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Home My WebLink About20070838 Ver 1_More Info Received_20070601CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. May 31, 2007 Mr. Ian McMillan N.C. Division of Water Quality 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 RE: Cider Cove DWQ - 07-0838 UT to Little Pine Creek Jackson County, NC Dear Ian, This submittal is in response to DWQ's letter dated May 29, 2007 regarding a PCN for impacts associated with Cider Cove and is intended to accurately summarize our phone conversation regarding this project on May 31, 2007 The proposed lot is being sold as a 1 residence. The site is deed restricted (attached) and limits any future development of the site. There may not be any more than 4 homes on the site (5 acre minimum lot). This restriction is preventative and it is not known if there will ever be more than 1 house on the property. 2. The proposed driveway is 16 feet wide and will be gravel. There are no curb and cutter associated with this drive. It is likely that the driveway could be paved in the future. Home site plans have not been prepared for the residence. 4. Attached is a copy of the stream/wetland map for the entire property. Items 5-7 comment on stormwater and site plans. It is our understanding that due to the nature of this site, one home site planned and with no more than four, that we are well below the impervious thresholds that require the need for stormwater control. We hope this clarifies the issues associated with the proposed driveway PCN request. However, please do not hesitate to contact me if you have any questions or comments regarding this additional information. Sincerely,-, ~ ' '`~~~~ ~ ~C~C~fl~IC~ p ~~~~~~ D R. Cl idd e, P.W.S. ~~~ Principal SUN 12007 Cc: Kevin Barnett, NCDWQ, and Lori Beckwith, USAGE t~E~iR - WAFER QUALITY V>ftTIANQS APlD STORMrVATER BRANCH 718 Oakland Street Hendersonville, North Carolina 28791 Phone; 828-698-9800 Fax: 828-698-9003 www,cwenv.com . ~ Appendix A ~.~~I~~I~II~~~~~ ~~~~~ ---u uiii iu~~ ~-~i~-IIII IIIU IIIII II Doc ID: 003452930007 Type: CRP Recorded: 04/06/2006 at 02:29:22 PM • Jackson~Count00 Page i of 7 ` Joe Hamilton Register of Deeds BK~579 Pa772-778 This instrument prepared by: J. Edwin Henson Henson & Black, PLLC P.O. Box 386 Cashiers, NC 28717 DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS FOR LITTLE PINE CREEK FARM This Declaration of Restrictive and Protective Covenants is made and entered into as of the 3`d day ofApril, 2006, by and among.LITTLE PINE CREEK, LLC, STEPHEN H.~REYNOLDS and wife, ELIZABETH P. REYNOLDS, STEPHEN E. SHAWLER and wife, MARCIA BRAWLER, JOHN T. BERTEAU, and FIl2ST ADVENTURE; LLC. RECITALS: A. The parties to this Declaration have this day acquired title to the tracts of land shown on the Plat entitled "Plat of Little Pine Creek Farm", surveyed by Clark Lipkin, PLS, dated 2/7/06, and recorded in Plat Cabinet ~ y ,Slide ~~ Jackson County Registry, reference to which is hereby specifically made (the "Plat"). B. Little Pine Creek LLC is the owner of the "Longshadow" tract as shown on the Plat. C. Stephen H. Reynolds and wife, Elizabeth P. Reynolds are the owners of the "Boulder Garden" tract as shown on the Plat. D. Stephen E. Shawler and wife, Marcia Shawler are the owners of the "Red Thron" tract as shown on the Plat. E. John T. Berteau is the owner of the "Wild Rose" tract as shown on the Plat. - 1 - ~~~. F. First Adventure, LLC and Little Pine Creek, LLC are the owners of the "Cider Cove" tract and the "Little Pine" tract as shown on the Plat. G. The parties to this Declaration, as the owners of tracts shown on the Plat, desire to create mutual restrictive and protective covenants which shall apply to each of the tracts owned - by the parties hereto as shown on the Plat. NOW, THEREFORE, in consideration of the mutual covenants and agreements and the mutual benefits accruing to the parties hereto, the parties hereto for themselves, their~heirs, their successors and assigns, covenant and agree as follows: 1. Each of the tracts of land shown on the Plat owned by the parties of this Declaration shall be subject to the following restrictions, covenants, and conditions: a: No trailers, mobile homes or modular homes shall be placed on any of the tracts subject to this Declaration. b. The tracts subject to this Declaration shall not be subdivided into tracts containing less than five (5) acres each.. c. No bright, shiny, or reflective materials or paint shall be placed or maintained on the exterior surface . of improvements on any of the tracts subject to this Declaration. d. No tractors, farm equipment, inoperable vehicles, trash or junk shall be maintained or stored on any tract except within enclosed garages or barns. e. No cellular telephone towers shall be erected, placed or maintained on any tract. f. All electric distribution and telephone lines installed on any tract after the date of . this Declaration shall be installed underground. 2: The provisions of this Declaration are intended to create mutual and equitable. servitudes upon each of the tracts shown on the Plat in favor of each and all other tracts and operate as covenants running with the land for the benefit 'of all tracts shown on the Plat and the parties hereto, their heirs, and their successors and/or assigns. 3. This Declaration may be amended, modified, or rescinded only with the unanimous consent of all tracts of the owners of all tracts which are subject to this Declaration. 4. The provisions of this Declaration shall affect and run with the land and shall be binding upon all parties claiming an interest in any of the tracts shown on the Plat until January 1, 2031 after which time the same shall be automatically extended for - 2 - successive periods often (10) years each, unless terminated by written instrument signed by the owners of all tracts shown on the Plat and recorded in the office of the Register of Deeds for Jackson County, North Carolina. IN WITNESS WHEREOF, each of the parties to this Declaration have hereunto set their hands and seals as of the day first above-written. . LITTLE PINE CREEK, LLC B ~ ~~~2.c57~-S~.. LIZ H N. TOWNSEND Member-Manager STATE OF NORTH CAROLINA COUNTY OF _~~ ~~~ I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ELIZABETH N. TOWNSEND; Member-Manager. Date: ~-f- 3 """^"°"" Official-SGr~ of Notary ~ OFFICIAL SEAL _ ~ Nolary Publb - Nor1A Caroline ~' ~ JACKSON CO~lNTY .f A PICKEREL ~y Corr-mtssl~n Expires 12-1 Z -2006 ~,~ [ [~ °u' C~ (O acia Seal Notary's printed or typed name My Commission Expires: [ 2 -- ~'- ~(~ - 3 - STATE OF ~~ D 2 t [~ /~ COUNTY OF /~/GAS •~4,Qe~ct GE/ I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: STEPHEN H. REYNOLDS and wife, ELIZABETH P. REYNOLDS. Date: /j"1~2c~ 3/~0200~ -, ~r.u, Wotary Publlc state of Florida _ jay „_ ,~~ ~ ~; Dlana F Anton ~vJ~ ~~~/// y~c ~; My Commission DD393176 Off cial Signatare of Notary ~toF ~,o°' Expires 03!1212009 (Official Seal) My Commission Expires: Notary's printed or typed name - 4 - ~` Q.~~~~L SEAL) E YL ETH P. RE DS 1 (SEAL) STEPHEN E. BRAWLER t ~.t:t,~ (SEAL) MARCIA S ER (C PE IAL C~ITYOF SEOUI,~ision) EMBASSY OF THE ) S.S UNITED STATES OF AMERICA) (Name of foreign service office) Thomas J. Meredith I, Consular Associate .of the United States of America at . OrP.c1 duly commissioned and qualified, do hereby certify that this day of ~ 7 MAR ZOOG , 2006, before me personally appeared STEPHEN E. SHAWLER and wife, MARICA SHAWLER to me personally known; and known to me to be the individual(s)-described in, whose name(s) (is/are) subscribed to, and who executed the. annexed instrument, and being informed by me of the contents of said instrument (he/she/they) duly acknowledge(d) to me that (he/she/they) executed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF; I have hereto set. my hand and official seal the day and year last above wr-itten. ' ~~ ~homas J. Meredith .. ,Constil~aiAssn~~a+A of the United States:~~`, ~~!~` ?!?~~'~~~'` . ~ . o.. 4.1w:.P f y ~~~~ ',:~'' / !: !" 1:.~''... ~:. .. - 5 - ~----~ (SEAL) J HN T. BERTEAU STATE OF ~~-~ 2 ~ o ~+ COUNTY OF SA,2~, s ~ E.~- I certify that the following person(s) personally appeared before me this day, each acknowledging fo me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: JOHN T. BERTEAU. Date: F-1A,2« ~.~, Loa 6 (Official Seal) f ial Signature of Notary Notary's printed or typed name My Commission Expires: 1~"Y ~'ae JEAN M. GREENWALD $ ~ Notary public, State of Florida My comm. expires Aug 10, 2008 No. DD 332363 - 6 - FIRST AD URE, L- LC B• Terrance E. Schmidt, Member-Manager STATE OF ~LVIt-coq COUNTY OF f~cl r1,~ ~-- I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and inthe capacity indicated: Terrance E. Schmidt, Member-Manager. Date: %ll1 /hi'Z~'~.I~ 31. ~vu(r cial Signature of Notary ~l?ra./ ~.19'/L6/~ /ZGd ~~ir~ (Official Seal) Notary's printed or typed name Jean Marie Rhoden My Commission Expires: ~ tiir c«nr,, ~~ a Expires May 1 d, 2boe - 7 - ~~ ... ". o ~~ . ~~ _, ~ ~ , . ~~ _ . ~~~ ~r, , ~; R., ~~ _ ~. ++. ~°~~ ; 'x ~~~ /~~ F ' , (( ~---- ~ ~~ ~~~ ~ ~.-- ~~~ ~ _ ,-- - ~~ ~~ t E.~' P ~ r~ ~~,{ ~ i ^'SIlY .IrQ~ X. R Yd~'~ ~ li' i ,,',1'~ y~ Fy' ~~ ~_ ' r ~ ~ 1~ .~~~ - '`- ~~ -f ~~ /~ --~ 36a~ _____,. _~ - ~_ _ ,. _ _ y A~!~ ~,"{r .° ~. r` a ~~"~'r. ,. ~> ~/ a t t: ~~ \ ~ ~ u~, r \ ~_ ~ o ~_ ~~ ~ -, ~` ~.. a~ ~~ 0 _'„ , ~, 4 ~~_ ~ kJ ~ „ ~fN4 ",'` ' ~, yY: ~, bhp ' Bbd ~ `' ~~ ~~ ~ ~, ' ^" V l . V~iiub~~ \` ~~~~ FA.F~ 1 \~ ~ ~., ~. \ n Ey . is \\ l"~--~ / .~.. ~~ C `~ ~~ I~ ~ ~l ~ ~ ~ ~ 4 II ~ \ 1 1 \NIF~i1k 5 . ~'` ~~ ~~f l ~~ t >~ \ \ ~„~ f~~ ~~-"• `,~ ~ ~ \ 5.~~5. '. ® ~' _ l ~~ ~,~ ~ ~~ ~~~~1t~1~ 1 tom? il'~ d~• Note: The illustrated wetland and stream locations are approximate. These areas have not i:~-e;n }Ia;LS~d i:~ rir~, Ficid nor have they been surveyed.. Alt'roug}; C'learYr'at~r :a~?re;rtrrc.tta Consultants, Inc. is confide°nt in oe~r r+~se;srnciit. the US Army Corps of Engi.~ecrs is the orriy agency tP3at car r~iak+~ rival decisions regarding 1~ iwiic!~~n:.t wetland/GJaters of the U.S. delineations, tl;.erz¢orr,, wli r eli-ni~tsry detzr~~:ir~ations are subject to chu ~e u} r;i ~~~ritt:;~ verification is obtained. CiearVVater Enviror:r;~~erl4::7 ~':ensulta.nts, Inc. recoror,~.e7ds a conrlirehensrve u~l+:!ca! <:n ;u!d survey. Unril verification is received fYt?m the Cc:°l;s, no legal reli«nae may I~ made in the preliminac;~ ' determination. CltarWster Envuonrnertal Corau':tants, Irrc. stronnly recor~.rncnds tl'iat written verification be obtaimd from the Corps prior to closing on the property, beginning any site work or making any legal reliance on this dctertnination. ~* ` ,--"~~ p !.. ~ ,;.; ;A O ~' 240 ~ ~._ ~,,~t_ ,~" ~/- 47 ~c2.