20051988 Ver 1_Complete File_20051031

?OF wArE9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O 61 1 North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
-+ Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 8, 2005
LLC
B&T Developers,
c/o Michael G. Tuton DEC 1 33 2005
PO Box 1066
Jacksonville, NC 28541 DENR-WATER QUi?.! TY
SUBJECT: Approval of 401 Water Q. Mffli? Xi281ifle?tiiittizu+CH
and Additional Conditions
Briarneck Landing Subdivision Phase II
DWQ Project # 05-1988
Onslow County
Dear Mr. Tuton:
This letter rescinds and replaces the previous 401 Water Quality Certification issued to you on
November 29, 2005. You have our approval, in accordance with the attached conditions (WQC # 3404)
to conduct the following activity located on your 34.7 acre site off Briarneck Road (SR 1317) located near
Richlands, Onslow County. This approval allows you to:
1. Fill 0.29 acres of wetlands for road crossings and this amount includes the slopes for the fill(s).
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) application received as complete by the Division of Water Quality (DWQ) in the
Wilmington Regional Office on November 8, 2005 with additional information received on November
21, 2005. After reviewing your application, xve have determined that General Water Quality Certification
Number 3404 covers this activity. This Certification can also be found on line at:
littp•//Ii2o enr state nc.iis/ncwetlands/cei-ts.htnil. This Certifications (#3404) allows you to use your 404
Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal,
State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater and Coastal
Stormwatcr. In addition, this approval will expire when the accompanying 404 Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 211 .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed below and on the following page:
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 Pre-construction Notice
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*,
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper NorthCarolina
Naturally

Page Two
B&T Developers, LLC
c/o Michael G. Tuton
DWQ Project # 051988
December 8, 2005
2. A draft copy of the deed restriction/conservation was included in the application that
will be required on the remaining wetlands on this site to avoid future impacts to the
wetlands. The restrictions must be in place within 30 days of the issuance of this
permit or issuance by the Corps (which ever is later). A copy of the recorded
deed restriction/conservation shall be sent to this office at that time.
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 dis-
equilibrium 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.
4. B&T Developers, LLC and its authorized agents shall conduct its activities in a manner
consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. I3&T Developers, LLC shall
require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of
this Certification. A copy of this Certification shall be included in the
construction contract and available on the job site at all times. If DWQ
detennines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that State or federal law is being violated, or
that further conditions are necessary to assure compliance, DWQ may reevaluate and
modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the certification, DWQ shall notify the B&T Developers, LLC and the US
Array Corps of Engineers, provide public notice in accordance with 15A NCAC
21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC
21-1.0504. Any new or revised conditions shall be provided to the B&T Developers,
LLC in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project.
5. 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 this office and a copy to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
r
Page Three
B&T Developers, LLC
c/o Michael G. Tuton
DWQ Project # 051988
December 8, 2005
Please notify this Office at the number listed below if any problem arises during the
construction of the project that may affect water quality.
Please read General Certification # 3404. If you do not accept any of the conditions of
this certification, 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 conforming 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 DWQ Permit #051988 under Section 401 of the
Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at
910-796-7215.
Sincerely '
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3404
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Brad Shaver
401 Oversight/Express Review Permitting Unit - Ian McMillan
Parker & Associates, Inc. - MJ Klinker
WiRO
OF wArF9 Michael F. Easley, Governor
\O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
? r
> 4 ?? Alan W. Klimek P.E., Director
p °- - y Division of Water Quality
`'...,r Coleen H. Sullins, Deputy Director
Division of Water Quality
November 29, 2005
B&T Developers, LLC
c/o Michael G. Tuton
PO Box 1066
Jacksonville, NC 28541
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Briarneck Landing Subdivision Phase II
DWQ Project # 05-1988
Onslow County
Dear Mr. Tuton:
You have our approval, in accordance with the attached conditions (WQC # 3404) to conduct the
following activity located on your 34.7 acre site off Briarneck Road (SR 1317) located near Richlands,
Onslow County. This approval allows you to:
1. Fill 0.29 acres of wetlands for road crossings and this amount includes the slopes for the fill(s).
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) after-the-fact application received as complete by the Division of Water Quality
(DWQ) in the Wilmington Regional Office on November 8, 2005 with additional information received on
November 21, 2005. After reviewing your application, we have determined that General Water Quality
Certification Number 3404 covers this activity. This Certification can also be found on line at:
http://h2o.enr.state.nc.us/newetlands/certs.htm]. This Certifications (#3404) allows you to use your 404
Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal,
State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater and Coastal
Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed below and on the following page:
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 Pre-construction Notice
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;
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Natitrally
Page Three
B&T Developers, LLC
c/o Michael G. Tuton
DWQ Project # 051988
November 29, 2005
Please notify this Office at the number listed below if any problem arises during the
construction of the project that may affect water quality.
Please read General Certification # 3404. If you do not accept any of the conditions of
this certification, 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 conforming 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 DWQ Permit #051988 under Section 401 of the
Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at
910-796-7215.
Sincerel ;
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3404
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Brad Shaver
401 Oversight/Express Review Permitting Unit - Ian McMillan
Parker & Associates, Inc. - MJ Klinker
WiRO
F9@29WE B
DEC G 2005
UI Nk • WATM QUALITY
mILZI 6J MO =,-Q HATER eMNCN
?O
(0 ? ?oQS
o?.c
?r?g Eg10s?a
.J
401 Project
Subject: 401 Project
From: Patricia Collins <[e-mail]>
Date: Wed, 30 Nov 2005 15:00:58 -0500
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>, Doug
Huggett <[e-mail]>, [e-mail]
The following project has been issued a 401 permit
Briarneck Landing Subdivision Phase II, DWQ# 2005 1988, Onslow County
Thanks,
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
1 of 1 11/30/2005 3:10 PM
??gg
PARKER & ASSOCIATES7 INC. 0s_
Shapin8 Fiorizo?s
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
[phone] + Fax: [phone]
LETTER OF TRANSMITTAL
To: Ms. Joanne Steenhuis
NCDENR- Express Permitting Div.
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
WE ARE SENDING YOU:
One (1) copy of Page 1 of 4 of the Wetlands Map and One (1) original Agency Letter for Briarneck Landing
DELIVERY VIA:
NOV 2 3 2005
® Regular Mail ? Hand ? Federal Express DENR - WATER QUALITY
Vv'ETWgDS AND STORMATER BRANGI<
? UPS Overnight ? UPS Ground ? Other
THESE ARE TRANSMITTED AS CHECKED BELOIV:
® For Approval ® As Requested ? For Review and Comment
? For Your Use ? For Bids Due
? Other
Comments:
. Kli Aker, P.
Copies To: Ms. Cindi Karoly (w/ 2 copies of enclosures)
MJK/ads B & T Developers, LLC (w/copy of Agency Letter)
CF (P)
e 1.MMSteenhuis.lot.11.10.05
(If enclosures are not as noted, kindly notify us at once)
DATE: November 17, 2005
REF: Briarneck Landing, Phase II
Onslow County, NC
EMAIL ADDRESS: TEXT MESSAGES TO: paitext(a bizec.rr.com AMPS AND PLANS TO: naidraft(a)bizee.rr.com
+ ENVIRONMENTAL ENGINEERING + STORMWATER, WATER AND WASTEWATER SYSTEMS
+ FEASIBILITY AND DEVELOPMENT CONSULTING + GLOBAL POSITIONING SURVEYS + SUBDIVISION AND CONSTRUCTION PLANS
LINE TAB LE
LINE LENGTH BEARING
LI 11,85' 1412'42'00"W
L2 56.34' N83'24' I6"W
L3 46,72' 1'38'20"W
L4 60,89' I'54'57"W
L5 42.16' N4011 '4 "W
L6 10.62' N75'45'4q"E
L7 5.52' N50' ' "
LS 7q.g7' 584' '49"
Lq 3,2q' N73'0 ' "
L10 26.81' 55ro 91550E
L11 44.90' N '14'1 "
L12 38.28' N '1 ' "
L13 33.60' NI4 ' "
LI4 88.42' N4-4'65'660E
1-I5 42.24' N04%%' "
LI0 45.48' N46'5242%
L17 q.05' I ' 4"W
LIB 43.14' NI ' ' "W
Llq 3.9.37' N ' "W
L20 1,qq' NI ' 0'1 "
L21 34.16' '1411 "W
L22 4q.501 NI '41' "W
L23 48.65' N51' 1' 4"W
L24 36.96' N03' 6'4q"E
L25 5q.78' N31' 'II"W
L20 3q.93' NOO'1 '47"W
L27 38.06' N ' 1'16"W
L25 32.141 N03'44'46"W
L2q 53.32' N21'4q'4 "E
LBO 33.88' N08'08'41"E
1-31 38.50' N00' 3'45"N
L32 32.40' N15'15'11"E
L33 112.11' N46'13'36"E
L34 46.08' N4q' 6' 2"E
1-35 66.47' N 7'19'49"E
1-36 44.19' 555'12'22"E
L37 R2.55' 7' 6'41"E
L38 35.32' 77' '3 'E
L3q 68.09' 15' '17"
L40 50.68' 70 ' "
L41 68.4q' 4' ' '
L42 56-25' 79'18' 4"
L43 37.64' ' ' 9"E
L44 34.271 N64' 8' "E
L45 42.25' NO5' '43"E
LINE TAB LE
LINE LENGTH B ING
1-46 3 .0.10' 1' "W
1-47 67.20' N07'4q' "W
L45 62.65' N '14 "
L4q 117.9q' NIO'1 '3 "E
L50 23.89' 5.08' 3"
1-51 62.23' N 57'19'34"E
L52 63.70' N '45' 3"
L53 45.80' N43'15'19"E
L54 74.08' 5' q'Oq"E
L55 188.58' N54'40'5q"E
L56 70.60' 521*44'31'E
L57 54.96' 4 '41'11"W
L55 12q.77' 525*10'45'E
L5g .13' 40'00'43"W
L60 43.32' 5570514"W
1-61 1.42' 1147"W
1-62 4 .241 I "
1-63 33,16' 536*08'55"E
1-64 4q.04' 521*04'OONW
1-65 81.77' 505*4g"OI'V4
L66 41.61' 525*42'57W
L67 4q. 4' S 4' '17"W
1-68 24.83' 554'18' "E
L6q 4q.73' 51'15' 4"E
L70 82.25' N 1'4 ' 7"E
L71 9. 5' 70 "
L72 65.66' W,6-1512511r:
L73 . 52-61' N '4 ' 5"E
L74 50-50, N77'53' "E
L75 48.58' 56q'30' "
1-76 36.35' 51'30'10E
L77 40.66' 505'47'21 "
L78 17.35' ' q"W
L7q 60-551 7 . . 1"
L50 42.4q' N '5 "W
1-81 1q.77' N 7'1 "
L52 36.09' "W
1-83 30.54' 1 550`27'00H
L84 .66' N 53-57'44"N
L55 Iq.64' 1 519*5.4'21"H
L86 .96' 551*05 14 "W
L87 4,q7' 523*47'26"E
L55 48.67' 44 '41"
L8q 19.Iq, 5"*47'13"
LqO 4q,55' 147 ' 4' "E
Lql 4q,1 ' N' 10'49"
Lq2 9.68' jjj?E '44"
L93 34.41' 22.a5. E
LINE TAB LE
LINE LENGTH BEARING
LC14 26.lq' NI ' '47"W
Lq5 34.96' N 4'I '55"W
L% 30.26' N51 *' 7"W
L97 63.20' N18'58'01"W
Lq8 75.63' N07'45'02" N
L99 49.60' N32'404011E
1-100 2.g41 143 ' 7' "
LI01 75.90' N4 '4 '44"E
L102 45.10' N40' '41"
LIO3 35.21' N1 ' ' "
L104 32.61' N1 ' 8' 9"W
LI05 62.09' N27-57'55"H
LIO6 48 46' ' "W
L107 33.73'
LIOB 65.23' 4' I"W
LIOq 58.41' N 'I ' 7"W
LI10 5 2.58, • 7' "
LIII 57.82' 'W
LI12 34.Bq' ' 4'I 'W
LI13 26.83' N ,S I ' 5"W
LI14 15.75' N19'26'33"W
LINE TAB LE
LINE LENGTH BEARING
1-115 7.53' 583,35,211
L116 41.14' 551'17'25"E
L117 27.47' N54' '3 "
LI18 44.18' N 4'0 '05"E
L119 44.05' N34'00'18"W
L120 Iq.24' N8 ' 8'15"W
L121 38.38' 78' 11 "W
1-122 40.55' 506'Iq'16"W
1-123 23.21' 537'20'31"W
LINE TAB LE
LINE LENGTH SEARING
L124 24.27' r g' 1 "W
L125 51.34' N 57'20'47'N
1-126 56.27' 555'44'10"V4
LI27 81.86' ' '5. 'W
L128 3.15' 534*27'57"V4
L12q 4. ' 514'15'04"N
1-130 52.97' >>6'S4'4 "W
LI31 88.65' 'a ' 0"W
L132 27.14' 54,2*54'54p"H
L133 16.12' '!0"15
L134 6q.68' S ' l' 0"E
L135 32.88' 505'05'14'N
1-136 37.26' 5 '39"
L137 .05' 51725'105
L138 46.08' 524*32'5160F-
LIBq 32.54' 3744'47"
L140 29.54' 5'02'38"
L141 16.05' 568'204 "
L142 47.19' N55*33'IB*E
L143 24.71' ' '1 "
L144 56.90' 18' 7'41"
L145 5Lg8' Nl '4 '41"
L146 4:3.10, '17' "
L147 65.83' N 4'1 `58"
L145 4q.76' N1 '34"5 "E
L14q 42.03' °' 7' 7"
L150 44.37' N05'57'34"E
L151 47.63' N02'15'04"E
L152 35.56' N14'36'30"E
1-153 45,86' N54'I '03"W
1-154 72.94' N55'18'13"W
Wetlands Map - Sheet 1 of 4
Pro ie t:
BRIAR-NECK
LANDING
Richlands Twp., Onslow Co., North Carolina
B & T Developers, LLC
P.O. Box 1066
Jacksonville, North Carolina 28541
[phone]
LEGEND: °oh w
ISF - Iron Stake Found R yORN GUM g
RA
PKF - PK Nail Found 3 814 R
IPF - Iron Pipe Found p p 3q0
130 - Wetlands Flag Label
LI - Wetlands Line Label X W p NEW
a
Z RIVE
K
0
q m :\J m \ SITE
uWY,
25g",
1227 NC 2q ???? ?? .
VICINITY SKETCH
NOT TO SCALE
Corps of Engineers Confirmation Certificate
This certifies that this copy of this plat accurately
depicts the boundary of the jurisdiction of Section 404
of the Clean Water Act pursuant to the 1987 Corps of
Engineers Wetlands Delineation Manual as determined by the
undersigned on this date. Unless there is a change in the
law or our published regulations, this determination of
Section 404 jurisdiction may be relied upon for a period of
five years from this date.
1-ZY-pr
Signature of U.S. Army Corp; ofJ &4ireers Official Date
F/RA-o ?E'/t- _?_ 6U1 2 sy&'Ujtl
Name Title
I, Edwin N. Foley, certify that this 404
!"R%A $.-.ccmpletedson 10106104.aThatathisumap is true andsion
?.`?Q? .........
••.?( 'C-rect to the best of my knowledge and belief, and
??QQpfS10? not pr pared for recordation, conveyance or sales.
SEAL /*
L-2884 QEdw;n N. Foley, P.L.S., L-2584 Date
-lyjN FO %%
''1u1NiN??`
Date: 05
Scale) I""-=100100' Parker & Associatesf Inc. yiDg Herizo
Field book: n/a Consulting Engineers - land Surveyors - Land Planners
File Name: BRIARNECK-WETLANDS.DWG P.O. Box 976 - 28541-0978
Disk Name: ACAD 823 306 Now Bridge Street - 28540
Drawn: LAM, JJL JacksoxxvMa, North Carolina
Phone [phone] - Fax [phone]
B & T DEVELOPERS, LLC
P.O. BOX 1066
JACKSONVILLE, NORTH CAROLINA 28541
Phone: [phone]
November 17, 2005
To whom it may concern:
I authorize Parker & Associates, Inc. to act as my Agent in obtaining any and all permits
required for any phase of the project: BRIARNECK LANDING.
Sincerely,
B & T DEVELOPERS, LLC
Michael G. Tuton
Member- Manager
xc: Parker & Associates, Inc.
File
MGT/ads
c 1.Forms.Owner.Authorization.11.05
B & T DEVELOPERS, LLC
P.O. BOX 1066
JACKSONVILLE, NORTH CAROLINA 28541
Phone: [phone]
November 17, 2005
To whom it may concern:
I authorize Parker & Associates, Inc. to act as my Agent in obtaining any and all permits
required for any phase of the project: BRIARNECK LANDING.
Sincerely,
B & T DEVELOPERS, LLC
Michael G. Tuton
Member- Manager
xc: Parker & Associates, Inc.
File
MGT/ads
c 1. Forms.Owner.Authorization.11.05
Triage Check Dist
Date: 11/16/05 Project Name: Briarneclc Landing Phase II
DWQ#: 05-1988
County: Onslow
MORE INFO CAME IN - PROJECT WAS NOT ON HOLD
To:
Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 11/14/05 to 1/12/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, 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
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
[phone] + Fax: [phone]
LETTER OF TRANSMITTAL
To: Mr. Brad Shaver
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
WE ARE SENDING YOU:
DATE: November 9, 2005 D $ - IQ 1E REF: Briarneck Landing, Phase II
Nationwide 14
Wetlands Conservation Map - Revision
Action I.D. 200500290
One (1) revised copy of the revised Wetlands Conservation Map for the above referenced proiect
DELIVERY VIA:
NOV 1 4 2005
® Regular Afail ? Hand ? Federal ExppEuss wAi Lf(QuA11?TY
14'tTEN40314;2 $TGiX MATEII Oi WICH
? UPS Overnight ? UPS Ground ? Other
THESE ARE TRANSMITTED AS CHECKED BELOW.
® For Approval ® As Requested ? For Review and Comment
? For Your Use ? For Bids Due
? Other
Comments:
Brad - The Wetlands Conservation Map is revised to have similar language as the Restrictive Covenants. If
you need additional information, please call. Thanks.
A'-1-
MJ. Klinker, P.E.
Copies To: Ms. Cindi Karoly (w/ 7 copies of Wetlands Conservation Map)
Mr. Mike Tuton (w/enclosures)
MJK/ads CF (P)
(If enclosures are not as noted, kindly notify us at once)
c 1.MJK.Shaver.lot.11.9.05
EMAIL ADDRESS: TEXT MESSAGES TO: yaitextna bizee.rr.com MAPS AND PLANS TO: naidraftna bizecarr.com
+ ENVIRONMENTAL ENGINEERING + STORMWATER, WATER AND WASTEWATER SYSTEMS
+ FEASIBILITY AND DEVELOPMENT CONSULTING + GLOBAL POSITIONING SURVEYS + SUBDIVISION AND CONSTRUCTION PLANS
Triage Check Dist
Date: 11/02/05 Project Name: - Briarneck Landing - Phase II
DWQ#: 05-1988
County: Onslow
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 10/31/05 to 12/29/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, 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
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: B & T DEVELOPERS, LLC, MICHAEL G. TUTON, MEMBER-MANAGER
Mailing Address: P.O. Box 1066
Jacksonville, NC 28541
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: M.J. KLINKER, P.E.
Company Affiliation: Parker & Associates, Inc.
Mailing Address: P.O. Box 976
Jacksonville, NC 28541
Telephone Number: [phone] Fax Number: 910
E-mail Address: paitext(u,bizec.rr.com 3 X005
`l .
0
Pagel of 8 fl
Y,ET
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: BRIARNECK LANDING, PHASE H
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 56-23
4. Location
County: ONSLOW Nearest Town: RICHLANDS
Subdivision name (include phase/lot number): BRIARNECK LANDING, PHASE H
Directions to site (include road numbers, landmarks, etc.): FROM INTERSECTION OF
US 17 AND NC 24 PROCEED WEST OF NC 24 8.6 MILES. TURN RIGHT ON
BRIARNECK ROAD (NCSR 1317). PROCEED 1.5 MILES TO THE PROJECT.
5. Site coordinates, if available (UTM or Lat/Long): N 34 ° 49' 53" W 77 ° 2915111
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 34.7 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): NEW RIVER
8. River Basin: WHITE OAK
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt)://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: SITE CONDITIONS ARE AGRICULTURAL AND
WOODED AREAS. LAND USE IN THE VICINITY APPEARS TO BE SIMILAR
10. Describe the overall project in detail, including the type of equipment to be used:
SUBDIVISION ROAD CROSSING AND DRIVEWAY CROSSING
Page 2 of 8
11. Explain the purpose of the proposed work: PROVIDE ACCESS TO A RESIDENTAL
SUBDIVISION
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
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.
NONE
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: CULVERTED ROAD CROSSING,
DRIVEWAY CROSSING
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area
of
Impact
acres Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 CULVERT .25 YES 900 FORESTED
2 FILL .04 NO 1100 FORESTED

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 19.83 ACRES
Total area of wetland impact proposed: .29 ACRES
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.jzov. Several internet sites also allow direct download and printing of USGS traps (e.g., www.tol)ozone.com,
ww?v.mapguest.com_ etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number

indicate on ma
Type of Impact* Area of
Impact

acres
Name ofWaterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

t,ist Baca impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: . Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
THE ROAD IS PLACED AS CLOSE AS FEASIBLE TO THE PROPERTY LINE TO
REDUCE WETLAND IMPACTS. THE ROAD IS AS LOW AS PRACTICAL TO
MINIMIZE FILL IN THE WETLANDS.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/newetlands/strmgide.html.
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.
CONSERVATION THROUGH DEED RESTRICTIONS APPROXIMATELY 19.5
ACRES. (851,206 SF). CONSERVATION RATIO 67.4
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the-State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A• NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify, )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* s Ium?pe feet Multiplier Mi Required
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
M. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
THE PROJECT IS TO BE DEVELOPED AS A LOW DENSITY SUBDIVISION WITH A
MAXIMUM OF 30 % BUA. STORMWATER RUNOFF IS TO BE TREATED
THROUGH 3:1 GRASSED ROADSIDE SWALES.
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.
SEPTIC SYSTEM
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. 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).
N/A
(?k
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Vicinity Sketch - Exhibit Map I - Sheet 1 of 5
BRIARNECK LANDING
PHASE II
Richlands Twp., Onslow Co., North Carolina
Scale: Not to to scale
Date: 0 5 parker & Associates,
B & T Developers, LLC
P.O. Box 1066
Jacksonville, North Carolina 28541
Inc
5?" IO?1r°as
Bnamack-wetlands exhibit Consulting Engineers P.O. Box 970 - 28641-0476
929 land Surveyors - Land Planners 300 New Bri4e Street -20640
Drawn By: KFiW Ie kson?ille. North Carolina
Phone (910) 46b-u1s - Fax [phone]
n
T T1/'1TATTT-
K/W - KIGM-Of-way
0 - Lot Number
---•------- - Wetlands Line
-------- - Existing Lot Lines
IMPACT
Phase II
Phase I
Briar Hollow
Drive
501 R/ W C
7
6
5
I WETLANDS
IMPACT
Sawbriar
Court
501 R/W
Wetlands
Line (TYP•)---?-
30' Access
# Utility

25
26
27
8
New
River
------- ------- ------------------- ---
?:
12
?t;:::_:
-------------------------
15 .
,.18 r.: f .
:4 E
UPI laid / 20 GD
.- "
22 =
11 -- ------
23 r i
UPI -
=y
.::::. ..........
29 O •?•'

y ? WETLANDS
CON5ERVATION
r
/ AREA
?q
a?
J
/ Undel ineated
Wetlands Lino
D Pocosin
9
34 31 Court
35 33 32 •? 501 R/W
36 -•? \
37 O O
42
\ O 38
\ 39 41
45
O 40
2 48
\
``\ O 54 Thontree
55 53 47 Court
\?\ 6 52 4a 501 R/W
49
• CS?0?9?\ \ 50 Thicket Lane
137j 60?\\ 501 R/W
RPVI5ED 10126105 - WETLAND CONSERVATION AREA- AG Overall Project - Exhibit Map I I - Sheet 2 of 5
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box 1066
IWchland5 Twp., On5low Co., North Carolina Jack5onvllle, North Carolina 25541
- .to0cale Parker & Associates, Inc. `II??=obi
Bnarneck-wetlands-r_YhiFit Consulting Engineers P.O. Bo: 970 -28641-0970 k
-- - I Luna Surveyors -Land Planners 306 New Bridge Street - 28540
Jacksonville, North Carolina
Phone [phone] - Fax [phone]
T Trf-"r_ATT %.
Date: 07/14/05
*=6a parker & Associates,
.. i Inc.,
Bnarneck-wetlands-exhibit Consulting Engineers
Disk: Acad 929 Land Surveyors - Land Planners
1-11
Wetlands Impact Area - Exhibit Map III - Sheet 3 of 5
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box I OGG
IWchlands Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28541
P.O. Box 070 - 28641-0076
306 New Bridge Street - ^ •
Jackeon?lIle, North Carolina
Phone [phone] - Fax [phone]
6D"' ?1tO?s
n
T RC -FNM
R/W - Right-oF-way
M.B.L. - Minimum Building Line
RRA - Rip Rap Apron
12 - Lot Number
- • - • - • - - Wetlands Line
Swale
O - Pipe Label
AK-S-W-0-161
12
AREA OF 7.9
WETLANDS
IMPACT
10,972 S. F.
INV. IN
6.2 © 13
.'4 e, 00 T 2
RRA \ \
INV. /
2 / OUT \
6.0 /
Wetlands 1$
/ 19
Conservation
Area
17
Wetlands Impact Area - Exhibit Map N - Sheet 4 of 5
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box 1066
Richlands Twp., Onslow Co., North Carolina Jacl*onnlle, North Carolina 28541
Date: 07114/05 parker & Associates7 Inc.
Scale: I'=60' Hods ,
gv?n4 ?o,
Bnarneck-wetlands-exhibit Consulting Engineers P.O. Box 970 - 20b41-0076
?° Street - E6040
Disk: Acad 929 Land Surveyors - Land Planners 306 Now M
Drawn By: KI1W Ianboa?ille, North Carolina
Phone (910) 4b6-2414 - Pax [phone]

LEGEND:
R/W - Right-of-way
M.B.L. - Minimum Building Line
RRA - Rip Rap Apron
12 - Lot Number
•- - Wetlonds Line
- 5uwle
O - Pipe Lobel
0 - Conservation Area
WETLAND
IMPACT
Briar Hollow Drive
60' R/
Sawbriar Cc
50' R/ W
.= :. New
..............
_::=: :--. River
._._... .-•---• ......--•-•---
------- ------• .....
,_ - ............ ..?....... -.. "
C' 4J
W 10. ?18®v(
INV. IN
6.2
10.01
16
+-=-L?let<l?r??i?=
Line _/ ?::':.::• :::.::.:::.:.:: .

WETLAND •2`:' ' :L.r `_ .:':.': • - - • - - -::.::: :..-.•.:. .
IMPACT :_.:_::.. ._..:: ?_ /--. _ :_: :_.': :':_: ':..... .. _ _ .:
••? ---_.. ...... J
-: Uplan - r-=:-::-:: :::=::i

CONSERVATION
AREA
863,839 S.F.
undeiineated
Wetlands Line
Wetlands Conservation Area - Exhibit Map V - Sheet 5 of 5
REVISED I O/2M5 - WETLAND COr3ERVAnON AREA - AG
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box 1066
Richlands Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28541
Date: 07=2 05 parker & Associates, Inc. llor,=o?,
Scale: I'=200'
Filename:
Bnarneck-wetlands-exhibit Consulting Engineers P.o. Box 070 - 28b41-0978
Disk: Arad 929 Land Surveyors -Land Plonners 3W New Bridge Street - 28640
Jacksonville, North Carolina
Drawn By: KHW Phone [phone] - Tax (910) 46b-3441
.-.- .INV.
-::::-:?. ::::'? Upland
UNITED STATES]
DEPARTMENT 'OF THE INTERIOR
% GEOLOGICAL SURVEY
77° 0' ;21200°'"E =13 '74 175 -
34°52'30"
?" '"? did •? , y + t .
v r 4m a+ ,?
y - ? fns-11Yn.??;; J!• - ?' ' ., a? -•Ir I
u " • lun BIaIl
I 386100omN
PAW, 1 ? `? ` ds
of ? ??-? ? ?° sd c
?CiG'Gsvn1/t??•f A/oPV4 as i
• ? ??? ?,,J u ? 5 fir,
3 6-
;(1j''=.:LG CL T.- w -?.. 2 .,tM+..>.xa /nt YNkA .y-SA
l
Q
19 -7
Golf Course
45
ti
3$59 ?S.
{ - % yyy may' ?' 9y ??1\? 6y\•,h'7 ` .i --
.` ??Q . may; `.. J ? 94 • .Q? \ ,,1
yy
77
34
? C
l
: Cems j
.. _ r C y
1317
I
?• _ ? `? J ? `? .?? +? ? ^'?• y?? I)? mil/
3456
. k t-25- 2005 11:26AM ERWIN SIMPSON & STROUD No.1310 P. 2/14
Prepared by. FRANK W. ERWIN, ATTORNEY
Erwin, Simpson & Stroud, Attorneys, P.L.L.C.
Index in the Grantor Index:
BRIARNECK LANDING SUBDIVISION SECTION II
B & T DEVELOPERS, I.I,C, Declarant
BRIARNECK LANDING Architectural Control Committee
NORTH CAROLINA
ONSLOW COUNTY
RESTRiCTIV E COVENANTS
(SF/WOA)
THIS DECLARATION OFRE917RIC)('IVE AND PROTECTIVE COVENANTS, made
the _ day of OCTOBER, 2005, by B & T DEVELOPERS, LLC, a limited liability company
organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter
called "Declarant."
BACKGROUND STATEMENT
The Declarant is the owner of the real property described in Paragraph 1 of this Declaration
and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each
and all of which is and are for the benefit of such property and for each owner thereof, and shall
inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof,
and shall apply to and bind the successors in interest and any owner thereof.
NOW, THEREFORE, Declarant hereby declares that the real property in and referred to hi
Paragraph 1 hereof is and shall be held, transferred, sold and conveyed subject to the protective
covenants set forth below:
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 29540
4ct.25. 2005 11:26AM ERWIN SIMPSON & STROUD No.1310 P. 3/14
1. DESCRIPTION OF REAL PROPERTY:
The real property which is, and shall be held, transferred, sold and conveyed subject to the
protective covenants set forth in the articles of this Declaration is located in the County of Onslow,
State of North Carolina, and is more particularly described as follows:
BUNG all of those numbered lots as shown on that plat entitled
'Final Plat Briarneck Landing, Section Was recorded in Map Book
_, Page , of the Onslow County Public Registry.
2. GENERAL RESTRICTIONS:
Section 1. Residential Use: All lots shall be used exclusively for residential purposes of a
single family (which may include separate living quarters for one or more members of the owners'
family or relative). No business, trade, garage sale, moving sale, rummage sale, or similar activity
shall be conducted upon a lot without the prior written consent of the Board. An Owner or occupant
residing in a dwelling on a lot may conduct business activities within the dwelling so long as:(i) the
existence or operation of the business activity is not apparent or detectable by sight, sound, or smell
from outside the dwelling; (ii) the business activity conforms to all zoning requirements for the tot;
(iii) the business activity does not involve regular visitation of the dwelling or lot by clients,
customers, suppliers, or other business invitees or door-to-door solicitation of residents of the
subdivision; and (iv) the business activity is consistent with the residential character of the
subdivision and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other residents of the subdivision, as may be determined in the sole discretion
of the Board.
Tile terms "business" and "trade," as used in this provision, shall be construed to have their
ordinary, generally accepted meanings and shall include, without limitation, any occupation, work,
or activity undertaken on an ongoing basis which involves the provision of goods or services to
persons other than the provider's family and for which the provider receives a fee, compensation, or
other 1brm of consideration, regardless of whether: (i) such activity is engaged in full or part-time,
(ii) such activity is intended to or does generate a profit, or (iii) a license is required.
The leasing of a dwelling or lot shall not be considered a business or trade within the
meaning of this subsection. This subsection shall not apply to any activity conducted by the
Declarant or a Builder approved by the Declarant with respect to its development and sale of the
Properties or its use of any lots which it owns within the subdivision, including the operations of a
timeshare or similar program.
Section 2. Allowable/Probibited Structure: No structure shall be erected, altered, placed or
permitted to remain on any Lot other than a single, one family dwelling not to exceed three stories
in height, (which may include separate living quarters for one or more members of the owners'
family or relative), a private garage which may contain living quarters for occupancy by domestic
servants of the lot occupant only, provided that the same arc constructed in line with general
ERwIN, STMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
2
Oct-25. 2005 11:27AM ERWIN SIMPSON & STROUD No-7370 P. 4/14
architectural design and construction standards used as the dwelling itself. Each dwelling shall
contain a minimum of 1200 heated square feet. This covenant shall not be construed as prohibiting
the use of a new dwelling as a model home for sales/rental purposes.
No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other
outbuilding shall be used on any Lot at anytime as a residence either temporary or permanently. No
trailer, mobile home, camper or like vehicle shall be allowed on the property at any time, or any
other structure which is finished or partially finished at a manufacturing unit or plant and transported
for quick assembly and which is designed to be disassembled and relocated shall be allowed. It is
specifically the intention and purpose of this covenant to prohibit the location of any manufactured
home as defined in NCGS § 143-145 and any structure for which a "Label of Compliance" as defined
in NCGS §143-145 is issued, including but not limited to those structures which are generally
referred to as mobile homes, trailers, relocatable houses, or similar type structures on the property.
"Modular construction" of walls, floor systems, roof trusses and other portions of the
structure shall be permitted providing that it is a full floor joist system not supported by chassis or
steel frame. Fabrication shall not be limited to the building lot.
This covenant shall not be construed as prohibiting the use of such a structure as a sales/
rental model or office or construction site facility.
Section 3. Building Location: No building, residence, garage or other permitted accessory
building shall be located on any lot nearer to the front line, any side street line, interior or rear lot
line, than as shown on the recorded plat. For the purpose of this covenant, eaves, steps, open
porches, and carports shall not be considered as apart of a building provided, however, that this shall
not be construed to permit any portion of a building on a lot to encroach upon another lot. An error
of not more than ten percent (10%) in the location of a building on the lot with respect to the
minimum set back lines shall not be considered a violation of this covenant.
Section 4. Nuisances: No noxious, offensive, or illegal activity shall be carried on or
conducted upon any Lot nor shall anything be done on any Lot that shall be or become an unreason-
able annoyance or nuisance to the neighborhood. All Lots, whether occupied or unoccupied, shall
be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permit-
ted to remain on a Lot. No automobile, other vehicle(s), motorcycle(s) or other similar items shall
be repaired or placed "on blocks" or stands except in an enclosed garage. Declarant, its successors
or assigns, reserves the right to enter upon and cut grass, weeds, or undergrowth on any lot or
casement, but shall be under no obligation to do so. The Declarant may contract for, and assess to
owner, any maintenance necessary to enforce his covenant.
Section 5. Animals: No animals, livestock, or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that household pets may be kept provided that said
pet shall not be kept for breeding or commercial purposes. Any such household pet shall not be
ERWIN, S1 1PSON & STROUD Attorneys, PX.>L.C. - Telephone: [phone]
825 Guru Branch Road, Suite 115, Jacksonville, NC 28540
3
..'Oct-25. 2005 11:27AM ERWIN SIMPSON & STROUD N o . 7 3 7 0 P. 5/14
allowed off the Lot of the Owner of said pet unless said pet is attended and on a leash. Any pct
which is not kept inside a home shall be provided a fenced in area or cage in the rear yard of a lot.
Owners shall be solely and absolutely liable for the acts of any pet kept on their Lot. The following
dos breeds shall be specifically prohibited: Rottweiler and Pit bulls. In addition, the Association
shall specifically have the power and responsibility to designate, based upon temperament, sire
and/or nature or tendencies, from time to time a list of breeds of animals which shall be prohibited
on any lot.
Section 6. Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping
ground for rubbish. 'rash, garbage or other waste shall not be burned or disposed of on any Lot and
shall be kept insanitary containers approved by the Architectural Control Committee. All equipment
for the storage prior to disposal of such material shall be kept in a clean and sanitary condition. The
placement ofeontainers shall be approved by the Architectural Control Committee and, in any event,
shall be kept in an enclosed area not subject to view from any person, from any direction. The
Declarant reserves the right for itself, its successors and assigns, to contract for garbage collection
services for each lot in the subdivision and the lot owner shall be responsible for the payment ofsuch
garbage services to the Company providing the same.
Scction 7. Exterior LighLS: All light bulbs or other lights installed in any fixture located on
the exterior of any dwelling, building or other structure located on any Lot shall be clear or white
lights or bulbs. No mercury vapor or similar wide area lighting similar to street lights shall be
allowed without prior Architectural Control Committee approval.
Section 8. Sinlit Distance at Tntersections: No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street property lutes
and a line connecting them at points twenty-five (25) 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 within 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 intersection unless the foliage line is maintained
at sufficient height to prevent obstruction of such sight lines.
Section 9. Mailboxes: All mailboxes shall retain the same style, design, color and location
of the mailbox as originally provided at construction of any residence. The Architectural Control
Committee reserves the right to approve the style, design, color and location prior to any original
installation orrcplacement. Application shall be made to the Architectural Control Committee prior
to installation or replacement. By accepting a deed to any subject propcrty, owner gives the
Architectural Control Committee the right to remove any nonapproved mailbox in a reasonable
manner; all costs for same shall be paid by owner, and all damages against the Architectural Control
Committee are waived.
ERwIN, SIMPSON & STROUD Attorneys, )l .Ia.I..C. - Telcphonz: [phone]
825 Gum Branch Road, Suitc 115, Jacksonville, NC 28540
4
Uct•25. 2005 11:27AM ERWIN SIMPSON & STROUD N o . 7 3 7 0 P- 6/14
Section 10. Sims: No sign, billboard, or other advertising of any kind, including without
limitation professionally prepared "for sale" and "for rent" signs, shall be placed or erected on any
Lot, right of way or Common Area save and except a professionally prepared "for sale" or "for rent"
sign not to exceed six (6) square feet in size. Although approval by the Architectural Control
Committee is not required prior to the display of such signs, the Architectural Control Committee
may itselfremove, have removed, or require the removal of any such sign which in its opinionwould
not otherwise be allowed under paragraph 6 of this Declaration. A valid casement shall exist on any
Lot for such removal by the Architectural Control Committee or its agents. Provided, however,
nothing shall prohibit or limit in anymanner "construction" signs designating the job site and builder
which may be placed upon a Lot during the period of the construction of a residential dwelling on
the Lot but must be immediately removed upon final completion of such construction.
Notwithstanding the above, any additions to the Project Property in the Development area may be
further limited in regard to signs, billboards or advertising as set out in any Supplemental
Declaration. Nothing herein shall prohibit any sign erected by the Declarant or its assigns.
Section 11. Antennas: There shall be no exterior antenna of any kind for receiving and/or
sending of T.V., radio or other signals unless same have first been approved by the Architectural
Control Committee. In any event, it shall not be viewable from any other lot.
Section 12. Driveways/Parking: Al I driveways constructed on any Lot shall be paved with
either asphalt or concrete. An Owner shall provide a minimum of one (1) paved off-street parking
space(s), excluding garage space(s) and shall provide at least one per automobile or other vehicle
owned and regularly used at the Lot. On street parking is prohibited except for temporary, short
gatherings.
Section 13. Subdivision: No lot shall be subdivided if the result of each subdivision is
separate ownership of less than a whole lot; provided, however, that the Declarant, its successors or
assigns, reserves the right to make minor boundary line adju.5tments between lots so long as said
adjustment does not exceed ten percent (10%) of the total area of a given lot; and further provided
that one lot may be combined with another lot or lots or a portion thereof to create a larger lot, in
which case these Restrictive Covenants shall be construed to apply to the larger lot so created.
Section 14. Vehicles, Boats, Storage, Travel Trailers, etc: No vehicle without current
inspection sticker, vehicle over 7100 pounds empty weight, camper trailer, motor homes or bus
shall be parked overnight on any lot except in an enclosed garage; provided, however, guests of an
owner may so park such vehicle for a period not to exceed seven (7) days each calendar year. A
pleasure boat on its trailer may be parked and raw firewood, bicycles, motorcycles, or other items
may be stored only on that part of any lot away from the street lying beyond the front line of the
house so that it is not viewable from any street. No automobile, other vehicle(s), motorcycle(s) or
other similar items shall be repaired or placed "on blocks" or stands except in an enclosed garage.
ERNVIN, SJMPSON & STROUO Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
5
Oct-25. 2005 11:28AM ERWIN SIMPSON & STROUD No-7310 P. 1/14
Section 15. Window Appearance: All draperies or other window dressings viewable from
the exterior of a dwelling unit shall be white or off white or in lieu thereof shall have a white lining.
Section 16. Trees: Except as to development or construction by Declarant, or as maybe
approved by the Architectural Control Committee, no tree four inches (4") in diameter at any
location on said tree or ten feet (10') in height shall be cut, removed or intentionally damaged on any
Lot unless first approved by Architectural Control Committee..
Section. 17. Swimmingpools: Outdoor swimming pools, hot tubs, j acuzzis, and other similar
facilities maybe located on a lot only after the Architectural Control Committee approval, and shall
be screened and fenced. All such improvements shall be subject to approval and compliance with
all governmental laws and regulations.
Section 18. Clotheslines: Clotheslines shall be not more than six (6) feet in height from the
ground and shall not be viewable from the street, or shall be surrounded by a privacy fence approved
by the Architectural Control Committee.
Section 19. Fence Minimum Requirements: No fences over six (6) feet in height shall be
constructed on any lot. No fence shall be erected between the rear of any building and the street right
of way. Any portion of any fence which can be viewed from the street right of way shall be of an
ornamental nature. The term fence shall include but not be limited to, a wall, fence, landscaping,
berm, or hedge which act as a fence or privacy or security inducing structure. Architectural review
requirements must be met prior to construction of any fence.
Section 20. Street Lighting _Agreement:. The developer reserves the right to subject the real
property in this subdivision to a contract with an electric utility company for the installation of
underground electric cables and/or the installation ofstrect lighting, either orboth which mayrequire
an initial payment and/or a continuing monthly payment to an electric utility company by the owner
of each dwelling.
2.1 WETLANDS AND CONSERVATION SPECIAL PROVISIONS:
A. Compliance with Wetlands Regulations: It shall be the responsibilityof each
owner, prior to alteration of any lot, to determine if any portion ofthe Lot shall have been determined
to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration
of this wetland shall conform to the requirements of state wetland rules adopted by the State of North
Carolina in force at the time of the proposed alteration. The intent of this decd restriction is to
prevent additional wetland fill, so the property Owner should not assume that a future application
for fill will be approved. The property Owner shall report the name of the subdivision, in any
application pertaining to wetland rules. This covenant is intended to insure the continued
compliance with wetland rules adopted by the State of North Carolina, therefore benefits may be
enforced by the State of North Carolina. This covenant is to run with the land and shall be binding
on all parties and all persons claiming under them.
ERWIN, STWSON & STROUD Attorneys, P.L.L.C. -'t'elephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
6
pct-25, 2005 11:28AM ERWIN SIMPSON & STROUD No•7370 P. 8/14
B. Conservation Areas: The areas shown on that plat recorded in Map Book , Page
, 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:
(1) fill, grade, excavate or perform any other land disturbing activities
(2) cut, mow, burn, remove, or harm any vegetation
(3) construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary structures
(4) drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
(5) dump or store soil, trash, or other waste
(6) 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 on the Owner, and all parties
claiming under it.
Notwithstanding anything contained herein to the contrary, each of the numbered Lots 1246,
inclusive, shall be allowed to disturb a corridor not to exceed ten (10) feet in width to construct an
elevated walkway or pier not to exceed five (5) feet in width through the 404 wetlands to the New
River for the purpose of gaining access to the New River. Lot 17 shall be allowed to disturb a
corridor not to exceed ten (10) feet in width to construct an elevated walk or pier not to exceed five
(5) feet in width through the 404 wetlands to the undelineated high ground for the purpose of gaining
access to the undelineated highland.
3. ARCHITECTURAL CONTROL C0MN11'rrEE:
Section 1. Except for original and initial construction and subsequent modification of
improvements by the Declarant on any Lot which such construction is and shall be exempt from the
provisions of this provision, no building, wall, fence, landscaping, berm or hedge which act as a
fence or privacy inducing structure, pier, dock, ornamentation, or other structure or improvements
of any nature shall be erected, placed or altered on anyLot until the construction plans and specifica-
tions and a plan showing the location of the structure and landscaping as may be required by the
Architectural Control Committee have been approved in writing by the Architectural Control
Committee. Each building, wall, fence or other structure or improvements of any nature, together
with any ornamentation or landscaping, shall be erected, placed or altered upon the premises only
in accordance with the plans and specifications and plot plan so approved Refusal of approval of
plans, specifications and plot plans, or any of them, may be based on any ground, including purely
aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control
Committee deem sufficient. Any change in the appearance of any building, wall, fence or other
structure or improvements and any change in the appearance of the landscaping (excepting the
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 G=BranchRoad, Suite 115, Jacksonville, NC 28540
7
• 'Oct-25, 2005 11:29AM ERWIN SIMPSON & STROUD No-7370 P. 9/14
planting of flowers and shrubs indigenous to the area), shall be deemed an alteration requiring
approval. The Architectural Control Committee shall have the power to promulgate such rules and
regulations as it deems necessary to carry out the provisions and intent of this paragraph.
Section 2. (a) Within thirty (30) days alter receipt of all required information, the
Architectural Control Committee shall submit in writing to the owner of the lot a response stating
whether or not the requested improvements are approved. Unless a response is given by the
Architectural Control Committee within thirty (30) days, the plan shall be deemed approved. The
response of the Architectural Control Committee may be an approval, a denial, an approval with
conditions or a request for additional information. A request for additional infarnration shall be
deemed a determination that the information submitted was inadequate and the thirty (30) day time
period for response shall only commence upon the receipt of the requested additional information.
Conditional approvals may be granted and if approval with conditions is granted and thereafter
construction begins, the construction shall be deemed approved by the owner of the lot of the
conditions imposed.
(h) Refusal of approval of plans, specifications and plot plans or any of them maybe based
upon any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion
ofthe Architectural Control Committee shall deem sufficient. The Architectural Control Committee
shall make the following affirmative findings before any plans are approved:
(1) That the improvements sought to be constructed will not have a negative economic
impact on any other lot within the subdivision.
(2) That all required specific buildings standards and other conditions contained within
the Restrictive Covenants, By Laws and other subdivision documents have been met.
(3) That the improvements are architecturally compatible with proposed or constructed
improvements on other lots within the subdivision.
(4) That the natural features of the lot have been retained to the maximum extent possible.
Section 3. The paint, coating, stain and other exterior finishing colors on all buildings may
be maintained as that originally installed, without prior approval of the Architectural Control
Committee, but prior approval by the Architectural Control Committee shall be necessary before any
such exterior finishing color is changed.
Section 4. Until such time as the sale of the last numbered lot in the subject property is
evidenced bythe recordation of a deed therefore, all rights, privileges, powers and authority granted
herein to the initial Architectural Control Committee, to whom the specific power to act hereunder
is expressly conveyed, shall be exercised by Declarant, its successors or assigns. In the event of the
dissolution of Declarant or the failure of Declarant to specifically assign the rights, privileges,
powers and authority hereunder prior to the sale of the last numbered lot in the subdivision known
as the subject property, then any owner may provide notice to each owner by registered mail of a
meeting to be held not less than thirty (30) days thereafter, where the owners may elect, by amajority
vote of those present and a quorum having been obtained, an Architectural Control Committee. The
ERWIN, SIMPSON & STROUD Attorucys, PXX.C. - Telephone: [phone]
825 Guzn Branch Road, Suite 115, Jacksonville, NC 28540
8
Oct•25. 2005 11:29AM ERWIN SIMPSON & STROUD No•7370 P. 10/14
said committee shall be composed of three (3) owners and who shall serve until the next meeting.
At any time after the initial meeting, the individual owners of record of three (3) lots may call a
meeting to be held after thirty (30) days notice by registered mail to all of the other said lot owners
of record, and may elect a new Architectural Control Committee, fill any vacancies on the
Architectural Control Committee, or remove the members of the existing Architectural Control
Committee. A quorum for any meeting of individual lot owners shall be the owners of at least ten
percent (10%) of the lots in the subdivision known as the subject property.
Section 5. A majority of the Architectural Control Committee may take any action said
Committee is empowered to take, may designate a representative to act for the Architectural Control
Committee, andmay, upon the approval of the Board ofDirectors, employ personnel and consultants
to act for it. In the event of death, disability or resignation of any member of the Architectural
Control Committee, the remaining members shall have full authority to designate a successor. The
members of the Architectural Control Committee shall not be entitled to any compensation for
services performed pursuant to this covenant. The Architectural Control Committee may establish
a fee to cover the expense of reviewing plans and related data at the time plans are submitted for
review in order to compensate any consulting architects, landscape architects, urban designers or
attorneys.
Section G. Any requirement for registered mail service shall be complied with by mailing
said notice to the address shown on the county tax records for the respective lot owner.
ARC' 11-MAJAR(060193)
4. EASEMENTS:
Easements for installation and maintenance of utilities and drainage facilities are reserved
as shown on the recorded plat and over the rear ten (10) feet of each lot. Within these casements,
no structure, planting or other materials shall be placed or permitted to remain which may damage
or interfere with the installation and maintenance of utilities, or which may obstruct or retard the
flow of water through a drainage channels in the casements. The casement area of each lot and all
improvements in it shall be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
The grantor reserves for itself, its successors or assigns, an easement and right at any time
in the future to grant a right of way under, over and along ten (10) feet off the side, rear and front
property lines of each and every lot in the subdivision described herein, for the installation and
maintenance of poles, lines, conduits, pipes and other equipment ncccssaryto or useful for furnishing
electric power, gas, telephone service, drainage or other utilities including water and sewer services.
For a period of two (2) years from the date of conveyance of the first Lot in the subject
property, the Declarant reserves a blanket easement and right of way on, over and under the ground
to maintain and correct drainage of surface water in order to maintain reasonable standards ofhealth,
safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery,
ERNVTN, SIM PSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gun Branch Road, Suite 115, Jacksonville, NC 28540
9
. ?Oct.25. 2005 11:29AM ERWIN SIMPSON & STROUD N o . 7 3 7 0 P. 11/14
make any gradings of the soil, or to take any other similar action reasonably necessary. Following
such action the Declarant shall restore the affected property to its original condition as near as
practical. The Declarant shall give reasonable notice of its intent to take such action to all affected
Owners, unless in the opinion of the Declarant an emergency exists which precludes such notice.
At the expiration of such two (2) year period, said easement to correct drair?age shall automatically
expire.
5. GENERAL PROVISIONS:
S ection 1. Term: 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 (20) years from the date these covenants
are recorded, after which time such covenants shallbe automatically extended for successive periods
of ten (10) years.
Section 2. Enforcement: In the event of a violation or breach of any of these restrictions,
covenants, agreements and conditions by any person or concern claiming by, through or under the
undersigned, or by virtue of any judicial proceedings, the Declarant, its successors and assigns and
the owners of the number lots in the subdivision, or any of them, jointly or severally, shall behave
the right to proceed at law or in equity to compel compliance with the terms thereof or to prevent the
violation or breach of any of them. Costs and reasonable attorney fees shall be recoverable by the
person or parry seeking to compel compliance with these restrictive covenants as part of any
judgment or order issued. The failure to enforce any right, reservation, restriction or condition con-
tained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter
as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or
affect its enforcement.
Section 2.1. Remedies Extended to the State of North Carolina: To ensure that this
subdivision is maintained consistent with the laws of the State of North Carolina, the State of North
Carolina is specifically empowered to take such acts necessaryby and through its officers to enforce
any of these covenants against an Owner. The State of North Carolina is specifically made a
beneficiary of these covenants.
Section 3. Stormwater Runoff.: General Provisions:
(a) The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 050810 as issued by the Division of Water Quality
under NCAC 2H.1000.
(b) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
(c) These covenants are to run with the land and be binding on all persons and parties
claiming under them.
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone; [phone]
825 Gum Branch Road, Suitc 115, Jacksonville, NC 28540
10
Oct.25. 2005 11:30AM ERWIN SIMPSON & STROUD No-7370 P. 12/14
(d) The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plan may not take place without the
concurrences of the Division of Water Quality.
Special Provisions: In addition to the above, the following restrictions shall apply:
(a) The maximum allowable built-upon area per lot is 9,798 square feet. This allotted
amount uicludes anybuilt-upon area constructed within the lot property boundaries, and that portion
of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, and coquina, but
does not include raised, open wood decking, or the water surface of swimming pools.
(b) Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any persons.
(c) Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
(d) All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
Nothing in these covenants shall prohibit Declarant from exceeding density limits through
permits properly obtained through State Stormwater Rules, which may include engineered systems.
Any of the provisions of this instrument may be amended, modified or terminated to comply with
stormwater rules now or hereafter adopted bythe State ofNorth Carolina by an instrument in writing
executed by Declarant, its successors or assigns.
Section 4. Modification of Restrictive Covenants: Except as to specific rights retained by
Declarant, these restrictions are subject to being altered, modified, canceled or changed at any time
as to said subdivision as a whole or as to any subdivided lot or part thereof during the first twenty
(20) year period by written document executed by the Declarant or their successors in title and by
the owner of not less than ninety percent (90%) or more of the subdivided lots, the Declarant may
alter or amend these covenants without consent of anyone. After the expiration of the initial twenty
(20) year period, these restrictions are subject to being altered, modified, canceled or changed at any
time as to said subdivision as a whole or as to any subdivided lot orpart thereofby written document
executed by not less than sevcnty-five percent (75%) of the Lot Owners, and recorded in the office
of the Register of Deeds of the County in which this Declaration is recorded.
Section 4.1 Special Provision Relating to Amendment: No amendment shall be valid to
affect the provisions of paragraph 2.1 (Wetlands and Conservation Special Provisions) without the
execution and recording of an amendment upon the authorization and approval of the United States
F,R-*VIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Ginn Branch Road, Suitc 115, ]acloouville, NC 28540
11
?Oct-25. 2005 H:30AM ERWIN SIMPSON & STROUD No-7370 P. HP 4
of America, U.S. Army Corps of Engineers, Wilmington District, or successorregulatory agency or
authority.
Section 5. Severabilit . Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in frill force
and effect.
IN WITNESS WHEREOF, as the above date, Grantor (whether person, corporation, limited
liability company, general partnership, limited partnership, or other entity) has signed this instrument
in the ordinary course of business, by the signature(s) below if its duly authorized representative(s),
as the act of such entity.
B & T DEVELOPERS, LLC
BY (SEAL)
MICHAEL G. TUTON, MANAGER
BY . (SEAL)
DARYL K. BURGESS, MANAGER
NORTH CAROLINA
COUNTY OF ONSLOW
1, a Notary Public of the County and State aforesaid, certify that MICHAEL. G. TUTON
personally came before me this day and acknowledged that he is the Manager of B & T
DEVELOPERS, LLC, aNorth Carolina Limited Li ability Company, and that by authority duly given
and as the act of the Limited Liability Company, the foregoing instrument was signed in its name
by him.
Witness my hand and official stamp or seal, this _ day of OCTOBER, 2005.
Notary Public
My commission expires:
ERWIN, SLMPSON & STROUD Attorueys, P.L.L.C. -'Telephone: [phone]
825 Crum Branch Road, Suitc 115, Jacksonville, NC: 28540
12
. rOct.25. 2005 11:30AM ERWIN SIMPSON & STROUD No-7370 P. 14/14
NORTH CAROLINA
COUNTY OF ONSLOW
I, a Notary Public of the County and State aforesaid, certify that DARYL K. BURGESS
personally came before me this day and aclmowledged that he is the Manager of B & T
DEVELOPERS, LLC, a North Carolina Limited Liability Company, and that by authority duly given
and as the act of the Limited Liability Company, the foregoing instrument was signed in its name
by him.
Witness my hand and official stamp or seal, this_ day of OCTOBER, 2005.
Notary Public
My commission expires:
DATA\RF.\RESCOV\.SFRC W OA
DATA\C1,TEKT)iMCG RC\BRTARNECK RC SECI-0 I 1905(020105)dh
R-1 3 68 1\0208054i\050605dh\051905dh\052305dh
K:\HDC\RC\BRIARNEC'R RC SEC IT 070705(rcv 101405fwc)101805 REV FWE 102405\102505dh
ERWIN, SMUSON & STROUD Attorneys, P1..L.C. - Telephone: [phone]
825 Cum Branch Road, Suite 115, Jacksonville, NC 28540
13
w

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
2
1. Owner/Applicant Information
Name: B & T DEVELOPERS, LLC, MICHAEL G. TUTON, MEMBER-MANAGER
Mailing Address: P.O. Box 1066
Jacksonville, NC 28541
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
Agent/Consultant Information (A signed and dated copy of the Agent Author' Xt1ion letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: M.J. KLINKER, P.E.
Company Affiliation: Parker & Associates, Inc. ?? ©h
Mailing Address: P.O. Box 976
Jacksonville, NC 28541
Telephone Number: [phone] Fax Number: (910) 441 OG ???cr
E-mail Address: Paitext(-),b izec.rr.com
Pagel of 8
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 MRCS 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: BRIARNECK LANDING, PHASE H
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 56-23
4. Location
County: ONSLOW Nearest Town: RICHLANDS
Subdivision name (include phase/lot number): BRIARNECK LANDING, PHASE H
Directions to site (include road numbers, landmarks, etc.): FROM INTERSECTION OF
US 17 AND NC 24 PROCEED WEST OF NC 24 8.6 MILES. TURN RIGHT ON
BRIARNECK ROAD (NCSR 1317). PROCEED 1.5 MILES TO THE PROJECT.
5. Site coordinates, if available (UTM or Lat/Long): N 34 ° 49' 53" W 77 ° 29' 51"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 34.7 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): NEW RIVER
8. River Basin: WHITE OAK
(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: SITE CONDITIONS ARE AGRICULTURAL AND
WOODED AREAS. LAND USE IN THE VICINITY APPEARS TO BE SIMILAR
10. Describe the overall project in detail, including the type of equipment to be used:
SUBDIVISION ROAD CROSSING AND DRIVEWAY CROSSING
Page 2 of 8
11. Explain the purpose of the proposed work: PROVIDE ACCESS TO A RESIDENTAL
SUBDIVISION
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
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.
NONE
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: CULVERTED ROAD CROSSING,
DRIVEWAY CROSSING
Page 3 of 8

2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area
of
Impact
acres Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 CULVERT .25 YES 900 FORESTED
2 FILL .04 NO 1100 FORESTED

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htty://www.fema. eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 19.83 ACRES
Total area of wetland impact proposed: .29 ACRES
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tooozone.com.
www.mapguest.com. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number

indicate on ma
Type of act*
? Area of
Impact

acres
Name of Waterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

Lisa each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: . Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
THE ROAD IS PLACED AS CLOSE AS FEASIBLE TO THE PROPERTY LINE TO
REDUCE WETLAND IMPACTS. THE ROAD IS AS LOW AS PRACTICAL TO
MINIMIZE FILL IN THE WETLANDS.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/newetlands/strmgide.html.
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.
CONSERVATION THROUGH DEED RESTRICTIONS APPROXIMATELY 19.5
ACRES. (851,206 SF). CONSERVATION RATIO 67.4
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the-State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A'NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. Required
Zone* s uImpact are feet Multiplier Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
THE PROJECT IS TO BE DEVELOPED AS A LOW DENSITY SUBDIVISION WITH A
MAXIMUM OF 30 % BUA. STORMWATER RUNOFF IS TO BE TREATED
THROUGH 3:1 GRASSED ROADSIDE SWALES.
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.
SEPTIC SYSTEM
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
NW. 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).
N/A
c?l c-d 4 ??,?? to
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Vicinity Sketch - Exhibit Map I - Sheet 1 of 5
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box I OGG
Richlands Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28541
4/05
to scale
s
to Parker
Brarneck-wetlands-exhibit Consulting Engineers
-929 Land Surveyors - Land Planners
KHw
& Associates, Inc
P.O. Box 978 - 2BUL-0974
s Jacboa North Carolina
Phone (910) 4x8-2414 - !az [phone]
°,,v.' tt°r?s0as
n
T Ufr U M-
R/W - Right-of-way
12 - Lot Number
-•-•------- - Wetlands Line
--------- Existing Lot Lines
WETLANDS
IMPACT
New
River
------- -----------
-------------- ----------------------------
13
-- -------- -----
=.
15 t-{"{."
Jl
16 1 .f
17 1 s r_::::::::: ::' ..:
....................
::Upland
--- -- ...........
Sawbriar
Court
50' R/W
Wetlands
Line (Typ.)-r
30' Access
4 Utility
I WETLANDS
IMPACT
Phase II
Phase I ,1
Briar Holk
Drive
50' R/W
10
9
20 : ? :
21 - ....... .......
. .'
t_
-- ------ - -- -------- -----
22
J
==? 23
k =i
c.* Upt
25
1
?q
Q ?
J /
27 •••
29 '?•
28 O '?.
O' 34 ?J
77 35 33 32 ?,
•? i
D 36 -•?•
6
-Pocosin
Court
50' R/ W
CONSERVATION
AREA
Undel ineated
Wetlands Line
O 37 43 O
8 42
3
? O
39 41
45
O 40 `?
46
O Thorntree
2 54
1 55 53 47 Court
52 48 50' R/W
56 ?
` V ?k? 51 49
50 Thicket Lane
131, 50' R/W
UV15ED 1 O/26/O5 - WETLAND CON5ERVAMN ARIA- AG Overall Project - Exhibit Map I I - Sheet 2 of 5
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box 1066
Rlchland5 Twp., On5low Co., North Carolina Jack5onvdle, North Carolina 28541
Date: 0 5 parker & Associates, Inc. II?r
Scale: Not to to scale
Filename:
Consulting Engineers P.O. Dox 078 - 28641-0078 - '?
Disk: Acad 929 Surveyors - Land Planners 308 New Bridge Street -28640
JanbonvlIie. North Caro {n.
Drawn By: KhW Phone [phone] - lax [phone]
T T1.t-'177.KTT%-
Wetlands Impact Area - Exhibit Map III - Sheet 3 of 5
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box 1066
IZchlands Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28541
Date: 07/14/0,5
Scale: 1'=GOB Parker & Associates, Inc. gars=oa,
Branneck-wetlands-exhibit Consulting Engineers P.O. Box 970 - 28641-0970
Disk: Arad 929 Land Surveyors -Land planners 500 New Bridge Street - 28640
By: KHW 929 Jackwnt9le. North Carolina
Drawn ca
Phone [phone] - Pax [phone]
n
LEG
R/W -
M.B.L.
RRA -
12
END:
Right-of-way
- Minimum Building Line
Rip Rap Apron
- Lot Number
- Wetlands Line
- Swale
T- Pipe Label
AREA OF
WETLANDS
IMPACT
10,972 S.F.
,/. I N
?1,4e
11
? 6 ?

/ 19

Wetlands
Conac"ation
Area
12
- © 13
----?
WRZ
O
Wetlands Impact Area - Exhibit Map IV - Sheet 4 of 5
BRIARNECK LANDING B & T Developers, LLC
PHASE II P.O. Box 1066
Richlands Twp., Onslow Co., North Carolina Jacksonnlle, North Carolina 28541
Date: 07/14/05
IIorlso .•
Scale: I'=60' Parker & Associates, Inc.
Bnarneck-wetlands exhibit Consulting Engineer P.O. Box 970 - 28641-0976
Disk: Acad 929 Land Surveyors - Land Planners Sob New ltridle street -26640
Jacksonville. North Carolina
Drawn By: KHW Phone [phone] - Faz [phone]
L 1
.. New
LEGEND: ===== ====-
f" - Rlght-of-way ::-::•: - .:: River
M.B.L. - Minimum Building Line
RRA - Rip Rap Apron ..::. ... • . ...... _ _ _ . - _
t2 - •
Lot Number .-. _ -. .................
.'
Watlands Line
------- - -
5wale
O -Pipe Lobel .. ........... .'. ...... .. . .............
'0 - '
Conservation Area .:. - - :. .. • .
.. ----- ...................... .
---
WETLAND `13 '-
IMPACT Swale
Briar Hollow Drive 1 s C _
601 / INV. 1-
1INV. IN =--= OU - Wetlands .. ....
6.2 / --:::...... -J 6.0 (17j Line r ................
_
.10.01
Uplands
Sawbriar Court i sj .: -=- _•::: ?-e.
___. _._... _.. . .__
.t' _: . rt.?• ? `-: _ - ::::.::::. :.:;:
WETLAND
IMPACT ::...::.. "._:? ,._...... _: WETLANDS
tom..... L . -. :. .........................
.__CONSERVATION
.??::.:. :.:.'.-------- -- - .. 863,839 S.F.
U p l Qn --- ;-;-_ Undel ineated
25 1 _ - Z., _ 1'... . "-; : ;•; :' 1 / Wetlands Line
--- --- ----------
' -sue-` f •.:-.-'.'.- ----.
Wetlands Conservation
REVI5ED 10/2W5 - WETLAND CON5ERVATION AREA - AG
Exhibit Map V - Sheet 5 of 5
BRIARNECK LANDING
PHASE II
Richlands Twp., On5low Co., North Carolina
B & T Developers, LLC
P.O. Box 1066
Jacksonville, North Carolina 28541
Date: 07/14/05
Scale: I'==20d
parker & Associates, Inc.
Filename:
Bnarneck-wetlands-exhibit Consulting Engineers P.O. Box 978 - 28541-0970
Disk: Arad 929 Land Surveyors -Land Planners 300 New Bridge Street - 28540
Jacksonville. North Carolina
Drawn By: KHW Phone [phone] - lax [phone]
-s? UNITED STATES `
k 'P
DEPARTMENT 'OF THE INTERIOR
s° GEOLOGICAL SURVEY
77° 0' 272000-E 173 214 275 '
177-
34.52'30" of - = yam, ?•° -? ?F?•
13
_ ? : -w. .... ?s?4 ago ?• -? ?- _ .
f 39 61000-N
Ins / O• +$,
1 QAs-anVJ1-< NOkrl4 . ea a ;
r ` < G? . . ?? •• ,rye _`? , - l 'b ; !
NG 3,60 ? lp a ?o jr=
1 ?•? ."1?„!•,[? ,? 0'? t .-?- 9 J \ . 4i: ? d3?+' 4":.R ? ,ry..?+3 wWp Ez \d-" -_
C ,. G 8 (J' f // - : MY+ 4« y R .. -ate
Vxas ? I -7
49
Gott Course
45
ii?. ? •? ?-. /rya
a
'r^ Ef ? p
o ?l. /
38
59
1316 i4 44? _
35
m
\ Quo
34
_ ? / ? w?. 4 • s ? s 1d (( ? • ?a t 511 : - ? ?• 1 =
erR
1? 1R !. n dl
?• _
50' 1317 4p
lj36 57 41
41
AeJ1
q, n ?{ t /1 ? f ? (• ? O -,ate ' -•?• .,. . _. - f :. ? \•-_???? ? "? -
s
?. }r ! ?. is ,
Il -
Oct-25. 2005 11:26AM ERWIN SIMPSON & STROUD No.1310 P. 2/14
Prepared by: FRANK W. ERWIN, ATTORNEY
Erwin, Simpson & Stroud, Attorneys, P.L.L.C.
Index is the Crantor index:
BRIARNECK LANDING SUBDIVISION SECTION II
B & T DEVELOPERS, I.I.C, Declarant
BRIARNECK LANDING Architectural, Coiatrol Committee
NORTH CAROLINA
ONSLOW COUNTY
RESTRICTIVE COVENANTS
(SF/WOA)
THIS DECLARATION OF RESTRICTIV>r AND PROTECTIVE COVENANTS, made
the _ day of OCTOBER, 2005, by B & T DEVELOPERS, LLC, a limited liability company
organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter
called "Declarant."
BACKCROUND STATEMENT
The Declarant is the owner of the real property described in Paragraph 1 of this Declaration
and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each
and all of which is and are for the benefit of such property and for each owner thereof, and shall
inure to the benefit of and pass and rum with said property, and each and every lot or parcel thereof,
and shall apply to and bind the successors in interest and any owner thereof.
NOW, THEREFORE, Declarant hereby declares that the real property in and referred to in
Paragraph 1 hereof is and shall be held, transferred, sold and conveyed subject to the protective
covenants set forth below:
ERWIN, SIMPSON &- S'TROUD Attorneys, P.L.L.C. -Telephone: [phone]
825 Crum Branch Road, Suite 115, Jacksonville, NC: 29540
Oct-25. 2005 11:26AM ERWIN SIMPSON & STROUD No-7370 P. 3/14
1. DESCRIPTION OF REAL PROPERTY:
The real property which is, and shall be held, transferred, sold and conveyed subject to the
protective covenants set forth in the articles of this Declaration is located in the County of Onslow,
State of North Carolina, and is more particularly described as follows:
BEING all of those numbered lots as shown on that plat entitled
"Final Plat Briameck Landing, Section 11" as recorded in Map Book
_, Page , of the Onslow County Public Registry.
2. GENERAL RESTRICTIONS:
Section 1. Residential Use: All lots shall be used exclusively for residential purposes of a
single family (which may include separate living quarters for one or more members of the owners'
family or relative). No business, trade, garage sale, moving sale, rummage sale, or similar activity
shall be conducted upon a lot without the prior written consent of the Board. An Owner or occupant
residing in a dwelling on a lot may conduct business activities within the dwelling so long as:(i) the
existence or operation of the business activity is not apparent or detectable by sight, sound, or smell
from outside the dwelling; (ii) the business activity conforms to all zoning requirements for the lot;
(iii) the business activity does not involve regular visitation of the dwelling or lot by clients,
customers, suppliers, or other business invitees or door-to-door solicitation of residents of the
subdivision; and (iv) the business activity is consistent with the residential character of the
subdivision and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other residents of the subdivision, as may be determined in the sole discretion
of the Board.
The terms "business" and "trade," as used in this provision, shall be construed to have their
ordinary, generally accepted meanings and shall include, without limitation, any occupation, work,
or activity undertaken on an ongoing basis which involves the provision of goods or services to
persons other than the provtdces family and forwhich the provider Tecelves a fee, compensation, or
other lbrm of consideration, regardless of whether: (i) such activity is engaged in full or part-time,
(ii) such activity is intended to or does generate a profit, or (iii) a license is required.
The leasing of a dwelling or lot shall not be considered a business or trade within the
meaning of this subsection. This subsection shall not apply to any activity conducted by the
Declarant or a Builder approved by the Declarant with respect to its development and sale of the
Properties or its use of any lots which it owns within the subdivision, including the operations of a
timeshare or similar program.
Section 2. Allowable/Prohibited Structure: No structure shall be erected, altered, placed or
permitted to remain on any Lot other than a single, one family dwelling not to exceed three stories
in height, (which may include separate living quarters for one or more members of the owners'
family or relative), a private garage which may contain living quarters for occupancy by domestic
servants of the lot occupant only, provided that the same arc constructed in line with general
ERWIN, STMPSON & STROUD Attorneys, P.L.L.C. - Tclcphonc: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
2
Oct-25. 2005 11:27AM ERWIN SIMPSON & STROUD No-7370 P. 4/14
architectural design and construction standards used as the dwelling itself Each dwelling shall
contain a minimum of 1200 heated square feet. This covenant shall not be construed as prohibiting
the use o f a new dwelling as a model home for sales/rental purposes.
No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other
outbuilding shall be used on any Lot at anytime as a residence either temporary or permanently. No
trailer, mobile home, camper or like vehicle shall be allowed on the property at any time, or any
other structure wlueh is finished or partially finished at a manufacturing unit or plant and transported
for quick assembly and which is designed to be disassembled and relocated shall be allowed, It is
specifically the intention and purpose of this covenant to prohibit the location of any manufactured
home as defined in NCGS § 143-145 and any structure for which a "Label of Compliance" as defined
in NCGS §143-145 is issued, including but not limited to those structures which are generally
referred to as mobile homes, trailers, relocatable houses, or similar type structures on the property.
"Modular constriction" of walls, floor systems, roof trusses and other portions of the
structure shall be permitted providing that it is a full floor joist system not supported by chassis or
steel frame. Fabrication shall not be limited to the building lot.
This covenant shall not be construed as prohibiting the use of such a structure as a sales/
rental model or office or construction site facility.
Section 3. Building Location: No building, residence, garage or other permitted accessory
building shall be located on any lot nearer to the front line, any side street line, interior or rear lot
line, than as shown on the recorded plat. For the purpose of this covenant, eaves, steps, open
porches, and carports shall not be considered as apart of abuildingprovided, however, that this shall
not be construed to permit any portion of a building on a lot to encroach upon another lot. Au error
of not more than ten percent (10%) in the location of a building on the lot with respect to the
minimum set back lines shall not be considered a violation of this covenant.
Section 4. Nuisances: No noxious, offensive, or illegal activity shall be carried on or
conducted upon any Lot nor shall anything be done on any Lot that shall be or become an unreason-
able annoyance or nuisance to the neighborhood. All Lots, whether occupied or unoccupied, shall
be well maintained and no unattractive growth or accumulation ofrubbish or debris shall be permit-
ted to remain on a Lot. No automobile, other vehicle(s), motorcycle(s) or other similar items shall
be repaired or placed "on blocks" or stands except in an enclosed garage. Declarant, its successors
or assigns, reserves the right to enter upon and cut grass, weeds, or undergrowth on any lot or
casement, but shall be under no obligation to do so. The Declarant may contract for, and assess to
owner, any maintenance necessary to enforce his covenant.
Section 5. Animals: No animals, livestock, or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that household pets may be kept provided that said
pct shall not be kept for breeding or commercial purposes. Any such household pet shall not be
ERWIN, SLUPSON & STROUD Attorucys, P.L.L.C. -'telephone: [phone]
825 Gurn Branch Road, Suite 115, Jacksonville, NC 28540
3
Oct•25. 2005 11:27AM ERWIN SIMPSON & STROUD No•7370 P. 5/14
allowed off the Lot of the Owner of said pet unless said pet is attended and on a leash. Any pct
which is not kept inside a home shall be provided a fenced in area or cage in the rear yard of a lot.
Owners shall be solely and absolutely liable for the acts of any pet kept on their Lot. The following
dos breeds shall be specifically prohibited: Rottweiler and Pit Bulls. In addition, the Association
shall specifically have the power and responsibility to designate, based upon temperament, sire
and/or nature or tendencies, from time to time a list of breeds of animals which shall be prohibited
on any lot.
Section 6. Garbaee and Refuse Disposal: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall not be burned or disposed of on any Lot and
shall be kept in sanitary containers approved bythe Architectural Control Committee. All equipment
for the storage prior to disposal of such material shall be kept in a clean and sanitary condition. The
placement ofeontaincrs shall be approved by the Architectural Control Committee and, in any event,
shall be kept in are enclosed area not subject to view from any person, from any direction. The
Declarant reserves the right for itself, its successors and assigns, to contract for garbage collection
services for each lot in the subdivision and the lot owner shall be responsible for the payment of such
garbage services to the company providing the same.
Section 7. Exterior. T.ights: All light bulbs or other lights installed in any fixture located on
the exterior of any dwelling, building or other structure located on any Lot shall be clear or white
lights or bulbs. No mercury vapor or similar wide area lighting similar to street lights shall be
allowed without prior Architectural Control Committee approval.
Section 8. Sialit Distance at Intersections: No fence, wall, .hedge or shrub planting which
obstructs sight lines at elevations between 2 and fi feet above the roadways shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street property lines
and a line connecting them at points twenty-five (25) 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 within 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 intersection unless the foliage line is maintained
at sufficient height to prevent obstruction of such sight lines.
Section 9. Mailboxes: All mailboxes shall retain the same style, design, color and location
of the mailbox as originally provided at construction of any residence. The Architectural Control
Committee reserves the right to approve the style, design, color and location prior to any original
installation or replacement. Application shall be made to the Architectural Control Committee prior
to installation or replacement. By accepting a deed to any subject property, owner gives the
Architectural Control Committee the right to remove any nonapproved mailbox in a reasonable
manner; all costs for same shall be paid by owner, and all damages against the Architectural Control
Committee are waived.
ERwIN, SIMPSON & STROUD Attorneys, P.LJX.. - Telephone: [phone]
825 Guin Branch Road, Suitc 115, Jacksonville, NC 28540
4
Oct-25. 2005 11:27AM ERWIN SIMPSON & STROUD No.7370 P. 6/14
Section 10. Sims: No sign, billboard, or other advertising of any kind, including without
limitation professionally prepared "for sale" and "for rent" signs, shall be placed or erected on any
Lot, right of way or Common Arca save and except a professionally prepared "for sale" or "for rent"
sign not to exceed six (6) square feet in size. Although approval by the Architectural Control
Committee is not required prior to the display of such signs, the Architectural Control Committee
mayitselfremove, haveremoved, orrequire the removal of any such sign which in its opinionwould
not otherwise be allowed under paragraph G of this Declaration. A valid casement shall exist on any
Lot for such removal by the Architectural Control Committee or its agents. Provided, however,
nothing shall prohibit or limit in anymanner "construction" signs designating the job site and builder
which may be placed upon a Lot during the period of the construction of a residential dwelling on
the Lot but must be immediately removed upon final completion of such construction.
Notwithstanding the above, any additions to the Project Property in the Development area may be
further limited in regard to signs, billboards or advertising as set out in any Supplemental
Declaration. Nothing herein shall prohibit any sign erected by the Declarant or its assigns.
Section 11. Antennas: There shall be no exterior antenna of any kind for receiving and/or
sending of T.V., radio or other signals unless same have first been approved by the Architectural
Control Committee. In any event, it shall not be viewable from any other lot.
Section 12. Driveways/Parking: Al I driveways constructed on any Lot shall be paved with
either asphalt or concrete. An Owner shall provide a minimum of one (1) paved off-street parking
space(s), excluding garage space(s) and shall provide at least one per automobile or other vehicle
owned and regularly used at the Lot. On street parking is prohibited except for temporary, short
gatherings.
Section 13. Subdivision: No lot shall be subdivided if the result of each subdivision is
separate ownership of less than a whole lot; provided, however, that the Declarant, its successors or
assigns, reserves the right to make minor boundary line adjustments between lots so long as said
adjustment does not exceed ten percent (10%) of the total area of a given lot; and further provided
that one lot may be combined with another lot or lots or a portion thereof to create a larger lot, in
which case these Restrictive Covenants shall be construed to apply to the larger lot so created.
Section 14. Vehicles. Boats, Storage, Travel Trailers, etc: No vehicle without current
inspection sticker, vehicle over 7100 pounds empty weight, camper trailer, motor homes or bus
shall be parked overnight on any lot except in an enclosed garage; provided, however, guests of an
owner may so park such vehicle for a period not to exceed seven (7) days each calendar year. A
pleasure boat on its trailer may be parked and raw firewood, bicycles, motorcycles, or other items
may be stored only on that part of any lot away from the street lying beyond the front line of the
house so that it is not viewable from any street. No automobile, other vehicle(s), motorcycle(s) or
other similar items shall be repaired or placed "on blocks" or stands except in an enclosed garage.
ERNVIN, STMPSON & STROUD Attorneys, P.L.L.C. -Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
5
Oct-25. 2005 11:28AM ERWIN SIMPSON & STROUD No.1310 P. 1/14
Section 15. Window Appearance: All draperies or other window dressings viewable from
the exterior of a dwel ling unit shall be white or off white or in lieu thereof shall have a white lining.
Section 16. Trees: Except as to development or construction by Declarant, or as may be
approved by the Architectural Control Committee, no tree four inches (4") in diameter at any
location on said tree or ten feet (10') in height shall be cut, removed or intentionally damaged on any
Lot unless first approved by Architectural Control Committee.
Section 17. Swimmingpools: Outdoor swimming pools, hot tubs, jacuzzis, and other similar
facilities maybe located on a lot only after the Architectural Control Committee approval, and shall
be screened and fenced. All such improvements shall be subject to approval and compliance with
all governmental laws and regulations.
Section 18. Clotheslines: Clotheslines shall be not more than six (6) feet in height from the
ground and shall not be viewable from the street, or shall be surrounded by aprivacy fence approved
by the Architectural Control Committee.
Section 19. Fence Minimum Requirements: No fences over six (6) feet in height shall be
constructed on any lot. No fence shall be erected between the rear of any building and the street right
of way. Any portion of any fence which can be viewed from the street right of way shall be of an
ornamental nature. The terra fence shall include but not be limited to, a wall, fence, landscaping,
berm, or hedge which act as a fence or privacy or security inducing structure. Architectural review
requirements must be met prior to construction of any fence.
Section 20. Street Lighting Agreement: The developer reserves the right to subject the real
property in this subdivision to a contract with an electric utility company for the installation of
underground electric cables and/or the installation ofstrect lighting, either orboth which mayrequire
an initial payment and/or a continuing monthly payment to an electric utility company by the owner
of each dwelling.
2.1 WETLANDS AND CONSERVATION SPECIAL PROVISIONS:
A. Compliance with Wetlands Regulations: It shall be the responsibilityof each
owner, prior to alteration of any lot, to determine if any portion ofthe Lot shall have been determined
to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration
of this wetland shall conform to the requirements of state wetland rules adopted by the State of North
Carolina in force at the time of the proposed alteration. The intent of this decd restriction is to
prevent additional wetland fill, so the property Owner should not assume that a future application
for fill will be approved. The property Owner shall report the name of the subdivision, in any
application pertaining: to wetland rules. This covenant is intended to insure the continued
compliance with wetland rules adopted by the State of North Carolina, therefore benefits may be
enforced by the State of North Carolina. This covenant is to run with the land and shall be binding
on all parties and all persons claiming under them.
ERWIN, STWSON & STROUD Attorneys, PJ J-C. -Telephone; [phone]
825 Gum B anch Road, Suite 115, Jacksonville, NC 28540
6
Oct.25. 2005 11:28AM ERWIN SIMPSON & STROUD No.1310 P. 8/14
B. Conservation Areas: The areas shown on that plat recorded in Map Book , Page
, 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:
(1) fill, grade, excavate or perform any other land disturbing activities
(2) cut, mow, burn, remove, or harm any vegetation
(3) construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary structures
(4) drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
(5) dump or store soil, trash, or other waste
(6) 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 on the Owner, and all parties
claiming under it.
Notwithstanding anything contained herein to the contrary, each of the numbered Lots 12-16,
inclusive, shall be allowed to disturb a corridor not to exceed ten (10) feet in width to construct an
elevated walkway or pier not to exceed five (5) feet in width through the 404 wetlands to the New
River for the purpose of gaining access to the New River. Lot 17 shall be allowed to disturb a
corridor not to exceed ten (10) feet in width to construct an elevated walk or pier not to exceed five
(5) feet in width through the 404 wetlands to the undelineated high ground for the purpose of gaining
access to the undelineated highland.
3. ARCHITECTURAL CONTROL COMINII TEE:
Section 1. Except for original and initial construction and subsequent modification of
improvements by the Declarant on any Lot which such construction is and shall be excmpt from the
provisions of this provision, no building, wall, fence, landscaping, berm or hedge which act as a
fence or privacy inducing structure, pier, dock, ornamentation, or other structure or improvements
of any nature shall be erected, placed or altered on anyLot until the construction plans and specifica-
tions and a plan showing the location of the structure and landscaping as may be required by the
Architectural Control Committee have been approved in writing by the Architectural Control
Committee. Each building, wall, fence or other structure or improvements of any nature, together
with any ornamentation or landscaping, shall be erected, placed or altered upon the premises only
in accordance with the plans and specifications and plot plan so approved Refusal of approval of
plans, specifications and plot plans, or any of them, may be based on any ground, including purely
aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control
Committee deem sufficient. Any change in the appearance of any building, wall, fence or other
structure or improvements and any change in the appearance of the landscaping (excepting the
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gam Branch Road, Suite 115, Jacksonville, NC 28540
7
Oct-25. 2005 11:29AM ERWIN SIMPSON & STROUD No.7370 P. 9/14
planting of flowers and shrubs indigenous to the area), shall be deemed an alteration requiring
approval. The Architectural Control Committee shall have the power to promulgate such rules and
regulations as it deems necessary to carry out the provisions and intent of this paragraph.
Section 2. (a) Within thirty (30) days after receipt of all required information, the
Architectural Control Committee shall submit in writing to the owner of the lot a response stating
whether or not the requested improvements are approved. Unless a response is given by the
Architectural Control Committee within thirty (30) days, the plan shall be deemed approved. The
reslionse of the Architectural Control Committee may be an approval, a denial, an approval with
conditions or a request for additional information. A request for additional information shall be
deemed a determination that the information submitted was inadequate and the thirty (30) day time
period for response shall only commence upon the receipt of the requested additional information.
Conditional approvals may be granted and if approval with conditions is granted and thcreafler
construction begins, the construction shall be deemed approved by the owner of the lot of the
conditions imposed.
(b) Refusal of approval of plans, specifications and plot plans or any of them may be based
upon any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion
ofthe Architectural Control Committee shall deem sufficient. The Architectural Control Committee
shall make the following affirmative findings before any plans are approved:
(1) That the improvements sought to be constructed will not have a negative economic
impact on any other lot within the subdivision.
(2) That all required specific buildings standards and other conditions contained within
the Restrictive Covenants, By Laws and other subdivision documents have been met.
(3) That the improvements are architecturally compatible with proposed or constructed
improvements on other lots within the subdivision.
(4) That the natural features of the lot have been retained to the maximum extent possible.
Section 3. The paint, coating, stain and other exterior finishing colors on all buildings may
be maintained as that originally installed, without prior approval of the Architectural Control
Committee, butprior approval by the Architectural Control Committee shall be necessary before any
such exterior finishing color is changed.
Section 4. Until such time as the sale of the last numbered lot in the subject property is
evidenced bythe recordation of a deed tberefore, all rights, privileges, powers and authority granted
herein to the initial Architectural Control Committee, to whom the specific power to act hereunder
is expressly conveyed, shall be exercised by Declarant, its successors or assigns. Tn the event of the
dissolution of Declarant or the failure of Declarant to specifically assign the rights, privileges,
powers and authority hereunder prior to the sale of the last numbered lot in the subdivision !mown
as the subject property, then any owner may provide notice to each owner by registered mail of a
meeting to be held not less than thirty (30) days thereafter, where the owners may elect, by amajority
vote ofthose present and a quorum having been obtained, an Architectural Control Committee. The
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
8
Oct.25. 2005 11:29AM ERWIN SIMPSON & STROUD N o . 7 3 7 0 P. 10/14
said committee shall be composed of three (3) owners and who shall serve until the next meeting.
At any time after the initial meeting, the individual owners of record of three (3) lots may call a
meeting to be held after thirty (30) days notice by registered mail to all of the other said lot owners
of record, and may elect a new Architectural Control Committee, fill any vacancies on the
Architectural Control Committee, or remove the members of the existing Architectural Control
Committee. A quorum for any meeting of individual lot owners shall be the owners of at least ten
percent (10%) of the lots in the subdivision known as the subject property.
Section 5. A majority of the Architectural Control Committee may take any action said
Committee is empowered to take, may designate a representative to act for the Architectural Control
Committee, and may, upon the approval of the Board ofDirectors, employ personnel and consultants
to act for it. In the event of death, disability or resignation of any member of the Architectural
Control Committee, the remaining members shall have full authority to designate a successor. The
members of the Architectural Control Committee shall not be entitled to any compensation for
services performed pursuant to this covenant. The Architectural Control Committee may establish
a fee to cover the expense of reviewing plans and related data at the time plans are submitted for
review in order to compensate any consulting architects, landscape architects, urban designers or
attorneys.
Section 6. Any requirement for registered mail service shall be complied with by mailing
said notice to the address shown on the county tax records for the respective lot owner.
ARCt{.W(WAR(060190)
4. EASEMENTS:
Easements for installation and maintenance of utilities and drainage facilities are reserved
as shown on the recorded plat and over the rear ten (10) feet of each lot. Within these casements,
no structure, planting or other materials shall be placed or permitted to remain which may damage
or interfere with the installation and maintenance of utilities, or which may obstruct or retard the
flow of water through a drainage channels in the casements. The casement area of each lot and all
improvements in it shall be maintained conti.nuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
The grantor reserves for itself, its successors or assigns, an easement and right at any time
in the future to grant a right of way under, over and along ten (10) feet off the side, rear and front
property lines of each and every lot in the subdivision described herein, for the installation and
nnaintenanee ofpoles, lines, conduits, pipes and other equipmentnecessaryto oruseful for furnishing
electric power, gas, telephone service, drainage or other utilities including water and sewer services.
For a period of two (2) years from the date of conveyance of the first Lot in the subject
property, the Declarant reserves a blanket easement and right of way on, over and under the ground
to maintain and correct drainage of surface water in order to maintain reasonable standards of health,
safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery,
ERNViN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: [phone]
825 Chun Branch Road, Suite 115, Jacksonville, NC 28540
9
Oct-25. 2005 11:29AM ERWIN SIMPSON & STROUD No•7370 P- 11/14
make any gradings of the soil, or to take any other similar action reasonably necessary, Following
such action the Declarant shall restore the affected property to its original condition as near as
practical. The Declarant shall give reasonable notice of its intent to take such action to all affected
Owners, unless in the opinion of the Declarant an emergency exists which precludes such notice.
At the expiration of such two (2) year period, said easement to correct drainage shall automatically
expire.
5. GENERAL PROVISIONS:
S ection 1. Term: 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 (20) years from the date these covenants
are recorded, afterwhich time such covenants shall be automatically extended for successive periods
of ten (10) years.
Section 2. Enforcement: In the event of a violation or breach of any of these restrictions,
covenants, agreements and conditions by any person or concern claiming by, through or under the
undersigned, or by virtue of any judicial proceedings, the Declarant, its successors and assigns and
the owners of the number lots in the subdivision, or any of them, jointly or severally, shall behave
the right to proceed at law or in equity to compel compliance with the terms thereof or to prevent the
violation or breach of any of them. Costs and reasonable attorney fees shall be recoverable by the
person or party seeking to compel compliance with these restrictive covenants as part of any
judgment or order issued. The failure to enforce any right, reservation, restriction or condition con-
tained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter
as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or
affect its enforcement
Section 2.1. Remedies Extended to the State of North Carolina: To ensure that this
subdivision is maintained consistent with the laws of the State of North Carolina, the State of North
Carolina is specifically empowered to take such acts necessaryby and through its officers to enforce
any of these covenants against an Owner. The State of North Carolina is specifically made a
beneficiary of these covenants.
Section 3. Stormwater Runoff.: General Provisions:
(a) The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SWS 050$10 as issued by the Division of Water Quality
under NC'AC 214.1000.
(b) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
(c) These covenants are to run with the land and be binding on all persons and parties
claiming under them.
ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone. [phone]
825 Gum Branch Road, Suitc 115, Jacksonville, NC 28540
10
Oct-25. 2005 11:30AM ERWIN SIMPSON & STROUD No.7370 P. 12/14
(d) The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plan may not take place without the
concurrences of the Division of Water Quality.
Special Provisions: In addition to the above, the following restrictions shall apply:
(a) The maximum allowable built-upon area per lot is 9,798 square feet. This allotted
amount includes anybuilt-upon area constructed within the lot properly boundaries, and that portion
of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, and coquina, but
does not include raised, open wood decking, or the water surface of swimming pools.
(b) Filling in orpiping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any persons.
(c) Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
(d) All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
Nothing in these covenants shall prohibit Declarant from exceeding density limits through
permits properly obtained through State Stormwater Rules, which may include engineered systems.
Any of the provisions of this instrument may be amended, modified or terminated to comply with
stormwater rules now or hereafter adopted bythe State ofNorth Carolina by an instrument in writing
executed by Declarant, its successors or assigns.
Section 4. Modification of Restrictive Covenants: Except as to specific rights retained by
Declarant, these restrictions are subject to being altered, modified, canceled or changed at any time
as to said subdivision as a whole or as to any subdivided lot or part thereof during the first twenty
(20) year period by written document executed by the Declarant or their successors in title and by
the owner of not less than ninety percent (90%) or more of the subdivided lots, the Declarant may
alter or amend these covenants without consent of anyone. After the expiration of the initial twenty
(20) ycarperiod, these restrictions are subject to being altered, modified, canceled or changed at any
time as to said subdivision as a whole or as to any subdivided lot orpart thcrcofby written document
executed by not less than seventy-five percent (75%) of the Lot Owners, and recorded in the office
of the Register of Deeds of the County in which this Declaration is recorded.
Section 4.1 Special Provision Relating to Amendment: No amendment shall be valid to
affect the provisions of Paragraph 2.1 (Wetlands and Conservation Special Provisions) without the
execution and recording of an amendment upon the authorization and approval of the United States
F,RWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: [phone]
825 Gun Branch Road, Suitc 115, Jaclcsonvillc, NC. 28540
11

Oct-25. 2005 11:30AM ERWIN SIMPSON & STROUD No-7370 P. 13/14
of America, U.S. Army Corps of Engineers, Wilmington District, or successor regulatory agency or
authority.
Section 5. Scverability Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
IN WITNESS WHEREOF, as the above date, Grantor (whether person, corporation, limited
liability company, general partnership, limited partnership, or other entity) has signed this instrument
in the ordinary course of business, by the signature(s) below if its duly authorized representative(s),
as the act of such entity.
B & T )DEVELOPERS, LLC
BY (SEAL)
MICHAEL G. TUTON, MANAGER
BY (SEAL)
DARYL K. BURGESS, MANAGER
NORTH CAROLINA
COUNTY OF ONSLOW
1, a Notary Public of the County and State aforesaid, certify that MICHAEL G. TUTON
personally came before me this day and acknowledged that he is the Manager of B & T
DEVELOPERS, LLC, aNorth Carolina Limited LiabilityCompany, and thatbyauthority dulygiven
and as the act of the Limited Liability Company, the foregoing instrument was signed in its name
by him.
Witness my hand and official stamp or seal, this _ day of OCTOBER, 2005.
Notary Public
My commission expires:
ERWIN, SLVIPSON & MOUA Attorneys, P.L.L.C. -Telephone; [phone]
825 Crum Branch Road, Suite 115, Jacksonville, NC 28540
12
r
,.?* Oct-25. 2005 11:30AM ERWIN SIMPSON & STROUD No.7370 P. 14/14
NORTH CAROLINA
COUNTY OF ONSLOW
I, a Notary Public of the County and State aforesaid, certify that DARYL K. BURGESS
personally came before me this day and acknowledged that he is the Manager of B & T
DEVELOPERS, LLC, a North Carolina Limited Liability Company, and that by authority duly given
and as the act of the Limited Liability Company, the foregoing instrument was signed in its name
by him.
Witness my hand and official stamp or seal, this _ day of OCTOBER, 2005.
Notary Public
My commission expires:
DATA\RF.\RF S COVISFRC W OA
DATATUE'N'i1F1T)MOBRTARNECK RC SECI-0I 1905(020105)dh
R-1 3 68 1\02080541\050605dh\051905dh\052305dh
K:\I ORCTRIA.RNECK RC $F.C IT 070705(rev 101405fwc)101805 REV FWE 102405\102505dh
ERWIN, SIMPSON & STROUP Attorneys, P.L.L.C. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
13
B & T DEVELOPERS, LLC
NCDENR
Briarneck Landing II-Wetlands
10/27/2005
a cc?@od?I
OCT 3 1 2005
1042
200.00
DENR - WATER QUALITY
ViEWDS ACID STOR1111ATER BRANCH
BB&T 200.00