HomeMy WebLinkAbout20051778 Ver 1_Complete File_2006051804/,20/2006 14:33 9104966610
(KR SEAL)
60 .,
.. 018419
NORTH 'CAROLINA )
CUMBEI U AND COUNTY )
KRB HOME BDRS PAGE 02
BK72IOPG790
RECEIVED
4-20-2006 PM i:4eg3i
J. LEE WARRCN JR.
REGISTER OF DEEDS
CUMBERLAND CO., N. C.
SECOND AMENDED DECLARATION OF
COVENANTS, CONDITIONS AND
RESTRICTIONS
T118 DECLARATION, Made this loth day of April, 2.oo6, by B & B Land
DevelopE.rs, LLC. of Cumberland County, North Carolina, hereinafter referred to as
"DEVEL)PER". Pursuant to Article III, Section 4 of the original Declaration of
Covenan :s and Restrictions, as amended, recorded in Deed Book. 7130, Page 778 of the
North Q rolina Registry.
wr1 wm :
M HEREAS, DEVELOPER is the owner of certain property near the City of
Fayettev Ile, in Rockfish Township, County of Cumberland, and State of North Carolina,
known a -, Allendale, which is more particularly described as:
N Wt THEREFORE, DEVELOPER hereby declares that all of the properties
describer! above shall be held, sold and conveyed subject to the following easements,
restrictic ns, covenants, and conditions, which are for the purpose of protecting the value
and deli -ability of, and which shall run with the real property and be binding on all
parties h wing any right, title or interest in the described properties or any part thereof,
their hei- s, successors and assigns, and shall inure to the benefit of each owner thereof.
The afor- said restrictive covenants are set forth herein as follows:
. ARTICLE I
DEFINITIONS
So -ch'on i. "Owner" skull mean and refer to the record owner, whether one or
more pe rsons or entities of a fee simple title to any lot(s) which is a bait of the
Propertif s, including contract sellers, but excluding those having such interest merely as
security , or the performance of an obligation.
Se ;ctlon 2. "Properties" shall mean and refer to any plot(s) of land shown upon
any recoi d subdivision map of Properties.
SG -ction g. "Lot(s)" shall mean and refer to any plot of land shown upon any
record st bdivision map of the Properties. \\
04/,20/2006 14:33 9104866610 KRB HOME BDRS PAGE 03
BK72IOPG79I
ARTICLE II
USE RES'TRICT'IONS
i, Laud Use. Said lot(s) shall be used for residential purposes only, and' shall
n )t be used for any business or commercial purposes. No structure shall be
e: -ected, placed, altered, or permitted to remain on any such lot(s) other than one
d -,tacked single family dwelling, not to exceed two and one-half stores in height, a
p avate garage, but for not more than three automobiles, and such other
o.itbuildings as may be reasonably appurtenant to the dwelling, provided that the
s: tree are constructed in line with the general architectural design and
e mstruction. standards used in the dwelling itself. Except a store bought pre-
f. ibricated building be erected to the rear of the dwelling structure so long as the
a pplicable Lot(s) or Lot(s)s is properly enclosed with permanent fencing,
2. Building Type. No dwelling shall be erected or allowed to remain on any of
tie said lot(s), which shall contain, a heated area living space of less than 2,000
s juare feet. Heated-area living space shall mean the ordinary living space in the
I ouse, which is designed and constructed so as to be capable of being heated for
r -,gular living use in cold weather. In the computation, of floor space furnace
r 3om areas, garages, and porches shall not be counted.
C .. set Haack Requirements. The building line of any dwelling house or the
I uildings appurtenant thereto constructed on any of said lot(s)s shall not be less
t 'an thirty (30) feet from the street line on which the dwelling house fronts or
l = than five (5) feet from either side, line (where a corner is involved, "front
1 it(s) line" shall be deemed to be that line toward which the main structure
f rants), less than fifteen feet from the street line of a side street if the property is
c n a corner and/or less than five (5) feet from the rear property line. In those
1 astmees where the above setback distances are exceeded by any governmental
zoning authority, the setback distances shall increase to the zoning authority's
O stances unless the owner acquires permission for variances from said zoning
1 Body or an appropriate board of review. In no instance will buildings be allowed
(loser to property lines than the above noted distances even if zoning ordinances
I ermit lesser distances. In the event property owned by one property owner shall
consist of more than one lot(s), his lot(s) limes, for the purposes of this paragraph,
hall be the outside perimeter of the entire contiguous tract owned by that
I ?roperty owner.
?. Buildings. No buildings may be constructed having an exterior wall finish of
s L material of concrete or cinder block type or be finished in asbestos siding
hingles. No buildinng of any kind shall be moved from any other place onto any
of the said lot(s)s or from one lot(s) onto another within the Subdivision.
2
04/.20/2006 34:33 9104866610 KRB HOME BDRS PAGE 04
BK72 i OPG792
5. Batting Cage. No "Batting cage" or similar recreational or structural item
sh all be placed or allowed to remain on the property.
6. Driveways. All driveways shall be constructed only of concrete or asphalt.
7. Landscaping. All lot(s)s will be properly graded and either seeded or sodden
with shrubbery and bedding materials.
8. Temporary Structures. No trailer, tent, shack, garage, barn, outbuilding or
similar type temporary structure shall be placed, erected or allowed to remain
on said property without written consent of the developer. Nor shall any
structure of a temporary character be used as a residence temporarily,
permanently, or otherwise.
9. Restricted Activities. No commercial, noxious or offensive trade or- activity
shall be carried on upon any plot(s), nor shall anything be done which may be
or become an annoyance of nuisance to the neighborhood.
1c. Anin als. No animals, livestock, or poultry of any kind shall be raised, bred
or kept on any lot(s), except dogs, cats or other household pets may be kept,
provided, that they are not kept, bred or maintained for any commercial
purposes. All animals shall be kept and maintained in compliance with the
Cumberland County leash law". Any doghouse or dog containment structure
or system must be located to the rear of the main structure. NO such
permitted dog house or dog containment structure or system skull be placed,
erected or maintained nearest to any street that the rear or side of the
principal dwelling structure on the improved lot(s)s or nearest to any street
that the setback line on any vacant lot(s) or nearest to any street than fifty
feet. On corner lot(s)s, no doghouse or dog containment structure or system
shall be placed any closer to the street than the back, rear corner of the
prixcipal dwelling structure on improved lot(s)s. Furthermore, No dangerous
dogs shall be permitted on the premises. Dogs, cats and other household pets
shall be permitted on all lot(s)s, provided (x) not more than five (5) pets can
be kept and maintained upon any lot(s), and (2) said pets must be kept under
proper supervision and control so as to not cause or create a nuisance or
menace to others, and (3) said pets must be kept on the lot(s) of their owner
and must not be allowed to go upon the property of others or to run free and
unrestricted upon the streets of the Property. Any dog pens or any fenced area
housing a dog must be located behind the maim structure and must be located
within sixty (60) feet of the main structure. No barns, stables or other
outbuildings for the purpose of maintaining horses, hogs, or other livestock or
poultry shall be permitted on any Lot(s).
11. Motor Vehicles. No automobiles or motor vehicle may be dismantled or
repaired on said property. No mechanically defective automobile, motor
vehicle, mechanical device, machine, machinery, or junk car shall be placed or
04420/2006 34:33 9104866610 KRB HOME BDRS PAGE 05
BK72!OPG793
allowed to remain on said property at any time. No commercial trucks, with
the exception of not more than two full size commercial pick up truck, shall be
permitted to be parked on the premises except in the course of delivery, pick-
up, or discharge of a specific commercial duty. No tractor-trader trucks to be
parked or to stay overnight on the street or in the yard except moving vans
that are conducting business. Adequate off-street parldng shall be provided by
the owner of each building site for the parking of automobiles owned by such
owner. Owners of building sites agree not to park their automobile on the
streets in this subdivision. No automobile or motor vehicle may be dismantled
or repaired on said premises. No mechanically defective automobile, motor
vehicle, mechanical device, machine, machinery or junk car shall be placed or
allowed to remain on said property at any time. No commercial trucks,
including but not limited to eighteen wheelers, shall be permitted to be
parked on the premises except in the course of delivery, pick up, or discharge
of a specific commercial duty. No automobile or motor vehicle shall be
parked in the street or public right of way.
x-e. Fences. No fence measuring more than forty-five (45) inches from the
ground shall be erected or allowed to remain upon any numbered Lot(s); a
chain link or wrought iron fence, measuring no more than forty-eight (48)
inches from the ground or a Privacy fence measuring no more than seventy-
two (rye) inches from the ground may be erected in the area between, the rear
of the house and the rear property line. Furthermore, no fence may be placed
on any lot(s) with out the prior approval of the Developer, said approval being
solely at the Developer's discretion.
i4 . Storage Receptacles. No fuel tanks or similar storage receptacles may be
exposed to view, and may be installed only within the main dwelling house,
within an outbuilding or buried underground or screened so as not to be
visible from the public street.
i,z .. Water and Sewer Systems. All sewage shall be disposed of by septic tanks
approved by the State Board of Health and the Cumberland County Health
Department until such time as a regular sewage system becomes available.
No liquid waste of any description shall be drained, dumped or disposed of in
any way into open ditches or watercourses. Lot(s) Owners, shall provide
receptacles for trash and garbage in a screened area not generally visible from
adjacent properties or shall provide underground garbage receptacles. No
trash may be piled on the lawn, streets or gutter areas and allowed to remain
more than forty-eight (48) hours. All water and sewage systems shall be
installed and maintained in conformity with the requirements of the
Cumberland County Heath Department, and shall be inspected and approved
by same.
4
04/20/2006 14:33 9104866610 KRB HOME BDRS PAGE 06
BK72 ! OPS794
i . Garbage, Refuse, and Debris. It shall be the responsibility of each lot(s)
owner to prevent the development of any unclean, unsightly, unhealthy or
unkept condition of buildings on grounds on the property, which shall tend to
substantially decrease the beauty or usability of his lot(s) or adjoining lot(s).
All lot(s) shall a kept clean and free of garbage, junk, trash, debris, and any
substance, which might contribute to a health, hazard or the breeding and
inhabitance of snakes, rats, insects, or other pests and vermin. Each lot(s)
owner shall provide receptacles for garbage in an area not generally visible
from the public street, or provide underground garbage receptacles or similar
facilities in accordance with reasonable standards. Furthermore, during the
period of construction, of the house, the lot(s) owner and the approved
contractor need to keep the Lot(s) in a neat appearance, free of unsightly trash
or waste. The Lot(s) shall be left each day in a neat and orderly condition.
iF Satellite Dishes and Radio Antennas or Towers. No radio tower or
antenna of any nature shall be placed or allowed to remain on said property.
No satellite dish antenna larger than eighteen (18) inches in diameter shall be
placed or allowed to remain on said property. No permitted satellite dishes
shall be installed in such a manor or location so as to be visible from the front
of any Lot(s).
x; Signs. No signs or billboards of any kind or nature whatsoever shall be placed
on the property, except as specifically set forth in this section. The only
f. permitted signs on the property shall be; (i) Developer's signs identifying and
promoting the subdivision; and (2) one "For Sale" or "For Rent Sign" of not
larger of eight (8) square feet in area may be placed on a. Lot(s).
if'.. Right of Way. The right away for streets as shown on recorded plat shall not
be used for any purpose other than ingress and egress and placement of one
mailbox on a break away pole for each lot(s) as shown on the plat Any
shrubbery, edging, fencing, rocks, basketball goals or other objects placed in
the right of way (the area between the front property corners and the actual
pavement) may be removed by the developer without notice. Any trucks or
other commercial vehicles left in a right of way overnight may be removed
without notice and any towing charges shall be their responsibility of the
owner or operator of such vehicle.
xc ,. Partition or Re-subdivision. No lot(s) in the subdivision shall be
partitioned divided, or resubdivided, except for the purpose of adding all or a
portion of said lot(s) to an adjacent lot(s), in which instance that portion of a
lot(s) which is added to an adjacent shall be and become merged into and a
part of a lot(s) which it is added, for all purposes set forth in this Declaration.
In such an instance, the outside boundaries of the combined property shall be
deemed to constitute the front, side, and rear lines of a single lot(s)-for the
purposes of these Restrictive Covenants. In no instance, however, shall any
structure permitted by these Restrictive Covenants be placed upon property
5
04/.20/2006 34:33 9104866610 KRB HOME BDRS PAGE 07
8K12I0PGI95
compromised on combined portions of one or more lot(s)s unless the outside
dimensions thereof are at least equal to the smallest lot(s) depicted and
described upon the recorded plat of the Subdivision.
2c improvements. No improvements, wall, walk, edgings or other
construction of any sort using brick, block or similar material used separately
or in combination, may be placed or allowed to remain on any numbered
lot(s) unless laid with mortared joints by a professional bricklayer engaged in
the business of laying brick or doing masonry construction work except by
prior written approval of the developer. All outside foundations shall be of
brick, with the exception of what may be under ground. No residence or
structure using exposed cinder block wall shall be placed upon said property.
Except block with parged finish.
21. Construction Material. All dwellings and permitted structures erected,
placed or altered on any Lot(s) shall be constructed of material of good grade,
quality and appearance, and all construction shall be performed in good
workmanship manner and duality. The exterior of all dwellings and permitted
structures skull be natural wood, concrete board, stone, brick, Masonite or
Vinyl siding. No dwellings or permitted structures on any Lot(s) shall have an
exterior construction of concrete blocks, asbestos or asphalt siding.
22. Easement. Easement for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat. Within these
easements, no structure, planting or other materials shall be placed -or
permitted to remain which may interfere with the installation and
maintenance of drainage, or which may obstruct or retard the flow of water.
All areas indicated as streets and easements on the recorded plat are hereby
dedicated to public use for such uses forever.
23. Exterior Alterations. No exterior addition to or change or alteration
thereof may be made to the existing structures on a lot(s), unless said addition
or alteration shall be made in conformance with the adjacent property.
24. Utilities. The Developer reserves the right to subject the real property in this
subdivision to a contract with Progress Energy, or any other utility company
approved by the North Carolina Utilities Commission for the installation of
underground electric cables and/or the installation of street lighting, either or
both of which may require an initial payment and/or continuing monthly
payment to Progress Energy or such other utility by the Owner of each lot(s).
All Owners shall be responsible for the payment of all monthly fees and other
associated costs, including maintenance, arising from said streetlights to
Progrest Energy or any other applicable utility company. '
6
04120/2006 14:33 9104866610 KRB HOME BDRS PAGE 08
BK12!OPG196
2, 5. CONSERVP ITON EASEMENT (Lots 37 thrU 41 and Lots 68 thru 71
and Lots 73 and 74, AS DELINATED ON THE RECORD PLAT OF
THE ALLENDALE SURVISION, RECORDED CONCURREN'T'LY
HEREWITH). The areas shown on the recorded subdivision map (the
"Plat') [the Plat, entitled AT, NDALE, SECTION ONE, dated January 26,
2oo6 and recorded in a Cumberland County Register of Deeds at Plat Book
1 IW, Page I S l as conservation easements 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 easement.
a. Full, grade, evacuate or perform any other land disturbing activities
b. Cut, mow, burn remove, or harm any vegetation
c. Construct or place any roads, trials, walkways, buildings, mobile
homes, signs utility poles or towers, or any other permanent or
temporary structures
d. Drain or otherwise disrupt or alter the hydrology of drainage ways of
the conservation easement
e. Dump or store soil, trash or other waste
f Graze or water animals, or use any agricultural or horticultural purpose
Tits covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
A. nerica, U.S. Army Corps of Engineers, Wilmington District, Action ID, and
tl erefore may be enforce by the United States of America. This covenant is to run
w ith the land, and shall be binding on Developer and/or any applicable Owner(s),
ai A all parties claiming under them.
ARTICLE III
GENERAL PROVISIONS
1. Any owner shall have the right to enforce, by any proceeding at law or in
equity; all restrictions, conditions, covenants, and reservations, imposed by the
provisions of this Declaration. Failure 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. '
7
04/,20/2006 14:33 9104866610 KRB HOME BDRS PAGE 09
8!(7 2 I OPG791
2. Invalidation of any one of these covenants or restrictions by judgment or court
a'der shall in no wise affect any other provisions, which shall remain in full force
a id effect.
3 The covenants axed restrictions of this Declaration shall run with and bind the
1<,nd, and shall inure to the benefit of and be enforceable by the owner of any
lot(s) subject to this Declaration, their respective legal representatives, heirs,
sjccessors and assigns, for a term of twenty (ao) years from. the date this
L ,eclaration is recorded, after which time said covenants shall be automatically
e Mended for successive periods of ten (10) years. The covenants and restrictions
c f this Declaration may be amended during the first twenty (20) year period by
a ny instrument signed by not less than ninety percent (90%) of the lot(s) owners,
a nd thereafter, by an instrument signed by not less than seventy-five (75%)
I ercent of the lot(s) owners, provided, that no amendment shall alter any
c bligation to pay ad valorem taxes or assessments for public improvements. Any
s mendxment must be properly recorded.
c .. Amendment. It is understood and agreed and the present owners and all
ubsequent Grantees of present owners expressly agree by the acceptance of land
z dthin the above described subdivision area that the covenants and restrictions of
t he Declaration shall run with and bind the land for a term of twenty (ao) years
i eom the date the Declaration is recorded, after which time they shall be
utomatically extended for successive periods of ten (xo) years.
Notwithstanding, anything contained herein, these restrictive covenants may be
) annded at any time by the developer so long as the
2of developer
i-t owns (eany one
ntitled
l ot(s) contained in subdivision; however, Paragraph 5
ONSERVATION EASEMENT) cannot be amended by Developer of any other
])arty without the express written consent of the U.S. Army Corps of Engineers,
`Nilmington District.
;;. Enforcement. If the parties hereto, or any of them or their heirs or assigns shall
dolate or attempt to violate any of the covenants herein, it shall be lawful for any
ether person or persons owning real property situated in said covenants either to
)revent him or them from so doing or to recover damages or other dues for such
-isolation.
.5. Severability, Invalidation of any one of these covenants or restrictions by
, udgment or court order shall in no way effect any other promions, which shall
remain in full force and effect.
7. Zero Lot(s) Line Development. It is the intent of the developer that some or all
3f the properties described herein yof the developed
Cumberland County Code line
ace
3evelopment. The applicable proms ions
incorporated herein by reference,
ARTICLE V
CONFLICTING PROVISIONS
04120/2006 34:33 9104866610 KRB HOME BDRS PAGE 10
BK12IOPG198
T,) the extent the provisions of tbis Declaration conflict with any applicable
p3 .ovisions of the Cumberland county ordinance of the North Carolina General
Si atute, the conflicting provisions of the County ordinance and /or North
CG wolina General Statute shall control.
111 WrMsS wHEREOV, the DMLOPER herein, have caused this Declaration
to be sig aed, the day -and year first above written.
B & B Land Developers, LLC.
BY:
President
9
P.4/20/2006 34:33 9104866610 KRB HOME BDRS PAGE 11
BK72!OPG199
STATE C F NORTH CAROLINA
CUMBEI U AND COUNTY
I,_ U2 LkX Se-- , a Notary Public of said County and
State, do hereby certify that C ?° .S = personally came before
me this day and acknowledged that he/she is the President of KRB Home
Builders Inc., a North Carolina corporation, and that by authority duly given and as act
of the co) poration, he signed the foregoing instrument. ?0-
?h A0riG
W itness my hand and official seal, this theme day of4l , 2006.
otary Public
OJ\??,,g y,??rr'
My coma ii.ssion expires: A?D
(N.P. Seal) ,- v : • ''•`cF
' NOTARY
?C=
(JBLX
,rrrF,?C•••........•? v
,
fir' ANO c+`.,Q?`
4111111+111"1
10
A
.q
APf? dP
yql
C RO \_
4d >\,
0 •\
20 .\
Sq' •\
P?
N/F
CALVN GRAHAM
4P DR 2363. F
PIN: 0485-T
VICINITY MAP (NTS)
HARVEY H. ALLEN, Ret•IStered Land
Surv )•ar, he..c.oL. r••<t:fy :n a -'o•. anct
=.eh ...5. 9.-30 :l:) a t^.a t?Yn!sr
- - ai.a:vsicn c' and
- _if.:f:y t tahas a nr n - tiiCetii
+ck
SURv
LEGEND
N/F
NA.OTTIE P. CRUMPLER
LIFE ESTATE
DB 4721, PG 308
PIN: 0485-85-0702
' N/F
DOROTHY 0. MCMILLAN
& HUSBAND HARVEY L
e •'l ': UFE ESTATE
DR 3550. PG 392
PIN: 0485-85-1770
^V a` i N/F
JAMES C. BADWIN JR. l
yr??t-? OB 2840, PG 751
PIN: 0485-85-2782 ..
.. ,
$3
?O ?`F. ` I.IG C`F r /O
N/F
GENE G. BARNES
& WIN HEN W. BARNES
DS 1129, PG 445
PIN: 0485-77-1829
CAt?L:NA
C. UPSS::k A4'i is E,UN't'!
i. HErtRVCY H, A1. i. E:^:, ct+'!if y, :.at
^ a•?tVal ;; ref -ad`a u.^.d. ny ?
suce:-v!zi„>,. 'eca aa.,d descrn t:anr .? '
ded ;n Huck Pc Be t^.a; J
e r >:: of { __-cn a>: cclc.,a;:.ti
cfc:?t [,?4e5
t -6 -F .,-,- ;I
s'af?ata«?>?cd re ,-
n?fwnd;:.ne.books r r;: s!d,
o a x lr: `a ;rdanC4?-?
y1t1: c a
GS :•.">i0 v rl•d. c. r:y
hcr.5 -1 H--his20th day ma'_r n?r'i
A.D., 2055. taytists3ut::,r7j
t
_..LCrm'v`•.4re.Q.^`iC••*•l•,+..e,< may'
Regs'rot=on Nc
°°4AYitltAl if ittttit?\``\
N/F
CALVIN GRAHAM JR.
DB 0716, PG 349
PIN: 0485-65-3833
CON-ROE
N/F
CA92, P & WIFE
08 20092,
08 557
PIN: 0485-85-6718
NC::"S
.. ?. H.e:e is o h,>^,:izar.tai ;entrG,
thin 000 fe L.
rn NanC:xe?or.-.i: tc: s u:.turps' here r
r. r^.?o ten ry t - ;:,pd:v:;:an'
3. AcEea?e de'ern:r.+o.iay cc..rana _e
:a t;nn.
4. ErJn Sf C?.?5 C: .... v erty
_.. He?derePe. encas: 34 i6 ?2'/i, a3-a'><OUI,
5D(I82P9.
fi. at rr. fer 4;^:/£'S, 51 /19
7.
37
3:3 c
`:-t: '.% a - 5 3?:6 ac.'es.
Fr<*pased Eas 514 c"
E. ExES::+,q CPiL.te _ zc - O.?H2t•c. ?
>. 79 Le:., r-.e ergo za' pytn:s
s;v-.craed in Cuaa G; NcGS -vat.
TH. UNDERSIGNED HERE AreNU4fE.EEj-,, THAT
" ' '-AND SHO'dN ON THIS PLAN :S WITP1[N
THi $IJRDIVI $Ipt. RE. LU'_AiIOH hi.-5:'.I TT
- I'N
f'F' NSsERLAND C'UN'TY AND ":H- THIS P_AT
R`:A nL._N of = __ Air
Ak7 DEE;:
F':'.IREVER ALL. Af''AS SO S!.wN L.. ['li7:fal EO
?N Sa1' PLAT.
Tit?'ff.,?!.?AUE:.:i?v
N/F
HARVEY L. CAN JR.
DR 7048, PC 506
LOT Sy PB 68 PG 01
PIN: 0485-88-8511
LLJ
II
J
. J C
-j c
C,
ROSEWOOD PAT:
PB 40
/48 N/f
JERRY L. SMITH
& WIFE VANIDA
DR 6850. PG 621
LOT 4c, PS 68 PG 01
PIN: 0485-90-0485
N/F
1 ANNA 4MARIEf M009E 14
B
LOT 4B PEI 6
PG 01
PIN: '
R!
V 5.!
N/f
HARVEY L CAN JR.
DD 3538. PG 509
LOT 5B. FBI 68 PG 01
PIN: 0485-88-4783
tl?[ I? D!7N^ ? nst...
iF.fit2ADh_>.Ai;?!GTi SAAiENE!f
THE ARE15 SH'D'W„ ON Tk7' PLAT AS CONSF
RVAT4^,N 55EM{R7 1 AY-1-8-2006
.
MA:N'AN_D IN PERPETU:^. IN THEIR NAT;,RA:. i.:R WICAICD COM TIE N. H:'E, R,C
34.Y1 P7RY02M ANY THE FOE, .C^hL>S IVCW0l ON SOCEI CONSE;t'AF:ON EA$°O7
c. P EL. D'.+N. ^AVATE is PER;CRU AN1' OTHER LAN Dr.' -NO'?
N. Cut MCe. Rum . Ra,:wE sr r ,•ECC-!A-1,01' DEAR - WATER
ER QUALIT
c. CONiTRLI! OR PLAU a.t .r.'ir'v5. TRA S. iTAI'-:WtS, rli D,.$. L
S:CPY. UT_?Y r'AES DR T t9F_AS OR AT OT,`. ttr,V:.-ENT OR T Y
,???/?
WETLANDS AND STORMNA?
B
STRtY LR:„ RANCH
A. DUN OR OTHERMI E OSR; P OR ALTER T,lt HYOIL:4:.">GY OR DRAY.
TIIE COONSE* .AT[ON EA, HT AEA
Z65 i V) 144
11 3y 32 2c
n. DAMP UDR STGRE WE, OTHEP Wc7E:AH OR . .15
ZEE
'K
E
:
GRk: 'qZ NAU.. ANilk-l OR a>$E FOR A!.Y -=- xA CR NTk7_..
_ . -
I
.
. -..
PVR%OE. - , . Al ?U
THI:i 5 INICNOEO TO ENTSU."...CNTIXt it CGMPL!ANE . W:1H THE V.m
OF A. ULAN WATER ACT A;L:HOiNYA7k3N ISSUED by THE UNITLD STATES O? AMER
cows Df ENL=PEERS. 4WLMUNDN EN;':T CL ADtEON LID, AND 7: 'xEfO4P. MAY BE
'. ..
i
i
A i^
THE UNITED STATES .- AMERM.A 1'N6 C !G FEIN x":iH :HE L;`u AND S*iL' E K, Y
k
:
- .
? i
S
d
J
?
?
tea
.{
THE Ui:NE:i ANO u: PA4e1ES UMM-:G U.k':i:H r .
..
.
..
.....
..
.. _.
.
ti. .. ...
....
ZERO LOr L. NE
r''ROPERTY OF 13 F '3 L,'>:ND DEVELOPMENT, L.LC
NUMBS ' ANDL?NA
uilMB.>. E<?AP:B t:3v%NTY .
I, _ A. Eiilta: t, a Not-y autA:c Cr
Sta..a
ed.
Ger cO.y:.'.I:yYledy-i e.te 0xy ?.>t %en =of .Y:e `atiLl4etLHtlt4j4j
Cn
elly
rLeVC:a 5 h ? c:wP.^.t V:in(!SS ny h r. t? ?atJ t3?.,4?, <ix Sit5433tIlJllt
tO :5 .: Ci 1w? •e•
a e>e t '
tlnti . stanp -.1, C:• nl, W.
,mot AF : •. / ?.'.. ?it?V i!Vf
ddY Cr___............... _...__-.._..............
- J, -
Tfi
?t r i Approved by the C?•c`';TtAa o Cew.;?
on the_._dti r
Signed
`It415y ltit?t?` y?ee t •' V<
M1tttiti ..
$6
F.T
1A""W"n
?uVxn
F_r
f t?:mm
C--AR CP==< OldNS-i , NKRLFND COUNTY
S"EDMAN NORTH CAROLINA -
SCALE: V 100 -
GRAPHIC' SCALE
i.
:SK: >' e:r J Oro 't'
:
1 ?xc}!X -uc i0 t'f; FIE.
^'::rn2J i`e:
Rfd q aP
?aC
9d
a •\
P2 \
4 NIF
\'.\
CAD8 P36MPG.41t FE
(?a
0485-75-875
VICINITY MAP (NTS) PIN:
N/F
NALORIE P GRUMPIER
LIFE ESTATE
CB 4721, PG 308
0165-85-0702
LEGEND
`•fP ();"&:71915 F.iLE
rr
1
r
NIF
g JAMES EOMMDRI & 11E JOYCE MELNN I
r r $PT 08 8 347 3476, PG 21I
L0, 3, 1tl 51 PG 19 r
%N: 0485-76-5176
r
_AZELIA DRIVE, 50' PUBLIC RM
I
d
' ,
511e2041E' 51727'O11r 6'fifi ?
L6 tN.'0 5`>.' EGO." 7872 ,
?p \ 15
/ E y o i 17 1..
i6 g 13 Y 19 1 +
N 20 r rt,', \
^U'!
x. °'tA
y 5
`
' 1p `fA C 4„ t
' NI);011
' ?`
? 21
R k1J
9 f J9.
9O:Y
' mg--j 26
A
'1
yM1 5
2 1
ti
'
U
A
7tk+n.M i A5,2. >S I 15.7I
.
i.&I r
jA
14y,.a3$ h
i
f" 1LP? i '
O r
s
3 F
?O?F 26 y
r, 1
25 .•J 24 VA r
3
A
qqgg
8
- N ____
-------
----
45.
„i. X'
!s„• Si '.
850kr 8500' 8500.
7'0.x. `
4 SC6'OC [
MA2
T
IS
MILL BAY DRIVE, 50' PUBLIC RIW
\
GENE G.
C. W. BAR
B BARNES
\
'•\ & 111121. P'G 411
.\ PIN. 0485-71-1829
722 01i
b 8, 4.'1' 10533
------------------------------------------ -
e
s7,03'
c
8344 '
2
',a
'
04.15' 12143 11412' 5494 :91,80'
------------------ 7
, ,
r" 1 - ; ;
x'
34 35
? O
37
w
1193x' WW'
P ------ ----;s ,
a
;y4 ,', ?? 51 '? v^ O Ki
'...__
50
49
NJ.4 i'
-----------------------
? X31,,,",
8
• H Yi AI R t L.,
$a• L P ry 0 da-.,
th
`
F
"
? N/F
A y
'•*
ti""
"irlustff"
a -4f d ^ p DOROTHY 0 MCMiLLAN
?.e ««, %i,E?A`'pr
q & HUSBAND HAR4Y L
LIFE ESTATE
DB 3550, PC 392
":S Q' 1''q %N: 0485-85-1770
r4 t r?"-• >'cQ^ N/F
JANES C. BALDWIN JR.
°f 131 ft+il' i
y OR 2840, PC 751
PIN
0185
2782
85
, .
-
-
_..
4 :R 4 AiZ' l ,A . ••
/
C .196 R 419 IN41 N/F
/
7 Fh V t { 1 4 y t' t
t •C d J Y n CALVIN GRAHAM JR
DB 0116 PG 349
t ! d r PIN: 0485-85-3933
p am
J A rd td,
_
Y4 t tl nr Ir;0>,
n t y. +P
c
y F
"
f d b
t•tl
t o p 1 dc?^.c•" i
tr 5 J 112
,.."Y
h- N H' 20th dr f:1.
A.D., E"5 ..............
-------------------------
- -- -------------- -----
Ly
•
Z
'i +?,
??
4 CLLNN GA
M 2 1 & ANTE
Ofi 2-492 , PG 551
,,D t,
D
r+1,+ttltt
Iltllll44`4v PIN: 0485-65-6718
.Nc. Es
1 h Y 1 C l 1
L' f
•, NO t r •
ms
d b e
, a
3 A ,? N by
4 Ir t i- at t a:' -PPrt;
S D -d 3.761z"11, d rr„H,
5"'IEr2 3
4 /' 149
a- a ;37 7 Q.3 c r
'
F:• a 5 = S
's?
E a
o
F'^ d n1M
r, 1514
k
E. E y P 7P' ecPS
'N% •RIE RS M' H RIS A h J C, HAT
"- AND - JN O M<S PLAN T C 51951VIM" RECAP A It J RIS D I I N
6. _LH BUILAHTI uNE.T AND 4? i S F_A-
H .I
AND M n Y t' IS MY F' A
RFE T A§ f
F "rtx JL+4l AF A, Su S.01 a, 11.111 ED
ON SAID PLAT
NORTH :eIRiJL,NA
I.iJM9%R'sAND E:14NTY
73 ??
O :: rvO
ml ul
?.,x
fr -------------
-__-_ __ = x W
p
_ _
IC„ 2 Q
76 ¢
J
W
1' 141 ------------ N
<
75
ROSEWOOD PPRp SUB SEC 2
PB 40 PG'?5
/481 \
?'?. '?+1"k..ta yEN IU RCN'
T}E AREAS IPlfN 04 TI:ts 'I! AS M NSER. N P.x.NEN 1948 i
kk,`AI a N PERM IN 4102 Ai U•. OR kMAITO D.N. i N1E.' S B - T(1'
ewl P FGJ! AN?. Of II FCN Wt', A',.: T1 Ci SUC'N C N '*A 5.1 -EN• :
P LL. ANAT OR ''ni Rtl AN OTHER LACEi VRENC 407M1 1 N a 3URN. OR 554,; 'M J4+t^-MAIX4
C A ALS L d Rm^S i aS 'A.IL'k4YS, 61 M,S.L H.YES.
.-M". U` 4. S R TOWERS OR ANY LT- PEASN ENT R TEN W.
P a
N L- IN G SRW 2 PT A AI'-FR T?{ H . ROL.Yi OR ORA j ACE W, t 5
IL L'JNkRO>4 JFN TARE
U4 3R STORE ..Or TRASH P THP AST-
. G•RAZ OR WATER At4MU OR 01: RJ5 Ah, A.M. - _^•P-E Oa MRf.L-7UI
LN' OSIE
T ,r '9 I4.EN TO ENS".. CON! ..,u AxTn, &.h "H u A O N 4A'N
OF A hx AX ER AA' A, ^NZU`YA SSU t THE' II 7 TES AH t'.A 4 MAY
4OV'J5 OF .NS.I,r655 I^ llN.Y' 1 :n ..10, bC k k ND I'?R6fWM WAY BE IN ^4 'I by
Tix D 1 STATES 0' .N RI F6 AW *•:H IE .+NJ :RA :J L 8,1 w ,.'.
7F OVD.2 AND ALL AP E^ o, AM-NG UNDER R
Al Gab, E, Q Nctcrr ?umic of
r c` :,n: t u b T. P o.urPr,en.I;,,>`tl.
t
r,^^Ir p rtnr :b dy i lu
4 1 dy { h t f h'+ 1
p: C J sr H i. St i+^ P y C, J ,19,? rrr.
' frJfffltFftct1411 ````
r , n?.ti r,^x ;.-.tt 9G07 85:8
A s
?r w
L___ L_________
I L "---- - -----------------------
6.1o, -.,0' r SSW 4 a D6 @:. C' Nd 74
7f,
fora. Ea
AEhS'tl, 0 1„ 'G75 I THIS O:.ARUV, .A : 4, R2y
/611 ? /E2?! /631 1 /641 I /
', CORNER i /651 %
RDSEiOOD PARK SUB SEC 2?
PB 40 PG 25
/ /661
TULIP COURT, 60' PUBLIC RIV4 • J
5
rii'Jo: r'
NIF
JOSEPH BARN'CTT PARCEL TO BE DEEDED TO
& WIFE AUD N/F
OB 6486, PC 570 JOSEPH BARNETT
PIN: 0185-77-8434 & WFE AGORA
38 1. yl 45 .\ `
" ,of K p
(ar; in ? 'r 4. ? N
O ? O m
39 ? 7 (
M 7
>OY2131 - h ,l
ro
161A(40) Z• } F ''tJ •.
Ja. ! _
IA'yi3 t ,p6 a
42 '
t' LM m
^n 310 -
avJ
5 `•L Y'
i
- Iy9 s4 ``°s ?m
0 ,
I 01\SAai O ?+/\
U4?? ,W?.,o ^
f.
/871 f rF a^ t ;? `x?
O
fi7
;. cA
C
4\
,+ c31 ::
- CH
t - ,
6 7 a
l
? t O ?•'^ k? ? I 56
O +? ? 61 ji
62
x
u4 F f2%;
'V7 GAt J,?aa
85 ? ? ? ;y 63
3 '
N/F
•. v, HARVEY L CAIN JR.
D8 3538 PG 509
o
` LOiB PB 68 PC 01
ior %R 4485-58-4783
L^) 1a 1
1
L2 i BtM1?i ?1 ._,
NIF
HARVEY L CAN JR.
OR 7048, PC 506
LOT SA PB 68 PC 01
PIN: 0485-88-8511
71 ,
1 ? x
O , G
m `-
i1L?J-
:OSusdt"{
N/f ELI r',;'
EARIIESf GUR '
V •x NY
.N V
N
F 9 1M ECI W4 ' diT7} %70.
t
JEARf
SMITH
L
h .
1 14:, ,
Wr ? ,119E
& WIFE VAN DA
M ti h DB 6850, PC 621
3 R S S 21 / - %?8 O6
_.
- y. LOT 4C, P8 68 PC D1
PIN:, 0485-98-0485
1 / "
% Y..
N,y 6':i GA 9f
& i t '' 55:73 4
S16H I` 0.T rJ
.
72
, ,S 239.5 S' 4 P
,3 S. 9 7 5 5 47'L 't.
- _' / 371.0 8. A 7NT 162.0' 9"22 174,28
'
/ f 5 4J 1i' 1 d
ie4, ."
143,
U5 4
L
I
45 I L
36401
3 .k
"
' ti.?' 42
5
t S 41' 3
c8 SV w AI bd .
Or;I5IVHC`
h a? 4 0a ".Il D 11 ,>8'3 5 ' 'S1
`
-
µ'
'
NIF
?? ANNA MARIE MOORE b f R.m
D.. u •; 991 i
a
1
1
9
DE, 4443, PG 149 J, 1 f' '4' t 9/A I715 ': t5Q1
z3'
LOT 48. PB 68 PG 01 t 4..18 3 3 &r ,
u 3 Y' M
Pick 8 a 259 Ei 05 N 'C8
J 8 3 sa f O 1
M
d 76 9 ! i NE+ 5 5
( $ D
9
4355 I
9 V 3
IN: 604855--9 -09 G
La I / A 8 M;,, 5 17' CONSERVATION EASEMENT
k ,4:Y 5:1 8 S 45937'19 ,N 3<
e 1 I ,68, I E9 P
r
373 J 4 5' t 1 v" h Cro"CC
> I I -
'y.. -8-200 A a 162 aV off A7
MM / 0. C W Y T
f(- 74 ; sl
N/F E Uh 36 >a s..54a e a.. AY-4 -
OR 770488 RPG 508E 2 3 2z, -mr K Sot I3iv k" 0
a
Mt'
/701 c .r<Y' ' LOT 4A, PB 68 PC 01 :8 7 97-19 163 9'1 03
i ! I q PIN: 0485-98-4236 C 595 f a4 6 4 9 1 J'\%T'
N 1 -.._ .-.._ R04000 PARK SUB SEC a fP 6 S I TI1 1I DE 6, 2 VI. S A ^
¢ I R • ?.. ( PB 4O PG 2s .?} 4 2 &1 A ????ND3 ?R - WATER QUALITY '? 0 'E.4' 4 i >ra I 'Lx 9f0
OSgwOO ?.,;thE, .7i1 NVD9TDRMWA
?,? gRNVCH c Saa.Tfvr, ssr 6v9 Aktx
gg fi C E 13U FA x
OORIVg6p,p E I.,
6s,r v M ras 9 >sssisW rte"
G'.asa .l. 7 a YSa14. 3ar
G0'PUBLiCWM1
OOD DFt. UBCIC 0
ROSEW _ °W r a r<u ra "
29"S1F03A bdi['
I - _ ` E8 M'K 4f MR
(bU 7, 5 .fi i Ci >6 O'. 8 '.6
b '1 ZERO LGT LINE
C
PROPERTY OF: B & B LAND DEVELOPMENT,
n
z
CE 1aR CREEK , d S 1`n a .BERLAND CUUN;TY
ST_DMAN R?:: R I_;Ni1
?p AN VOLT R APIRIL r'; $ n. _ 1" 00'
,?,tr71?4„Jt,, ?? DEP"PT)I NT O TRANSP1R'tiTiN
srto>GaxcA.Z, 0 CE4fAE SCALE
gV'vTY'Jf CJM1%T3i,ANJ
AA )'f ,h.t in1& UE JtG()f1 UI'I
Coved by the C$ ae 3Ce z 3RI I Manning Board J r C VISI.ON OF '1.GHillW
Rel, t> tile'. fj ?F Cr :X: ... .._. ?.. .
or. the dfynT 20
c+ ,4R:. •E ttY iYN t C wn i?7 A <
1 tc? axA LO I. a. rtl"1n IStfOtbM >, NO - t2(1,J•1.1 IJ ( _ _ _ _ -
Si ned - ^ • - ....-
9 .-_..(&6x31 ?W?w• wrrew„ 6? G d? pR„ r,' - ..--- ' ' . . R' FEET)
Ctia((man'f'!an m?l3?a?,cJr f ,,-,_„ ,J: ?I?: Er,,,l7??_i ...._. ( .,•.
r, ,•,.' .•v0 J .._ fivn¢n;;HN.e .-. 1 rA;l: <:•n r
yf „ e' a ud"k
DRAWN BY:
DAG
CHECKED:
HHA
SITE
BLOODSTONE
R2°'? R0
NORTH
VICINITY MAP
NOT TO SCALE _
LINE TABLE
LINE LENGTH BEARING
Li 40,39 S75°36'49'E
L2 51.67 S07°46'C1'E
L3 35.33 S10°21'47'E
L4 63.06 S27 28'41'E
L5 72.58 Soo 2897"E
L6 71.23 S65 04'52W
L7 69.47 S67 0549"W
L8 4147 S51^59'59'W
L9 68.24 N56°56'51 W
L10 78.73 NO0°35'12 W
Lti 72.52 N34°10'19"E
L12 63.71 N19°44'32"E
L13 62.76 N41°19'58"E
L14 35.07 N88'1 323"E
L46 193.53 S14°22'16"E
L54 116.01 S89°45'03"W
L55 119.09 5-43°12'53"W
L56 93.71. 563`31'47"W
L57 73.48 - S80°08'16"W
L58 84.18 S87°01'36W
L59 111.75 N88°37'17"W
L60 133.75 S88°0923'VJ
L61 20.22 S81°54'13"W
L62 50.64 S89°58'11"W
L63 50.09 S84°18'47'W
L64 50.00 S80°52'46"W
L65 50.01 882°01'30"W
166 50.09 S84°18'47%
L67 42.89 S78°3620"W
L68 14.42 N09°35'04"E
L69 3856 N76°18'20°E
L70 50.64 N89°58'11"E
L71 50.01 N82°01'30"E
L72 50.00 N80°52'46"E
L73 50.25 N86°3524"E
L74 50.16 N85°27'12"E
L75 21.56 N83°33'45"E
L761 91.37 N88°37'33"E
L77 92.05 N88°2446"E
L78 79.30 N88°4TDB`E
L79 71.05 N89°52'26"E
L80 114.07 N71°52'40"E
L81 163.48 N46°44'02"E
L82 148.23 S86°3441"E
L83 193.53 S89°43'18"E
L84' 21.00 S00°08'03"E
L85 201.39 N86°37'39"W
NIF
LARRY AJONES
N/F DB 5808 PG 229
JAMES EDWARD MCLAURIN & WIFE JOYCE MELVIN PIN: 0485-77-8434
DB 3476 PG 271
MB 51 PG 19 o"
PIN: 0485-76-5176
863.96' TIE FOR'
N09-35'04
-- .6
s3 <^ `?=LL
a
52
2149.04!
NG: aBC4'E 47 51 42 ? ? ?.
W FFERONBOTH SIDE OF 48 N ( L '
CENTE. NEOFTST'RELM Em 41 N ; IMPACT AR #1 r "
BUILDING, "NGOFI MATION, 50
I, 75 LINEAR FEET ROAD °.
3s C'T..t4uBE u4v:3. O N00°2527"W\ ° (PERMANENT)
Nn .Li4. C1 31 32 33 36 ds 0 15.00' \ N8°6;25 "E `ry
4'73 0 Z
'NGS? I I I ?o? N? I ??1 a
m ' ,,. I Or'? ?? u1 c`u
1.`:A D??;3 i:5. ;•L ,} 45 57 0 p.R v; m
AZc 0 ?VO N719.16' E J
( 3B O ?
8 ( I
n v ? STREAM (4' WIDE)
v s7REAM(4'WIDE) ^ 580°a8'1 r(
.r:+.aaas 0 19 pp O O 16.59' 68 67
? 11 16 3B - 69 fy I
o L6 15 1s 21 ?o s1';271'El
4 Ta 0 s9 /? ROAD :I
0 f z2 4D 61 %? r CROSSING
2a ENLARGEMENT
0 24 0 _ ?
25 42
m I 13 28 27 O /l ? ?? ? o
.W 1 1 d, ?/? 62
77 I i. -- -"" •° /? I ..-----STREAM(4`VJEDE)
e I O R An mom 63
6°44'01"V
?r 6'02106 t 2.18' E
O O O O 0 a, O s5 i 14.37-
846-44- 1 M1N ' L- z
u s 20.16
t2 11 O 68 ? '& I 69 - N36'02'
.2 W W O
N6203.1' 47"E <q4 < A
75 < ^S BUFFER BOIHSID!SOF 9
{[ SIG' 21V3"W 634.04', 0 69 CE14TERLIN=_OF E4MWH 'e NO N63°31'47° <7 ?1z
9 17.84' 8 O
! 5 578 EUILD11' CUTTMG '-1:= APON.
r '- 9919,, "E 64 m '? EC:. 6EALLOW.D
.' 0 63 O 86? q 4 xj a
BOB IW za6.74' I sz 0 Jt rv" ,ryh??1' 70 IMPACT AREA #2
20 LINEAR FEET
49 151 ROB WOOD PARK SUB EC2 O ,0 72 y? Q?OIV'?h? UTILITY CROSSING Q' x
SUBSEC2 11111';, MB 40 PG 25 / 6 n
ROSEWOOD U
O M1141PC R PORARY) W -
UTILITY Z a
® P k CROSSING Q g
0 41 ENLARGEMENT O F
NUN 17124tOTtO 73 y?? 1r?, W W
\1I w \` ,501,1.1.68' 2 STREAM(4'VJGE) W E- a
rv - S49°29'31'E
44.60' (O a
I EARNEST GURLEY? mmj fi ^
O IN: 0485 PG7 N - lft w F.. W
?tii O 6g PIN: 048597.1109 U
m
ROSEW00 PARKSUBSEC2 N ro °y I?f
M, M8 011.25 7U R'a 15° 4,? V? v
a AT 506KT1 Mq
Y18
w : 200 6
_.
0 6
III «: ss?ca r ~n# , i __..J °3T? t' „ N PEN,R wq
?t`iti!!iy l4ldlnpPt4 --.._? 111 1 N
SITE PLAN
5EAl
3' 11
y°.
`®''JZdars3sss41;t`?1?
HARVEY H. ALLEN
LAND SURVEYOR REGISTRATION NO. L-3171
PPOPERTY OF: B&B LAND DEVELOPMENT LLC E
CEDAR CREEK TWP., CUMBERLAND COUNTY E-
NEAR 5TEDMAN, NORTH CAROLINA
NOTE SCALE: 1 = 200 JUNE 7, 2004; revised May 16, 2006
GRAPHIC SCALE
TOTAL STREAM IMPACTED 95 LINEAR FEET 200 0 100 200 400
(75 LF Permanent and 20 LF Temporary)
? N
PRELIMINARY: NOT FOR CONSTRUCTION = o
1 INCH = 200 FEET N
DRAWN BY:
DAC
CHECKED:
HHA
CROSS SECTION OF
UTILITY
CROSSING
j@@gq# V
MAY
? 8 2006q
kkZ DFNR' wAT
ftS UAUiY
7ERH
CROSS SECTIONS
ROSEWOOD PARK WEST
PROPERTY OF: B&B LAND DEVELOPMENT LLC
CEDAR CREEK TWP., CUMBERLAND COUNTY
NEAR STEDMAN NORTH CAROLINA
SCALE: 1" = 50' JUNE 7, 2004; revised May 16, 2006
GRAPHIC SCALE
50 0 25 50 100
1 INCH = 50 FEET
<`
0.
_ ,, ui
E- z
rn ?D
W o
?za
az
oa
x¢?
aa?
0
z?
0 E-
?
O?x
WEa
?U1U
O
? a
W?
U
V)
z
0
E
U
w
0
0
G
U
N
F N
W
= O
CROSS SECTION OF
ROAD
CROSSING
48" CULVERT TO BE BURIED 12"
&dL92"t tkw.
"616 J6ox 2522
*Wmhud", ?? Vai0iii w 28502
3805 ??v?e ?ireirtue Yee 45
W&nirt?, <IW28403
May 31, 2006
TO: Ms. Cyndi Karoly
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: NWP 39 Application for Rosewood Park West
Cumberland County, NC
Dear Cyndi:
??, oaae :.940 -?i52 - 0004
Max: 940-552-0060
On May 16, 2006, I submitted to your office a 401 Water Quality Certification application for
the Rosewood Park West project located in Cumberland County, NC. Lillette Granade with the
Corps had originally determined that the proposed impacts would be processed as a NWP 18. Since
that time, Ms. Granade has decided that the project could be processed as a NWP 39. Since proposed
impacts will be limited to 75 LF of permanent stream impact from a proposed road and 20 LF of
temporary stream impact from a proposed utility installation, it appears that no written concurrence
from DWQ is needed. Therefore, I request that the permit application I submitted be withdrawn.
Please contact me if you have any questions. Thank you for your assistance with this project.
Silncc-ergly, J?
Kim Williams
Environmental Scientist
Encl.
Cc: Harvey Allen
Stump and Kim Bledsoe
R pT r7
, OALITY
WETLANDS M) STC?TAW TUR B! CH''
???
0- C)0,5 1
„ark ?l
_qdwney 94m"i Cp Yak
3805 /2i? ?ir?NCe 91mik -J5
Yod 6//6 J6ox 2522
Wdmbty , AdA WaW&a 28/02
401 1 D
TO: Ms. Lillette Crranade
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
May 16, 2006
RE: NWP 18 Application for Rosewood Park West
Cumberland County, NC
Dear Lillette:
FILE COPY
Yhomee: 970-4152-000/
4"-ax: 9410-452-0060
V1 05--1"119
COURTESY
COPY
Enclosed is a revised NWP 18 application for your review. The application has been revised to
show that the Rosewood Park West project will have 75 LF of permanent stream impact from a
proposed road and catch basin and 20 LF of temporary stream impact from a proposed utility
installation. Furthermore, a revised cross section shows that the 48" culvert will be buried 12" below
the bottom of the stream. Please note that the applicant has already recorded restrictive covenants on
the property, which preserves the remaining stream and a 15'-wide buffer on either side of it.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your
review. Please contact me ifyou have any questions. Thank you for your assistance with this project.
Sincerely, .
Kim Williams
Environmental Scientist
Encl.
Cc: Harvey Allen
Stump and Kim Bledsoe
Cyndi Karoly, DWQ
?D
M
Ay 1 8 2006
???srrE?e
?4NCH
t
11 ?^
w. z
Office Use Only: Form Version May 2002
oS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Appiicame- or
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
QMAY 1 8 2006
Name: Stump & Kim Bledsoe ;:Q 01 1 Ai !TV
Mailing Address: 6400 Emu Drive y nINMR AND sTOR1NVATER 5RWH
Hope Mills NC 28348
Telephone Number: (910)468-6610 Fax Number:
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: Ms. Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Pagel of 8
Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060
E-mail Address: kwilliamsglm_group.net
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: Rosewood Park West
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Cumberland Nearest Town: Stedman
Subdivision name (include phase/lot number): Rosewood Park West Section 2
Directions to site (include road numbers, landmarks, etc.):
Hwy 24 East from Fayetteville. Turn right on Hall Road. Turn Left on Hillsborough Street.
Turn left on Azalia Drive.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 709549E 3876162N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): +/- 38 acres
7. Nearest body of water (stream/river/sound/ocean/lake Tributary of Sandy Creek
8. River Basin: Cape Fear River Basin
(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/a(:hmir/maps/.)
Page 2 of 8
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site of the proposed fill is undeveloped. There is an
existing subdivision to the East and farm fields to the West.
10. Describe the overall project in detail, including the type of equipment to be used: Impact
area 1 is a road crossing where the stream will be culverted. Impact area 2 is a temporary
impact for sewer lines that will run below the stream. Please see cross sections included for
details. A track hoe and bulldozer will be used to truck in and level spoil material. The road
construction will follow sedimentation and erosion control plans. Silt fences will be used to
reduce erosion into the adjacent stream.
11. Explain the purpose of the proposed work: The purpose of this project is to provide access
and utilities to lots located throughout the subdivision.
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.
404 wetlands were delineated by LMG.
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.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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
Page 3 of 8
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:
The applicant proposes to temporarily impact 20 if of stream and permanently impact 75 if of
Ctream _
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain* *
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland*
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on
map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 Culvert/fill (perm) 75 Unnamed tributary 4 ft Perennial
2 Sewer line (temp) 20 Unnamed tributary 4 ft Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: approximately 75 if of
permanent stream impact
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts.
Open Water Impact
Site Number
(indicate on map) Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pand estuary, sound,
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A No pond impacts.
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.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The site plan for this
development was created to avoid impacts to wetlands and minimize impacts to the stream on
the property. The applicant has changed the original site plan that included a stream crossing to
access lot 72 Lot 72 will now be accessed between lots 64 and 65. Crossings occur at narrow
points along the stream to minimize impact The proposed culvert at crossing #1 will be buried
12" below grade to ensure passage of aquatic organisms
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
Page 5 of 8
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 March 9, 2000, 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 NCWRP 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, available at
hltp://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
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.
The applicant is proposing preservation of the remaining stream including a 15 foot buffer
on both sides of the stream This area of preservation has already been recorded.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htt p://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: N/A
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
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) N/A
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1
2
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extents an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 7 of 8
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
There is currently no impervious cover within the site. The project will consist of the
construction of 79 homes with driveways and 50'-wide roadways, which will total approximately
27% impervious cover. This project will follow all low-density stormwater requirements. The
site will utilize curb and gutter to collect stormwater, which will flow to catch basins.
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.
Sewer services this area.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
WE ?Nw?< WATER QUALITY
?+ AIVil STORK i1TER BRWH
Land Mann rnent Group, Inc.
Rosewood Park West EnvhonrnmW consultants
Cumberland County, NC Wilmington, N.C.
May 2004
MAY
Y 8 2006
.\x
`I.
1.
C
SCALE 1" = 2.4 miles
Site Location Map
N" 129
I/t (J err t # ? i4
?? of/? ? a?' #?l • ?
Ste
1t ? L. t t ? w
,.? '# w D
f
#
SITE # #` • +
_? ` f 1
?-
41
`.1 r
w\ /?' ? ? ? w I w I# + E
• r . r- t
•
i 2013
f?
r
f
O
Q D
D
MAY 1 8 2006
DENR - WATER QUALITY
WETLANDS AND'STORMWATER BRANCH
Map Source: Stedman (1974) and Autryville (1987) Quadrangles. SCALE 1" = 1000'
Land Managrmwt Group, Inc.
Rosewood Park West Envinornmentad Camuftanft Topographic Quadrangle
Cumberland County, NC Wilmington, N.C.
May 2004
Go)
U?
T V vn
L!5 kL:? auvL9N
MAY 1 S 2006
DENR - WgTER QUAL.One
WETLAND§ AND SIORMW
Map Source: Cumberland and Hoke Counties Soil Survey, 1984 SCALE 1" =1000'
Land !Management Group, Inc.
Rosewood Park West EnvirnMnMt l ewsultants
Cumberland County, NC Wimington, N.C. Site Location Map
May 2004