20061053 Ver 1_COMPLETE FILE_20060628

Ecowste M
PROGRAM
RECEIPT
August 22, 2006
( ( 0 G-1053
IDi.
Danny Norris
New Century Homes
P O Box 727 p (?
Dunn, NC 28335 !-
Project: Laurel Valley Subdivision AUG 2
County: Harnett
DWQ #: n/a OENR • WATER QUALITY
N10 STp14Myy,?T,f 4,N QH
USACE Action ID: 200640201-043
EEP No. ILF-20064676
Amount Paid: $4 ' 640.00
Check Number: 9661 I
The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Wetland Credits Stream Credits Buffer I Buffer II
CU j (Sq. Ft.) (Sq. Ft.)
Ri arian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear

03030004 0 0 0 0 ! 0 20 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact David Robinson at [phone].
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Unit
Brad Shaver, USACE-Wilmington
Ken Averitte, DWQ-Fayetteville
File
William D. Gilmore, PE
Director
R?sto? ... P ... Prot" oar Stag
OWN%
ICD- R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
0?0? W ATF9Q> b. w als
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2006
Mr. Danny Norris
New Century Homes, LLC
P.O. Box 727
Dunn, NC 28335
Subject Property: Laurel Valley Subdivision
UT to Mire Branch [030613, 18-20-13-2, C]
DWQ Project # 06-1053
Harnett County
Approval of 401 Water Quality Certification with Additional Conditions - AFTER-THE-FACT
Dear Mr. Norris:
You have our AFTER-THE-FACT approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 1.384 acres wetland (0.093 acres permanent impacts, 1.291
acres temporary impacts), and 64 linear feet of perennial stream, tol?construct the proposed residential
subdivision at the subject property, as described within your application dated June 28, 2006, and
received by the N.C. Division of Water Quality (DWQ) on June 2812006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW39, when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also,
this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet htto://h2o.enr.state.nc.uslncwetiands

An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
New Century Homes, LLC
Page 2 of 4
August 23, 2006
Amount Approved nits Plan Location or Reference
404/Wetland 1.384 [(acres) (0.093 acres permanent
impacts, 1.291 acres temporary impacts) PCN page 4 of 10
Stream - perennial 64 linear feet PCN page 5 of 10
2. Sediment and Erosion Control
i
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards: i
a. The erosion and sediment control measures for the project 'must be designed, installed, operated,
and maintained in accordance with the most recent version! of the North Carolina Sediment and
Erosion Control Planning and Design Manual. I
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manuala The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
i
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations 'of state water quality standards,
statutes, or rules occur;
i
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked-with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. Deed Notifications
I
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlards Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project;
i
New Century Homes, LLC
Page 3 of 4
August 23, 2006
7. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.uslsulForms Documents.htm.;
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly. 1
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
i
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be maintained
if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and, return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certificate of Completion form.
New Century Homes, LLC
Page 4 of 4
August 23, 2006
9. Certification of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or ta? conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation; of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, 'which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-433-3300.
i
Sincerely,
Alan W. Klimek, P.E.
AWK/Um
Enclosures: GC3402 ,
Certificate of Completion
cc:
Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Burdette Land Consulting, Inc., 308D W. Millbrook Road, Raleigh, NC 27609
I
i
Filename: S:\2006 Correspondence\06-1053 Laurel Valley SD (Hamett) 401.doc
I

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INVOICE
Danny Norris
New Century Homes, LLC
P O Box 727
Dunn, NC 28335
-ow4 ou--1053
Project: Laurel Valley Subdivision
County: Harnett
DWQ No: n/a
USACE Action ID: 200640201043
EEP Record No: ILF-2006-4676
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference
project through payment of a fee to the North Carolina Ecosystem Enhancement! Program (NCEEP). In accordance with 15A NCAC
2H.0500, the amount you owe is based upon the FY 2006-07 Fee Schedule and has been calculated as follows (Please note: payment
of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson
at 919-715-2228.
Riparian Wetlands 0 acres x $ 27,847.00 = $
Non-Riparian Wetlands 0 acres x $ 13,924.00 = $
Saltwater Wetland 0 acres x $139,235.00 = $
Stream 20 linear feet x $ 232.00 = $ 4,640.00
Buffer - Zone 1 0 square feet x $ '.96 = $
Buffer - Zone 2 0 square feet x $ 96 = $
TOTAL AMOUNT DUE $ 4,640.00
Please mail a check payable to NCEEP for the Total Amount Due to the address below, and enclose a copy of this invoice.
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the Davment check's arenunt name is not th'e cnma nc the n-4 ...,...e ..te.,..e ....L.a,
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER JU ITY
CERTIFICATION. ? nn ?7
o C?C? u ?f D
cc: Cyndi Karoly, Wetlands/401 Unit
Brad Shaver, USACE-Wilmington
Ken Averitte, DWQ-Fayetteville
Jennifer Burdette, BLC-Raleigh (fax)
File
... Prot" ow Stag
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AUG 1 0 '1006
WETWOS NO STOftMY'IATER BRWii
lCDEM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
August 8, 2006
® North Carolina Wildlife Resources
Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NCDWQ
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
NC Wildlife Resources Commission
127 Cardinal Drive Ext.
Wilmington, NC 28405
PH:910-796-7217 / 910-512-7983 FAX:[phone]
EMAIL: steve.everhartgncwildlife.org
i
Date: July 24, 2006
Re: New Century Homes - Laurel Valley S/D, Harnett; Co., DWQ # 20061053,
USACE AID # 200600471
I
NCWRC has no comment on this project.
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QRlwg%[A
JUL 2 0 Q6
At:NP ? Yd?'??li ?UAt-1TY
WE11?lA@ ;ANA ;3t G,11?R ?t1
Jennifer Burdette
Burdette Land Consulting
308 D West Millbrook Road, Suite 200
Raleigh, NC 27615
:PROGRAM
July 18, 2006
Project: Laurel Valley Subdivision County: Harnett
-DuJQ Ou- 1o53
CP ?- 13
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEPjwill be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives'ia copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold I Cool Warm
Cape Fear 0 0 0 0 1 0 64 0 0
03030004 I
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact David Robinson at [phone]
cc: Cyndi Karoly, Wetlands/401 Unit
Todd Tugwell, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
Si Zcerely, Wm D. Gilmore, PE
Director
L,
PYOt"EGt i;tg Our Sta 4e, CCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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Triage Check List
Date: Project Name: U?f`?C t
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DWQ#: 20??? 63
F1 va I County:
LL ropY
To: ? ARO Kevin Barnett ? WaRO Kyle Barnes
FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb
? RRO Eric Kulz
,F
From: Telephone : (919) -);3
i
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted j
? Stream determination
? Wetland determination and distance to blue-line; surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application) meetings?
? Cumulative impact concern
a Gt.?Nm
Pl'?•?a. s

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Comments:

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.'W E'i BURDETTE LAND CONSULTING, INC.
308D W Millbrook Road, Suite 206 - Raleigh, North Carolina 27609
Telephone [phone] - Fax [phone]
S
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RECEI?fED
July 5, 2006
Ms. Cyndi Karoly
401 Oversight/Express Review Permitting Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
RE: Laurel Valley Subdivision
DWQ Project # 06-1053
Pineview, Harnett County, North Carolina
BLC Project # 60025
Dear Ms. Karoly:
As requested in your letter dated June 29, 2006, enclosed is a check for $475 to cover the
appropriate permit application fee for the subject project! Thank you for your agency's
prompt response to this oversight.
If you have any questions about the project and cannot reach me at my office, please feel
free to contact me on my mobile phone at [phone].
Sincerely,
BURDETTE LAND CONSULTING, INC.
4
`?Jennifer . Burdette
Environmental Specialist
Enclosure
c: Danny Norris - New Century Homes, LLC
i' ll
JUL 0 5 2006
DENR - WATER AEnANDSANDSQUALITY
T ftWiTER BRAN04
O?O? W AT kqQG
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1
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 29, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
DWQ Project # 06-1053
Harnett County
Burdette Land Consulting, Inc.
Attn: Jennifer Burdette
308D W Millbrook Road, Ste 200, ; N ,
Raleigh, North Carolina 27609 i ! f T
Subject Property: Laurel Valley Subdivision t i;?? t v
Permitting Fee j
® REQUEST FOR MORE INFORMATION
RETURN OF APPLICATION PACKAGE
Dear Ms. Burdette:
On June 28, 2006, the Division of Water Quality (DWQ) received'your application dated June 28, 2006
for the above referenced project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive five copies of the additional information requested below, we will have to
move toward denial of your application as required by 15A NCACI2H.0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the following information
so that we may continue to review your project.
Additional Information Requested:
Water Quality Certification, See I. Processing, Item 2.. i Please state which Permit
(Nationwide, Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to
use.
DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if Er authorization letter from applicant is
provided).
Water Body information not stated. See III Project Information, Item 7.
Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted or corrected impacts reflected.
401 Oversight/Express Review Permitting Unit Aaturall
If
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?I
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/newetlands
NI?OC?,Carofina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
v
Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
applications is $200 for projects impacting less thanan acre of wetland and less than 150
linear feet of streams. For projects impacting one or'more acres of wetland or 150 or more
feet of streams, the fee is $475.
® Incorrect permitting fee amount. Your check # 1122 for $200 is herein enclosed for fee
correction. See Other section below.
A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
I
OTHER: The After the Fact Permit for Laurel Valley SD reflected permanent and temporary wetland
impacts of 1.384 acres. WQC # 3402 sets the application threshold for wetland impacts of
greater or equal to 1/3rd of an acre east of I-95 and IA 0`h of an acre west of 1-95 and therefore
require written notification to, fee, and approval by the Division of Water Quality. Please
submit the appropriate fee of $475.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up aimeeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK11jd
Enclosures: Check # 1122 for $200.
cc: New Century Homes, LLC, Danny Norris, PO Box 727, Dunn, North Carolina 28335
File Copy + check copy
Central Files + check copy
Filename: 061053LaurelV21leySD(Harnett) Fee
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BURDETTE LAND CONSULTING, INC. 1122
308-D W. Millbrook Rd, Ste 200
Raleigh, NC 27609 66 -21/630

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•w EBURDETTE LAND CONSULTING, INC.
308D W Millbrook Road, Suite 200, - Raleigh, North Carolina 27609
Telephone [phone] - Fax [phone]
.•S.
LETTER OF TRANSMITTAL 2 p 0 6 1 0 5 3
To: Mr. Brad Shaver Date: June 28, 2006
- US Army Corps of Engineers Project #: 60025
69 Darlington Avenue RE: Laurel Valley Subdivision
Wilmington, North Carolina 28403
We are sending the following items attached to this transmittal:`' + ` L
t- + , R
Copies Date Description
1 6/28/06 PCN Application

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Remarks:

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JUN
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Signed: Jennifer Burdette c: NC DWO (7 copies + $200 fee)
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Office Use Only: Form Version March 05
USACE Action ID No. 200600471 DWQ No. 2 Q 0 6 1 0 5 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing j j; `'. I r i l
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
i
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?,
i
II. Applicant Information
1. Owner/Applicant Information
Name: New Century Homes, LLC
Mailing Address: Attn: Mr. Danny Norris `
P O Box 727
Dunn North Carolina 28335
I
Telephone Number: 910/892-1402 Fax Number: 910/890-3319
E-mail Address: NA
i
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: Jennifer A. Burdette
Company Affiliation: Burdette Land Consulting,' Inc.
Mailing Address: 308D W Millbrook Road, Suite 200
Raleigh, North Carolina 27609
I
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 10
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: Laurel Valley Subdivsion
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 9576-79-7553.000
4. Location
County: Harnett Nearest Town: Pineview
Subdivision name (include phase/lot number): Laurel Valley
Directions to site (include road numbers/names, landmarks, etc.): The site is located on
southeast side of NC Route 27 approximately 0.7 mile northeast of NC Route 27's
intersection with NC Route 87, northeast of Pineview in Harnett County, North Carolina.
Figure 1 depicts the location of the property on the US Geological Survey (USGS) Olivia,
NC 7.5-minute quadrangle topographic map.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3144132 ON 79.0751926 °W
6. Property size (acres): 59
7. Name of nearest receiving body of water: UT to Mire Branch
8. River Basin: Cane Fear
(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. n c.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
Page 2 of 10
10. Describe the overall project in detail, including the type of equipment to be used: Heavy
11. Explain the purpose of the proposed work: The purpose of the project is to provide single-
familv housing for the area.
IV. Prior Project History
I
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. On February 8 2006, the USACE issued a notice of violation letter to
the annlicant for fill and excavation in wetlands and waters without a permit. Mr. Danny Norris
wetlands On May 22 2006, Ms Burdette submitted pttotograpns of the restorea areas along
with data forms and a USGS Location Map and Harnett County Soil Survey May of the site to
o ""r%,-t ths- xv,- land A-linPatinn and nrnvide a status ren6rt on the nroiect uroeress.
and wetland survey completes the list of actions necessary to bring the proposed subdivision into
compliance
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.
III
Page 3 of 10
resolve this violation by delineating the wetlands 1 assessing the total impacts, restoring
temporary impacts or impacts identified as unnecessarx and submitting an after-the-fact permit
Mr. Norris' road contractor restored the pre-construction contours in tour areas where temporary
The impacts presented herein represent the entire project as it is currently understood; therefore,
?I
VI. Proposed Impacts to Waters of the United States/Waters of the State
i
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach separate sheet.
1. Provide a written description of the proposed impacts: A total of twelve impacts that were
done previously or are proposed for completion of! the subdivision have been characterized
on the project site Impacts 1 3 and 11 are the result of temporary sediment basins that were
dug approximately 12 to 18 inches deep Impacts 2' 6 and 7 are areas that were cleared, but
pre construction contours remain Impacts 4 8 and 10 are permanent impacts associated
xmith CnnRtnlction of subdivision roadways.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
,tel.. l;- imparts due to hoth stricture and flooding.
JG CU"

Wetland Impact
Site Number
(indicate on map) %-t 11Jk

Type of Impact
Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain
(es/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
I temp/grading forested no 700 0.055
2 temp/mech clearing forested j no 500 0.455
3 temp/excavation & fill forested no 300 0.181
4 perm/grading forested no 450 0.005
5 temp/excavation & fill forested no 350 0.144
ti temp/mech clearing forested no 350 0.052
7 temp/mech clearing forested no 280 0.258
9 perm/fill forested no 0 0.053
10 perm/fill forested I no 200 0.035
11 temp/excavation & fill forested j no 200 0.137
12 temp/mech clearing forested no 100 0.009
Total Wetland Impact (acres) 1.384
E
- too s rt
0 1 Page 4 of 10
D?O? - 12
3. List the total acreage (estimated) of all existing wetlands on the property: 10
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
8 UT to Mire Branch culvert Perennial 3.5 54 0.004
8 UT to Mire Branch riprap Perennial 3.5 10 0.001
Total Stream Impact (by length and acreage) 64 0.005
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact

(acres)
NA

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): 0.005
Wetland Impact (acres): Temp=1.291 1.384
Perm=0.093
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 1.389
Total Stream Impact (linear feet): 64
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Page 5 of 10
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.): NA
Proposed use or purpose of pond (e.g., livestock' watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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 impacts occurred due to
miscommunications between the applicant and his subcontractors. Once the applicant learned of
the extent of wetlands on the property, the site plan was modified to avoid wetlands to the
maximum extent practicable Stream Channel Impact 8 and Wetland Impact 9 are unavoidable
impacts associated with a road crossing that is necessary in order to access the southwestern
portion of the property. This road crosses the stream channel and its adjacent wetlands
perpendicularly thereby minimizing the crossings impact Excess fill along the road shoulder
that was identified during one of the USACE site meetings was also removed to further minimize
the impacts of this crossing to wetlands Wetland Impact 10 results from a cul-de-sac that was
constructed prior to the identification of the wetland boundary in this area. Due to the small size
and linear nature of this wetland costs associated with removing the existing roadway, and
uncertainty of successful restoration of this wetland we believe this impact is also unavoidable.
Wetland Impact 4 remains as a permanent wetland impact in order to tie the existing roadway
ditch into the re-sized sediment basin.
Lots 22, 36, 64 67 73, and 75 through 89 were eliminated from the proposed subdivision to
avoid permanent wetland impacts Proposed Wetland Impact 12 is a temporary impact that
would result from the installation of an off-site septic easement. Due to the small size of the
proposed septic line the applicant does not anticipate that clearing of mature trees will be
necessary for its installation or maintenance The remaining wetland impacts are also temporary
because they were either restored to their pre-construction contours or did not result in a loss of
wetlands (mechanized clearing only)
Lots with space constraints caused by avoidance of wetlands will be built by the applicant's
company, to reduce the potential for additional wetland impacts due to inadvertent disturbance
during the construction process This is a modification of the applicant's usual development
process in which lots are sold to unaffiliated home builders._
Page 6 of 10
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
Because the project's permanent wetland impacts (0.094 acre) are below the one acre
mitigation threshold for wetlands and stream channel impacts (64 linear feet) are below the
150 linear feet mitigation threshold for stream channels, BLC believes that NCDWQ's Water
Quality Certification #3402 would not require mitigation.
The USACE's Nationwide Permit 39 may require compensatory mitigation for projects that
require pre-construction notification to offset unavoidable losses of waters of the US. The
applicant proposes to preserve the remaining wetlands and stream channels on the property in
perpetuity through restrictions placed on these conservation areas in the subdivision's
Restrictive Covenants. A copy of the Restrictive Covenants that have been recorded with
Harnett County is attached. Figure 3 depicts the conservation areas proposed.
Approximately 9.4 acres of jurisdictional wetlands and an estimated 1900 linear feet of
stream channel are included within the proposed conservation areas. It is important to note
Page 7 of 10
that the attached and recorded Restrictive Covenants would have to be re-recorded to reflect
the USACE's Action ID number for the project and the appropriate reference to a recorded
map of the conservation areas.
The water management and aquatic life passage functions of the stream channel at the road
crossing are not lost with the installation of a culvert. Due to the sandy substrate of stream
channels in this area and their lack of riffle structures, BLC believes the only function loss
associated with the installation of the culvert is the estimated less than 10 feet of habitat lost
from the meander(s) of the stream channel at the road crossing. We also believe wetland
impacts of less than 0.10 acre in size for an entire subdivision project represent a minimal
adverse effect. Because of the minor functional loss associated with the project and the
applicant's avoidance and minimization efforts, BLC believes that the proposed mitigation
plan is sufficient compensatory mitigation to offset the adverse effect of the road crossing on
the stream channel and wetlands and the adverse effect of the other wetland impacts.
Restrictive covenants not only provide future protection of waters of the US, but also serve
an important role in directly educating the public about waters of the US that occur on their
property.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Page 8 of 10
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the 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 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. Prior to development, the property did not contain any significant impervious acreage
Due to the relatively large lot size associated with on-site septic systems and undeveloped areas of
uplands and jurisdictional wetlands remaining on the property, the percent impervious surface is not
anticipated to exceed 20%.
Page 9 of 10
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.
Wastewater generated from the proposed project will be disposed of through individual, on-site
septic systems that will be approved by Harnett County.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed project will not result in infrastructure improvements beyond those required to develop
the property itself.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
?/Z I/144
Pplica Agent'srS gnature '?atct
(Agent s signatu my if an authorization letter from the applicant is provided.)
Page 10 of 10
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GRAPHIC SCALE USGS LOCATION MAP N
1° = 2000• LAUREL VALLEY SUBDIVISION
2000' o 20 100'
NEW CENTURY HOMES, LLC
HARNETT COUNTY, NC
••••N•••' DATE: 04/21/06 USGS 7.5' TOPO QUAD:
= OLIVIA
W E?i BU"ETTE LAND CONSULTING, INC. DRAWN BY: TMB
308D W Millbrook Road, Suite 200-Raleigh, North Carolina 27609 CHK'D BY: JAB
S Telephone [phone]- Fax [phone] PROJECT #: 60025 FIGURE #: I
a
ACT 1
RAN (2,4\0
` IM ACT 2
1 WE AND (
PACT
:TLANI 217 F)
IMPACT 5
I,IMPACT ?6
WETLAN (2,265
ry O
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O
ACT 7
(LAND (11.230

IMPAC? 8 ??a ® \
STRE?j HA NEL
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aT ? ?
IMPACT 9 \
WETLAND 2329 SF
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M14
IMPACT 10
IMPACT 11
VJE,TLAND (5985
41
•N•
W e BURDLTTE LAND CONSULTING, INC.
ND CONSULTING, INC308D W Millbrook Road, Suite 200 - Raleigh, North Carolina 27609
Telephone [phone]-Fax [phone]
s
IMPACT 3

WE
LEGEND
CLEARED
WETLAND AREAS 0.765 AC
RESTORED
WETLAND IMPACTS 0.517 AC

PERMANENT
WETLAND IMPACTS 0.093 AC
F TEMPORARY
l ill WETLAND IMPACTS 0.009 AC
VN
NOTES:
1.) WETLAND SURVEY AND ROAD ALIGNMENT PROVIDED BY
BENNETT SURVEYING
2.) ORIGINAL WETLAND DELINEATION WAS COMPLETED BY
MIKE EAKERS, REFRESHED BY PETER JELENEVSKY, AND
REVIEWED BY JENNIFER BURDETTE
3.) TOPOGRAPHIC INFORMATION WAS OBTAINED FROM
HARNETT COUNTY GIS
4.) IMPACT BOUNDARYS AND CALCULATIONS GENERATED
USING TRIMBLE SUBMETER GPS AND THE SUBDIVISION
PLAN
GRAPHIC SCALE
1" = 200'
200' 0 200'

400'
DATE: 0627/06
SURFACE WATERS AND WETLANDS IMPACT MAP SCALE: 1"=200'
LAUREL VALLEY SUBDIVISION DRAWN BY: TMI
NEW CENTURY HOMES
LLC CHK'D BY: JAB
,
HARNETT COUNTY
NC
PINEVIEW PROJECT N: 60025
,
, FIGURE #: 2
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BURDLTTL LAND CONSULTING
w e? INC.
VALLEY SUBDIVISION BY: T MB
DRAWN BY: TMB
l
308D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 NEW CENTURY HOMES, LLC CHKD BY: JAB
Telephone [phone]-Fax [phone] PINEVIEW
HARNETT COUNTY
NC PROJECT #: 60025
•
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,
.
. FIGURE #:a
2006010932
FOR REGISTRATION REGISTER OF DEEDS
KIMBERLY S. HARGROVE
HARNETT COUNTY, NC
2006 JUN 14 10:09:51 AM
BK:220 P00048 FEE135.00
I5IN91 # 20060IM
Prepared by Lynn A. Matthews, P.A., Attorney at Law;
108 Commerce Drive, Ste B, Dunn, NC 28334
NORTH CAROLINA DECLARATION OF
PROTECTIVE COVENANTS FOR
HARNETT COUNTY LAUREL VALLEY SUBDIVISION
THIS DECLARATION made this ?3ay of June, 2006 by NEW
CENTURY HOMES, LLC, a North Carolina limited liability company with its principal
office in Harnett County, North Carolina., hereinafter referred to as "Declarant";
DECLARANT HEREBY DECLARES, COVENANTS AND AGREES with all
persons, firms or corporations now owning or heaeeafter acquiring and interest in the real
property hereinafter described and said real property is and shall be held, transferred, sold
and conveyed subject to the protective covenants set forth hereinbelow as to the use
thereof, running with said property, by whomsoever owned, to wit:
ARTICLE I: SUBJECT PROPERTY. The real property which is, and shall be
held, transferred, sold and conveyed subject to these protective covenants is located in the
County of Harnett, State of North Carolina, and is more particularly described as follows:
BEING all of Lots 1 through 21 and Lots 23 through 35 and
Lots 37 through 63 and, Lots 65 and 66 and Lots 68 through 72 and
Lot 74 and Lots 90 through 96, of Laurel Valley SID, as shown on
map recorded in Map #2006-500, of the Harnett County Registry,
ARTICLE II: LOTS AND VARIANCE OF LINES. Each lot, as referred to in
Article I hereinabove, shall consist of a tract of land having an area as shown on the
aforesaid recorded map. The owners of said lots may not vary the lines and boundaries
1
of said lots except as otherwise provided herein; provided, the owners may not reduce the
size of any lots except in accordance with appropriate re-subdivision approval by Harnett
County or other local governmental agency, and the owners may not re-subdivide the lots
in such a manner as to increase the number of lots within the subdivision. In the event
the lines and boundaries of any said lots are revised or varied pursuant hereto, the
location of the easements reserved herein and reserved as shown on the recorded Maps
shall automatically change so as to be located along and with the property lines of the lots
as revised.
ARTICLE III: BUILDING AND SETBACK REQUIREMENTS. No building
shall be erected, altered, placed or permitted to remain on any lot other than one
detached, single family dwelling not to exceed two stories in height and a private garage
for not more than three cars.
No one story dwelling shall be permitted on any lot unless such dwelling has a
ground floor area of the main structure, exclusive of basement, porches, garages and
storage area, of not less than 1,800 square feet. No dwelling with more than one floor of
finished living area shall be permitted on any lot unless such dwelling has a ground floor
area of the main structure, exclusive of basements, porches, garages and storage area, of
not less than 700 square feet.
No mobile homes shall be erected, altered, placed or permitted to remain on any
lot. No dwelling shall have or contain a metal roof, metal siding or exposed cinder block;
provided, painted or wood grain aluminum or vinyl siding, reasonably maintained, shall
be permitted. Such metal or block materials shall be deemed exposed even though the
same is painted completely. All materials used in the exterior construction of a dwelling
shall be new building materials.
No building shall be located on any lot nearer than 35 feet to the front lot line, no
nearer than 10 feet to any interior line, nor'nearer than 20 feet to any side street. No
building shall be located nearer than 25 feet to the rear lot line. For the purposes of this
restriction, eaves, steps and open porches shall not be considered as a part of any
building; provided, however, that this shall not be construed to permit any portion of a
building on a lot to encroach upon another lot. Minor violations of five (5%) percent or
less in setback requirements shall not be cause for correcting action by owners.
2
In the event a lot owner builds a dwelling on two or more lots, the multiple lots
shall be considered as one for the purpose of set back requirements.
ARTICLE IV: LOT AREA AND WIDTH. No dwelling shall be erected or
placed on any lot having an area of less than Fifteen Thousand (15,000) square feet.
The layout of lots shown on said plat shall be adhered to and no scheme of facing
lots in any other direction than that shown on said plat shall be permitted; that said
property shall not be further subdivided into single building lots but lots may be once
subdivided to increase the size of adjoining lots. The grantor, its successors or assigns,
reserves the right to further subdivide said property or to redivide the same in case of
hardship, to waive restrictions as to building lines.
ARTICLE V: Uses. No lot shall be used except for single family residential
purposes. No lot shall be used for business, manufacturing or commercial purposes. No
retail or wholesale businesses are permitted, which shall include, but not be limited to,
antique shops, gift shops, craft shops, beauty shops, or auto repair shops.
ARTICLE VI: EASEMENTS. Easements 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 material shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance of utilities, or
which may change the direction of flow of drainage channels in the easements, or which
may obstruct or retard the flow of water through drainage channels in the easements. The
easement area of each lot and all improvements in it shall be maintained continuously be
the owner of the lot, except for those improvements for which a-public authority or utility
company is responsible.
ARTICLE VII: NOXIOUS OR OFFENSIVE ACTIVITY. No noxious, offensive
or environmentally unsound activity, conditions or trade shall be carried on or permitted
upon the property, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. There shall not be maintained any plants or
animals, or device or thing of any sort whose normal activity or existence is in any way
noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the
enjoyment of other property in the neighborhood by the owners thereof, except as
otherwise specifically permitted herein.
3
No mobile homes or inoperable motor vehicles may be stored or regularly parked
on lots. No signs or billboards shall be placed, erected or maintained on any lot, except
"For Sale" signs of not more than eight (8) square feet in area.
ARTICLE VIII: PETS. Dogs, cats and other household pets shall be permitted on
all lots, provided (1) not more than five (5) pets can be kept and maintained upon any lot,
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 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.
ARTICLE IX: TEMPORARY STRUCTURES. No structure of a temporary
nature, trailer, camper, van, basement, tent, shack, garbage, barn or other outbuilding
shall be erected, placed used or permitted on the Property for residential purposes.
Trailers, campers, vans, boats, and RV's must be parked in back yards.
ARTICLE X• GARBAGE REFUSE, AND DEBRIS. It shall be the
responsibility of each lot 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 or adjoining lots. All lots shall be
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 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.
ARTICLE XI: COMMUNICATIONS AND MICROWAVE DISHES.
Communication/Microwave dishes shall be positioned so that they are behind a house. If
they are visible from a public street, they must be screened by fencing and/or shrubs so
that they cannot be seen from the public street.
ARTICLE XII: 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.
4
ARTICLE XIII: WATER AND SEWER SYSTEM. All water and sewage
systems shall be installed and maintained in conformity with the requirements of the
Harnett County Health Department, and shall be inspected and approved by same.
ARTICLE XI 1: SIGHT DISTANCE AT INTERSECTIONS. No hedge or shrub
planting which obstructs sight lines at more than three (3) feet above the roadways shall
be placed or permitted to remain on any comer lot within the triangular area formed by
the street property lines and line connecting them at points twenty (20) feet from the
intersection of the street lines, or in the case of a rounded property comer from the
intersection of the street property lines extended. The same sight line limitations shall
apply on any lot with ten (10) feet from the intersection of a street property. line with the
edge of a driveway or alley pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines.
ARTICLE XV: STREET LIGHTING. The Developer or his Assigns *reserve the
right to subject the real property in this subdivision to a contract with Central Electric
Membership Corporation (EMC) 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 'a continuing monthly payment to EMC by the owner of each building. Also, the
County of Harnett may levy special tax assessments against each lot to install street
lighting.
ARTICLE XV: NOTICE. Any notice required to be sent to an owner under the
provisions of this Declaration shall be deemed to have been properly sent, notice thereby
given, when mailed, postage prepaid, to the last known address of the person who
appears as. owner upon the Harnett County tax records. Notice to one of two or more co-
owners of a lot shall constitute notice to all co-owners.
ARTICLE XVII: DURATION. These covenants are to run with the land and
shall be binding on all parties and all persons claiming' under them for a period of twenty-
five (25) years from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of ten (10) years, unless
an instrument is signed whereby these properties shall be released from any of said
covenants by a two thirds (2/3) majority of the then owners of the lots, has been recorded,
5
agreeing to change said covenants in whole or in part. However, Article XXI cannot be
amended without the express written consent of the U. S. Army Corps of Engineers,
Wilmington District.
ARTICLE XVIII: ENFORCEMENT. If the parties hereto, or any of them, or
their heirs, successors or assigns, shall violate or attempt to violate any of the covenants
herein, it shall be lawful for any other person or persons owning real property which is
subject to this Declaration to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such covenant, and either to
prevent it, her, him or them from doing or recover damages or other dues for such
violation.
ARTICLE XIX. INVALIDATION. Should any covenants or restrictions herein
contained, or any sentence, clause, phrase or term of this Declaration be declared to be
void, invalid, illegal or unenforceable, for any reason, by the adjudication of any court or
other triburial having jurisdiction over the parties hereto and the subject matter hereof,
such judgment shall in no way affect the other provisions hereof, which are hereby
declared to be severable and which shall remain in full force and effect. In addition, if
there is any contradiction between these restrictions any governmental ordinance, law of
regulation of a Federal, State or local agency, the latter shall prevail..
ARTICLE XX: FENCES. ' No fence shall be created on any lot closer to the front
of the lot than the house's rear corner. No fence shall be built within the easement for
utilities as set forth in Article VI of these covenants. Fencing traversing.a lot shall be
parallel with the front lot line. Provided however, that with respect to comer lots, no
fencing shall be erected or maintained any closer than forty-five (45) feet from the front
property line, not to exceed a ten-foot extension from the back corner of the house
(extended from the back line of the house); and in the event a house: has already been
established on the lot adjacent to the corner lot, no fencing shall be erected on the corner
lot any closer to the front of the lot than the distance the front comer of the adjacent
structure is from its front property line; in any event, fencing shall be no closer than the
house's rear corner. Solid privacy fences over three (3) feet in height shall not be built
within twenty-five (25) feet of a public right-of-way.
6
• 1
ARTICLE =: CONSERVATION AREAS. The areas shown on the recorded
plat identified as Laurel Valley S/D, dated May 18, 2006, recorded in Map #2005-500 as
conservation areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall perform any of the following activities on such
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition
of a Clean Water Act authorization issued by the United States of America, U.S. Corps of
Engineers, Wilmington District, Action ID and therefore may be enforced by the United
States of America. This covenant is to run with the land, and shall be on the Owner and
all parties claim under it.
7
N
w EBURDETTE LAND CONSULTING, INC.
308D W Millbrook Road, Suite 200 - Raleigh, North Carolina 27609
Telephone [phone] - Fax [phone]
S
AGENT AUTHORIZATION FORM
US Army Corps of Engineers North Carolina Division of Water Quality
Wilmington Regulatory Field Office Central Office
69 Darlington Avenue Mail Service Center 1650
Wilmington, North Carolina 28403 Raleigh, North Carolina 27699
To Whom It May Concern:
By signing below, the current property owner gives representatives of Burdette Land
Consulting, Inc. permission to act as their authorized agent for jurisdictional and isolated waters
and riparian buffer determinations, delineation, and permitting for the subject project. This
authorization includes permission to enter the site to conduct site meetings with US Army Corps
of Engineers and NC Division of Water Quality personnel, as necessary.
Project Name: Laurel Valley Subdivision
BLC Project #: 60025
Current Property Owner or Easement Holder:
Name: New Century Homes LLC
(include contact person if a corporation, partnership, or government)
Mailing Address: P O Box 727
Dunn North Carolina 28335
Telephone: [phone] Fax: [phone]
LJULG
A-x rolt-
Print N me (incl de title, if appropriate)
l L. - ?
Jutwu?WI ?
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Office Use Only: Form Version March 05
USACE Action ID No. 200600471 DWQ No. 2 0 0 6 1 0 5 3
(1t any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing n r 1 r7,
[), n.-,, ;;- ?
Check all of the approval(s) requested for this project: + L_;-0 C I`
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management.- Area of
Environmental Concern (see the top of page 2 for further details),'check here:.,
II. Applicant Information 0;i
1. Owner/Applicant Information
Name: New Century Homes, LLC
Mailing Address: Attn: Mr. Danny Norris
P O Box 727
Dunn North Carolina 28335
Telephone Number: 910/892-1402 Fax Number: 910/890-3319
E-mail Address: NA
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: Jennifer A. Burdette
Company Affiliation: Burdette Land Consulting, Inc.
Mailing Address: 308D W Millbrook Road Suite 200
Raleigh, North Carolina 27609
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 10
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: Laurel Valley Subdivsion
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 9576-79-7553.000
4. Location
County: Harnett Nearest Town: Pineview
Subdivision name (include phase/lot number): Laurel Valley
Directions to site (include road numbers/names, landmarks, etc.): The site is located on
southeast side of NC Route 27 approximately 0.7 mile northeast of NC Route 27's
intersection with NC Route 87, northeast of Pineview in Harnett County, North Carolina.
Figure 1 depicts the location of the property on the US Geological Survey (USGS) Olivia,
NC 7.5-minute quadrangle topographic map.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3144132 ON 79.0751926 °W
6. Property size (acres):
7. Name of nearest receiving body of water: UT to Mire Branch
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is enemy forested except for areas that were
initially cleared for development, which includes the subdivision streets.
Page 2 of 10
10. Describe the overall project in detail, including the type of equipment to be used: Heavy
equipment typical of road construction and grading were used to construct the streets and
their associated drainage system
11. Explain the purpose of the proposed work: The purpose of the project is to provide single-
family housing for the area -
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. On February 8 2006, the USACE issued a notice of violation letter to
the applicant for fill and excavation in wetlands and waters without a permit. Mr. Danny Norris
originally retained Mr. Peter Jelenevsky of Fluvial Solutions to act as his authorized agent to
resolve this violation by delineating the wetlands assessing the total impacts, restoring
temporal impacts or impacts identified as unnecessary and submitting an after-the-fact permit
for necessary impacts to complete the proposed subdivision. Mr. Jelenevsky completed a
delineation of the wetlands on the site and they were surveyed by Bennett Surveys, Inc. At the
end of March Mr. Norris retained Jennifer Burdette of Burdette Land Consulting, Inc. (BLC) to
replace Mr. Jelenevsky as his authorized agent for the project. On March 31, 2006, Ms. Burdette
reviewed the wetland delineation made a few minor adjustments completed wetland data forms,
and identified all impacts to wetlands and waters on the site. The impacts are shown on the
Surface Waters and Wetlands Impact Map (Figure 2) attached.
Under the direction of Ms Burdette and in consultation with Mr. Brad Shaver of the USACE,
Mr. Norris' road contractor restored the pre-construction contours in four areas where temporary
sediment basins a portion of roadway, and excess road shoulder that were located within
wetlands On May 22 2006, Ms Burdette submitted' photographs of the restored areas along
with data forms and a USGS Location Mm and Harnett County Soil Survey Map of the site to
support the wetland delineation and provide a status report on the project progress.
Three copies of the wetland survey are enclosed with the USACE's copy of this PCN application
for Mr. Brad Shaver's final verification The submission of this after-the-fact PCN application
and wetland survey completes the list of actions necessary to bring the proposed subdivision into
compliance
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.
Page 3 of 10
The impacts presented herein represent the entire project as it is currently understood; therefore
the applicant does not anticipate any future permit requests for this protect. It is important to
note that Phase Two originally planned for the project has been eliminated due to economic
reasons as well as to avoid certain wetland impacts
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: A total of twelve impacts that were
done previously or are proposed for completion of the subdivision have been characterized
on the project site Impacts 1 3 and 11 are the result of temporary sediment basins that were
dug approximated 12 to 18 inches deep Impacts 2 6 and 7 are areas that were cleared, but
pre construction contours remain Impacts 4 8 and 10 are permanent impacts associated
with construction of subdivision roadways
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
.., -hr t;- :m„aotc rt„P to tenth ctnictnre and flooding.
Jli LLL (AL

Wetland Impact
Site Number
(indicate on map) L..I 11JL iiaa LLV

Type of Impact - ---^---'-- -'- -- ---
of Wetland
Type
(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain
(es/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
1 temp/grading forested no 700 0.055
2 temp/mech clearing forested no 500 0.455
3 temp/excavation & fill forested no 300 0.181
4 perm/grading forested no 450 0.005
5 temp/excavation & fill forested no 350 0.144
6 temp/mech clearing forested no 350 0.052
7 temp/mech clearing forested no 280 0.258
9 perm fill forested no 0 0.053
10 perm/rdl forested no 200 0.035
11 temp/excavation & fill forested no 200 0.137
12 temp/mech clearing forested no 0 0.009
Total Wetland Impact (acres) 1.384
Page 4 of 10
3. List the total acreage (estimated) of all existing wetlands on the property: 10
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
8 UT to Mire Branch culvert Perennial 3.5 54 0.004
8 UT to Mire Branch riprap Perennial 3.5 10 0.001
Total Stream Impact (by length and acreage) 64 0.005
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the protect:
Stream Impact (acres): 0.005
Wetland Impact (acres): Temp=1.291 1.384
Perm=0.093
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 1.389
Total Stream Impact (linear feet): 64
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Page 5 of 10
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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 impacts occurred due to
miscommunications between the Uplicant and his subcontractors. Once the applicant learned of
the extent of wetlands on the property, the site plan was modified to avoid wetlands to the
maximum extent practicable Stream Channel Impact 8 and Wetland Impact 9 are unavoidable
impacts associated with a road crossing that is necessary in order to access the southwestern
portion of the property. This road crosses the stream channel and its adjacent wetlands
perpendicularl thereby hereby minimizing the crossing's impact Excess fill along the road shoulder
that was identified during one of the USACE site meetings was also removed to further minimize
the impacts of this crossing to wetlands Wetland Impact 10 results from a cul-de-sac that was
constructed12rior to the identification of the wetland boundary in this area. Due to the small size
and linear nature of this wetland costs associated with removing the existing roadway, and
uncertainty of successful restoration of this wetland we believe this impact is also unavoidable.
Wetland Impact 4 remains as a permanent wetland impact in order to tie the existing roadway
ditch into the re-sized sediment basin.
Lots 22, 36, 64, 67, 73, and 75 through 89 were eliminated from the proposed subdivision to
avoid permanent wetland impacts Proposed Wetland Impact 12 is a temporary impact that
would result from the installation of an off-site septic easement. Due to the small size of the
proposed septic line the applicant does not anticipate that clearing of mature trees will be
necessary for its installation or maintenance The remaining wetland impacts are also temporary
because they were either restored to their pre-construction contours or did not result in a loss of
wetlands (mechanized clearing only)
Lots with space constraints caused by avoidance of wetlands will be built by the applicant's
company, to reduce the potential for additional wetland impacts due to inadvertent disturbance
during the construction process This is a modification of the applicant's usual development
process in which lots are sold to unaffiliated home builders.
Page 6 of 10
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
Because the project's permanent wetland impacts (0.094 acre) are below the one acre
mitigation threshold for wetlands and stream channel impacts (64 linear feet) are below the
150 linear feet mitigation threshold for stream channels, BLC believes that NCDWQ's Water
Quality Certification #3402 would not require mitigation.
The USACE's Nationwide Permit 39 may require compensatory mitigation for projects that
require pre-construction notification to offset unavoidable losses of waters of the US. The
applicant proposes to preserve the remaining wetlands and stream channels on the property in
perpetuity through restrictions placed on these conservation areas in the subdivision's
Restrictive Covenants. A copy of the Restrictive Covenants that have been recorded with
Harnett County is attached. Figure 3 depicts the conservation areas proposed.
Approximately 9.4 acres of jurisdictional wetlands and an estimated 1900 linear feet of
stream channel are included within the proposed conservation areas. It is important to note
Page 7 of 10
that the attached and recorded Restrictive Covenants would have to be re-recorded to reflect
the USACE's Action ID number for the project and the appropriate reference to a recorded
map of the conservation areas.
The water management and aquatic life passage functions of the stream channel at the road
crossing are not lost with the installation of a culvert. Due to the sandy substrate of stream
channels in this area and their lack of riffle structures, BLC believes the only function loss
associated with the installation of the culvert is the estimated less than 10 feet of habitat lost
from the meander(s) of the stream channel at the road crossing. We also believe wetland
impacts of less than 0.10 acre in size for an entire subdivision project represent a minimal
adverse effect. Because of the minor functional loss associated with the project and the
applicant's avoidance and minimization efforts, BLC believes that the proposed mitigation
plan is sufficient compensatory mitigation to offset the adverse effect of the road crossing on
the stream channel and wetlands and the adverse effect of the other wetland im a? cts.
Restrictive covenants not only provide future protection of waters of the US, but also serve
an important role in directly educating the public about waters of the US that occur on their
property.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Page 8 of 10
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A_ NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the 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 Multiplier Required
(square feet) Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. Prior to development, the property did not contain any significant impervious acreage
Due to the relatively large lot size associated with on-site septic systems and undeveloped areas of
uplands and jurisdictional wetlands remaining on the property, the percent impervious surface is not
anticipated to exceed 20%.
Page 9 of 10
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.
Wastewater generated from the proposed project will be disposed of through individual, on-site
septic systems that will be approved by Harnett County.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed, project will not result in infrastructure improvements beyond those required to develop
the property itself.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
?Izlf/,a
y if an authorization letter from the applicant is provided.)
Page 10 of 10
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GRAPHIC SCALE USGS LOCATION MAP N
V = 2000, LAUREL VALLEY SUBDIVISION
zooo? 0 2000•
NEW CENTURY HOMES, LLC
HARNETT COUNTY, NC
DATE: 04/21/06 USGS 7.5' TOPO 7U-AD:
W E BURDETTE LAND CONSULTING, INC. DRAWN BY TMB OLIVIA
308D W N illbrook Road, Suite 200 -Raleigh, North Carolina 27609 CHK'D BY: JAB
S Telephone [phone]- Fax [phone] PROJECT #: 60025 FIGURE #: I

ACT 1
RAN (2,4\0 SF
I ACT '2\
AND (1 834
PACT 4
=TLAND (217
IMP CT 5
WE AND
AMPACT?6
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IMPACT 7
WETLAND (11.230
= THANNEL
i IMPACT 9
ry^ .

ti O

LEGEND
Elm CLEARED
WETLAND AREAS 0.765 AC
RESTORED

\ WETLAND IMPACTS 0.517 AC
PERMANENT
WETL AND IMPACTS 0.093 AC
t? ? TEMPORARY
WETLAND IMPACTS
0.009
AC
WE

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I
NOTES:
1.) WETLAND SURVEY AND ROAD ALIGNMENT PROVIDED BY
BENNETT SURVEYING
2.) ORIGINAL WETLAND DELINEATION WAS COMPLETED BY
MIKE EAKERS, REFRESHED BY PETER JELENEVSKY, AND
REVIEWED BY JENNIFER BURDETTE
3.) TOPOGRAPHIC INFORMATION WAS OBTAINED FROM
SF HARNETT COUNTY GIS
4.) IMPACT BOUNDARYS AND CALCULATIONS GENERATED
USING TRIMBLE SUBMETER GPS AND THE SUBDIVISION
PLAN
GRAPHIC SCALE
1" = 200'
200' 0 200' 400'
SURFACE WATERS AND WETLANDS IMPACT MAP DATE: 06127/06
SCALE: ]"=200'
LAUREL VALLEY SUBDIVISION DRAWN BY: TMB
NEW CENTURY HOMES, LLC CIIK'D BY: JAB
PINEVIEW, HARNETT COUNTY, NC PROJECT #: 60025
FIGURE #: 2
TLANDS
IMPACT 10
IMPACT 11
WETLAND (5985
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BURDETTE LAND CONSULTING, INC.
7W E+
308D W Millbrook Road, Suite 200-Raleigh, North Carolina 27609
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.•"N•••. PROPOSED CONSERVATION AREA MAP DATE: 06/26/06
W .E.' BURDETTE LAND CONSULTING, INC. SCALE: BY: T '
LAUREL VALLEY SUBDIVISION DRAWN BY: TMB
308D W Millbrook Road, Suite 200-Raleigh, North Carolina 27609 NEW CENTURY HOMES, LLC CHK'D BY: JAB
• S •• Telephone [phone]- Fax [phone] PINEVIEW, HARNETT COUNTY, NC PROJECT #: 60025
FIGURE #:r3
CONSERVATION AREA D
1.24ac
LEGEND
CONSERVATION AREAS
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TOTAL CONSERVATION AREA
= 9.4ac
CONSERVATION AREA C
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CONSERVATION AREA A
4.89ac
2006010932
FOR REGISTRATION REGISTER OF DEEDS
KIMBERLY S. HARGROVE
HARNETT COUNTY, NC
2006 JUN 14 10:09:51 AM
BOW PG:100-108 FEE135,00
INSTRUMENT # EWE
Prepared by Lynn A. Matthews, P.A., Attorney at Law;
108 Commerce Drive, Ste B, Dunn, NC 28334
NORTH CAROLINA DECLARATION OF
PROTECTIVE COVENANTS FOR
HARNETT COUNTY LAUREL VALLEY SUBDIVISION
THIS DECLARATION made this -ay of June, 2006 by NEW
CENTURY HOMES, LLC, a North Carolina limited liability company with its principal
office in Harnett County, North Carolina, hereinafter referred to as "Declarant'
DECLARANT HEREBY DECLARES, COVENANTS AND AGREES with all
persons, firms or corporations now owning or heareafter acquiring and interest in the real
property hereinafter described and said real property is and shall be held, transferred, sold
and conveyed subject to the protective covenants set forth. hereinbelow as to the use
thereof, running with said property, by whomsoever owned, to wit:
ARTICLE I: SUBJECT PROPERTY. The real property which is, and shall be
held, transferred, sold and conveyed subject to these protective covenants is located in the
County of Harnett, State of North Carolina, and is more particularly described as follows:
BEING all of Lots 1 through 21 and Lots 23 through 35 and
Lots 37 through 63 and, Lots 65 and 66 and Lots 68 through 72 and
Lot 74 and Lots 90 through 96, of Laurel Valley S/D, as shown on
map recorded in Map #2006-500, of the Harnett County Registry,
ARTICLE II: LOTS AND VARIANCE OF LINES. Each lot, as referred to in
Article I hereinabove, shall consist of a tract of land having an area as shown on the
aforesaid recorded map. The owners of said lots may not vary the lines and boundaries
1
of said lots except as otherwise provided herein; provided, the owners may not reduce the
size of any lots except in accordance with appropriate re-subdivision approval by Harnett
County or other local governmental agency, and the owners may not re-subdivide the lots
in such a manner as to increase the number of lots within the subdivision. In the event
the lines and boundaries of any said lots are revised or varied pursuant hereto, the
location of the easements reserved herein and reserved as shown on the recorded Maps
shall automatically change so as to be located along and with the property lines of the lots
as revised.
ARTICLE III: BUILDING AND SETBACK REQUIRES TENTS. No building
shall be erected, altered, placed or permitted to remain on any lot other than one
detached, single family dwelling not to exceed two stories in height and a private garage
for not more than three cars.
No one story dwelling shall be permitted on any lot unless such dwelling has a
ground floor area of the main structure, exclusive of basement, porches, garages and
storage area, of not less than 1,800 square feet. No dwelling with more than one floor of
finished living area shall be permitted on any lot unless such dwelling has a ground floor
area of the main structure, exclusive of basements, porches, garages and storage area, of
not less than 700 square feet. '
No mobile homes shall be erected, altered, placed or permitted to remain on any
lot. No dwelling shall have or contain a metal roof, metal siding or exposed cinder block;
provided, painted or wood grain aluminum or vinyl siding, reasonably maintained, shall
be permitted. Such metal or block materials shall be deemed exposed even though the
same is painted completely. All materials used in the exterior construction of a dwelling
shall be new building materials.
No building shall be located on any lot nearer than 35 feet to the front lot line, no
nearer than 10 feet to any interior line, nor 'nearer than 20 feet to any side street. No
building shall be located nearer than 25 feet to the rear lot line. For the purposes of this
restriction, eaves, steps and open porches shall not be considered as a part of any
building; provided, however, that this shall not be construed to permit any portion of a
building on a lot to encroach upon another lot. Minor violations of five (5%) percent or
less in setback requirements shall not be cause for correcting action by owners.
2
In the event a lot owner builds a dwelling on two or more lots, the multiple lots
shall be considered as one for the purpose of set back requirements.
ARTICLE IV: LOT AREA AND WIDTH. No dwelling shall be erected or
placed on any lot having an area of less than Fifteen Thousand (15,000) square feet.
The layout of lots shown on said plat shall be adhered to and no scheme of facing
lots in any other direction than that shown on said plat shall be permitted; that said
property shall not be further subdivided into single building lots but lots may be once
subdivided to increase the size of adjoining lots. The grantor, its successors or assigns,
reserves the right to further subdivide said property or to redivide the same in case of
hardship, to waive restrictions as to building lines.
ARTICLE V: Uses. No lot shall be used except for single family residential
purposes. No lot shall be used for business, manufacturing or commercial purposes. No
retail or wholesale businesses are permitted, which shall include, but not be limited to,
antique shops, gift shops, craft shops, beauty shops, or auto repair shops.
ARTICLE VI: EASEMENTS. Easements 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 material shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance of utilities, or
which may change the direction of flow of drainage channels in the easements, or which
may obstruct or retard the flow of water through drainage channels in the easements. The
easement area of each lot and all improvements in it shall be maintained continuously be
the owner of the lot, except for those improvements for which a-public authority or utility
company is responsible.
ARTICLE VII: NOXIOUS OR OFFENSIVE ACTIVITY. No noxious, offensive
or environmentally unsound activity, conditions or trade shall be carried on or permitted
upon the property, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. There shall not be maintained any plants or
animals, or device or thing of any sort whose normal activity or existence is in any way
noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the
enjoyment of other property in the neighborhood by the owners thereof, except as
otherwise specifically permitted herein.
3
No mobile homes or inoperable motor vehicles may be stored or regularly parked
on lots. No signs or billboards shall be placed, erected or maintained on any lot, except
"For Sale" signs of not more than eight (8) square feet in area.
ARTICLE VIII: PETS. Dogs, cats and other household pets shall be permitted on
all lots, provided (1) not more than five (5) pets can be kept and maintained upon any lot,
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 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.
ARTICLE IX: TEMPORARY STRUCTURES. No structure of a temporary
nature, trailer, camper, van, basement, tent, shack, garbage, barn or other outbuilding
shall be erected, placed used or permitted on the Property for residential purposes.
Trailers, campers, vans, boats, and RV's must be parked in back yards.
ARTICLE X: GARBAGE REFUSE AND DEBRIS. It shall be the
responsibility of each lot. 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 or adjoining lots. All lots shall be
j 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 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.
ARTICLE XI: COMMUNICATIONS AND MICROWAVE DISHES.
Communication/Microwave dishes shall be positioned so that they are behind a house. If
they are visible from a public street, they must be screened by fencing and/or shrubs so
that they cannot be seen from the public street.
ARTICLE XII: 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.
4
ARTICLE XIII: WATER AND SEWER SYSTEM. All water and sewage
systems shall be installed and maintained in conformity with the requirements of the
Harnett County Health Department, and shall be inspected and approved by same.
ARTICLE XIV: SIGHT DISTANCE AT INTERSECTIONS. No hedge or shrub
planting which obstructs sight lines at more than three (3) feet above the roadways shall
be placed or permitted to remain on any comer lot within the triangular area formed by
the street property lines and line connecting them at points twenty (20) feet from the
intersection of the street lines, or in the case of a rounded property comer from the
intersection of the street property lines extended. The same sight line limitations shall
apply on any lot with ten (10) feet from the intersection of a street property. line with the
edge of a driveway or alley pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines.
ARTICLE XV: STREET LIGHTING. The Developer or his Assigns reserve the
right to subject the real property in this subdivision to a contract with Central Electric
Membership Corporation (EMC) 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 a continuing monthly payment to EMC by the owner of each building. Also, the
County of Harnett may levy special tax assessments against each lot to install street
lighting.
ARTICLE XV: NOTICE. Any notice required to be sent to an owner under the
provisions of this Declaration shall be deemed to have been properly sent, notice thereby
given, when mailed, postage prepaid, to the last known address of the person who
appears as. owner upon the Harnett County tax records. Notice to one of two or more co-
owners of a lot shall constitute notice to all co-owners.'
ARTICLE XVII: DURATION. These covenants are to run with the land and
shall be binding on all parties and all persons claiming under them for a period of twenty-
five (25) years from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of ten (10) years, unless
an instrument is signed whereby these properties shall be released from any of said
covenants by a two thirds (2/3) majority of the then owners of the lots, has been recorded,
5
agreeing to change said covenants in whole or in part. However, Article XXI cannot be
amended without the express written consent of the U. S. Army Corps of Engineers,
Wilmington District.
ARTICLE XVIII: ENFORCEMENT. If the parties hereto, or any of them, or
their heirs, successors or assigns, shall violate or attempt to violate any of the covenants
herein, it shall be lawful for any other person or persons owning real property which is
subject to this Declaration to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such covenant, and either to
prevent it, her, him or them from doing or recover damages or other dues for such
violation.
ARTICLE XI L INVALIDATION. Should any covenants or restrictions herein
contained, or any sentence, clause, phrase or term of this Declaration be declared to be
void, invalid, illegal or unenforceable, for any reason, by the adjudication of any court or
other triburial having jurisdiction over the parties hereto and the subject matter hereof,
such judgment shall in no way affect the other provisions hereof, which are hereby
declared to be severable and which shall remain in full force and effect. In addition, if
there is any contradiction between these restrictions any governmental ordinance, law of
regulation of a Federal, State or local agency, the latter shall prevail..
ARTICLE XX: FENCES. ' No fence shall be created on any lot closer to the front
of the lot than the house's rear corner. No fence shall be built within the easement for
utilities as set forth in Article VI of these covenants. Fencing traversing a lot shall be
parallel with the front lot line. Provided however, that with respect to comer lots, no
fencing shall be erected or maintained any closer than forty-five (45) feet from the front
property line, not to exceed a ten-foot extension from the back corner of the house
(extended from the back line of the house); and in the event a house.* has already been
established on the lot adjacent to the corner lot, no fencing shall be erected on the corner
lot any closer to the front of the lot than the distance the front comer of the adjacent
structure is from its front property line; in any event, fencing shall be no closer than the
house's rear corner. Solid privacy fences over three (3) feet in height shall not be built
within twenty-five (25) feet of a public right-of-way.
6

ARTICLE XXI: CONSERVATION AREAS. The areas shown on the recorded
plat identified as Laurel Valley S/D, dated May 18, 2006, recorded in Map #2005-500 as
conservation areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall perform any of the following activities on such
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition
of a Clean Water Act authorization issued by the United States of America, U.S.?Corps of
Engineers, Wilmington District, Action ID;4 and therefore may be enforced by the United
States of America. This covenant is to run with the land, and shall be on the Owner and
all parties claim under it.
7
N .
W E'! BURDETTE LAND CONSULTING, INC.
308D W Millbrook Road, Suite 200 - Raleigh, North Carolina 27609
S Telephone [phone] - Fax [phone]
AGENT AUTHORIZATION FORM
US Army Corps of Engineers North Carolina Division of Water Quality
Wilmington Regulatory Field Office Central Office
69 Darlington Avenue Mail Service Center 1650
Wilmington, North Carolina 28403 Raleigh, North Carolina 27699
To Whom It May Concern:
By signing below, the current property owner gives representatives of Burdette Land
Consulting, Inc. permission to act as their authorized agent for jurisdictional and isolated waters
and riparian buffer determinations, delineation, and permitting for the subject project. This
authorization includes permission to enter the site to conduct site meetings with US Army Corps
of Engineers and NC Division of Water Quality personnel, as necessary.
Project Name: Laurel Valley Subdivision
BLC Project #: 60025
Current Property Owner or Easement Holdei:
Name: New Century Homes LLC
(include contact person if a corporation, partnership, or government)
Mailing Address: P O Box 727
Dunn, North Carolina 28335
Telephone: [phone]
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Fax: [phone]
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