Loading...
HomeMy WebLinkAboutSW7070412_COMPLIANCE_20200618STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW lO 7� � DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATEC'��O YYYYMMDD North Carolina Secretary of State Search Results • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form L n ited Liability Company Name Quarter Landing, LLC mation Id:0871353 us: Dissolved , Formed: 10/9/2006 Eenship: Domestic ual Report Due Date: April 15th ual Report Status: istered Agent: Jenkins, Patrick dresses Mailing 2536 Wyse Fork Rd lrenton, NC 28585-9782 Reg Mailing 2536 Wyse Fork Rd Trenton, NC 28585-9782 mpany Officials ` h. �QSGt Principal Office 2536 Wyse Fork Rd Trenton, NC 28585-9782 Reg Office 2536 Wyse Fork Rd Trenton, NC 28585-9782 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member Member Faulkner CJS LLC-Michael S. Cole Ralph Jarvis 2536 Wyse Fork Rd 21 Academy Street Trenton NC 28585 Swan Quarter NC 27885 ..! DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program APPLICANT'S NAME: Swan Quarter Landing, LLC C/O Don Faulkner LOCATION OF PROJECT SITE: On SR 1136 (Landing Road) in Swan Quarter on a manmade canal off Fodrey Creek in Hyde County, North Carolina Photo Index - 2006: 113-8591; G-11,12, H,I-11,12,13 2000: 113-1202; G-11,12, H,I-11,12,13 State Plane Coordinates - X: 2,794,400 Y: 613,000 GPS Rover File: U041209B Swan Quarter (Lower left corner) INVESTIGATION TYPE: CAMA & D/F INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/12/07 Was Applicant Present - No PROCESSING PROCEDURE: Application Received - 04/20/2007 Office - Washington SITE DESCRIPTION: (A) Local Land Use Plan — Hyde County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PTA, CS, CW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing —N/A Planned - Swan Quarter Municipal Sewer System (F) Type of Structures: Existing — Hotel and Restaurant, 2 out buildings, 5 mobile homes, shelter, boat ramps, bulkhead, docks, gravel drive and parking area Planned - 5 condominium buildings (45 units), clubhouse, pool, paved parking, bulkhead, boat ramp with launch docks, dock, and boardwalk (G) Estimated Annual Rate of Erosion: None Source — Applicant HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands f2,105 ftz ±610 ft' (B) Non -Vegetated Wetlands ±225 ftz backfill/ramp shaded dock canal bottom boat ramp (C) Other ±217,800 ftz Highground (D) Total Area Disturbed: t5.06 acres (t220,515 sq. ft.) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to redevelop the site with 45 condominium units in 5 three-story buildings, paved access and parking areas, bulkhead a portion of the canal area around the new condominiums, install a boat ramp with two launch docks, and constrict a boardwalk adjacent the bulkhead. Swan Quarter Landing, LLC C/O Don Faulkner Hyde County Express Permit Review Program Project setting Sam Jarvis with Jarvis Consulting, Inc., on behalf of Swan Quarter Landing, LLC (C/O Don Faulkner), has requested the attached application be processed under the Express Permit Review Program, for a 5 building condominium (45 units total) development under the name of Swan Quarter Landing. The project site is located adjacent SR 1136 (Landing Road) within the Town of Swan Quarter on a manmade canal system off Fodrey Creek which empties into Swan Quarter Bay in Hyde County, North Carolina. The proposed project site comprises ±12.57 acres with ±4,653' of shoreline, and is the site of the old Jarvis Motel and Restaurant. The developed portion of the site is bordered on three sides by the canal system forming a peninsula. The canal adjacent the north side of this peninsula is ±40' wide and the canal adjacent the west end of the peninsula is ±30' wide. The section of canal adjacent the southern side of the peninsula that connects into the entrance canal is ±100' wide by±450' long and can best be described as a basin. Existing structures on the site include the old deteriorated motel and restaurant, gravel driveway, gravel and concrete parking areas, 5 uninhabitable mobile homes, 2 outbuildings, a shelter, a large concrete pad adjacent the canal, 2 boat ramps, numerous docks (most are unusable) along the canal systems, and remnant bulkhead along the most upstream section of the canal. The current amount of impervious surface within the 75' Coastal Shoreline AEC is 62,601 ft2 (17.9%). Overall, the site has 73,756 ft2 (13.5%) of impervious surface. The manmade canal leading into the site from Fodrey Creek is ±75' wide and flanked on both sides by old spoil berms. Steve Trowell, Field Representative with the Division of Coastal Management issued General Permit No. 47697-B on 28 February 2007 for maintenance excavation of the canal. The spoil berms have been cleared of vegetation in preparation for spoil deposition authorized by the General Permit. The spoil berm along the western side of the canal has been cleared of vegetation with the exception of several large pine trees. The larger spoil berm along the east side of the canal has also been cleared of vegetation and a ±36' wide by ±750' long area on the berm has been graded with raised side slopes in preparation of spoil deposition. The General Permit contained a dredging moratorium date of 1 April 2007 and the maintenance excavation was not undertaken prior to this date. The western boundary of the property as well as the area along the eastern side of the entrance canal have been delineated as Coastal Wetlands by Steve Trowell. These Coastal Wetland areas are dominated by Juncus roemerianus, with some Spartina alterniflora, S. patens, and Distichlis spicata. The upland portion of the site around the old motel and restaurant is vegetated with upland grasses, with some pines, cedar, wax myrtle, bay, and other herbaceous shrubs. The project site is bordered by Coastal Wetlands to the north, west, and south, and by commercial fish houses adjacent Swan Quarter canal to the east. Swan Quarter Landing, LLC C/O Don Faulkner Hyde County Express Permit Review Program Page Two The unnamed canal flows into Fodrey Creek which is classified as SA-ORW by the Environmental Management Commission. It is important to note that the Division of Water Quality has determined that the upper limit of the Outstanding Resource Water (ORW) designation ends at the upper limit of the natural potion of Fodrey Creek. Because of this, the project site is located outside the 575' ORW shoreline Area of Environmental Concern (AEC) but is within the 75' Coastal Shoreline AEC. The Division of Marine Fisheries has designated this area as a Primary Nursery Area. The site is ±3.0' above the NWL. Water depth in the canal system averages 5.5' below the NWL. Project description The applicant proposes to redevelop the site by removing the old hotel, restaurant, and associated structures and constructing 45 condominium units in 5 three-story buildings with parking underneath. A ±28' by ±28' clubhouse and a ±20' by ±40' pool with a ±10' concrete apron around the pool perimeter are proposed at the northeast corner of the site adjacent SR 1136. Access to the site will consist of asphalt access driveway with parking. The proposed impervious surface within the Coastal Shoreline AEC is 29,358 ftZ (8.4%). The overall proposed impervious surface is 49,712 ft2 (9.0%). The perimeter of the canal around the newly constructed condominiums, as well as the east side of the entrance canal will be stabilized with ±1,880' of vinyl bulkhead averaging 1' below the NWL with a maximum of 2'. A 6' wide wooden boardwalk is proposed along the landside of the bulkhead along the entire distance. A ±85, section of the boardwalk along the east side of the basin area will be constructed adjacent the bulkhead over the water. The entire perimeter of the boardwalk and dock section will have a railing around the perimeter to prevent boat docking. The applicant's long-range plans are to construct a marina associated with the condominium development and he will apply for the appropriate permit at that time. A ±15' wide by ±15' long concrete boat ramp is proposed along the east side of the entrance canal. The installation of the ramp will require the excavation of ±225 ft2 of canal bottom. A 5' wide by±10' long launch dock is proposed on each side of the boat ramp. A ±15' by ±25' concrete access drive will connect the ramp to the access road that is proposed on the old spoil berm. Sewer will be provided by connecting into the Swan Quarter Sanitary District (see attached agreement). Water will be provided by the Hyde County Water system (see attached agreement). Swan Quarter Landing, LLC C/O Don Faulkner Hyde County Express Permit Review Program Page Three Anticipated impacts The installation of the bulkhead will result in the filling of±1,880 ft2 of canal bottom. The installation of the boat ramp will result in the excavation and filling of ±225 ft2 of canal bottom. The construction of the 2 launch docks as well as the dock section on the basin will result in the shading of ±610 ft2 of canal bottom. The construction and upland fill activities will result in the disturbance of ±217,800 ft2 of high ground. The project as proposed will result in localized turbidity as a result of the construction activities. The project as proposed will result in a reduction of impervious surface within the Coastal Shoreline AEC from the existing ±17.9% to ±8.4%. David W. Moye — 20 April 2007 SWAN QUARTER LANDING NARRATIVE The project proposed is located in Hyde County, North Carolina in Swan Quarter Township. At the end of Landing Road (S.R. 1136) on the site of the old Jarvis Restaurant, Motel and Crab house. The total tract acreage is 12.57 acres and contains 4,653 linear feet of shoreline, 109,056.86 square feet of wetlands, 301,363.77 square feet of AEC, and 73,756 square feet /1.69 AC of existing impervious area. Total proposed impervious area is 49,712 SF / 1.14 AC for a net reduction of .55 AC. Existing impervious on -site includes 1 restaurant, 1 Motel, 2 existing boat ramps, 5 misc. concrete pads, gravel driveway, parking and storage areas, and I 1 other building structures. The existing impervious in the 75' CAMA area is 62,601 SF / 1.44 AC and the proposed impervious in the 75' CAMA area is 29,358 SF /0.67 AC for a net reduction of .77 AC. We propose to construct on this site: 45 residential condominiums with asphalt drives, 1 pool, 1 clubhouse, 1880 linear feet of bulkhead with 85 linear feet of docking, 1795 linear feet of boardwalk, and 1 boat ramp. Total area of impact due to proposed construction is 5.0 acres. Boardwalk will have attached fence to prevent docking. However, applicant is planning to modify permit to include boat slips and maintenance dredging in the future. With this proposed project we intend to redevelop this site to enhance and capture the aura of the community. We also intend to respect all environmental issues affecting the site and hope to decrease buffer impact and slow what erosion factors that have presented themselves. The project is in the Tar -Pamlico river basin and is surrounded by Fodrey Creek Canal and Directly off of the Swan Quarter Bay. The project will be using infiltration basins and sand filters for all storm water and treatment systems. Runoff from this project will be controlled during construction by silt fencing and sediment basins, after construction all runoff in excess of the 10 year storm will bypass the system. Vegetation on tract includes natural marsh lands, grassed areas, natural volunteer weeds, and brush. Adjacent properties uses are a Commercial Fishing Dock, Crab Houses, and Marinas. Property will be using the Swan Quarter Sewer District existing pump and grinder system for all on -site sewer needs. Property will be using the Hyde County Public Water System for all on -site water systems. Bulk heading We propose to construct 1880 linear feet of bulk heading, starting at the proposed boat ramp and continuing around property until joining up with the existing bulkhead located of the shoulder of Landing Road. Our finished bulkhead elevation will be 2.0' above NWL and will aid in eliminating shoreline erosion from wind currents and boat traffic. The bulkhead will be constructed of wooden pilings, whalers, and vinyl sheeting and will be properly anchored to shoreline. Approximately 1880 linear feet x 1 foot wide of sand backfrll will be used for this operation from a borrow pit. Boat Ramp Proposed Boat Ramp will be constructed to allow entrance into the Fodrey Creek Canal. It will be for private use only by patrons of the community. The dimensions of the ramp are 15' X 40' and will extend into public trust waters no more than 15' to a depth of 5.5', The ramp is to be constructed of a 6" concrete slab with wire mesh reinforcing. Bulkheading will run along both sides with docking on top and piers will extend out into water no more than 10'. Approximately 4.5 cubic yards of soil will be removed to construct ramp. Docking, Boardwalks, and Piers Proposed docking, boardwalks and piers will be constructed all atop the proposed bulkhead. The docks and boardwalks are for pedestrian traffic only and will not be available for boat slips, mooring or other marine activities. Construction fencing will be provided along the perimeter of the dock adjacent to the water to preclude access to the property. The docking will be 6.0' in width typically and will be constructed of dimensional treated lumber. DON MP4 7 lliap 1 �N iG [ wE Y �I% { ,s 'I I N'r P 1• r 6 S 6, 4 1 (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Swan Quarter Landing, Llc Swan Quarter Landing Applicant 1: First Name MI Last Name Don G Faulkner, JR. Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1322 Henderson NC ZIP Country - Phone No. FAX No. 27536 USA 252-438-0482 ext. 919-719-1819 Street Address (if different from above) City State ZIP 490 Faulkner Town Road Henderson NC 27537- Emall dfaulkner@colejeneststone.com 2. Agent/Contractor Information Business Name Jarvis Consulting, Inc. Agent/ Contractor 1: First Name MI Last Name Ralph S Jarvis Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 223 N Respess Street Washington NC ZIP Phone No. 1 Phone No. 2 27889 252 - 974 - 7794 ext. ext. FAX No. Contractor # 252 974 7795 Street Address (if different from above) City State ZIP N/A Email jarvispa@earthlink.net <Form continues on back> 252-808.2808 .. 1-888.4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Penult 3. Project Location County (can be multiple) Street Address State Rd. # Hyde ILanding Road 1136 Subdivision Name 11 City State Zip Swan Quarter Landing Swan Quarter NC 27885 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. a. In which NC river basin is the project located? - b. Name of body of water nearest to proposed project c, r- G m 1 "r.0 Fodrey Creek Canal c. Is the water body Identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Swan Quarter Bay e. Is proposed work within city limits or planning jurlsdiction? f. If applicable, Ilst the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Hyde County Planning 4. Site Description a. Total length of shoreline on the tract (R.) b. Size of entire tract (sq.ft.) 4,653 LF 12.57 ac (101,145.18 SF) c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3.0" ❑NHW or ®NWL e. Vegetation on tract Natural marsh lands, grassed, natural volunteerweeds, brush f. Man-made features and uses now on tract Restaurant, motel, trailer homes, bams, boat ramps, storage bams, concrete pads g. Identify and describe the existing land uses ad ac n to the proposed project site. Commercial fishing dock, crab house, marina h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) :]Yes ❑No MNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? NYes No k. Has a professlonal archaeological assessment been done for the tract? If yes, attach a copy. Yes ZNo EINA If yes, by whom? 1. Is the proposed project located in a National Registered Historic Dlsbict or does It Involve a OYes ONo UNA National Register listed or eligible property? <Form continues on next page> m. (1) Are there wetlands on the site? OYes No (11) Are there coastal wetlands on the site? ®Yes ❑No (ill) If yes to either (1) or (II) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastatmanagement. not Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit Describe existing wastewater treatment faclI[des. aThe Swan Quarter SewerDistrict has an existing wastewater treatment system and this project will connect to it. o. Describe existing drinking water supply source. Hyde County Water System (Public) p. Describe existing storm water management or treatment systems. Infiltration basins and sand filters 5. Activities and Impacts a. Will the project be for commercial, public, or private use? OCommercial Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. As residential condominiums, pool, club house, boat ramp c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It Is to be stored. Dozer, loader, backhoe, grader, pile driver,compaction d. List all development activities you propose. Construct bulkhead around property and along the impacted area. Backfll and fill site to higher elevation, construct buildings, dock, boardwalk, parking, drives, stonmwater management. e. Are the proposed activities maintenance of an existing project, new work, or both? Both,somegravel areas to remain f. What is the approximate total disturbed land area resulting from the proposed project? 5.0 ❑Sq.Ft or ®Acres g..Will the proposed project encroach on any public easement, public accessway or other area Yes No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. The management system stores the first flush runoff of 1 1/2 inches for infiltration through stone and sand, pre via post discharge volume. Also stored for 10-year storm. Only runoff in excessof the 10-year storm will bypass the system. I. Will wastewater or stormwater be discharged into a wetland? . ❑Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? UYes SlNo EINA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - M are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. 252-808.2808 :: 1-888.411 :: www.nccoostalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. A copy of the deed (with state appllcatlon only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (ripadan) landowners and signed return rerelpts as proof that such owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Ralph E. Jarvis Phone No. 252-926-5351 Address P O Box 248, Swan Quarter, North Carolluna 27885 Name Lee Bland and Madge J. Williams Phone No. 252.926-1227 Address 4270 Loop Road, Scranton, North Carolina 27875 g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. None known of h. Signed consultant or agent authodzaflon form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date February 22, 2007 Print Name Don G. Faulkner, Jr. c SignatureV - a;A Please Indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252.808-2808 :: 1-888-4RCOAST :: www.nceoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM.MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 15, Width 15, Avg. Existing 5,7' NA NA Depth Final Project 5.5 NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL In cubic yards. 4.5 CY c. (i) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SB ❑WL ®None (11) Describe the purpose of the excavation In these areas: Boat Ramp to Silt ❑This section not d. High -ground excavation in cubic yards. 16.6 CY i 1 Z DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location or aisposai area. A.) Backfill Bulkhead, B.) Existing Spoil Pile c. (1) Do you claim Ode to disposal area? ®Yes [:]No ❑NA (II) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area Include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (II) Describe the purpose of disposal in these areas: Spoil from Boat Ramp Installation Dimensions of disposal area. _ 140' x 2' x 4'; spoil area varies 2,000 to 10,000 SF d. (1) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (it) Ifyes, where? Existing spoil piles along banks f. (i) Does the disposal Include any area In the water? ❑Yes ®No ❑NA (it) If yes, how much water area Is affected? 3. SHORELINE STABILIZATION This section not applicable (If development is a wood groin, use MP-4 — Structures) 252-808-2808 :: 1-888-4RCOAST :: w .nccoastaimanagement.net revised: 12/26/06 Form DCBR MP-2 (Excavation and Fill, Page 2 of 2) a. Type of shoreline stabillzatlon: b. Length: 18 ' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 1'-0'TYP c. Average distance walerward of NHW or NWL: 1.0' d. Maximum distance watenvard of NHW or NWL: 2' - 0" e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 Wooden pilings, whalers,PVC Fabric Sheeting months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. In. Type of fill material. Bulkhead backfill 1880 Rlprap We Sand Breakwater/Sill_ Other I. Source of fill material. Contractor Pit 4. OTHER FILL ACTIVITIES [I This section not applicable (Excluding Shoreline Stabilization) a. (I) WIII fill material be brought to the site? INYes No ®NA b. (1) WIII fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or If yes, other wetlands (WL)? If any boxes are checked, provide the II Amount of material to be laced In the water () P number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill OWL ❑None (it) Describe the purpose of the fill in these areas: 15. GENERAL How will excavated or fill material be Kept on site ano erosion controlled? Silt Fence, bulkhead, control of runoff b. What type er cun5eucuue eyuwyuieui wui uc uS v tc.g., eFag n„c, backhoe, or hydraulic dredge)? Backhoe, pile driver,dozer (1) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed In transporting equipment to project ❑Yes ®No ❑NA site? []Yes ®No ❑NA (li) If yes, explain what type and how they will be implemented. (li) If yes, explain steps that will be taken to avoid or minimize environmental impacts. uary 22, 2007 i Quarter Landing ct Name G Faulkner, Jr. it Name plicant :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. GENERAL UPLAND DEVELOPMENT a. Type and number of bulldings, facilities, units or structures b. Number of lots or parcels. proposed. 1 . 5 condominimum buildings with 9 units each = 45 units, Iclubhouse,pool and deck, parking c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 45 = 3.58 units / acre 5.0 Ac potential e. If the proposed project will disturb more than one acre of land, the I. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing Asphalt, concrete, mad activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (II) If yes, list the date submitted: Jointly with CAMA g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by Impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways or parking. (1) Has a site development plan been submitted to the Division of Water Quality for review? 16% []Yes ®No ❑NA 1. Give the percentage of the entire tract to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, (11) If yes, list the date submitted: Jointly or to be used for vehicular driveways or parking. 25.4% 1. Describe proposed method of sewage disposal. k. Have the facllities described In Item (i) received state or local On -site pump and grinder connected to Swan Quarter approval? Sewer Authority ❑Yes SNo ❑NA If yes, attach appropdate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project Include an Innovative stormwater state (e.g., surface runoff, sanitary wastewater, Industrial/ design? commercial effluent, 'wash down" and residential discharges). ®Yes ❑No ❑NA The runoff volume between pre v/s post development is If yes, attach appropriate documentation. stored on site and the 1 1/2 inches for coastal stone water management - no direct discharge to surface to surface waters until the 10-year storm has been exceeded. Residential generated only. 252.808.28082 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 12126/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Hyde County Water System (Public) o. When was the lot(s) platted and recorded? February 22,2007 February 22, 2007 Swan Quarter Landing Don G. Faulkner, Jr plicant Name v ':�A/'� p plicant Signature i n. (1) WIII water be Impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development Is a subdivision, will additional utilities be Installed for this upland development? ®Yes ❑No ❑NA 252.808.2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net revised: 12126/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (I) Is the docking facility/marina: b. (1) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment EPdvate/Community []Yes ®No c. (1) Dock(s) and/or piers) d. (1) Are Finger Piers Included? ®Yes []No (il) Number 1 If yes: (ill) Length 85 LF (11) Number (iv) Width 6,01 (III) Length 10 (v) Floating []Yes ®No IN) Width 5 (v) Floating []Yes ®No e. (1) Are Platforms Included? []Yes ®No f. (I) Are Boatlifts Included? ❑Yes ®No If yes: If yes: (11) Number (11) Number (111) Length (III) Length (Iv) Width (Iv) Width (v) Floating ❑Yes []NO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed In. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service n/a ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: 1 ❑ Other, please describe: 1. Check the proposed type of.sifing: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water, no dredging required []Other; please describe: k. Typical boat length: m. (1) WIII the facility have be pilings? ❑Yes ®No (ii) If yes number of fie pilings? iris J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) WIII the facllittyy be open to the general public? []Yes ®No 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable 252.808.2808 :: 1.888.4RCOAST .; www.nccoastaimanagetnent.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: Describe treatment type and disposal location for all sanitary wastewater. Describe the disposal of solid waste, flsh offal and trash. How will overboard discharge of sewage from boats be controlled? (I) Give the location and number of "No Sewage Discharge" signs proposed. (II) Give the location and number of "Pumpout Avallable" signs proposed. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. Where will residue from vessel maintenance be disposed of? Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. What will be the manna policy on overnight and live -aboard dockage? - Describe design measures that promote boat basin flushing? If this project is an expansion of an existing marina, what types of services are currently provided? Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No Is the marina/docking facility proposed within or adjacent to coastal wedanda/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None :: 1-888ARCOAST :: www.nccoastalmanaaement.net revised: 12/27108 Form DCM MP-4 (Structures, Page 3 of 4) p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? ❑Yes [:]No If yes, give the name and address of the leaseholder(s), and give the proxlmlty to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (II) Number . (III) Length . (Iv) Width Note: Roofed areas are calculated from dripline dimensions. r4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number . (II) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑PubliciGovemment ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, Inscription, size, anchor, etc.) Note: This should be measured from marsh edge, If present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Dock 130', Finger Pier 78' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Dock 95'. Finger Pier 78' e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Pro:dmity of structure(s) to adjacent docking facilities. Finger Piers 1400+/-, Dock 1800' +/- d. Water depth at watenvard end of structure at NLW or NWL 5_5' 8. OTHER ®This section not applicable 252-808.2808 :: 1-888.4RCOAST :: www.necoastalmanagement.net revised: 12/27/06 DCPA Mir-4 (Structures, Page 4 of 4) a. SWAN QUARTER SANITAR Y DIS TRICT Post Office Box 21 Swan Quarter, North Carolina 27885 Carl M. Cahoon, Jr. Chairman Wayne Hodges, Kee -Chairman Jeffrey Stotesberry, Secretary/Treasurer April 17, 2007 TO WHOM IT MAY CONCERN: RE: Swan Quarter Landing LLC By authority of the Board of Directors of this sanitary district in regular session on Monday evening, April 16, 2007, please be advised that the proposed Swan Quarter Landing LLC project is located within the boundaries of Swan Quarter Sanitary District and that this district has the capacity to receive wastewater from the proposed project of residential units. This notice is given based on engineering drawings and projections presented to the board for review on the above date. Thank you for your assistance with this application to move forward with the proposed project that is so vital to this community's growth. Sincerely yours, SWAN QUARTER SANITARY DISTRICT c�naa4 Hyde Services, Coridactor fdr business services to the district Frank S. Bryan, Jr., President cc: Board of Directors Maui and tk j of Project/ Actlylty C22?4rgle. 7CJ G% I t //i r !� -G!/. G G /97r'itlf �ixr� Y / _� ors. � -pia° zl n r4 ... PIi (dock) length Platform(s) Finger pler(s) Groin length.' 1 number Bulkhead/ Riprap length avg distance offshore . max distance offshore cubic yards ramp louse/ Boatllft i Bulldozing eline Length `¢ e�a nottore' yet no (bags: notsure ,yes o atorlum n/a [,Yft 'no :os �Xr+,, o Ver Attached. C/ no ■ 9f6l1!� I�i11 IN IN,INN I�1�, ICI ■■ ?3 s: UNNINION 9 ■c■��Iii ■i INK Ole A building permit maybe required by:`/ Notes/S edalCo/nd1tions Ea'6#0y i0.� I/1 LGr/lG(>l x nU�ili 47 dZAVG) 4 k112Z' AAr')1- Agen I1cant"Prf9tedName CC33 Signatur 1p^' lease read compliance staterl:enton back ofpermk's"' pllcationF�#0�`� . .i . See note on back regarding River Basin -+ 6i Iuuing Da�� Expiration Date Loal Ey// PlanningJurisdiddon" Rover Ftle Name Page 1 of 1 Clint Berry From: Clint Berry [cberry@hydecountync.gov] Sent: Monday, April 16, 2007 4:27 PM To: Don Faulkner Cc: Clint Berry Subject: Swan Quarter Landing Don Faulkner The Hyde County Water System has a 4" water main that runs down the Landing Rd. in Swan Quarter to serve the Swan Quarter Landing project that consist of a 45 unit complex. It will be the responsibility of the developer to bear all cost associated with the installation of water lines and related costs of installation to provide water service from the nearest connection to the individual lots. Clint Berry Water Department Manager No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.446 / Virus Database: 269.4.0/762 - Release Date: 4/15/2007 4:22 PM No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.446 / Virus Database: 269.4.0/762 - Release Date: 4/15/2007 4:22 PM 4/17/2007 N Subject: RE: SQL From: "Pat Jenkins" <tpjenkins@sellershinshaw.com> Date: Thu, 19 Apr 2007 14:18:08 -0400 To: "ColeJenest & Stone - Donald G. Faulkner, Jr." <dfaulkner@colejeneststone.com> CC: <Scott.Vinson@ncmail.net>, <David.Moye@ncmail.net>, <Tery.Moore@ncmail.net>, <sam.j arvispa@earthlink.net> Gentlemen: I am counsel for Swan Quarter Landing, LLC as well as its registered agent. The controlling member of Swan Quarter Landing, LLC is Faulkner CJS, LLC. In the Swan Quarter Landing, LLC Operating Agreement, Donald G. Faulkner is expressly designated as the authorized member to bind Faulkner CJS, LLC in all Swan Quarter matters and therefore is authorized to sign the CAMA permit on behalf of Swan Quarter Landing, LLC. Please let me know if you need any further information. Patrick Jenkins T. Patrick Jenkins Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A. 301 S. McDowell St., Suite 410 Charlotte, NC 28204-2686 Phone: 704-377-5050 (Ext. 108) Fax: 704-339-0172 email tpierikinsa,sellershinshaw.com Visit our website at www.sellershinshaw.com IRS CIRCULAR 230 NOTICE: To ensure compliance with reguiremems unposed by the IRS. ive inform you that any U.S. federal rat advice conmined in this communication (ar in any attachment) is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or (h) promoting, marketing or recommending to another parry air), transaction or natter addressed in this communication (or in any attachment). PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confdmmial property of the sender. The information is intended only for the use of the person to what, it "'as addressed. Aqv other inierceplion, copying, accessing, or disclosure of Unis message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. Ifyou have received this message in error, please immediately notify the sender and purge tire message you received. Do not forward this message uiidcut permission. -----Original Message ----- From: ColeJenest & Stone - Donald G. Faulkner, Jr.[mailto:dfaulkner@colejeneststone.com] Sent: Thursday, April 19, 2007 1:30 PM To: Pat Jenkins Cc: Scott.Vinson@ncmail.net; David.Moye@ncmail.net; Terry.Moore@ncmail.net; sam.jarvispa@earthlink.net Subject: SQL Pat, Can you send an email to the above addressees saying I am an authorized signing member of Swan Quarter Landing,LLC. They looked up the Sec of State Corp. website and you are listed as the registered agent. They need to have verification that I can sign the CAMA permit. Thanks, Don Donald G. Faulkner, Jr. 1 of2 1 4/19/2007 2:20 PM State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may he photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Swan Quarter Sanding, TLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Don G. Faulkner, Member 3. Mailingg Address for person listed in item 2 above: P O Pox 1322 City: Henderson State: NC Zip: 27537 Telephone Number: ( 252 ) 438-0482 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Swan Quarter Landing 5. Location of Project (street address): Landing Road City: Swan Quarter County: Hyde 6. Directions to project (from nearest major intersection): Approaching Swan Quarter from the west`.on NC 45, turn right on SR 1136; 1/4 mile on right 7. Latitude: 350 24' 25" Longitude: 760 20' 08" of project 8. Contact person who can answer questions about the project: Name: Ralph S. Jarvis Telephone Number: ( 252 ) 974 7794 II. PERMIT INFORMATION: 1. Specify whether project is (check one): x New Renewal Modification Form SINU-101 Version 3.99 Page 1 of 4 OAVIS & DAVIS ATTORNEYS AT LAW SWLN QUARTER,N.C. S/2'I 19 Iisued Feb 22 2007 12,90.00 efaf• of Hydo North Caro% Counfy eat Eatate Exolae Tax NORTH CAROLINA HYDECOUNTY FILED in Myyde Counfy, NC on Fob 22 2QD070of 1a:121 AM 10F.Lter ff110f QO 9ads BOOK 224 PAGE 540 THIS DEED made this the 17"' day of January, 2007, from RALPH E. JARVIS and wife, SOPHIA T. JARVIS, of the County of Hyde, State of North Carolina, parties of the first part, to SWAN QUARTER LANDING, LLC, a limited liability company organized and existing under and by virtue of the laws of the State of North Carolina of 301 South McDowl I Street, Charlotte, North Carolina 28204, party of the second part, WITNESSETH; THAT SAID PARTIES of the first part for ten dollars ($10.00) and other valuable consideration to them in hand paid by the party of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents, do grant, bargain, set], and convey unto the party of the second part, its successors and assigns, that certain parcel of ]and located in the Village of Swan Quarter in Swan Quarter Township, Hyde County, North Carolina, which is more particularly described as follows: BEGINNING AT A POINT evidenced by an iron pipe set in the ground and in the northwest comer of that parcel of land shown on a map entitled, "Property of Thomas Edison Brickhouse...", prepared by Aubrey Wayne Gibbs, RLS, under date of February 1, 1974, a copy of which is of record in the Office of the Register of Deeds of Hyde County, North Carolina, in Book 96 at page 384; running thence North 81 degrees 55 minutes 06 seconds East, along the north line of the lands shown on said map, 27.93 feet to a point; running thence North 09 degrees 50 minutes 32 seconds West, 2.13 feet to a point; running thence North 81 degrees 16 minutes 53 seconds East, 170.82 feet to a point; running thence South 12 degrees 13 minutes 00 seconds East, 4.04 feet to a point; running thence North 81 degrees 55 minutes 06 seconds East, 42.94 feet to a point in the southwest line of the old Mattamuskeet Railroad bed right of way; running thence North 43 degrees 04 minutes 54 seconds West, 200.00 feet to a point evidenced by a piece ofrebar set in the ground; running thence North 34 degrees 04 minutes 54 seconds West, continuing along said line of said railroad bed right of way, 552.00 feet to a point evidenced by another piece SISa bL6 2S2:01 :WOJj 82.2I L002-22 DAVIS d DAVIS ATTORNEYS AT LAW SWAN OUANTCM, N.C. BOOK 224 PAGE 541 of rebar set in the ground; running thence South 53 degrees 36 minute 41 seconds West, 41.54 feet to a point; running thence in a generally west direction and then in a southwest direction, and then in a south direction, along the top of the north, northwest, and west bank of a canal, on the courses and for the distances as follow: North 81 degrees 49 minutes 25 seconds West, 64.64 feet to a point; South 63 degrees 55 minutes 25 seconds West, 103.01 feet to a point; South 47 degrees 57 minutes 02 seconds West, 53.27 feet to a point; South 16 degrees 33 minutes 34 seconds West, 120.78 feet to a point; South 24 degrees 37 minutes 37 seconds East, 72.49 feet to a point; and South 17 degrees 47 minutes 28 seconds East, 100.81 feet to a point in the top of the bank of the north side of the aforementioned canal; running thence South 76 degrees 49 minutes 06 seconds West, along the top of the bank of the north side of said canal and beyond the end of the same, 949.71 feet to a point; running thence South 19 degrees 26 minutes 21 seconds West, 93.09 feet to a point; running thence South 24 degrees 09 minutes 27 seconds East, 19.28 feet to a point (herein referred to as "Point A"); running thence in a southwest direction, along the southeast edge of Fodry Creek, and with the meanders thereof, to a point (herein referred to as "Point B") situated 120.61 feet on a course of South 65 degrees 52 minutes 19 seconds West from "Point A"; continuing thence in a southwest direction, along the southeast edge of Fodry Creek, and with the meanders thereof, to a point (herein referred to as "Point C") which is situated 112.15 feet on a course of South 51 degrees 12 minutes 06 seconds West from "Point B"; continuing thence in a southwest direction, along the southeast edge of Fodry Creek, and with the meanders thereof, to a point which is situated 181.56 feet on a course of South 64 degrees 31 minutes 05 seconds West from "Point C; running thence North 82 degrees 21 minutes 37 seconds East, 379.12 feet to a point; running thence North 81 degrees 25 minutes 06 seconds East, 160.00 feet to a point; running thence North 75 degrees 19 minutes 28 seconds East, 119.95 feet to a point; running thence North 81 degrees 55 minutes 06 seconds East, along the south line of the lands shown on a map entitled, "Plan ojLand Mapped For Ralph E. Jarvis ...", prepared by W. B. Duke, RLS, under date of December 16, 1969, a copy of which is of record in the Office of the Register of Deeds of Hyde County, North Carolina, in Book 89 at page 307, 692.64 feet, to a point; running thence North 15 degrees 51 minutes 06 seconds West, 118.07 feet to a point; running thence North 78 degrees 40 minutes 56 seconds East, 50.84 feet to a point evidenced by a piece of rebar set in the ground; running thence South 46 degrees 09 minutes 43 seconds East, 70.00 feet to a point; running thence South 66 degrees 41 minutes 13 seconds East, 22.57 feet to a point; running thence North 87 degrees 22 minutes 36 seconds East, 50.19 feet to a point; running thence North 75 degrees 27 minutes 01 second East, 98.80 feet to a point evidenced by a piece of rebar set in the ground; continuing thence North 75 degrees 27 minutes 01 second East, S.S'd'' S6L1 t�L6 2S2:o1 :Woj-d 82:2L parcel of land: BOOK 224 PAGE 542 72.20 feet to a point (herein referred to as "Point D") evidenced by another piece of rebar set in the ground; running thence South 76 degrees 10 minutes 1 I seconds East, 65.73 feet to a point evidenced by another piece of rebar set in the ground; running thence South 17 degrees 56 minutes 04 seconds East, 43.60 feet, to the point of beginning. TOGETHER WITH an easement or rights of way across the following described BEGINNING AT Point D, referred to above; running thence South 76 degrees 10 minutes 1 1 seconds East, along one of the south lines of the parcel of land described above, 4.46 feet to a point; rumting thence South 41 degrees 32 minutes 02 seconds West, 28.44 feet to a point; running thence South 04 degrees 16 minutes 36 seconds East, 76.09 feet to a point; running thence South 59 degrees 22 minutes 40 seconds East, 24.60 feet to a point in the northwest line of the right of way of NCSR # 1136, better known as the Swan Quarter Landing Road; running thence South 65 degrees 31 minutes 17 seconds West, along the north line of said road, 65.70 feet to a point; running thence North 36 degrees 52 minutes 26 seconds East, 20.48 feet to a point; running thence North 04 degrees 16 minutes 36 seconds West, 83.58 feet to a point; running thence North 54 degrees 44 minutes 41 seconds West, 34.86 feet to a point in one of the south lines of the above described parcel of land; running thence North 75 degrees 27 minutes 01 second East, 72.20 feet to the point of beginning. THIS EASEMENT IS to be used in as a means of ingress, egress, and regress for men, equipment, vehicles, and utility lines passing between N.C.S.R. #1136, and the parcel of land described above and the lands of the parties of the first part or one of them lying adjacent to and south of the parcel of land described above. In that regard, the party of the second part shall have the right to demolish the improvements sitting within said easement, including the portion of said improvements that lay outside of the boundaries of said easement, and to construct such roadway or driveway on said premises as it in its discretion shall determine. THIS CONVEYANCE is made subject to the following: The 2007 and subsequent years' taxes and assessments assessed and to be assessed against said lands by Hyde County; 2. Such easements as may be outstanding across said lands for utility lines and public roads; 3. Such rights as the owners of other lands have to drain through and maintain any ditches that bound or cross said premises; and, IS & DAVIS PNEYS AT LAW OWnTen, N.C. c1+7-14 cc,>> hrF 7C7:0I :WOJj 62:2T DAVIS & DAVIS •*TORNEYS AT UW SWAN QUPRTER,N.C. BOOK 224 PAGE 543 4. Such rights as others have in the waters and bottom of Fodry Creek and the ditches and canals that flow into it. TO HAVE AND TO HOLD the above described parcel of land, together with all improvements thereon and appurtenances thereto, unto it, the said party of the second part, its successors and assigns to its only use and behoof, in fee simple absolute forever. AND THE SAID parties of the first part, do for themselves, their executors, administrators, and heirs, covenant to and with the party of the second part, its successors and assigns, that they are seized of said premises in fee and have a right to convey the same in fee simple, that the same are free and clear of all liens and encumbrances, except as set out above, and that they will forever warrant and defend the title to the same against all other lawful claims. IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands, the day and year first above written. Ralph E. Jarvis Sophia . Jarvis (T NORTH CAROLINA HYDE COUNTY 1, George Thomas Davis, Jr., a notary public of the County of Hyde, State of North Carolina, certify that the following persons personally appeared before me this day, acknowledging that they voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Ralph E. Jarvis and Sophia T. Jarvis for themselves: This the 17' day of January, 2007. Notary Public (Signature) °, o Notary Public (Printed Name) „1 Q-/-L-)5 Date Commission Expires CnOowmenu and Seuinga' Tam Unis:My Um:umemdlhedn1H69$"nSQLlIc-W D.upd c,c•A'' cFii Wr, 7C7:01 :WOJj 02:2T