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HomeMy WebLinkAboutSW3221001_Recorded Document_202210063758 ee37 sox3758 m-E 37 012021 CABARRUS COUNTY MC FILED 04/10/2002 0:25 AN LINO F. KCABEE Rogi n�vtputy/Azzt. s By. EXCISE TAX $1158.00 Excise Tax $1,158.00 Recording Time, Book and Page Tax Lot No. 08023-022.0 Parcel Identifier No. Verified by County on the day of by fMeet after recording to: . � n This instrument prepared by''' Patricia W. Nystrom, Attorney Brief Description for the Index: 85.47 Acres, #8 Township NORTH CAROLINA GENERAL WARRANTY DEED This Deed made this GRANTOR(S) of April , 2002 , by and between: MCALLISTER LAND, LLC, a North Carolina Limited Liability Company GRANTEE(S) EC13, LLC, a North Carolina limited liability company The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land situated in the City of #8 Township, Cabarrus County, North Carolina, and more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof 3758 0038 ` 64im3758 wi 38 The property hereinabove described was acquired by Grantor by instrument recorded in Book 3458 at Page 1 A map showing the above described property is recorded in Plat Book at Page TO HAVE AND TO HOLD the aforesaid lot or parcel or land and all privileges and appurtenances thereto belonging to the\ Grantee in fee simple. And the Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Restrictions and easements of record, if any; 2. Zoning ordinances, if any; 3. Matters as shown on the survey prepared by Rodrick Allen Sutton dated November 17, 1995 referenced in Exhibit "A" attached hereto; 4. Easement(s) to Duke Power Company recorded in Book 256 at Page 103 and in Book 283 at Page 351, Cabarrus County Registry; 5. Easement(s) to State Highway and Public Works Commission recorded in Book 250 at Page 601, Cabarrus County Registry; 6. Easement(s) to Cold Water Power and Light Company recorded in Book 134 at Page 252, Cabarrus County Registry; 7. Right(s) of way of NC Highway 49 and NC Highway 73; 8. Easement(s) for public/private utilities; and 9. Subject to ad valorem taxes for the current year, which have been prorated between Grantor and Grantee and which Grantee hereby assumes. IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. MCALLISTER LAND, LLC, a North Carolina Limited Liability Company By: Ge a McAllister, Manager Bv:/�- Lary Bikle McAllis , Ma ager 3758 0039 ` Iwa -3758 rs,; 39 6aQ.y STATE OF NORTH CAROLINA - COUNTY OFtIOAR+?HS } I, Tiggji k Ttnki)S , a Notary Public of said County and State, certify that GEORGE F. McALLISTER personally came before me this day and acknowledged that he/she/they is/are the Manager of MCALLISTER LAND, LLC , a North Carolina Limited Liability Company, and that he/she/they, as said Manager , being authorized to do so, executed the foregoing instrument on behalf of said entity. WITNESS my hagd and official seal this the 9 day of April , 2002. A^R Notary Public v40 �: •'��� ri'• • z, _ My Commission Expires: STATE OF NORTH CAROLINA - COUNTY OF I�d�ae it i I, at&j K, Jenk,14s a Notary Public of said County and State, certify that . LARRY BIKLE McALLISTER , personally came before me this day and acknowledged that he/she/they is/are the Manager of MCALLISTER LAND, LLC , a North Carolina Limited Liability Company, and that he/shelthey, as said Manager , being authorized to do so, executed the foregoing instrument on behalf of said entity. WITNESS my hand and official seal this the T"" day of April Notary Publi My Commission Expires: j4w/ A&4 NORTH CAROLINA — CABARRUS COUNTY The foregoing (or annexed) certificate(s) of S -�; tti a notary public, 1;6(are) certified to be correct. This the 1D � day of LINDA E McABEE, REGISTER OF DEEDS by: _ tom, _ z A59.71)eputy 3758 0040 1}=3758 ea 40 EXHIBIT "A" BEGINNING at an existing %" rebar in the northern margin of NC Highway 49 (a 100-foot North Carolina Department of Transportation right-of-way), said point being the southwestern corner of property owned now or formerly by Edith R. Austin as described in a deed recorded in Book 322 at Page 242, Cabarrus Public Registry; thence with the northern margin of said NC Highway 49 South 64' 19' 31" West 1,229.07 feet to a point marking the southeastern corner of property now or formerly owned by John Ray Nobles Jr. as described in a deed recorded in Book 521 at Page 561, Cabarrus Public Registry; thence with the boundary lines of said Nobles property the following two courses and distances: (1) North 40' 35' 38" West 386.84 feet to an existing 20" black gum tree; (2) South 30' 08' 54" West 704.78 feet to an existing 3/4" rebar (said rebar being North 62' 53' 32" West 97.81 feet from a NCDOT concrete right-of-way monument in the southern margin of said NC Highway 49); thence South 71' 42' 06" West 172.23 feet to a set '/2" rebar located in the northern margin of said NC Highway 49 and marking the eastern corner of property now or formerly owned by Steve Cochrane as described in a deed recorded in Book 354 at Page 88 and in Book 334 at Page 93, Cabarrus Public Registry; thence with the common boundary lines of said Cochrane, the following four courses and distances: (1) North 40' 41' 45" West 92.20 feet to a point; (2) North 830 41' 53" West 26.13 feet to an existing 3/4" rebar; (3) North 83' 41' 53" West 75.87 feet to an existing 3/4" pipe; (4) North 70' 36' 39" West 183.92 feet to an existing 3/4" rebar, marking the easternmost corner of property owned now or formerly by Ethelyn C. Smith Hegele as described in a deed recorded in Book 719 at Page 90, Cabarrus Public Registry; thence with the common boundary lines of said Hegele the following four courses and distances: (1) North 70° 36' 39" West 228.33 feet to a point; (2) North 16' 14' 19" West 144.53 feet to a point; (3) North 07' 41' 37" East 219.63 feet to a point; (4) North 07' 22' 22" East 296.24 feet to a point marking the southeastern corner of property owned now or formerly by J. Archie A. Smith Jr. as described in a deed recorded in Book 719 at Page 86, Cabarrus Public Registry; thence with the common boundary lines of said Smith, the following four courses and distances: (1) North 09' 25' 38" East 227.42 feet to a point; (2) North 04° 37' 53" West 230.23 feet to a point; (3) North 00' 54' 47" West 307.21 feet to a point; (4) North 04' 27' 54" East 186.98 feet to a point marking the southeastern corner of property owned now or formerly by Jeffrey C. Ritchie as described in a deed recorded in Book 528 at Page 432, Cabarrus Public Registry; thence with the common boundary lines of said Ritchie, the following three courses and distances: (1) North 12' 30' 14" East 250.94 feet to a point; (2) North 67' 02' 14" East 183.48 feet to a point; (3) North 60° 34' 14" East 95.64 feet to a point in the southern margin of NC Highway 73 (a 100-foot North Carolina Department of Transportation right-of-way); thence North 20° 07' 14" East 168.03 feet (crossing an existing p.k. centerline marker at 55.89 feet); thence North 15° 34' 18" East 112.80 feet to a point in the southern boundary line of property known as Lot 22 of Misenheimer Estate; thence with the southern boundary line of said Misenheimer Estate the following five courses and distances: (1) South 82' 18' 57" East 404.91 feet to an existing %Z" iron rod, (2) South 80° 12' 40" East 400.81 feet to an existing '/z" iron rod, (3) South 77° 19' 02" East 150.05 feet to an existing axle, (4) South 76° 01' 39" East 150.58 feet to an existing %Z" iron rod, (5) South 69° 03' 25" East 170.40 feet to a set '/2" rebar located in the northern margin of said NC Highway 73; thence crossing said NC Highway 73 and along the western boundary of property owned now or formerly by Ruth B. Hyman as described in a deed recorded in Book 265 at Page 157, Cabarrus Public 3758 Boar 3758 am 41 0041 Registry, South 130 59' 52" West 595.51 feet to an existing 1/4 " rebar in a hedge row marking the southwestern corner of said Hyman; thence with the southern boundary line of said Hyman, South 72° 28' 08" East 200.00 feet to an existing 1" iron rod located in the western boundary line of property owned now or formerly by Vara A. Goodman as described in a deed recorded in Book 311 at Page 64, Cabarrus Public Registry; thence with the western boundary line of said Goodman, South 130 59' 52" West 69.18 feet to an existing axle; thence with the common boundary lines of said Goodman, property owned now or formerly by D. J. Honeycutt as described in a deed recorded in Book 320 at Page 90, property owned now or formerly by Robert M. McAllister as described in a deed recorded in Book 530 at Page 52 and a deed recorded in Book 823 at Page 68, Cabarrus Public Registry, South 71 ° 10' 12" East 635.67 feet to an existing '/2" disturbed pin, marking the northwestern corner of property owned now or formerly by the said Edith R. Austin; thence with the common boundary lines of said Austin, the following two courses and distances: (1) South 17' 00' 13" West 141.96 feet to an existing bolt, (2) South 29° 39' 47" East 281.58 feet to an existing 1/2 " rebar, the point and place of Beginning. CONTAINING 85.47 acres, more or less, according to a survey prepared for Annie F. McAllister by Rodrick Allen Sutton, RLS, dated November 7a`, 1995. 15826 0316 Prepared by and return to: Law Offices of Robert M. Critz, P.A. P.O. Box 745, Concord, NC 28026-0745 File #28896-C FILED CABARRUS COUNTY NC WAYNE NIXON REGISTER OF DEEDS FILED Feb 03, 2022 AT 12:39 pm BOOK 15826 START PAGE 0316 END PAGE 0321 INSTRUMENT # 03941 EXCISE TAX $1,888.00 BJW PIN: p/o 5660-56-4096; p/o 5660-56-6785; p/o 5660-56-8647; and p/o PIN 5660-56-9681 Revenue Stamps: $1,888.00 NORTH CAROLINA SPECIAL WARRANTY DEED CABARRUS COUNTY THIS SPECIAL WARRANTY DEED, made this Is' day of February, 2022, by and between ECB, LLC, a North Carolina limited liability company, whose mailing address 12416 Kluttz Road, Gold Hill, North Carolina 28071, Grantor, and NIBLOCK-ECB DEVELOPMENT PHASE 1, LLC, a North Carolina limited liability company, whose mailing address is 759 Concord Parkway North, Suite 20, Concord, North Carolina 28027, Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain tract or parcel of land, more particularly described as follows: 15826 0317 Lying and being in the Town of Mt. Pleasant, No. 8 Township, Cabarrus County, North Carolina, on the north side and the south side of the right-of-way of N.C. Highway 73 (variable public right-of-way) and adjoining the property of Donald E. Broome and Rodney Mark Broome (Book 293, Page 122), George F. McAllister (Book 8165, Page 142), Barry Gwynn Little (Book 12455, Page 152), and Jeffrey C. Ritchie (Book 528, Page 432) and being a part of the property of EBC, LLC (Book 3758, Page 37, Book 8179, Page 2, Book 8135, Page 21, and Book 8177, Page 282), and being more particularly described as follows: BEGINNING at a calculated point, said point being located within the right- of-way of NC Highway 73 said point being a common corner of Broome and runs thence eight (8) courses and distances within the right-of-way of NC Highway 73, as follows: (1) S. 81-31-45 E., passing a 5/8" rebar on line at 35.86 feet for a total of 741.72 feet to a calculated point; thence (2) with a curve to the right having a radius of 1740.36 feet, an arc of 368.68 feet and a chord bearing and distance of S. 75-27-38 E. 367.99 feet to a calculated point; thence (3) S. 69-23-32 E.158.95 feet to a calculated point; thence (4) S. 14-11-45 W. 3.18 feet to a calculated point; thence (5) S. 72-16-56 E. 199.92 feet to a calculated point; thence (6) S. 14-08-48 W. 9.03 feet to a calculated point; thence (7) S. 68-49-58 E. 151.00 feet to a calculated point; and thence (8) S. 14- 11-02 W. 22.17 feet to a calculated point, said point being located on the southern right-of-way of NC Highway 73 (Variable Public R/W); thence three (3) courses and distances with the southern right-of-way of NC Highway 73, as follows: (1) S. 67-59- 32 E. 84.41 feet to a calculated point; thence (2) S. 22-00-28 W. 45.46 feet to a calculated point; and thence (3) S. 67-59-18 E. 73.20 feet to a calculated point, said point being a common corner with McAllister; thence leaving said road and with the property of McAllister, S. 14-11-15 W. 308.69 feet to a calculated point, said point being a common corner with ECB, LLC (Book 8177, Page 282); thence two'(2) courses and distances through the property of ECB, LLC (Book 8177, Page 282 and Book 8185, Page 21), as follows: (1) N. 72-55-26 W. 234.26 feet to a calculated point; and thence (2) S. 21-01-01 W. 186.51 feet to a calculated point; thence twenty-one (21) courses and distances through the property of ECB, LLC (Book 8179, Page 2 and Book 3758, Page 37), as follows: (1) N. 76-16-58 W. 106.14 feet to a calculated point; thence (2) with a curve to the left, having a radius of 20.00 feet, an arc of 35.76 feet and a chord bearing and distance of S. 52-29-18 W. 31.19 feet to a calculated point; thence (3) S. 01-15-33 W. 11.20 feet to a calculated point; thence (4) N. 88-44-27 W. 50.00 feet to a calculated point; thence (5) N. 01-15-33 E. 11.76 feet to a calculated point; thence (6) with a curve to the right, having a radius of 275.00 feet, an arc of 20.50 feet and a chord bearing and distance of N. 03-23-42 E. 20.50 feet to a calculated point; thence (7) with a curve to the left having a radius of 20.00 feet, an arc of 5.51 feet and a chord bearing and distance of N. 02-21-30 W. 5.49 feet to a calculated point; thence (8) N. 88-44-27 W. 270.42 feet to a calculated point; thence (9) N. 01-15-33 E. 2.76 feet to a calculated point; thence (10) N. 88-44-27 W. 185.00 feet to a calculated point; thence (11) N. 01-15-33 E. 20.89 feet to a calculated point; thence (12) N. 88-44- 27 W. 185.00 feet to a calculated point; thence (13) S. 01-15-33 W. 6.00 feet to a calculated point; thence (14) N. 88-44-27 W. 110.00 feet to a calculated point; thence (15) S. 01-15-33 W. 45.00 feet to a calculated point; thence (16) N. 88-44-27 W. 300.00 feet to a calculated point; thence (17) N. 01-15-33 E. 52.00 feet to a calculated point; thence (18) N. 88-44-27 W. 210.17 feet to a calculated point; thence (19) N. 02-39-58 E. 36.54 feet to a calculated point; thence (20) N. 87-20-02 W. 145.00 feet to a calculated point; and thence (21) N. 89-10-07 W. 154.84 feet to a calculated point located in McAllister Creek and in the line of Little; thence four (4) courses and NA 15826 0318 distances within McAllister Creek, as follows: (1) N. 04-27-54 E. 186.98 feet to a calculated point, corner of Little and Ritchie; thence (2) N. 12-30-14 E. 250.94 feet to a calculated point; thence (3) N. 67-02-14 E. 183.48 feet to a calculated point; and thence (4) N. 60-34-14 E. 95.64 feet to a calculated point; thence leaving said creek three (3) courses and distances with the line of Broome, as follows: (1) N. 60-34-14 E. 95.64 feet to a calculated point; thence (2) N. 20-07-14 E. 55.89 feet to a calculated point; and thence (3) N. 21-32-06 E. 191.35 feet to the POINT AND PLACE OF BEGINNING, containing 30.940 AC, more or less, as shown on that survey by Scott R. Dyer, PLS, dated October 22, 2021 (the "Property"). RESERVING UNTO GRANTOR, its successors and assigns: 1. A non-exclusive perpetual right-of-way, or easement, for the inspection, operation, maintenance, repair and replacement of sidewalks, sanitary sewer lines(s), water lines(s), water meter(s), storm sewer line(s) and private storm drainage area(s), together with related facilities and installations necessary for such use(s), with the right to keep clear of said area any obstructions that may hinder the proper use of the same for said purposes, and with the right of vehicular and pedestrian ingress, egress, and regress to and from N.C. Highway 73, and being located over, under, upon and/or through the property of EBC, LLC (PIN No. 5560- 56-4096), as hereinafter described: To find the true point of BEGINNING, begin at a calculated point, said point being located within the right-of-way of NC Highway 73 said point being a common corner of Broome and runs thence three (3) courses and distances within the right-of- way of NC Highway 73, as follows: (1) 84-54-35 E. 75.27 feet to a 5/8" rebar; (2) N. 85-38-25 E. 270.94 feet to a found 5/8" rebar; and thence (3) N. 84-25-08 E. 253.04 feet to a calculated point, the TRUE POINT OF BEGINNING and runs thence nine (9) courses and distances through the property of EBC, LLC (Book 3758, Page 37), as follows: (1) S. 01-15-33 W. 207.82 feet to a computed point; thence (2) N. 88-44-27 E. 10.00 feet to a computed point; thence (3) S. 01-15-33 W. 454.00 feet to a computed point; thence (4) S. 88-44-27 E. 50.00 feet to a computed point; thence (5) N. 01-15-33 E. 454.00 feet to a computed point; thence (6) S. 88-44-27 E. 10.00 feet to a computed point; thence (7) N. 01-15-33 E. 206.47 feet to a computed point; thence (8) N. 87-14- 38 W. 51.88 feet to a computed point; and thence (9) N. 88-43-41 W. 18.44 feet to the point of BEGINNING, containing 0.854 acres, more or less, and as shown as Variable R/W for Ingress, Egress)& Regress on that survey by Scott R. Dyer, PLS, dated October 22, 2021. 2. A non-exclusive right-of-way, for purposes of ingress, egress, and regress, over and upon all roads to be built upon the Property, and/or over and upon all roads as shown on any subsequent recorded map(s) or plat(s) of the Property, subject to the right of the Grantee to alter any road or road system if required by applicable governmental authorities or by sound engineering/developmental strategies employed by Grantee. Provided, however, that until a map, or maps, of the Property are recorded in the Cabarrus County Registry reflecting roadways [adequate in width and specifications acceptable to the North Carolina Department of Transportation ("NCDOT")] that provide Grantor with title insurable, legal access (the "Access") to Grantor's property remaining after the conveyance herein of the Property [again, as described in the deeds recorded in Book 3758, Page 37, Book 8179, Page 2, Book 8135, Page 21, and Book 8177, Page 282 (the collectively 15826 0319 "Remaining Property")], and/or roads are built to NCDOT specifications providing Access, Grantor shall have reserved hereby Access to the Remaining Property as if the Property had not been conveyed. Provided, further, that upon the recordation in the Cabarrus County Registry of a map, or maps, providing specific Access to the Remaining Property via a road system, it is agreed between the parties hereto that the preceding language, to wit: "as if the Property had not been conveyed", shall be removed from this reservation of right-of-way by and through an instrument denoting such, executed by the parties hereto, and likewise recorded in the Cabarrus County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor covenants with the Grantee that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: Ad valorem taxes for the current year and subsequent years, easements, restrictions, and any other exceptions of record, any local, county, state, or federal laws, ordinances, or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property, and matters that would be disclosed by a current survey and inspection of the aforesaid tract or parcel of land. 2. Investors Title Insurance Company Commitment No. 202112773CO/RC/03, Schedule B, Part II, exceptions, as follows: a. Taxes for the year 2022, and subsequent years, not yet due and payable. b. Title to that portion of the Land within the right-of-way of NC Highway 73. c. Easement(s) to State Highway and Public Works Commission recorded in Book 250 at Page 601, Cabarrus County Registry. d. Deed to the Department of Transportation recorded in Book 5173, at Page 111, Cabarrus County Registry. e. Memorandum of Action recorded in Book 5649, at Page 359, Cabarrus County Registry. f. Judgment recorded in Book 7378, at Page 107, Cabarrus County Registry. g. Drainage Easement in favor of the Department of Transportation recorded in Book 9197, at Page 118, Cabarrus County Registry. h. Right of way to Duke Power Company recorded in Book 256 at Page 103, Cabarrus County Registry. 0 15826 0320 i. Right of way to Duke Power Company recorded in Book 283 at Page 351, Cabarrus County Registry. j. Easement(s) to Cold Water Power and Light Company recorded in Book 134 at Page 252, Cabarrus County Registry. k. Easement(s) to Duke Power Company recorded in Book 256 at Page 102, Cabarrus County Registry. 1. Right of way to Duke Power Company recorded in Book 269 at Page 79, Cabarrus County Registry. in. Easement(s) to City of Concord recorded in Book 9988 at Page 34, Cabarrus County Registry. n. Plat of survey by R. Scott Dyer, PLS, dated 10/22/21, shows McAlister Creek, City of Concord Permanent Public Utility Easement, 100 Year Floodline, Public Maintenance Right of Way, Overhead Electric, and Variable Right of Ways located on the Land. o. Rights of others thereto entitled in and to the continued uninterrupted flow of McAlister Creek, located on the Land. p. Rights of others for ingress and egress purposes in and to the use of variable right of way located on the Land. IN TESTIMONY WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. ECB, LLC, a North Carolina limited liability company By: Clinton M. Black, II, Member/Manager By: Emmitt H. Black, Member/Manager 5 15826 0321 NORTH CAROLINA CABARRUSCOUNTY I, Suzanne H. Birmingham, a Notary Public in and for said State and County of Cabarrus, do hereby certify that Clinton M. Black, II, personally appeared before me this day and acknowledged that he is Member/Manager of ECB, LLC, a North Carolina limited liability company, and that he as Member/Manager, being authorized to do so, executed the foregoing on behalf of the company. Witness my hand and notarial seal, this the 1st day of February, 2022. NolPublic My Commission Expires: 12/6/2026 (Notary Seal) aSUZANNE K BIRIMA GHAMARY PUBLICRUS COUNTYH CAi§§OUNA NORTH CAROLINA CABARRUSCOUNTY I, Suzanne H. Birmingham, a Notary Public in and for said State and County of Cabarrus, do hereby certify that Emmitt H. Black personally appeared before me this day and acknowledged that he is Member/Manager of ECB, LLC, a North Carolina limited liability company, and that he as Member/Manager, being authorized to do so, executed the foregoing on behalf of the company. Witness my hand and notarial seal, this the 1st day of February, 2022. My Commission Expires: 12/6/2026 (Notary Seal) 0 NotarvV'ublic n,%IZMNEH. IRMI G HAM RY PUBLIC COUNTY H CAROUNA U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01090County: Cabarrus U.S.G.S. Quad: NC -Mount Pleasant GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Niblock Homes, LLC William Niblock Address: 759 Concord Parkway North, Suite 20 Concord, NC 28027 Telephone Number: 704-788-4818 E-mail: wniblo ck(aniblockhomes.com Size (acres) 85 Nearest Waterway Adams Creek USGS HUC 03040105 Nearest Town MountPleasant River Basin UuuerPeeDee Coordinates Latitude:35.4093 Longitude:-80.4601 Location description: Project is located Southwest of the co rner of NC-HWY 73 and NC-HWY 49 near the town of Mount Pleasant, North Carolina. PIN(s): 566-056-6785, 556-056-8674, 556-056-4096 Description of projects area and activity: This verification authorizes. 1) Permanent fill of 0.021 acres to Wetland C for Fill. 2) Permanent fill of 0.076 acres to Wetland B for Road/Sewerinstallation. 3) Temporary fill of 0.022 acres to Wetland A for Sewer ROW. Impacts to Wetland Awill be replanted with native vegetation after construction. Applicable Law(s): N Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 18: Minor Discharges SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your wo rk is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 6/7/2022, and the enclosed plans Brighton Park dated 5/1/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general perm it 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general perm it's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basisto modify, suspendorrevoke 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 Resources (telephone 919-807-6300) to determine Section401 requirements. For activities occurringwithin the twenty coastalcounties subj ectto regulation under the Coastal Area Management Act(CAMA), prior to beginningwork you must contactthe N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. 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 Kr ys &nka B Stygar at 252-545-0507or krystynka.b.stygarkusace.army.mil. Corps Regulatory Official: &TfJ Date: 7/26/2022 ExpirationDate of Verification: 3/14/2026 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 Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Mogensen Mitigation Inc Gerald Pottern Address: 104 East Chestnut Ave Wake Forest, NC 27587 Telephone Number: 919-556-8845 E-mail: geraldn.mogmit.com Property Owner: ECB LLC C1intBlack Address: 12416 klutz road Gold hill, nc 28071 Telephone Number: 704-662-3569 Action ID Number: SAW-2021-01090 County: Cabarrus Permittee: Niblock Homes, LLC, William Niblock Project Name: Brighton Park Subdivision Date Verification Issued: 7/26/2022 Project Manager: Krystynka B Stygar Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or krystynka.b.stygar@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Doc J. Envelope ID: 6F7EDF3D-6DCA 44AE-9043-F760C8D20E85 ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality July 22, 2022 LETTER OF APPROVAL WITH MODIFICATIONS Niblock Homes, LLC Attention: William Niblock, Authorized Signer 759 Concord Parkway N, Suite 20 Concord, North Carolina 28027 RE: Project Name: Brighton Park Subdivision Project ID: CABAR-2022-070 County: Cabarrus City: Concord Location: Highway 73, Mount Pleasant River Basin: Yadkin -Pee -Dee Stream Classification: Other Acres Approved: 77.0 Submitted By: Latham -Walters Engineering, Inc. Date Received by LQS: July 12, 2022 Plan Type: Revised Dear Mr. Niblock: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval with Modifications. The Modifications Required for Approval are listed on the attached page. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129, As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the�$160 annual permit fee. After the fee is processed, you will receive the COC via email As the Financially Responsible Party shown on the FRO form submitted for this project, you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCGO ov/NCGO L Please direct questions about the eNOI form to the Stomiwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC.. . Title 15A NCAC 4B .0118(a) and the NCGO 1 permit require that the following documbntation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. QX North Carolina Department of Environmental Quality . DiAsion of Energy, Mineral and Resources - Mooresville Reginal Office 1610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 704.663.1699 on�aam w e,�rmma,mi awury DocuSign Envelope ID: 6F7EDF3D-6DCA-44AE-9043-F760C8D20E85 Letter of Approval with Modifications Niblock Homes, LLC July 22, 2022 Page 2 of 3 2. The NCGO1 permit and the COC, once it is received. 3. Records of inspections made during the previous 30 days. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation -Pollution Control Act of M73 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated. Sincerely, EDocuSIgned by, A'A 42CFABFC6BBC459... Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality -Section - Enclosures: Certificate of.Approvall'". Modifications Required for Approval NCGO1 Fact Sheet c: Latham -Walters Engineering, Inc. Attention: Carlos Ruano 16507-A Northcross Drive Huntersville, North Carolina 28078 D North Carolina Department of Environmental Quality DiA'sion of Energy, Mineral and Resources Mooresville Reginal Office 1610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 na�rtw anar 704,663.1699 DocuSign Envelope ID: 6F7EDF3D-6DCA-44AE-9043-F760C8D20E85 Letter of Approval with Modifications Niblock Homes, LLC July 22, 2022 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Brighton Park Subdivision Project ID: CABAR-2022-070 County: Cabarrus Reviewed by: Kenny S. Llywelyn 1. Clearly Identify on one of the phases the lot development plan. Make a note or comment in the sequence expressing that all measures are to be installed and maintained during lot development phase. 2. Ensure all diversions have positive drainage to the basins. Some diversions may need to be extended in the field to ensure drainage flows do not bypass a basin. %D_E i, North Carolina Department of Environmental Quality Divksion of Energy, Mineral and Resources Mooresville Reginal Office 1610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 704.663.1699