20070611 Ver 2_401 Application_20070920

' ~` HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road o~~ /~/ / ~ v~
Lillington, NC 27546-0400 l (J(p
Phone [phone] /Fax [phone]
E-mail: [e-mail]
17 September 2007
~-,
~~ ~~
Division of Water Quality ~ ~,~.~ ~~ ~ ~ ~;' ~ ,
401/WetlandsUnit ~ ~~_ '~"'
1650 Mail Service Center ~~ ~= P :~ , ~~
Z00~
Raleigh, NC 27699-1650 ut ,
Reference: Request for WQC Modification -DWQ Project # 07-0611 y'~~,~~~c ~r~~,~ ~ ~t~a s~'cn
Forest Ridge Subdivision (Proposed) ~36 Acres
Moore County, North Carolina E~Y~ EP~T
RECEIVED
Dear DWQ Specialist,
A 401 Water Quality Certification (WQC) was issued for this project in May 2007 for
0.15 acre of proposed wetland impacts associated with development of the Forest Ridge
Subdivision. Since that permit was issued, some changes to the development plan have occurred
as a result of dialogue with the Corps of Engineers. The Corps of Engineers issued a Nationwide
Permit Verification on 12 September 2007 for 0.19 acre of wetland impacts, and we request that
the 401 WQC be modified to match.
There are two changes to in the amount of wetland impacts proposed. The first change is
that impact #1 has been eliminated. Crreenleaf Court was shortened to avoid 0.0293 acre of
wetland impact at the end of the cul-de-sac. The second change is that the Corps of Engineers is
considering the 0.07 acre wetland on Lots 23 and 24 impacted because the ditch between this
wetland and the wetland on Lot 26 will be filled in by Pinemere Court, severing the hydrologic
connection between the two. Thus, impact #3 will increase from 0.0706 acre to O.I407 acre.
Impacts #2, #4, #5, and #6 remain unchanged. Total proposed wetland impacts are now at 0.19
acre.
The mitigation plan to .compensate for the proposed impacts has also changed.
Previously, the developer proposed to restore 0.026 acre of wetland and 25 linear feet of stream
at the north end of the property. This azea is now in the proposed road corridor that connects
Forest Ridge Subdivision to the adjacent, undeveloped property and will not be restored.
Instead, the developer proposes to establish a 50-foot wide vegetative buffer adjacent to the
stream along Lots 29-39 that will preserve 0.71 acre of wetland and 1.03 acre of upland in the
buffer. Additionally, 2.28 acres of wetlands along the eastern property boundary in Phase 1 will
be preserved. These two conservation areas will be preserved within the subdivision's restrictive
covenanants, as shown in Section 2.3 of the attached draft. The developer has also agreed to
attach deed notifications to all lots in this subdivision containing wetlands. Compensatory
mitigation for wetland impacts will be accomplished through an in-lieu-fee payment to the
Ecosystem Enhancement Program at a 2:1 ratio.
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting

HAL OWEN & ASSOCIATES, INC.
A revised Pre Construction Notification with the changes described above is enclosed. I
trust that this provides ali the information that you require to issue the modified 401 WQC. If
you have any questions or need additional information, feel free to contact me at your
convenience.
Sincerely,

Krissina B. Newcomb
Project Environmental Scientist I
CC: James Tepatti (Bowater Timber I)
Henry O'Connor
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting

Office Use Only: Form Version March 05
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 and 18
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information ~~ -~'' ~ ~ ~'~ gg~
L~
1. Owner/Applicant Information
5~ r~ ~ G' ~~0~
Name: Bowater Timber I LLC n
Mailing Address: PO Box 1354 ~~' "~'~src~~~.uat~Raaay6N
Mobile. Al 36633
Contact: James Tepatti manag_er~
Telephone Number: 910-315-5900 Fax Number: 910-692-4693
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Hal Owen. Krissina Newcomb
Company Affiliation: Hal Owen & Associates, Inc.
Mailing Address: PO Box 400
Lillington NC 27546
Telephone Number: 910-893-8743 Fax Number: 910-893-3594
E-mail Address: halowen(a~earthlink.net
Updated l1/1/2005
Page 5 of 13

III. Project Information
5
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow.. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Forest Ridge Subdivision (proposed)
2. T.LP. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): portion of 8597-00-5342-98
4. Location
County: Moore Nearest Town: Carthage
Subdivision name (include phase/lot number): Forest Ridge (proposed)
Directions to site (include road numbers/names, landmarks, etc.): Take Hwy 24 west
toward Carthage. Turn left on Grady Rd. at caution light (1.4 mi. past old US 1). Go to end,
turn right on Union Church Rd. Entrance to site is ~0.2 mi. on ri;;ht, before school.
Site coordinates (For linear projects, such as a road or utility line, attach a
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.320806 °N 79.350617
6. Property size (acres)
35.79
7. Name of nearest receiving body of water: UT to Crane (Grains) Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: site is forested, proposed subdivision roads have been
surveyed and cleared. Land use in the vicinity is dominantly agricultural with some
residential.
sheet that
oW
Updated 11/1/?005
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used:
Subdivision of land into individually owned lots for single family residential housing
serviced by a network of subdivision roads and public water. Equipment to be utilized
includes bulldozers, pans, trackhoes, and other typical construction equipment.
11. Explain the purpose of the proposed work: single family residential development
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Jurisdictional Determination, field approved 23 January 2007
NCDWQ Project # 07-0611, 401 Water Quality Certification, 17 May 2007
USACE Action ID SAW-2007-1356-063, Nationwide Permit Verification, 12 September 2007
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
All lots appear buildable without more wetland or stream impacts. The Town of Carthage has
directed the developer to establish a connection between this subdivision and the remaining 200
acres on the other side of the stream. The access road and associated impacts would bepermitted
if and when that land is developed.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated I l/1/200~
Page 7 of 13

Provide a written description of the proposed impacts: Impact #2 is the location of a
stormwater outfall swale. Impact #3 is associated with the construction of Pinemere Court.
Facts #4, #5, and #6 are necessary for septic supply line easements from homes on the
front of the lots to septic areas or easements on the other side of the wetland drain. Impact #6
is a temporary construction corridor which will be allowed to re-vegetate. Impacts #4 and #5
will be permanent due to access roads needed to move maintenance equipment to and from
the septic areas. A water main will also be installed in the easement at impact #5.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
2 Grading Forested No 200 0.01559
3 Fill Forested No 650 0.14068
4 Mechanized clearing; fill Forested No 350 0.01033
5 Mechanized clearing, fill Forested No 200 0.01983
6 Mechanized clearing Forested No 350 0.00464
(tem ora )
Total Wetland Impact (acres) 0.19107
3. List the total acreage (estimated) of all existing wetlands on the property: 4.62
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
(indicate on map) Before Im act (linear feet) (acres)
NA
Total Stream Impact (by length and acreage)
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
till, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number

(indicate on ma)
Name of Waterbody
(if applicable)
T e of Itn act
yp p Type of Waterbody
lake, ond, estua
( P ry, sound, bay,
ocean, etc.) Area of

Impact
(acres)
3 NA fill ditch .0020

Total Open Water Impact (acres) .0020
Updated 11/1/2005
Page 8 of 13

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.19107
Open Water Impact (acres): 0.0020
Total Impact to Waters of the U.S. (acres) 0.19307
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The subdivision road format
was modified. reducing the len>?th of a cul-de-sac, to avoid wetland impacts (previously impact
#1)Significant effort was made to design offsite (remote) septic easements for Lots 8, 9, 10, 26,
and 29 to avoid wetland impacts associated with home sites. Wetland impacts were avoided at
Lot 38 by sitinP the lot line down the wetland drain. At impact #5 the septic supply line, access
road and water line will run together through the same easement minimizing wetland impacts.
At impact #2 the stormwater outfall was re-aligned to minimize wetland impacts. It is our
understanding that en ing Bering constraints disallow total avoidance of this impact because of the
volume of stormwater bein cg onveyed (it ties to an existing DOT stormwater conveyance on
Union Church Rd).
Updated I I/1/200~
Page 9 of 13

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A 50-ft stream buffer will be established on Lots 29-39 and 2.28 acre of wetland in Phase
1 will be preserved. A total of 1.03 acre of upland and 2.99 acres of wetland will be
preserved in the subdivision covenants (draft attached). Compensatory mitigation for
impacts will be accomplished through payment to the Ecosystem Enhancement Program at a
ratio of 2:1
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/~aQes/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Updated I1/1/200~
Page 10 of 13

Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0.2 X 2 = 0.4 acre
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Itnpact
(s uare feet) Multiplier Required
Miti>?ation
I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel: Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Updated l l/1/2001
Page 1 l of 13

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious surface is 0%. Proposed
impervious surface is 19%. See attached impervious acreage calculation sheet.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Individual subsurface sewage waste disposal systems
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Yes.
Additional land is available for devopment north of the stream. It is likely this area will be
developed for residential housing using a similar format as this project with impervious acre~e
~20%. Based on topographic maps, it appears one wetland impact will be necessary for an
access road connecting this development with any future phase.
Updated I l/1/2005
Page 12 of 13

XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Thre~tene~l Species, accessibility problems, or other issues outside of the applicant's control).
stir 7-/~ -off
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated ] I/1/?005
Page 13 of 13

Jan 06 Q7 01:37p -Jamie Tepatti Stu gal-o~~i p.i
Jan. 5. 2007 11:44AM HAL OWEN & ASSQCiATES No. 2391 P. 2

s January 200
dwn®r. Information
Name: ]3o~crater Timber T, I.LC
Mailing Address: I'Q Box 1354
City, State, Zip: Mobile, LA 36633
Telephone #:
Prop®rty Doscriptlon
Project Name: Forest Ridge Subdivision (proposed)
Address: Union Church Road
PIN #: 8597-00-5342-98
County: Moore
~~ ~ Q f(1..{~
I, ~~aM2S 12~~~ ~ ~ ~of above referenced progeny,
authorize the US Array Corps of Engameers to enter the subject property for the purpose of a
jurisdictional determination.
T also authorize Mr. Hal Owen of Hal Owen & Associates, Inc. to act in my behalf as my
agent in processing applications for wetland certification and/or permits.
i
~~ _____-
,.Signature
,-
-
~;
TJate c)

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\'• \ GRAPHIC SEALE 1691!414 ~\ "~~~~ ~~~®~ I~i~U~ ~~
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General Notes:
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V
a vie ~Q~ds
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9
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uc era
HAD B3
,.,r , ,~. , ~ .,.,. rv u v~ ~ ~ ~, u, aaenaea.
Mea ql wordlrlpta medwd.
~®hed IFiea rot arveyed, drove from info-nekton as i~dlcated.
There are no v5lble encroachnants
other tlm three stare hereon.
Property dxs rot Ik n a FEM4 da519rotatl Flood HazoM Mee.
Property does Ile n a h5-III public rvoter supply natershed
Property is zoned R2o, per lFe Toren of Ctrthoge.
Fb Lots a•e permltfed io access Onto I1nICl Church Read.
rb Lota ere pamltted to access onto GreEtj Rood.
No tbricarkal Control rvitfin 2p00' of property.
Lcyout IncNdes Phases I t z
Mlnhrm Lot rlmth = BB \
\.
13 Wde Loriscope Pufter
Leaend:
=Proposed Lot IJMS
- ~ - -- - =Proposed BuIItlYg 5ettracks
---- = RkJAt of Hcy
= eD uro
- - - = Ad Properly LYws not Survoyetl
- ' - _ BWldirg Scltxack LirmS
-ve- : Exisurg Contour
-kL- = Approxemle Lacatim of [ atr,g Wotalhe
Iew : lo' Prle (tyaJ
= EleetYg Trop to ba Removatl
>:I = Llgnt Pob
= Iklllty Pqe
aN = Ovemead Iniuty
® =rata Mater
Plater Vahw
= FrE Mytmt
e : HoterlMe
Q = Saitay Senor M>iak _
55 = `xytay Sencrllw
~ = Saituy Scncr Shut
a : cwv mlec
® =Stone Pen Manbla
aP • Lomxjaled Matti P1pe
Rr> = RnlnFOrcetl COrcre[e Pipe
2T = Flo~ed fed Section
references:
Oeetl Book 1890, Page 4Do
Moore County, North Carolho
Owner/Developer ~ - -
Bonater Tlnba I, LLC
PO Boz 1354
MObHe, AL 36633
20' Ydde a'I,nye Coseaafk
&IStilg Fbtkrd5 (Typ) .~
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atlon Ar ~ ~ . /` 1 aw / ~`
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0504314
I)RRrviW eEY
GI OF I

HAL OWEN & ASSOCIATES, INC.
IV. Prior Project History
1. USACE Jurisdictional Determination, field-approved 23 January 2007 (Map)
2. NCDWQ Project # 07-0611, 401 Water Quality Certification, 17 May 2007
3. USACE Action ID SAW-2007-1356-063, NWP Verification 12 September 2007
Soil Science Investigations ~ Wetland Delineations, Permitting, and Consulting

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 17, 2007
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0611
Moore County
Mr. James Tepatti
Bowater Timber I, LLC
P.O. Box 1354
Mobile, AL 36633
Subject Property: Forest Ridge Subdivision
Ut to Crane Creek [030614, 18-23-16, WSIII]
Approval of 401 Water Quality Certification with Additional Conditions -REVISED
Dear Mr. Tepatti:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within
or otherwise impact 0.15 acres of 404/wetland and 0.002 acres of waters (ditch) to construct the proposed
residential subdivision, as described within your application dated Apri15, 2007, and received by the N.C.
Division of Water Quality (DWQ) on Apri19, 2007. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3631 (GC3631). The
Certification(s) allows you to use Nationwide Permit(s) NW 18 and NW29, respectively, when issued by the
US Army Corps of Engineers (USAGE). This Certification replaces the Certification issued to you on May
9,.2007. In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear
feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any additional
conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved (Units) Plan Location or Reference
404/Wetland 0.15 acres PCN a e 8 of 12
.__ _ ~.
4010versighNExpress Reylsw Permits Unit
1650 Mafl Barytes Center, Raleigh, North Carolina 27699-1650
2321 Crabtree l3culevard; Suite 250, Raleigh, NoRh Carolina 27604
Phone: [phone] FAX [phone]Intemet: htto://h2o.enr.state.nc.us/ncwetlands
No Carolina
atura!!y
An Equal Opport~PitylAffinnative Action Employer - 50% Recycled/10% Post Consumer Paper

Bowater Timber I, LLC
Page 2 of 3
May 17, 2007
Waters -ditch 0.0020 (acres) PCN a e 8 of 12
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land- disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;
6. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and- sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction
projects that disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A
copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.;
Certificate of Completion:
7. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Bowater Timber I, LLC
Page 3 of 3
May 17, 2007
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of
the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing: You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at
919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-433-33
AWK/ijm
Enclosures: GC3631
Certificate of Completion
Sinc ely,
lan W. Klimek, P.E.
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Hal Owens, ICrissina Newcomb, Hal Owens & Associates, Inc., P.O. Box 400, Lillington, NC 27546
Filename: 070611 ForestRidgeSD(Moore~01_Revised

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. SAW-2007-1356-063 County: Moore USGS Quad: Vass
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Mr. Tames Tepatti, Bowater Timber I, LLC Authorized Agent: Hal Owen & Associates, Inc
Address: P.O. Box 1354 Address: P.O. Box 400
Mobile, AL 36633 Lillin~ton, NC 27546
Telephone No.: 910-315-5900 Telephone No.: 910-893-8743
Size and location of property (water body, road name/number, town, etc.): Property is a 36-acre site known as Forest
Ride Subdivision, located on the northeastern side of Union Church Road (SR 1805), adjacent to Section 404
waters and wetlands of an unnamed tributary (UT) to Crane (Craines) Creeks, in Carthage Township, Moore
County, North Carolina.
Description of projects area and activity: Nationwide permit 18 authorizes the discharge of fill material into 0.015
acre of iurisdictional wetlands associated with the construction of a 20 ft. wide stormwater outfall easement located
between proposed lots #10 & 11 Nationwide permit 29 authorizes the discharge of fill material into 0.17 acre of
jurisdictional wetlands for the construction of a residential road and three 20 ft. wide septic supply line easements.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18 & 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will re-nain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date. of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prier to beginning work yon must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact E urton at ( I-4635.
o-
Corps Regulatory Official r~ ~~L Date: September 12, 2007
Expiration Date of Verification: Septem 12, 2009
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http~//www s•tw usace.army.mil/WETLANDS/index.html to
complete the survey online.
Copy Furnished:
Ken Averitte NCDENR-DWO Fayetteville Reeional Office 22S Green St. Suite 714/Systel Blde., Fayetteville, NC 28301
Christie Armstrong Planner County of Moore P.O Box 1115 Carthage, NC 28327

!/
C
Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
/ This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
/ (Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued .Action ID
Basis of Jurisdictional Determination: The subiect area exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual. Wetlands are adiacent to an unnamed tributary to Crane (Craines) Creek, a tributary to the. Little
River a traditional navigable water. Determination is based on information provided by a field visit by Emily Burton on
.Tanuary 23, 2007.
Corps Regulatory Official:
Date September 12, 2007

l
r'
Forest Ridge Subdivision
Moore County
AID# SAW-2007-1356-063
Special Conditions:
1) The permittee shall execute and cause to be recorded in the Moore County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as
shown on the reviewed plat (Deed Book 1890, Page 400) in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the
terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the
property described in the covenants inconsistent with the terms thereof. Permittee shall provide a copy
of the recorded preservation document and plat to the Corps of Engineers within 30 days of
recordation.
2) Future responsible land owners of Lots 7 - 11 and Lots 23 - 39, must notify the U.S. Army Corps of
Engineers, Wilmington District prior to any activities associated with mechanized land clearing and
discharge of fill material within the jurisdictional wetlands. This provision must be included in the
recordation of the Deed Notification to ensure continued compliance with this Permit Condition.
3) In order to compensate for impacts to 0.185 acres of riparian wetlands, the permittee shall make
payment to the North Carolina Ecosystem.Enhancement Program (NC EEP) in the amount determined
by the NC EEP at a 2:1 ratio, sufficient to perform the restoration of 0.37 acres of riparian wetlands in
the Upper Cape Fear River Basin, Cataloging Unit 03030004. The permittee must make payment in
full to the NC EEP and provide a copy of the payment documentation to the Corps within 30 days.
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Enviromnent and Natural Resources and the United States Army Corps
of Engineers,. Wilmington District, dated November 4, 1998.
Corp Regulatory Official /1~ ~ J..~~lt\ti Date ~ ~ (~
_V

HAL OWEN & ASSOCIATES, INC.
VIII. Mitigation
1. Draft of Restrictive Covenants
2. Statement of Intent to use deed restrictions on lots with wetlands
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting

DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR FOREST RIDGE
THIS DECLARATION, made this _th day of , 2005 by Forest Ridge,
LLC, an North Carolina limited liability company, hereinafter referred to as "Developer".
WHEREAS, Developer is the owner of the real property located in Moore
County, North Carolina and more particularly described as follows, to-wit.
Forest Ridge, Lots 1 through +/- 42 (TBD) ,described on plat thereof
recorded in Map Book ,pages and of the records in the
office of the Judge of Probate of Moore County, North Carolina.
NOW THEREFORE, Developer hereby declares that all of the real property
described above shall be held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions which are for the purpose of protecting the value
and desirability of said real property and which shall run with the real property and be
binding on all parties having any right, title or interest in the described property, or any
part thereof, and upon all persons deriving title through the Developer, and their
respective heirs, successors and assigns and which shall inure to the benefit of each other
thereof.
ARTICLE I
DEFINITIONS
Section 1.1 "Association" shall mean and refer to the Forest Ridge Homeowners
Association, Inc., an North Carolina non-profit corporation, its successors and assigns.
This is the Declaration of Covenants, Conditions and Restrictions to which the Articles of
Incorporation and Bylaws of the Association make reference.
Section 1.2 "Owner" shall mean and refer to the record owner, whether one (1)
or more persons or entities, of a fee simple title to all or any portion of any Lot which is a
part of the Properties as hereinafter defined, including contract sellers, but excluding
those having such interest merely as security for the performance of an obligation.
Section 1.3 "Properties" shall mean and refer to that certain real property
hereinbefore described, and such additions thereto as may hereafter be brought within the
jurisdiction of the Association.
Section 1.4 "Common Areas" shall mean real property, easements and any other
interests in real property (including any improvements thereto or thereon) now or
hereafter owned by the Association for the common use and enjoyment of the Owners.
The Common Areas to be owned by the Association at the time of the conveyance of the
first Lot are those common areas designated on the plat as hereinafter defined.
Section 1.5 "Lot" shall mean and refer to each of the platted lots as shown on
the Plat of Forest Ridge, a subdivision as recorded in the public records of Moore
Filed in Moore County Probate Court on _
Book - Page-
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County, North Carolina. In the event a portion of a lot is added to another lot due to
building encroachments, setback violations or for other reasons, such combination of lots
and the remainder of a lot shall also constitute a "Lot" under this definition.
Section 1.6 "Plat" shall mean and refer to the Plat of Forest Ridge, which is
recorded in the public records of Moore County, North Carolina in Map Book ,
Pages and
Section 1.7 "Subdivision" shall mean and refer to Forest Ridge, a subdivision
situated in Moore County, North Carolina according to the Plat.
ARTICLE II
PROPERTY RIGHTS
Section 2.1 Common Area Easements: Every Owner of every Lot shall have a
right and easement of enjoyment in and to the Common Areas which shall be appurtenant
to and shall pass with title to every Lot (even if not referenced in the document of
conveyance) for the following purposes:
(a) Displaying and maintaining a sign identifying the Subdivision.
(b) Erecting and maintaining a fence and landscaped area on the Common Area at
the entrance to the subdivision. - -
(c) Such other rights and easements as the Association may determine to be
suitable for the use and enjoyment of the Owners.
Section 2.2 General. The rights and easements of enjoyment herein created and
reserved shall be subject to the following provisions.
(a) Right of the Association to expand or bring other properties within the
)unsdictiori of the Association. - -
(b) An easement in favor of Developer and Association to develop and construct
improvements on the Common Areas and to repair and maintain any existing
improvements on such Common Areas, provided, however, Developer shall
have no obligation to so repair and maintain any improvements once
constructed.
(c) Easements and rights of way of record.
Section 2.3 Conservation Easements. The areas shown on the recorded plat
(identify the plat by title, date, and recording data) as conservation areas shall be
maintained in perpetuity in their natural or mitigated condition. No person or
entity shall perform any of the following activities on such conservation area:
Filed in Moore County Probate Court on , _
Book - Page-
Receipt #

a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID
and therefore may be enforced by the United States of America.
This covenant is to run with the land, and shall be binding on the Owner, and all
parties claiming under it.
(see Section 8.3) AMENDMENT OF DECLARATION. The covenants and restrictions
of this Declaration may be amended by an instrument signed by two-thirds (2/3) of the
Lot owners (1 vote per Lot) within the subdivision duly recorded in the
County Register of Deeds, provided that any amendment to Section 2.3 Conservation
Areas cannot be made without the express written consent of the U.S. Army Corps of
Engineers, Wilmington District.
ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 3.1 Organization of Association. Developer has caused or shall cause
the formation of a homeowner's association which shall be anon-profit corporation.
Such corporation shall be required to hold title to all common areas as defined and
provided herein. The name of such non-profit corporation shall be "Forest Ridge
Homeowner's Association," and shall be referred to herein as "Association". Said
Association shall be governed and managed by its Committee of Directors, which shall
be elected by its members in accordance with and for such terms as may be provided in
its Articles of Incorporation and By-Laws; however, control of the number of directors
and the membership of said Committee of Directors shall be retained by Developer until
(i) Developer ceases to be the record owner of any unit or Lot within the Subdivision or
(ii) the date on which Developer relinquishes its right to the members of the Association
to determine the number of directors and to elect directors, whichever event shall occur
first.
Section 3.2 Authority of Association. The Association shall have such
objects, purposes and powers as provided in the Articles of Incorporation and shall,
Filed in Moore County Probate Court on _
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among other things, own, maintain, service, repair and replace if necessary, all Common
Areas as defined herein. Rules and regulations for the use thereof, shall be adopted in
accordance with the terms and conditions of the Articles of Incorporation of the
Association and Bylaws adopted by Association. The Association shall have the
obligation of collecting all assessments, maintaining and investing all funds, including
reserve funds, maintaining appropriate accounting records therefor in accordance with
generally accepted accounting principles and paying all expenses in connection with its
maintenance, repair and replacement obligations. The Association shall obtain insurance
coverage as required by this Declaration.
Section 3.3 Membership. Every owner of a Lot shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment.
Section 3.4 Classes of Membership. The Association shall have two (2)
classes of voting membership:
Class A. Class A members shall be all Owners with the exception of the Developer
(who shall become a Class A member as provided hereafter) and shall be entitled to one
(1) vote for each Lot owned. When more than one person holds an interest in any Lot, all
such persons shall be members. The vote for such a Lot shall be exercised as they among
themselves determine, but in no event shall more than one (1) vote be cast with respect to
any Lot. No fractional votes may be cast by co-Owners. Any dispute as to ownership
shall be decided by the Association.
Class B. Class B members shall be Developer and shall be entitled to three (3) votes for
each Lot owned. The Class B membership shall cease and be converted to Class A
membership upon the happening of either of the following events, whichever occurs
earlier (a) when Developer ceases to be the record owner of any unit or Lot within the
Subdivision, or (b) the date on which Developer relinquished its right under Class B
membership herein.
From and after the happening of these events, whichever occurs earlier, the Class B
member shall be deemed to be a Class A member entitled to one (1) vote for each Lot
which is owned by said Class B member. The Developer shall not exercise its voting
rights granted to it under this Article in an unreasonable manner nor in such a way as to
cause undue hardship upon any Owner. Likewise, Class A members shall not exercise
their voting rights granted to them in a manner as to hinder the Developer, in any manner,
in selling the Lots it has remaining, nor to affect any reservation or right of the Developer
contained herein, or elsewhere, so long as the Developer holds title to at least one Lot.
ARTICLE IV
COVENANT FOR SUBDIVISION MAINTENANCE ASSESSMENTS
Section 4.1 Creation of the Lien and Personal Obligation for Assessments. Each
Owner of any Lot by acceptance of any Deed therefor, whether or not it shall be so
Filed in Moore County Probate Court on _
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Receipt #

expressed in such Deed, is deemed to covenant and agree to pay the Association: (1)
annual assessments and (2) special assessments for capital improvements, such annual
and special assessments to be established and collected as hereinafter provided (annual
assessments and special assessments to be established and referred to hereinafter at times
collectively as "Assessments"), together with interest, costs and a reasonable attorney's
fee, shall be a continuing charge and lien on each Lot against which such fees, shall also
be the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall
not pass to his successors in title unless expressly assumed by them, but shall continue as
alien on the Lot until satisfied.
Section 4.2 Purpose of Assessments.
(a) The annual and special Assessments levied by the Association under this
Article IV shall be used exclusively to promote the recreation, health, safety and welfare
of the Owners, their invitees or licensees, and for the improvement and maintenance of
the Common Areas and any improvements situated thereon.
(b) Association's Insurance Obli ations. Association shall maintain in full
force and effect a comprehensive public liability insurance policy, in such amounts as the
Association, in its sole discretion, deems appropriate or desirable, insuring the
Association, its officers, directors, employees and managing agents and all Owners from
any liability in connection with any personal injury or property damage occasioned as a
result of the Association's operation, maintenance, repair or replacement of the Common
Areas, easements or other areas within the Subdivision for which Association has any
maintenance, repair or replacement responsibility and for any such liability arising out of
the use of such areas by Owners, their families, tenants, guests or invitees.
Section 4.3 Annual Assessment. Annual assessments shall be payable semi-
annually on January 1 and July 1 of each year, unless otherwise established by the
Committee of Directors.
(a) The Committee of Directors may establish the maximum annual assessment
under this Article IV may be increased each year by an amount no more than ten percent
(10%) above the potential maximum assessment for the previous year without a majority
vote of the Owners.
(b) From and after January 1 of the year immediately following the conveyance
of the first Lot to an Owner, the maximum annual assessment may be increased by more
than ten percent (10%) by a vote of two-thirds of each class of members who are voting
in person or by proxy at a meeting duly called for this purpose.
Section 4.4 Special Assessments for Subdivision Capital Improvements. In
addition to the annual assessments authorized above, the Association may levy, in any
assessment year, a special assessment under this Article IV for the purpose of defraying,
in whole or in part, the costs of any construction, reconstruction, repair or replacement of
Filed in Moore County Probate Court on
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an improvement upon the Common Areas, including fixtures and personal property
related thereto, provided that any such special assessment shall have the approval of not
less than two-thirds (2/3) of the votes of each class of members who are voting in person
or by proxy at a meeting duly called for this purpose.
Section 4.5 Notice and Ouorum for any Action Authorized Under Sections 4 3
and 4.4. Written notice of any meeting called for the purpose of taking any action
authorized under sections 4.3 or 4.4 shall be sent to all members not less than fifteen (15)
days nor more than thirty (30) days in advance of the meeting. At the first such meeting
called, the presence of members or of proxies entitled to cast fifty-one percent (51 %) of
all the votes of the membership shall constitute a quorum. If the required quorum is not
present, another second meeting may be called subject to the same notice requirement,
and the required quorum at the second meeting shall be one-half (1 /2) of the required
quorum at the preceding meeting. No subsequent meetings shall be held more than sixty
(60) days following the preceding meeting.
Section 4.6 Uniform Rate of Assessment. Both annual assessments and
special assessments under this Article IV shall be fixed at a uniform rate for all Lots in
the Subdivision.
Section 4.7 Annual Assessment Periods and Due Date. The annual Assessment
provided for herein shall commence as to all Lots on the first day of the month following
the conveyance of the first Lot to Owner. The first annual Assessment shall be assessed
according to the number of months remaining on the calendar year. The Committee of
Directors shall fix the amount of the annual Assessment against each Lot at least thirty
(30) days in advance of each annual Assessment period. Written notice of the annual
Assessment shall be sent to each owner subject thereto. The due date shall be established
by the Committee of Directors if other than as set forth herein. The Association shall,
upon demand and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the Assessments on a specified Lot have been paid. A
properly executed certificate of the Association as to the status of Assessments on a Lot
is binding upon the Association as of the date of its issuance.
Section 4.8 Effect on Nonpayment of Assessments - Remedies of the
Association. Any Assessment not paid within thirty (30) days after the due date shall
bear interest from the due date at the highest interest allowed by law. The Association
may bring an action at law against the Owner personally obligated to pay the same,
and/or foreclose the lien against the property in accordance with the laws of North
Carolina and applicable to the foreclosure of mortgages. No Owner may waive or
otherwise escape liability for the assessments provided for under this Article IV herein by
non-use of the Common Areas, or by sale or abandonment of his Lot. The Association
shall be entitled to foreclose its lien if it elects to do so and shall have the right to sell the
property at public outcry at the front door of the Courthouse of Moore County, North
Carolina in accordance with North Carolina Law. In a foreclosure action, the Association
shall have the right to bid as a stranger at the foreclosure sale and to acquire, hold,
mortgage and convey the same.
Filed in Moore County Probate Court on _
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Section 4.9 Subordination of the Lien to Mortgages of Record. Except as
otherwise provided by law, any lien of the Association for Assessments under this Article
IV recorded after the date of recordation of any mortgage shall be subordinate to the
mortgage on the Lot, and when the mortgagee or other purchaser of a Lot obtains title to
the Lot as a result of foreclosure of such mortgage, or, as a result of a deed given in lieu
of foreclosure, such acquirer of title and his successors and assigns shall not be liable for
the assessments by the Association pertaining to such Lot or chargeable to the former
owner of such Lot which became due prior to such acquisition of title, and such lien shall
be extinguished automatically upon the recording of the foreclosure deed or deed in lieu
of foreclosure. Such unpaid share of assessments together with interest, costs, and
attorney's fees, shall, however continue to be the personal obligation of the person who
was the Owner of the Lot at the time the assessment fell due. Any such sale or transfer
pursuant to a foreclosure shall not relieve the purchaser or transferee of a Lot from
liability for, nor the Lot so sold or transferred from the lien of any assessments thereafter
becoming due. Except as hereinabove provided, the sale or transfer of an interest in any
Lot shall not affect the assessment lien. Any such sale or transfer pursuant to a
foreclosure shall not relieve the purchaser or transferee of a Lot from liability for, nor the
Lot so sold or transferred from the lien of any assessments thereafter becoming due.
Except as hereinabove provided, the sale or transfer of an interest in any Lot shall not
affect the assessment lien. Any liens extinguished by the provisions of this Article shall
be reallocated and assessed against all Lots as a common expense.
Section 4.10 Assessment on Lots Owned by Developer. Notwithstanding any
of the other provisions of this Article IV, Developer shall not be required to pay any
annual or special assessments as provided herein as to any Lot which it owns.
ARTICLE V
ARCHITECTURAL CONTROL
Section 5.1 Architectural Control Committee Authority. No building, fence,
sign, wall, mailbox, sidewalks, or other structure or improvement of any nature
whatsoever shall be commenced, erected or maintained upon any Lot, nor shall any
exterior addition to or change or alteration thereof be made until the plans and
specifications showing the nature, kind, shape, height, materials, color and location of the
same in relation to surrounding structures and topography and compliance with the
Architectural Guidelines shall be approved in writing by the Architectural Control
Committee, or the Architectural Review Representative, selected by a majority vote of
the Architectural Control Committee. Detailed plans and specifications shall be
submitted to the Architectural Control Committee, or the Architectural Review
Representative in duplicate and written approval or disapproval shall be noted on both
sets of plans and specifications or by separate letter. In the event the Architectural
Control Committee, or the Architectural Review Representative, shall fail to approve or
disapprove such design and location within thirty (30) days after the plans and
specifications have been submitted to it, approval will not be required and this Article
Filed in Moore County Probate Court on _
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Receipt #

will be deemed to have been fully complied with. So long as Developer is the record
owner of any Lot in the subdivision, Developer shall have the exclusive right to appoint
all members of the committee, and all such members shall serve at the pleasure of the
Developer. At such time as Developer ceases to own any Lots in the subdivision or any
future phase thereof or at such other time as Developer in its own discretion deems
appropriate, Developer shall relinquish the exclusive right to appoint all members to the
Architectural Control Committee. After Developer relinquishes the right to appoint
members to the Architectural Control Committee, then such committee shall be
comprised of three (3) members, one of whom shall be designated annually by the
Association. The first three members appointed by the Association shall have a term of
one year, two years and three years each respectively. The initial members appointed by
the Association shall serve varying terms so as to achieve staggered terms and continuity
of membership of such committee.
Section 5.2 When a building or other structure has been erected or its
construction substantially advanced and the building is located on any Lot in a manner
that constitutes a violation of these covenants and restrictions or the building setback
lines shown on the recorded Plat, or this Declaration, the Architectural Control
Committee or the Architectural Review Representative may release the Lot, or parts of it,
from any part of the covenants and restrictions, or setback lines, that are violated. The
Architectural Control Committee, or the Architectural Review Representative, shall not
give such a release except for a violation that it determines to be a minor or insubstantial
violation in its sole discretion.
ARTICLE VI
BUILDING SETBACK LINES AND CONSTRUCTION RESTRICTIONS
Section 6.1 Single Family Residence Purposes. No Lot in the Subdivision
shall be used except for single family residential purposes. Each residence must include
at least one single car enclosed garage.
Section 6.2 Minimum Square Footage. No dwelling shall be erected on
any Lot having a living area of less than 1,500 square feet of heated and cooled
living space. All square footages shall be exclusive of porches, carports or garages.
With exception, to approved developer designated areas of predetermined housing
construction concepts.
Section 6.3 Setback Lines. No residential structure shall be erected on
any Lot in the Subdivision which does not conform to the setback lines as
determined by government entities and/or Forest Ridge developers.
Section 6.4 Building Materials. All construction and building material are
to be approved by the Architectural Review Committee. Materials are to be of new
origin and not relocated from alternate sites.
Filed in Moore County Probate Court on , _
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Section 6.5 Landscaping and Construction Requirements: Minimum
landscaping requirements to include the front and side yard of each residence to be solid
turf and shrubbery, plants, flowers and combination of to be installed to the front of the
residence no less than the width of the dwelling. Pine Needles covered are allowed if at
the approval and maintained at a standard of the Architectural Review Committee.
Landscaping is required to be completed prior to building occupancy. The Owner of
each Lot shall, with respect to construction or other land-disturbance activity on
such Lot, be responsible for taking such measures as are required by the North
Carolina Department of Environmental Management ("ADEM") and applicable
laws and regulations related to preventing sediment or other pollutants and storm
water run-off from leaving the construction site or associated areas. Immediate
measures to control sediment include use of such silt fences, staked hay bale rows,
netting or mesh, rock filter check dams, etc. If necessary small catch basins shall be
constructed to control sediment run-off. Immediate measures to control erosion
include applying hay mulch, seeding with a temporary grass mix, hydro-seeding,
reducing slopes, netting or mesh, cover with gravel or rock, etc. Long-term
measures such as property grading and permanent revegetation shall be done as
soon as possible.
Section 6.6 Clearing Restrictions: It is the intention of the Declarant to
maintain a "no clear zone" around the perimeter of Forest Ridge. The "no clear zone"
buffer shall be twenty (20) feet in depth along the rear of all exterior Lot boundary lines
(Lots 1 -20). Owners may at their discretion thin and clear brush or other vegetation
within the "no clear zone" measuring less than three (3") inches in diameter. Any other
vegetation measuring larger than three (3") inches in diameter shall not be cut down or
removed from the "no clear zone" without prior written approval of the Architectural
Review Committee after the submission of a written clearing proposal by the Lot Owner.
Any areas not within the designated "no clear zone" may be thinned, treed, or planted as
desired by the Owner.
ARTICLE VII
GENERAL RESTRICTIONS
Section 7.1 No exploration or drilling for oil, gas or other minerals shall be
permitted or allowed on any Lot in said subdivision and no Lot shall be sued or
maintained as a dumping ground for rubbish, trash, garbage or other waste.
Section 7.2 No noxious or offensive trade or activity shall be carried on or
maintained on any Lot in the Subdivision nor shall anything be done thereon which may
be or become an annoyance or nuisance to the neighborhood.
Section 7.3 No mobile living facility or structure of a temporary character
shall ever be used as a residence or placed on any Lot. However, Developer may use
a mobile home or temporary structure as a construction or sates office.
Filed in Moore County Probate Court on , _
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Section 7.4 Trash, garbage, or other waste shall not be kept except in sanitary
containers.
Section 7.5 All structures, improvements, yards, driveways, and landscaping
must be diligently and properly maintained in a neat and sanitary condition so as to
secure the aesthetics of the Subdivision.
Section 7.6 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 purpose. In no event shall
more than four household pets be kept on any Lot at any one time.
Section 7.7 No sign of any kind shall be displayed to the public view on any
Lot except one sign of not more than 18"x 24" advertising the property for sale or rent, or
signs used by a builder to advertise the property during the construction and sales period;
provided, however Developer and its appointed real estate agent may erect a sign not
exceeding four feet in height by eight feet in width as to the dimensions of the sign on
any Lot which it owns.
Section 7.8 No fence or wall shall be erected on the street frontage of any Lot
or the front of the Lot line unless an exception based on desirable architectural effect is
obtained from the Architectural Control Committee or the Architectural Review
Representative. No fence may be constructed on any Lot until the design, location,
height, materials used for construction, and the color of the fence have been approved in
writing by the Architectural Control Committee or the Architectural Review
Representative based on aesthetics, harmony with existing structures, topography,
integrity of construction, requirements for uninterrupted storm water drainage, and access
requirements for construction of dwellings on adjoining property and/or maintenance of
existing dwellings on adjoining property. Based on the foregoing considerations, the
Architectural Control Committee or the Architectural Review Representative may impose
certain requirements, as a condition of approving such fence, as the Architectural Control
Committee and Architectural Review Representative deem appropriate. Provided,
however, that an acceptable fence, not requiring advance approval for construction is a
six (6') foot wooden privacy fencing with the finished side facing the street. It is
provided further that such fencing must be located no closer to the front of the house
than one-half (1 /2) the distance between the front and the rear of the house and may
extend to the rear of the Lot.
Section 7.9 Utility, drainage, or other easements shall not be fenced in any
manner that will prohibit access and use. Drainage easements shall not be obstructed in
any way that will alter the natural and normal flow of drainage.
Section 7.10 No one shall change the natural contours of the land causing undue
and harmful flow of surface water draining to adjoining property owners. In order to
facilitate natural surface water drainage, it may be necessary for the Developer to contour
Filed in Moore County Probate Court on _
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each building Lot to provide a continuous drainage pattern from Lot to Lot within the
Subdivision. These drainage patterns shall not be altered.
Section 7.11 No outside clothes lines visible from the street or adjacent property
or other items detrimental to the appearance of the Subdivision shall be permitted on any
Lot.
Section 7.12 No satellite dishes or satellite reception equipment shall be
permitted in the Subdivision, unless the satellite reception equipment is not larger than
twenty (20) inches in diameter. Then such equipment may be attached directly to or
under the overhanging caves of a house, provided that such equipment is not attached to
the front of the house, and provided that if such equipment is placed on the side of the
house, it shall be located no closer to the front of the house than one-half (1/2) the
distance between the front and the rear of the house.
Section 7.13 No boats, trailers, motor homes, campers, or other recreational
vehicles shall be parked on any Lot in the subdivision unless done in such a manner as to
not be visible from the street. No boat twenty-six (26) feet in length or larger may be
kept on a Lot and all smaller boats must be kept on trailers in the rear of the yard and not
visible from the street, or within a garage.
Section 7.14 Outdoor storage buildings may be constructed on Lots provided
plans are submitted and approved by the Architectural Control Committee. Storage
buildings must be of similar design and construction as the home on the Lot where
construction is proposed.
Section 7.15 No abandoned vehicles or vehicles without current valid
registration or licenses shall be kept or stored on any Lot in such manner as to be a health
hazard, a safety hazard, or create an annoyance, or nuisance to the neighborhood and no
such abandoned or unlicensed vehicles shall be permitted on any Lot unless garaged or
kept on a driveway or parking pad in the rear yard of such Lot and screened in such a
manner as not to be visible from adjacent Lots or from any streets. All other vehicles
must be parked on driveways or parking pads. No vehicles shall be parked on grass
yards. No trucks, trailers, vans, commercial vehicles or other vehicles shall be parked on
any Lot in any manner to create a neighborhood nuisance or impede other Lot Owners
from the use and enjoyment of their Lots, except for the use by Developer or other
builders during construction and development.
ARTICLE VIII
GENERAL PROVISIONS
Section 8.1 Enforcement. The Association, or any Owner, shall have the right
to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association, or any Owner, to enforce any covenant or
Filed in Moore County Probate Court on _
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restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Section 8.2 Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provision which
shall remain in full force and effect.
Section 8.3:A Duration and Amendment. The covenants and restrictions of this
Declaration shall run with and bind the land for a term of twenty (20) years from the date
this Declaration is recorded, after which time they shall be automatically extended for
successive periods of ten (10) years. After Developer has completed construction of
homes on all Lots within the Subdivision and any future phase thereof, or has closed the
sale of all Lots therein, this Declaration may be amended at any time by a document
signed by the then owners of two-thirds (2/3) of the Lots agreeing to change these
covenants in whole or in part which has been recorded in the public records of Moore
County, North Carolina; and provided that any amendment to Section 2.3 Conservation
Areas cannot be made without the express written consent of the U.S. Army Corps of
Engineers, Wilmington District.
Section 8.4 FHA/VA Ap rp oval. As long as there is a Class B membership,
the following actions will require the prior approval of the Federal Housing
Administration and/or the Veterans Administration: Annexation of addition properties,
dedication of Common Area, and amendment of this Declaration.
Section 8.5 Amendments by Developer. Until such time as Developer, its
successors and assigns, has completed the construction of homes on all Lots within
Subdivision or the closing of the sale of all such Lots within the Subdivision, whichever
is last to occur, the Developer herein expressly reserves until itself the sole and unilateral
right to amend, modify, change, cancel or annul this Declaration, in whole or in part, at
any time during the pendency or term of the same as existing, or as the same may be
amended, modified, changed, cancelled or annulled by Developer in accordance with the
foregoing provisions. This Declaration may be so changed, modified, amended, altered
or terminated solely and unilaterally by the recording in the records of the Office of the
Judge of Probate of Moore County, North Carolina of a written instrument duly executed
by Developer, its successors or assigns which purports to have changed, modified,
amended, altered or terminated this Declaration. It is expressly reserved and stipulated
herein that such action as may be taken by Developer in accordance with the foregoing
authority and power and may result in all or any part of this Declaration as existing or as
may be changed, modified, amended or altered being either more or less restrictive or
burdensome than the foregoing restrictions contained herein. It is further stipulated and
reserved herein that Developer may at any time waive all or any part of this Declaration
as set forth herein. Developer may also include in any contract or deed hereinafter
entered into or delivered such modifications and/or additions to this Declaration which,
by their nature, have the effect of raising the standards of the Subdivision.
Filed in Moore County Probate Court on , _
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Section 8.6 Effect of Acceptance of Ownership of Lot. All future owners of
any Lot or Lots subject to this Declaration, shall by virtue of the acceptance of the
conveyance or other transfer of any interest in or title to such Lot or Lots or the execution
of a contract for the purchase thereof, whether from Developer or any subsequent Owner
of such Lot or Lots, shall be deemed to have accepted such conveyance or transfer or
other contract subject to each and all of this Declaration and to have agreed to be bound
by all of the terms and conditions of thereof, whether or not such Declaration has been
referenced in any written instrument.
IN WITNESS WHEREOF, the Developer has executed this Declaration of
Covenants, Conditions and Restrictions for Forest Ridge, a Subdivision this day of
200
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF: DEVELOPER:
FOREST RIDGE, LLC
A North Carolina limited liability company
NAME: By:
Its:
STATE OF NORTH CAROLINA
COUNTY OF MOORE
I, the undersigned authority in and for said state and county, hereby certify that E. Bradford Ladd, Jr.,
whose name as Administrative Member of FOREST CREEK, LLC, a North Carolina limited liability
company, is signed to the foregoing instrument and who is known to me, acknowledged before me on this
day, that being informed of the contents of the instrument he, as such and
with full authority, executed the same voluntarily for and as the act of said corporation on the day the same
bears date.
Given under my hand and notarial seal this the day of , 2005.
Notary Public, Moore County, North Carolina
My Commission Expires:
Filed in Moore County Probate Court on
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__ _ _
/~uۥ11. 2001 11~OOAM IPC Industries
,,
BOWATER TI1~~ER I, L.L.C.
' POST OFFICE BOY 13u4
MOBILE, AT,ARAMA 36633
August 17, 2007
Via Facsimile to: 910-893-3594
Krisssina Newcomb
~1a1 Owen & Associates, Inc„
P. O. Box 400
Lillington, NC 2754Ei-0400
Dear Kris:
No•9010 P. 2
This Letter is a statement of our intent to encumber Lots 7 -11 and Lots 23 - 39 in the
proposed Forest Ridge Subdivision in Carthage, North Carolina, with deed notifications
substantively conforming with the sample attached hereto.,
Tf you need any additional information, please feel free to call me at 251-438-414Q~,
Extension 13.
Thank you for your assistance.
BOWATER TIMBER Z, TIC.,.
By: TPC Industries,
By:
Henry~0'Connor III
Chief Operating Officer
Received Time Auo,17. 10:56AM

~~~u~•11. 2001 11:OOAM IPC Industries
Date.:
COMPLIANCE WITH WETLAND 8~ BUFFER REGULATIONS
No.9010 P. 3
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the __. , _ _ _ County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled ... (insert subdivision name) prepared by _ _
(insert name of designer) dated date;
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intont of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them"..
Signature
Owner's name
Address;
City, State. Zip Code
Phone Number..
,a
Received Time Aug. 17. 10:56AM

Forest Ridge - Imperv~~us Area Calculations
Friday, March 02, 2007
Phase 1
Total 13.80 Acres
Road Area 1.42 Acres
# of Lots 17.00
Avg. lot Coverage 5,000 SF
Total Lot Coverage 1.95 Acres
Impervious Area 3.37 Acres
13.80 Acres
24.43
Phase 2
Total 21.99 Acres
Road Area 1.05 Acres
# of Lots 21.00
Avg. lot Coverage 5,000 SF
Total Lot Coverage 2.41 Acres
Impervious Area 3.46 Acres
21.99 Acres
15.74%
Total PH1 & PH2
Total 35.79 Acres
Road Area 2.47 Acres
# of Lots 38.00
Avg. lot Coverage 5,000 SF
Total Lot Coverage 4.36 Acres
Impervious Area 6.83 Acres
35.79. Acres
19.09%