20010034 Ver 2_More Info Letter_20070129

a~G~~"co~
0
Environmental Consultants, PA
Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
To: US Army Corps of Engineers
Wilmington Regulatory Field Office
Attn: Thomas Ferrell
69 Darlington Avenue
Wilmington, NC 28403
N.C. Division of Water Quality
Fayetteville Regional Office
Attn: Ken Averette
225 Green St., Suite 714
Fayetteville, NC 28301-5094
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
o ~~~~~ D
~l ,~ ~ ~.pt,~7
~~~~ ~ ~,
Re: SRW Builders, Inc. /Kings Grant S/D -Individual Permit Application
USAGE (Action ID No. 200500603) &DWQ (Project No. 01-0034)
Additional Information
Dear Mr. Farrell and Ms. Karoly,
On behalf of our applicant, SRW Builders, Inc., we are hereby providing additional
information requestedby the U.S. Army Corps of Engineers (USAGE) in a memo dated
December 19, 2006 (see attached). This additional information is an amendment to the existing
Individual Permit application under review by both the USAGE (Action ID No. 200500603) and
N.C. Division of Water Quality (DWQ; Project No. 01-0034).
Item 1-Wetland Survey. Attached is a revised map with the approved wetland
delineation superimposed with only the road system and utility line routes, road names
and wetland impacts.
Item 2 -Kings Grant Wetland Impacts Map. Attached is a revised map with changes
made to clarify the hatching and the scale on the house plans.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
p~-- 0034 V~
January 26, 2007
S&EC Project # 7381.W0

SRW Builders, Inc. -Kings Grant / S&EC No. 7381.W0 /January 26, 2007
Item 3 -Tract 2. (a) The previous map identified an area as "crossing 3". This area is
located within the Lionshead Condominium property. This property was mistakenly
shown as part of Tract 2. The applicant does not own this property. The southern limits
of Tract 2 and the project area defined in the current application end near McPherson
Creek. As such, the maps have been revised and this property is no longer mistakenly
identified within Tract 2 or the project area. (The USAGE approved 0.17 acres of
wetland impacts for the development of the Lionshead Condominium development in
January 2002 (AID No. 200000671).) .
(b) The "linear feature" shown within Tract 2 is an existing Fayetteville Public Works
Commission (PWC) sanitary sewer line and easement. It's our understanding that
wetland impacts associated with this sewer line were addressed and approved by the
USACE in July 1993 (AID No. 199100098). We are requesting. in our current
application some minor temporary impacts to connect to this existing line (Crossing #2 -
Utility Line).
(c) The road and parking areas on this property are existing. We do not have the "as-
built" layout information to include on our maps. As described above, this property is
not owned by the applicant and is not located within Tract 2 or the project area and was
previously permitted by the USACE in January 2002.
Item 4 -Mitigation. Attached is a copy of the draft restrictive covenant to preserve the
remaining wetlands in the project area.
It is our understanding that this additional information will provide you all of the
information required for you to continue the review of our permit application. Please contact us
if you require any information beyond what has been provided in this response. We appreciate
your review and comments.
Sincerely,
--_ ~'G~ "- ~.- .
_,t - ~.
Bob Zarzecki,
Environmental Specialist
Soil & Environmental Consultants, PA
Attachments: USAGE December 19, 2006 Memo
Wetland Impact Maps (with wetlands and no lots)
Wetland Impact Maps (with wetlands and lots)
Draft Restrictive Covenant
Page 2 of 2

~RAfr
Prepared By and Return To:
L. Holden Reaves
Reaves & Reaves, PLLC
P.O. Box 53187
Fayetteville, NC 28305
SUPPLEMENTAL AND AMENDED DECLARATION OF COVENANTS
KINGS GRANT SECTION
THIS SUPPLEMENTAL AND AMENDED DECLARATION OF
COVENANTS (this "Supplemental Agreement") is made and entered into this day
of , 2007 by SRW BUILDERS, INC., a North Carolina corporation
(the "Declarant").
WITNESSETH:
WHEREAS, Declarant executed and caused to be filed a certain Declaration of
Covenants which was recorded in Book 6449, Page 534 and re-recorded in Book 6473,
Page 372 (Section A), as amended in Book 6566, Page 622 (Section B-1), as further
amended in Book 6687, Page 296 (Section D-1), further amended in Book 6965, Page
432 (Section C, Building 26), further amended in Book 6982, Page 354 (Section C,
Building 25), further amended in Book 6983, Page 774 (Section D-1, Part 2), further
amended in Book 7017, Page 28 (Section C, Building 24), further amended in Book
7038, Page 646 (Section B-1 Revision), further amended in Book 7038, Page 650
(Section C, Building 23), further amended in Book 7054, Page 437 (Section C, Building
5), further amended in Book 7139, Page 152 (Section C, Building 4), further amended in
Book 7164, Page 366 (Section C, Building 3), further amended in Book 7164, Page 370
(Section B-2), further amended in Book 7217, Page 679 (Sections D2/D3), further
amended in Book 7282, Page 289 (Section C, Building 22), further amended in Book
7306, Page 79 (Section E-1), further amended in Book 7384, Page 345 (Section C,
Building 21), further amended in Book 7441, Page 491 (Section C, Building 20), all
Cumberland County Registry (as amended, the "Declaration"), the terms of which are
incorporated herein by this reference; and
WHEREAS, the Declaration applied to and covered portions of the Kings Grant
subdivision, all as referenced therein (the "Other Sections of Kings Grant"); and

WHEREAS, said Declaration provided that any future sections of Kings Grant
subdivision would become subject to the Declaration after recording a plat for any new
section and after recording a supplemental declaration which expressly makes any new
section subject to the terms of the Declaration;
WHEREAS, said Declaration also provided that Declarant may make any
complementary additions and/or modifications of the covenants and restrictions
contained in the Declaration as maybe necessary and convenient to reflect the different
character of any new section; and
WHEREAS, the Declarant is the owner of and has caused to be recorded a plat
entitled "Zero Lot Subdivision of Section of Kings Grant", which has been duly
recorded in Plat Book ,Page ,Cumberland County Registry (the "New
Section"); and
WHEREAS, the Declarant desires that the New Section become subject to the
terms of the Declaration;
WHEREAS, the Declarant also desires that certain identified wetland areas within
the New Section be preserved and subject to additional restrictions, all as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained in the
Declaration and other good and valuable consideration, the Declarant hereby declares as
follows:
1. The New Section is hereby made subject to the terms of the Declaration; said
property shall be subject to the restrictions and obligations as described in the
Declaration and shall also benefit from all easements and other rights described
therein;
2. In addition, the areas shown on the aforementioned recorded plat for the New
Section as [fill in name exactly as referenced on the
plat - e.g. - "conservation areas"] shall be maintained in perpetuity in their
natural and unmitigated 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; or
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. Army 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 binding upon the Declarant, all owners and their
household members, tenants, agents and guests, and all parties claiming through
or under said parties.
Notwithstanding anything to the contrary in the Declaration, this covenant may
not be amended without the express written consent of the U.S. Army Corps of
Engineers, Wilmington District.
3. Except as specifically amended herein, the Declaration remains unchanged and in
full force and effect, and the undersigned by its execution hereof, hereby ratifies,
affirms, and approves the Declaration, as specifically amended hereby.
[The Remainder of This Page Intentionally Left Blank]

IN WITNESS WHEREOF, Declarant has set its hand the day and year first above
written.
STATE OF
COUNTY OF
DECLARANT:
SRW BUILDERS, INC.
By:
President
I, , a Notary Public of said County and State, do hereby certify that
personally appeared before me this day and acknowledged that she/he is the
of SRW BUILDERS, INC., a North Carolina corporation and that by
authority duly given, and as the act of said corporation, said person executed the foregoing instrument on
behalf of said corporation.
WITNESS my hand and official seal or stamp, this the day of , 2007.
My Commission Expires:
Notary Public
[Affix Notary Seal or Stamp]

,.ak,
This map only depicts the impacts and
wetland locations within the boundaries
of properties owned by SRW Builders. Other
impacts or wetlands may exist on properties
not owned by SRW Builders.
~.
~_ fll
~~ ~(\\)
• ~ r
r ~,
~~ ~ r D
~I ~0 w ~
/' / ~ ~~:
~ ~ rT
•+~~ /
~ ~,\ ~/~~
f~T ~ , S ~ w `l
~ ~ ~ ~ ~ ,,,
~~ '~ ~ j ~ _
Pk
~ ,l
C(~By
z~ gcot,S /. ~'
F
,~;,, _ V
S EASEMEN~\ f II
~nct ~e=risnsF "~
~:~
RwPw~~ ,
OSEI) VYEFWJDS CRp5$~IN~ #§
A.T}'fL~ BRIOGE ROiW ? ,~
=snur[pu~rµ~ atosv ~ 1 - ?,4_
EXISTING WETLANDS CROSSING #T T t ~
' `.,
MRnc,EO u~=+un sF
AE4511RE0 FR~I TOETO TOE I KI
arxrstorE o
EXISTING WETLANDS CROSSING
r I ~I CI
un~cTEOnRen=ezn sF
rEnsuREO FRae roE ToroE rrr ~. CI
aF FILL SLWE
NI
i;
p
~; ; ',
tr
~ P~ ~ s
\\ GRAPHIC SCALE S
/ ~~
~./
/ p
/ K CS ~l~r IYwr ~tll
~CM~ ~ T j
S
F'
Fa
P:
i/ Fn
PA
0
H:
DR
SN
~~
D ~~T~
oa_uTi©r~~°~tJc
THIS IS NOT A SURVEY
d10.1EM nENFN qIY
iY~19N5
PRINTED TO APPROX.
1J3 SCALE BY S&EC, PA
01.26-07
i.e., OVERALL Sale oH'=250'
when puned is 1'=500'
INSET sales M 1'=fi0'
when punted is 1'=120'
OJECT NAME
;INGS GRANT
VETLAND
UIPACTS MAP
IMSEYSTREET
NGS GRANT CLUB
TOSS CREEK TOWNSHIP
TY OF FAYETTEVILLE
1MBERLAND COUNTY
)RTH CAROLINA
LIENT
RW BUILDERS
5 Nunn WFEa~a G!+u:~^, Ra~.S
J.3ox:?o~u
yer:rrte, Nar;,z.:f~:.~.;ar5
x,~e:,?~ol raa i+U
x: ;910; Bf~A~09~
0.1ECTINFpAAIAP.QiJ
suRVevxrr ~ ,

PF,'VE:iNUk'fn: '.C
RAYIfNG SCALE
,aizcxr~_~.%~T
TE
FEGfii.4Rv ui. _rP:a
EET NttM6ER

This map only depicts the impacts and
wetland locations within the boundaries
of properties owned by SRW Builders. Other
impacts or wetlands may exist on properties
5o~€~TiorLsaNc
iw ~.~<..., A ,:A -,amrhl,-~,~
THIS IS NOT A SURVEY
rw cuEarnE>7exeur
RES'ISIDNS
"PRINTED TO APPROX.
1!3 SCALE BY S&EC, PA
01-26-07
i.e., OVERALL sdkdl'~50'
wMn pooled Is 1'-750'
INSET scales d 1'=60'
when pnnk0 k 1'=-180'
pRO~ECrNaL~E
t7.IJ I INU Wt I LANUJ UKUJSINU B/
mrncteo~nu=lgzie6P
MFASUREO FaOMTOE iO TOES
a riu uavE
GRAPHIC SCALE
1 tM v¢r )
„a~.~e
KINGS GRANT
WETLAND
IMPACTS MAP
0l - 003} V ~
RAMSEYSTREET
KINGS GRANT CLUB
CAOSS CREEK TOWNSHIP
CITY OF FAYETTEYILLE
CUMBERLAND COUNTY
NORTH CAROLINA
CLIENT
SRW BUILDERS
2)a Nadh let;.?Ye~:.T Cnm:h Po~U
p.C. ~ 52.x',5
Fa,=.le,ile, tic.e: Ga;dln-.28x05
Ph;?e: fit0j %611 %5
Fax: IQro? a5+~s2a
pROdEC'f INFORMATION

UpP'M.6Y. SiRY
CFF::~CC 6` J4
Nea~~cre~.~+ ~,...
CRAWIND SCALE
P:CRUGFdiil: !":4ti
JaTE
FESR~tARi'E.::^ir
SHEETNUMBER
2F