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HomeMy WebLinkAbout19930122 Ver 1_COMPLETE FILE_19930121DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 !N REPLY REFER TO April 28, 1993 Regulatory Branch Action ID. 199301551, General Permit No. 199200297 Mr. Neal Barnes Route 1, Box 171-A Corapeake, North Carolina 27926 Dear Mr. Barnes: IWO MAY-51993 W,IETLAMDS GRGUl- r Please reference your April 15, 1993, telephone conversation, and previous onsite inspection with Mrs. Laura Fogo of my staff, regarding construction of a firebreak on your property, located off S.R. 1325, adjacent to Duke Swamp, Holly Grove Township, in Gates County, North Carolina. On March 23, 1992, we issued general permit no. 199200297, (copy enclosed) that authorizes the discharge of dredged or fill material resulting from the following activities on federal or state owned property, and, when performed by the U.S. Forest Service or N.C. Division of Forest Resources, on privately owned land, within non-tidal waters of the United States in the state of North Carolina. In coordination with Mr. T.C. Vaughan, Jr., N.C. Division of Forest Resources, you propose to disc approximately 3,000 feet long by 11 feet wide or 33,000 square feet (0.75 AC) of 404 wetlands on your property for the purpose of creating a new fire break. Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Thank you for.your time and cooperation. If you have questions, please contact Mrs. Laura Fogo, Washington Regulatory Field office, telephone (919) 975-3609. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Y -2- Copy Furnished: North Carolina Division of Forest Resources Att: Mr. T.C. Vaughan, Jr. Route 1, Box 119-A Eure, North Carolina 27935 Copies Furnished (without enclosure): Mr. Mark Pollard Soil Conservation Service Post Office Box 69 Gatesville, North Carolina 27938 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 at/ Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Richard Watts Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 1367 U. S. 17 South Elizabeth City, North Carolina 27909 SEA7Z a ? A State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor March 19, 1993 Mr. Neal Barnes Route 1, Box 171A Corapeake, North Carolina 27926 Dear Mr. Barnes: Subject: Proposed Fill in Wetlands or Waters Fire lane construction Gates County DEM Project # 93122 Jonathan B. Howes, Secretary Upon review of your request for Water Quality Certification to place fill material in 0.75 acres of wetlands or waters which are tributary to Bennetts Creek for fire lane construction located at SR 1325 in Gates County, we have determined that the proposed fill can be covered by General.Water Quality Certification No. 2679 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used.in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 297. If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, i A. reston Howard`,. Jr. P. E. APH:JD l Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files P.O Box 27687, Raleigh, North Carolina 276117687 Telephone 919-733-4984 Fax at 919.733-0513 An Egtml Opporninicy Affirmative Action Employer MEMORANDUM TO: John Dorney Planning Branch SUBJECT: WETLAND STAFF REPORT AMES: ewer: upv. dC- DATE: ! ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 93 PERMIT NO: 0000122 COUNTY: GATES APPLICANT NAME: BARNES & BARNES PROJECT-TYPE: FIRE LINES PERMIT-TYPE: G297 COE_#: DOT #: RCD_FROM_CDA: APP DATE_FRM_CDA: 02/18%93 REG_OFF CE: AARO RI(TER_AND_SUB_BASIN_# : STREAM_CLASS : <! 840 STR_INDEX_NO : 3e-3-2-j-/ WL_IMPACT?:(9 WL REQUESTED: '? racr, WL SCORE(#): HYDRO CNECT?: Y/N MITIGATION TYPE: COMMENTS: WL_TYPE: WL_ACR_EST?: Y/N WATER IMPACTED BY FILL?: Y/N MITIGATION?: Y/N MITIGATION SIZE: IS WETLAND RATING SHEET ATTACHED?: Y/N RECOMMENDATION (Circle One). SSU ISSUE/COND DENY cc: Regional Office Central Files 'C MAR 2 31993 WETL"tVDS GROUP `f X.. WATER UALITY SECTION ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director TO: John Dorney Water Quality Planning, Division of Environmental Management FROM: Dennis L. Stewart, Manager }Q Habitat Conservation Program QC DATE: March 9, 1993 SUBJECT: Section 401 Water Quality Certification review, DEM ID: 93122, W. Neal and Anita H. Barnes, Corapeake, Gates County North Carolina. Biologists on our staff have reviewed the above Section 401 Water Quality Certification request. Our comments are provided in accordance with provisions of Sections 401 and 404 of the Clean Water Act (33 U.S.G. 466 et seq.). A site visit was made on March 10, 1993 to determine impacts to wildlife and fisheries habitat. The applicants, W. Neal and Anita Barnes have applied for a Nationwide Permit under Section 404 and propose to plow a fire line 11 feet in width and 400 feet in length on each side of a wooded area determined to be wetlands. The remaining 5337 feet of plowed line is on higher elevations. Total area to be disturbed in wetlands is .75 acres. While the North Carolina Resources objects to any negative impacts to wetlands, there is a realization that protection from wildfire, as provided by the proposed lines, is necessary. We recommend that all firelines be planted to vegetation such as clovers or Kobe lespedeza. These will provide erosion control along with valuable food and cover for wildlife species. Thank you for the opportunity to review and comment on this application. If we can provide further assistance please call on us. cc: David Rowe, District 1 Wildlife Biologist MEMO DATE: TO: SUBJECT: a/r r -e s - DA-s cam. I II AgSS From: ?a STAip q. V N,?v ao. ins North Carolina Department of Environment, Health and Natural Resources g? Printed on. Recycled Paper Y?'K Q/RM'n?a DEM ID: q3ACTION ID: Y JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MAN NC DEPARTMENT OF ENVIRONMENT, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: ,.z NFAT ina ANTTA H BARNES 2. OWNERS ADDRESS: 3. OWNERS PHONE NUMBER (HOME): 919-4654431 (WORK) :919-465-4431 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: GATES NEAREST TOWN OR CITY: SUNBURY SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): SR 1325 or SAVAGE RD APPROX 2 miles W of rt 32 and .4mi from SR 1305 6. NAME OF CLOSEST STREAM/RIVER: UN-NAMED STREAM IN CENTER OF WETLANDS 7. RIVER BASIN: UNKNOWN USED FOR HIGHWAY DRAINAGE 8. IS THIS'PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [Xa 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X] NO [ ] IF YES, EXPLAIN. PENDING FOR FIRE LANE 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: FTCHT 2!3/92 f.. ,. -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: 0 DRAINED: FLOODED: 0 EXCAVATED: nTSKF:n 3/4 TOTAL IMPACTED: 3/4 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): nTSK FIRE LANE 11 FnnT wTnF BY 400 FT EACH SIDE OF PROPERTY 13. PURPOSE OF PROPOSED WORK: ALLOW FOR PROPERTY FIRE PROTECTION ANn Pc)SSTRT,R REFORESTATION 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. SITE MUST HAVE FIRE LANE DUE TO EVER PRESENT THREAT OF FOREST FIRES AND LACK OF ADEQUATE FIRE PROTECTION 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.. HAVE YOU DONE SO? YES [ ] NO [X I NOT NECESSARY RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES [ J NO [X ] NOT NECESSARY RESPONSE FROM THE SHPO SHOULD BE ATTACHED. 17. ADDITIONAL INFORMATION REQUIRED BY DEM:. A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. SEE PLAT B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? t f ? z41 OWNER'S SIGNATURE DATE Oct. 29,1992 TO: DISTRICT ENGINEER U.S. ARMY ENGINEER DISTRICT, WILMINGTON CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, N.C. 28402-1980 ATTN: LAURA FOGO SUBJECT: PERMIT FOR FIRE LANE PER OUR PHONECON THIS DATE THE FOLLOWING INFORMATION IS SUBMITTED FOR THE ISSUANCE OF A PERMIT FOR THE N.C. DIVISION OF FORESTRY TO PLOW A FIRE LANE OF APPROXIMATELY 6,137.78 FEET AROUND SUBJECT PROPERTY HEREWITH ATTACHED (attacment A). PER GENERAL PERMIT NO: 199200297 THE SUBJECT MANAGEMENT PLAN IS HEREWITH SUBMITTED: THE N.C. FORESTRY DEPARTMENT IS CONTRACTED TO PLOW AN AREA NOT TO EXCEDE 11 FEET IN WITH AND 6,137.78 FEET IN AREA AROUND THE BOUNDARY PERIMETERS OF THE SUBJECT PROPERTY. SUBJECT AREA WILL BE PLANTED WITH SOIL EROSION PREVENT I,'AOGRASSES AND THE IMPACT OF THE PLOWING WILL BE ULTOA-MINIMAL ACROSS THE APPROXIMATELY 200 FEET OF ALRADY PREDETERMINED WETLANDS. SAID FIRE LANE WILL BE MAINTAINED INACCORDANCE WITH ABOVE CITED REGULATION AND ANY RESTRICTIONS PALCED UPON SAME BY THE REQUESTED PERMIT. . THE ONLY IMPACT FORESEEN IN THE PROJECT WILL BE THE ACTUAL DISCING OF THE SUBJECT AREA AND THE PLACEMENT OF SEEDED WHEAT STRAW TO ELIMINATE EROSION UNTIL SEEDS CAN TAKE HOLD. ON THE DISTURBED PARCEL. TOTAL WETLAND CROSSSING SHOULD FALL UNDER THE LESS THAN ONE ACRE RULING. A COPY OF THIS LETTER ALONG W'ITH.A REQUEST FOR A WATER QUALITY STUDY PERMIT WILL BE FORWARDED TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. LOOOKING FORWARD TO REVIEWING THIS PLAN WITH YOU ON 19 NOVEMBER 1992 IN THE A.M. i THANK YOU, NEAL BARNES CC.FILE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT ,y ' e PROPOSED FIRE LANE ROUTE 1 BOX 171 A CORAPEAKE, N.C. X4.48' ., ..........:....... e.........688.241 372.1'. .mss rn . N ? M ?MEA OF CONCERN FLOOD ZONE AREA OF CONCER o _ M to N ? U1 t **DOTTED LINE INDICATES ROUTE OF FIRE LANE AND 11' WIDTH -- .. _.....___._.___..:: !5/Z 13J5 5,4M-T.1-3 4(V-> #NOT TO SCALE 5210-1 (7186) DIVISION OF FOREST RESOURCES NC DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT AGREEMENT FOR FORESTATION SERVICES C r nties of C3 ??S 0)<__?.? " 19- 1 , by and between _ of Location Q B S P 7 79 3 ?a Program , NIA FIP•ACP•FDP• No. WPP ta. North Carolina. This is made and entered into this day S.S.# _ 27SZ hereinafter called the "Landowner" and the North Carolina Department of Natural Resources and Community Development, Division of Forest Resources, hereinafter called "Forest Resources" WiTNESSETH THAT. The Forest Resourcps hereby agrees to provide the said Landowner forestation services for the purpose of KI,2C-•' _ LONG CWJn/S7/ 'C, ;r/ Of subject to the following terms and conditions. A. THE LANDOWNER AGREES TO: 1. Pay the Forest Resources at the rate of $ 9-'5 per acre and/or mile AJ off (describe service) on/for approximately acres and/or miles not to exceed acres and/or miles. Cost to Landowner is estimated to be approximately $ 10 T"; not to exceed $ f - 2. Make full payment upon receipt of an invoice from the Forest Resources by check or money order payable to N. Q Department of Natural Resources and Community Development. 3. Properly designate all property lines and corners. 4. Properly designate all improvements that warrant special consideration to avoid damage (i.e. ditches, fences, eta). 5. Provide adequate ingress, egress, regress, thereto and therefrom. 6. Hold Forest Resources harmless for damages which may occur to existing timber and vegetation within the designated perimeter when contrac- tual agreement is for prescribed burning in an existing forest stand. B. THE FOREST RESOURCES AGREES TO: 1. Where contractual services are for tree planting: a. replant those areas of inadequate stocking levels which are a result of improper planting, as determined by Forest Resources. This is to be at no additional cost to the landowner. b. Forest Resources will not replant, without additional cost, in the following circumstances: (1) Seedlings furnished by the Landowner (2) Species planted not recommended by the Forest Resources for the planting site (3) All hardwood species planted. (4) Grazing by domestic livestock and/or wildlife ` (5) Natural hazards such as: Wildfire, drought, insects, diseases, freezing, etc., (6) Inadequate site preparation 2. Where contractual services involve machine use: a. Refuse all or that portion of a site or prescription exceeding the economical or safe operation of Forest Resources equipment 3. Determine the amount of forestation work done upon the completion of the job and invoice the Landowner for the service and/or services rendered. C. THE FOREST RESOURCES AND LANDOWNER AGREE: 1. That either party may cancel this agreement by giving two week written notice to the other party. 2. The decision of the Forest ? esources designated representative will be final in all disputed matters arising from this agreement. 3. Prices are subject to change without notice when substantial increase in cost of material is encountered by the Forest Resources. Landowner will be notified of any price increase prior to beginning of work. 4. Terms of payment: PAYMENTS ARE DUE UPON RECEIPT OF INVOICE. Charges not paid by the Landowner within 60 days of the invoice date 1 will incur a service charge of 1 percent per month of the unpaid balance at an annual rate being 12 percent. Service charges begin 60 days after the invoice date. Charges not paid within 90 days of the date of the invoice will be referred to the Attorney General's Office for collection. The services contracted are not supported by tax funds, but are entirely supported by receipts paid by the recipients to the Forest Resources. LANDOWNER • V _X41/ ?'" I (seal) ' DATE WITNESS NORTH CAROLINA DIVISION OF FOREST RESOURCES ?,C t?? BY TITLE L1 a1iiSf?? t`om'" ' . DATE WITNESS ,P ice checked by Name Forest Resources Representative Name , District Unit --- -4 .... -- ----.. 4 Numher of miles constructed- F • $TAIE o STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY P. 0. Box 1405 Eliz?';eth City, N. C. 27906-1405 June 8, 1992 DIVISION OF HIGI-IWA't"S WILLIAM G. MARLEY.,Jn . P 1= STATE HIGHWAY ADMINISI n A I' M MEMORANDUM TO: Mr. Neal Barnes FROM: R. C. Skinner County Maintenance Engineer SUBJECT: Drainage Ditch On June 3, 1992 Van Riddick, Road Maintenance Supervisor for Gates County and I, after making a site investigation of the drainage ditch located across your property, continued the ditch investigation as it relates to other properties joining SR 1325. This drainage ditch runs paralled to SR 1325 400'+ to 800'+ for a distance of 1.8 miles+. Rainwater runoff from adjoining properties and SR 1325 drain to this outlet ditch. North Carolina Department of Transportation's responsibility to provide maintenance for'this drainage ditch is minor because of the acreage of. the right-of-way compared to the total acreage being served by this ditch: If I can be of further assistance, please advise. RCS/ss Cc: C. E. Lassiter, Jr. P. E. { l An Equal Opportunity/Affirmative Action Employer OJ i plS?,lA ? L ` > Z t E J ;i•? [ tN P. ? <-t ? ? ? ? ? I 9 r ? 11 116. [ ? A T r• - I r v h 9 SWAT' r t .twvt 7p o ? a } , ' L ? i r A ?+? or ?4wJ sw ?go, a gal ...o L.U < 66 [i I ?7 I 0 Q O OL-- is O u f. <F i x to u?t ? t:,t ( V DEM ID: ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: W NPAT, and ANTTA H- BARNES 2. OWNERS ADDRESS: RT 1 Rix 171 A rnRAPPAKP? N-(-- 27926 3. OWNERS PHONE NUMBER (HOME): 919-4654431 (WORK) :919-465-4431 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY : GATES NEAREST TOWN OR CITY: S NBURY SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): SR 1325 or SAVAGE RD APPROX 2 miles W of rt 32 and .4mi from SR 1305 6. NAME OF CLOSEST STREAM/RIVER 7. RIVER BASIN: UNKNOWN 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [X] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X] NO [ ] IF YES, EXPLAIN. PENDING FOR FIRE LANE - UN-NAMED STREAM IN CENTER OF WETLANDS USED FOR HIGHWAY DRAINAGE 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: RTGHT 2/3/92 -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: 0 DRAINED: 0 FLOODED: 0 EXCAVATED: DTgKED 314 TOTAL IMPACTED: 34A 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): DTSK FIRE LANE 11 FnnT wTDE BY 400 FT EACH SIDE OF PROPERTY 13. PURPOSE OF PROPOSED WORK: ALLOW FOR PROPERTY FIRE PROTECTION AND PoRsTRT,F. REFORESTATION 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. SITE MUST HAVE FIRE LANE DUE TO EVER PRESENT THREAT OF FOREST FIRE AND LACK OF ADEQUATE FIRE PROTECTION IN AREA AND LATER FORESTRY MANACaEM NT. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [X ] NOT NECESSARY RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES [ ] NO [X ] NOT NECESSARY RESPONSE FROM THE SHPO SHOULD BE ATTACHED. 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES O'N THE PROPERTY. SEE PLAT B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? R I?e1?T?RAI F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? OWNER'S SIGNATURE DATE Oct. 29,1992 TO: DISTRICT ENGINEER U.S. ARMY ENGINEER DISTRICT, WILMINGTON CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, N.C. 28402-1980 ATTN: LAURA FOGO SUBJECT: PERMIT FOR FIRE LANE PER OUR PHONECON THIS DATE THE FOLLOWING INFORMATION IS SUBMITTED FOR THE ISSUANCE OF A PERMIT FOR THE N.C. DIVISION OF FORESTRY TO PLOW A FIRE LANE OF APPROXIMATELY 6,137.78 FEET AROUND SUBJECT PROPERTY HEREWITH ATTACHED (attacment A). PER GENERAL PERMIT NO: 199200297 THE SUBJECT MANAGEMENT PLAN IS HEREWITH SUBMITTED: THE N.C. FORESTRY DEPARTMENT IS CONTRACTED TO PLOW AN AREA NOT TO EXCEDE 11 FEET IN WITH AND 6,137.78 FEET IN AREA AROUND THE BOUNDARY PERIMETERS OF THE SUBJECT PROPERTY. SUBJECT AREA WILL BE PLANTED WITH SOIL EROSION PREVENTIziIiyGRASSES s AND THE IMPACT OF THE PLOWING WILL BE ULT40-MINIMAL ACROSS THE APPROXIMATELY 200 FEET OF ALRADY PREDETERMINED WETLANDS. SAID FIRE LANE WILL BE MAINTAINED INACCORDANCE WITH ABOVE CITED REGULATION AND ANY RESTRICTIONS PALCED UPON SAME BY THE REQUESTED PERMIT. THE ONLY IMPACT FORESEEN IN THE PROJECT WILL BE THE ACTUAL DISCING OF THE SUBJECT AREA AND THE PLACEMENT OF SEEDED WHEAT STRAW TO ELIMINATE EROSION UNTIL SEEDS CAN TAKE HOLD ON THE DISTURBED PARCEL. TOTAL WETLAND CROSSSING SHOULD FALL UNDER THE LESS THAN ONE ACRE RULING. 1 A COPY OF THIS LETTER ALONG WITH A REQUEST FOR A WATER QUALITY STUDY PERMIT WILL BE FORWARDED TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. LOOOKING FORWARD TO REVIEWING THIS PLAN WITH YOU ON 19 NOVEMBER 1992 IN THE A.M. THANK YOU, NEAL BARNES CC.FILE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT PROPOSED FIRE LANE ROUTE 1 BOX 171 A CORAPEAKE, N.C. 48 .? .................••..,,. 688.24' 372.1 L rn N ? M . cN AREA OF CONCERN FLOOD ZONE AREA OF CONCER E7 .. ON r- M ? M Uf) N m Uf) Lo "DOTTED LINE INDICATES ROUTE OF FIRE LANE AND 11' WIDTH ` - s l2 13 irk S 5.?+3?.?3 42 ?? #NOT TO SCALE 0-1 (7986) IVIS(ON OF`'FOREST RESOURCES C DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT GRFEMENT FOR FORESTATION SERVICES Awl, of C3 r? ??`S I- ?._(?/ 19 !l , by and between f Location 7 7 o Program ',N/A % FIP•ACP•FDP• No. WPP ?f? North Carolina. This is made and entered into this day S.S.# `-- ereinaftercalled the "Landowner" and the North Carolina Department of Natural Resources and Community Development, Division of Forest Resources, hereinafter alled "Forest Resources" WITNESSETH THAT- The Forest Resources hereby agrees to provide the said Landowner forestation services for the purpose of 111C-*! ANC C-vAI-C 2r C-7100" subject to the following terms and conditions. THE LANDOWNER AGREES TO: 1. Pay the Forest Resources at the rate of $S per acre and/or mile Al 45 (describe service) on/for approximately acres and/orc 4 miles not to excej acres and/or - miles. Cost to Landowner is estimated to be approximately $ /0 not to exceed $-10 2. Make full payment upon receipt of an invoice from the Forest Resources by check or money order payable to N. C Department of Natural Resources and Community Development. 3. Properly designate all property lines and corners. 4. Properly designate all improvements that warrant special consideration to avoid damage (i.e. ditches, fences, etc.). 5. Provide adequate ingress, egress, regress, thereto and therefrom. 6. Hold Forest Resources harmless for damages which may occur to existing timber and vegetation within the designated perimeter when contrac- tual agreement is for prescribed burning in an existing forest stand. THE FOREST RESOURCES AGREES TO: 1. Where contractual services are for tree planting: a. replant those areas of inadequate stocking levels which are a result of improper planting, as determined by Forest Resources. This is to be at . no additional cost to the landowner. b. Forest Resources will not replant, without additional cost, in the following circumstances: (1) Seedlings furnished by the Landowner (2) Species planted not recommended by the Forest Resources for the planting site (3) All hardwood species planted. (4) Grazing by domestic livestock and/or wildlife ` (5) Natural hazards such as: Wildfire, drought, insects, diseases, freezing, etc., (6) Inadequate site preparation 2. Where contractual services involve machine use: a. Refuse all or that portion of a site or prescription exceeding the economical or safe operation of Forest Resources equipment 3. Determine the amount of forestation work done upon the completion of the job and invoice the Landowner for the service and/or services rendered. THE FOREST RESOURCES AND LANDOWNER AGREE: 1. That either party may cancel this agreement by giving two week written notice to the other party. 2. The decision of the Forest Resources designated representative will be final in all disputed matters arising from this agreement. 3. Prices are subject to change without notice when substantial increase in cost of material is encountered by the Forest Resources. Landowner will be notified of any price increase prior to beginning of work. 4. Terms of payment: PAYMENTS ARE DUE UPON RECEIPT OF INVOICE. Charges not paid by the Landowner within 60 days of the invoice date 1 will incur a service charge of 1 percent per month of the unpaid balance at an annual rate being 12 percent. Service charges begin 60 days after the invoice date. Charges not paid within 90 days of the date of the invoice will be referred to the Attorney General's Office for collection. The services contracted are not supported by tax funds, but are entirely supported by receipts paid by the recipients to the Forest Resources. NORTH CAROLINA DIVISION OF FOREST RESOURCES kNDOWNER',/GC/` BY frer ?- (seal) 4TE / (r XTITLE LIa1l?lS JOJ?` 'ITN ESS DATE Y -3a`'F,7-- WITNESS ----------------------------------------------------- nce checked by Name Forest Resources Representative Name District Unit mhai of nnrac Qprvioarf - Number of miles constructed L?,d o't STATE o pure STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES G. MARTIN P. 0. Box 1405 DIVISION OF HIGHWAYS, GOVERNOR Elizabeth City, N. C. 27906-1405 THOMAS J. HARRELSON June 8, 1992 WILLIAM G. MARLEY, JR., PT SECRETARY STATE HIGHWAY ADMINISTR,A1()R MEMORANDUM TO: Mr. Neal Barnes FROM: R. C. Skinner ,QG3 County Maintenance Engineer SUBJECT: Drainage Ditch On June 3, 1992 Van Riddick, Road Maintenance Supervisor for Gates County and I, after making a site investigation of the drainage ditch located across your property, continued the ditch investigation as it relates to other properties joining SR 1325. This drainage ditch runs paralled to SR 1325 400'+ to 800'+ for a distance of 1.8 miles+. Rainwater runoff from adjoining properties and SR 1325 drain to this outlet ditch. North Carolina Department of Transportation's responsibility to provide maintenance for'this drainage ditch is minor because of the acreage of the right-of-way compared to the total acreage being served by this ditch. If I can be of further assistance, please advise. RCS/ss Cc: C. E. Lassiter, Jr. P. E. An Equal Opportunity/ Affirmative Action Employer SWAT' VT`oJ 12 = a O ? I ? ? ? `?' worm of - {jr T •i • R I fl 9 T •'? zg t. ?- ?•, g y =g - aa; for Pw; 7 C. 3 ry ?_ NMI CO r-W 51 r a??cf; i m I' 1 t© "I ? I I x Presented for registration and recorded in this office at Book 147, Page 111 this 19th day of February, 1990 at 3:01 P. M. Excise Tax /0.,00 Recording Time. Book and Page x Lot No. .................................. .................. :........................ .............. Parcel Identifier No. ..:............ ................. ............. ............................. rifled by ........................................................................ County on the ................ day of ........................................................, 19............ ..................... :.............................................................................. ................................................... ....................................................... ............. .. ..................................................................................... . . .il after recording to .....GoC .. QPO 5 1I7.....• ......:.......... .......................................................................................................................................................................................... .. is instrument was prepared by .... Philip ...P.....Godwin...... J.r...,...Attorne-y ... at Law-----• ---(f-pe.) ief description for the Index NORTH CAROLINA GENERAL WARRANTY. DEED ' ..../..., day of ................:.. ..:ear.-'.................. ......... . ., 19 by and between CIS DEED made this . .......... GRANTOR STEVE CLINE et ux SHERRY L. CLINE 4234 Traci;; Road Melba, Idaho 83641 GRANTEE W. NEAL BARNES and ANITA H. SPENCE, as tenants in common Route 1, Box 171-A Corapeake, NC 27926 rater in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. he designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and call include singular, plural, masculine, feminine or neuter as required by context. 1ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby ,knowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that ;rtain lot or parcel of land situated in the City of .................. .......... ................................ , ........ Holly ... Grove........ Township, .......................Gates............ County, North Carolina and more particularly described as follows Bounded and described according to a survey of John Glen Harrell dated December 19, 1989 entitled "Physical Survey for Anita H. Spence", a copy of which is hereby attached and asked to be incorporated herein by reference. Parcel A is bounded according to survey as follows: BEGINNING at a point, a pin set, abutting the southwestern right-of-way of NCSR 1325, a corner for this parcel and Parcel B to be conveyed to W. Neal Barnes and Anita H. Spence; running thence with Parcel B South 40° 38' 27" West a distance of 800 feet to a point, a pin. set, a corner for this parcel herein described, Parcel B and lands now or formerly belonging to Dennis E. thence with Dennis E. Barkley North 53° 15' 13" East ...................................................... Mail after recording to ..... Godw- .p.. Godwin ............................. .................................................................. This instrument was prepared by .... Philip ...P.....Godwi.n...... Jr...,..•Attorney ... at -Law .......... E • fpe.y .......................... Brief description for the Index ?? NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ..7..... day of ................... kt%................... GGqq .-- -- 19.. 4...1..., by and between GRANTOR STEVE CLINE et ux SHERRY L. CLINE 4234 Track Road Melba, Idaho 83641 GRANTEE W. NEAL BARNES and ANITA H. SPENCE, as tenants in common Route 1, Box 171-A Corapeake, NC 27926 nter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. 'he designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns; and hall include singular, plural, masculine, feminine or neuter as required by context. rITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby -knowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that ?rtain lot or parcel of land situated in the City of ............................... .......................... ........ H0.1.1y...Grove........ Township, ............Gates............ County, North Carolina and more particularly described as follows: Bounded and described according to a survey of John Glen Harrell dated December 19, 1989 entitled "Physical Survey for Anita He Spence", a copy of which is hereby attached and asked to be incorporated herein by reference. Parcel A is bounded according to survey as follows: BEGINNING at a point, a pin set, abutting the southwestern right-of-way of NCSR 1325, a corner for this parcel and Parcel B to be conveyed to We Neal Barnes and Anita He Spence; running thence with Parcel B South 40° 381 27" West a distance of 800 feet to a point, a pin set, a corner for this parcel herein described, Parcel B and lands now or formerly belonging to Dennis E. Barkley; running thence with Dennis E. Barkley North 53° 151 13" East 1,000.00 feet to a point, a pin set, a corner for this parcel and Dennis E. Barkley property; running thence along the southwestern right-of-way of NCSR 1325 South 36° 391 23" East 160 feet to the BEGINNING point. Said Parcel A contains 5.274 acres according to survey. This conveyance is made subject to that certain deed of trust executed by Steve L. Cline and Sherry L. Cline to J. Lewis Rawls and Philip P. Godwin, Trustees, for John S. Cockey, executor of the Margaret L. Jordan Estate, Beneficiary, which is duly recorded in Book 135, Page 894 and filed on December 17, 1985 in the Office of the Register of Deeds of Gates County at 3:40 p.m. '. Bar Assoc. Form No. 3 © 1976. Revised © 1977 - James Wihiams a co., lnc.. Bo. 127, Vadkimille. N. C. 27055 d by Agreement with the N. C. Be, Assoc. - 1981 ' SR 1325 LOCATION MAP SR. SI rE 1305 SR 132 O L 32 ilelc survcy mace oy me from in.Lormilk wil i-au--ou as referenced hereon, that the title lines and physical improvements are shown, that there are no visible easements or visible encroachments ex- cept as shown, and that this plat conforms to GS 0-30 as amended. Witness my hand and seal this day of D m r , 1989. Gates County, Nor Ca =Harrell Tr' a Notar Public, cer f that John Glen personally ap- ?•`? ?\Sjf peared before me this day and acknowledged the due execution of the foregoing certificate. c SEAL Witness my hand and seal this /1? day of = : l L-2931 - December 1989. O r MY iasion. e ire : ?-.25 91 9Fc ?',,,?;O,yN •? SUR??•5, LEN o arm" c A? OFFICIAL SEAL ;North Carolina v Gates County FLEDEI P. Et) RE PIN SET s3 Eq I (VOTARY PUBLIC Mly fOmmis? :m Ezyi ±s Mascfs 2?, :99 y' r 90 5l OD D PARCEL B PIN SET O O PARCEL A A 5.274 AC. g N/ F o DENN I S E. BARKL EY w D.B. 141, P. 742 °D- PLAT D.B. 132, P.14 N DOUBLE WIDE -4 MOBILE HOME (SEE DETAIL) 30t 171.5 . - W 44.2 an DOUBLE of M MOBILE HOME N 44. 2 o r M O E _i3_ wow DECK - HOUSE DETAIL SCALE: 1 "=40' PIN SET 160.00' PIN FD. S 36° 9 X23 "E 0.5 Ml. TO SR 1305 ---i?- SR 1325 ( 60' R/W) PHYSICAL SURVEY THIS PARCEL IS NOT LOCATED IN A FLOOD ZONE AS PER FIA PANEL NO. 370103 0003A. (FEB. 17, 1978). OF A PORTION O F PROPERTY RECORDED IN D.B. 135 , P. B91 . Coo 5 /js,/? 3 -- '-?A 3 Of-cct?l, SR 1326 I John Glen Harrell, Registered Land Surveyor, WIGG INS SR certify that this plat was drawn from an actual CROSSROADS 1327 field survey made by me from information recorded as referenced hereon, that the title lines and SR 1325 physical improvements are shown, that there are LOCATON no visible easements or visible encroachments ex- MAP SR SITE cept as shown, and that this plat conforms to GS 1305 47- 0 as amended. Witness my hand and seal this NC32 day of Dec ber , 1989. 1320 Registered Land Surveyor Gates Co ty, North Carolina I u , a Notary Public, ,p • CARo( ,q y that John Glen Harrell personally ap- F°o,? Peared before me this day and acknowledged the due execution of the foregoing certificate. SEAL _ Witness my hand and seal this /9 day of L-2931 December, 1989. My c seion . ex res 5-9 / .o y '••......••• ?? ? 3 , N/F s ?tEN 0":k / WILLIE LEE BYRUM D. B. 90 , P. 179 6 Public D.8 . 84 I R 240 _ N27°/2' C. M, 35 W FD. OFFICIAL SEAL NtC 384 48 N 20°37 23 P• North Carolina o Gates County w C.M. FLEDA P. EURE ?• see. 24 FD N 32°50 #00 $P yam NOTARY PUBLIC I. PIPE FD. ON 372. /q C.M. FO MYCoM.T.i- ;,c0esMarch 25.199? LINE ?g PARCEL B ug \ 3 CA: w 39.301 AC. 2 0 2 °c tea;:;'?kkj PIN FD. o a= W.? t W `fir Z -,• ? ? r : ..,5 , ? - •,o ,eY?„R ?itr+ P COO .. r. . i r. W `? '• . PIN SET W PIN SET Z o p ? CA PHYSICAL SURVEY a = 11 oNPLIN ? DEL z ys o OF A PORTION OF PROPERTY RECORDED IN ro a B. 133 , P. 891 m FOR a'cAO o0 W. NEAL BARNES A ANITA H. SPENCE o HOLLY GROVE TWSP. GATES COUNTY o 0 1989 NORTH CAROLINA PIN . u 8 I . P 1PE FSE Ik PI