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Home My WebLink About20140681 Ver 1_401 Application_2014071463 A 4 A .. n w 4 AND ENGINEERING SERVICES TO NCDENR - DWQ 1612 Mail Service Center (Mail) Raleigh, NC 27699-1617 512 N. Salisbury St Raleigh, NC 27604 (Physical) ATTN Karen Higgins Letter ,of Transmittal DATE 6/30/2014 PROD. NO. 14 -0053 RE: J. Scoff Taylor - Hyco Lake, Person County WE ARE SENDING YOU: ■ Attached ❑ Under,Separate Cover ❑ Transmitted Via _ ❑ Prints ❑ Reproducible ❑ Specifications ❑ Copy of Letter p Change Order ❑ ❑ Shop Drawings COPIES DRAWING DATE DESCRIPTION 4 6/30/2014 Pre - construction Notification, Form 4 14 -0053, 5/1/2014 Recorded Plat,and Deeds of Property 4 14 -0053 6/27/2014 Site /Crossing /Detail,Plan Sheets TRANSMITTED: ■ For Approval ❑ As Requested ❑ For Your Use ❑ For Review and Comment COMMENTS Please find the attached PCN and supportipg supporting documents. Copies have also been sent to Eric Alsmeyer with the USAGE. Please let'me know if you require-any additional information. Thanks - Brantle — 919 - 732 -3883 ext. 3136 COPY TO SIGNATURE Brantley W. Wells, PLS O�QF w A rF;9 0 � 20140681 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number. 1c, Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply). ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X❑ No 2. Project Information 2a. Name of project: Talley Pointe Lot 23 and Additions 2b. County: Person 2c. Nearest municipality / town: Semora 2d. Subdivision name: Talley Pointe 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Two Hoos, LLC. 3b. Deed Book and Page No. DB 868, PG 500 -504 3c. Responsible Party (for LLC if applicable): J. Scott Taylor L I ` 3d. Street address: 7201 Waterston D try vY;-T®R QUALI 3e. City, state, zip: New Albany, OH 43054 3f. Telephone no.: 614 - 395 -4410 3g. Fax no.: 614 - 415 -6322 3h. Email address: STaylor @lb.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑Other, specify Purchaser 4b Name 4c Business name (if applicable) 4d Street address, 4e City, state, zip 4f Telephone no 4g Fax no-, 4h Email address 5. Agent/Consultant Information (if applicable) 5a Name Chad Abbott, PE 5b Business name (&applicable) Summit Design and Engineering Services,, PLLC 5c Street address 504 Meadowland'Drive 5d City, state, zip. Hillsborough, NC 27278 ,5e Telephone no 919 -732 -3883 5f Fax no 919 - 732 -6676 5g Email address chad abbott@'summitde net Page 2 ,of 1,0. B. Project Information and Prior Project History 1. Property Identification la Property identification no (tax PIN or parcel ID)' - Pin# 9969 -01 -05 -2861 & 9969 - 03=14 -1370 1,b Site coordinates ,(in decimal degrees) Latitude 36 5273 Longitude 79 5607 1c Property size 28 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Hyco Lake 2b Water Quality Classification of nearest receiving water WS -V,B 2c River basin Roanoke 3. Project Description 3a, Descnbe'the existing conditions on the site and the general land use in the vicinity of the project at the time of4his application 'Wooded with agricultural uses The project,borders Hyco,Lake,which is a recreational lake,surrounded by =single family homes 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear, feet of all existing streams (Intermittent and perennial) on the!property 1,800 3d Explain the purpose of the proposed project The development of aisingle,family residency with a new proposed driveway -to access the property which crosses two °non- buffered streams One cros D 3'e Describe the overall project -in detail, Including the type of`equipment to be used Heavy equipment will be used in the Gearing and grading of the new driveway and home site Drainage pipes/ culverts will be placed at the stream crc 0 4. Jurisdictional Determinations 4a 'Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this, property / project (including all prior phases), In the, past? ❑X Yes ❑ No ❑ Unknown Comments DWQ reviewed streams for initial development but o i p 4b If the Corps made the jurisdictional determination, what type of determination was made ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (If'known) Lia Gilleski Agency /Consultant Company NCDENR -DWQ Other, 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Unsure,of the exact date,,but'Spring 2008 for evaluations Owner retained documentation of findings 5. Project History 5a Have permits or certifications been requested or obtained for this�project (Including all prior phases) in the past? 1E Yes ❑ No ❑ Unknown 5b If yes, explain In detail according to "help file" instructions EC &S permit were obtained before construction, ofTalley Pointe Phase II constructed in 2008 6. Future Project-Plans 6a Is this a phased' project? '❑ Yes '❑X No 6b If yes, explain Page 3 of 1'0 PCN Form — Version 1 4 January 2609 C. Proposed Impacts Inventory 1. Impacts Summary 1 a Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters, ❑ Pond Construction 2. Wetland .Impacts If there are wetland Impacts proposed on the site, then complete this question for each wetland area Impacted '2a Wetland Impact number Permanent (P) or Temporary T, 2b Type of Impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of Impact (acres) W1 Choose one Choose one Yes /No - W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No - W4 Choose orie Choose one Yes /No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes /No - 2g Total'Wetland Impacts: 2h Comments 3. Stream Impacts, If there are perennial or Intermittent stream Impacts (Including temporary Impacts) proposed on the site, then complete this question for all, stream sites Impacted 3a Stream Impact number Permanent (P) or Temporary (T) 3b Type,of Impact 3c Stream name 3d Perennial, (PER) or' Intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Culvert Unnamed tnb Hyco PER Corps/ NCDENR 7 25 S2 P Culvert Unnamed tnb Hyco INT Corps /NCDENR 2 25 S3 - Choose one S4 - Choose one - - S5 - Choose one S6 - Choose one 3h Total,strea_m and tributary impacts 50 31 Comments Stream classifications / determinations not made in last five years Perennial / Intermittent classification is based upon applicant / engineering site assessment Page 4, of 1'0' PCN Form — Version 1 4 January 2009 �4. O'pen Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other,open water of the U S then indivi Ually list all open water impacts below 4a Open water impact number Permanent (P) or Tem ora ,, T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 - Choose one ,Choose 02 Choose one Choose 03 - Choose one Choose 0.4. - Choose one Choose 4f Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c 'Wetland Impacts (acres); 5d Stream Impacts (feet), 5e Upland (acres) Flooded Filled Excavated Flooded 'Filled Excavated P1 Choose one 02 Choose one 5f Total: 5g, Comments 5h Is a dam high hazard permit required' ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface,area (acres) 5j Size of pond watershed, (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If,yes, then individually list all buffer impacts below If any impacts require mitigation. then . ou MUST fill' out Section D of this form ,6a. Project is in which protected basin? ❑ Neuse, ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑X Other Roanoke 6b Buffer Impact number — Permanent (P) or Temporary T 6c - Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square, feet 131 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 - Yes/No 6h Total Buffer Impacts: 61 Comments Roanoke Basin has no,buffer rules Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance.and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The project,consists,of anew driveway to a single family home with installations of culvert pipes,at twodocation to access to,the build;site The stream crossing are designed allow as possible to'ln inimize,fill,and side slope encroachments TheAapplicant desires to access the property via "family lands as opposed to the existing gated subdivision road (which would also require two stream crossings from`build site to subdivision road),,allowing easier and quicker access to his father who resides on the family lands in case of emergencies 1 b Specifically•descnbe,�measures taken to avoid or mirnmize,the proposed Impacts through construction techniques 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of'the State 2a Does the project require Compensatory Mitigation for Impacts to Waters of the U S or Waters ofAhe State9 ❑ Yes ® No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Com lete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one, Type Choose one Type Choose-one Quantity Quantity Quantity, 3c Comments 4. Complete if Making a, Payment to lb -lieu Fee Program 4a Approval letter from In -lieu fee program Is,attached ❑ Yes 4b Stream mitigation. requested linear feet 4c If using stream mitigation, stream temperature Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian Wetland mitigation requested ;acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a,Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation, plan- Page 6 of 10 PCN Form — Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑X No 6b If yes, then identify the,square feet of impact to -each zone of the riparian buffer that requires mitigation- Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5' 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permiffee,responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a' Does the project include or "is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC �Ri arian Buffer Protection Rule`s lb If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan '2a What is, the overall percent imperviousness of this project? 1 37 % 2b Does this project require a Stormwater Management Plan? ❑'Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan,, explain Why The,p�oject is not'located in a State Stormwater Program and local.junsdiction does not require aLstormwater management plan 2d If this project DOES require a ,Stormwater Management Plan, then provide a brief; ,narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a In which local government,s urisdiction is this project? Person County ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of,approval been E] Yes ®No attached? 4. DWQ Stormwater Program Review []Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) []Session Law 2006 -246 ❑Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater'Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑X No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑X No Page 8 of 1A PCN Form — Version 1 4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does, the project involve an expenditure of public (federal /state %local) funds or the [:1 Yes ❑ !No use of public (federal /state) land 1 b If you answered "yes" to the above, does the project require, preparation of'an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland,Rules (1'5A NCAC'2H 0500), Isolated' Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑Yes ❑X No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the Giolation(s) 3. Cumulative,lmpacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result,in ❑Yes, ❑X No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment,methods and disposition (non - discharge or discharge) of wastewater generated from the proposed protect, or available capacity of the subject facility A conventional septic field and repair area have been approved and permitted rough Person,County Environmental Health The drain field and repair area meet all required setbacks for property lines, well and streams Page 9 of 10 PCN Form — Version 1 4 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally °protected species or Yes ❑ No habitat? 5b Have you checked with the' USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 5c If yes, indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Threatened an&Endangered Species list by County,and,Natural Heritage websites 6. Essential Fish'Habitat,(Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site,would impact Essential Fish Habitat 'South Atlantic Habitat and Ecosystem °website 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project�occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e g , National Historic Trust designation or properties.significant in North Carolina history and archaeology)? 7b What data Esources did you use to determineiwhether your sitewould impact historic or archeological resources? NC State Historic Preservation Office GIS,website 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑X No 8b If'yes, explain how project meets FEMA requirements The project occurs near a flood hazard zone AE, with the base flood elevation of 413', but`the property boundaries are along the,420' contour as they meet Hyco Lake 8c What source(s) did you use to make,the floodplain'determmation? North Carolina Floodplain Map #37109969000J, and the NC Floodplain Mapping website Applicant/Agent's Printed Name Date Applicant/Agents Signature (Agent's signature is valid only if an authorization letter.`from the,ap licanfis provided ) Page 10 of 10 .,t � Docurgq t# 5/9/2014 FILED Person Countv Russell lanes lax Administrator 9.05 AM Issued Hay 09, 2011 # 320 QD State Of North Carolina Person County _ Real Estate Excise lax :353666 FIL£0 in PERSON Count NL an Ray 0$ 2014 at 09 '21/ All by ARANDA W. GARREi1 OE I ie Q1' 1EETS� NORTH CAROLINA - GENERAL WARRANTY DEED DRAFTED BY: J. Linwood Cates, Attorney at Law EXCISE TAX • •-v4.r W a 4 - Brief Legal Description: 'Lot'23 of Talley Pointe, Phase If Property Address: Tax Parcel Identifier No.: Mail To Grantee c/o J. Scut Taylor- 7203 Waterston, blow Albany, OU 43054 THIS DEED made this 74ik day =of May, 2014, by and'betw,een GRANTOR / GRANTEE, LEGACY LAND GROUP, LLC / TWO HOOS, LLC P.'O. Box 1133 / 151 Skylark Drive Roxboro, NC 17573 / Semora, NC 27343 (The within- conveyed realty & not the principal residence,ot'the Gra ntor.) The designation Grantor and Grantee as used herein shell include said parties, their - heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter %is required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is herel>fy acknowledged, has and by these presents,does hereby release and forever grant, bargain sell and convey unto the Grantee forever, in fee simple, all,such right, title and interest as the Grantor has in to that certain lot or'parrel of land situated in Person Opunty, North Carolina, more particularly described as follows: Lying and being in Cunningham 'Township, Person County,, North Carolina, and being' all of what is shown and designated as Lot No. 23, containing 6.59 acres, more or less, as shown, delineated, and depicted, and being ills accordancewith, a plat of actual survey by Summit ConsuIting,,dated June, 2008, and entitled "RECOMBINATION & FINAL PLAT OF SUBDIVISION FOR TALLEY POINTE PRASE II "; and for purposes of augmentation,'insofar as furnishment of metes,and bounds, courses and distances, is concerned, said plat is hereby incorporated and made an integral part of this document by express reference being thereto made, the same being duly recorded in the Person County Registry at Plat Cabinet 15, hanger 509. There is also hereby conveyed to the Grantee,� its 'successors and assigns, a perpetual`and non - exclusive right of easement for purposes of'ingress, egress, and regress, to and -from the above - described property and North Carolina Hwy 57, as shown on the above - described plat of survey through Rainey Ridge, Barefoot Landing Lane, Talley Pointe Drive, and Stillwood Lane. The easement hereby gra ited shall be appurtenant to and run with, the lands herein conveyed. In addition, there is also herein conveyed an easement for the use-of the Talley Pointe private °wastewater treatment facility pursuant to the terms ofthat easement in Book 650, Page 312, of the Person Registry and an easement for pump,lines from the? lot to said facility along existing right of ways for,such'line& 2 BOOK 868 FAGS 501 353886 TO HAVE AND TO HOLD the aforesaid lot or parcel ofCland 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 marketabletand free 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: 1) That DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TALLEY POINTE PHASE II of record in Deed Book 753, Page 411, of the Person,Registry and Z) The,road maintenance conditions contained in the Deed of Easement in Book 608; Page-87 of the Pei-son Registry. IN TESTIMONY WHEREOF, said Grantor(s) have hereunto set their hands and seals, 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 above written. LEGACY LAND GROUP, LLC BY: 0� � SEAL) Cecil 19. Barker, Jr., Member BY: (SEAR) —A Marshall T. Duncan, Jr., M er/,Manager NORTH CAROLINA ]PERSON COUNTY I certify that before�me appeared this day Cecil E. Barker, Jr., a person known to me, who after being sworn stated he is a Member/Manager'of LEGACY LAND GROUP, LLC, a North Carolina limited liability company, and is duly, authorized to,act on behalf of said Company, and being informed of,the, contents, thereof, acknowledged execution of the foregoing, instrument on behalf of said Company. Witness, my hand and notarial seal, this the 7•►h day of May, 2014. My Commission Expires: to)a5)AD0 NORTH CAROLINA PERSON COUNTY ....01 0 Notary P1 bli,, .. , pTAR,, ' 2 AUBL�G ' V I certify that before me appeared this day Marshall,T. Duncan, Jr., a person known to me, who after 1 eing,,sworn stated he is a Member/Manager of LEGACY LAND GROUP, LLC, a North Carolina limited Iiability company, and is duly authorized to act on behalf of said Company, and being informed of the contents thereof, acknowledged execution of the foregoing instrument on behalf of said Company. Witness my hand and notarial seaI,,this the •7*h flay of May, 201�Gc•`.r� . �pTAR� M Commission Expires: t,1a51�� Notary Public ��C��.`?o My p Document, shows proof /acknowledgementlbe ties tt ls�� officer honied to take proof /acknowledgement, ac - owled ent'unciudes officer's signature. c mm� lion etion,date.ofTciai seal, if required Arran _ Ga ett, Person County Reg=sterof L?ccds .T Document # 5/9/2014 FILED 'Person County Russell !ones rax Administrator 9 :05 AM Issued Ray 013, 2011 $32000 State Of North Carolina Person County Real Estate Excise fax :353BB6 FILET} in PERSON Couiiiy, NIL an 0sy 09 2014 at 09 215/ All b AHANOA R GARRETt REGISTER f BEETS Book 868 e III II gill iBi�ilfilf�iilll�f�i� ifQ NORTH CAROLINA GENERAL WARRANTY DEED DRAFTED BY: J. Linwood Cates,,Attorney at ,Law EXCISE'TAX Brief Legal Description:, Lot 23iof Talley Pointe, Phase ,11 Property Address: Tax Parcel Identifier No.: Mail I To Grantee c/o J. 'Scott- Taypnr, 7.203 Waterston, Now Albany, OW 43054, THIS DEED made this 7A day of May,,2014,,by and between I GRANTOR LEGACY LAND GROUP, LLC P.O. Box 1133 Roxboro, NC 27573 GRANTEE - TWO LOOS, LLC 1,51 Skylark Drive Senora, NC 27343 (Thewithin- conveyed really1swotthefprinEkal residence pL�the4Cranter; 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 fis 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 hereby release and forever grant, bargain sell and convey unto the Grantee forever, in fee simple,'all'such right, title and interest as the Grantor has in to thatrcertain lot or °parcel of land situated in Person Cgunty, North Carolina, more particularly described as follows: Lying and being in Cunningham Township, Person County, North Carolina, and being all of khat'is shown and designated as Lot No. 23, containing -6.59 acres more or less, as shown, delineated, and depicted,and being in accordance with,)a plat.oi actual survey by Summit'Consulting, dated June, 2008, and entitled "RECOMBINATION & FINAL PLAT OF SUBDIVISION FOR TALLEY POINTE PHASE II "; and for purposes of augmentation, insofar as furdishment of metes and bounds, courses and distances, is concerned, said plat is .hereby .incorporated and made an integral part of this document by express reference being thereto made, the, same being duly recorded in the Person County Registry at PIat Cabinet 15, Hanger 809. Where is also hereby conveyed to the Grantee, its successors and assigns, a perpetual and non - exclusive right of easement for purposes of ingress, egress, and regress, to and from the above - described property and North Carolina Hwy 59, as shown on the above - described plat of survey through Rainey Ridge, Barefoot Landing Lane, Talley Pointe Drive, and Stillwood Lane. The easement hereby•granted shall be, appurtenant to and run with the lands herein conveyed. In addition, there,is also herein conveyed an easement for the use of the Talley Pointe private wastewater treatment facility pursuant to the'terms of that easement in Book 650, Page 312, of the Person Registry and an easement for pump lines, from the ,lot, to said facility along existing right of ways for such lines. BOOK 666 PAGE 501 353666 TO HAVE AND TO HOLD the aforesaid tot 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 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: 1) That DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TALLEY POINTE PHASE II of record in Deed Book-753, Page,411, mf the Person Registry; and 2) The road maintenance conditions contained in the Deed of Easement in Book608, Page�87 of the Person Registry. IN TESTIMONY WHEREOF, said Grantor(s) have hereunto set their hands and seals, or if corporate, has caused this instrument to beAgned in,its corporate name by i'ts,duly authorized officers' and its seal to be hereunto affixed by authority of 'its Board of Directors, the day and year above written. LEGACY LAND GROUP, LLC BY: Ce_e� t' SEAL) Cecil E. Barker, Jr., Member BY: (SEAL) Marshall T. Duncan, Jr., M cr/Manager NORTH CAROLINA PERSON COUNTY I certify that before me appeared this day Cecil E. Barker, Jr., a person known tome, mho after being sworn stated he is a Member/Manager of LEGACY LAND GROUP, LLC, a North Carolina'limited liability company, and is duly authorized to =act on behalf of said Company, and being informed of -the, contents thereof, acknowledged execution, of 'the foregoing instrument on behalf of said Company. Witness my hand and notarial;seaI,,this the '7-fh day of May,.2014. My Commission Expires: X01-5 NORTH CAROLINA PERSON COUNTY I certify that before me appeared this day Marshall T. Duncan, Jr,., a person known to me, who after being sworn stated he is a Member/Manager off'LEGACY LA14D GROUP, LLC,, a North Carolina limited Iiability company, and is duly authorized to act on behalf of said Company, and being informed of the,contents thereof, acknowledged execution of the foregoing instrument on, behalff of said Company,. AN- Witness my hand and notarial seal, this the -7 th day of May,, 2014c�` °��" ,?O' -L �,o7AR y . 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W< 0 0 x,Z < a UI�,0 z r W (� O,� o QzQgo?o - <— �(7 U �z -x Utz ��xpw,w0 0 <�wU LL�w,< i w wiC�3� U �- <� 1 i� n 0 0 Q H Q 1 F i w I 1 w F- p O w Z o ~ ,n O ,cn N N U O Z LL f U z V) ((D 0 V 2 � H LL d h C'• "elo C� 0 41 ss, EXIST. 50' EASEMENT P.C. 14 -339 D. R. LAMMERS, LP 921 -790 60, PUBLIC ID so DOROTHY RODGERS do OTHERS D.B. 727 -692 NEW TOTAL RECOMBINED EX. 25 AC TRACT LEGACY LAND GROUP, LLC P.B. 16 -604 uda, X0. 11 WATER VALVE 28.00 AC CABINET _J�, HANGER LEGACY LAND GROUP, LJLC N07E A' O :..:. a ONLED In PERSON C®un15 nL THIS SURVEY. ALL BUILMNGS; SURFACE AND the _ SUBSURFACE IMPROVEMENTS ON AND ADJACENT ," pa. A51�d2011 Ral 112:50:40 PM W, TO THE Sl7E ARE NOT NECESSARILY -SHOWN r 1 at HEREON. NO STATEMENT IS MADE CONCERNING \ ° GIST R DEEDS THE EXISTENCE OF UNDERGROUND CONTAINERS �• EXISTING IRON PIPE ICH MAY AFFECT THE USE OF THIS TRACT. \ Q7SEE TE "c° NOTE "B" PLAT "PROPERTY SURVEYED FOR BOB TAYLOR" THE LOCATION OF UNDERGROUND UTILITIES BY SUMMIT CONSULTING~ DATED MAY 30, 2012 AS -SHOW ARE BASED ON VISIBLE EVIDENCE Ay,Q RECORDED IN PB 16 -604. AND DRAWINGS PROVIDED TO THE SURVEYOR. it LOCATION OF UNDERGROUND UTILITIES AND NO " STRUCTURES MAY VARY FROM LOCATIONS FL ZONES OR BASE FLOOD ELEVATIONS WERE LACEM NOT Iy,VE577GATED DURING THIS SURVEY 41 ss, EXIST. 50' EASEMENT P.C. 14 -339 D. R. LAMMERS, LP 921 -790 60, PUBLIC ID so DOROTHY RODGERS do OTHERS D.B. 727 -692 NEW TOTAL RECOMBINED EX. 25 AC TRACT LEGACY LAND GROUP, LLC P.B. 16 -604 uda, X0. 11 WATER VALVE 28.00 AC CABINET _J�, HANGER LEGACY LAND GROUP, LJLC N07E A' O Filed SUBSURFACE AND ENVIRONMENTAL CONDITION•� WERE NOT EXAMINED OR CONSIDERED DURING C ' " ONLED In PERSON C®un15 nL THIS SURVEY. ALL BUILMNGS; SURFACE AND the _ SUBSURFACE IMPROVEMENTS ON AND ADJACENT ," pa. A51�d2011 Ral 112:50:40 PM W, TO THE Sl7E ARE NOT NECESSARILY -SHOWN r 1 at HEREON. NO STATEMENT IS MADE CONCERNING \ ° GIST R DEEDS THE EXISTENCE OF UNDERGROUND CONTAINERS �• EXISTING IRON PIPE ICH MAY AFFECT THE USE OF THIS TRACT. \ Q7SEE TE "c° NOTE "B" PLAT "PROPERTY SURVEYED FOR BOB TAYLOR" THE LOCATION OF UNDERGROUND UTILITIES BY SUMMIT CONSULTING~ DATED MAY 30, 2012 AS -SHOW ARE BASED ON VISIBLE EVIDENCE Ay,Q RECORDED IN PB 16 -604. AND DRAWINGS PROVIDED TO THE SURVEYOR. � LOCATION OF UNDERGROUND UTILITIES AND NO " STRUCTURES MAY VARY FROM LOCATIONS FL ZONES OR BASE FLOOD ELEVATIONS WERE SHOWV HEREON, AND AD0I7YONAL BURIED NOT Iy,VE577GATED DURING THIS SURVEY UTILITIES MAY EXIST. CONTACT THE "J�j APPROPRIATE UTILITY COMPANIES FOR NOTE 1NF ATION REGARDING BURIED UTILITI£S. NO U OPdUMENTS FOUND NOTE 'C' WITHIN ' OF THIS S)TE ALL DISTANCES ARE HORIZONTAL GROUND NOTE "K' AND AREA BY COORDINATE COMPUTATION. THIS THIS PROPERTY ((PORAONS ARE) IS NOTE D" Wf7HIN THE' RIV ER BASIN. NOTE "L" THIS SURVEY WAS DONE WITHOUT A 777LE R SEARCH AND IS BASED ON REFERENCED ZONING. INFORMA 770N. THERE MAY EXIST OTHER MAXIMUM BUILDING HEIGHT- 50 FT DOCUMENTS OF RECORD WHICH COULD BUILDING FRONT SETBACK. 25 FT AFFECT THIS PROPERTY BUILDING 510E SETBACK. 10 FT S BUILDING REAR (LAKE) SETBACK. 0 FT NOTP E" L10 EXCEPT AS SPECIFICALLY STATED OR SHOWN, THIS SURVEY DOES NOT REPORT ANY OF 20'19'53" THE FOLLOWING. EASEMENTS, OTHER THAN L11 THOSE VISIBLE DURING FIELD EXAMINATION, BUILDING SETBACKS, RESTRICTIVE` COVENANTS, 34'46'30" ZONING OR LAND USE REGULATIONS AND ANY L12 FACTS WHICH A 777LE SEARCH MAY DISCLOSE NOTE F' E 4� EIP F IvC I* NEW TOTAL RECOMBINED 51.85 AC BY CALCULATION LEGACY LAND GROUP, LLC D.B. 654 -392 RECN 26757 EXISTING 100' POWER EASEMENT n wi a w "W O cv _w 2 o a "REFERENCES" D.B. 777 -631 D.B. 654 -392 D.B. 603 -536 D.B. 666 -007 D.B. 586 -520 P.C. 16 -604 P.C. 15 -809 P.C. 15 -312 P.C. 14 -339 a� y � X61. tea'• to s, sue. 2.65 AC TO BE RECOMBINED TO EX. 25 AC r� IPS IP \\ �.\ 30' PERSON COUNTY STREAM BUFFER CAROLYN ANDERSON & EIP ANN POINTER EIP NDF \ \\ SST56'00"E r s 1120.38' j ABANDONED ! 1 WETLANDS, XRISDIC77ONAL WATERS OR OTHER CONDITIONS W41CH MAY IRE REGULATED BY PLAT CABINET _J�, HANGER IRON ROD OR PIPE SET FEDERAL OR STATE OR LOCAL AGENCIES WERE Filed in Person County Register of C.eeds ONLED In PERSON C®un15 nL NOT INVESTIGATED DURING THIS SURVEY. RIPARIAN BUFFERS AND OTHER RESTRICTIONS the _ day f __, 2014 Y ," pa. A51�d2011 Ral 112:50:40 PM W, ON DEVELOPMENT MAY BE REQUIRED. at _ _�_ o'CIOCk - -_.M. GIST R DEEDS COPYRIGHT C) 2012 SUI+IMIT DESIGN AND ENGINEERING DRAWING ALTERATION IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF LICENSED ARCHITECT, PROFESSIONAL ENGINEER, LANDSCAPE ARCHITECT, OR LAND SURVEYOR TO ALTER ANY ITEM ON THIS DOCUMENT IN ANY WAY, ANY LICENSEE WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION 'ALTERED BY' FOLLOWED BY HIS OR HER SIGNATURE AND SPECIFIC DESCRIPTION OF THE ALTERATIONS. 1 Pa 607 Amanda W. Garrett, Register of Deed's (-OWNERS ADDRESS: LEGACY LAND GROUP, LLC. PO BOX 1133 ROXBORO, NC 27573 AEIP S15 '54'03 "E 14.30' WATER USE LINE t2 I SIP Z BILL BARBER do OTHERS D.B. 250 -239 ¢ S25' 14'26 "E 1.9 EIF 62.45' TIE EIP ROBERT TAYLOR, JR. D.B. 733 -403 --�� LEGEND: 0 IRON ROD OR PIPE SET ® EXISTING MONUMENT FOUND; LINE IRON ROD OR PIPE UNLESS Ct OTHERWISE DESCRIBED Q MATHEMATICAL POINT; 202.61 NO MONUMENT SET N CONCRETE MONUMENT EIP EXISTING IRON PIPE Lc'Q, UTILITY POLE N 13'47'26" S25' 14'26 "E 1.9 EIF 62.45' TIE EIP ROBERT TAYLOR, JR. D.B. 733 -403 --�� CURVE TABLE LINE TABLE LENGTH RADIUS I DELTA I CHORD LINE LENGTH Ct BEARING 9189.00 L1 202.61 N N 37'18'46" W L2 237.10 39.074 N 13'47'26" W L3 110.83 N 23°52'55" W L4 323.69 N 17'43'42" W L5 235.24 N 14' 14'0" W L6 132.82 N 50' 16'54" W L7 175.55 N 46 °51 '1" W L8 118.04 N 39'30'50" W L9 172.48 S 77*37'54" W L10 41.97 S 20'19'53" E L11 121.02 S 34'46'30" E L12 123.07 S 31'7'34" E L13 134.52 S 12'29'59" E L14 85.50 S 33'26'6" W L15 69.61 S V38'3" W L16 121.80 S 15'54'3" E L17 372.98 S 81'27'34" W L18 185.80 N 89'42'01 " W L19 499.21 N 25'59' 14" W L20 46.39 S 25'59' 14" E L21 381.60 N 80'119'0 1 " W L22 84.52 N 30'51'15" E L23 153.64 S 51'45' 17" W L24 104.06 S 64'45'20" W L25 111.86 N 5Y34'41" W L26 162.32 N 38'19'23" W L27 103.32 N 33' 12'28 E L281 99.47 N 08' 10'25" W L291 120.60 N 39'32'53" W CURVE TABLE CURVE LENGTH RADIUS I DELTA I CHORD ICHORD BEARING TANGENT Ct 61.22 9189.00 J 61.221 N 30.61 C2 40.14 50.00145!22,Mol 39.074 AI-An-r7- ri 415.37 W G. BARKER, JR. D.B. 456 -561 0.80 AC TO BE RECOMBINED TO REMAINDER - - - -- - - - - -� �/ �, / EX. LOT 23 - ; TALLEY POINTE PH II r� D.B. 654 -392 S42'57'35"W 162.20' WATER USE LINE CONTROL CORNER PC. 15 -231 P.C. 15 -809 LEGACY LAND GROUP, LLC D.B. 603 -536 c 0 0 1.15 AC 2 TO BE RECOMBINED TO EX. 25 AC S01'02'04"W - 395.36' NEW R INTERMITTENT STREAMS AS DETERMINED BY NCDENR ' DWQ (30' COUNTY STREAM BUFFER) EX. LOT 22 clr &CONTROL El Ip z CORNER HYCO g LAKE S20' 16'51 "E J 64.98' TIE Ln VICINITY ASAP NOT TO SCALE I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOUOW7NG TYPE' CERTIFICATE OF EXCEPTION: I certify that said property qualifies as an exception to the provisions of the Person County Subdivision Regulations under Section 16 -1. Planning & Zoning Admini trator Date Person Co., N.C. GRAPHIC SCALE THIS PROPERTY IS ADJACENT TO A FEMA 125 0 62.5125 250 500 FLOOD HAZARD AREA. SEE FIRM MAP 3710996900J, EFFECTIVE JUNE 6, 2007. BASE FLOOD ELEVATION =413'. (IN FEET) 1 inch = 250 ft. USUMIT DISM AM Creatively Inspired - Technically Executed PROJECT NO.