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HomeMy WebLinkAboutSW8080830_HISTORICAL FILE_20081008STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 U k o k 3 U DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20otd10 0r6 YYYYMMDD Johnson, Kelly From: David Newsom [crystalcoasteng@bizec.rr.com] Sent: Monday, March 31, 2014 12:14 PM To: Johnson, Kelly Cc: Jerry Gower; Jerry Gower Subject: RE: Riggsfield Subdivision Attachments: CCF03312014_00001.pdf See attached. From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: Monday, March 31, 2014 10:49 AM To: David Newsom Subject: RE: Riggsfield Subdivision That is fine. I was just trying to make it easy. KJ From: David Newsom [mailto:crystalcoasteng@bizec.rr.com] Sent: Monday, March 31, 2014 10:42 AM To: Johnson, Kelly; Scott, Georgette; oowcons(o)aol.com; mtpleasant@embarcimail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailev2@usace.army.mil; Sams, Dan; rea lestate@Ifcattornevs.com Subject: RE: Riggsfield Subdivision I am a little uncomfortable sealing an email..... Think I would rather modify a typical Eng Stormwater Cert, and send that. I think I can come up with something that will suffice. From: Johnson, Kelly [mailto:kelly.p.iohnson@ncdenr.gov] Sent: Monday, March 31, 2014 10:17 AM To: David Newsom; Scott, Georgette; gowcons@aol.com; mtpleasant@embargmail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailey2@usace.army.mil; Sams, Dan; rea lestate@ f fcattorn eys. com Subject: RE: Riggsfield Subdivision David, We don't have a standard certification for this because it is an unusual system. If you want to just print your previous email, stamp it and either mail it In or scan/email It to me we will close this one out. Thanks, KJ From: David Newsom [mailto:crystalcoasteng@bizec.rr.com] Sent: Monday, March 31, 2014 8:42 AM To: Johnson, Kelly; Scott, Georgette; gowcons@aol.com; mtpleasant@embaramail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailev2@usace.army.mil; Sams, Dan; realestate@ Ifcattornevs.com Subject: RE: Riggsfield Subdivision Johnson, Kelly From: David Newsom [crystalcoasteng@bizec.rr.coml Sent: Thursday, March 20, 2014 9:04 AM To: Johnson, Kelly; Scott, Georgette; gowcons@aol.com; mtpleasant@embargmail com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David.E.Bailey2@usace.army.mil; Sams, Dan; realestate@lfcattorneys.com Subject: RE: Riggsfield Subdivision Ms Johnson, They have a little bit of retrofit (extend some of the drop pipes) to do ..... they plan on getting that done in the next week .... Once done, I will take another look, and if satisfactory, will issue the Cent and then HOPEFULLY we can put this one behind us. THanks From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: Thursday, March 20, 2014 8:33 AM To: Scott, Georgette; David Newsom; gowcons@aol.com; mtpleasant@embarqmail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David.E.Bailey2@usace.army.mil; Sams, Dan; realestate@lfcattorneys.com Subject: RE: Riggsfield Subdivision All, I understand that the rock pad has been installed. Once we received the certification discussed in the email below the site will be in compliance with the stormwater permit. Please see the attached letter. Thanks, Kelly From: Scott, Georgette Sent: Friday, October 11, 2013 9:21 AM To: David Newsom; Johnson, Kelly; gowcons(a)aol.com; mtoleasanKalembaramail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailey2Colusace.armv.mil; Sams, Dan; rea IestateCal Ifcatto rneys.com Subject: RE: Riggsfield Subdivision David, Kelly and I agree that this is the way forward for this issue. Please proceed with your recommendation for a "rock pad" to address the erosion issue noted by Karl Hammers in his inspection report. Once this has been corrected could you provide us with a certification that the system has been built in substantial compliance with the stormwater regulations and that the revised design will prevent future sediment deposition into the wetlands. Once we receive you certification we will re -inspect and close out this project issue. Gcorgctic Scott Slormwatcr Progrwn Supervisor Slate Slormwatcr Program NC Division of Encgt ', Mineral mid L:uxl Rcsourccs 127 Cardinal Drive Ext. ru I was finally able to get by the site last Friday to see the "re -work" to the slope drain system. As you know, some "re- work" was requested following inspections by both myself and Karl Hammers shortly after the slope drains were initially installed. Based on that inspection, it does appear that the requested modifications to the slope drain system (cut off flush slope drain inlets and extend slope drains to the toe of rock fill slope) were indeed made. On that date (2/28/14), it appeared that the slope drains were functioning as intended, conveying the majority of the water down the rock fill slope thru the slope drain pipes, rather than over, thru and under the rock slope. As you know, flow of water thru and under the rock slope was suspected of contributing to the erosion and sedimentation observed in this area. Based on my recent observations, it is my belief that this situation is now adequately remedied.... and I do not anticipate any additional significant erosion and/or sedimentation. Over the next few months, I will continue to periodically visit the site to confirm continued proper operation. If there are any future problems at this location, I will certainly let both the owner/builder as well as DEMLR folks know. If some sort of certification is required, just let me know exactly what is necessary. I am not accustomed to certifying such devices, but can certainly do so if it is required in this case. Thanks From: Johnson, Kelly[mailto:kellv.o.iohnson(aIncdenr.gov] Sent: Thursday, March 20, 2014 8:33 AM To: Scott, Georgette; David Newsom; gowcons(abaol.com; mtoleasant(&embargmail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailey2(o)usace.armv.mil; Sams, Dan; rea Iestate(a)lfcattorneys.com Subject: RE: Riggsfield Subdivision All, I understand that the rock pad has been installed. Once we received the certification discussed in the email below the site will be in compliance with the stormwater permit. Please see the attached letter. Thanks, Kelly From: Scott, Georgette Sent: Friday, October 11, 2013 9:21 AM To: David Newsom; Johnson, Kelly; clowcons(a)aol.com; mtoleasantCalembarcimail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailey2Ca>usace.army.mil; Sams, Dan; rea IestateCablfcattornevs.com Subject: RE: Riggsfield Subdivision David, Kelly and I agree that this is the way forward for this issue. Please proceed with your recommendation for a "rock pad" to address the erosion issue noted by Karl Hammers in his inspection report. Once this has been corrected could you provide us with a certification that the system has been built in substantial compliance with the stormwater regulations and that the revised design will prevent future sediment deposition into the wetlands. Once we receive you certification we will re -inspect and close out this project issue. Georgette Scott Stonnwatcr Progrwii Supervisor Statc Stornnvater Progn:un NC Division oh Energy, Mineral mid Lail Resources 127 Cardinal Drive tat. NVilmington, NC 2840.5 Phone (910) 796-7339 Fax (9 t 0) 350-2004 6mad comesrondence Io and from this address may be subject to tie North Carolina Public Recotxis law and nm) Ix; disclosed to thwd panics. From: David Newsom [mailto:crystalcoasteno(albizec.rr.com] Sent: Thursday, October 10, 2013 11:11 AM To: Johnson, Kelly; gowcons(alaol.com; mtoleasant(alembargmail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailev2(alusace.armv.mil; Sams, Dan; Scott, Georgette; rea lestate(a)lfcattorneys.com Subject: RE: Riggsfield Subdivision Ms Johnson, We provide the following comments on behalf of Mr. Gower. As you noted in the below email, two (2) issues remain unresolved. 1) 1) Piping installed in PORTION of 3:1 swale contrary to Low Density Permit 2) 2) Slope erosion at"rock pad" With regard to issue 1)...... Only a very small portion (approx 62') of the existing swale was piped (the entire lot line totals 196). Mr. Gower contends that it was necessary to install this piping to facilitate construction of a home and driveway on the adjacent lot ( a cul de sac lot with very narrow frontage). At this point, removal of this pipe will likely impact (undermine) the adjacent driveway and may also impact adjacent building foundation(s) due to their proximity. The entire area. Including piping ,upstream and downstream swales are now STABLE (not eroding). This is notable, since a considerable volume of water is "funneled" to this location. Any subsequent disturbance associated with pipe removal will likely result in additional erosion and downstream sedimentation. As the short section of pipe is followed (downstream of pipe terminus) by 50' + of vegetated (grass) filter, is it arguable that any water quality benefit is to be achieved by requiring its removal. Considering the above, we hereby request that DWQ/DWR (DEMLR) consider allowing, as a "special circumstance", this short section of piping to remain. With regard to issue 2)...... Based upon recent inspection, there does indeed appear to be some continued minor erosion and sedimentation at the "rock pad" location. It appears water is undermining (passing underneath the CI B stone" (rather than flowing through and over), eroding the underlying sandy loam base material as it does so. I believe some minor modification of the "rock pad" (filter fabric and reshaping) may alleviate this issue. With regard to your comment "DWQ has been transferred to the Division of Water Resources (DWR) ......this will streamline communication for this project and make this easier", we certainly agree. In the past. Mr. Gower has received from DWQ and Land Quality often conflicting directives, leading to some confusion as to how best for him to remedy the situation. I think all agree the recent re -structuring will help bring resolution. Thanks again... We eagerly await your response From: Johnson, Kelly [maiIto: kelly.pjohnson(ancdenr.gov] Sent: Tuesday, October 08, 2013 2:54 PM To: gowcons(alaol.com; mtpleasantO)embaramail.com Cc: Hammers, Karl; Conway, Jean; Steenhuis, Joanne; David. E.Bailey2(a)usace.armv.mil; Sams, Dan; Scott, Georgette; 'David Newsom; realestateCa)lfcattorneys.com Subject: Riggsfield Subdivision Mr. Butch and Mr. Gower, What is the current status of removing the pipe, repairing the rock pad at the end of the pipe, and the fixing the associated wetland sedimentation at Riggsfield Subdivision? There have been many emails and conversations among various involved parties lately, and so I have included everyone on a single email in order to try to facilitate this discussion. As you know I had requested that the pipe be removed via the attached letter from the Division of Water Quality, (DWQ), and Karl Hammers of the Division of Land Resources (DLR) had requested that the eroded rock pad at the end of the pipe be fixed. I believe you all have also been in contact with Jean Conway (DWQ), Joanne Steenhuis (DWQ), and David Bailey (CORPS) about sediment draining to the wetlands after the pipe. As a point of clarification, on August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR), which is the "new" Division name for DLR. And, the rest of DWQ has been transferred to the Division of Water Resources (DWR). So, there have been a lot of changes with our Divisions. But, the good news is that Karl and I are now in the same Division and so hopefully this will streamline communication for this project and make this easier. And, Karl and I also still work in the same building with Jean and Joanne. I have cc'd them as well as David Bailey. I have also cc'd John Ceruzzi (Mr. Butch's attorney), David Newsom (Mr. Gower's engineer), Dan Sams (DEMLR Wilmington Office Supervisor), and Georgette Scott (DEMLR State Stormwater Wilmington Office Supervisor). I sent the attached inspection report on April 4, 2012 requesting that the pipe be removed in order to meet the State Stormwater low density law. Karl has also mailed several inspection reports requesting that the rock pad be repaired, the most recent of which is from October 4, 2013, attached. I understand from correspondence with John Ceruzzi, an attorney for Dominic Butch of Mt. Pleasant Construction Co., Inc., in October 2012 that he was involved in resolving the issue between his client (who is also the State Stormwater permittee) and Jerry Gower of Jerry Gower Construction Co., Inc. (a builder who I have been told installed the pipe and the rock pad). But, I understand that the pipe is still installed, the rock pad continues to wash out, and the sediment may continue to drain to the wetlands. We are interested in resolving this issue, and your input on the solution is appreciated. Thanks, Kelly K2LLLJJ0k USDIA, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Lk) t 60a$30 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary December 02, 2013 LETTER OF RECEIPT OF REVISED EROSION CONTROL PLAN Mt. Pleasant Construction Co Inc ATTN: Dominick S Butch 814 New Bridge St, Suite C Jacksonville, NC 28540 Jerry Gower Construction Co., Inc. ATTN: Jerry Gower 7324 Siemen's Road Wendell, NC 27591 RE: Project Name: Riggsfield Subdivision Project 1D: ONSLO-2009-014 County: Onslow, Riggs Road, White Oak River Basin: White Oak Stream Classification: HQW Submitted by: David Newsom, Crystal Coast Engineering Date Received by LQS: November 26, 2013 Plan Type: Revised Dear Mr. Butch and Mr. Gower: This office has received the revised soil erosion and sediment control plan submitted for the project listed above. G.S. I I3A-54.1(a) requires that this office approve or disapprove a submitted revised plan within 15 days of receipt of such plan. Failure to act by this office within this time period shall be deemed approval of the revised plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. The approval of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules. If you have questions please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004 Letter of Revised Receipt Project: Riggsfield Subdivision December 02, 2013 Page 2 of 2 Since e/I l — e, G/4^"— Karl Hammers Environmental Specialist Land Quality Section cc: David Newsom, Crystal Coast Engineering LQS-WiRO NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES EROSION and SEDIMENTATION CONTROL PLAN PRELIMINARY REVIEW CHECKLIST PROJECT NAME: Riggsfield Subdivision DATE: December 02, 2013 PROJECT NO.. ONSLO-2009-014 COUNTY: Onslow To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application has been made and has shown the need for additional information as specified below. To meet our review schedule, any additional information should be received by this office no later than (December 07, 2013). Failure to meet this schedule may result in disapproval of your plan. The following items shall be incorporated with respect to specific site conditions, in an erosion & sediment control plan: Comments: If this is the design for permanent stabilization the holder of the stormwater permit, Mt. Pleasant Construction Company, will need to agree to this design and submit a permit modification request for the stormwater permit and have it approved before the erosion and sediment control permit will be closed. LANIER, FOUNTAIN & CERUZZI ATTORNEYS AT LAW W NV W Ifcattomeys corn CHARLES S LANIER KEI'fH E FOUNTAIN JOHN W. CERUZZI STEVEA QUINN JOHN T CARPER, III JESSICA L TARSI JON-PAUL B SABBAH KYLE E FOUNTAIN May 31, 2012 Ms. Kelly Johnson NCDENR-DWQ Wilmington Regional Office 127 Cardinal Dr. Extension Wilmington, NC 28405 Re: Riggsfield Subdivision Stormwater Permit No. SW8 080830 Onslow County Mt. Pleasant Construction Co., Inc. Dear Ms. Johnson: MAILING ADDRESS 114 OLD BRIDGE STREET JACKSONVILLE, NC 28540 TELEPI IONS: (910) 455-4175 FACSIMILE: (910) 455-1406 ECEIVE JUN 0 1 2012 BY: The purpose of this letter is to give you an update as to the status of the above referenced property. On May 30, 2012, 1 spoke with Jerry Gower, whose company built the house located on lot 8, and he advised that my correspondence from May 8, 2012 had been forwarded to him. He informed me that he will be removing the culvert between lots 7 & 8 within the next few weeks, weather permitting, and returning the Swale to its original condition. He admitted to me that it was his company that installed the culvert and that they have contacted an engineer to try to find a way to leave the culvert in place but have been advised that that is not possible. As a result of this telephone call, I have not filed suit to force the homeowners to comply with the restrictive covenants. I will keep you apprised of any further developments in this matter. I appreciate your consideration in this matter. Should you have any questions or concerns, please do not hesitate to contact me. Since ly, Jo n W. CC: Dommi I utch LANIER, FOUNTAIN & CERUZZI ATTORNEYS AT LAW www Ifcattomevs corn CHARLES S LANIER KEITH E FOUNTAIN JOHN W CERUZZI STEVE A QUINN JOHN T CARTER, III JESSICA L TARSI JON-PAUL B SABBAH KYLE E FOUNTAIN May 8, 2012 Ms. Kelly Johnson NCDENR-DWQ Wilmington Regional Office 127 Cardinal Dr. Extension Wilmington, NC 28405 Re: Riggsfield Subdivision Stormwater Permit No. SW8 080830 Onslow County Mt. Pleasant Construction Co., Inc. Dear Ms. Johnson: MAILING ADDRESS 114 OLD BRIDGE STREET JACKSONVILLE, NC 28540 TELEPHONE: (910) 455-4175 FACSIMILE: (910) 455-1406 Enclosed please find a copy of the letter which I sent to the current homeowners of lots 7 & 8 of the Riggsfield subdivision. 1 did not include the attachments as you should already have them from prior correspondence. I will keep you informed of any developments, and if we need to file suit against the homeowners I will certainly provide you with a copy of that as well. I appreciate your consideration in this matter. Should you have any questions or concerns, please do not hesitate to contact me. Since ely, ;uzzohni CC Dominic Butch iECEIVE MAY 0 9 2012 BY: LANIER, FOUNTAIN & CERUZZI ATTORNEYS AT LAW w%N w. I fcattornevs. com CHARLESS LANIER KEITH E FOUNTAIN JOHN W. CERUZZI STEVEA QUINN JOHN ICARPER, Ill JESSICA L. TARSI JON-PAUL B SABBAH KYLE E FOUNTAIN May 2, 2012 Via US Mail & Fax (910) 350-2004 Ms. Kelly Johnson NCDENR-DWQ Wilmington Regional Office 127 Cardinal Dr. Extension Wilmington, NC 28405 Re: Riggsfield Subdivision Stormwater Permit No. SW8 080830 Onslow County Dear Ms. Johnson: MAILING ADDRESS 114 OLD BRIDGE STREET JACKSONVILLE, INC 28540 TELEPHONE: (910) 455-4175 FACSIMILE. (910) 455-1406 ECEIVE PRAY 0 4 2012 I have been retained to represent Mt. Pleasant Construction Co., Inc. with regards to the issues that have arisen in the Riggsfield subdivision in Onslow County, and the violations of the Stormwater Permit which were detailed in your April 4, 2012 letter to Dominic S. Butch. As you know, the Riggsfield subdivision was completed and all stormwater controls and impervious surfaces had been constructed within substantial intent of the Stormwater Permit No. SW8 080830 on November 29, 2010. Mt. Pleasant subsequently sold lots within the subdivision to other builders to construct homes in the subdivision. Lot 7 was sold to Jerry Gower Construction Co., Inc. on March 15, 2011, as evidenced by the deed attached hereto as Exhibit A. It is my understanding that the home constructed on Lot 7 was built by T & R Builders (192 Jones Street, Cedar Point, NC 28584), and that T & R Builders is either owned by Jerry Gower Construction Co., Inc. or owned by other members of the Gower family. Lot 7 was subsequently sold to Kyle and Jamie Huston on October 28, 2011, as evidenced by the deed attached hereto as Exhibit B. It is my understanding that the home constructed on Lot 7 is currently occupied. Lot 8 was sold to .Terri Builders, Inc. on February 25, 2011, as evidenced by the deed attached hereto as Exhibit C. It is my understanding that the home constructed on that lot is vacant and listed for sale by Jerri Builders, Inc. When these properties were sold to the respective builders they were provided with copies of the plans for the subdivision and were advised as to the Stormwater permit for the subdivision. Mr. Butch was not aware of the installation of the culvert until October 4. 2011. On that date he was on site and viewed the culvert and subsequently wrote a letter to John Batts, the representative for T & R Builders. 1 have attached a copy of Mr. Butch's October 4, 2011 letter as Exhibit D. As you can see from the letter, Mr. Butch asked the company that built the home on Lot 7 to remove the culvert, as it was in violation of the Stormwater Permit, but they never responded to his letter and have failed to remove the culvert. Paragraph 18 of the recorded deed restrictions for Riggsfield provides that "[fjilling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is strictly prohibited by any persons." Paragraph 20 of the recorded deed restrictions provides that "[i]n the event of a violation or breach of any of these restrictions, covenants, agreements and conditions by any person or concern claiming by, through or under the undersigned (Mt. Pleasant), or by virtue of any judicial proceeding, the undersigned, its successors and assigns and the owners of the numbered lots in the subdivision, the State of North Carolina, or any of them, jointly or severally, shall have the right to proceed at law or in equity to compel compliance with the terms thereof or to prevent the violation or breach of any of them." Mt. Pleasant Construction Co., Inc. does not own Lots 7 or 8, and therefore cannot go onto the property to remove the culvert, as you have requested. It is my interpretation of these deed restrictions that Mt. Pleasant could initiate litigation against the current owners of Lots 7 and 8 to "compel compliance" with the deed restrictions, and force them to remove the culvert and return the swale to compliance with the Stormwater Permit. The Riggsfield subdivision does not have a homeowners association to whom Mt. Pleasant could transfer the responsibility of the stormwater permit. The actions that we intend to take are as follows: I will notify the owners of Lots 7 and 8 of the violation of the Stormwater Permit and attempt to resolve this issue amicably, and without my client having to incur the expense of litigation. I would set a deadline for them to commit to the removal of the culvert and restoration of the swale, and if they have not complied with that deadline, then we would initiate litigation to enforce the deed restrictions. Please give me a call at your earliest convenience to discuss our intended plan of action, and advise me as to any other further steps we need to take to comply with DWQ. 1 look forward to hearing from you soon. REAL ESTATE: UEPT TELEPHONE. (910) 455-0900 / FACSIMILE: (910)155-6293 realestate@bizec.rr.com bizec.rr.com N�l This deed presented to The Onslow Co Tax Office Date 4I, uClerk This instrument was prepared by Lanier a Fountain, a licensed North Carolina Attorney. Delinquent taxes, a any, to be calif by the closing attorney to the Onslow County Tax Collector upon disbursement of closing proceeds Tax Lot No Verified by 0001D.l�00876111, Doc ID: 00916]]f0002 Type: CRP Recorded: 03/t5/2011 at 12:40:52 Ph Fee lent: aa9.00 Pepe 1 of 2 Revenue Tax: a]6.00 onslou County NC Rebecca L. Pollard Req. of Deeds sK3565 Pa803-804 Parcel Identifier No. 113BA-58 County on the Recording Time, Book and Page day of , 2010 Mail after recording to. JERRY GOWER CONSTRUCTION CO., INC., 7324 SIEMANS RD, WENDELL, NC 27591 This instrument was prepared by Lanier & Fountain, 114 Old Bridge Street, Jacksonville, NC 28540/Ilw Brief Description for the index i •L'ot 7-Riggsfi,Id, made NORTH CAROLINA GENERAL WARRANTY DEED GRANTOR MT. PLEASANT CONSTRUCTION CO., INC., a North Carolina eorporatlon 81q kN. E ok s�. S -ta c .l o�ueCse..0 tit, NC ]41S40 GRANTEE JERRY GOWER CONSTRUCTION CO., INC., a North Carolina cori�oration 13A4 fJiem- - rv.1 V.I crKif.t�s NC 7-1593 Enter a1 appropriate block for each party: name, address, and, if appropriate, character of entity, a g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that Certain lot or parcel of land situated in Swansboro Township, Onslow County, North Carolina and more particularly described as follows: Being all of Lot 7 as shown on that plat entitled "Final Plat Riggsfield, a planned residential Development, Swanshoro Township, Onslow County, N.C." owners: Mt. Pleasant Construction Co. Inc., prepared by Quadrant Surveying Inc., P.A., dated 06/10/2010 and recorded in Book 60, Page 217 in the Onslow County Registry. Subject to Restrictive Covenants recorded in Book 3513 Page 253, Onslow County Registry. ECEIVE MAY 0 4 2012 BY: PLAINTIFF'S w EXHIBIT J r F N Q Rook 3565 Page 803 Page 1 of Hook: 3565 Pane: 803 Be.: 1 (Pvge 2 o' 2) The property heremabove described was acquired by Grantor by Instrument recorded in Book 3160, Page 786 A map showing the above described property Is recorded in Map Book 60, Page 217 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor mll warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property heremabove described is subject to the following exceptions Subject to the following Easements appearing of record, implied easements, restrictions, if any, appearing of record and such other matters as may be shown by an accurate and current survey of the property. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Mt. Pleasant Construction Co.. Inc. (Corporate N Dominick S. Butch - President (SEAL) (SEAL) State of North Carolina County of Onslow, SEAL \��AMIPi�tu„ h'FB'�,� 1, a Notary Public of said County and State, do hereby certify that Dominick S. Butch 's personally appeared before me this day and acknowledged that he is President ofMt. Pleasant Public =Construction Co.. Inc, a North Carolina Corporation, and that he as President, being 5 Nototy = authorized to do so, executed the foregoing on behalf of the corporation Onelow County c Witness my hand and seal, this dday of Marc ",C�AR� 0 c y Commission Expires:T'6':2��b[�"tary Public la -o� �tr The foregoing Certificate(s)of islare cerfified to be correct This Instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant-Register of Deeds. Book 3565 Page 803 Paget oft nook: 3565 P3ae( 803 sea: 2 tpay � e �1 This deed presented to > Them Cc I V I�I��d�I�IIe�81��IIIH�18�0111����Bd Doc ID: 009323830002 Type: LRP Recorded: 10/28/2011 at ot:2]:27 pry This instrument was prepared by: FAN rUM & 11UMPI IR I: Y, PA gevenueAnne: t of 2 a licensed Noah Carolina Attorney T$366.0 OPace onafov LTax: 40 Dclmquem taxes, fany. to he pad by the closing attorney to the Caslou Rebecca L. Pollard Req. Of Deeds County I ax Col lector upon disbursement of closing proceeds BH3671 PU 302-303 NORTH CAROLINA GENERAL WARRANTY DEED Excite Tax 5 340.00 Parcel Identifier No. 151961 Verified by County do [he— day or .20 MadBox to Tamara & Humphrey, PA, 604-C Cedar Point Blvd, Cedar Point, NC 28584 Thus imtrumem was prepared by 'Formal & I lu Threw, PA 604-C Cedar Point Blvd Cedar Paint, NC 28584 Brief description for the Index:—LO r-7'RIGGSF.i ELD SUBDIVISION, --I THIS DEED made this 28th day of October , 201 1 by and between GRANTOR JERRY GOWER CONSTRUCTION CO., INC 7324 SIEMENS ROAD WENDELL,NC 27591 Enter in appropriate block for each Grantor and Grantee. name. corporation or partnership. GRANTEE KYLE 14USTON and wife JAMIE M. HUSTON 208 DEMETRIUS COUR I' I IUD ERT.NC 28539 address, and, if appropriate, character of entity, e.g. The designation Grantor and Grantee as used herein shall include said panics, their heirs, successors, and assigns, and shall include xingular, plural, masculine, feminine or earlier as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents ones grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the 01v of HUBERT I SWANSBORO Township, ONSLOW County, North Carolina and more particularly descnbed as follows BEING all of Lot 7 as shown on that plat entitled "Final Plat Riggsfield, A Planned Residential Development, Swansborc, "fownship, Onslow County, NC" owners* Mt. Pleasant Construction Co., Inc., prepared by Quadrant Surveying, Inc, PA dated 06110/1010 and recorded in Map Book 60, Page 217 in the Onslow County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 3565 page 803-804 All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book - 60 page 217 NC 0u An6ttranon Free No 3 ® 1976. Reseed O 1/1 no 10 Pined by Agreement with the NC Bar Association Ex1. EIVE MAY 0 4 2012 BY: PLAINTIFF'S EXHIBIT a � � a Book 3671 Page 302 nacde 1 of 2 1 R-.o : 3S71 pace: 302 sea: i TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantorcovenanis with the Grantee, that Grantor is seised of the premises in fee simple, has the right to convey the tame in lee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawlul claims of all persons whomsoever, other than the following exceptions: Restrictive covenants recorded in Book 3513, Page 253, ONSLO W County Registry. Easements and Restrictions of record. IN WITNESS WHEREOF, the Greater has duly executed the foregoing as of the day and year first above written. RRY GOWER CONSTRUCTION CO, INC. (SEAL) Bs' M-A l ld Name) PnnUrype Name: (SEAL) Printrrype Name & Title: JFRRY L. GOWER, President Pn.Lr )W Name: By: Print/Type Name & Title:. Secretarylrreasurer PnnttType By: PrinVType Name & Title: PrinUiype State of - County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoi ng instrument for the purposes lherei n expressed. Wuneu'my hand and Notarial stamp or seal this day of , 20_, My Commission Expires: Notary Public (Affix Seap Notary's Punted or l'yped Name State of North Carolina -County or City of ONSLOW 1, the undersigned Notary Public of the County or City of CARTERET and State aforesaid, certify that JERRY L. GOWER personally came before me this day and acknowledged that _he is the Presid {iiui' of JERRY GOWERCONSTRUCTIONC?TIQ�rih Carolina or corporanon(lfthtih8gi6f hit c ryPany/general pannership/lunited partnership (strike through the inapplicable), and that by authority duly grvcn`aq;F-Vas the act of s entity. _rh1e signed the foregoing instrument in its name on its behall as its act and deed. Witness my hand;nci&*ktf I1" or / a� this day of DC20196 . 0 , 2011 _Cy L- Z_ _ C 'y ti�� My ComTAmm Hkp&sl.fdnua�? F9 2013 ELIZAPETH M EAGAN _Notary Public (Affix Seap�iyF Nomr 's rimed or Typed Na Stale of - County or City of I, the undersigned Newry Public of the County or City of and Stain aforesaid, certify that Witness my hand and Notarial stamp or seal, this My Commission Expires: - (Affix Seal) N'C Ilu fio miuim form No 30 1976. Revised O I If rO10 Ihimed by A®eemeni with the NC Ilvr Aseonauon day of , 20_ allolary's Printed or Typed Name Public Book: 3071 Page302 Pace 2 of 2 nook: ]5/1 Pace: 302 Sea: 2 (Ps9e4of 2) V r �N�4NIa101tl116�������N�tlNW'JNIIIINItlI�i�UCRP Doc tD. 009731670002 Tvoe CRP et o2:OB:45 PM 0.e<arded: 02/25/201f e 00e 1 of 2 \ q venueTexB $ Onslow count, tH; Pollard Bep. of Deeda Rebecca L. BK3557 Pa 86 J This deed premated to This instrument wm prepared by: TANTUM & HUMPHREY, PA a licensed North Carolina Aaomey. Delinquent mxes, if any, to be paid by the closing attorney to the Onslow County Tax Collector upon disbursement ofclosmg proceeds Excise Tax $ 76.00 Tax Lot No. Verified by . Recording Time, Book and Page Parcel Identifier No. 151962 County on the _ day of 2011 Mail after recording to. Jerd Builders; Inc. PO Box 799 Swansboro NC 28564 This instrument was prepared by Lanier & Fountain, 114 Old Bridge Street, Jacksonville, NC 28540/jlw Brief Description for the index ,L:0t: tiggsf161d] NORTH CAROLINA GENERAL WARRANTY DEED GRANTOR GRANTEE MT. PLEASANT CONSTRUCTION CO., INC., JERRI BUILDERS, Inc., a North Carolina corporation A North Carolina Corporation 814 New Bridge St Suite C PO Box 799 Jacksonville, NC 28540 Swansboro, NC 28584 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of, Swansboro Township, Onslow, County, North Carolina and more particularly described as follows: BEING all of Lot 8 as shown on that plat entitled "Final Plat Riggsfield, A Planned Residential Development, Swensoom Township, Onslow County, NC" owners: Mt. Pleasant Construction Co. Inc., prepared by Quadrant Surveying, Inc., PA dated 06/10/2010 and recorded In Map Book 60. Page 217 in the Onslow County Registry. Subject to Restrictive Covenants recorded in Book 3513 Page 253, Onslow, County Registry. ECEI V MAY 0 4 2012 BY. < PLAINTIFF'S w J EXHIBIT W e J Q Book: 3557 Page85 Page 1 of 2 Book: 3557 Pace: 85 96,x: 1 6 r (Prig. 2 of 2) The property hereinabove described was acquired by Grantor by instrument recorded in Book 3160, Page 786. A map showing the above described property is recorded in Map Book 60. Page 21T TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the following exceptions. Subject to the following* Easements appearing of record, implied easements, restrictions, if any, appearing of record and such other matters as may be shown by an accurate and current survey of the property IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written MI -Pleasant Construction Co.. Inc (Corporatt n1 By: Dominick S Butch - President State of North Carolina SEA s9.TAlVlprrrnr County of Onslow `c` SSSCA 1. WEBS 1, a Notary Public of said County and State, do hereby certify that Dominick S. Botch a personally appeared before me this day and acknowledged that he/she is President of _t Nototy Public - Pleasant Construction Co., Inc., a Noah Carolina Corporation, and that he as President, 2 2 being authorized to do so, executed the foregoing on behalf of the corporation Onslow County /nt --. �, rP``� Whereas my hand end seal, t 's d day of =bWntaIO MyCommissionExpires: ta y Public /�- 0 � Th eforegoi ng Ce rtificale(s)of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant-Register of Deeds. Book 3557 Page 95 Page 2 of 2 Souk: 3557 P_oe: 65 Sea: 2 Dominick S. Butch, General Contractor Residential & Commercial October 4, 2011 John Batts T & R Builders 192 Jones Street Cedar Point, NC 28584 RE: Lot Riggsfield, Onslow County, NC Dear Mr. Batts: Mt. Pleasant Construction Co., Inc. 814 New Bridge Street . Suite C Jacksonville, NC 28540 (910) 937-7277 Fax: (910) 346-6570 www.mtpleas.com EcEsvr' MAY 0 4 2012 BY: Enclosed is a check for $900 made out to Jerry Gower Construction. This check represents final payment on the invoice by Arnold Landscaping for $1460. We previously mailed a check directly to Arnold for $560. See attached copy of paid invoice. If you will remember our previous conversation, I was concerned about somebody using the dirt for the sediment pond and for me being asked to pay to replace it. Arnold sent us a subsequent bill for $560 indicating the labor to do the work which is the one we paid. After having second thoughts I decided that there was additional work involved in stabilizing the Swale and the detention pond area that probably would have cost the difference. Therefore I am willing to pay the difference and have included a check which represents the difference. I visited the site today and I noticed that the swale at the end of the cul-de-sac has been filled in and a culvert put in its place. It is actually much more attractive, but I must caution you that there may be a problem in doing this. First of all, if the Department of Transportation is not satisfied with the size of the culvert, they may reject adding the road onto the state system. If so, this would affect everyone in the project. In addition, replacing the swale with a culvert is a violation of the storm water permit. It is possible that the permit could be amended to allow the culvert but I doubt it. The Division of Environment for North Carolina prefers open ditches and swales over PLAINTIFF'S EXHIBIT 41 culverts. I do not know yet how this would adversely affect the other owners in the project but it may. There may be other consequences to this culvert as well that I have not yet thought of. At any rate, I just wanted to caution you of these matters and ask you to remove the culvert and replace the swale at your expense. This check to Mr. Gower represents a final payment for filling in the pond and stabilizing it. My obligation to the Builders in Riggsfield concerning construction of the roads is now completed. I will send a copy of this letter to Randy Arnold so that he will understand who is responsible for paying him. Thanks for your help in this matter. Sincerely, �-- Dominick S. Butch, president Mt. Pleasant Construction Cn__ Inr Dominick S. Butch, General Contractor Residential & Commercial November 21, 2011 Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Storm Water Permit #SW8 080830 Riggsfreld, Onslow County NC Gentlemen: 814 New Bridge Street . Suite C ` Jacksonville, NC 28540 (910) 937-7277 Fax: (910) 346.6570 www.mtpleas.com I hereby certify that on November 29, 2010 the above referenced Riggsfreld subdivision was completed and all of the storm water controls and impervious surfaces had been constructed within substantial intent of the approved plans and specifications. Enclosed is a copy of the recorded deed restrictions for the project. Dominick S. Butch Mt. Pleasant Construction Co., Inc. �.CEIVED LNOV. 2 2 ?�» . BY:--- Lanier & Fountain/jlw a NORTH CAROLINA ONSLOW COUNTY Doc 08582870004 TYPO; CRP Doc r0: 11/30/2010a 03:CRP Recorded: 23.00/Page et 03:08:38 PM Pee Ant: 823.00 Page tot 4onsloty�%1�tt Rebecca count Pyo aL Rebeces L. Pollard Pep. of Deeds m3513Pa253-256 RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this �'' nday of November, 2010, by MT. PLEASANT CONSTRUCTION CO., INC., a North Carolina corporation, hereinafter called "Declarant'. WITNESSETH: THAT WHEREAS, the Declarant is the owner of the real property described in Paragraph I of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. NOW, THEREFORE, the Declarant hereby declares that the real property in and referred to in Paragraph I hereof is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth below: I. DESCRIPTION OF REAL PROPERTY: The real property which is, and shall be held, transferred, sold and conveyed subject to the protective covenants set forth in the articles of this Declaration is located in the County of Onslow, State of North Carolina, and is more particularly described as follows: Being all of those Lots as depicted on a map entitled "FINAL PLAT RIGGSFIELD, Swonsboro TownshipOnslow, County, N.C." owners Mt. Pleasant Construction Co., Inc., surveyed by Quadrant Surveying, Inc., P.A. dated 6/102010,and recorded in Map Book 60, Page 217, in the Onslow County Registry. 2. USES: No lot, lots, or portions thereof shall be put to any use other than for residential purposes, except that any lot may be used by the Deciaram for a street or roadway. Subdivision of any lots is prohibited without consent by Grantor. No property may be used in a way that is in violation of any ordinance, statute, or rule of any governmental authority applicable to such lot. 3. LAND USE AND BUILDING TYPE: No building shall be used except for "residential purposes". A residential unit shall not be used nor shall residential purposes as herein set out be defined as covering the following types of uses: fraternities, sororities, health care facilities, day care facilities exceeding five children.. Any and all additions to the structure shall be constructed in line with general architectural design and construction standards used in the building itself All construction shall be custom type construction built on the lot and no old building constructed elsewhere shall be moved on to the lot for residential or any other purposes. Buildings shall be neat in appearance and the exterior of the building and yard shall be kept neat in appearance. No mobile homes, double wides or premanufactured homes or any unit requiring a Division of Motor Vehicles Certi ficate of Title shall be placed or constructed on any numbered lot in the subdivision hereinabove described. This covenant shall not be construed as prohibiting the use of any unit as a model home for sales purposes. Book: 3513 Page. 253 Page 1 of Book 3513, Pace 253, rile xumber (4. 2 of '11) 4. DRIVE -WAYS: All buildings shall have paved concrete or asphalt driveways which are to be paved before completion of the building. Driveways may be constructed of gravel if exceeding 70 feel in length. 5. NATIVE GROWTH: The native growth of such premises shall not be permitted to be destroyed or removed except as necessary to erect structures, to construct driveways and other graveled areas, and a reasonable area surrounding the buildings. Mt. Pleasant Construction Co., Inc., its successors, or assigns, reserves the right to enter upon and cut grass, weeds, or undergrowth on any lot or easement, but shall be under no obligation to do so. 6. STREET LIGfITING AGREEMENT': The developer reserves the right to subject the real property into his subdivision to a contract with an electric utility company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to an electric utility company by the owner of each dwelling. 7. DWELLING QUALITY AND SIZE: The ground floor area of the unit, exclusive of open porches, decks and garages, shall be not less than 600 square feet with a total square footage of not less than 1050 square feet. 8. BUILDING LOCATION: No building shall be located on any numbered lot nearer to the front line or side street line than the minimum building line shown on the recorded plat. No residential building shall be located on any numbered lot nearer than 25 feet from the front lot line, and no building shall be located nearer than 20 feet from the rear lot line nor nearer than 20 feet from the side street line and 8 feet from the side for interior lot lines. For the purpose of this covenant, eaves, steps and open porches and carports shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. An error of not more than ten percent (10%) in the location of a building on the lot with respect to the minimum setback lines shall not be considered a violation of this covenant. No building shall be located closer to any lot line than the applicable distance in any ordinance applicable to such lot. 9. STREET MAINTENANCE: Until said streets are accepted into the Department of Transportation system, all owners of lots within this subdivision in accepting a deed to said lot or lots hereby consent and agree to share in the expense of maintenance of the private streets shown on the aforesaid plat; said owner(s) shall be responsible for payment of assessment equal to said owners prorata share of said maintenance as determined by dividing the total number of lots in said subdivision into the number of lots owned by each owner. 10. ARCHITECTURAL CONTROL: No building, fence, wall or other structure shall be commenced, erected, or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, material, and location of the same shall have been submitted to and approved in writing as to harmony of external design to include painting and location in relation to surrounding structures and topography by the Declarant. In the event said declarant fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to him, approval will not be required and this section will be deemed to have been Fully complied with. Ai Outside Antennas: No outside radio or television antennas shall be erected on any lot or dwelling unit within the Properties unless and until permission for the same has been granted by the declarant or his assigns. B. Exterior Lights: All light bulbs or other lights installed in any fixture located on the exterior of any building or any lot shall be clear, white, or non -frost lights or bulbs. C. Fences: No fences maybe installed or erected upon any lot without the consent of the declarant. 11. NUISANCES: No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No unused orjunk cars or parts thereof shall be kept on any lot in said subdivision Book: 3513 Page 253 Page 2 of 4 Hook 3513, Page 253. File Number o. 4 and all lots shall be maintained in a neat and clean appearance. 12. EASEMENTS: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear 10 feet of each lot. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot, and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. The grantor reserves for itself, its successors or assigns, an easement and right at any time in the future to grant a right-of-way under, over and along the side, rear and front property lines of each and every lot in the subdivision described herein, for the installation and maintenance of poles, lines, conduits, pipes and other equipment necessary to or useful for furnishing electric power, gas, telephone services, drainage, or other utilities including water and sewer services. 13. LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. Goats, cows, chickens, swine, horses and ponies shall not be considered household pets. 14. , -SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot parallel to the building line, one sign of not more than four square feet advertising the property for sale or rent, or signs, used by a builder to advertise the property during the construction and sales period or used for the purpose of re -sale of the property. 15. FENCES: Unless otherwise approved by the declarant no fence shall be erected between the front building line and the street right-of-way line except decorative fences such as split -rail or picket not in excess of three feel in height. No fence shall be erected between the front building line of the main dwelling and the back lot line in excess of eight (8) feet in height. 16. GARAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 17. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used as a residence on any lot at any time, either temporarily or permanently. No trailer, mobile home, camper, recreational vehicle or like vehicle shall be parked on any lot at any time for any purpose nor shall any such vehicle be allowed except for temporary construction offices by builders or developers, to remain on any lot at any time for any purpose. The declarant shall have the right to approve and designate where non -occupied recreational vehicles shall be parked. 18.STORM WATER RUNOFF: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 080830, as issued by the Division of Water Quality under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extend necessary to maintain compliance with the Stormwater Management Permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Stale of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not lake place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot is 53,14"square feet This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and conquina, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is strictly prohibited by any persons. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. Each lot will maintain a 30' Book: 3513 Page: 253 Page 3 of Book 3513, Pane 253. File Number wide vegetated buffer between all impervious areas and surface water. All roof drains shall terminate at least 30' from the mean high water mark. 19. TERM: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time such covenants shall he automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 20. ENFORCEMENT OF RESTRICTIONS: In the event of a violation or breach of any of these restrictions, covenants, agreements and conditions by any person or concern claiming by, through or under the undersigned, or by virtue of any judicial proceeding, the undersigned, its successors and assigns and the owners of the numbered lots in the subdivision, the State of North Carolina, or any of them, jointly or severally, shall have the right to proceed at law or in equity to compel compliance with the terms thereof or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 11. MODIFICATION OF RESTRICTIVE COVENANTS: These restrictions are subject to being altered, modified, cancelled or changed at any time as to said subdivision as a whole or as to any subdivided lot or part thereof by written document executed by the Declarant or its successors in title and by the owner of not less than sixty percent (60%) of the subdivided lots or parts of said subdivision to which these restrictions apply, and recorded in the Office of the Register of Deeds of Onslow County, North Carolina. If the Declarant owns sixty percent (60%) or more of the subdivided lots, the Declarants may alter or amend these covenants without consent of any of the property owners providing the revisions are in compliance with current regulations. 22. SEVERABILTTY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. IN TESTIMONY WHEREOF, MT. PLEASANT CONSTRUCTION CO., INC., has caused this instrument to be executed in its corporate name by its President. MT. PLEASANT CONSTRUCTION CO., INC. By: Dominick S. Butch Title: President NORTH CAROLINA ONSLOW COUNTY [,a Notary Public of the County and State aforesaid, certify that Dominick S. Butch , personally came before me this day and acknowledged that he is President of Mt. Pleasant Construction Co., Inc., a North Carolina corporation, and that by authority duly given and as the act of IflG,bmnphaatigf, the f egoing ins nt was signed by him as its President. Witness my hand and official stamp o"t4 Mle W p day of V, , 2010. My commission Fxpires. O dtQ f ^ Q / N-3'bliPub11C om uuolory J/I ry- cpnstow Court 0RIH CXVLO Book. 3513 Page: 253 Page 4 of 4 Hook 3513, Pace 253, Fale WrraDer Johnson, Kelly From: Johnson, Kelly Sent: Thursday, November 17, 2011 8:30 AM To: Hammers, Karl Subject: RE: Riggsfield Sub Karl, I did not realize that there were two pipes in question until we spoke yesterday. The lot line swale that I asked them to remove needs to be taken out. This pipe in front of the house is a more complicated situation. The law technically says that we can only have pipes to get water under impervious surfaces (under sidewalks, driveways, roads, etc). But, in this situation the driveways are so close together that if you took the pipe out (approx location shown in red below) it will create a less -stable situation than currently exists. The pipes under the driveways will need to extend beyond the driveways a little bit to make the structure stable. Then, there would not be a lot of distance for a "swale" to be in place to comply with the law. And, since that particular swale would be at the "end" of a long line of swales that eventually drain out along the far -right side of this picture to the wetland, the water will be traveling at a pretty high velocity and could cause the small swale to erode and it would be hard to stabilize long-term. The current situation is not the best, but I talked to Georgette and we will have to just make a judgment call here that removing the Swale in red below wouldn't necessarily improve the situation enough to justify having them change it. But, please clarify to them that the laws prevent excessive piping in low density projects. The decision to allow this pipe to remain is for this pipe only and it is because of the specific placement of this pipe. K1 From: Hammers, Karl Sent: Wednesday, November 16, 2011 8:45 AM To: Johnson, Kelly Subject: Riggsfield Sub Kelly, Here is the best photo I have of Riggsfield Subdivision lots 6&7. Please let me know as soon as you can if the single pipe that is underneath both driveways can stay as it is or if changes need to be made. The contractor said the pipe was 18inches if that helps at all. Thanks. Karl Hammers, CPESC, CESSWI Environmental Specialist 127 Cardinal Drive Ext. Wilmington, INC 28405 (910) 796-7372 - direct (910) 350-2004 - fax " e UADRANT SURVEYING, INC., P.A. Lend Surveying Subdivislan Planning Subdi"sim Devgn 814 New Bridge St Unit D Jacksonville, N C 28540 910 346 2067 910 346 6570 fax TO: Date: __AUgusf_ _25y__2_0Q8-_______-- NCDENR ------------------------- Attn:_.Linda_Lawis-- ------------------------ N.C. Div of Water Quality Ref: _Big4sfield__Suhdiv-isj_Qn__ --------------------- ------ 1_27 -Cardinal --Drive ---------------------Ext-_Onslow_Cnunt_y_,_X_C----------- ---------------------- ------ Xi 1MiD_gtO_n_'_-_Q_ 28405-------------------- -------- ---------------------- ITEMS TRANSMITTED page_two of our Storm Water Management Application -_form, --_ ITEMS TRANS-------------Wate--Mann __-____E-age -two - -of _nur_-Low__Densit_y-_5upple@_QAt,__and _a_ revised _set _of _proposed__ • ------- dead.-r�_stxic#_ions------------------------------------ =-------------------------------- - - - - - - - - - - - - - - - - -------------------------------------------------------------------------- THESE ARE TRANSMITTED AS CHECKED BELOW: 9�G r .49 FOR APPROVAL AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR YOUR USE ❑ FOR BIDS DUE------------------------------------------ -------------------------- 19------ REMARKS These are the revised items you requested in your_8/21,/08 e-mail. - ------------------- ----- ________please Use_these_in _place_of_ our__ incorrect__items---------------------- -------- Fd-9ase-lit-us-know--if_ yau_nePd__anything-else_-------------------------- --------------------------------------------------------------------------------------------- copies to: Dominick S. Butch, P.L.S. ------------------------------ (H enclosures are not as noted, kindly notify Ns at once) Riggsfield Subdivision Subject: Riggsfield Subdivision From: Linda Lewis <linda.lewis@ncmail.net> a Date: Thu, 21 Aug 2008 17:13:25 -0400 / To: "DOMINICK S. BUTCH" <dbutch@coastalnet.com> ✓/ p, � pal Mr. Butch: V- We're almost there in regards to being able to accept this application for review. The breakdown section of the application that you sent me contains an error and a lot of BUA that I can't account for anywhere. 1. once you establish the BUA street total, you should take this number (21,000 sf per the application) and insert it into the BUA per lot equation on page 2 of the low density supplement form. Currently, the low density supplement uses a street total of 18,626 sf. Use of 21,000 will reduce the BUA per lot from 5314 to 5189. 2. What is the 33,998 sf of "Other onsite" BUA and the 20,900 sf of Parking? If these are not associated with the lot BUA, then those numbers will need to be subtracted from the total allowable BUA before calculating the BUA per lot, as demonstrated by the equation on the low density supplement form. If these numbers represent BUA to be contained on the lots, such as driveway and sidewalk, it is not necessary to specify how much of the total maximum allowable BUA for the lot (5314) is house, driveway, sidewalk, etc. and you do not have to separate these numbers out on the application form. If the street total is 21,000, the BUA per lot is 5189 sf, so you would report 5189 x 19 = 98,591 sf in the "buildings" box and 21,000 in the streets box for a grand total of 119,591 square feet. of BUA. 3. Please correct page 2 of the application and page 2 of the supplement. And, provide a revised set of proposed deed restrictions if the street total is indeed 21, 000 sf. Linda I of 1 8/21/2008 5:13 PM QUADRANT SURVEYING, INC.; P.A. Land Stveying i 814 New Bridge St Unit D SubdivWon Planning Jacksonville, N C 28540 SubdiAslon Design \ I 910 346 2067 910 346 6570 fax TO: Date: _A119US-t_3 4,-200B--_----- ---------XQDENR-------------------------------------- Attn: __L1_i14a--Lew_iS---------------- --------- Sl_C—Di-v-_O£.-water--Qualify___ - Ref: __Biggs ield-Subdivasion- - - 1-2-7--c-arrd-i-nal--Dri7ve--T--xt----------------------Onslow_-Q-4unty-.--NC-------- ----------Wil-mingtori,-N-C--284(15------------------ ------------------------------------ ITEMS TRANSMrn-ED Original_pagetwo _and page_four of our_ap_Iic�t Qny__________ ------------------- ----------- ---------Orig3nial_A_reyisQ51_1_location- map ----�-jj-��-.-----------T-- ----- --------------------- ------------------------------dam. cPI \%pn---- -- AUG 15 2008 THESE ARE TRANSMITTED AS CHECKED BELOW: [j? FOR APPROVAL Q AS REQUESTED BY: ❑ FOR REVIEW AND COMMENT ❑ FOR YOUR USE ❑ FOR BIDS DUE-------------------------------------------------------------------- 19 REMARKS ---------- These- are the -revised -items -you _requested _in _your_ 7_[31 f 08_ email.,_____ -------------------------------------------------------------------------------------------------- _-___-_-__ Please__let _us_ -know_ f-y_ou_ need _any-thing_Qlsa______________________________ --------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------- copies to_Dominick S. Butch, P.L.S. ------------------------------------ ----------------------------------- (If enclosures are not as noted, kindly notify us at once) Riggsfield Subdivision Subject: Riggsfield Subdivision From: Linda Lewis <linda.lewis@ncmail.net> ✓/ Date: Mon, 28 Jul 2008 10:36:18 -0400 (� To: "DOMINICK S. BUTCH" <dbutch@coastalnet.com>, Cameron Weaver cd <cameron. weaver@ncmail.net> Mr. Butch: The Division received an incomplete stormwater permit application the subject project on July 23, 2008. Please address the following minor deficiencies and resubmit: 1. Please complete the BUA breakdown section on page 2 of the application. The original of this page will be returned to you in the regular mail. 2. Please initial at the top of page 4 (the signature page) of the application. The original page will be returned to you in the regular mail. Please note that we cannot accept a photocopied signature, therefore, please either initial the returned original page and resubmit it, or submit a new page with initials and an original signature. 3. Please provide a clearer water sample location map. The map provided is illegible. Please note that the 90 days processing time begins upon receipt of a complete application. The application is not complete until the above mentioned items are addressed and resubmitted. Thanks, Linda I of 1 7/28/2008 10:37 AM FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place N/A n the€ti{ank )< Part A. JUL ? :i 1u,1;; 1. Project Name Rigcrsfield L-- I [3 x . 2. Location of land -disturbing activity: County O'nslow City or Township White Oak Highway/Street Riggs Road Latitude 340-45.2 Longitude 770-14.0 3. Approximate date land -disturbing activity will commence: July 1 , 2008 4. Purpose of development (residential, commercial, industrial, institutional, etc.): res i dent i a 1 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 6.2 6. Amount of fee enclosed: $ 350. 00 The application fee of $50.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450). 7. Has an erosion and sediment control plan been filed? Yes No X Enclosed X 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Dominick S. Butch E-mail Address dbutch oaG a1 n t - om Telephone 910-346-2067 Cell#910-330-2679 Fax# 910 346 6570 9. Landowner(s) of Record (attach accompanied page to list additional owners): Dominick S. & Patty A. Butch 910-346-2067 Name Telephone Fax Number 814 New Bridge Street Suite C same Current Mailing Address Current Street Address Jacksonville, NC 28540 City State Zip City State Zip 10. Deed Book No. 2871 Page No. 443 Provide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet): 814 New Bridge St Suite C same Current Mailing Address Current Street Address Tarkannvi 11P m 28S40 City State Zip City State Telephone911 nn Fax Number_ 910 346 6570 93� 2-�7 Zip Cell; 3.30. 2679 STORMWATER NARRATIVE RIGGSFIELD RIGGS ROAD WHITE OAK TOWNSHIP, ONSLOW COUNTY, NC Riggsfield is a nineteen (19) lot single family residential subdivision located on the west side of Riggs Road, approximately 3 miles north along Riggs Road from its intersection with Hubert Boulevard. None of the (19) lots front Riggs Road. Therefore the construction of two new roads will be required to facilitate development. This permit application is for the construction of the roads, as well as the improvements on the lots themselves and on the driveway connections. The project was developed under the low density stormwater option. The project drains to Queens Creek which is a tributary to the Intracoastal Waterway. The chloride count allows for 24% build upon area. The total project area is 11.44 acres. d""Iti � p0 " y ' UADRANT SURVEYING, INC.; P.A. Lend Surveying 814 New Bridge St Unit D Subdivision Planning 1' � Jacksonville, N C 28540 Subdrvislon Design N � i 910 346 2067 U9 ' 910 346 6570 fax PW s ��s TO: / Date: Ju-Ly_-1-7,-2008-------------- ----Ms-�--inda-Tew3s------------------------------- Attn: -------------------------------- ---- NCDENB_ =-Division-o-L_Watec_Quali-ty------ Ref: -R3ygs£i-e-rl------------------ ----1-27 -Cardinal -Drive - -------------- -----Extension Onslow-County______________ ---------------------------------------- --_-Wilmington,-NOrth-Carolina-28405_3845-------------------------------------- ITEMS TRANSMITTED gne 1 1_szriginal_ and nne _Llacnpy_nf_- he_-stormwater-subm3-t-ta1 ------------------- form: one(1) low density supplement; one(1) stormwater narrative; -three ------------------------------------------------------------------------------------- - (_3)_ sets _of_planst_one3_1_�_ copY_of_the_sl�aft_cfl�enants; _ane�3_�_review_ee ____�13Q�k_n_the_�m911nt_szf__ $505_9_Qi_sll_for__tl��hove--xgf�senced--pro�ec-t.- One(1) original chloride report from Applied Resource Management. Till THESE ARE TRANSMITTED AS CHECKED BELOW:( 1 V,r [ FOR APPROVAL - (:k AS REQUESTED / �•� v ❑ FOR REVIEW AND COMMENT ❑ FOR YOUR USE I� ❑ WI FOR BIDS DUE ---------------------- /---------------------------------------- -�-`• 19------ REMARKS This is a 24� coverage low density -submittal. This is my first -chloride ------------------------------------------------------------------------------------------------ _______reportulanitta] �2 Z_hope_I have_giyen you allyouu_need.______________________ ------- Let_maknow,------------------------------------------------------------------------------ -------.T11ark-you•------------------------------------------------�R - CET V---D---------- ----- ----------------------I---JUL_2 31j1.nR------------- --------------------------------------- �^ --�_I- ------------- copies to: Dominick S. Butch, P.L.S. ------------------------------------ (If enclosures are not as noted, kindly notify ups at once) Resource Maria 6M. Ht FC.:: p.p 9 , "10'July, 2008 =" ,Ni& Butch .RLS. Quadrant.Surveying (- s 814,,New Badge Street' Suite D ` Jacksonville; NC`28450 �..', . �. " • ". Re 'Chloride Sampling„ ti ,, ".: Hubert; North Carolina s ; Mr. -Butch A .,e Please find below'a reporfreferencing the'chloride`sarnplirig•e'vents'of.surface.water from _ g:. Y. P p rty.... .9g 4 a`dowhstream location,alon the creek`from our roe on Ri s Road;in,Hubeit, NC. 1.0' lntroductioiiiPurpose The purpose:of sampling evenfwas.to`obtain•sU ace-water,,samples•thai were {'`• y'-- Y`analyzed'for chlorides:'; These.samples',were.;to.:taken `with'.regards. of water r .classification ofthe:stream' that'iriipacts.your,properEy:' 20 M_e_ttiods` "s ;• ; (RefertoAppendizA`and.Figure ly" ti Samples;for`cfiIon es.were?collected b"eiweeri April'25; 2008'and June;r4;:2008:' `s Samples •w6re'coll6dted frorh,.bi's6moling;'point,that was. 'at: least;one half?`mile downstream from your projectsite:,,This;sampling site:was'located_at tFieend`of ' j'Hucklebeiry Road in'Hubert;:N_C:' ' ^,,;; `Samples were collected'on days.that were at least 48�hours removed, from a.rainfall::. ' <,event:`The'sampleswere :collected:witliin'one.hour'of.hight`ideF• according'to:the,'. `t> ^. nea�est:reportingjidal station:_` :Samples were"coJlectedfrom nearapprozimate'centeroftHeci&eeksiditch6s.via"grab•' - sarrlple:•method with containers supplied by'a, 6rtli Carolina.Certifed ,Laboratory:' ;The samples were stored in a•cooler and transported to:a North Carolina Certified.: Laboratory for'analysis P.O.r6ox882_ HamPPrtead;'NG 28443 FPJ;270.2988: � � \. :.1. . � - -. ._ , . i P .. �. l _ - .. _ f a ♦t . J•n i _ _ r.: , � �' � - ... . �' _ _ ._ '.• ay _ .. ' �.. 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HAMPSTEAD, NC 28443- Attn: GENE YOUNG DATE: 06/04/2008 ARM HUCKELBERRY WASTEWATER REPORT (Page 1 of 1) SAMPLE DELIVERY TO LAB LAB No. DATE TIME SAMPLER DATE TIME MATRIX 105210 04/25/08 1215 GENE YOUNG 04/25/08 1300 WA CLIENT LAB CL- STATION ID NUMBER PPM ARM CL- 105210 16.0 THE DATE ANALYZED IS STAMPED ON THE CHAIN OF CUSTODY. LABORATORY DIRECTOR A0 NCDEM it 1 NCDEH it 37718 Beacham Laboratory 1820 Wilmington Highway Jacksonville, NC 28540 910-347-5843 REPORT OF ANALYSES APPLIED RESOURSE MGT, PC PO BOX 882 257 TRANSFER STATION RD. HAMPSTEAD, NC 28443- Attn: GENE YOUNG DATE: 06/04/2008 ARM HUCKELBERRY WASTEWATER REPORT (Page 1 of 1) SAMPLE DELIVERY TO LAB LAB No. DATE TIME SAMPLER DATE TIME MATRIX 105366 05/08/08 1205 GENE 05/08/08 1305 WW CLIENT LAB CL- STATION ID NUMBER PPM ARM CL- 105366 15.3 THE DATE ANLYZED IS STAMPED ON THE CHAIN OF CUSTODY. LABORATORY DIRECTOR NCDBM # 1 Beacham Laboratory 1820 Wilmington Highway Jacksonville, NC 28540 910-347-5843 REPORT OF ANALYSES APPLIED RESOURSE MGT, PC PO BOX 882 257 TRANSFER STATION RD. HAMPSTEAD, NC 28443- Attn: GENE YOUNG DATE: 06/04/2008 ARM RIGGS RD WASTEWATER REPORT (Page 1 of 1) SAMPLE LAB No. DATE TIME SAMPLER 105440 05/15/08 0730 WALTER CLIENT LAB CL- STATION ID NUMBER PPM ARM CL- 105440 17.7 THE DATE ANALYZED IS STAMPED ON THE CHAIN OF CUSTODY. LABORATORY DIRECTOR DELIVERY TO LAB DATE TIME MATRIX 05/15/08 0930 WW NCDEH # 37718 NCDEM 1F 1 Beacham Laboratory 1820 Wilmington Highway Jacksonville, NC 28540 910-347-5843 REPORT OF ANALYSES APPLIED RESOURSE MGT, PC PO BOX 882 257 TRANSFER STATION RD. HAMPSTEAD, NC 28443- Attn: GENE YOUNG DATE: 06/04/2008 ARM RIGGS RD WASTEWATER REPORT (Page 1 of 1) SAMPLE LAB No. DATE TIME SAMPLER 105574 05/27/08 1500 WALTER CLIENT LAB CL- STATION ID NUMBER PPM ARM RIGGS CL- 105574 16.0 THE DATE ANALYZED IS STAMPED ON THE CHAIN OF CUSTODY. LABORATORY DIRECTOR DELIVERY TO LAB DATE TIME MATRIX 05/28/08 1335 WW NCDEH # 37718 NCAEM 4F 1 NCDEH # 3771.8 Beacham Laboratory 1820 Wilmington Highway Jacksonville, NO 28540 910-347-5843 REPORT OF ANALYSES APPLIED RESOURSE MGT, PC PO BOX 882 257 TRANSFER STATION RD. HAMPSTEAD, NO 28443- Attn: GENE YOUNG ARM RIGGS (Page 1 of 1) SAMPLE LAB No. DATE TIME SAMPLER 105677 06/04/08 0815 WALTER CLIENT LAB CL- STATION ID NUMBER PPM ARM RIGGS CL- 105677 15.2 DATE: 06/18/2008 DELIVERY TO LAB DATE TIME MATRIX 06/05/08 0910 WW THE DATE OF ANALYSIS IS STAMPED ON THE CHAIN OF CUSTODY. LABORATORY DIRECTOR ev