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Home My WebLink About20051915 Ver 1_Complete File_20051014 ~ AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality I,. Michael F, Easley, Governor William G, Ross, Jr" Secretary Alan W. Klimek, P,E., Dtre9tor . ..~. '<. December 9, 2005 DWQ Project # 05-1915 Pamlico County Sylvan Friedman 103 Pelican Circle Oriental, NC 28571 CERTIFIED MAIL: #7005 1820000246304983 !DJ&@~ blf IJ1 Orf@ Fi' DC'C Ii;) I..; 1 5 " I,:jj , (DO 5 ../ t~/l:' D~lVb I ' '<;T!iuv;, '1" .'1-:" "".-' Subject Property: Lo~ 14, Serenity Court, The Cloisters at Kershaw Cre~i{Ds%~;5,i;~i\~~/" Onental, NC t(L.,'?Ai/Cf./ Neuse River Basin Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233 (9)(b)] Dear Mr. Friedman: You have our approval, in accordance with the conditions listed below, to impact 2049 square feet (ft2) of Zone 2 of the protected buffers to construct a dwelling on the subject property as described within your variance request received by !he Division of Water Quality (DWQ) on October 14,2005. These impacts must be in accordance with the plot plan submitted with your application. This lener shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, 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 and Division 'of Coastal Management regulations. 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(s) must be given a copy of this variance approval and plot plan and is thereby responsible for complying with all conditions. . This approval requires you to follow any conditions listed below. N. C. Division of Water Quality 943 Washington Square Mall A7A NCDOO Washington, N.C. 27889 Telephone (252) 946-6481 FAX (252) 946-9215 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Buffer Mitigation (EEP) Option 1: You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 3074 square feet as required under this variance approval and 15A NCAC 2B .0233. You have the option to make a payment into the Riparian Buffer Restoration' Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(i)(C). Until the EEP receives and clears your check (made payable to: DENR -Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur. The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into the EEP. For accounting purposes, this variance approval authorizes ~ayment into the Riparian Buffer Restoration Fund to compensate for 3074 ft of required riparian buffer mitigation for impacts to 2049 fr of protected riparian buffers; 03-04-10,27- 129-5 river and subbasin." Option 2: The DWQ will accept analtemative method of mitigation (including but not limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0233) to satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit! Washington Regional Office for review and approval. This plan should include a proposal to plant at least twenty-three (23) native species of hardwood trees with in the riparian buffer area. For more information, please contact this office. No impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non- erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). F 4. Certificate of Completion Upon completion of all work approved within the 40 1 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. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of the conditions ofthis approval, you may ask for and 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, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15ANCAC 2B .0233(9)(b)]. Please call Kyle Barnes at 252- 948-3917 if you have any questions or require copies of our rules or procedural materials. Sincerely, JL Lkr AI Hodge/Supervisor ~ Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: Certificate of Completion Project Plan cc: DWQ WaRO Regional Office DWQ Central Office, Cyndi Karoly Central Files Pamlico Co; Dept. of Building Inspections LEGEND DP Ex1STINQ /RON PIPE DR EXlS1INQ IRON ROO EPK Ex1STING PK NAlL SIP SET IRON PIPE $PI( SET PI( NAIl. NPS NO POINT SET R/W RIGHT OF WA Y EOP EDGE OF PAVDIENT VICINITY SKETCH NOT TO SCALE UNE L19 L20 L21 L22 L23 UNE TABLE BEARIl'JG N23"20'21"W 576"56'23"W 55 ~8'53"W N85'5'06"W N06.46'59"W LENGTH 92.89' 99.28' 86.47' 67,63' 80,29' CURVE C17 C18 C19 RADIUS 55,00' 55.00' 55.00' CURVE TABLE LENGTH BEARING 52.12' N2 "21'43" 31.70' . N69~1'25"E 31.0S' S78'6'34"E CHORD 50,19' 31,26' 30,67' n'\ls PROPERlY IS LOCATED W1llilN A SPECIAL. f1.000 HAZARD AREA AREA OF IMPACT ZONE 2 . , . 2048.39 SF f1.000 ZONE . . . . . . . . . . . . . . . IJ:. BASE f1.000 ELEV . ." . . , . . . . , 7.0 FIRM UAP . . . . . , . . . . 3720648600J COMMUNITY NAME . . . TOWN OF ORIENTAl. COMMUNITY # . . . . . . . . . . . 370279 EFFEC11VE . . . . . . . . . . .AJLY 2. 2004 MINIMUM BUILDING UMITS FRONT . . . 30' SIDE. . . , 10' REAR . ., '5' REFERENCES PC A. SL 51-1 DB 417 PG 450 Kendall E. Gaskins, PLS L-3824 -== SURVEY FOR = KERSHAW . CREEK PROPERTIES I LLC. LOT #14, THE CLOISTERS at KERSHAW CREEK TAX ID: A PORTION OF IOB-35' NUMBER 2 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA SCA1E 1" = 100' Kendall E. Gaskins, PLS PROFESSIONAL LAND SURVEYING PO Box 354- 8162 Main Street Vancebcrc, NC 28586 . Phone: 252-244-0599 Fa~ 252-244-5899 I, Kendall E. Gaskins, hereby certify that this map was drawn under my direction and supervision from an actual survey made under my direction and supervision, that the error of closure as calculated by latitudes and ~epartures is 1: 10,000+. Witness my hand end seo\ this 5th day of AUGUST, 2005. Certification of Completion DWQ Project No.: Applicant: County: Project Name: Date ofIssuance ofIsolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of ili~~ . . Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications. and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that. to the b~t of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent:ofthe 401 Water Quality Certification aDd Buffer Rules, the approved plans and specifications, and other suppoI1ing materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date reviews Subject: reviews From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Fri, 09 Dec 2005 17:05:04 -0500 To: Ian McMillan <ian.mcmillan@ncmail.net> Ian, I need a copy of 05-1914 Sylvan Friedman Lot 13 The Cloisters at Kershaw cr. It is listed as received in BIMS but it was not in the stack sent to WaRO. these were reviewed 401 05-2025 Day Beacon #9 normal conditions Beaufort 11/4/2005 12/09/05 cmj issue 05-1969 Former Robs Marina issue normal conditions Beaufort 10/27/2005 12/09/05 cmj These were written 05-1970 John Elrick pamlico 10/27/05 12/01/05 NBR/GMV Issued normal conditions 05-1971 Daniel Forman pamlico 10/27/05 12/06/05 NBR/GMV Issued normal conditions 05-1893 Don Fowler pamlico 10/12/05 12/09/05 nbr/min Issued normal conditions 05-1911 Sylvan Friedman Lot 6 pamlico 10/14/05 12/09/05 nbr/min Issued normal conditions 05-1912 Sylvan Friedman Lot 11 Pamlico 10/14/05 12/09/05 nbr/min Issued normal conditions 05-1913 Sylvan Friedman Lot 12 pamlico 10/14/05 12/09/05 nbr/min Issued normal conditions 05-1915 Sylvan Friedman Lot 14 pamlico 10/14/05 12/09/05 nbr/min Issued normal conditions Have a good weekend. KB 1 of 1 12/19/20053:15 PM 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 October 19, 2005 DWQ Project # 20051915 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Sylvan Friedman President/Owner 103 Pelican Circle Oriental, NC 28571 Subject Property: Lot 14, Serenity Court, The Cloisters at Kershaw Creek Oriental, NC REQUEST FOR ADDITIONAL INFORMATION Dear Mr. Friedman: On October 14, 2005, the Division of Water Quality (DWQ) 401 OversightJExpress Review Permitting Unit received your variance request dated October 12, 2005. The DWQ has determined that your project is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pam/ico Riparian Buffer Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act, Approved 5/9/2001. However, the DWQ needs additional information in order to complete the approval process of your variance, Therefore, unless additional infonnation is provided as described below, we will have to move toward denial of your request per 15A NCAC 2B .0260(9) and will place this project on hold as incomplete WItil we receive this additional information. Specifically: Additional Information Requested: 1. Please relocate the repair and initial septic tank drain field toward Queen Anne's Court to minimize or avoid impact in Zone 2. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and Kyle Barnes of the DWQ Washington Regional Office at 943 Washington Square Mall, Washington, NC 27889. Ifwe do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Please call Mr. John Dorney of this office at (919) 733-9646 if you have any questions. CBK/jrd l!);rupeM~ . o 1 verSight/EXP;~~view Permitting Unit cc: Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Allen Probst. Mariner Realty, mc" P.O, Box 750, Oriental, NC 28571 Filename: 20051 91 5FriedmanLotI4(Pamlico)GenVarHold _~SJne C ~ Ncaro na 'Il/lIrn. rll 01 Oversight/Express Review Permitting Unit '50 Mail SeJVice Center, Raleigh, North Carolina 27699-1650 'I Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 le: 919-733-1786/ FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.uslncwetlands 'ual Opportunity/Affirmative Action Employer - 50% Recycledll 0% Post Consumer Paper ~- m .....-. Sales. Property Management. Appraisals ~ Development October 12, 2005 Kyle B~es . Division of Water Quality 943 Washington Square Mall Washington, NC 27889 RE: Minor Variance Request for Lots #2, #3, #4, #5, #6, #11, #12, #13, #14, #16 and #17, The Cloisters at Kershaw Creek near Oriental, NC Dear'Mr, Barnes: . . Enclosed please find 11 minor variance request for the above referenced subdivision near Oriental, NC. Each of these lots has a separate minor variance request with copies sent to Diane Edwards in the Raleigh office. This subdivision was platted and duly recorded in November, 1989. The original name of this development was Captain's Walk Subdivision, developed by Zachary Taylor of New Bern; NC, Mr~ Taylor roughed-in the roadways and installed an approved 6" water main through-out the entire development with fire hydrants at both cul-de-sacs and individual water taps wi meter boxes at each individuallot(24 water taps), This line was approved by DEHNR on 12/1l/90and was installed in 1991. The engineering firm that designed this line was Thomas Engineering Consultants, PAin New Bern, NC. By virtue that improvements )Vere made prior to August, 2000, this development should have vested rights and should qualify for minor variances on an individual basis. The developer who recently purchased all of this development is Sylvan Friedman. The property was purchased under the name of Kershaw Creek Properties, LLC, Mr. Friedman understands that there maybe mitigation required in order to obtain these variances. Please specify, if a variance is conditionally given that requires mitigation, the amount of money required for each variance. Every possible effort was made to avoid a variance request with 12 of these lots not requiring any impact to the Neuse River Buffer. The 11 lots submitted for a variance request have the least possible impact necessary in order to build a home of practical design and size. A variance request for Lot # 15 will be submitted in the future once a septic permit is issued for that lot. I will be available at your earliest convenience to show you this property if necessary. I can be reached at 252-249-1014(w) or 252-671-4644(cell). If you have any further questions, please call me. ~.~ Alien Propst. ' Mariner Realty, Inc.. . .1i~@&OW&@ CT 1 4 2005 I!!J ~ ~?N~"WA . ....'l.IWD8.wDST~~9uALI1Y ...""I't"A7fR BRANcH Post Office Box 750 · Oriental, North Carolina 28571 · (252) 249-1014 www.orientalncwaterfront.com 800-347-8246 cc: Diane Edwards,DWQ - Raleigh office . @ Printed on recycled pa~r I OFFICE USE ONLY: Date Received _________________ Request # ------------- I State of North Carolina Department of Environment and Natural Resources Division of Water Quality 2 0.0 5 1 9 1 5 Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original, .-..-.-- -,--- --..---...---- - ----- - _._-- -. ..--------- - -----~- --_._-._---~~.- -- ----.-..---- -.. Please identify which Riparian Area (Buffer) Protection Rule applies. ~ Neuse River Ba~in: Nutrient Sensitive Waters Management ~trategy Protection and Maintenance of Riparian Areas Rule (15A NcAc 02B .0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Prote.ction and Maintenance of Riparian Areas Rule (15A NCAC 02B .0259) o Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0243) ------- '-1i- --p@~ OCT'l 4 Z005 Part 1: General Information (Please include attachments if the room provided is insufficient.) . 1, Applicant's name (the corporation, individual, etc. who owns the propertv'CENR - WATER QUALITY Kershaw Creek Properties, LL~_____________~SANY_STO~~ATERB~CH 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: ~ylvan Friedman Title: President/Owner Street address: 103 Pelican Circle City, State. Zip: ..9rient'!.lL_~~-2851J______________________________ Telephone: ~)_Z~9-..9641L_______________________________ Fax: ~)_Z~2~170JL__________________________________________ 3. Contact person who can answer questions about the proposed project: Name: Al_len_Pr~E~t/M~rin~J__~~~~~Y~lEc.___________________ Telephone: ~)_249-J~14_______________________________ Fax: ~)_249-JJ_O_~___________________________________________ Email: _m.!..;:..!.~er~.9:~li~o.ne~______________________ 4. Project Name (Subdivision. facility, or establishment name - consistent with project name on plans. specifications, letters, operation and maintenance agreements, etc,): ~ot _~ 14,_}he Cl~!~.!:~rs_~~ Ke~~aw _ Cree~_________________ Version 2: Novemoer 2002 5, Project Location: Street address: _!=~!_!.l'!.L_Q.~~ ~g~QQ~J? __S2..!l_~~___--,,,-________________ City, State, Zip: J?!:!~El=~l-J_Ji_~__285 71______________:.__________________ Coun~: _~~~lic~__________________________________________ Latitude/longitude: _~.2~1>~-L~~O 3'~_~___1~~~..95-"JHr~~__________________ 6, Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS topographic map indicating the location of the site): Turn South on to Teach I s Cove Road fro..!!!-~~!:.sha~_B.QEL__G_o__C!1ill.r.oxiI!).Ej:~ly lj~-E1i~~~~_Ke.!"EJ.1ii~__Cre~~_Driye(entrance road not ,yet 25j~.I1J~-,Lor_~.9yed). Fol-lo~ Kershaw Cre~k ~riy~ to_~~ea _AnIle~~~0\}rtJ_j:ur-ILLkl1.t..LJQ.LJl.14 is__~he_seconrl-l~_~~n the- lett.in the. cuJ.-de-sa~.L______________ 7, Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Kershaw Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 28 .0315 (Neuse) or .0316 (Taf:Pamlico)]: 8, Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA M~jor CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) _lC___ _JI__ 7 if).QJ..9 5 Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in ft2.]: .f..~~~tru~tion_E~~_single-familLE..9~~_.___Ihe~e w1-1l b~~l!.._i~~S!-9L_ 2,O~~.39~quare feet in Zone II. There will be no impa~~~Q Zone_~ 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: Du~_~__~~~_~~ap~_ of_!_~~_~~~rty.!._ the_loc:..~~ion of !he_l>.!1JJ~_~2<2.~~~__ an~_ th~_site-~E~E.:!-ij~_~oc~~!.~!!:_ of l=he~_~~!:mit ~~~__i~<2.ssib1.~ t 0 _~-9_ns t ru c t _~~om~.-9J__~~~~!.!!:~b l~_E iz ~ wi ~~ou ~_ th .!E_i.!!P aCJ:__~Q.._~Q!!~_ II . Variance Request Form, page 2 Version 2: Novef!lper 2000 3. Description of any best management practices to be used to control impacts associated with the proposed activity (Le., control of runoff from impervious sl,!rfaces to provide diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc.): Gutters and leaders on the home will be used to divert the run-off water so that it will have the greatest distance of diffuse flow ~E-possible. Vegetation to be planted around the house. 4, Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule, 1.LF.9.1L:Ld b e _:h~Q.QEE1.l>J.~_~~_~Q.~s t ru~.1:_E_ hOJ.Il..EL.Q..f._!:g,i!~Qn~.bl.iLlLb_EL.Q.~_!;hiE 10 t . (2) How these difficulties or hardships result from conditions that are unique to the property involved. ,gEas .Ea~_veget~E.!EE- sur~oun~ th~_Qomes_~~~J:.~~~!.!!LEElL a small______ EEE.EJ..9_n of ~hi~.-l-ot bu~ld~~!.~______________________ (3) If economic hardship is the major consideration, then include a ,specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Waterfront~Qerties are quite ex~nsive. Persons who purchase waterfront ~~~~ need the a.l>5litY-to construct a home of reasonable size. If the size of the home is restricted--.fi!,rthe...t:...-~'li!1!'!'.!L9L.J:lte...._1l.r.J~p..e.tl~_.c.Qllld be ll..d~ as mucb~-5.D..%..L- Part 3: Deed Restrictions Sy your signature in Part 5 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormw~ter easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 4: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): _~llen P~'2E.~~m:ariner ~~3-l ty L.-I!!f.~________ Mailing address: PO Box 750 City, State, Zip: __________--9..~!.en!~h_B~__~~5 IL-__________________ Telephone: _______f.52-249-101~__________________ Fax: ____________f.52-2~2-270~___________________________ Email: mariner@pamlico. net Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 I, ___~ylv~r:._~!:.:!:~~~~~_________________________ (print or type name of person listed in Part I, Item 2), certify that the information included on this_permit application form is correct, that the project will be constructed in conformance with the.approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: _~yl-L! e> _~~~si~~tL_ neI_____________________________________ Variance Request Form, page 4 Version 2: November 2000 " ;J .~ - '1 / ~ ItM4 NI 21 2000 _ .3.(00.00 It.t. .f PA/1..ICO North CIrob CNltll R.al ~.tah ~xc:iH Tax nl.!D kI PN'UCO Count II< t<<: 1ft JurI 21 2taI .t 0%2IE1e PI' by: ~;~I"; BOO< ~1B PAGE 596 NORTH CAROLINA WARRANTY DEED PAMLlCO COUNTY . t~ THIS DEED, made and entered Into this the ~ day of Su f.I e..... ,2005, by and between KERSHAW INVESTMENTS, LLC, a North Carolina limited liability company, hereinafter referred to as Grantor and KERSHAW CREEK PROPERTIES, LLC, a North carolina limited Iiablllty company, of /~':3 ~ Ie ~ h LJI/2r./e.- / Cz,;'J) ;..,,~ J. Nt:. Zg 5'" I , hereinafter referred to as Grantee; WIT N E SSE T H: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that certain lot or parcel of land situated In Number Two 121 Township, pamlico county, North Carolina and more particularly described as fOllows: see the attached Exhibit A for Legal Description TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all priVileges and appurtenances thereto belonging to the Grantee In fee sImple. And the Grantor covenants wIth the Grantee, that Grantor Is seized of the premises In fee simple, has the right to convey the same In fee simple, that title is marketable and free and clear of all encumbrances,except any encumbrances or restrictions mentioned above, and that Grantor will warrant and defend the title against the lawful claims of all persons whatsoever. The designation Grantor and Grantee as used herein shall Include all parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context. Henderson, Baxter, Taylor & Gatchel, P.A. :. . ", S-J.v." b ~_ Attorneys at law .-i:;': ,.' P.. '" P post Office Drawer U i';.':.' ,; ',';: : ,.:Im:.;; u-dJ..v- New Bern, North Carolina 28563 (.,';).,-/_oS" '..........'",.i---..... BOO< ~ PAGE 597 IN WITNESS WHEREOF, KERSHAW INVESTMENTS, lLC has executed this deed by and through Its Manager this the day and year first above written. KERSHAW INVESTMENTS, llC By: STATE OF NORTH CAROLINA COUNTY OF e-.. r A. I! e. N I, e.-\f t-JT\\ I A\<. G-'\ ~\< ; ~ , a Notary public, do hereby certifY that JOHN W. TAYLOR personally appeared before me this day and acknowledged that he Is the Manager of KERSHAW INVESTMENTS, LlC, a North Carolina LImited liabIlIty company, and further acknowledged the due execution thereof. ,\""u"""'." rlh. ",~~\\'I. K. G.l/J:'~'" WITNESS my hand and official stamp or seal, thIs the ~ day of ~ (\ ~ 2 1,;,.. . " cJ> ~ f ~OTAR} 1 ~ ~ ,,-.= My commission Expires: 11-\5-0"1 \~t~ Coutft'{ :;.,: ::- .',. ..\' ********.****..*.*.*.*.*...*.**.*..*.** NORTH CAROLINA PAMUCO COUNTY ~ ~ . ~o(.;.....Co, "Ylc. The foregoing certificate of ...: . k . a..~- Is certified to be correct. ThIs Instrument was presented for reg 1st Ion this day and hour, and duly recorded In the office of the Register of Deeds of Pamllco county, North carolina, In Book LfL('K. at page \.SeH. . ~ This the ~ cay of r '--- <; ~t-I, I J..J';;,11lMJ RECISTER OF DEEDS , dDo~ , at:l:~O'clock-pm, BV: c4--.J-.J. d~:.,;. Oo.d.. ~ REGISTER OF DEEDS . BOOK 118 PArL 59B EXHffiIT A To That Deed From Kenhaw Investments, LLC to Kenbaw Creek Properties, LLC Dated June 15, 2005 Lying and being in Township #2, Pamlico County, North Carolina and being all ofthat parcel ofland containing 59,641 acres as shown on that map entitled ''Survey for Kershaw Creek Properties, LLC" dated May 25, 2005 prepared by Kendall E, Gaskins, PLS Land Surveying, and recorded in Map Cabinet A at Slide 143-7 of the Pamlico County Registry. Said map is hereby referred to for a more accurate description. F: PA-27 Kershaw Deed ... ............'...--.*.'...-....-.......-..---.......-"'-----...-......--........,~- R/W RIGHT OF WA Y EOP EDGE OF PA VEMENT VICINITY SKETCH NOT TO SCALE - LINE U9 L20 L21 L22 L23 LINE TABLE BEARING N23.20'21 "W S76.56'23"W S54.08'53"W N8515'06"W N06.46'59"W LENGTH ' 92.89' 99.28' 86.47' 67.63' 80.29' CURVE C17 C18 C19 RADIUS 55.00' 55.00' 55.00' CURVE TABLE LENGTH BEARING 52.12' N25.21' 43"E 31,70' N69.01'25"E 31,08' S78.16'34"E CHORD 50.19' 31.26' 30,67' THIS PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AREA OF IMPACT ZONE 2 . . . 2048.39 SF FLOOD ZONE . . . . . . . . . . . . . . . AE BASE FLOOD ELEV . , . . . . . . . . . 7.0 fiRM MAP . . . . . . . . . . 3720648600J COMMUNITY NAME, . . TOWN Of ORIENTAL COMMUNITY # . . . . . . . . . , . 370279 EfFECTIVE. . . . . . . . , . JULY 2, 2004 MINIMUM BUILDING UMITS fRONT , . . 30' SIDE . . . . 10' REAR. .. 15' REfERENCES PC A, SL 51-1 DB 417 PG 450 SURVEY FOR - Kendall E. Gaskins, PLS L-3824 KERSHAW CREEK- PROPERTIES, LLC. LOT #14, THE CLOISTERS at KERSHAW CREEK TAX ID: A PORTION OF 108-35 NUMBER 2 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA SCALE 1" = 100' Kendall E. Gaskins, PLS PROFESSIONAL LAND SURVEYING PO Box 354 8162 Main Street Vanceboro, NC 28586 Phone: 252-244-0599 fox: 252-244-5899 1;-KenaalrT.~ Gaskins, hereby certify thaf- this map was drawn under my direction and supervision from an actual survey made under my direction and supervision, that the error of closure as calculated by latitudes and departures is 1: 10,OqO+. Witness my hand and seal this 5th day of AUGUST, 2005. LEGEND DtIS11NG ftON PIP( Of CXJSTlNC /R(M ROO CPf( CXJSTlNCPK liAL SIP SCT /ROlf PFE SA( SCT PI( #IIAL 1IOil1tl(H.JIICNT "S NO POINT SCT Rj'tII Rtaira:.-AY ca- CDGC or ,.A.loDIOIr II: OVr'NER/OEVELOf'ER . . . . . KERSH....W CREEK PRQP[R"TIrs, LLC 103 PEUCAN ORClE ORIENTAl." NC 26571 NU),lBER OF lOl'S: . . . . . . . . 24 ACREAGE: or OEVELOPWENT . . . 59_641 AC ACREAGE Of' lOTS: . . . .. .. 25.252 AC AREA OF RfW: . . . . . . . . . . ".4.!Il AC LENGTH Of' STREETS. . . . . . . Jl3J.s.J.4 Lf WINllolUW BUILDING Ul"IT5 UNlESS 9-l01llN OTHER~SE fRONT. . . 30' SIDE. . . . la' REAR ...40' unuTY AND DRAINAGE: [AS[l,lENTS SHAll BE: 10' AlONG ALl ROAD RIGHTS-OF-WAY 15' C(NTtRED ALONG All LOT UNES OTHER EASC:WENTS AS SHO\frN ON WAP THIS SUB~IVlSlON 'Mll BE SERVED BY COU"UNlrY WATER SYSTEWS AND INDIVIDUAl S(pTIC TANKS. All ROAD INTERSECTIONS HAVE 10'lI70' SITE mIA"lGL(S AS REQUIRED BY THE NORTH CAROUNA DU'ARll.4(NT Of mANSPORTATION A PORTION OF ThiS PROf'ERTY IS lOCA T'[O IN It SPEOAl nooo HAZARD AREA (ZONE AE) AS PER flRW MAP J720642800J EFTICTlVE .JJlY 2, 2004. FUXlO LJNES SCAlED AS SHOWN ON flRW YAP. RErER(NC[S, 08417 PC 450 PC It, SL 51-1 PC A, SL 32-1 \ \.... ~ ( " \.... ) / '{;.. ~ ~ ~ '" ~ '" v. / l ""'- "'- ......, L KENDALl. E. GASKINS L-3B24 I, KENDAll E. GASI(INS CERTIfY THAT THIS SURVEY IS A COWBINATION OR RECOMBINATION Of EXISTING LOTS OF A SUBDIVISION. I., KENDALL E. GASKINS. CERTIfY THAT THIS PlAT WAS DRAWN UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK...stt.... PAG( ~ (OTHER . THAT THE BOUNDARIES NOT SURIIE'lEO ARE a.[ARLY INDICATED AS DRAWN fRO... INfORIolAnON fOUND IN BooK__ PAG(_: THAT THE RATIO OF PRECISION AS CALCUlATED IS 1:10,000+ THAT THIS PLAT WAS PREPARED IN ACCORDANCE MTH G.$. 47-.}O AS AlolENDED. MTNESS WY ORIGINAL SIGNATURE. REGISTRATION NUlolBER AND SEAL THIS _ DAY Of _ A.D.. 2005. KENDALL E. GASKINS L-J824 sF- \ , ENTRANCE DETAIL wI INTERIOR ISLAND TYPICAL CUL-DE-SAC DETAIL MOT 10 SCAl..! CAROLINE GOOWIN NO REITR[NC( TAX 10; 108-34 / ~;/ /r~~ \ ,........ I , , ( ./ ---.. V / Y .....J REClST(R Of' DEEDS ""'- ---.. I P~OPERTY UNES AlONG KERSHAW CREEK WERE TAKEN n~o'" A MAP PREPArED BY lolc:KlWM AND CREED. RECORDED IN PLAT, CABINET A !ijDE 51-1. flt.tO fOR REGISTRATION AT _ AA.l,/f"W O'CLOCK THIS_DAY OF_ 2005. PlAT CABINET _ sueE _. SUE H. MiITrORO STATE or NORTH CAAQUNA COUNTY Of PAMUCD I \ ........., RE.GlSTER OF DE.EDS/AS5lSTANT/DEPUTY THIS IS TO comfY THAT THE STRCE:T O(SICN SPEClnCA TIONS SHO\lr1'\l ON THIS SUBDIVISION MAP HAY{ BEEN EXAMINED AND fOUND TO BE IN ACCORDANCE: WITH THE lolINIMU... RIGHT-or-WAY AND CONSTRUCTION STANDARDS ESTABLISHED BY THE SECONDARY RO....DS COUNOl Of THE NORTH CARQUNA DEPARTIolENT Of TRASPORTATlON fOR ACCEPTANCE ON THE STATE HIGH'WAY SYS IDi. STA TE Of NORTH CAROUNA THIS PlAT REPRESENTS A SlJI"VEY or PROPERTY THAT IS NOT SUBJECT TO THE .4.F'PRO'w'AL OF lHE PAMUC:O COONTY BOARD OF" COloll.4ISSlQNER5. I HEREBY C(RTlfY THAT THIS 'iURv{:Y IS EXE....PT AND HAS BEEN APPROVED foo R(COOOATION AT THE PAl4UCO COUNTY REGISTER Of DEEOS OfFICE. COUNTY OF PAIolUCO THIS_DAY OF _.2005 I, . REVIEW OfllCER Of' PAMUCO COUNTY. CERTIfY THAT THE MAP OR PLAT TO MilCH nilS C[RnfICA TION IS AfFlXEO TO WErTS All.. STATUTORY REQUIROlENTS fOR RECORDING. SUBDIVISION .4.OIolINISTRATOR DISTRICT ENClNEER Ne DEPARn.tENT Of TR-"NSPORTATION DATE REVIEW OfFICER ~ VlCINITY SKETCH (NOT TO SCALE) 200 100 0 200 400 ~ J } j . SCALE: t - 200' FINAL PLAT THE CLOISTERS at KERSHAW CREEK PHASE I DESCRIPTION FOR THIS TRACT IS FOUND IN DEED BOOK 417 PAGE 45D PARCEL #108-35 NUMBER 2 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA SURVEYED: MAY 25, 2005 SCALE 1" 200' Kendall E. Gaskins, PLS LAND SURVEYING 8152 Main Street Vancebara. NC 28586 Phane: 252-244-0599 Fox: 252-244-0599