20071888 Ver 1_401 Application_20071107

r
HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road
Lillington, NC 27546-0400
Phone [phone] /Fax [phone]
E-mail: [e-mail]
5 November 2007
Mr. Ronnie Smith 0 7- 1 8 8 8
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890 ~ ~ ~ ~ ~ V
Wilmington, NC 28402-1890 ~f D
Reference: Pre-Construction Notification ~ ~~ ~ 7 2007
Blake Commons Subdivision (proposed) DtNR -WATER QUALITY
Cumberland County, North Carolina ~~~ Iwo STC~htiy~T~R swwCH
USACE Action ID 2006-32609-026
Dear Mr. Smith
The enclosed Pre-Construction Notification (PCN) has been prepared for the above
referenced property, which is located on the southern side of Church Street (SR 2996) in Hope
Mills, Cumberland County, North Carolina. The residential subdivision plan proposes three
wetland impacts (0 stream impacts) for installation of subdivision roads. Total wetland impacts
have been calculated as 0.36 acre. Mitigation for the proposed impacts is recommended as
preservation of the remaining 9.21 acre of undisturbed wetlands within the subdivision's
restrictive covenants and in-leui-fee payment to the NC Ecosystem Enhancement Program at a
1:1 ratio. It is our belief that the proposed activities can be authorized by USACE Nationwide
Permit 29.
I trust that this provides all the information that you require to review the application and
authorize the proposed impacts. If you have any questions or need additional information, please feel
free to contact me at your convenience.
Sincerely,

Krissina B. Newcomb
Project Environmental Scientist 1
CC: Division of Water Quality
401/WetlandsUnit
1650 Mail Service Center
Raleigh, NC 27699-1650
Harvey Allen Joe Gillis
Allen-Allen & Associates Gillis & Gillis Inc.
136-D Bow Street 8623 galatia Church road
Fayetteville, NC 28301 Fayetteville, Cn 28304
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting

Office Use Only: Form Version March OS
O7- 1 888
USACE Action ID No. DWQ No.
i~r --
~., aiiy Yaiu~wat i~cu, is uu~ appncaote to mts project, please enter "Not Applicable" or "N/A".)
I. Processing
1. 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
3. 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), chec ~~~ ~ V
II. Applicant Information \J
NOV 7 2007
1. Owner/Applicant Information DENR -WATER QUALITY
Name: Gillis & Gillis Inc (owner)• Attn Joe Gillis w~TtANDSANDSroR~~T~RgRaNCH
Mailing A dress: 8623 Galatia Church Road
_ Fayetteville NC 28304
Telephone Number: 910-864-9611 Fax Number: 910-867-4727
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
Company Affiliation: Hal Owen & Associates Inc.
Mailing Address: Post Office Box 400
_ Lillin~ton NC 27546
Telephone Number: 910-893-8743 Fax Number: 910-893-3594
E-mail Address: halowen(a~earthlink.net
Updated 11/1/2005
Pale 5 of 13

III. Project Information
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
USACE 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:_ Blake Commons Subdivision (proposed)
2. T.LP. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0414-90-6637 and 0424-O1-1254
4. Location
County: Cumberland Nearest Town: Hope Mills
Subdivision name (include phase/lot number): Blake Commons (proposed
Directions to site (include road numbers/names, landmarks, etc.): From I-95 go west on
Hope Mills Road (NC Hwy 59) Turn right on Church Street (SR 2996) and go 0 5 mile
Site is on ra~ht, opposite of Baffle Circle
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.961033 °N 78.934200 °W
6. Property size (acres): 25.19
7. Name of nearest receiving body of water: Rockfish Creek (class C• stream index 18-31-(23)
8. River Basin:_ Cape Fear (HUC 03030004)
(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 wooded/undeveloped Land use in the vicinity is
residential.
Updated I I/1/2005
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 sewer and water Equipment to be
utilized includes bulldozers pans trackhoes and other typical construction equipment
11. Explain the purpose of the proposed work: Residential subdivision Wetland impacts are
necessary for installation of utilities and subdivision roads to serve lots
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. Action ID 2006-32609-026 Jurisdictional Determination 8 June 2006
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.
No additional permit requests are anticipated
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.
1. Provide a written description of the proposed impacts: At impacts 1-3 wetland areas
will be filled to allow construction of the subdivision roads. Subdivision utilities sewer and
water) will run inside the road right-of--way
Updated I I/1/2005
Page 7 of 13

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 im acts 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)
1 Mechanized land
clearing; Fill Forested No 750 0.10
2 Mechanized land
clearine; Fill Forested No 170 0.24
Mechanized land
~ clearing; Fill Forested No 250 0.02
Total Wetland Impact (acres) 036
3. List the total acreage (estimated) of all existing wetlands on the property: 9.57
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 acrea e multi 1 le h X 'd h h

Stream Impact
Number

(indicate on ma)
NA

Stream Name g,

T e of Im act
~ p p y ng

perennial or
Intermittent? wit , t en d
Average

Stream Width
Before Impact

t
Total Stream Impact (by length and acreage)
wide by 43,560.
Impact Area of
Length Impact
(linear feet) (acresl
0
5. 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
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact T e of Waterbod
Site Number Name of Waterbody Yp y Area of
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map)
ocean, etc.) (acres)
NA
Total Open Water Impact (acres)
Updated ] 1/1/2005
0
Page 8 of 13

6. List the cumulative impact to all Waters of the U_S. resultinu frnm the ,,,-r,;P~r•
a __ ____
Stream Impact (acres): ___- j.._.,~.....
p
Wetland Impact (acres): 0.36
Open Water Impact (acres): p
Total Impact to Waters of the U.S. (acres) 0.36
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.
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.):
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._ A lame portion of the wetlands
are located in the common area. The road format which has been desi ned to DOT standards
re~c wires a 50 ft ri>?ht-of-way Alternate road locations with fewer wetland impacts are not
~oss>ble due to the required road width (i e the 30ft access easement on Church Street is too
narrow . Utilities will be installed in the road R/W to avoid additional impacts Two lots were
eliminated (bes>de Lot 5 and Lot 16) to avoid wetland impacts Lots have been desi ng ed to
accommodate houses without the need for wetland fill for foundations. Subdivision road
sideslopes will be 17raded as steep as possible to reduce wetland impacts To avoid wetland
impacts dr>veway easements were created for Lot 25 across Lot 26 and for Lots 7 and 8 across
Lots 8 and 9.
Updated 11/1/2005
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.
All remaining wetlands on the property will be preserved within the subdivision
covenants copy attached see Article V) Compensator mitigation for wetland im acts is
proposed as payment to the Ecosystem Enhancement Program at a ratio of 1 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/pages/inlieureplace htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Updated I1/i/2005
Page ] 0 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): 0.36
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 aNEPA/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), 1 ~A 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 multinliers_
*
Zone Impact
(s ware feet)
Multiplier Re
quired
Mitigation
I 3 (2 for Catawba)
2 1.5
Total
----- - ~~~ N.,~N~~~„~~~,a~ ,iuni uic cop or me near nanh of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Updated 11/1/2005
Page 1 I 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 acreage is 0% Proposed
impervious acreage is 23% in drainage area #1 and 14% in drainage area #2 An inventory of
ro osed impervious surfaces >;s attached Impervious acreage totals for the entire subdivision
are roads = 2.18 ac. and houses, driveways walks = 2 48 ac Total impervious surfaces - 4 66
ac./Total tract area = 25.2 ac. > 18%.
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.
Public Sewer
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:
No additional phases planned or developable areas available on this tract of land
Updated I I/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
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/?005
Page 13 of 13

List of Attachments
1. Agent Authorization Letter
2. Vicinity Map
3. USGS 7.5 Minute Topographic map (Hope Mills Quad)
4. Soil Survey of Cumberland County, NC (sheet 17)
5. Site Plan Identifying Wetland Impacts
6. Cross-Section of Road Crossings 1 and 2 (Scale 1"=50')
7. USACE Notification of Jurisdictional Determination
8. Impervious Surface Calculations
9. Wetland Preservation Document (Restrictive Covenants)
10. EEP Acceptance Letter

Feb. 23. 2006 11;36AM HAL OWEN & ASSOCIATES
No. 1138 r.
Owner Information: / ,
Name ~s-; ~l ~S d - ~ :..i~_l i S c J y ~ y, ~ ~ . 2 ~3 0
Address g 6~ 3 G Q l 0.~ , a C~ u r ~~ `~ 7~"`/
Telephone , ~'l ~ _ gd ~ _ ~6/!
Property Description:
Project Name
Church Street (SR 2996), Hope Mills
Cumberland County, North. Carolina
i ,,
I, ~ as owner of the above referenced property,
authorize US y Corps of Engineers to enter the subject property for the purpose of
wetland delineation review
I also authorize Ivlr. Hal Owen of Hal Owen 8c Associates, Inc. to act in my behalf as my
agent in processing applications for wetland certification and/or permits.
~~ 200'6
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HAI.OWEN & ASSOCIATES, INC.
286 OLD COATS RD.
P.O. BOX 400
LILLINGTON, NC 27546
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ROCKFISH TOWNSHIP CUMBERLAND COUNTY
HOPE MILLS NORTH CAROLINA
DECEMBER 2006 SCALE: 1" =100'
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CROSS SECTION OF
ROAD CROSSING #1
CROSS SECTION OF
ROAD CROSSING #2
WETLAND DELINEATION
BLAKE COMMONS SUBDIVISION
PROPERTY OF
"TIIIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY GILLIS & GILLIS INC
DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION
4p4 OF THE CLEAN WATER ACT AS DETERMINED BY THE
UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE
IN rHE LAw oR ouR PuausHED REGULATIONS, rHls PIN NO.: 0414-90-6637- - DB / PG: 7113/642
REIED UPONONFOR AEPERIOD4NOTJTO EXCEED FIVE YEARS PIN No.:0424-01-1254--DB/PG:7113/642
FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING
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MANUAL" SCALE 1" = 50' FEB. 27, 2007
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U.S. ARMY CORPS OF ENGINEERS 0 7- 1 8 8 8
s ~ WILMINGTON DISTRICT
Action Id. 2006-32609-026 County: Cumberland NoPe, Mil\s
U.S.G.S. Quad: ~aadeF
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Prop. Owner: William Witiak Jr Interested Party: Gillis & Gillis
Agent: Krissina Newcomb
Address: 269 Golden Rain Drive atn: Joseah Gillis Hal Owen and Associates Inc.
8623 Galatia Church Road Post Office Box 400
Celebration, FL 34747 Fayetteville, NC 28304
Telephone No.: Lillineton, NC 27546-0400
[phone] (9101893-8743
Property description:
Size (acres) 20.26acres Nearest Town Hope Mills
Nearest Waterway Rockfish Creek _
USGS HUC River Basin Cane Fear River
03040005 Coordinates N 34.961033W 78.934200
Location description The ro ert is located 'ust north of Rockfish Creek, adiacent to and south of Church Street, lust
south of the intersection of Baffle Circle and Church Street at PIN 0414-90-6637 in Ho a Mills Cumberland County,
North Carolina.
Indicate Which of the Followin Apply:
Based on preliminary information, there maybe wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered fmal, a
jurisdictional determination must be verified by the Corps. 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 property 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 riatP ,.frt,;~
notification.
X There are wetlands nn the ah....o ao~,._:~...a ____ . .
determination ma be relied u on fora eriod not to exceed fiveil ears from the date of this notifi ationis
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be venfied by the Corps.
X The wetlands on your nrnnprt., h.,.... ~....._ ~_.._ _ _ _
on our ro ert which rovided there is no chan a in the law or our~~ublished re ulations cma beVrelied ud on'
for a period not to exceed five years
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on .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 no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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 property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
Page 1 of 2

Action ID: 2006-32609-026
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violafion of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Lillette Granade at X9101251-4829.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Cor s Wetland Delineation Manuel
and is cart of a broad continuum of wetlands connected to Rockfish Creek a tributary of the Cane Fear River a
navigable water of the US Determmation is based on information provided by Krissina Newcomb of Hal Owen and
Associates Inc and a field v~s~t by Lillette Granade on Mav 31 2006
Remarks:
Corps Regulatory Official: %Zi~~',(,~i~ ~iA~~
Date June 8, 2006 Expiration Date June 8, 2011
Corps Regulatory Official (Initial)::??7~~'``
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2

07°1888
.~, _ T
_p~icant: Illiam Witiak, Jr File Number 2006 32609 026
Attached is.
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
PROFFERED PERMIT (Standard Permit or Letter of
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
SECTION I -The following identifies your rights and options regardirig an admirustratiye appeal of the'above ~:.
decision. Additional information maybe found at ht~p://wrvw.usace.army~miI/inet/funcfions/ew/ceevvofre~~or -~
Cotes rc~ulations at 33 CFR Part33L
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIM,: you ray appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Date: June 8, 2006
See Section below
A
B
C
D
E

_ E: _PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMIATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Geor 'a 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.
Date: Telephone number:
Signature of appellant or agent.

o7-~sss
Impervious Surface Calculations
Impervious calculations for the two (2) drainage areas for the site, as follows (the owner -Joe Gillis has
directed that the impervious area for drives/sidewalk/homes will be a maximum of 1800 sf):
Area #1 (includes Lots 16-56) & the subject paved streets that will contribute to this drainage area:
^ (41 lots x 1800 sf/lot) = 1.694 acres
^ paved streets = 1.30 acres
^ Total impervious area = 2.994 acres
^ Total Drainage Basin Area = 12.98 acres
^ % Imperious Area (Area #1) = 23.07%
Area #2 (includes Lots 1 - 15, ai
this drainage area:
^ (19 lots x 1800 sf/lot)
^ paved streets =
^ Total impervious area =
^ Total Drainage Basin Area
^ % Imperious Area (Area #2;
~d Lots 57 - 60) & the subject paved streets that will contribute fo
= 0.79 acres
0.88 acres
1.67 acres
- 12.20 acres
~ = 13.69%

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REta':LSTEF: tJF DEEDS
t:UI~IE~EF;Lf~htD CCJ. , N, r„
DECLARATION OF RESTRICTIVE COVENANTS
FOR BLAKE COMMONS
Prepared by/return to: Rebecca F. Person, P.O. Box 53606, Fayetteville, NC 28305
HIS DECLARATION OF RESTRICTIVE COVEN >~
ANTS is made this ~/ day of
2007, by GILLIS &GILLIS, INC., a North Carolina corporation, hereinafter
referred to as "Declarant";
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Cumberland County, North
Carolina( k~,n~i~own as BLAKE COMMONS, a plat of which has been duly recorded in Plat Book~~3,
Page ~~ (the "Plat") of the Cumberland County, North Carolina Registry; and
WHEREAS, Declarant desires that BLAKE COMMONS be uniform in its development and
the restrictions applicable thereto; and
NOW THEREFORE, Declarant declares that the real property described above shall be
held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the
covenants, restrictions, conditions, easements, assessments, affirmative obligations, and liens
hereinafter set forth which are for the purpose of protecting. the value and desirability of, and which
shall run with, the real property described above and be binding on all parties having any right, title
or interest in the described properties or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
(a) "Association" shall mean and refer to Blake Commons Owners Association, a North
Carolina non-profit corporation, its successors and assigns.
(b) "Common Properties" shall mean and refer to those tracts of land with any improvements
thereon which are deeded or leased to the Association. The Common Properties to be owned by
the Association at the time of the conveyance of the first Lot by Declarant to an Owner shall be (i)
the area designated as "Wetlands" on the Plat, excluding any portion of "wetlands" located within
a numbered lot; and (ii) that certain "Landscape/Common Space" shown on the Plat, together with
any easements orrights-of-way in favor of the Association, and subject to the easements and other
rights described herein or as shown on the Plat. The term "Common Properties" shall also include
any personal property acquired by the Association if said property is designated a "Common
Property." All Common Properties are to be devoted to and intended for the common use and

;_B~{~136PG0586
enjoyment of the Members, persons occupying dwelling places or accommodations of members
on a guest or tenant basis, and visiting members (to the extent permitted by the Board of Directors
of the Association) subject to the fee schedules and operating rules adopted by the Association;
provided, however, that any lands which are leased by the Association for use as Common
Properties shalt lose their character as Common Properties upon the expiration of such Lease.
(c) "Common Expenses" shall mean and include:
(1) All sums lawfully assessed by the Association against its members;
(2) Expenses of administration, maintenance, repair, or replacement ofthe Common
Properties;
(3) Expenses declared to be common expenses by the provisions of this Declaration
or the Bylaws;
(4) Hazard, liability, or such other insurance premiums as the Declaration or the
Bylaws may require the association to purchase or as the Association may deem appropriate to
purchase;
(5) Ad valorem taxes and public assessment charges lawfully levied against
Common Properties;
(6) Any other expenses determined by the Board or approved by the members to be
common expenses of the Association.
(d) "Lot" shall mean and refer to any numbered plot of land shown upon any recorded
subdivision map of the Property, as such map or maps may be from time to time amended or
modified.
(e) "Member" when used in the context of discussing the Blake Commons Owners
Association shall mean and refer to the Declarant and its designated officers, employees or agents
and all those Owners who are Members of the Association as provided in this Declaration.
(f) "Owner" shall mean and refer to the Owner as shown by the records in the Register of
Deeds of Cumberland County, North Carolina, whether it be one or more persons, firms,
associations, corporations, or other legal entities, including the Declarant, of fee title to any Lot
depicted on the Plat, but notwithstanding any applicable theory of a mortgage, shall not mean or
refer to the mortgagee or holder of a security deed, its successors or assigns, unless and until such
mortgagee or holder of a security deed has acquired title pursuant to foreclosure or a proceeding
or deed in lieu of foreclosure; nor shall the term "Owner" mean or refer to any lessee or tenant of
an Owner.
(g) "Period of Declarant Control" means the period commencing on the date hereof and
continuing until the later of (i) five (5) years after the date of the first conveyance of a Lot to an
owner other than a declarant; (ii) when a declarant no longer owns a Lot in Blake Commons or any
property added to said subdivision.
(h) "Property" shall mean and refer to Blake Commons as shown on the Plat. "Property"
shall also include future sections of Blake Commons as the same may be developed from time to
time except that such future sections of Blake Commons shall become subject to these covenants
only from and after the recording of the plat or plats for said future section(s) and the recording of
a Supplemental Declaration which incorporates by reference this Declaration and which
expressly makes the new section(s) subject to these covenants, or portions of same. The
Supplemental Declaration may contain such complementary additions and/or modifications of
the covenants and restrictions contained in this Declaration as may be necessary or convenient,
-2-

a'~1~38PG0581
in the sole judgment of Declarant, but such modification shall have no effect on the Property shown
on the Plat.
ARTICLE II
SPECIAL DECLARANT RIGHTS
Declarant reserves the following special declarant rights for the entire Property, including
any future sections of Blake Commons during the Period of Declarant Control,:
(a) To complete any and all improvements indicated on the plats and plans;
(b) To exercise any development right reserved in this Declaration, including without
limitation the right to add additional sections to Blake Commons;
(c) To construct and maintain any sales office, signs advertising the Property or any
property which may be added thereto, management office or model on any of the Lots shown on
the plat;
(d) To use easements through the Common Properties for the purpose of making
improvements within the Property or any property added thereto; or
(e) To alter the size of any Lot, combine or merge two or more Lots, to subdivide Lots
or other Property into Common Property.
ARTICLE III
UTILITIES AND UTILITY AND DRAINAGE EASEMENTS
Section 1. Declarant reserves the right to subject the Property to a contract with public utility
providers for the installation of overhead and/or underground electric cable or other utilities and/or
for the installation of street lighting, either or both of which may require an initial payment and/or a
continuing monthly payment to such public utility provider by the owner of each improved Lot.
Declarant and its successors in title may devote any Lot or portion thereof, not already sold, for any
construction and uses which it, in its sole discretion, deems necessary in order to provide the
subdivision with utilities.
Section 2. Easements for installation and maintenance of utilities and drainage facilities and
signs are reserved as shown on the Plat. Additionally, an easement measuring five (5) feet on each
side of all interior lot lines is hereby reserved for such purposes and for underground utilities. Within
these easements, no structure, planting, or other material shall be placed or permitted to remain
which may interfere with the installation and maintenance of utilities, or which may change the
direction or flow of drainage, or which may obstructor retard the flow of water. All areas indicated
as streets and easements on the Plat are hereby dedicated to public use for such uses forever
except side yard easements which are for the use and benefit of those persons and Lots as
described herein.
ARTICLE IV
USE RESTRICTIONS -LOTS
Section 1. All Lots shall be used for residential purposes only and shall not be used for any
business or commercial purposes; provided, however, that Declarant reserves the right to use any
Lot and any improvements thereon owned by Declarant as a model home with sales office. Group
homes are prohibited. No structure shall be erected, placed, altered or permitted to remain of any
of said Lots except one detached single family dwelling of not more than two and one-half stories
in height, a private garage for not more than three cars and which may contain living quarters for
occupancy by domestic servants of the dwelling owner only, and other out-buildings in the rear of
the dwelling house which may be incidental to normal residential use in subdivisions of similar
-3-

. $~713~,PG0588
category. Any such outbuildings shall be constructed of the general architectural design,
construction standards and materials used in the single family dwelling located on the Lot.
Section 2. No dwelling shall be erected or allowed to remain on any of the Lots which shall
contain a ground floor heated-area living space of less than one thousand two hundred (1,200)
square feet for aone-story single family dwelling and not less than eight hundred (800) square feet
for atwo-story single family residential dwelling. 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 living use in cold weather. In the computation of floor space, furnace room areas, garages,
carports, and porches shall not be counted. No residence or other building, and no fence, wall,
utility yard, driveway, swimming pool or other structure or improvement, regardless of size or
purposes, whether attached to or detached from the main residence, shall be commenced, placed,
erected or allowed to remain on any building Lot, nor shall any addition to or exterior change or
alteration thereto be made, unless and until building plans and specifications covering the same,
showing the nature, kind, shape, height, size, materials, floor plans, exterior color schemes with
paint samples, location and orientation on the building Lot and approximate square footage,
construction schedule, on-site sewage and water facilities, and such other information as the
Declarant shalt require, including, if so required, plans for the grading and landscaping of the
building Lot showing any changes proposed to be made in the elevation of surface contours of the
land, have been submitted to and approved in writing by the Declarant and until a copy of all such
plans and specifications, as finally approved by the Declarant have been lodged permanently with
the Declarant. The Declarant shall have the absolute and exclusive right to refuse to approve any
such building plans and specifications and Lot-grading and landscaping plans which are notsuitable
or desirable in its opinion for any reason, including purely aesthetic reasons connected with future
development plans of the Declarant of said land or contiguous lands. In passing upon such building
plans and specifications and Lot-grading and landscaping plans, the Declarant may take into
consideration the suitability and desirability of the proposed construction and of the materials of
which the same are proposed to be built to the building Lot upon which it proposes 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 appearance of
such construction as viewed from neighboring properties. In the event the Declarant fails to
approve or disapprove such building plans and specifications within thirty (30) days after the same
have been submitted to it as required above, or the foundation of the building has been completed
and approved by the local building inspection department, the approval of the Declarant shall be
presumed and the provisions of this paragraph shall be deemed to have been complied with.
However, no residence or other building, structure or improvements which violates any of the
covenants and res#rictions herein contained or which is not in harmony with the surrounding
neighborhood and the existing structures therein shall be erected or allowed to remain on any part
of a Lot. All driveways shall be constructed of concrete.
Section 3. All structures on any of said Lots shall comply with (i) a front setback of thirty (30)
feet, a side yard setback of five (5) feet, a side street setback of fifteen (15) feet, and a rear yard
setback of thirty-five (35) feet; (ii) the Cumberland County, NC, ordinances with regard to all set-
back requirements, and (iii) setback requirements as are set forth on the Plat. For the purposes of
these covenants, eaves, steps, overhangs and chimneys shall not be considered as a part of the
building, provided, however, that this shall not be construed to permit any portion of any
improvement on a Lot to encroach upon another Lot. When consistent with the zoning ordinance,
the building line setback as provided for in the paragraph may be varied by (i) the Declarant so long
as the Declarant owns any Lot in the subdivision herein described, or (ii) as much as ten (10)
percent with the express written consent of the Declarant, which said consent document need not
be on record in the Office of the Register of Deeds of Cumberland County, North Carolina.
-4-

g~~~3~P60589
The side line restrictions shall not apply to detached garages located within the rear one-
fourth of the Lot. The building line of such detached garages shall not be less than five (5) feet from
a side line and not less than five (5) feet from the rear line.
Section 4. No chain link fence or solid panel fence or wall shall be erected or maintained
nearer to any street than the principal dwelling structure or nearer to any street than the set back
line on any vacant lot, but ornamental fences not to exceed three (3) feet in height may be erected
in such area. In no event shall a fence or wall higher than eight (8) feet be erected or maintained.
Any hedge shall comply with Section 7.23 of the Cumberland County Code as to height. No statue
or monument shall be erected or maintained on any front yard.
Section 5. No external antenna used for the purpose of transmitting or receiving audio or
visual signals shall be erected or maintained upon any Lot, such antennas to include but not be
limited to satellite dishes exceeding 36 inches in diameter. Satellite dishes of 36 inches or less in
diameter are allowed but have to be located no closer to the front of the Lot than the rear corner of
the dwelling.
Section 6. No sign or signs other than a "For Sale" or "For Rent" sign shall be displayed on
any Lot.
Section 7. No automobile or motor vehicle may be dismantled or stored on said property;
and no mechanically defective automobile, motor vehicle, mechanical machine, or machinery, shall
be placed or allowed to remain on said property for over ten [10] days. Notwithstanding the above,
these restrictions shall not apply if such vehicle is kept in an enclosed garage and out of sight from
the street. Commercial vehicles, camper trailers, and/or boats shall be stored at the rear of the
residence and shall be within the yard set-backs. If more than two of the above non-private
vehicles, trailers or boats are stored on any Lot, they shall be screened from view of other Lots. No
tractor-trailers or buses shall be permitted on any Lot.
Section 8. No trailer, tent, shack, garage, barn or similar type outbuilding shall be placed,
erected or allowed to remain on any Lot without the written consent of Declarant, its successors or
assigns. Nor shall any structure of a temporary character be used as a residence temporarily,
permanently or otherwise.
Section 9. Only break-away mailboxes may be constructed in the subdivision; it being the
intention of the Declarant to preclude the erection of permanently constructed mailboxes in the
North Carolina State. Right-of-Way areas.
Section 10. It is understood and agreed that these restrictions are made for the mutual
benefit of the grantors and grantees and any and all subsequent grantees, and all such parties shall
be deemed to have a vested interest in these restrictions and the right to enforce same.
Section 11. The invalidation of any one or more or any part of any one or more of the
covenants and conditions set forth herein shall not affect or invalidate the remaining covenants or
portions thereof.
Section 12. No animals or poultry of any kind, except common pets, shall be placed or kept
on any part of the premises. No household pet maybe kept, bred or maintained for any commercial
purpose. All dogs kept on any Lot must be kept in a fenced area or leashed at all times while
outside the dwelling located on any Lot.
-5-

.e~c~ ~ 36~~0~9°
Section 13. Any Lot upon which a dwelling is erected must have a concrete driveway
constructed from the right of way line upon which the dwelling fronts, or in the case of corner lots,
either fronts or borders on the side to the side of the dwelling.
Section 14. Each Lot Owner covenants and agrees that he will control the noise level
emanating from any activities on the Lot at a reasonable level. The Lot Owner shall not allow the
noise level to become a nuisance or to otherwise interfere with adjoining Lot Owners' reasonable
use of their Lots.
ARTICLE V
USE RESTRICTIONS -WETLANDS
Section 1. The areas depicted on the Plat (as defined above) as "Wetlands" 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:
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 ortemporary 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; or
F. Graze or water animals, or use for any agricultural or horticultural purpose.
Section 2. This covenant is intended to ensure continued compliance with the mitigation
conditions 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 in ARTICLE VI is to run with the land and
shall be binding on the Declarant, and all parties claiming under it.
Section 3. Notwithstanding the provisions of ARTICLE IX, Section 2., this ARTICLE V
cannot be amended without the express written consent of the U.S. Army Corps of Engineers,
Wilmington District.
ARTICLE VI
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Every Owner shall be a Member of the Association. The Declarant acting
through its designated officers, employees and agents shall be a Member of the Association. In the
case of multiple ownership of any Lot, each Owner shall be a Member, subject to such limitations
and fees established by the Declarant.
Section 2. The Association shall have one type of regular voting membership. Each
Member shall be entitled to one (1) vote for each Lot which he owns. The vote for such Lot shall
be exercised as they determine, but in no event shall more than one vote be cast with respect to
any Lot. If a residence is constructed on more than one Lot, the Owner shall have one vote for the
residence, but shall have no additional vote for each other Lot comprising a part of the total
consolidated home or building site so long as such Lot remains a part of the consolidated site.
Section 3. The Association shall be governed by a Board of Directors consisting of three
-6-

ail 7 36PG059 ~
(3) members, with the number in subsequent years to be determined as provided for in the By-Laws
of the Association. The Declarant shall have the right to appoint and remove all three (3) persons
on the Board and to appoint and remove all officers of the Association during the Period of
Declarant Control
Section 4. Each Member shall be entitled to as many votes as equals the number of votes
he is ordinarily entitled to multiplied by the number of Directors to be elected, but may not cast all
of such votes for any one (1) Director and must distribute them among the number to be voted for,
and all votes must be cast in whole numbers and not fractions thereof. It is the intent of this Section
to prohibit cumulative voting.
ARTICLE VII
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Subject to the provisions of these Covenants, the rules and regulations of the Association,
and any fees or charges established by the Association, every Member and every tenant and guest
of such Member shall have a right of easement of enjoyment in and to the Common Properties and
such easement shall be appurtenant to and shall pass with the title of every Lot. This appurtenant
easement cannot be separated from or conveyed separately from fee simple title to the Lot. The
privilege granted to guests and tenants of Members to use and enjoy the Common Properties is
subject to the following:
(a) the right of the Association, in accordance with its Bylaws, to borrow money for
the purpose of improving and/or maintaining the Common Properties and providing services
authorized herein and in aid thereof to mortgage said properties;
(b) the right of the Association to take such steps as are reasonably necessary to
protect the above-described properties against foreclosures;
(c) the right of the Association, as provided in its By-laws to suspend the rights and
easements of enjoyment of any Member, or any Tenant or Guest of any Member, for any period
during which the payment of any assessment against property owed by such Member remains
delinquent, and for any period for any infraction of its published rules and regulations, it being
understood that any suspension for either nonpayment of any assessment or a breach of the rules
and regulations of the Association shall not constitute a waiver or discharge of the Member's
obligation to pay the assessment;
(d) the right of the Association to charge reasonable admission and other fees for
the use of the Common Properties and any facilities included therein;.
(f) the right of the Declarant or the Association by its Board of Directors to dedicate
or transfer to any public or private utility, utility easements on any part of the Common Properties;
and
(g) the special Declarant rights reserved herein.
ARTICLE VIII
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1. The Declarant, for each Lot owned within the Property, hereby covenants, and
each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed
-7-

8~t~ 136t'~O~g2
in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments
or charges which are Common Expenses; (2) special assessments for extraordinary maintenance
and capital improvements; and (3) to the appropriate governmental taxing authority, a pro rata share
of assessments for public improvement to the Common Properties if the Association shall default
in payment thereof. The annual and special assessments, together with interest and costs, and
reasonable attorney's fees for collection, shall be a charge on the land and shall be a continuing lien
upon the Lot against which each such assessment is made. Each such assessment, together with
interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person
who was the Owner oessmen~s shalenot pass to h s successorstin tit euunless expressly asl s med
for the delinquent ass
by them.
The Association shall also have the authority, through the Board of Directors to establish,
fix and levy a special assessment on any Lot to secure the liability of the Owner thereof to the
association arising frohe exaendbure of tO enandfmoney or bothvlby the AssocDa onrtoioepahi h
breach shall require t p
remedy.
Each Owner covenants, for himself, his heirs, successors and assigns, to pay each
assessment levied by the association on the Lot described in such conveyance to him within ten
(10) days of the due date as established by the Board, and further covenants that if said
assessment shall not be paid within thirty (30) days of the due date, the payment of such
assessment shall be in default and the amount thereof become a lien upon said Owner's Lot as
provided herein and shall continue to be such lien until fully paid.
Section 2. The assessments levied by the Association shall be used exclusively for the
paying of Common Expenses and for the use and enjoyment of the Common Properties, together
with reasonable and prudent reserves, including but not limited to, the cost of repairs, replacements
and additions, the cost of labor, equipment, materials, management and supervision, the payment
of taxes and public assessments assessed against the Common Properties, the providing for
limited access to the property, the procurement and maintenance of insurance in accordance with
the Bylaws or as deemed appropriate by the Board, the employment of counsel, accountants and
other professionals for the Association when necessary, and such other needs as may arise.
Section 3. The initial annual assessment for Common Expenses shall be in an amount not
to exceed $ annually based on the calendar year; such annual assessmentfor each
Lot shall commence on the first January following the first sale of the Lot with a completed
residence thereon ("First Sale"). Thereafter, the Board of Directors shall fix the annual assessment.
Section 4. Any assessment not paid within thirty (30) days after the due date shall be
delinquent, in default and shall bear interest from the due date at the rate of eighteen (18%) per
annum. The Association may bring an action at law against the Owner personally obligated to pay
the same plus interest, costs, late payment charges and reasonable attorneys' fees, or foreclose
the lien against the Lot. No owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Elements or abandonment of his Lot. The lien
herein granted unto the Association shall be enforceable pursuant to Article 2A of Chapter 45 of the
General Statutes from and after the time of recording a Claim of Lien in the Office of the Clerk of
Superior Courtin the County in which the Property is located in the manner provided therefore by
Article 8 of Chapter 44 of the North Carolina General Statutes
-8-

gt{~ ~ 36P60593
ARTICLE IX
GENERAL PROVISIONS
Section 1. So long as Declarant is an owner of a Lot shown on the plat, Declarant, 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 these Restrictive Covenants. Failure by the Declarant or by any Owner to enforce any covenant
or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. These Restrictive Covenants shall run with and bind the land, and shall inure to
the benefit of and be enforceable by the Owner of any Lot subject to these Restrictive Covenants,
their respective legal representatives, heirs, successors and assigns. These Restrictive Covenants
may be amended (i) by an instrument executed by Declarant as long as it is the owner of a Lot in
said subdivision; or (ii) by a written recorded instrument signed by Owners of Lots to which at least
seventy-five percent (75%) of the votes in the Association have been allocated; provided, however
that any amendment effected pursu hts oo developer rights Y not diminish or affect the Declarant's
right to amend, special declarant rig
Section 3. In the event of any conflict between the provisions of these Covenants and any
applicable provisions of the Cumberland County Ordinance, the provisions of the Cumberland
County Ordinance shall control.
IN WITNESS WHEREOF, Declarant has caused this instrumentto be executed the day and
year first above written.
GILLIS &GILLIS, INC.
r
By:
me: J eph H. Gillis
Title: President
NORTH CAROLINA
CUMBERLAND COUNTY
I certify that the following person(s) personally appeared before me this day and I have
personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the
principal's identity, by a current state or federal identification with the principal's photograph in the
form of a driver's license or a credible witness has sworn to the identity of the principal(s); each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: Name of Pri~ipal: Joseph H. Gil
f~~o h c? r 31 aoo~ ,~-~.~~-K-e~ ~ ~
Date: Notary Public
I/~ 0. (...L WiS
Printed or Typed Name of Notary Public
~` 1 D a D 11 `~~~~nlnllrrr//~~,,
My commission expires:-% ~ \~~~o\PNNE LF~~~~~'
.4 ~OTARy
" C V =
-9
i~~~~i9''4ND CoJ?```~~~
///tlI 1111111

Y
osstem
PROGRAM
November 1, 2007
Joe Gillis
8623 Galatia Church Road
Fayetteville, NC 28304
Project: Blake Commons Subdivision
07-1888
Expiration of Acceptance: May 1, 2008
County: CUMBERLAND
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation For project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved,
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 PernatJ401 Certification/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 mitigation 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 (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0.36 0 0 0 0
Credits 0 0 0 0.72 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need Eo submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Ronnie Smith, USACE-Wilmington
Kris Newcomb, agent
File
Sincerely,
Wi m D. Gilmore, PE
Director
ZZ.P.StDY(.>~... ~ ~ ... ~YDt2Gtl.~C~ OGGY StatP~
1~CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nceep.net