all adjacent upland buffers . The signs shall be installed at completion of detention facilities and wetland buffers . 12 . You shall ensure that any wetland areas created or preserved as mitigation shall not be made subject of a future Department of the Army permit application, except for the purposes of enhancing or restoring the mitigation area associated with this authorization as approved by this office. _4_ (i) 13 . You are responsible for all work authorized herein and for ensuring that all contractors are aware of the terms and conditions of this authorization . A copy of this authorization must be present at the project site during all phases of construction. 14 . You shall notify this office of any proposed modifications to the project, including revisions to any of the plans or documents cited in this authorization. You must receive approval from this office before work affected by the proposed modification is performed. 15. You shall notify this office prior to the transfer of this authorization and liabilities associated with compliance with its terms and conditions . The transferee must sign the authorization in the space provided and forward a copy of the authorization to this office. OTHER INFORMATION: 1 . This office has authority to determine if an activity . complies with the terms and conditions of the Regional Permit QProgram (RPP) .2 . Limits of RPP authorization: a. This authorization does not obviate the need to obtain other federal, state, or local authorizations required by law. b. This authorization does not grant any property rights or exclusive privileges . c. This authorization does not authorize any injury to the property or rights of others . d. This authorization does not permit interference with any existing or proposed Federal project . 3 . Limits of Federal Liability. The Federal Government does not assume any liability for the following: a. Damages to the authorized project or uses thereof as a result of other authorized activities or from natural causes. b. Damages to the authorized project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest . -5- c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by this authorized activity. d. Design or construction deficiencies associated with the authorized work. e. Damage claims associated with any future modifications, suspension, or revocation of this authorization. 4 . Reliance on Applicant ' s Data. The determination by the issuing office that this activity complies with the terms and conditions of the RPP was made in the reliance on the information you provided. 5 . Reevaluation of Permit Decision. This office may reevaluate its decision on this authorization at any time the circumstances warrant. In addition, this office may reevaluate the determination that the project qualifies under a RPP. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this authorization. s b. The information provided by you in support of your application proves to have been false, incomplete or inaccurate (see 4 above) . c. Significant new information surfaces which was not considered in reaching the original interest decision. Such a reevaluation may result in a determination that it is appropriate to suspend, modify or revoke your authorization. --6- Your signature below, as permittee, indicates that you accept and agree o comply with the -rms and conditions of this aut r ` zation. z4a1.--• P RMITTEE DATE Peter Tremulis Pulte Homes Corporation 2250 Point Boulevard 4th Floor Elgin, Illinois 60123 This authorization becomes effective when the Federal official, designated to act for the Secretaty .of the Army, has signed below. • //// 3 o3 F and on alf of DATE Gary E. Johnston Colonel, U. S . Army District Engineer When the structures or work authorized by this authorization are still in existence at the time the property is transferred, the terms and conditions of this authorization will continue to be binding on the new owner (s) of the property. To validate the transfer of this authorization and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE ADDRESS TELEPHONE 0 PERMIT COMPLIANCE CERTIFICATION (I) I Permit Number: 200300510 Permittee: Pulte Homes Corporation Date of Issuance : November 13, 2003 I hereby certify that the work authorized by the above-referenced permit has been completed in accordance with the terms and - conditions of said permit and if applicable, compensatory wetland mitigation was completed in accordance with the approved mitigation plan.' PERMITTEE DATE Upon completion of the activity authorized by this permit and any (1) mitigation required by the permit, this certification must be signed and returned to the following address : U.S. Army Corps of Engineers Chicago District, Regulatory Branch 111 North Canal Street, 6th Floor Chicago, Illinois 60606-7206 Please note that your permitted activity is subject to compliance inspections by Corps of Engineers representatives . If you fail to comply with this permit, you may be subject to permit suspension, modification, or revocation. ' If com p ensato ry mitigation was required as part of your authorization, you are certifying that the mitigation area has been graded and planted in accordance with the approved plan. You are acknowledging that the maintenance and monitoring period will begin after a site inspection by a Corps of Engineers representative or after thirty days of the Corps ' receipt of this certification. You agree to comply with all permit terms and conditions, including additional reporting requirements, for the duration of the maintenance and monitoring period. C—)