20071237 Ver 1_More Info Received_20071001

.N.
w E' BURDETTE LAND CONSULTING, INC.
308ID W Millbrook Road, Suite 200 -Raleigh, .I~lorth Carolina 27609
Telephone [phone] - Fav ro~ o~ s.~ 1-9909
S ~~,
LE'~TER OF TRANSMITTAL -- -
To: Mr. Ronnie Smith i Date: September 28, 2007
US Arm s f I n ineer
Co o ~ s Project #: 7123
69 Darlington Avenge RE: Forest Oaks Subdivision
Wilmington, North Carolina 28402
We are sending the following i~ems attached to this transmittal:
Co ies Date Descri lion
1 9/28/07 Revised PCN A lication

i
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o G~n~
Af! ry Q
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Remarks: The attached a lication has been revised to include information re nested
b Mr. Ronnie Smith of the U ACE on Jul 27 2007 and Ms. C ndi Karol of NCDW on
Tnly 7ri 7(1(17 (T1W(1 Prniart #• (17_17'x'71 1VTnrh of the r~Plav in Chic racnnnca racnltarl from
fining culvert design information, a copy of the draft restrictive covenants, and a draft
Signed: Jennifer Burdette c:
Dale Shortt -Woodshire Partners LLC

Office Use Only:
USACE Action ID No.
(If any particular item is
I. Processing
Form Version March OS
DWQ No. ~ 7 - ~2~3"1
applicable to this project, please enter "Not Applicable" or "N/A".)
~p~
1. Check all of the approv ' 1(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality ertification ^ Express 401 Water Quality Certification
2. Nationwide, Regional o~ General Permit Number(s) Requested: 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check h~re: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impac s, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is locat d in any of North Carolina's twenty coastal counties (listed on page
4), and the project is ithin 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
1. Owner/Applicant
Name:
Mailing Address:
A
28303
Telephone Number:
E-mail Address: d
2. Agent/Consultant Infor at
must be attached if the ge
Name: J~
Company Affiliation: i F
Mailing Address: I 3
Fax Number: 910/483-5716
Suite
Carolina
Telephone Number:
E-mail Address: J.
Updated 11/1/2005
Mr.
1 (A signed and dated copy of the Agent Authorization letter
has signatory authority for the owner/applicant.)
rifer A. Burdette
Page 1 of 10
Fax Number: 919/841-9909
.net __

III.
Project Information
Attach a vicinity map cl~arly showing the location of the property with respect to local
landmarks such as towns, r`vers, and roads. Also provide a detailed site plan showing property
bo
anc
imp
inc
boi
so
US
hog
dra
red
the
1.
2.
3.
4.
5.
6.
7.
8.
9.
Updated 11/1/2C
ndaries and developme t plans in relation to surrounding properties. Both the vicinity map
site plan must includ a scale and north arrow. The specific footprints of all buildings,
pervious surfaces, or oth r facilities must be included. If possible, the maps and plans should
ude the appropriate US S Topographic Quad Map and NRCS Soil Survey with the property
ndaries outlined. Plan ~ rawings, or other maps may be included at the applicant's discretion,
long as the property is ; clearly defined. For administrative and distribution purposes, the
ACE requires informati n to be submitted on sheets no larger than 11 by 17-inch format;
rever, DWQ may acc pt paperwork of any size. DWQ prefers full-size construction
wings rather than a se uential sheet version of the full-size plans. If full-size plans are
aced to a small scale su h that the final version is illegible, the applicant will be informed that
project has been placed 'on hold until decipherable maps are provided.
Name of project: Fore t Oaks Subdivision

T.I.P. Project Number r State Project Number (NCDOT Only): NA
Property Identification umber (Tax PIN): 010536-0028-89
Location
County: Harnett Nearest Town: Fayetteville
Subdivision name (incl de phase/lot number): Forest Oaks
Directions to site (inclu e road numbers/names, landmarks, etc.): From Lillington, take NC
Hi hwa 27 west tur left onto Nurser Road SR 1117 take another left onto Lemuel
Black Road SR 1125 and the site is located on the north side of this road a roximatel 3/a
mile east of Lemuel Bl ck Road's intersection with Nurser Road.

Site coordinates (For inear projects, such as a road or utility line, attach a sheet that
separately lists the coor mates for each crossing of a distinct waterbody.)
Decimal Degrees (6 dig ~ts minimum): 35.3040177 °N 78.9655935 °W
Property size (acres): 9
Name of nearest receiv' ng body of water: UT to North Prong Anderson Creek
River Basin: Cape Fe
(Note -this must be o e of North Carolina's seventeen designated major river basins. The
River Basin map is ava' lable at http://h2o.enr.state.nc.us/adinin/maps/.)
Describe the existing c nditions on the site and general land use in the vicinity of the project
at the time of this appli ation: The site is forested except for road and lots of Phase I,
which have ahead bee constructed in some cases. Forest land and residential subdivisions
~5
u
Page 2 of 10

IV.
V.
Updated 1
II
make u the eneral la
d use in the vicinit of the ro'ect. Fi ure 1 de icts the location of
the ro ert on US eolo ical Surve USGS Anderson Creek East NC 7.5-minute
uadran le to o ra hi ma Fi ure 2 shows the location of the site on the a licable
Granville Count Soil S urve ma .

10. Describe the overall pr~
ro'ect involves constru~ 1 ect in detail, including the type of equipment to be used: The
Ction of a road network to develo lots for sin le-famil housin .
11. Explain the purpose of
acre ro ert into a resi he proposed work: The purpose of the project is to develop the 59-
ential subdivision.
Prior Project History
If jurisdictional determina
project (including all prior
the USACE Action ID Nu
certifications were issued
certifications or other usef
buffer impacts, along with
list and describe permits
construction schedules. In
ions and/or permits have been requested and/or obtained for this
phases of the same subdivision) in the past, please explain. Include
ber, DWQ Project Number, application date, and date permits and
or withdrawn. Provide photocopies of previously issued permits,
1 information. Describe previously approved wetland, stream and
ssociated mitigation (where applicable). If this is a NCDOT project,
'ssued for prior segments of the same T.I.P. project, along with
arch 2007 the USACE and NCDW issued notices of violation to
the a licant for road an lot construction within waters of US that had occurred without
authorization. The a lica t retained Burdette Land Consultin Inc. BLC to assist them with
brin in the ro'ect into co liance with the Clean Water Act. BLC conducted a delineation of
surface waters and wetlan s resent on the ro ert excludin subdivision lots that had alread
been sold. Mr. Ronnie S ' th of the USAGE verified the delineation and issued a Notification of
Jurisdictional Determinatio attached on June 11 2007. We are submittin this after-the-fact
ermit a lication for er anent wetland im acts resultin from road construction to access all
areas of the ro ert Th a licant retained a contractor to restore wetland areas that were
im acted b clearin and radin and in some cases sediment from ad'acent u lands but were
not necessar to achievin he ro'ect ui ose. We re uest a meetin with Mr. Ronnie Smith of
the USAGE and Mr. Chad Turlin ton of the NCDW to confirm the re-construction contours
were sufficientl re-establi hed. Due to the current drou ht conditions the a licant ro oses to
re establish woody vegetat ion in these areas prior to springy of 2008 as described later in this
a lication.

Future Project Plans
Are any future permit requ
and provide justification fo
This ermit a lication co
sts anticipated for this project? If so, describe the anticipated work,
the exclusion of this work from the current application.
ers all bases of the ro'ect• therefore no future ermit re nests are
antici ated.

1/1/2005
Page 3 of 10

VI. Proposed Impacts to Wat rs of the United States/Waters of the State
It is the applicant's (or ag pt'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 tab es below (e.g., culvert installation should be listed separately from
riprap dissipater pads). B ~ 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. 11 wetlands and waters, and all streams (intermittent and perennial)
should be shown on a deli eation map, whether or not impacts are proposed to these systems.
Wetland and stream evil ation and delineation forms should be included as appropriate.
Photographs may be includ d at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigati n, list and describe the impact in Section VIII below. If additional
space is needed for listing r description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanent impacts resulting
from the project consis of three road crossinPs and one driveway _c_rossing of jurisdictional
and in
some cases filled in w~th sediment from the ad'acent u land land disturbance. Fi ure 3
attached de icts the ocation of tem orar and ermanent im acts associated with the
ro'ect. Insets 1-4 sho the im act areas in detail. An en ineerin lap and cross-section
are attached for Im act Area #4 as re uested b the USACE. Cross-section information for
the drivewa crossin m act Area 2 was not available. As re uested b NCDW Enoch
Engineers provided the attached building envelope for Lot 208. The building envelope was
applicant decided to omit this lot from_ the Phase 3 development.
2. Individually list wet:
mechanized clearing,
separately list impacts
impacts. Types of impacts include, but are not limited to
ing, fill, excavation, flooding, ditching/drainage, etc. For dams,
to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number ~
Type of Impac (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) ~ herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
1 Temporary mechan 'zed Forested No 320 0
146
clearin & grading .
2 Permanent Fill Forested No 1900 0.121
2 Temporary mechan ized Forested No 1900 0
220
clearin & radin .
3 Permanent Fill Forested No 1400 0.064
Temporary mechan ized
3
clearin & riding Forested No 1400 0.333
4 Permanent Fill Forested No 1200 0.027
4 Temporary mechan 'zed Forested No 1200 012
0
clearin & radin .
Total Wetland Impact (acres) 0.923
3. List the total acreage (e ~ timated) of all existing wetlands on the property: 11.
Updated 11/1/2005
Page 4 of 10

4. Individually list all inte mittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impa is 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.), ex avation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles sho ing the linear footprint for both the original and relocated streams
must be included. To ca~culate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

NA
Total Stream mpact (by length and acreage) 0 0
5. Individually list all op n water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other w ter of the U.S.). Open water impacts include, but are not limited to
f;ll Pxravatinn r1rP.rlainu flnnrlinu_ drainage_ bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Water
(if applicabl
ody
y ~
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
)
ocean, etc. Area of
Impact
( )
acres
NA

otal Open Water Impact (acres) 0
6. List the cumulative im ct to all Waters of the U.S. resultin from the ro'ect:
Stream Impact (ac es): 0
Wetland Impact (a res): Permanent=0.17ac & Temp. =0.69ac 0.86
Open Water Impac (acres): 0
Total Impact to W ters of the U.S. (acres) 0.86
Total Stream Impa t (linear feet): 0
7. Isolated Waters
Do any isolated waters
Describe all impacts to
the size of the propos
applies to waters that h
;xist on the property? ^ Yes ®No
solated waters, and include the type of water (wetland or stream) and
d impact (acres or linear feet). Please note that this section only
ve specifically been determined to be isolated by the USAGE.
8. Pond Creation
If construction of a pc
included above in the
be described here and i]
Pond to be created in (c
Describe the method
draw-down valve or spi
Updated 11/1/2005
nd is proposed, associated wetland and stream impacts should be
etland and stream impact sections. Also, the proposed pond should
ustrated on any maps included with this application.
teck all that apply): ^ uplands ^ stream ^ wetlands
f construction (e.g., dam embankment, excavation, installation of
Tway, etc.): NA
Page 5 of 10

VII.
VIII.
Updated 1
Proposed use or purpo e of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requir ment, etc.): NA

Current land use in the icinity of the pond: NA
Size of watershed drain~ ng to pond: NA Expected pond surface area: NA
Impact Justification (Avo'~ dance and Minimization)
Specifically describe meas res taken to avoid the proposed impacts. It may be useful to provide
information related to site onstraints such as topography, building ordinances, accessibility, and
financial viability of the pr ject. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain w y these design options were not feasible. Also discuss how impacts
were minimized once the wired site plan was developed. If applicable, discuss construction
techniques to be followed uring construction to reduce impacts. The impacts occurred due to
the a licant's lack of fa 'liarization with Clean Water Act re uirements. U on learnin of
these re uirements the a licant retained Burdette Land Consultin Inc. to assist with
tom liance. The a lican ro oses to restore wetland im acts outside of the existin road
crossin s that are necessar to sufficient) access hi h round on the ro ert The tem orar
im acts consist rimaril o clearin and radin exce t for some areas that have been filled b
sediment from the adjacent uplands The attached planting plan will be followed to re-establish
wood ve etation within t e areas labeled as tem orar im acts exce t for the area west of
Basket Oak Drive and sh wn on Inset 2. Im acts to this area were minor some wood
ve etation remained and he root mat was not entire) removed. Mr. Ronnie Smith of the
USACE determined this ar a was sufficient) restored durin a site visit with the builder of the

ad'acentlot.

This after-the-fact ermit lication re uests authorization for ermanent im acts associated
with three road crossin s a d a ro osed drivewa crossin for Lot #100. The im act associated
with the drivewa crossin on Lot #100 was than ed from the on final a lication as a result of
Enoch En ineers' culvert desi n to allow for the conve ante and dissi ation of water.
Additional) we determine some of the ermanent im acts re orted in the on final a lication
as Im act 4 could be res ored once the area is stabilized sufficient) to remove tem orar
sediment basins thereb f rther minimizin the im act at this crossin As re uested b the
USACE Enoch En ineers ave rovided the attached letter 'ustif in the width of this crossin .
Mitigation
DWQ - In accordance wi h 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality or projects involving greater than or equal to one acre of impacts to
freshwater wetlands or gr ater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance ith the Final Notice of Issuance and Modification of Nationwide
Permits, published in the F deral Register on January 15, 2002, mitigation will be required when
necessary to ensure that dverse effects to the aquatic environment are minimal. Factors
including size and type o proposed impact and function and relative value of the impacted
aquatic resource will be c nsidered in determining acceptability of appropriate and practicable
l/1/2005
Page 6 of 10

miti
but
and
aqu
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If n
for
lacl
An
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htt~
1.
2.
Updated 11/1/2(
gation as proposed. Ex mples of mitigation that may be appropriate and practicable include,
are not limited to: red cing the size of the project; establishing and maintaining wetland
nor upland vegetated bu fers to protect open waters such as streams; and replacing losses of
atic resource functions and values by creating, restoring, enhancing, or preserving similar
;tions and values, prefer able in the same watershed.
litigation is required fo this project, a copy of the mitigation plan must be attached in order
USACE or DWQ to onsider the application complete for processing. Any application
:ing a required mitigati n plan or NCEEP concurrence shall be placed on hold as incomplete.
applicant may also cho se to review the current guidelines for stream restoration in DWQ's
ft Technical Guid for Stream Work in North Carolina, available at
://h2o.enr.state.nc.us/nc etlands/strm ide.html.
Provide a brief descript ion 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), ffected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanis (e.g., deed restrictions, conservation easement, etc.), and a
description of the curre t site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the ro'ec 's ermanent wetland im acts 0.21 acre are below the one acre
miti ation threshold f r wetland im acts BLC believes that NCDW 's Water ualit
Certification #3402 wo ld not re uire miti ation.

The USACE's Nati nwide Permit 29 ma re uire com ensator miti ation for ro'ects
that re uire re-const ction notification to offset unavoidable losses of waters of the US.
The a licant ro oses to a com ensator miti ation to the NC Ecos stem Enhancement
Pro ram at a 2 to 1 atio to offset nonri arian wetlands im acted b the ro~ect. The
miti ation acce tance letter is attached. The a licant also ro oses to reserve the
remainin wetlands an stream channels resent within Phase III of the ro'ect throu h
restrictions laced on t ese conservation areas in this hase of the subdivision's restrictive
covenants. A draft of t ! e restrictive covenants for Phase III of the Forest Oaks Subdivision
and Conservation Ma re attached. It is im ortant to note that draina e easement .were not
included within the co nervation area and are shown on the attached Conservation Ma
re ared b Bennett Su ve s Inc.

Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). P1
[phone] to dete ase note it is the applicant's responsibility to contact the NCEEP at
~'mine availability, and written approval from the NCEEP indicating
that they are will to ac ept payment for the mitigation must be attached to this form. For
additional information egarding the application process for the NCEEP, check the NCEEP
website at htt ://h2o.en -.state.nc.us/w /index.htm. If use of the NCEEP is proposed, please
check the appropriate b x on page five and provide the following information:
Amount of stream itigation requested (linear feet): 0
Amount of buffer itigation requested (square feet): 0
i05
Page 7 of 10

Amount of Riparian; wetland mitigation requested (acres): 0
Amount of Non-rip~jrian wetland mitigation requested (acres): 0.22
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental
(required by DWQ)
1. Does the project invol e an expenditure of public (federal/state/local) funds or the use of
public (federal/state) la d? Yes ^ No
2. If yes, does the projec require preparation of an environmental document pursuant to the
requirements of the Na ional or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not ure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 73 -5083 to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the docume t review been finalized by the State Clearinghouse? If so, please
attach a copy of the NE A or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or ag nt's) responsibility to determine, delineate and map all impacts to
required state and local b ffers associated with the project. The applicant must also provide
justification for these impa is 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 imp cts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be i eluded as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impac protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2 .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 s uare feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is equired calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 3 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is
Donation of Property,
Updated 11/1/2005
required, please discuss what type of mitigation is proposed (i.e.,
Riparian Buffer Restoration /Enhancement, or Payment into the
Page 8 of ] 0

XI.
XII.
XIII.
XIV.
Updated 1
Riparian Buffer Restor tion Fund). Please attach all appropriate information as identified
within 15A NCAC 2B . 242 or .0244, or .0260. NA

Stormwater (required by WQ)
Describe impervious acrea e (existing and proposed) versus total acreage on the site. Discuss
stormwater controls propos d in order to protect surface waters and wetlands downstream from
the property. If percen impervious surface exceeds 20%, please provide calculations
demonstrating total propo ed impervious level. Prior to development, the property did not
contain an si nificant im ervious acrea e. Enoch En ineers estimated that the avera e house
and drivewa would total a roximatel 3 200 SF of im ervious area er lot. There are 101 lots
within Phase 3 of the deve o ment totalin 7.4 acres of im ervious area associated with houses
and drivewa s. Roads wit in Phase 3 constitute a roximatel 8 acres of im ervious area for a
ro'ect total of 15.4 acres. ith 15.4-acres of im ervious surface area ro osed for 59 acres the
ercent im ervious surface or the ro'ect would be 26%.

Sewage Disposal (require by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from he proposed project, or available capacity of the subject facility.
Wastewater enerated fro the ro osed ro'ect will be dis osed of throw h individual on-site
se tics stems that will be roved b Harnett Count .

Violations (required by D Q)
Is this site in violation of WQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No
Is this an after-the-fact per it application? Yes ® No ^
Cumulative Impacts (req fired by DWQ)
Will this project (based on
development, which could i
If yes, please submit a qua past and reasonably anticipated future impacts) result in additional
pact nearby downstream water quality? Yes ^ No
itative or quantitative cumulative impact analysis in accordance with
the most recent North Ca -olina Division of Water Quality policy posted on our website at
htt ://h2o.enr.state.nc.us/nc etlands. If no, please provide a short narrative description: The
ro osed ro'ect will not r suit in infrastructure im rovements be and those re wired to develo

the ro ert itself.

1/1/2005 i

Page 9 of 10

XV. Other Circumstances (Op Tonal):
It is the applicant's respon ibility to submit the application sufficiently in advance of desired
construction dates to allo processing time for these permits. However, an applicant may
choose to list constraints a sociated with construction or sequencing that may impose limits on

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cwaPHlc scA~e USGS LOCATION MAP N
~~' = sooo' FOREST OAKS SUBDIVISION
zooo' o sooo' ~~ WOODSHIRE PARTNERS, LLC
j HARNETT COUNTY, NC
•''•N'''• DATE: 05/30/07 USGS 7.5' TOPO QUAD:
:~ '• ANDERSON CREEK
w e' BURDETTE LAN CONSULTING INC. DRAWN BY: TMB
308D W Millbrook Road, Suit 200 -Raleigh, North Cazolina 27609 CHK'D BY: JAB
Telephone [phone]- Fax [phone] PROJECT #: 7132 FIGURE #: 1
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GRAPHIC SCALE
"
' HARNETT COUNTY SOIL SURVEY MAP ~
1
=2000
zooo' o zooo' FOREST OAKS SUBDIVISION
WOODSHIRE PARTNERS, LLC
HARNETT COUNTY
NC
,
•''•N•'•• DATE: OS-30-07 SIIEET(S):10
•
' BURDETTE LAND CONSULTING INC. DRAWN BY: TMB CHK'D BY: JAB
IN E
308-D W Millbrook Road, Suite 00 -Raleigh
North Carolina 27609
S Telephone (919) 841- ,
977-Fax [phone] PROJECT #: 7132 FIGURE #: 2

N _ '
> , : ,, , , O
~~ -~~ v ~/~~-~--_\/~ ~~~,/~ j /~ ~~ / / ~ ~ i `~```/% ' ~ ~i/%/. iii %~
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~ o ~~ „ ~
,•, i ~ ~ ~ ,
`1 ~` ;
__,
/ / Ali ~ /
\~ ~ 1~ .
~ ~ ~~ li, ~ ~ O ~ Q A IMPACT # 4
~ ~ ~~ ~~ ~ ~ ~~ ~~ ) i G %' ,- ~~~'+. ~ ~ ~V0 ~~ PERMANENT WETLAND IMPACT = 1 155 SF
~ ® ® ~. ~ ~\ O ~ TEMPORARY WETLAND IMPACT 507 SF
~ ~ / ~
IMPACT # 3 ~,~' `~ ® ~~ ~ ~ U ,~
PERMANENT WETLAND IMPACT = 2,809 SF f~ ; !~~ \ ® I / ~~ ?% % j ~--~=.~ ~ ` `~/ ~ ~'\~~ `
EMPORARY WETLAND IMPACT = 14,514 SF ,- ~; ~ © ~ (~ j ,;- j/
,~ ~, ~ 0 , ~ jam,----1 ~ I~ , ~1 ~.
~ ~ ~, 1 ,
r~ o ;~ ~ C~1
,.~%>,. o ~ ---~ j~ ~, ~ ,
I~~ /
// ~ ~; - O i i ~ ~ ~ $ ,~ ~ \` IMPACT # 2 ~_ \ ~\ /~ ~ ~ ~ /~ ~;~
~'`~~.~ ~ ~ ( l ® ® ~ ~ PERMANENT WETLAND IMPACT = 5,251 SF ~~ / ~ ~/~ ,
~- `~ \~ ' 1 ® TEMPORARY W TLAIVD 1 PAC = 9 576 SF (~f ~ ~
-~\ ~~ ® ® ~ ® E M T ~ 1 ~ ` ~
r
~ ~ ~~
1, , ,
1 1` ; , ~, , ~ `°... ~ ® ~i // ~ ~ ~~, i ; iii/ ~ ~; ,
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o ® ~ ., ® , ~ ~~, ~ -~,
_~~ _~~ / ~-y / A/ ® ,~ ~ ® TEMPORARY WETLAND IMPACT - 6,372 SF ! ~ I ~ ~ ~ ,
--~_
~~ ~ ~ ~~~
___~~
LEGEND
® UNDISTURBED JURISDICTIONAL WETLANDS NOTES:
1.) THE DESIGNATION AND LIMITS OF THESE FEATURES HAVE BEEN VERIFIED BY THE
US ARMY CORPS OF ENGINEERS.
WETLAND IMPACTS TO BE RESTORED
2.) THE LOCATIONS OF THESE FEATURES HAVE BEEN LOCATED USING ASUB-METER
TRIMBLE GEO-XT. THIS MAP DOES NOT REPRESENT A SURVEY OF
PERMANENT IMPACTS JURISDICTIONAL /ISOLATED WATERS OF THE US.
3.) SUBDIVISION MAP PROVIDED BY BENNETT SURVEYS, INC. TAX AND TOPOGRPHIC
PRIVATELY OWNED PROPERTIES NOT EVALUATED DATA PROVIDED BY HARNETT COUNTY GIS. THIS MAP IS FOR GENERAL USE NOT A
SURVEY.
- - - - - APPROXIMATE LOCATION OF PERENNIAL CHANNELS GRAPHIC SCALE
1" = 400'
TT TIE TO
PL PROPERTY LINE 400' 0 400' 800'
'•••N••~~ SURFACE WATERS & WETLANDS IMPACT MAP °ATE: 9i28ro7 revised
;'w E=~ BURDETTE LAND CONSULTING INC. scALE: rv=4oo~
FOREST OAKS SUBDIVISION DRnwN eY: TMs
308-D W Millbrook Road, Suite 200-Raleigh, North Cazolina 27609 WOODSHIRE PARTNERS, LLC CHK'D RY: JAB
Telephone (9l9) 841-9977-Fax [phone] HARNETT COUNTY, NC PROJECT #:7132
S FIGURE #: 3

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/ IMPACT # 1
/ TEMPORARY WETLAND IMP = 6,372 SF
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GRAPHIC SCALE
1" = 60' SURFACE WATERS & WETLANDS IMPACT MAP
60' 0 60' FOREST OAKS SUBDIVISION
WOODSHIRE PARTNERS, LLC
HARNF.:TT COUNTY, NC
••'N'•• DATE: 9/28/07 revised SCALE: 1'-60'
• • = BURDETTE LAND CONSULTING, INC. DRAwNQY: TMB c~-~cDBY: JAa
'W E~
308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609
Telephone [phone]- Fax (9l9) 841-9909 PROJECT k: 7132 INSET: I
S

~ \ V 1z, ~w art
101 r° °
WETLANp UNDARY
100
\ \
~ \ 99
~ ~
9 4 '~
GRAPHIC SCALE
1" = 60' SURFACE WATF,RS & WETLANDS IMPICT 11
FOREST OAKS SUBDIVISIO."•,
60' 0 60' WOODSHIRE PARTNERS. LI C`
HARNETT COUNTY. NC
••'~••. DATE: 9/2A/07 revised SOLI.?: I' - b0'
': BURDETTE LAND CONSULTING, INC. DRAwNBY: TMB cln~'DBY: JAB
'W E+
308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609
Telephone [phone]- Fax [phone] PROJECT #: 7132 INSET: 2
S

%.
N i
~ / ~
IMPACT # 3 ~
PERMANENT WETLAND IMPACT = 2,809 SF
TEMPORARY WETLAND IMPACT = 14,514 SF
I ` /
/
;~
1 0 ~
Q~N~ARY
ET
2
A % 25
R ~ --
__
3
24
s_
4
GRAPHIC SCALE
1" = 60' SURFACE WAFERS & WETLANDS [MPAC"F MAP
FOREST OAKS SUBDIVISION
60' 0 60' WOODSHIRE PARTNERS, LLC
HARNETT COUNTY, NC
•"N"• DATE: 9/28/07 revised SCALE: 1' = 60'
•~ BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB cHx'DBY: JAB
:W E.7
308-D W Mil brook Road, Suite 200-Raleigh, North Carolina 27609
Telephone (919) 84t-9977- Fax [phone] PROJECT #:7132 INSET: 3
•. S

~~
.-
1 60
~"

1..4 5
~ ~ I ACT # 4
/ ~ - ERMANEN7 WETLAN IMPACT = 1,155 S
TEMPORARY WET D IMPACT = 507 SF
.: .
~ 11
\~ ~NETLAND BOUNDARY
146
\ \ ~fi,
\ \ \ \\
~\ \
.\
1 1 6
~~~, ~
~~
1 15 ~ / ~,
GRAPHIC SCALE
1" = 60' SURFACE WATERS & WETLANDS IMPACT MAP
FOREST OAKS SUBDIVISION
60` 0 60' WOODSHIRE PARTNERS, LLC
HARNETT COUNTY, NC
••'N••. DATE: 9/28/07 revised SCALE: 1'=60'
iW E'~ BURDETTE LAND CONSULTING, INC. DRAWN BY: ~r•n,IB cxlc'DBY: JAB
308-D W Millbrook Road, Suite 200-Raleigh, North Carolina 27609
Telephone [phone]- Fax [phone] PROJECT #: 7132 INSET: 4
S

Forest Oaks Subdivision
etland Restoration Planting Plan
The following bare root or con ainerized trees will be planted on 10 x 10 spacing within the areas
to be restored shown on the Su face Waters and Wetlands Impact Map (Figure 2).
Common Name Scientifi Name Wetland Indicator Status
Black gum Nyssa sl vatica var slyvatica FAC
Water oak Quercus nigra FAC
Tulip poplar Lirioden ron tulipifera FAC
The following bare root or cor
spacing within the areas to be
(Figure 2).
Common Name Scientif
Sweetpepper bush Clethra
Loblolly bay Gordon
Inkberry Ilex gla.
Other native species of the
availability.
;d shrubs and subcanopy trees will be planted on 8 x 8
shown on the Surface Waters and Wetlands Impact Map
[Name Wetland Indicator Status
nifolia FACW
lasianthus FACW
z FACW
wetland indicator status may be substituted, if necessary due to

noch
~n"'~P.A.
~~ r:. andwin sr.. Y.ti.. P.L.s onsulting Engineers & Surveyors Phone [phone]
(919) 894-77(x.
Joe L. G~,>d~~~in 1r.. PE, P.L.S. ~ ~I)3 ~~.C. 5~ SOLIt}] Pa.~: t`)19) 894-819(
Kevin K. Allcn, P. F_.
September 17, 2007
Re: Forest Oaks Subdi
Justification Letter
To Whom It May
BeIl5011, NC 775~~ F:mnil: enochengineers~~~carthlink.nc
on -Phase 3
On Basket Oaks Drive th m~nimurn North Carolina Department of Transportation
(NCDOT) requirements w used in part of the avoidance and minimization of impacts.
ctfully,
eod Sr., PE
Engi ears, P.A.

1--
- , s~!stem .
PR06RAM
July 24, 2007
Dale Shortt
Woodshire Partners, LLC
2919 Breezewood Ave, Ste. 202
Fayetteville, NC 28303
Project:
Oaks Subdivision County: Harnett
The purpose of this letter is to notify yo that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated ith the above referenced project. Please note that this decision does not assure that
the payment will be approved by the per 't issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to de ermine if payment to the NCEEP will be approved.
This acceptance is valid for six months om the date of this letter and is not transferable. )(F we have not received a copy of
the issued 444 Permit/4Q1 Certificatio CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required miti anon in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Cape Fear
03030004 Stream (fee ) Wetlands (acres) Buffer I
(Sq. Ft.} Buffer II
(Sq. Ft.)
Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh
Impacts 0 0 0 0 0.22 0 0 0
Credits 0 0 0 0 0.44 0 0 0
Upon receipt of payment, EEP will take esponsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than in icated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to su mit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accorda ce with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. 5. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need
information, please contact Kelly Williams at (919) 71ti-1921.
Sincerely,
it iam .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ'
Ronnie Smith, USACE-V'
Ian McMillan, NCDWQ-
Jennifer Burdette, agent
File
1 Unit
1 Unit
GGt~ t~~
RP~tDY ~ ... ~ ~ ... PYD ~ CJGGY .jtG{.;tP~ I~CDETIR
North Carolina Ecosystem Enhancement Pro ram, 1652 Mait Service Center, Raleigh, NC 27699-1652 / 919-715-4476 / www.nceep.net

Prepared BY and Return To:
L. Holden Reaves
Reaves & Reaves, PLLC
P.O. Box 53187
Fayetteville, NC 28301
STATE OF NORTH
COUNTY OF HARNE
THIS DECLARAT
2007,
limited liability company
A RESTRICTIVE COVENANTS FOR
FOREST OAKS, PHASE THREE
J (this "Declaration") is made this the day of
WOODSHIRE PARTNERS, LLC, a North Carolina
"Declarant");
WITNESSETH:
WHEREAS, the D~
Creek Township, Harnett C
Oaks Subdivision, Phase Tl
inclusive (hereinafter, "Pro'
S/D Phase Three" prepared
as Map Number
NOW, THEREFO
described above shall be he
restrictions, covenants and
and desirability of, and wlv
parties having any right, tit
their heirs, successors and
rant is the owner of certain property located in Anderson
rty, North Carolina, comprising all of the lots within Forest
:, more particularly described as Lots 111 through 211
ies" or "Lots"}, as shown on that plat entitled "Forest Oaks
Bennett Surveys, Inc. and filed on , 2007
Harnett County Registry (hereinafter, the "Plat").
C, the Declarant hereby declares that all of the Properties
,sold and conveyed subject to the following easements,
~nditions, which are for the purpose of protecting the value
r shall run with the real property and be binding on all
or interest in the described Properties or any part thereof,
;inns, and shall inure to the benefit of each owner thereof.

ARTICLE I
I~ DEFINITIONS
Section l . "Owner' shall mean and refer to the record owner, whether one or
more persons or entities of fee simple title to any Lot which is a part of the Properties,
including contract sellers, ut excluding those having such interest merely as security for
the performance of an obli ation.
Section 2. "Properties" shall mean and refer to that certain real property
hereinbefore described.
Section 3. "Lot" sh~ll mean and refer to any of the numbered lots of land shown
upon any xecorded subdivi ion map of the Properties.
Section 4. "Declar nt" shall mean and refer to Woodshire Partners, LLC, a North
Carolina limited liability c mpany, its successors and assigns.
Section 5. "Develo er" shall mean and refer to Woodshire Partners, LLC, a
North Carolina limited liab lity company, its successors and assigns.
ARTICLE II
USE RESTRICTIONS
Section 1. Land Us .All Lots shall be developed and used for only traditional,
single-family purposes, pr ided that only one residence shall be permitted on each Lot.
Group homes are prohibits .All Lots as shown on the aforesaid recorded plat are
approved as to size and sha e. No Lot shall be re-subdivided in any manner so as to
create any new or revised 1 t. Said Lots shall be used for residential purposes only and
shall not be used for business or commercial purposes.
Section 2. Buildin T e. No structure shall be erected, altered, placed or
permitted to remain on any Lot ether than one detached single-family dwelling not to
exceed two and one-half (2 z) stories in height and a private garage for not more than
three (3) cars and other out uildings incidental to residenial use of the Lot. Such
outbuildings erected, alters ,placed or permitted shall be of the same quality,
woz•kznanship and material s the principal dwelling structure, and will be erected and
placed to the rear of the d lling structure. Garages may contain living quarters. No
mobile home (Class A or B ,manufactured home or modular home shall be allowed on
any Lot to which these cov nants apply. No log homes az•e pez•znitted.
Section 3. Set Back Re uv~ements. No building shall be located on any Lot nearer
than thirty-five (35) feet to the front Lot line, nor nearer than ten (10) feet to any interior

Lot line, nor nearer than tw my (20) feet to any side street. No building shall be located
nearer than twenty-five {25 feet to the rear Lot line. For the purposes of this restriction,
eaves, steps, patios, and op n porches at grade shall not be considered as a part of any
building; provided, howeve •, that this shall not be construed to permit any portion of a
building on a Lot to enema h upon another Lot. When consistent with the Zoning
Ordinance, the building lin set-back as provided for in this paragraph may be varied
with the express consent of Developer, and said consent need not be of record in the
Office of the Register of D eds, Harnett County, North Carolina.
Section 4. Minimu i Size of Each Dwellin .The heated area of the main
structure of any dwelling, e elusive of one-story porches and garages, shall not be less
than one thousand fzve hun red (1,500) square feet. Heated area living space shall mean
the ordinary living space in a house which is designed and constructed so as to be capable
of being heated for regular iving use in cold weather. In the computation of floor space,
unheated storage area, gara es, and porches shall not be counted.
All construction do eon any Lot shall be done in a workznanhike manner, by a
contractor licensed by the tate of North Carolina, and shall be completed within a year
of its beginning. All constr ction shall be done with first quality building materials. No
basement shall be occupied unless and until the house above it is completed and ready foz•
occupancy.
All houses construe ed on any Lot or Lots shall have an enclosed garage, not a
cazpoz•t, appurtenant to the Ouse. The garage shall be constructed in the same style as
the house on the Lot, ands all be constructed in accordance with the tezms of this
Section 4. The garage mus have a concrete slab, and a masonry foundation.
No residence or oth r building, structure or improvement shall be built by anyone
other than a licensed con#ra for who has been approved by the Architectural Control
Committee.
No residence or oth r building, structure or improvement which violates any of
the covenants and restrictio s herein contained, or which is not in hazziiony with the
surrounding neighborhood nd the existing structures therein, shall be erected or allowed
to remain on any part of a ot. Nothing shall preclude using more than one Lot for a
single-family residence.
Section 5. Tem or r Structures. No trailer, tent, shack, garage, barn or similar
type outbuilding shall be pl ced, erected or allowed to remain on a Lot without the
written consent of Develop r. No structure of a temporary character shall be used as a
residence temporarily, pern anently, or otherwise.
Section 6. Restrict Activities. No commercial, noxious or offensive trade or
activity shall be carried on pon any Lot, nor shall anything be done which may be or
become an annoyance or n isance to the neighborhood.

Section 7. Animals No animals, livestock, poultry of any kind, shall be raised,
bred or kept on any part of he Properties. Common household pets are allowed and ace
the responsibility of their L t owners, and all dogs shall remain under the control of their
owners at all times, and sh 11 not wander loose in the development. Any large dogs
which may be considered d ngerous must be kept in a dog run with a six (6) foot high
fence and the rear yard mu t be enclosed with a six (6) foot high privacy fence.
Section $. Motor V hicles. No automobile or motor vehicles may be dismantled
or repaired on said Pr•operti s, including oil changes. No mechanically defective
automobile, motor vehicle, xechanical device, machine, machinery, or junk car shall be
placed or allowed to remai on said Properties at any time. Commercial vehicles, camper
trailers, trailers, and boats s all be stored at the rear of the residence and shall not be
within the side yard set-bac s. If more than two (2) of the above non-private vehicles,
hailers or boats are stored n any Lot they shall be screened from view of other Lots.
Section 9. Erection of Fences and Si ns. No fence shall be erected on any Lot
closer to the front of the Lot than the house's rear corner. No fence shall be built within
the easement for utilities as set forth in Article III of these covenants. Fencing traversing
a Lot shall be parallel with lie front Lot line. Provided however, that with respect to
corner Lots, no fencing sha 1 be erected or maintained any closer than forty-five (45) feet
from the front property lin , not to exceed aten-foot extension from the back corner of
the house (extended from t e back line of the house); and in the event a house has already
been established on the Lot adjacent to the corner Lot, no fencing shall be erected on the
corner Lot any closer to th front of the Lot than the distance the front corner of the
adjacent structure is from i s fiont property line; in any event, fencing shall be no closer
than the house's rear come . Solid privacy fences over three (3) feet in height shall not
be built within twenty-five 25) feet of a public right of way (except within ten (10) feet
of rear property lines of all Lots along Nursery Road and Lemuel Black Road to the
extent applicable). No wo den privacy fence can exceed six (6) feet in height. Chain
link fencing cannot exceed our (4) feet in height and shall not be visible from the street
the house is fronting. A de iation may be considered only with the written consent of
Developer.
The Developer rese •ves the right to install up to a six (6) foot fence running
continuously along the rear property lines of all Lots along Nursery Road and Lemuel
Black Road to the extent a plicable. Owners shall not modify the fence in any way.
Section 10. Mailbo es. Only break-away mailboxes may be constructed in the
subdivision, it being the int ntion of the developer to preclude the erection of
permanently constructed m ilboxes in the North Carolina State right-of--way areas. An
approved standard shall be tovided by Developer.
Section 11. Signs. No signs other than "For Sale" or "For Rent" signs shall be
displayed on the property.

Nothing contained i' these covenants and restrictions shall prevent the Developer,
approved builder or any pe son designated by the Developer, from erecting or
maintaining such commerc al or display signs and such temporary dwelling, model house
and other structures as the eveloper may deem advisable foz• development purposes;
however, no temporary sig s shall be placed at the entrance of Forest Oaks Subdivision.
Section 12. Satellit Dishes. No satellite dishes shall be permitted on any Lot,
except that any such dish n. easuring three (3) feet or less shall be permitted, provided that
such dish shall be so locate as to not be visible from any street, and shall not project past
the front line extended oft e house on the Lot on which both are located.
Section 13. Drivew s. All houses shall have an improved driveway running
from the edge of the pave ent of the road to the garage slab. Driveways shall be
constructed of concrete. D •iveway culverts shall be concrete pipe, a minimum of
eighteen (18) inches in dia eter, and installed where needed in a manner to comply with
subdivision engineering pl ns and specifications.
Section 14. Landsc in .All homes constructed shall have at least twelve (12)
foundation plantings appro riately bedded along with at least one landscaped bed in the
front yard. Deviation from the above requirements must be approved by the Developer in
writing.
No gas tanks are to be visible from the street. All such
tanks are to be disguised bye fencing or landscaping.
Section 16. Mainte .ance of Lot. No trash, garbage, rubbish, debris, waste
material or other refuse shall be deposited or allowed to accumulate or remain on any part
of said Properties, or upon y land or lands con#iguous thereto. No fires for burning of
trash, leaves, clippings, or they debris or refuse shall be permitted on any part of said
land without the required p rmits issued by the appropriate authority. All waste
containers are to be positio ed behind the home at all times, other than the collection day.
All lawns on Lots s all be reasonably cared for. if any lawn remains in an un-
mowed or uncared-for con ition, the Developer shall have the right to have the yard
mowed and trimmed. This shall be done at the expense of the Lot owner at not less than
$100.00.
Effective from the
the NCDOT Division of Hi
Highway System for maint
the property lying between
accordance with said stand
caused by vehicular traffic,
and mowing as part of the ]
and care for any drainage e
remains in an un-moved or
late of the execution of this Declaration, and continuing until
ghways adds the streets that serve the Lots to the State
~nance, each Owner shall be required to maintain and care for
the front line of his Lot and the edge of the paved street in
zrds. This shall include, but not be limited to, repair work
cotzstruction of a dwelling on the Lot, erosionm and the like,
:ot Ownet•'s lawn. In like manner, the Owner shall maintain
asentent on his property. If the aforementioned property
uncared-for condition, such that it is not in compliance with

said NCDOT standards, the Developer shall have the right to have the property mowed
and/or maintained to bring t into compliance. This shall be done solely at the expense of
the Owner at an amount eq al to the actual costs of corrective actions plus ten percent
(10%).
Section 17. Windo~ AJCs and Thtu-the Wall Heat Pum s. No window air
conditioning units (A/Cs) o • thru-the-wall heat pumps shall be allowed iu the front or side
sections of the home, so as a be visible from the street.
Section 18. Archite tural Control Committee. No residence or other building,
and no fence, wall, utility y rd, driveway, swimming pool or other structure or
improvement, regardless o size or purpose, whether attached to or detached from the
main residence, shall be cor enced, placed, erected ar allowed to remain on any Lot,
nor shall any addition to or xterior change or alteration thereto be made, unless and until
building plans and specific tions covering the same, showing the nature, kind, shape,
height, size, materials, floo plans, exterior color schemes with paint samples, location
and orientation on the build ng plot and approximate square footage, construction
schedule, on site sewage an water facilities, and such other information as the Developer
shall require, including, ifs required, plans for the grading and landscaping of the
building plot showing any hanger proposed to be made in the elevation of surface
contours of the land, have een submitted to and approved in writing by the Developer,
or the Architectural Contro Committee, as hereinafter defined, and until a copy of all
such plans and specificatio s, as finally approved by the Developer, have been lodged
permanently with the Deve oper. The Developer, or the Architectural Control Conunittee
consisting of any two of th corporate officers of Developer, or other such members as
appointed by Developer, sh 11 have the absolute and exclusive right to refirse to approve
any such building plans an specifications and lot-grading and landscaping plans which
are not suitable or desirabl in its opinion for any reason, including purely aesthetic
reasons connected with firt re development plans of the Developer of said Properties or
contiguous lands. In passi g upon such building plans and specifications and lot-grading
and landscaping plans, the eveloper may take into consideration the suitability and
desirability of the proposed constructions and of the materials of which the same are
proposed to erect the same, the quality of the proposed workmanship and materials, the
harmony of external design with the surrounding neighborhood and existing structures
therein, and the effect and ppearance of such constructions as viewed from neighboring
properties. In the event the Developer fails to approve or disapprove such building plans
and specifications with thir y (30) days after the same have been submitted to it as
required above, or the foun ation of the building has been completed and approved by
the local building inspectio department, the approval of the Developer shall be
presumed and the provisio s of this paragraph shall be deem to have been complied with.
However, no residence or o her building, structure or improvement which violates any of
the covenants and restrictio s herein contained or which is not in harmony with the
surrounding neighborhood nd the existing structures therein shall be erected or allowed
to remain on any part of a at.

This Section 18 shall expir once the Developer {or any of its builder affiliates) no longer
owns a Lot within Forest O ks Subdivision or any adjacent subdivision.
ARTICLE III
UTILITIES
a contract with public utili
and/or the installation of s1
payment and/or a continui:
each building.
maintenance for utilities
plat. Wi#hin these eases
to protect fiom erosion.
UTILITY AND DRAINAGE EASEMENTS
The Developer reserves the right to subject the Properties to
provider for the installation of underground electric cables
et lighting, either or both of which may require an initial
monthly payment to public utility provider by the Owner of
Drainage Easements. Easements for installation and
drainage facilities are reserved as shown on the recorded
the Developer has the right to alter or change any drainage
Section 3. Severabi it .Invalidation of any one of these covenants or restrictions
by court order or such othe means shall in no way affect any other provisions which
shall remain in full force a d effect.
ARTICLE IV
ATION OF WETLAND AREAS
(Army (~orps of Engineers -Action ID #SAW-2007-1002)
Section 1. Preserva ion of Wetland Areas. All areas identified on the Plat as
conservation areas shall be aintained in perpetuity in their natural or mitigated
condition. No person or en ity shall perform any of the following activities in any such
conservation areas:
a. fill, grade, e~cavate or perform any other land disturbing activities;
b. cut, mow, bz~rn, remove, or hazm any vegetation;
c. construct oz• place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures;
d. drain or oth~rwise disrupt or alter the hydrology or drainage ways of the
consezvatioz area;
e. dump or sto~e soil, trash, or other waste; or

f. graze or water animals, or use for any agriculttual or horticultural purpose.
This covenant is int nded to ensure continued compliance with the mitigation
condition of a Clea Water Act authorization issued by the United States of
America, U.S. Arm Corps of Engineers, Wilmington District, Action 1D # SAW-
20Q7-1002, and they fore maybe enforced by the United States of America. This
covenant is to run 'th the land, and shall be binding upon the Declarant, all
owners and their ho Behold members, tenants, agents and guests, and ail parties
claiming through or under said parties.
Notwithstanding an thing to the contrary in the Declaration, the provisions of this
Article IV may not e amended without the express written consent of the U.S.
Anny Corps of Eng neers, Wilmington District.
ARTICLE V
CTING PROVISIONS
To the extent the
provisions of the Harnett C
Ordinance shall control.
isions of this Declaration conflict with any applicable
~nty Ordinance, the conflicting provisions of the County
[The Rema~nder of This Page Intentionally Left Blank]

IN WINESS W.
Declarant has executed
EOF, the undersigned authorized member/ manager of the
Declaration to be effective as of the date first above written.
WOODSHIRE PARTNERS, LLC
By:
Member/ Manager
STATE OF NORTH
COUNTY OF
I,
PARTNERS, LLC, a Noy
before me this day and acl
liability company and that
company, the foregoing in
WITNESS my
LINA
a Notary Public, do hereby certify that
as a Member/ Manager of WOODSHIRE
Carolina limited liability company, personally appeared
wledged that he is a Member/ Manager of said limited
authority duly given, and as the act of the limited liability
ument was signed in its name by such person.
and official seal or stamp, this the _ day of
20
Notary Public
My Commission Expires:
[Affix Notary Seal or Stamp]