20050949 Ver 1_Emails_20051117

Shallcross Individual Permit
av?? 6,7 yy
Subject: Shallcross Individual Permit
From: "Tugwell, Todd J SAW" <[e-mail]>
Date: Thu, 17 Nov 2005 15:16:52 -0500
To: "Cyndi Karoly \(E-mail\)" <[e-mail]>
CC: "Manuele, Jean B SAW" <[e-mail]>
Cyndi,
I just spoke with Justin about the Shallcross Application that we discussed earlier. It looks like we
will have to go ahead with the public notice for the project, and the applicant will need to get your
approval to fill the wetlands on the site since the deed restrictions were a requirement of the
earlier 401 certification. I have attached a copy of the recorded deed restrictions from the
Johnston County website for your reference. It certainly looks like the intent of the restrictions
was to prevent the future development of the wetlands on the site, however the language is not as
solid as a conservation easement, and the wording really leaves the decision up to the state. If you
conclude that they cannot impact these areas because of the restrictions (deny the 401
certification), we will deny the permit without prejudice unless they withdraw their application
first.
Thanks,
Todd
<<ShallcrossPDF.pdf>>
Content-Description: ShallcrossPDF.pdf
ShallcrossPDF.pdf Content-Type: application/octet-stream
Content-Encoding: base64
1 of 1 11/17/2005 3:27 PM

CON 19 31 FACE G 5 3

NORTH CAROLINA
JOHNSTON COUNTY
DEED RESTRICTIONS AND
PROTECTIVE COVENANTS
. In accordance with Title 15 NCAC 21-1.0500, the following DEED RESTRICTIONS AND
PROTECTIVE COVENANTS are recorded in the Johnston County Registry. Said Deed Restrictions
and Protective Covenants shall apply to the Partners Equity Group subdivision, lot numbers 10, 11,
12, 17, 18 and 19 in Johnston County, North Carolina, as shown on the plat of record in Plat Book
50, Page 419, Johnston County Registry.
I. "A portion of the lots 10, 11, 18 and 19 have been determined to meet the requirements for
designation as a regulatory wetland. Any subsequent fill or alteration of this wetland shall
conform to the requirements of state wetland rules adopted by the State of North Carolina
in force at the time of the proposed alteration. The intent of this provision is to prevent
additional wetland fill, so the property owner should not assume that a future application for
till will be approved. The property owner shall report the name of the subdivision in any
application pertaining to said wetland rules. This covenant is intended to ensure continued
compliance with wetland rules adopted by the State of North Carolina and therefore benefits
maybe enforced by the State of North Carolina. This covenant is to run with the land and
shall be binding on all parties and all persons claiming under them."
2. In order to comply with the 401 Certification and the associated storm water management
plan approved on February 11, 1998 (DWQ#970656) the following applies:
As much as reasonably practical a diversion ofa portion of the storm water from the lots 10,
11, 12, and 17 shall be made into the wetland areas either on the lot or in the wetlands on lots 18
and 19.
Lot 10 was conveyed to John R. Dupree and David W. Dupree, a d/b/a Market Street
Investments, a North Carolina general partnership, by deed of record in Deed Book 1741, page 872,
Johnston County Registry. Such conveyance was made by reference to the plat recorded in Plat
1pook 50, page 419, which sets forth on its face the nature of the matters referred to in these
covenants.
Lots 12 and 17 were conveyed to Market Street Investments, a North Carolina general
partnership, by deed of record in Deed Book 1809, page 485, Johnston County Registry . The
property was conveyed by the Grantee to Clifton L. Painter, trustee and Four Oaks Bank and Trust
Company, lender, as security for a loan as appears in deed of trust of record in Book 1849, page 922,
Johnston County Registry. Such conveyances were, likewise, made by reference to the recorded plat
as set forth in the preceding paragraph.
• Ar?? ?q,trtLaw. f?axnrr.,
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NORTH
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999K 19 31 p?GE 6 5 ?I
This the JZ day of An2;1 rzcco
PARTNERS EQUITY GROUP, (SEAL)
a North Carolina general partnership
SIX S PARTNERS
a No r 't ge 1 p rln rship(SEAL)
B I (SEAL)
ohn S. Shallcross, Jr.
Managing Partner
INDUSTRIAL DRIVE PARTNERS
a North Carolina general partnership (SEAL)
BY:_"'0 , (SEAL).
Miles G. Fleming
Managing Partner
`r
JOR CAROLINA t
UNTY
of , v
••" a Notary Public of the State of North Carolina Johnston County,
?e 401!'••tlTra hn S. Shallcross, Jr, managing partner of Six S Partners, a North Carolina general
pate hi A anaging partner of Partners Equity Group, personally appeared before me on this day
pnftx tW yet bove certification.
•?kQ'.*.iQ hand and notarial seal, this re, day of Apyi I 'Z=0.
Notary Public ?
My commission expires:?•i ,C+
NORTH CAROLINA
JOHNSTON COUNTY
1 a Notary Public of the State of North Carolina, Johnston County,
hereby certif t Miles .FI ming, managing partnerof Industrial Drive Partners, a North Carolina general
partnership, which is managing partner of Partners Equity Group, personally appeared before me on this day
and executed by the above certification.
Witness my hand and notarial seal, this 3 day o 7J;9 ""••.
"0 Tq ?
_,,1 Notary Pu
My commission expires:'AZA" `o A?

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