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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 . 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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`>.' 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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