19910914 All Versions_Complete File_19920306

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APPIAN CONSULTING ENGINEERS
841 S. Wesleyan Blvd.
P.O. Box 7966
Rocky Mount, North Carolina 27804-0966
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GENTLEMEN:
WE ARE SENDING YOU THE FOLLOWING:
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LETTER OF TRANSMITTAL
DATE )nn? JOB NO.
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RE:
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` Rea-pti'de
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in the amount of $
? Specifications
? Boundary Survey needed - see attached
? Easement needed - see attached
? Topographical survey needed - see attached

Prepared by Thomas W. King, Attorney at Law
3202 Sunset Avenue, P. 0. Box 7805, Rocky Mount, NC 27804
NORTH CAROLINA
NASH COUNTY
DECLARATION OF PROTECTIVE COVENANTS
PROPERTY OF BGJW PARTNERSHIP
THIS DECLARATION OF PROTECTIVE COVENANTS made and entered into
this day of September, 1993 of that real property owned by
BGJW Partnership, (hereinafter referred to as "Developers");
W I T N E S S E T H:
THAT WHEREAS,' Developers are the owners of that property more
fully described below having acquired the same in a deed dated July
26, 1991, from Nash Brick Company (formerly known as N.B.
Acquisition Company) which is recorded in Book 1342, Page 266, Nash
County Registry; and
THAT WHEREAS, the property more fully described below
currently contains 2.26 acres of wetlands and water; and
THAT WHEREAS, Developers, or their successors and assigns,
desire to utilize the wetlands area for an inert debris landfill in
order to effectively utilize the property for subsequent
development; and.
THAT WHEREAS, plans for the use of the wetlands areas as
currently located have been submitted to the Division of
Environmental Management of the Department of Environment, Health,
and Natural Resources of the State of North Carolina which has
approved those plans provided that a Storm Water Management
Facility of at least 0.62 acres is constructed after the wetlands
area is filled with inert debris; and
THAT WHEREAS, the Division of Environmental Management has
provided that the Storm Water Facility so created can be redesigned
and relocated as long as the Facility meets the original design
criteria; and
THAT WHEREAS, Developers have agreed to this requirement and
to that end have entered into this Declaration of Protective
Covenants for the purpose of binding this requirement to the land
and affording third parties notice of the criteria more fully set
forth above;
NOW, THEREFORE, Developers do hereby covenant and agree to and
with all persons, firms and corporations hereafter acquiring any of
the real estate hereinafter described that the said real estate and
appurtenances located thereon are hereby subjected to the
restrictions as to the use thereof by whomsoever owned. The real
estate which is hereby subject to the restrictions hereinafter set
out is described as follows:
4
r
Situated on the east side of North Church Street, Rocky Mount,
Nash County, North Carolina.
Beginning in the eastern right of way line of N. Church Street
(U. S. Highway 301 Business), northernmost corner for Thomas &
Howard; thence along the eastern right of way line of N. Church
Street (U. S. Highway 301 Business) to and along the eastern right
of way line of U. S. Highway 301, N. 15° 42' E. 248.15 feet to a
concrete monument, S. 740 08' E. 43 feet to a concrete monument, N.
170'50' E. 415.9 feet to a concrete monument, N. 220 01' E. 415.3
feet to a concrete monument, N. 240 11' E. 655.5 feet to an iron
stake, and N. 180 19' E. 303.43 feet to an iron stake, westernmost
corner with Douglas D. Daniel et al in the eastern right of way
line of the northbound lane of U. S. Highway 301; thence along the
southern property line of Douglas D. Daniel et al, S. 540 28' E.
1096.63 feet to an iron stake in the western right of way line of
the CSX Railroad southbound main track; thence along the western
right of way line of the CSX Railroad southbound main track, S. 160
31' W. 935.4 feet to an iron stake and S. 170 19' W. 603.08 feet to
an iron stake, easternmost corner of Thomas & Howard; thence along
the northern property line of Thomas & Howard, N. 790 48' W.
1221.85 feet to the point of beginning, containing 46.46 acres, all
as shown on property map entitled "N. B. Acquisition Company" dated
September 18, 1987, prepared by Mack Gay Associates, P.A., to which
map reference is made for a more particular description, and being
a portion of that property conveyed by Nash Brick Company to N. B.
Acquisition Company by deed dated October 1, 1987, recorded in Book
1234, page 990, Nash County Registry, the said N. B. Acquisition
Company having since changed its name to Nash Brick Company by
Articles of Amendment of Articles of Incorporation filed October 2,
1987, and recorded in Corporation Book 20, page 835, Nash County
Registry.
There is excepted and excluded from the foregoing described
parcel of land the following tracts of land:
1. That parcel containing 0.029 acres described in that deed
from Nash Brick Company to the Department of Transportation dated
May 4, 1988, recorded in Book 1257, page 804, Nash County Registry.
2. That parcel containing 10.702 acres described in that
deed from Nash Brick Company to N-F Properties, Inc. dated August
15, 1989, recorded in Book 1284, page 726, Nash County Registry.
3. That parcel containing 10.694 acres described in that
deed from Nash Brick Company to Douglas D. Daniel dated December 1,
1989, recorded in Book 1293, page 472, Nash County Registry.
4. That easement for a water line from Nash Brick Company to
City of Rocky Mount described in that deed dated November 3, 1989,
recorded in Book 1311, page 384, Nash County Registry.
The above-described property is hereby subjected to the
following restrictions as to the use thereof:
1. That the Division of Environmental Management of the
Department of Environment, Health, and Natural Resources of the
State of North Carolina has approved a Water Quality Certification
(DEM Project #91914) to allow fill material in 2.26 acres of
wetlands and water with inert debris which fill is covered by
General Water Quality Certification No. 2671 issued January 21,
1992, a copy of such approval being attached hereto as Exhibit A
and incorporated herein by reference as if fully set forth.
2. That in the event that the 2.26 acres of wetlands and
water is filled with inert debris pursuant to the attached

Certification that Developers, their heirs, successors, and assigns
shall by the execution and recordation of this Declaration
affirmatively bind themselves, their heirs, successors, and assigns
to the creation of a Storm Water Management Facility of at least
0.62 acres as required at the time of approval of the
aforementioned Water Quality Certification attached as Exhibit A.
3. That in the construction of the Storm Water Management
Facility that the same may be relocated from the existing location
appearing in the Water Quality Certification approval so long as
the Storm Water Management Facility meets the original design
criteria of 0.62 acres.
4. That in the event of a violation or breach of these
restrictions by axy person, firm or corporation, the Division of
Environmental Management of the Department of Environment, Health,
and Natural Resources shall have the right to proceed at law or in
equity to compel compliance with the terms hereof. The failure of
the Division of Environmental Management of the Department of
Environment, Health and Natural Resources of the State of North
Carolina to enforce any right, restriction, or condition contained
herein however long continued shall not be deemed a waiver of the
right to do so thereafter as to the breach.
5. The covenants and restrictions herein contained shall run
with and bind the land and shall be enforceable as previously
provided and shall inure to the benefit of the owner or owners of
said property subject to these restrictions, their respective legal
representatives, heirs, successors and assigns. The covenants and
restrictions of this declaration may not be amended without the
joinder of the Division of Environmental Management of the
Department of Environment, Health and Natural Resources of the
State of North Carolina. All amendments, if any, must be duly
filed for recordation in the office of the Nash County Register of
Deeds.
IN TESTIMONY WHEREOF, the parties hereto have set their hands
and seals in their respective capacities this the day and year
first above written.
BGJW PARTNERSHIP; a North Carolina
General Partnership
By: (SEAL)
By: (SEAL)
By: (SEAL)
By.
(SEAL)
NORTH CAROLINA
NASH COUNTY
I, , a Notary Public
do hereby certify that ,
, and , Partners in BGJW
Partnership, a North Carolina General Partnership, personally came
before me this day and acknowledged the due execution of the
foregoing instrument.
of
WITNESS my hand and notarial seal or stamp, this the day
, 1993.
Notary Public
My Commission Expires:
(SEAL)
AF

James G. Martin, Governor
William W. Cobey, Jr., Secretary
March 6, 1992
Mr. J. Michael Stocks
Appian Consulting Engineers
P.O. Box 2966
Rocky Mount, NC 27804-0966
Dear Mr. Stocks:
George T. Everett, Ph.D.
Director
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Nash Brick Site development
Nash County
DEM Project 191914
Upon review of your request for Water
Quality place fill material in 2.26 acres of wetlands ndewater c(netn
of 0.62 acres after wetland creation) for old Nash Brick Company
site located in Nash County, we have determined that the proposed
fill can be covered by General Water No. 2671 issued January 21, 1992. A co y of Certification
Certification is attached. This Certificationhmayeberused in
qualifying for coverage under Corps of Engineers' Nationwide
Permit No. 26.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
e rge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
slKwille Fayetteville Mooresville 3NSll 91 eU615?1 Raleigh Washinbaon Wilmi
-Qm 704/663.1699 919/571-4700 91%9"81 on W% ?
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919V39S•3900 919VSgW 691%W7007
Pollution Prevention Pays
PO. Box 29S35, Raleigh. Nnrth r2-1-
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State of North Carolina
Department of,Environment, Health, and Natural Resources
Division of Environmental Management
512 Nunh Salisbury Street • k4leigh, North Carolina 27604
[GLeNEKAL : ATJ F I CAT ION FOR PROJECTS _ 161 BLE
FOR CORPS OF ENGINEERS NATIONWIDE.PERMIT NUMBER 26 IHEADWATERS
AND ISOLATED WETLANDSI
This General Certification is issued in conformity with the
requirements of Section 901, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Envi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to navigable waters and adjacent wetland areas which are
above the headwaters or to wetland areas that are not a part of
the surface tributary system to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engi-
neers regulations (i.e., Nationwide Permit No. 26).The category
of activities shall include any fill activity in these headwaters
and isolated wetland and water areas where the activity does not
result in the loss or substantial modification of 10 acres or
more of waters of the United States, including wetlands. This
Certification replaces Water Quality Certification Number 2176
issued on November 5, 1987.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303, 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
J
1.
Proposed fill or substantial modification of greater than
one-third of an acre of such waters, including wetlands,
requires a written concurrence from the Division of Envi-
ronmental Management.
2. Proposed fill or substantial modification of equal to or
less than one-third of an acre of such waters, including
wetlands, does not require written concurrence from the
Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout,
HQW, ORW, WS-I and WS-II watersheds requires public
notice and an individual 901 Certification from the Divi-
sion of Environmental Management;
9. That established sediment and erosion control practices
are utilized to prevent violations of the appropriate
nd
i
n streams a
turbidity water quality standard (50 NTUs
rivers not designated as trout waters by DEM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10
NTUs in trout waters);
5. That additional site-specific conditions may be added to
projects with greater than one-third of an acre impact
which are proposed under this Certification in order to
ensure compliance with all applicable water quality and

6 effluent standards;
Concurrence from DEM this Certification applies to an
. individual project shall expire three years from the date
J
of the cover letter from DEM.
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project.
The Director of the North Carolina Division of Environmental
Management may require submission of a formal application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Caro-
lina Division of Environmental Management.
This is the 21st day of January, 1992
DIVISION QP INVIRONMENTAL MANAGEMENT
By
Ge rge T. erett, Director
gencert.26
jrd/gc
WQC# 2671

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2
February 21, 1992
MEMORANDUM
To: John Dorney
Through: Arthur Mouberry, P. Regional Supervisor
!-'Tim Donnelly, P.E.- Regional Water Quality
Supervisor
From: 9 Karl Shaffer- Soil Scientist
Subject: Water Quality Certifications
1) Sunset Lake 401; Project #91915- Wake County.
I have not been to this site. The impacts are to three small
wetlands and are for road crossings. No adverse impact is
anticipated. The applicant has requested use of general
certification concurrent with Nationwide 14 permit. The RRO is in
concurrence with this request. Watershed classification for
Sunset Lake is B-MSW.
2) Town of Pittsboro; Water Intake- Chatham County.
This is being applied for "after the fact". The applicant
was not aware of the requirements with us or the Corps of
Engineers. The construction is nearly complete. A major impact
was/is realized to the stream crossing of Brooks Creek in Haw
River Basin (class B-NSW). I am not familiar with cost
comparisons of subsurface crossings vs. aerial crossings with a
bridge, but a bridge and aerial crossing would have much less
impact on the creek. Erosion structures are in place and appear
to be doing a good job. All other aspects of the project appear
satisfactory. RRO recommends coordination with Corps of Engineers
on their decision for permit issuance or request for possible
mitigation. (I assume Brooks Creek crossing is below headwaters
and would require an individual permit)
3) Nash Brick site; Project No. 91914; Nash County.
Site evaluation performed February 11, 1992. This wetland is
a shallow inundated area as a result of taking soil for borrow
material off the site. The area is partly vegetated with cattails
and other wetland type vegetation. There are no fish in the
"pond" as it probably seasonally dries up. This area was not
rated but it is not particularly valuable. In its place will be a
stormwater detention structure to collect and stabilize runoff

water from the site. As per City of Rocky Mount specs, post
development runoff will not exceed pre-development runoff. The
discharge from the stormwater control facility will be routed
through the existing drainageway at non-erosive velocities. From
there it will enter the Daniel property. That site will also be
proposed for fill of existing inundated borrow areas, and similar
controls will be used to protect water quality on that site. The
projects are separate and distinct but happen to be adjacent to
one another.
A more valuable wetland associated with a natural
drainageway exists at the eastern edge of the property. This area
will possibly be impacted slightly with a little fill for the
unloading area. The engineer is redesigning the area with a
steeper toe slope to avoid this wetland as much as possible.
The RRO recommends that a water qualtiy certification be
issued for the subject project. The plans include adequate water
quality protection measures.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 5, 1993
Mr. J. Michael Stocks
Appian.Engineering
841 S. Wesleyan Blvd.
Rocky Mount, N. C. 27804-0966
Dear Mr. Stocks:
AIPIAT
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AM )A
[:D EHNR
Re: Review of draft deed restrictions/covenants
Nash Brick Company site
DEM Project # 91914
Nash County
I have reviewed the proposed protective covenant/deed restriction
for the above-mentioned project. They appear to be adequate to meet
the goals of our certification.
Call me at 919-733-1786 if your need any additional information.
91914.res
cc: Central Files
Sincerely, 2?
4 Joh R. Dorney
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
STAIZ
4
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
March 6, 1992
George T Everett, Ph.D.
Director
Mr. J. Michael Stocks
Appian Consulting Engineers
P.O. Box 2966
Rocky Mount, NC 27804-0966
Dear Mr. Stocks:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Nash Brick Site development
Nash County
DEM Project #91914
Upon review of your request for Water Quality Certification
to place fill material in 2.26 acres of wetlands and water (net
of 0.62 acres after wetland creation) for old Nash Brick Company
site located in Nash County, we have determined that the proposed
fill can be covered by General Water Quality Certification
No. 2671 issued January 21, 1992. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide
Permit No. 26.
Tf you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
e rge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Moorewille It-du;h Washington \Vilmington Winwm-Salem
704/251-6208 919/486-1541 704/6o3-1699 919/571-4700 919/946-6481 919 395-39(x1 919/896-7(x)7
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 2762(W535 lclephonc 919-733-7015
An I dual Opp-rut v :\ttmnaw- V mm f.m low,
0-
BOBBY L. JOYNER, P.E.
December 31, 1991
APPIAN CONSULTING ENGINEERS, P.A.
CIVIL AND MUNICIPAL ENGINEERS
POST OFFICE BOX 7966
ROCKY MOUNT, NORTH CAROLINA 27804-0966
??
841 S. WESLEYAN BLVD.
TELEPHONE [phone]
FAX • (91 9) 972-7638
Mr. John Dorney 11 A??+y`?.
DEM Water Quality Section
P. 0. Box 29535
Raleigh, NC 27626-0535,pe
RE: 401 Water Quality Certification
Nash Brick Site
ACE JN 91-28
Dear Mr. Dorney:
We wish to apply for a General 401 Water Quality Certificate for the above
captioned project. We feel that the proposed activity will be covered under a
General Certification for fill in wetlands that are isolated and/or above
headwaters.
The following is a breakdown of the existing and proposed wetlands and waters.
Wetlands Water
Pre-Development 1.46 Ac .80 Ac
Lost due to fill activity 1.02 .15
Lost-due to conversion to waters .07 -
Lost due to conversion to wetlands - .41
Existing to Remain .37 .24
Created from upland .36 .20
Created from waters .41 -
Created from wetlands - .07
Post-Development 1.14 .51
Pre-Development 1.46 .80
Post-Development 1.14 .51
Net lost or adversely Modified .32 .29
y
Mr. John Dorney
December 31, 1991
Page 2
The subject site is a former brick borrow pit mined by the Nash Brick Company
until the mid 1950's. The pit has been abandoned and all mining operations have
been completed. When the pit was abandoned a drainage ditch was cut to drain
the borrow area. Over the years the ditch has silted in and an adequate
drainage outlet no longer exist, as a result the area ponds water and has
converted to a wetland. The soils adjacent to the wetland are a stiff red clay.
We are not soils scientist, but we believe the soils best match those identified
by the Nash County SCS Office as Faceville. Prior to the mining operation we
believe very strongly that the soils that are wetland now where upland.
Enclosed for your review are two copies of the following:
° Site Vicinity Map
° Classification and WQ Standard Excerpt
° Nash County Soil Survey Excerpt
° Sketch Plan that outlines the wetland area Pre-development
post-development
° Pre-Discharge Notification Form for NWP 26
If you have any questions or concerns, please contact our office.
Sincerely,
/. NIW44d :S44
J. Micheal Stocks, E I T
JMS/sd
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