20080680 Ver 1_Stormwater Approval_20140805

N�CDiENR
North Carolina Department of Environmentand Nat�ural Resourcl
August 5, 2014
Mr. Ron Jackson
Quality Built Homes, Inc.
335 Fields Drive
Aberdeen, INIC 28315-8611
Subject Property: Savannah's Garden Subdivision
Killet's Creek [[13061, 17-30-3-(1), WS -111, CA]
APPROVAL OF MODIFIED STORMWATER MANAGEMENT PLAN
Dear Mr. Jackson:
John E. Skvarla, HI
Secretary
or County
On February 18, 2009, the Division of Water Resources (DWR) issueda 401 Water Quality
Certification to place filll within or otherwise impact the, following:
Type of Impact Amount Approved (units)
404/Wetland 0.48 (acre) — permanent
In order to meet Condition 7 (stormwater management) of the Water Quality Certification for this
project, a stormwater management plan was also approved on February 18, 2009. On June 11,
2013, the DWR received a draft request for a stormwater management plan modification for
Savannah's Garden Subdivision. On October 15, 2013, the DWR received a draft Conservation
Declaration and associated preliminary conservation easement drawing. After communications
between our respective counsel, additional documents were received from you, In particular, on
March 21, 2014, the DWR received the final, unrecorded conservation easement drawing. This
conservation easement drawing was recorded on March 21, 2014 with the Moore County Register
of Deeds at Plat Cabinet 16, Slide 229, and is attached hereto as "Attachment A." Further, on May
9, 2014, the DWR received the final, unsigned version of the Conservation Declaration to protect
the wetland swale that runs parallel with, Robert Place Road. The final, unsigned Conservation
Declaration is attached hereto, as "Attachment B."
On July 16, 2014, the DWR received a final request for a stormwater management plan
modification ("Final Request"), which is attached hereto as "Attachment C." The plan sheets
Division of Water Resources - 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 91M07-6494
Internet: www,newaterquality.org
An Equal Opportunity1 Affirmative Action Employer— Made in part by recycled paper

referenced in items number 2 and 3 of the Final Request has already been satisfied by the
conservation easement drawing attached hereto as Attachment A. Additionally, the legal
mechanism proposed for protecting the wetland swale referenced in item number 5 of the Final
Request has already been achieved through a different mechanism at your suggestion.
Specifically, the attached Conservation Declaration (Attachment B) and recorded conservation
easement drawing (Attachment A) sufficiently address item number 5 of the Final Request. The
DWR therefore considers the Final Request modified through agreements reached by you and the
DWR. If you do not agree with this understanding, please notify us immediately.
The DWR approves the revised Stormwater Management Plan, consisting of the narrative provided
in the Final Request, as well as the attached final Conservation Declaration and associated
conservation easement drawing, as meeting Condition 7 of the Water Quality Certification after
the owner signs, notarizes, and records with the Moore County Register of Deeds the Conservation
Declaration. This approval is conditioned upon the DWR's receipt of a copy of the signed,
notarized, and recorded Conservation Declaration within thirty (30) days of this approval letter.
This approval is for the purpose and design that you described in your application dated April 9,
2008, with additional information received from you on May 12, 2008, September 30, 2008,
November 3, 2008, December 8, 2008, January 9, 2009, and February 13, 2009. If you change your
project, you must notify us and you may be required to send us a new Stormwater Management
Plan. This approval requires to you follow the conditions listed in the Water Quality Certification
and Buffer Authorization for the project and the following additional conditions listed below:
1. The revised stormwater management plan approved by the DWR consists of one wetland
swale that runs parallel with Robert Place Road for approximately 600 linear feet and all
associated stormwater conveyances, inlet and outlet structures, and the grading and
drainage patterns depicted on plan sheets recorded at Moore County Register of Deeds
Plat Cabinet 16, Slide 229 and attached hereto as Attachment A. The plans and
specifications for the Savannah's Garden Subdivision approved by DWR are incorporated
by reference into this approval and are enforceable by DWR, provided however that any
modification of the design for the wetland swale that is accepted by DWR shall take
precedence over the original plans and specifications.
2. The maximum allowable drainage area for the approved wetland swale shall be 876,040
square feet and the maximum allowable built-upon area within that drainage area shall be
209,956 square feet. Built-upon area includes, but is not limited to, roofed structures,
asphalt, concrete, brick, slate, coquina and parking areas, but does not include raised,
uncovered open slat decking or the water surface of swimming pools. Any changes to
these maximum areas shall require the applicant to submit and receive approval for a
revised diffuse flow plan by the DWR.

3. The wetland swale and adjacent area shall be maintained in accordance with the signed,
notarized, and recorded Conservation Declaration (the unsigned version of which is
attached as Attachment B).
Thank you for your attention to this matter. If you have any qluestions or wish to discuss these
matters further, please do not hesitate to contact Annette Lucas at [phone] or me at (919)
807-6360.
Sincerely,
Karen A. Higgins, Supervisor
401 & Buffer Permitting Unit
cc: DWR Fayetteville Regional Office
USAGE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
Neal Smith Engineering, 139 Pinehurst Avenue, Suite C, Southern Pines, NC 28387
Madison Hall, Savannah Garden Conservation Group, 302 Jennet Dr,, West End, NC 27376
File Copy
Filename: 060680$avannaihsGardenSD(Moore)_SW_Mod_Approve.docx

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Judy D. Martin .
Register of Deeds
Hoare County, North Carolina
PLAT
FOR REGISTRATION REGISTER OF DEEDS
Judy D. Martin
Moore County, NC
March 21, 2014 11:56:25 RM
Book 16 Page 229-229
FEE: $21.00
INSTRUMENT # 2014003106
BOOK16 - PAGE229

___________________________________________________________
GORENFLO & CAMPBELL, PLLC
200 McCaskill Rd. E
Pinehurst, NC 28374
Drafted by Clark Campbell
No Title Examination
____________________________________________________________

NORTH CAROLINA
CONSERVATION DECLARATION
MOORE COUNTY

This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Covenants") is made on this the ___ day of May 2014, by
Savannah Garden Conservation Group, an unincorporated association, ("Declarant").

RECITALS & CONSERVATION PURPOSES

A. Declarant is the sole owner in fee simple of the certain property known as
Conservation Easement (Property ) being approximately
16,474 square feet, more particularly described and shown on that certain plat entitled
recorded in Plat
Cabinet 16, Slide 229, Moore County, NC, Register of Deeds; and

B. The purpose of this Conservation Declaration is to maintain wetland
and/or riparian resources and other natural values of the Property, and prevent the use
or development of the Property for any purpose or in any manner that would conflict
with the maintenance of the Property in its natural condition. The preservation of the
Property in its natural condition is a condition of the Approval of 401 Water Quality
issued by the North Carolina
Department of Environment and Natural Resources (
Inc. on February 18, 2009, for DWQ Project # 08-0680, as modified on \[DATE\], in
order to treat stormwater from the development subject to that Approval. This
Conservation Declaration may therefore be enforced by the State of North Carolina.

1

NOW, THEREFORE the Declarant hereby unconditionally and irrevocably
declares that the Property shall be held and subject to the following restrictions,
covenants and conditions as set out herein, to run with the subject real property and be
binding on all parties that have or shall have any right, title, or interest in said property.

ARTICLE I
PROHIBITED AND RESTRICTED ACTIVITIES

Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would
impair or interfere with the conservation purposes of this Conservation Declaration set
forth above.

Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted:

A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited;

B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property;

C. Industrial Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited;

D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited;

E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation on the Property;

F. Roads and Trails. There shall be no construction of roads, trails or
walkways on the property;

G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the
Property, signs giving directions or prescribing rules and regulations for the use of the
Property and/or signs identifying the Grantor as owner of the property;

H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Property is prohibited;
2

I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns;

J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition, diverting
or causing or permitting the diversion of surface or underground water into, within or
out of the easement area by any means, removal of wetlands, polluting or discharging
into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited;

K. Development Rights. No development rights that have been encumbered
or extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise;

L. Vehicles. The operation of mechanized vehicles, including, but not limited
to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks are prohibited; and

M. Other Prohibitions. Any other use of, or activity on, the Property which is
or may become inconsistent with the purposes of this grant, the preservation of the
Property substantially in its natural condition, or the protection of its environmental
systems, is prohibited.

ARTICLE II
ENFORCEMENT & REMEDIES

A. This Declaration is intended to ensure continued compliance with the
stormwater condition of the Approval issued by DENR, and therefore may be 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 the Declarant.

B. DENR, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose
of inspecting the Property to determine whether the Declarant, Declara
representatives, or assigns are complying with the terms, conditions and restrictions of
this Conservation Declaration.

C. Nothing contained in this Conservation Declaration shall be construed to
entitle DENR to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
fire, flood, storm, and earth
movement, or from any prudent action taken in good faith by the Declarant under
3

emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
Property or harm to the Property resulting from such causes.

ARTICLE III
PUBLIC ACCESS

A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.

ARTICLE IV
DOCUMENTATION AND TITLE

A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.

B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free
and clear of any and all encumbrances, except Declarations of record.

ARTICLE V
MISCELLANEOUS

A. Conservation Purpose. Declarant, for itself, its successors and assigns,
agrees that this Conservation Property shall be held exclusively for conservation
purposes.

B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation
Declaration. If any provision is found to be invalid, the remainder of the provisions of
this Conservation Declaration, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected
thereby.

C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of Moore County, North Carolina, and
may re-record it at any time as may be required to preserve its rights.

D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will
continue to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in
4

connection therewith, and that there is no environmental condition existing on the
Property that may prohibit or impede use of the Property for the purposes set forth in
the Recitals.

IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the
day and year first above written.

Savannah Garden Conservation Group

By: _______________________________
Madison Hall, President

NORTH CAROLINA
MOORE COUNTY

I, Clark H. Campbell, Notary Public for the State and County aforesaid, do hereby certify
that MICHELLE L. JACKSON personally appeared before me this day, and
acknowledged that she is President of Savanna Garden Conservation Group, an
unincorporated association, and that she as President, being authorized to do so,
executed the foregoing instrument on behalf of the corporation.

Witness my hand and notarial seal, this the ___ day of May 2014.

(SEAL) ________________________________
NOTARY PUBLIC

My Commission Expires: ____________

5

139 Pinehurst Ave. – Suite C
Southern Pines, NC 28387
Phone: [phone]
Fax: [phone]
www.nsengineering.com
July 1, 2014
Annette M. Lucas, PE
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Savannah’s Garden for Quality Built Homes
Carthage, North Carolina
NSE Job #0522502
DWQ Project #08-680
Dear Annette Lucas,
This letter is in response to comments received via email on May 09, 2013. DWQ’s
comments have been copies and italicized and our responses are as follows.
Aswediscussed,pleaseprovidethefollowinginformationinyourrequestforastorm
watermanagementplanmodification:
1.Atransmittalletterreferencingtheprojectnumber,080680.
Atransmittalreferencingtheprojectnumber,080680,shallbeprovided.
2.Plansheetsshowingtheasbuilttopographyofthewetlandswaleandadjacent
fieldjustwestoftheswale.
Aplansheethasbeenprovided.
3.Plansheetsshowingthewetlandmitigationareasinexcessofthemitigation
requiredundertheNoticeofViolation.
Aplansheethasbeenprovidedthatshowsthejurisdictionaldelineationofthe
wetlands.Theoriginalareaforrestorationcouldnotbedeterminedinthefield.
4.Photosofthewetlandswalevegetation.Seephotosbelow:
Neal Smith Engineering, Inc. – Southern Pines, NC

Savannah’s Garden
2
NSE Job # 0522502
Photo #1
(Looking upstream along swale approximately 80’ before
discharging into wetlands.)
Photo #2
(Vegetation along swale)
Photo #3
(Looking downstream along swale)
Neal Smith Engineering, Inc. – Southern Pines, NC

Savannah’s Garden
3
NSE Job # 0522502
Photo #4
(Swale vegetation)
Photo #5
(Swale vegetation)
Photo #6
(Swale vegetation)
Neal Smith Engineering, Inc. – Southern Pines, NC

Savannah’s Garden
4
NSE Job # 0522502
Photo #7
(Vegetation along swale)
Photo #8
(Swale vegetation)
Photo #9
(Vegetation along the outside of swale)
Neal Smith Engineering, Inc. – Southern Pines, NC

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