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HomeMy WebLinkAbout20071903 Ver 3_401 Application_20150715STROUD ENGINEERING, P.A. 107 -B Commerce Street GREENVILLE, NC 27858 [LIEVU103 @[r`' V 9 ° KQ3 W NV °%1 REGEivevl�vc;vrivrs� � i�vn ] - - fit �r.r+- ; t VUL 9-M5 water Q„W1!y RegkwW Washington COPY TO If enclosures are not as noted, kindly notify us at once. DATE \ \<� JOB NO. (252) 756 -9352 ATTENTION S�6- u,A2 TO r1D) L11 v i I I BUFFt j�`�ER 3U %99 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the g items: • Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications • Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 1 i CA,�nC� 7�1 - -OF Z`C'`�l9Jtinlf�5 Cr� Wl \upnof�.5 W YCA �����tt�ft1Nt�10nJ� Nio c Zen Cn.�asn_ "�rz�nrr� THESE ARE TRANSMITTED as checked below: \x For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS REGEivevl�vc;vrivrs� � i�vn ] - - fit �r.r+- ; t VUL 9-M5 water Q„W1!y RegkwW Washington COPY TO If enclosures are not as noted, kindly notify us at once. 1 1 a FIECENED/NCDENR/DWR aoe w a rEgQ 'JUL 9 2015 o •r A. Applicant Information 1. Processing Office Use Only: Corps action ID no. DWQ project no Water Quality Regional Form Version 1.4 January 2009 Operations Section viashkonn Regional Office Pre - Construction Notification (PCN) F s'-mP I 1 a. Type(s) of approval sought from the Corps: 1 0 Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number. 1c. Has the NWP or GP number been verified by the Corps? I 0 Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express Q Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: ❑ Yes 0 No ❑ Yes Q No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank ❑ Yes Q No or in -lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: Brandy Creek South - Section 2 2b. County: Pitt 2c. Nearest municipality / town: City of Greenville 2d. Subdivision name. Brandy Creek South 2e. NCDOT only, T.I.P. or state project no: I N/A 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address- 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Bill Clark Homes of Greeneville, LLC DB 3209, PG 244 Landon Weaver 200 E. Arlington Blvd Greenville, NC 27858 252 - 317 -0940 (weaver @billclarkhomes.com ❑ Yes 0 No ❑ Yes ❑X No /n� _ an, R • ln., R Jt Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/consultant Information (if applicable) 5a. Name: Richie Brown 5b. Business name Stroud Engineering, PA (if applicable): 5c. Street address: 107B Commerce Street 5d. City, state, zip: Greenville, NC 27858 5e. Telephone no.: 252 - 756 -9352 5f. Fax no.: 252- 756 -2345 5g. Email address: rbrown @stroudengineer.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 21283 1 b. Site coordinates (in decimal degrees): I Latitude: 35.5623 Longitude: 77.31 1 c. Property size: 26.67 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Hardee Creek 2b. Water Quality Classification of nearest receiving water: QNSW 2c. River basin- Tar 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: This site is a proposed single family subdivision. 3b. List the total estimated acreage of all existing wetlands on the property: 2 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,400 3d. Explain the purpose of the proposed project: This wetland crossing is proposed in order to access the lots on the opposite side of the wetlands /stream 3e. Describe the overall project in detail, including the type of equipment to be used: This is a single family residential development, which will require a road and waterline to cross existing wetlands in two places. Required equipment will consist of an excavator, Dozer and a 20 Ton dump truck. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑X Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑X Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Gene Aston Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Stream Determination was made by DWQ on June 19, 2008. 5. Project History I 5a. Have permits or certifications been requested or obtained for El Yes ❑ No ❑X Unknown 1 this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans +I 6a. Is this a phased project? I ❑ Yes ❑X No I 6b. If yes, explain. N/A Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary (T) W1 P Culvert Unknown Yes Corps 0.09 W2 P Culvert Unknown No Corps 0.04 W3 T Excavation Unknown Yes Corps 0 007 W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes /No W6 Choose one Choose one Yes /No 2g. Total Wetland Impacts: 0.137 2h. Comments: "W3" is not a definate impact. This will only be required of the Primary septic area fails and the Repair area is needed. A 1" pressurized sewer main would need to be installed to reach the repair area. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Culvert UT to Hardee Branch PER DWQ 15 118 S2 Choose one S3 Choose one S4 Choose one - S5 Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 118 3i. Comments: Page 4 of 10 PCN Form —Version 1.4 January 2009 4. Open Water Impacts Yes EJ No If yes, permit ID no: If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 5i. Expected pond surface area (acres): 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody 5j Size of pond watershed (acres) - impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary (T) 01 Choose one Choose 02 Choose one I Choose then complete the chart below. If yes, then individually list 03 I Choose one Choose you MUST fill out Section D of this form. 04 I Choose one Choose ❑ Neuse E] Tar - Pamlico n Catawba (] Randleman 4f. Total open water impacts 4g. Comments- 6b. 6c. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded I Filled Excavated P1 Choose one P2 Choose one 5f Total: 5g. Comments: 5h. Is a dam high hazard permit required? Yes EJ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j Size of pond watershed (acres) - 5k. Method of construction: ' 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? I ❑ Neuse E] Tar - Pamlico n Catawba (] Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number — mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet) 131 I I Yes /No I I B2 I Yes /No B3 I I I Yes /No B4 I Yes /No B5 I — — f Yes /No B6 I I I Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. In order to access the far side of the property, this impact was unavoidable. In order to minimize our impacts, we've proposed to cross the wetlands/ stream at as close to perpendicular as possible and also we're proposing to bury the inverts of the culvert to maintain movement of aquatic life through the stream per the requirements of the Corps /DWQ 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Large enough equipment will be used such that the disturbance to the wetlands will be minimized during construction and the equipment will be able to stay away from the wetlands as much as possible. With the exception of burying the inverts on the pipes, no major excavation is proposed within the wetlands /stream Appropriate Erosion and Sedimentation control measures will be installed to prevent sedimentation within the stream 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes X❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 14. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only) - 4e. Riparian wetland mitigation requested: 4f. Non- riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: ❑ Yes linear feet Choose one square feet acres acres acres 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes OX No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 J E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan - - - -- - -- 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. [X] Yes X❑ Yes ❑ No ❑X No 2. Stormwater Management Plan i 2a. What is the overall percent imperviousness of this project? J 22% 2b. Does this project require a Stormwater Management Plan? FX1 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The runoff from this project will be conveyed by sheet flow to the existing drainage laterals to the maximum extent practicable. There is also some reinforced concrete pipe onsite for cross drainage under the paved areas These pipes will also convey runoff to areas where sheet flow and grassed swales are available to diffuse flow. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? Pitt County/ (partial by NCDENR) Pitt County Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑X Yes ❑ No ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006 -246 ❑Other: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Page 8 of 10 PCN Form -Version 1.4 January 2009 Y F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes letter.) E] No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? El Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in E] Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The lots will have onsite septic fields. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Spoke with Maria Dunn with NC Wildlife. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Spoke with Maria Dunn with NC Wildlife. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Spoke with Scott Power and Amber Kidd with the NC State Historic Preservation Office 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Flood Insurance Rate Map Landon Weaver Applicant/Agent's Printed Name ❑ Yes _ U A licant/Age ' Signature (Agent's signature is valid only if an authorization letter from the applicant is provided ) Page 10 of 10 ❑X No 07 -06 -2015 Date `E. P;;ge 1 of 1' II(( �N( IIIiNfIINNiIiM�l( HIINIHINIhNINMIIN1fNll (N(INllfll Doc ID: 012347140004 Tvpe: CRP Recorded: 04 /04/2014 at 02:55:25 PM Fee Amt: $1,874.00 Page 1 of 4 Revenue Tax: $1,848.00 Pitt County, NC Lisa P. Nichols REG OF DEEDS BK3209 PG244 -247 NORTH CAROLINA SPECIAL WARRANTY DEED SeGF- 1VED /NCDF- MRIDWR IJVL 9 2015 Water Quality pagional Operations S rl _ Washington Reg onal Excise Tax: $1,848.00 Parcel Identifier No. 0018389; 0021283; 0079610; 0079609; 0079608; 0076907; 00769606; 0076918; 00769617; 00769616; 00769615; 00769614; 00769613; and 00769612 Verified by Pitt County on the _ day of .2014 By: MaiMaewJA 4'ol8 for Home & Home. 300 Contanche Street. Greenville. NC 27858 This instrument was prepared by: Ellis & Winters LLP. P.O. Box 33500 Raleigh. NC 27636 Brief description for the Index: Lots 1 -12 and 51-60 of Brandv Creek South. Section 1. Der Book of Maos 77. oaRes 58 -59. and aDDroximately 37.88 acres THIS DEED made this 3rd day of April, 2014, by and between GRANTOR GRANTEE VantageSouth Bank (successor to The East Carolina Bank Bill Clark Homes of Greenville, LLC, by merger), A North Carolina limited liability company a North Carolina banking corporation 200 East Arlington Boulevard, Suite A 206 High House Road, Suite 100 Greenville, NC 27858 Cary, NC 27513 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that property situated in Pitt County, North Carolina and more particularly described as follows: See Exhibit A attached hereto. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2938, page 565, Pitt County Registry. The property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: (i) ad valorem taxes for 2013 and subsequent years; (ii) zoning ordinances; (iii) easements and restrictions of record; and (iv) matters that would be revealed by a current survey of the property. #948561 P13ge i of 1 IN WITNESS WHEREOF, Grantor has duly executed the foregoing as of the day and year first above written. VANTAGESOUTH BANK (successor to The East Carolina Bank by merger), a North Carolina banking corporation (SEAL) By: _AAa- Name: � / � n In L Title: As Y i�tvPf�G�117 STATE OF NORTH CAROLINA COUNTY OF WAKE I certify that the following person personally appeared before me this day, acknowl dging to a that he or she voluntarily signed the foregoing document for the purpose stated in and in the capacity indicated: Pl�l t DATE: _► - 3 .2014. ' —�- 2 Signature of No�y Pubic Printed Name: l Y)nS ] a ae r My Commission expires: -N 17 [NOTARY PUBLIC STAMP OR SEAL] CHRISTAL R. MILLER NOTARY PUBLIC HARNETT COUNTY, N.C. #948561 ` Page 1 of 1 Exhibit A Legal Description Leeal Description Part A. Lots in Brand-,, Creek South. Section 1:. BEING all of Lots 1 -12 and 51 -60 of Brandy Creek South, Section 1, as shown on the plat entitled, "Final Plat Brandy Creek South Section 1," prepared by Rivers & Associates, Inc. and recorded in Book of Maps 77, Pages 58 -59, Pitt County Registry, and as further shown on the plat entitled, "Revised PlatBrandy Creek South Section 1 Lots 6, 7, 53, 55 & 56," prepared by Rivers & Associates, Inc. and recorded in Book of Maps 77, Page 96, Pitt County Registry. Legal Description Part B. Acreaee (aooroximatel- 37.88 acres): Tract I Lying and being situate in Chicod Township, Pitt County, North Carolina and being all of the 11.60 acres, more or less, identified by the Pitt County Tax Assessors Office as Parcel Number 18389. This property being a part of the property conveyed to Melvin K. Porter by deed dated December 10, 1968 and recorded in Book E38, Page 328 of the Pitt County Registry on December 27, 1968 at 10:23 AM, being described in said Deed as: "Lying and being situate in Chicod Township, Pitt County, North Carolina, and being all of Tract No. 3 as shown upon plat of the division of the M.K. Porter heirs prepared by W.B. Duke, R.L.S., on November 19, 1968, which said plat is of record in the Office of the Register of Deeds of Pitt County in Map Book No. B -17 (sic), at Page 57, to which plat reference is hereby directed for a more complete and accurate description." This conveyance is made subject to all prior conveyances by the Grantor of any portion of the property that was conveyed to Grantor by the Deed recorded in Book E 38, Page 328. SPECIFICALLY EXCLUDED from this description, along with any other property conveyed prior by the Grantor, are the properties conveyed by the Deeds recorded in Deed Book 897, Page 858, Deed Book 145, Page 144, Deed Book Y51, Page 133, Deed Book L. 42, Page 78, Deed Book C49, page 781, Deed Book 1164, Page 428, Book A47, Page 182, Book F36, Page 94, Book 1020, Page 648, Book 1035, Page 452, Book and Book 1032, Page 263, all of record in the Pitt County Registry. ALSO SPECIFICALLY EXCLUDED from this description of property conveyed is the portion of Lot 3 on the plat recorded in Map Book 17, Page 57 that lies south and west of Tract 8, being further identified by the Pitt County Tax Assessor's Office as Parcel Number 33271. Tract It Lying and being in Chicod Township, Pitt County, North Carolina and being all of the tract of land containing 62.2760 Acres (being all of Tax Parcel 21283 and a portion of Tax Parcel 21284) as shown on the plat prepared by Parker and Associates Land Surveying, P.A. dated November 15, 2006, and recorded in Map Book 69, Page 4 in the Pitt County Public Registry, reference to which is hereby made for a more complete description. Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 2453, at Page 338 in the office of the Register of Deeds of Pitt County. This is the same property described in the Deed of Trust recorded in Book 2453, at Page 338 in the office of the Register of Deeds of Pitt County. LESS AND EXCEPT those certain lots or parcels of land that were conveyed in Deed Book 2528, Page 369 and in Deed Book 2528, Page 372, all of the Pitt County Registry. SPECIFiCALL EXCLUDED from this Legal Description Part B, consisting of Tract I and Tract I1 are the Lots described in Legal Description Part A, being more particularly described as follows: 3 #948561 Page Iofl 1. BEING all of Lots 1 -12 and 51 -60 of Brandy Creek South, Section 1, as shown on the plat entitled, "Final Plat Brandy Creek South Section I," prepared by Rivers & Associates, Inc. and recorded in Book of Maps 77, Pages 58 -59, Pitt County Registry, and as further shown on the plat entitled, "Revised Plat Brandy Creek South Section I Lots 6, 7, 53, 55 & 56," prepared by Rivers & Associates, Inc. and recorded in Book of Maps 77, Page 96, Pitt County Registry. #948561 NORTH CAROLINA PERMIT NUMBER: IPC08- 09-001 PITT COUNTY PITT COUNTY, NORTH CAROLINA On the date listed below, the Pitt County Stormwater Administrator received a request to consider the following application: Application Date: 8.27.2008 Approval Date: 10.8.2008 Record Owner(s): KMRJ Develoument, LLC Property Location: Portertowtl Road. Greenville, NC Parcel Identification Number, and Lot 9: 21283Acreage:60.26 Impervious Coverage: 13.22 Calculated Nutrient Export Without 13M[Ps: Nitrogen4.01 lbs /ac /vr Phosphorus 0.61 lbs /ac /vr Calculated Nutrient Export With BMPs: Nitrogen3.88 lbs /ac /vr Phosphorus 0.591bs /ac /yr Type and number of BM[Ps proposed:5 Grass swales, Pavment to EEP SECTION 1. APPROVAL: Having reviewed the application and all supporting materials the Storrnwater Administrator has determined that the application is complete, and subject to the conditions imposed below, and the proposed development meets the requirements of the Pitt County Stormwater Ordinance. SECTION 2. CONDITIONS:, Therefore, the above referenced site and land used is hereby approved and subject to all applicable provisions of the Pitt County Stormwater Ordinance, Sections 3 and 4 of this permit, and the following condition(s) which the Stormwater Administrator finds necessary for the proposed development to meet the intent of the ordinance: 1. This permit shall be valid for a period of two years from the date of issuance unless a valid building permit has been issued and maintained for the site or the storinwater permit has been revoked by Pitt County. If after two years the permitted activity has not begun nor a valid building permit secured, this permit shall expire. 2. All land purchases and transfers necessary to secure the property for development shall be completed prior to issuance of this permit. 3. The development of the tract shall proceed in conformity to all plans, design features, and restrictions submitted as part of the stonnwater permit application and kept on file by the Pitt County Planning Department except that the Pitt County Stormwater Administrator may approve minor changes, consistent with the approved plan, as required by field conditions and in accordance with Section 15(G) of the Pitt County Stormwater Ordinance for Nutrient Control. Page 1 of 2 — NOT TO BE .SEPARA TED This page is an integral part of the Stormwater Permit issued by Pitt County. 4. The petitioner shall complete all required off -site stormwater improvements and receive approval from the county for such improvements prior to the release of any certificates of occupancy. 5. The petitioner shall submit a Floodplain Development Permit Application and receive approval from the Pitt County Planning Department prior to any land disturbance or filling of land located within the 100 - year floodplain. 6. The petitioner shall submit a Sedimentation and Erosion Control Plan Application and receive approval from the Pitt County Planning Department prior to any land disturbance or filling of land; and 7. The petitioner shall install all landscaping materials in accordance with the standards recommended by the American Association of Nurseryman and in the locations and numbers indicated on the site plan. 8. The stormwater calculations require 5 grass swales and a payment to EEP . 9. The Stormwater BMP's must be installed prior to the issuance of building permits or a surety must be posted for 120% of the cost for installing the BMP's. 10. Refer to other comments listed in the Soil Erosion and Sedimentation Control plan approval. SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with the type and intensity of use only as such relates to the requirements of the stormwater ordinance and in the manner as herein described and as shown on the approved site plan in accordance with Section .07 of the Pitt County Stornwater Ordinance for Nutrient Control. Development of the property, however, shall be subject to any and all future amendments to this ordinance which do not effect such type and intensity of use and shall proceed in full compliance with all other applicable local, state and federal regulations. SECTION 4. SEVERABILITY AND FILLING. Invalidation of any one or more of the conditions set forth herein shall not adversely ffec the balance of said conditions, which shall remain in full force and effect. This permit s. 11 be kep V at , Pitt County Planning Department. r [Stowater Administrator] [date] ,, U I V Page 2 of 2 — NOT TO BE SEPARATED This page is an iirtegral part of the Stornzwater Permit issued kv Pitt County. ��O�prQG M G ichacl F Easley. ovemor e W dliam G Ross Jr, Secretary i North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Chuck Wakild, P.E., Deputy Director Division of Water Quality August 18, 2008 Sean Owens Baldwin & Associates 1015 Conference Drive Greenville, NC 27858 DWQ Project # 2007 -1903 Pitt County Page 1 of 2 Subject Property: Brandy Creek South subdivision, Simpson, NC UT to Hardee Branch, Tar - Pamlico River Basin On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (I 5A NCA.0 2B .0259) Dear Mr. Baldwin: At your request I conducted an on -site determination to review features located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 213 .0259). The features are labeled as "2007-190' )" on the attached map initialed by me on June 19, 2008. The Division of Water Quality (DWQ) has determined that the portion of the surface water circled, highlighted in blue, and iabeled as "2007- 1903" on the attached map is Subject to the Tar-Pamlico Buffer Mule. The portion of the feature that is highlighted in pink is Exempt from the Tar - Pamlico Buffer Rule. These features and their associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight /Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 -2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written North Carolina Division of Water Quality Intemet. h2o enr state.nc.us 943 Washington Square Mall Phone: 252 -946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NorthCaroli'n!a An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper Natuni`jy� to Fallen Creek Page 2 of 2 May 20, 2008 petition, which conforins to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call me at (252) 948 -3920. Sincerely, Chris PullingertEnviromnental Specialist Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: copy of 1:24,000 scale USGS Topographic Survey map, Greenville SE quad cc: DWQ 401 Oversight/Express Unit File Copy Central Files Jonas Hill, Pitt County Planning Department Filename: 2007 -1903 + North Carolina Environmental • • Management Commission `Z+ DMVIon Of Water Oua(ity Sherwood *, Basin 1 Greens For. •' ' gate t' 't \� 20 Lk i . • r 1 t w • 0 • • a. . C a t f Copyright (C) 1997, Maptech, Inc 1 . PRRT0203se T02036a • s a c0rfI tilt Ittttl;, • • •• f •� • ll•i fir. fi i Z look* Ct p n n 1u �7 wall! 4M r 4 ?� n m b 4, v� C Catalpa Ra Hemlock Dr Brill., r_ Rouse Rd �a Jf Y Qd O � h SCa, F •er 0 =a S :3 Tilly pD �1� y' L T Hardee I�p vd ul iauk i m $1' "Yffefd Dr ' 3 w Sl C }{QTeenrrll� f i R to N A r Sra,dy Cr, " Or r?r196uru`w+�t� ANOY j 7 CjEF,K L SITE ~1726-PORTERTOW K A PROJECT NO. P1506-001 DRAWING NO. 0 PN 16132 OLIVE M. MCGOWAS LIFE ESTATE DB 564. PC 402 `31 1 k 32) (33 BRANDY CREEK PHASE 2 MB 51 PS '32 25'DRAINAGE EASEMENT EIP 1 lu � I 1�'1 �ttfo 82 56 8 \38�izo�34 SF 14,y�w -IV46,556 SF 0 6 (jty v EL 5 E,E,CTRIC 14 EAS 70, 4,524 SF EASE!VA 11VE 34,956 S�FN, 6"PVC W4TCa 103 3 3o, 70, 31,830 SIF C WA rERL V CASEME�r INC 6,1 \�9,711 6 ANDYJ CR9EK 8 `p VC WA TE SOUTH /0 R SE TIPN 1 cot 9 RI; MB 7, �G__58-59 jo 12" fl 4 30'Af \ _? BL `IF NPF 60 S EASESC NCIEar - 48 'IN h( /v 66x0 C4 Z 6, 06 50 50, 17 o, 4 66, s �afl k Al A116 s 4�?_9 7-3 36, 31, 8 'C _1>4�4 1c, /V6 T '19 It 6. p 1 7? 7? id 111V6 6 3S. '33, / 69" S611 5 2 531 ?o 0- (60) 61) 7(\62' 63) 72 60 % 1\6 4 165 6 v, 73 f 1 M1 1\ 30 74 64,859 SF 66 71. 9. 30 igik MR" 4f IKI 3 131, W11 0, 67 41 68/ '91 50' E A SE)M�ENl N AVC 7 9 169 E 0, 35,900 SF 7WA 38 SILT FENCE 82,385 SF 11A�4111_11 �,, Q. 41Pvc 25,455 SF tt WATER 50 DR`ATN_AdE�-- EAS tMtN r A V N QURT 5( c/ R/AW,-2�E BC-PUBi�fc (97 41 IMPAC 26,015 SF VC, *4' 96) AREA2 6 p V" + S6?. *4 7Z -R\\ I/ SkiF? IP- i1p C�_ I I ITI 8 QNE, , , TEMPORARY ' VE CONSTRUCTION 6-1 C; ENTRANCE or /V6, �o S4*45'42"V 7 680 SF 44.64' K42 ` 64 I R=500.00' d=02°05`29" L=18.25' �O' Ch=S 05'30'20"W sroIVE 4 18.25' SAIA14q,,C,, 22 J44 i 0) EX IS T 10'[)RAINACE EASEMENT 4 Pvc\ WATER 4f 9 5 40- '55,323 �SF pJ04 SF t ,41 29, 44 54,450 SF 6 73 61 IN% Al, CAP04 SEAL 36845 100 50 0 100 200 I!n - _11110" GRAPHIC SCAI_E: 1''-100' IN % % D A IoA RICHARD A. BROWN, P.E. 'JUL 9 2015 at Quality Regional Operations Sectior, Washington Regionai office L) E:F U r11 r_ T JU J I NC ONE CALL (TOLL FREE) 'OR 1-800-632-4949) IT'S THE LAW! COMPOSITE WETLANDS IMPACT MAP X7 _r--1 T 7 PN T T BRANDY CREPY\. SUUTH SECTION 2 PHASES I AND 2 PITT COUNTY NORTH CAROLINA OWNER: BILL CLARK HOMES DES I GNED: RAE3 OF GREENVILLE ADDRESS: 200 E. ARLINGTON BLVD, DRAWN: GREENVILLE, NC 27858 PHONE: (252) 317-0940 APPROVED:RA B J DATE: 6/3/2015 STROUD ENGINEERING, P.A. AA 107-B COMMERCE STREET SCALE: 1'1=100' GREENVILLE, NORTH CAROLINA 27858 (252) 756-9352 LICENSE NO.C-0647 1t4 S 0 ,fig JA t St sciv M1871 -LEE K A PROJECT NO. P1506-001 DRAWING NO. 0 PN 16132 OLIVE M. MCGOWAS LIFE ESTATE DB 564. PC 402 `31 1 k 32) (33 BRANDY CREEK PHASE 2 MB 51 PS '32 25'DRAINAGE EASEMENT EIP 1 lu � I 1�'1 �ttfo 82 56 8 \38�izo�34 SF 14,y�w -IV46,556 SF 0 6 (jty v EL 5 E,E,CTRIC 14 EAS 70, 4,524 SF EASE!VA 11VE 34,956 S�FN, 6"PVC W4TCa 103 3 3o, 70, 31,830 SIF C WA rERL V CASEME�r INC 6,1 \�9,711 6 ANDYJ CR9EK 8 `p VC WA TE SOUTH /0 R SE TIPN 1 cot 9 RI; MB 7, �G__58-59 jo 12" fl 4 30'Af \ _? BL `IF NPF 60 S EASESC NCIEar - 48 'IN h( /v 66x0 C4 Z 6, 06 50 50, 17 o, 4 66, s �afl k Al A116 s 4�?_9 7-3 36, 31, 8 'C _1>4�4 1c, /V6 T '19 It 6. p 1 7? 7? id 111V6 6 3S. '33, / 69" S611 5 2 531 ?o 0- (60) 61) 7(\62' 63) 72 60 % 1\6 4 165 6 v, 73 f 1 M1 1\ 30 74 64,859 SF 66 71. 9. 30 igik MR" 4f IKI 3 131, W11 0, 67 41 68/ '91 50' E A SE)M�ENl N AVC 7 9 169 E 0, 35,900 SF 7WA 38 SILT FENCE 82,385 SF 11A�4111_11 �,, Q. 41Pvc 25,455 SF tt WATER 50 DR`ATN_AdE�-- EAS tMtN r A V N QURT 5( c/ R/AW,-2�E BC-PUBi�fc (97 41 IMPAC 26,015 SF VC, *4' 96) AREA2 6 p V" + S6?. *4 7Z -R\\ I/ SkiF? IP- i1p C�_ I I ITI 8 QNE, , , TEMPORARY ' VE CONSTRUCTION 6-1 C; ENTRANCE or /V6, �o S4*45'42"V 7 680 SF 44.64' K42 ` 64 I R=500.00' d=02°05`29" L=18.25' �O' Ch=S 05'30'20"W sroIVE 4 18.25' SAIA14q,,C,, 22 J44 i 0) EX IS T 10'[)RAINACE EASEMENT 4 Pvc\ WATER 4f 9 5 40- '55,323 �SF pJ04 SF t ,41 29, 44 54,450 SF 6 73 61 IN% Al, CAP04 SEAL 36845 100 50 0 100 200 I!n - _11110" GRAPHIC SCAI_E: 1''-100' IN % % D A IoA RICHARD A. BROWN, P.E. 'JUL 9 2015 at Quality Regional Operations Sectior, Washington Regionai office L) E:F U r11 r_ T JU J I NC ONE CALL (TOLL FREE) 'OR 1-800-632-4949) IT'S THE LAW! COMPOSITE WETLANDS IMPACT MAP X7 _r--1 T 7 PN T T BRANDY CREPY\. SUUTH SECTION 2 PHASES I AND 2 PITT COUNTY NORTH CAROLINA OWNER: BILL CLARK HOMES DES I GNED: RAE3 OF GREENVILLE ADDRESS: 200 E. ARLINGTON BLVD, DRAWN: GREENVILLE, NC 27858 PHONE: (252) 317-0940 APPROVED:RA B J DATE: 6/3/2015 STROUD ENGINEERING, P.A. AA 107-B COMMERCE STREET SCALE: 1'1=100' GREENVILLE, NORTH CAROLINA 27858 (252) 756-9352 LICENSE NO.C-0647 f P ! P P s f f ! 6 P ` ! f A \ FES 10 INV OUT 58.81 7 ! °;� y 6"PVC MATER WETLANDS BOUNDARY /:>' \ 42 "RCP FES 9 ` f INV OUT 58.81SOW \ c' A) WETLANDS BOUNDARY e \ d FES 12 INV IN 59.13 ff ,$b7 'S P FES 3 INV OUT 53.89 WETLANDS I PACT=1,560 SF e S '`-,' , • �O , . . dl"�.. ��. - . `' e 111 `bdl ' ' 8. �. ZONE N '„� �',F FES 11 d� \ 4k� r,'- ,� e INV IN 59.00 ` BUFFER IMPACTS FE-- BUFFER s�-,� • �, LOCATION IMPACT INV C ,T-53.89��. T `� �a�'a>.69 FES t / ZONE 1 SOUTH 3764 SF(0.09 AC} ®$ f { / ZONE 1 NORTH 3460 SF(O.0 AC) � '” �', ° �.. � 59. ZONE 2 SOUTH 1524 SF(0a03 AC) —��� 1®�°�—' ,ZONE LINE \ ZONE 2 NORTH 1357 SF(0.03 A } -; _ � 60 ; 48"RCS ' ' �FEs 5 e I i t 54,. � 0 �1 TOTAL 10105 SF(0.23 AC)IMPACTAREA2 I NV I`yr' f � Q �. ,- , rr ZONE I 3,764 SF'',--", m r 62 :. Iti V IN4 54.10 ar WETLANDS IMPACT=3727 SF(0.09 AC) /.' .1,,524' SILT F�'NCE1 - �'ZINE LINE 8"PVC WATFR .^-., aha ° \ • ®"""' ~ �> �� n o -,m \J`\.\sa.avv `v,imf'/, .,w•�r .n.e Ve,I/e s,mfIp.w..�,�i PyP� A'tea, ae e� p,P,✓ +"V`v4- 50fRIP>1LABUFFER f 1 d f r e \� t �L' �d !! •�d� dv ]IMPACTAREAl --- _ rrr r r tr !� ff ( rrr rt` E T L A N D S BOUNDARY ttt r rr 1 r l tt � tt/ r � 1 f r 1 WETLANDS IMPACT=317 SF (0.007 AC') 7 T NMTLA-NDS IMPACT SUMMARY ! t J r 10` UTILITY EASEMENT FOR INSTALLATION OF A IMPACT AREA 1 =3727 SF(0.09 AC) dd df t t fes ( "PVC TO REPAIR SEPTIC AREA ( ONLY REQUIRED IF REPAIR WETLANDS -MPACT AREA 2 =1,560 SF(0.04 AC) / / , t / t t SEPTIC sYSTE Is NEEDED) (IF NEEDEE; WETLANDS IMPACT AREA 3=317 SF (0.007 AC) WETLANDS BOUNDARYdd `/ 't �` 't ( '� ' tt� 'TOTAL WET ANDS IMPACT AREA 3=5604 SF (0.13"7 AC) f( rr rr l t'WETLANDS IMPACT AREAS 1, 2 AND 3 BRAND Y CIT-'EEII�l SOUTH r t a Jam' f r� SECTION 2 PHASES 1 AND 2 wrr®rt� � GHICOD TOWNSHIP PITT COUNTY NORTH CAROLINA IMPACTAREA3���®� gi°�i°`°� ��0% OWNER: ILL CLARKHOMES ESI E BRAB gi F GREENVILLE ®SEAL : 200 E. ARLINGTON BLVD, DRAWN E� 368 ®GREENVILLE, NC 27858 45 (252) 317-0940 20 10 0 20 40 `�� •®Q®'®®® Qm�®�` � A.P.A. DATE w 6/3/2015 qtr*rrr►erto`�°`� 8 PROJECT ° . P1506-001 GRAPHIC CLE: 1''=20' 1 COMMERCE STREET SCALE: 1"-20` GREENVILLE. NORTH CAROLINA 27858 DRAWING ° o ee9 coi a RICHARD A. BROWN, P.E. ( 2) 756-9352 LICENSE ac® -1 SHEET