20081121 Ver 2_401 Application_20091009

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Corps action ID no.
a Y DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification C Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: s?-?-- - -
? Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® 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 ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. 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 or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Diamonds Keep Subdivision
2b. County: Randolph p -?
2c. Nearest municipality / town: Archdale
2d. Subdivision name: Diamonds Keep OCT 21-1
2e. NCDOT only, T.I.P. or state
project no: N/A
t DENR-WATER QUALITY
3. Owner Information
3a. Name(s) on Recorded Deed: Diamonds Keep, LLC
3b. Deed Book and Page No. 2028/826
3c. Responsible Party (for LLC if
applicable): Mr. Gary White
3d. Street address: 9814 US Hwy 311 S
3e. City, state, zip: Archdale NC 27263
3f. Telephone no.: 336434-4440
3g. Fax no.: 336-434-3453
3h. Email address: [e-mail]
Page 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Gary R. White
4c. Business name
(if applicable): Diamonds Keep, LLC
4d. Street address: 9814 US Hwy 311 S.
4e. City, state, zip: Archdale NC 27263
4f. Telephone no.: 336-434-4440
4g. Fax no.: 336-434-3453
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: H. Mack Summey, Jr., PE
5b. Business name
(if applicable): Summey Engineering Associates, PLLC
5c. Street address: 1342 E. Salisbury St.
5d. City, state, zip: Asheboro, NC 27204
5e. Telephone no.: 336-328-0902
5f. Fax no.: 336-328-0922
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 7726493791
1 b. Site coordinates (in decimal degrees): Latitude: 35.5142 Longitude: - 79.5554
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 122 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Caraway Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: (c) 13-2-3-2
2c. River basin: Yadkin
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:
The existing property onsite was a Christmas tree farm that has been phased out. There are several gravel and dirt
roads for access and a private gravel landing strip. Several houses and trailers were located onsite at the time of
purchase. Adjacent properties include large residential neighborhoods served with public water and septic tanks.
3b. List the total estimated acreage of all existing wetlands on the property:
8.0 Ac(+or-)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
5550 LF
3d. Explain the purpose of the proposed project:
Develop a 205 unit Single Family Residential Subdivision
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes building the roads, utilities, greenway, and grading of the property. The equipment to be used will
include backhoes, pans, motor graders, tractors, and dump trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Deep River Engineering
Name (if known): Paul Blanchard Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Paul Blanchard met with John Thomas with the U.S.A.C.E., Wilmington District on August 8, 2007.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® 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 jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T

W1 ®P ? T
Fill Bottom of pond ? Yes ? Corps
254
removed ® No ?DWQ
W2 ? P ®T Fill -Temporary Forrested ® Yes
? No ? Corps
? DWQ .001*

W3 ®P ? T
Fill Bottom of ? Yes ? Corps
140
removed pond ® No ? DWQ
W4 ®P ? T Fill Forrested ® Yes
? No ? Corps
? DWQ .051
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts .493
2h. Comments: *0.001 Ac not included since it is temporary
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 Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Culvert Caraway Creek ® PER
? INT ® Corps
® DWQ 15' 66'
S2 ®P ? T Rip Rap Caraway Creek ® PER
?
INT ® Corps
®DWQ 15' 72'
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P M T ? PER ? Corps
? INT ? DWQ
S5 ? P F T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 138'
3i. Comments: Involves crossing of creek
Page 5 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Open Water Impacts
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.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed
5a. 5b.
Pond ID
number
then complete the chart below.
5c.
Wetland Impacts (acres)
Stream Impacts (feet)
Proposed use or purpose
of pond Flooded Filled Excavated Flooded Filled Excavated
Upland
(acres)
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporary (T) impact
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 an impacts require mitigation, then you MUST fill out Section D of this form.
61 ?P?T
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
B2 ?P?T
63 ?P?T
6i. Comments:
Page 6 of 11
PCN Form -Version 1.3 December 10, 2008 Version
5d. 5e.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The subdivision was designed to minimize impacts to the streams and wetlands onsite. The layout requires only one stream
crossing and most of the wetlands onsite are being avoided. The two breached ponds onsite that are to be impacted had
effects on numerous lots and the continuity of the roadway layout. Since the ponds were breached they would not be
conducive to a residential subdivision in addition to the economic impacts. The layout allows for the dedication of land to the
City of Archdale for use as park and open space, which is a more appropriate use for these areas. The developer is required
to provide a greenway in this dedicated area. Thus, the layout of the project was based on limiting impacts to the northern
and southern tributary areas, crossing Caraway Creek one time at a suitable location, and protection the wetland area and
streams to the north.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The flagging/fencing of areas not to be disturbed will be done clearly in order to avoid equipment getting into areas that are not
to be disturbed.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
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
buffer mitigation? ? Yes Z No
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.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(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 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b . If yes, then is a diffuse flow plan included? If no, explain why.
El Yes No
?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 28.64%
2b . Does this project require a Stormwater Management Plan? ® 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:
Plan utilizes state BMP manual for stormwater treatment which include the construction of 4 permanent wet detention
ponds and 2 sand filters to treat all impervious surface areas required by state.
? Certified Local Government
2e . Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Archdale
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
® Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
. attached? ? Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® 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)?
1c. 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
letter.) ? Yes ? 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 ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Two small areas of
wetlands were filled in and some perinneal stream was filled in prior to obtaining a permit. Developer at the time of impact
was unaware that the disturbance of both wetland and stream would be an infraction to rules. No further disturbance is
planned unless permit is obtained for future creek crossing only.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® 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.
This site will be served by public sewer (non-discharge)
Page 10 of 11
PCN Form -Version 1.3 December 10, 2008 Version
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 ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
This is an after the fact permit being sought after work was performed. Please note: Summey Engineering was hired
after this work had been performed.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Field observation
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 ® 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?
Website - Randolph County GIS
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: Creek Crossing designed to have no net rise in flood elevation.
8c. What source(s) did you use to make the floodplain determination? Randolph County GIS
/..? 't U,?? /d-/y-09
Applicant/Agent's Printed Name Appl ant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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Appendix
Miscellaneous
'D i a,monas ?l ?tp
C U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200803199 County: Randolph USGS Quad: Glenola
r
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized Agent: Diamond W. Builders, LLC / Reece Diamond /Diamonds Keep Subdivision
Address: 9814 U.S. Highway 311
Archdale, North Carolina 27263,
Telephone No.: 336 434-4440
Size and location of property (water body, road name/number, town, etc.): Diamond W. Builders, LLC proposed
Diamonds Keep Subdivision site located off of Archdale Road (SR 1004), south of Archdale, in Randolph County,
North Carolina. The project is located adjacent to Caraway Creek.
Description of projects area and activity: Access Road, lot fill, and utility line construction for new subdivision as
described in your construction plan included with your application of November 21, 2008, resulting in 138 linear
feet of stream channel impacts and 0.445 acre wetland impacts (drained pond bottoms) to the jurisdictional waters
of Caraway Creek (total of 0.493 acre of jurisdictional water impact)..
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding thi erification, any the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas 9 554-4884 ext,?.
Corps Regulatory,Official a _ /
Date: 12/03/2008
Expiration Date of Verification6 12/03/2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Property has tributary to Caraway Creek which flows to the Yadkin River and the
Atlantic Ocean.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and bequest for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Manuele, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Driver, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be recei d at the above address by February 3, 2009.
**It is not necessary to submit an RFA f? the District Off e)if you do ngobject to the determination in this correspondence.**
Corps Regulatory Official:
Date 12/03/2008
Expiration Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
H.Mack Summey, Summey Engineering Associatees, PLLC, P.O. Box 968, Asheboro, North Carolina 27204
Page 2 of 2
NORTH CAROLINA
RANDOLPH COUNTY
Prepared by & return to: David K. Rosenblutt, PO Box 2756, High Point, NC, 27261
DECLARATION OF RESTRICTIVE COVENANTS AND CONDITIONS
FOR DIAMONDS KEEP AS SHOWN AT PLAT
BOOK AT PAGE
THIS DECLARATION is made on the date hereinafter set forth by DIAMONDS KEEP, LLC a North
Carolina limited liability company having an office in Randolph County, North Carolina, hereinafter referred to as
"DECLARANT."
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the County of Randolph, State of North Carolina
that is more particularly described as follows:
Being known and Designated as DIAMONDS KEEP containing lot Nos. through , as
shown on the plat entitled Final Plat of : DAI 40NDS KEEP as recorded in Plat Book . at Pages
in the Office if the Register of Deeds of Randolph County, North Carolina, being all the
numbered lots shown on said plat.
WHEREAS, it is the intent of the Declarant hereby to cause the above described property as conveyed by
the Declarant to be subjected to this Declaration of Covenants, Conditions and restrictions.
NOW, THEREFORE, Declarant hereby declares that all of the property described above shall be held, sold
and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of, Said restrictions are hereby declared and agreed to be a burden and benefit to
any person acquiring, or owning any interest in the real property herein described and any improvements thereto,
their grantees, successors, heirs, assigns, executors, administrators and devisees. These restrictions shall apply to
each and every lot as shown upon the said recorded plat:
ARTICLE 1
DEFINITIONS
SECTION 1. DECLARANT. "Declarant shall mean and refer to DIAMONDS KEEP, LLC, as well as its
successors and assigns, pursuant to an express assignments or conveyance of any special Declarant rights hereunder
to such successor or assign, all of which rights, including Declarant's, voting, architectural review, easement and
development rights, shall be assignable and may be apportioned on a lot-by-lot basis.
SECTION 2. "FHA" shall mean and refer to the Federal Housing Administration of the Department of
Housing and Urban Development.
SECTION 3. LOT. "Lot shall mean and refer to any separately numbered plot of land shown upon any now
or subsequently recorded subdivision plat of the Properties intended for residential home purposes and shall include
any improvements constructed thereon and "Lots" shall refer to all such lots collectively. Declarant hereby reserves
the right to reconfigure, from time to time and without consent of the Owners , the boundaries of any Lot or Lots
owned by Declarant and to thereby create additional Lots, eliminate existing Lots ; provided, however, in no event
shall the Properties contain a greater number of Lots than the number from time to time permitted by the appropriate
governmental authority (ies). If Declarant elects to exercise its rights to revise the boundaries of one or more Lots
owned by Declarant or add or eliminate a lots(s), Declarant shall record a revised plat of the affected Lot or Lots.
Upon recording by Declarant of such a revised plat, each lot shown on the previously recorded plat or plats, the
boundaries of which are revised by the revised plat, shall cease to be a "lot" as defined in this Declaration and each
newly configured lot shown on the revised plat shall be a "lot" as defined in this Declaration.
SECTION 4. PLAN. "Plan" shall mean and refer to the plan(s) for the properties and the Additional Property now
or hereafter approved by the governmental authorities having jurisdiction, as such plan(s) may be from time to time
amended and approved. Conceptual plans that may be made approved and filed shall not be binding upon the
Declarant until such time as the same is subjected to this Declaration then only to the extent herein stated.
SECTION 5. OWNER. "Owner" shall mean and refer to the record Owner, whether one or more person's
or entities, of a fee simple title to any Lot which is a part of the properties, as hereinafter deemed, including contract
sellers, but Excluding those having such interest merely as security for the performance of an
Obligation.
(1) All "Owners" with the acquisition of fee title to any Lot, or parcel subjected to this Declaration, which may
be in phases, or by acquisition of a fee ownership interest therein, whether by conveyance, devise, judicial decree or
otherwise, shall by such acquisition become Members of the Diamonds Keep Homeowners Association, Inc. and
subject to the Articles of Incorporation and subsequent Bylaws of the Corporation; said Membership will include the
liability for payment to the corporation, by each "Owner"/"Member" on a pro-rata basis, for all charges or
assessments pursuant to the terms of the bylaws; to pay all expenses in connection therewith and all office and other
expenses incident to the conduct of the business of the corporation, including all licenses, taxes or governmental
charges levied or imposed against the property of the corporation.
SECTION 6. PERIOD OF DECLARANT CONTROL. "Period of "Declarant" Control" shall mean and
refer to the period of time commencing on the date this Declaration is recorded in the Office of the Register of Deed
in which the land Lays and continuing until the earlier of: (i) fifteen (15) years from the date this
Declaration is so recorded; or (ii) such time as Declarant, together with all Affiliated entities shall cease to own at
least ten percent (10%) or more of the lots shown on the Plan, which are intended for residential purposes; in phases,
such period of time shall be reinstated and shall continue until the earlier of. (i) fifteen (15) years from the date this
Declaration is recorded as A foresaid or (ii) such time as Declarant, together with all affiliated entities shall cease to
own at least ten percent (10%) of the lots shown on the Plan which are intended for residential purposes?
SECTION 7. PROPERTIES. "Properties shall mean and refer to that Certain real property hereinabove
described, and such additions thereto as may Hereafter be bought within the jurisdiction of the DECLARANT.
SECTION 8. VA. "VA" shall mean and refer to the Department of Veteran Affairs.
SECTION 9. PHASE DECLARATION shall mean each Phase Declaration For a phase of the property
recorded in the Register of Deeds office where the Land lays.
ARTICLE H
PROPERTY RIGHTS
SECTION 1. LEASES OF LOTS. Any Lease Agreement between an Owner and a lessee for the
lease of such Owner's lot shall provide that the terms of the Lease shall be subject in all respects to the
provisions of this Declaration of Covenants, Conditions and Restrictions, and that any failure by the lessee
to comply with the terms of such document shall be a default under the terms of the Lease. All leases of
Lots shall be in writing and shall have a term of at least one (1) year. All leases that are associated with the
Furniture Market are an exception. This is only for the time the Furniture Market is taking place in High
Point, North Carolina. Other than the foregoing there is no restriction on the right of any Owner to lease his
lot.
ARTICLE III
RESTRICTIONS
1.
(a) No building or other structure shall be used or built, altered or erected other than as a single-family
house and its customary accessory buildings or uses, and no such dwelling house or lot shall be used
for other than residential purposes. All building plans must be pre-approved by Declarant. Any
dwelling plans shall be deemed to be approved if the dwelling has been under construction for ninety
days.
(b) The Declarant, shall not be responsible or liable in any ways for any defects in any plans or
specification approved by them, nor for any structural defects in any work done according to such plans
and specifications. Further, the Declarant shall not be liable in damages to anyone by reason of
mistake in judgment, negligence, misfeasance arising out of or in connection with the approval or
disapproval or failure to approve any such plans or specification or the exercise of any other power or
right provided for in this Declaration. Every person who submits plans or specifications for approval
agrees, by submission of such plans and specifications, and every owner of any Lots agrees, that he, she
or they will not bring any action or suit against Declarant to recover any such damage.
2. All drives must be paved either of asphalt or concrete.
3. The following shall apply to each lot:
a) Structures of a temporary character, trailers, tents, shacks, or other outbuilding used as a
temporary residence shall not be permitted;
b) Any mobile, modular, manufactured or prefabricated home shall not be permitted;
c) All fencing must be constructed of wood, masonry, or otherwise material approved by
Declarant. Any chain link type fencing shall not be approved or used. All fencing and other
outbuildings must be approved by Declarant;
d) Satellite dishes no larger than 18" in diameter will be permitted and must be located in the rear
yard;
e) All roofs must have a minimum 7/12 pitch on the dwelling, but porches may be 5/12 pitch;
f) Architectural/Dimensional shingles only shall be used;
g) The front and sides of exterior walls of each dwelling will be covered 100% with brick or
stone;
h) No log houses allowed;
i) No free standing radio or television towers, or antennas;
j) No lot or part of a lot, may be used as a street except as shown on the plat of the subdivision
without the prior written consent of the Declarant;
k) No yard art or personal property shall be permitted on front or side yards;
1) Yards are to be maintained on a regular basis with grass and shrubs to be kept cut neat and
orderly.
m) Exterior lighting; other than ornamental lighting no higher than thirty six inches (36") and
seasonal or temporary holiday lighting; must be approved by Declarant.
4. Only a single-family dwelling shall be built on any one lot. The set backs and other requirements are as
shown on each map.
5. No single-family dwelling shall be used, built, altered or erected, unless it shall contain a minimum of
1,850 square feet of heated and finished floor space exclusive of porches, terraces, breezeways, garages and
basements, except where noted; measurements shall be made from the outside wall lines. In case of a residence of
more than one story, the ground floor shall contain a minimum of 950 square feet. Each dwelling must have a
minimum of a two-car garage.
6. The maximum built upon area for each lot shall not exceed Four Thousand Five Hundred (4500) square
feet.
7. No building may be moved from another location and placed on any lot in this subdivision, it being
required that any dwelling house built on the subject property, shall be of new construction and constructed on the
premises. No portion of any dwelling erected on this property shall have the exposed concrete blocks on the
exterior. During construction of improvements on any lot, the lot owner is responsible for ensuring that construction
vehicles do not track mud on the streets.
8. These restrictive covenants may be enforced in courts of appropriate jurisdiction by the Declarant, or any
lot owner in DIAMONDS KEEP. The Declarant, its successors or assigns, and said lot owners, without limitation of
any other available remedies, shall be entitled to seek damages or injunctive relief, and each owner agrees that
injunctive relief is an appropriate remedy for the enforcement of these covenants. If the Declarant, its successors or
assigns, seeks enforcement of theses restrictive covenants, it shall also be entitled to recover all reasonable costs,
fees, and expenses incurred in connection with the enforcement of these restrictive covenants, including, without
limitation, reasonable attorney's fees and expert witness fees.
9. The streets shown on the recorded plat have been constructed in accordance with the State of North
Carolina's standards for dedicated streets at the time of construction. No obligation for future maintenance is
assumed by the Declarant.
10. The Declarant, its successors or assigns, may waive any minor violation of or grant minor variances
from these restrictive covenants by appropriate an instrument in recordable form. A waiver or variance by the
Declarant, its successors or assigns, shall be conclusive upon all parties bound by these restrictions. No waiver or
variance of restrictions by the Declarant, its successors or assigns, may be construed to be a waiver or subsequent
breach or consent to a variance of the same or any other restrictions.
11. Notwithstanding any other provisions of these restrictive covenants, the Declarant, its successors or
assigns, shall not be liable for any act, omission or delay in connection with the enforcement of, or failure to enforce,
theses restrictive covenants. Each owner acquiring property from the Declarant, as part of the consideration for the
acquisition of such property, covenants to and with the Declarant, its successors, agents, contractors, and assigns, for
an on behalf of such owner and his successors in title, that none of them will bring any proceedings, action, claim or
suit against Declarant, its agents, contractors, successors, and assigns, to recover any such damages or seek any such
relief.
12. All motor homes, trailers, campers, boats, unlicensed automobiles, and any other type of recreational
vehicle must be parked in the rear of any residence, and may not be parked within any street or road right of way.
13. These covenants shall continue in effect for a period of twenty-five (25) years from the date they are
recorded, after which time they shall automatically be extended for successive periods of ten (10) years each, unless
an instrument in recordable form executed by the Declarant or a majority of the owners of the Lots revoking the
restrictive covenants in whole or in part is filed prior to the time such automatic extension would otherwise take
place.
14. These restrictive covenants shall be binding upon and inure to the benefit of the Declarant, its
successors and assigns, and all owners acquiring tracts in DIAMONDS KEEP Subdivision, from the Declarant and
its respective successors in title, and are covenants which run with the land.
15. Invalidation of any one of these covenants by judgment or Court order shall in no wise affect any of the
other provisions, which shall remain in full force and effect.
GARY R. WHITE, SR., MANAGER/MEMBER
NORTH CAROLINA
GUILFORD COUNTY
State of North Carolina, County of
I, the under signed, a Notary Public for Guilford County and said State do hereby certify that Gary R. White, Sr.,
Manager/Member of DIAMONDS KEEP, LLC, a North Carolina Limited Liability Company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument on behalf of the limited liability
company. Witness my hand and official stamp or seal this day of , 2009.
My Commission Expires:
NOTARY PUBLIC
State of North Carolina
Department of the Secretary of State
ARTICLES OF INCORPORATION
NONPROFIT CORPORATION
Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of
Incorporation for the purpose of forming a nonprofit corporation.
1. The name of the corporation is: DIAMONDS KEEP HOMEOWNERS ASSOCIATION, INC.
2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4).
3. The street address and county of the initial registered office of the corporation is:
Number and Street 9814 US HWY 311 SOUTH
City, State, Zip Code ARCHDALE, NC, 27263 County RANDOLPH
4. The mailing address if different from the street address of the initial registered office is:
The name of the initial registered agent is:
DIAMONDS KEEP, LLC, a North Carolina Limited Liability Company
The name and address of each incorporator is as follows:
(Check either a or b below.)
a. X The corporation will have members.
b.-The corporation will not have members.
Attached are provisions regarding the distribution of the corporation's assets upon its dissolution.
9. Any other provisions which the corporation elects to include are attached.
10. The street address and county of the principal office of the corporation is:
Number and Street 9814 US HWY 311 SOUTH
City, State, Zip Code ARCHDALE, NC, 27263 County RANDOLPH
11. The mailing address if different from the street address of the principal office is:
Revised January 2000
Form N-O1
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
12. These articles will be effective upon filing, unless a later time and/or date is specified:
This is the day of 2009.
Signature of Incorporator
GARY R. WHITE, SR., Manager/Member
Diamonds Keep, LLC
Type or print Incorporator's name and title, if any
NOTES:
1. Filing fee is $60. This document must be filed with the Secretary of State.
Revised January 2000
Form N-01
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
ATTACHMENT TO
ARTICLES OF INCORPORATION
DIAMONDS KEEP HOMEOWNERS ASSOCIATION, INC.
ARTICLE 7.
MEMBERS
(1) The corporation shall have no capital stock.
(2) Every person or entity who or which is a record owner of a fee or undivided fee interest in any Lot in
Diamonds Keep, a planned community, which is subject by covenants of record to assessment by the
corporation shall be a voting Member of the corporation. The qualifications for membership in the
corporation, and the voting rights of its members, shall be delineated in the Covenants, Conditions and
or Restrictions of Diamonds Keep, duly recorded in the Randolph County, North Carolina, Registry and
in the by-laws of the corporation, and the members of the corporation shall have only such voting rights
as may be provided in such instruments.
ARTICLE 8.
DISSOLUTION
(1) The corporation may be dissolved with the assent given in writing and signed by the members entitled to
cast not less than Ninety percent (90%) of the votes of the corporation.
(1) Distributions Upon Dissolution: Upon dissolution of the corporation, other than incident to a merger or
consolidation, the Board of Directors shall, after paying or making provision for the payment of all of the
liabilities of the corporation, dispose of all of the assets of the corporation to federal, state, or local
governments to be used for purposes similar to those for which this corporation was created. Any such
assets not so disposed of shall be disposed of by the Superior Court of the County in which the principle
office of the Corporation is then located, exclusively for such purposes or to such organizations, as the
court shall determine, which are organized and operated exclusively for such purposes, or to such
governments for such purposes.
ARTICLE 9.
(1) Duration: The period of duration of this corporation shall be perpetual.
(2) The Association does not contemplate pecuniary gain or profit to the members thereof and no part of the
Association's net income shall inure to the benefit of any of its officers, directors or members or any
other private individual except that the corporation shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments and distributions in furtherance of the
purposes set forth in these articles of incorporation. No substantial part of the activities of the
corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and
the corporation shall not participate in or intervene in (including the publishing or distribution of
statements) any political campaign on behalf of or in opposition to any candidate for public office.
Notwithstanding any other provisions of these articles, the corporation shall not carry on any other
activities not permitted to be carried on (a) by a corporation exempt from federal income tax under
Revised January 2000
Form N-01
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Section 501(c)(3) of the Code or (b) by a corporation, contributing to which are deductible under Section
41701(c)(2) of the Code.
(3) Purpose: The purposes and objectives of the corporation shall be to provide for administration,
maintenance, preservation, repair and architectural control with respect to that community known as
Diamonds Keep, to be developed on that property shown on a plat recorded or intended to be recorded,
in Randolph County, North Carolina, and with respect to any common elements shown on said plat and
any revisions thereof, and to promote the health, safety and welfare of the residents within the above
described property and any additions thereto as may hereafter be annexed and made subject to the
jurisdiction of the corporation. The Declaration of Covenants, Conditions and Restrictions (hereinafter
called the "Declaration") applicable to the property and recorded in the office of the register of Deeds of
Randolph County provides for a period of exclusive Declarant control and during such period, Declarant
shall have the unilateral right to modify or amend the Declaration as necessary to exercise its
development rights or as necessary to alleviate practical difficulties and to complete the development of
the subdivision in the most efficient and expeditious manner and further Declarant shall have the right to
exercise the following powers which are set forth in Chapter 47F of the North Carolina Genera; States"
a. To complete improvements indicated on plats and plans filed with respect to the property;
b. To exercise any development right;
c. To maintain sales offices, management offices, signs advertising the property and models;
d. To use easements through the Common Elements for the purpose of making improvements
within the Property or within real estate that may be added to the Property;
e. To make the Property part of a larger planned community or group of planned communities;
f. To appoint or remove any officer or board member of the Association during any period of
Declarant control.
(4) Directors: The number of directors constituting the board of directors of the corporation shall be
provided in the by-laws of the corporation. The number of directors constituting the initial board of
directors shall be two (2). The names and addresses of the persons who shall serve as initial directors
until their successors are elected or qualified are:
Name Address
Gary R. White, Sr.
Gary R. White, Jr.
9814 US Hwy 311 South, Archdale, NC, 27263
9814 US Hwy 311 South, Archdale, NC, 27263
(5) Indemnification of Officers and Directors: In accordance with N.C.G.S. 55A-8-57, or any successor
statute of similar import later enacted, the corporation shall be liable for indemnification of any director
or officer or former director or officer of the corporation or any person who may have served at its
request as a director or officer of another corporation, partnership, joint venture, trust or other enterprise
against liabilities and reasonable litigation expenses, including attorneys' fees, incurred by him in
connection with any action, suit, or proceeding in which he is made or threatened to be made a party by
reason of being or having been such director or officer, except in relation to matters as to which shall be
adjudged in such action, suit or proceeding to have acted in bad faith or to have been liable or guilty by
reason of willful misconduct in the performance of duty. The indemnification authorized by this
provision shall be in addition to that permitted by N.C.G.S. 55A-8-50 through N.C,G.S. 55A-8-56, or
any successor statute of similar import later enacted, and it is further provided that the corporation shall
also be liable for indemnification to the fullest extent allowed under N. C. G. S. 55S-8-50 through
N.C.G.S. 55A-8-56, or any successor statute of similar import later enacted.
Revised January 2000
Form N-01
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
(6) Elimination of Director Liability: To the fullest extent allowed by N.C.G.S. 55A-8-50 through N.C,G.S.
55A-8-56, or any successor statute of similar import later enacted, except as provided otherwise therein,
a person serving as a director, trustee or officer of the corporation shall be immune individually from
civil liability or monetary damages, except to the extent covered by insurance, for any act or failure to
act arising out of this service, and any such liability is hereby eliminated to the fullest extent which may
be accomplished as provided therein.
(7) Amendments: Amendment of these Articles shall require the affirmative vote of the members entitled to
cast at least ninety percent (90%) of the votes of the corporation, provided, however, any amendment
relating to the maintenance or ownership of any storm water detention pond shall not be effective unless
reviewed and approved by the governmental office having jurisdiction for watershed protection.
Revised January 2000
Form N-01
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
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The data collection used to produce this media was last updated on 10/14/2009 9:28:18 AM EST.
Date/Time Stamp All information on this media is prepared for the inventory of real property found within Randolph County All data, including maps, is compiled from recorded
deeds, plats, and other public records and data. Users of this data are hereby notified that the aforementioned public primary information sources should be
consulted for verification of the information. All information contained herein was created for the County's internal use. Randolph County, its agents and
10/19/2009 9:34:40 AM employees make no warranty as to the correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law, including
EST without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North
Version 4.3 (December 2008) Carolina General Statute 132-10. Grid is based on North Carolina State Plane NAD83.
Server: 01
Date/Time Stamp All information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is compiled from recorded
deeds, plats, and other public records and data. Users of this data are hereby notified that the aforementioned public primary information sources should be
consulted for verification of the information. All information contained herein was created for the County's internal use. Randolph County, its agents and
10/19/2009 9:36:04 AM employees make no warranty as to the correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law, including
EST without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North
Version 4.3 (December 2008) Carolina General Statute 132-10. Grid is based on North Carolina State Plane NAD83.
Server. 01
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Districts
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Districts
-Voluntary Ag
- Districts
R Regular
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The data collection used to produce this media was last updated on 10/14/2009 9:28:18 AM EST.
Date/Time Stamp All information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is compiled from recorded
deeds, plats, and other public records and data. Users of this data are hereby notified that the aforementioned public primary information sources should be
consulted for verification of the information. All information contained herein was created for the County 's internal use. Randolph County, its agents and
10/19/2009 9:37:27 AM employees make no warranty as to the correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law, including
EST without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North
Version 4.3 (December 2008) Carolina General Statute 132-10. Grid is based on North Carolina State Plane NAD83.
Server: 01