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HomeMy WebLinkAboutSW7080709_HISTORICAL FILE_20210618STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS 7n HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD ROY COOPER Governor JOHN NICHOLSON Interim Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality June 18, 2021 Carter Lumber Partnership of Indiana 601 Tallmadge Road Kent, OH 44240 Subject: Stormwater Permit Renewal Stormwater Management Permit SV 7080709 Griggs Lumber — Edenton, NC Site Chowan County Dear Sir: wd lk° .A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7080709 for a stormwater treatment system consisting of a wet detention pond to serve a proposed Griggs Lumber to be located at 121 Whitemon Lane, Edenton, NC expires on December 30, 2021. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. If you wish to maintain this permit, please submit a completed permit renewal application along with a $505.00 fee for permit renewal. Permit application forms for renewal can be found on our website at: https://deq.nc.gov/about/divisions/energy- mineral-and-land-resources/stormwater/stormwater-program/post-construction-2. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit if the facility is built. If you do not plan to construct this facility, please advise. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the application forms. You can request a copy by e-mailing me at roger.thorpena.ncdenr.gov. Sincerely, �Thorpe�� Ro er K. Environmental Engineer — '_ North Carollna Department of Environmental Quality '!, Divlslon of Energy, Mineral and Land Resources 1/ Washington Regional Office 1943 Washington Square Mall I Washington. North Carolina 27889 �^+� /_0�1 252.946n481 WATF9 �j e < July 28, 2008 Carter Lu er Partnership of Indiana Attn.: arles R. Price 60 allmadge Road Kent, OH 44240 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject:: Stormwater Review SW7080709 Griggs Lumber —Edenton Store Chowan County Dear Mr. Price: This office received a Coastal Stormwater permit application and plans for the subject project on July 17, 2008. A preliminary review of your project indicates that before a State Stormwater permit can be issued the following additional information is needed: 1. The Calculations show New Impervious Surface to be 246,496, while the Application and the Supplement shows 245,056, The plans show that the Griggs parcel impervious coverage is 194,641. If added with the two outparcel impevious coverages, the total coverage is 243,704 sf, which does not match with impervious coverage listed in other documents. Please clarify and revise if needed. 2. The outlet structure detail on pages 2 and 3 of the plans shows in one view that the orifice size is at elevation of 13.5, while the other view show the orifice to be at elevation of 14.0. Please revise. 3. Provide 2 sets of signed and sealed plan sheets. The above requested information must be received in this office prior to August 4, 2008 or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to me at the Letterhead address and include the application number on the request. The request must include justification for the amount of additional time needed. The request will only be granted for justifiable delays that are unforeseen and beyond the owner or consultant's control. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $25,000 per day. Please reference the Stormwater Project Number above on all correspondence. If you have questions, please feel free to contact me at (252) 948-3959. Sincerely, Samir Dumpor, PE Environmental Engineer Washington Regional Office cc: VWashington Regional Office Bob Farris, PE, CE Solutions, 201 Lane Dr., Elizabeth City, NC 27909 North Carolina Division of Water Quality Internet www.ncwateroualitv.ore One 943 Washington Square Mall Phone (252) 946-6481 NO Carolina Washington, NC 27889 Fax (252) 946-9215 Naturally An Equal Opportunity/Affirmative Action Employer -50%Recycledll0% Post Consumer Paper U CE SOLU i Ions "ai tiyi¢¢s H¢ss August 4, 2008 Mr. Samir Dumpor DENR-DWQ 943 Washington Square Mall Washington NC 27889 RE: Stormwater Review SW7080709 . Griggs Lumber -Edenton Chowan County Dear Samir: A!JG 0 5 2008 Attached hereto you will find our revised submittal for the Griggs Lumber -Edenton project. In your letter of 7/28/08 you correctly noted that we had an inconsistency in our numbers relating to the total amount of impervious surface in the project area. The total impervious surface requested should have been 243,704 square feet. We have corrected our calculations and revised the appropriate state forms to reflect the correct impervious area. Attached to this correspondence you will find two complete copies of of the forms and calculations that -changed. In addition, your letter pointed out a drafting error that showed the orifice elevation at one elevation on one drawing and at another elevation in the detail. That error has also been corrected and revision notes point out the plan changes. Two copies of the revised sheets are included with this correspondence. Thanks for your help in this matter. S rely, EXPRESS AUG 0 5 2008 obert T. Farris, PE NC ®ENR A Professional Limited Liability Company . Ifarris@roadrunneccom 201 Lane Drive, Elizabeth City, NC 27909 252-264-3222, Fax 264-3022 10/A,3:Z1y0►A The existing site is an undeveloped flat parcel of land in the Coastal Region. Like much of the Coastal land the surficial soil has very low permeability, in this case it is Roanoke. Slope over most of the site is less than one percent. The project is to construct a Griggs Lumber Store to serve the area surrounding Edenton. The Griggs Store will occupy 7.18 acres of the 9.06 acre site with Outparccl 1 having 0.86 acres and Outparcel 2 having 1.01 acres of land respectively. The Griggs lot is proposed to be 62.5% impervious with the remaining lots being restricted by Deed Restrictions to 60% impervious coverage. Development plans for these lots will be submitted separately as the parcels develop. Consequently this is a High Density development. Stormwater from the built upon area is to be caught in drop inlets and conveyed by storm pipes to the WQP. The pond has been designed to detain a 5 inch storm. The WQ portion of the design is based on a 1 inch rain and 90% TSS Pollutant Removal Efficiency. A 2.5 inch pipe will discharge a 1 inch rain in the temporary pool in 2.7 days. A subsurface soil evaluation was performed by GET Solutions (copy attached) and their recommendations were followed. Stormwater from the site will discharge in the roadside ditch along Hampton Drive, then south along Whitemon lane, Cross under Whilemon Lane just before SR 32, cross under SR 32 just west of the Route 17 Bypass, cross under Route 17 south of SR 32 and flow into Flatberts Creek. Hatberts Creek discharges into the Chowan River. The Chowan in this area carries a B, NSW classification. Downstream from the project we are proposing to increase the sire of the Hampton Drive, Ford driveway, and the Whilemon Lane at SR 32 culverts to prevent localized flooding. This plan to upgrade culverts has been reviewed and approved in concept by the Edenton stormwater review officer. A 0.19 acre wetland was found on site. The wetland has been delineated and reviewed by the ACOE. On June 19, 2008 the ACOE determined this wetland to be isolated and not jurisdictional (copy attached). Environmental Professionals, on behalf of Carter Lumber has sent the ACOE information to DENR along with the five NCDWQ applications to the NCDWQ 401 wetland certification unit. Their application is a courtesy since formal notification is not required for isolated wetland impacts less than 1/3 of an acre. 51eL-)9-21 -Y, Document Index DENR Expedited Review 7/l/08 Griggs Lumber Store Edenton, NC 1. Request for Express Permit Review 2. Checks to cover filing fees. 3. Narrative 4. Drainage Map 5. Financial Responsibility Ownership 6. Deed 7. SWU-101 Stormwater Management Permit Application 8. SWU-401 Wet Detention Supplement 9. DRPC-2 High Density With Outparcels Deed Restrictions W. SW401 Wet Detention Basin O&M 11. Stormwater Calculations 12. GET Solutions Soil Study 13. ACOE Non Jurisdictional Determination North Carolina Department of Environment and Natural Resources Request for Express Permit Review Reviewer: Submit Time: Confirm FILL-IN all the information below and CHECK the Permitls) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Include this form in the application package. • Asheville Region -Alison Davidson 828-296-4698;alison.devidsonO-ncmail.net • Fayetteville or Raleigh Region -David Lee 919-791-4203, david.lee0ncmail.net • Mooresville & -Patrick Grogan 704-663-3772 or patrick.oropanancmail.net • Washington Region -Lyn Hardison 252-946.9215 or lm.hardisorfircmaiLnet • Wilmington Region -Janet Russell 910-350-2004 or ionetrussell®ncmaiLnet NOTE: Project application received after 12 noon will be stamped in the following work day. Project Name: GRIGGS EDENTON County: CHOWAN Applicant: ALBERT AVANESYAN Company: CARTER LUMBER PARTNERSHIP OF INDIANA Address: 601 TALLMADGE ROAD, City: KENT, State: OH Zip: 44240 Phone:330-673-6100 Fax:888-761-8313 Email: AAVENESYAN(a)CARTERLUMBER.COM Project is Drains into B. NSW waters Project Located in CHOWAN River Basin Engineer/Consultant: BOB FARRIS Company: CE SOLUTIONS Address: 201 LANE DRIVE City: ELIZABETH CITY, State: NC Zip: 27909 Phone:252-264-3222 Fax::252-264-3022 Email: 1FARR16.ROADRUNNER.COM (Check all that apply) ❑ Scoping Meeting ONLY ® DWQ, ❑ DCM, ® DLR, ❑ OTHER: ❑ Stream Origin Determination: # of stream calls — Please attach TOPO map marking the areas in questions ❑ State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp, ® Clear & Grub, [I Utility ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ElOff-site[SW (Provide permit #)] ® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ® High Density —Constructive Wetlands 1 # Treatment Systems ❑ High Density -Other _ # Treatment Systems ❑ MODIFICATION SW _ (Provide permit #) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ® Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ® Erosion and Sedimentation Control Plan with 10.0 acres to be disturbed.(CK # (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW ® Wetlands (401): Check all that apply Wetlands on Site ❑ Yes ❑ No Wetlands Delineation has been completed: ® Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process wl US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ❑ Yes ❑ No Fees lit for multiplepermits: Check# Isolated wetland on Property ® Yes ❑ No Buffer Impacts: ❑ No ❑ YES: acre(s) Minor Variance : ❑ No ❑ YES Major General Variance ❑ No ❑ YES 401 Application required: ®Yes ❑ No If YES, ® Regular Perennial, Blue line stream, etc on site ❑ yes ® No For DENR use only Total Fee Amount $ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA 1 Variance ❑ Ma'; ❑ Min $ SIN ❑ HD, ❑ LID, ❑ Gen $ 401: $ LQS I $ Stream Deter,_ $ U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-01846 County: Chowan U.S.G.S. Quad: Edenton NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Carter Lumber c/o.Albert Avanesvan Address: 601 Tallmadge Road Kent, Ohio 44240 Telephone No.: 330-673-6100 Property description Size (acres) 9.058 Acres Nearest Town Edenton Nearest Waterway Filberts Creek River Basin Chowan USGS HUC 03010205 Coordinates N 36.079 W-76.614 Location description The 9.058 Acre site is located at the intersection of Hampton Drive and NCSR 1321 (Whitemon Lane), East of Highway 32, North of the town of Edenton, in Chowan County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Pan 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Page 1 of 2 Action Id. SAW-2008-01846 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Josh Pelletier or Emily Jernigan at 252-975-1616. C. Basis For Determination The area that was reviewed on the project site was determined to be isolated and not jurisdictional. The proiect area does not hydrologically connect to a TNW through any means of water body. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Josh Pelletier or Emily Jernigan, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 08/19/2008. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**. Corps Regulatory Official: f U Date 06/19/2008 Expiry ion Date 06/19/2013 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.co to complete the survey online. Copy furnished: Kendall Tumage, Environmental Professionals, Inc. Page 2 of 2 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD; Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 06/19/2008 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2008-01846 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The 9.058 Acre site is located at the intersection of Hampton Drive and NCSR 1321 (Whitemon Lane), East of Highway 32, North of the town of Edenton, in Chowan County, North Carolina. State:North Carolina County/parish/borough: Chowan City: Edenton Center coordinates of site (fat/long in degree decimal format): Lat. 36.0790 nNi, Long.-76.6140 Universal Transverse Mercator: Name of nearest waterbody: Filberts Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Filberts Creek Name of watershed or Hydrologic Unit Code (HUC): Albemarle 03010205 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. d Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): r, Office (Desk) Determination. Date: nx Field Determination. Date(s): May 6, 2008 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Ai'eTn. "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] 0 Waters subject to the ebb and flow of the tide. El Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There rr° ei o "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required) Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r 0 TNWs, including territorial seas Wetlands adjacent to TNWs sx Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs h" Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Q Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). Non -wetland waters: linear feet: width (ft) and/or acres. Wetlands: acres. C. Limits (boundaries) of jurisdiction based on:; -ic Lis Elevation of established OH WM (if known): 2. Non -regulated waters/wetlands (check if applicable):' ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: The Wetlands on the project area are Isolated. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section HLB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically Bow year-round or have continuous Bow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) Bow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial now, skip to Section 1H.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HLBA for the tributary, Section III.B.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HLC below. L Characteristics of non-TNWs that Bow directly or indirectly into TNW (i) General Area Conditions: Watershed size: �,ick`�LI " �'sc tic- Drainage area: Pick"tii5 Average annual rainfall: inches Average annual snowfall: inches ' Supporting documentation is presented in Section III.F. ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. (ii) Physical Characteristics: (a) Relationship with TNW- ❑ Tributary flown di ... dy into TNW. ❑ Tributary flows through P.ickiLis tributaries before entering TNW. Project waters are PiCIVEis river miles from TNW. Project waters are ris river miles from RPW. Project waters are .1%kLi aerial (straight) miles from TNW. Project waters are PickiLisl aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWs: Tributary stream order, if known: (b) General Tributary Characteristics (check all that appjy)_ Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: ick Gis . Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑Concrete ❑ Cobbles ❑ Gravel El Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: :ic 6Lis Tributary gradient (approximate average slope): % (c) Plow: Tributary provides for. .ickSliist Estimate average number of flowevents in review area/year: ,ick• -'ts Describe flow regime: Other information on duration and volume: Surface flow is: �E Lis . Characteristics: Subsurface flow: 02. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM' (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. sA natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list): ❑ Discontinuous OHWM ' Explain: sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWAjurisdiction (check all that apply): 0 High Tide Line indicated by: [] Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non=FNW that flow directly or indirectly into TN'W (i) Physical Characteristics: (a) General Wetland Characteristics Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: ,ick bs . Explain: Surface flow is: ieka[;i"s Characteristics: Subsurface flow: !."Ak lits . Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Fcological connection. Explain: 'Ibid. ❑ Separated by berm/barrier. Explain: (d) Proximity Relation t Project wetlands are ,:,ck�Eis river miles from TNW. Project waters are tck7L`is�aerial (straight) miles from TNW. Flow is from: is� Estimate approximate location of wetland as within the ,ick;L'is floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any All wetland(s) being considered in the cumulative analysis: ick�L>is Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/Nl Size (in acres) Directly abuts9 (Y/N) Size (in acres Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the Bow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the Bow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TN Ws, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle surpnt't functions for fish and vm.r aPvvtcat ouvh as MOti% ❑QIIIlgt spawning, or rearing young for species that arc present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Noic: the above 113t or considerations Is not Inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: +d TNWs: linear feet width (ft), Or, acres. Lj Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. _?9 Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: !" Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): LJ Tributary waters: linear feet width (ft). mr Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that now directly or indirectly into TNWs. id Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abuccin6 an RPW; , "See Footnote M 3. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters! As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional. ® Demonstrate that impoundment was created from "waters of the U.S.," or 0 Demonstrate that water meets the criteria for one of the categories presented above (1-6), or as Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):1' 0 which are or could be used by interstate or foreign travelers for recreational or other purposes. Q from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. 0 which are or could be used for industrial purposes by industries in interstate commerce. LI Interstate isolated waters. Explain: ssay El Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): 0 Tributary waters: linear feet width (ft). t-gym Other non -wetland waters: acres. Identify type(s) of waters: 0. Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): 0 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). P d Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: NA P' Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): TD complete the analysis refer to the key in Section II1.D.6 of the Instructional Guidebook. 1D Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA IIQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: 0.19 acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such aaffinding is required forjurisdiction (check all that apply): IJ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Hr. �ns Lakes/ponds: acres. (MJ Other non -wetland waters: acres. List type of aquatic resource: to Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): 12 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Kendall Tumage, Environmental Professionals Inc. ® Data sheets. prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. 8. Data sheets prepared by the Corps: ect ® Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NUD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:Edenton (Digital Rendetion). USDA Natural Resources Conservation Service Soil Survey. Citation:Chowan County. t {{�5, National wetlands inventory map(s). Cite name: Ld State/Local wetland inventory map(s): tx t FEMA/FIRM maps: Fel 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) + Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): E; '3 Previous determination(s). File no. and date of response letter El Applicable/supporting case law :, Applicable/supporting scientific literature: M Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: F Applicant: Carter Lumber c/o Albert File Number: SAW-2008- Date: 06/19/2008 Avanesyan 01846 Attached is:D See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. A-PP>=nL: tfro" d`s.Braa ""th rho aPPrQYcd JD, you may appeal the approvca JD under the Carps oP Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 17hN cy� I4�f f +AG4 .��p+�; �:+Qs` ''g k4t' R` . � u t �.' 9.0. A TdE�r'—�9,1 },So 4ed" S£K3�en.�.. Ft4 d h piSl CTIONIIIRI a VEST I OR�AP,PEAL AN'INI,TIA-0 or,OBJEGpTIONS,TI® PROF,I E $ D PERM a µ(Describe REASONS FOR APPEAL OR OBJECTIONS: your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may at additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. IF POINpT OF COt TACTaFORr U ST>ONSyO (ryiNF,ORIVIA-'TION "* a _ ttt,u;_, If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Mike Bell, Administrative Appeal Review Officer Attn:Josh Pelletier or Emily Jernigan CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 60 Forsyth Street, Room 9M15 27889 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Josh Pelletier and Emily Jernigan, Project Manager, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9MIS, Atlanta, Georgia 30303-8801 r _ C110b1AN County LAID TRANSFER TAX t 7,'S=00 I NC REAL PROPERTT EXCISE TAX 01.50UM Space Above This Line For Recording Data NORTH CAROLINA GENERAL WARRANTY DEED Prepared by M. H. Hood Ellis, Attorney Return to M. H. Hood Ellis, Attorney Excise Tax: $ 1,500.00 Transfer Tax: $17 500,00 North Carolina, Chowan County Tax Parcel: 7805-00.46.4211 THIS GENERAL WARRANTY DEED made this 26t° day of March, 2007, by and between Chowan Land Investments, LLC (hereinafter referred to as "Grantor"), and Carter Lumber Partnership of Indiana, whose mailing address is 601 Tallmadge Road, Kent, Ohio 44240 (hereinafter referred to as "Grantee"): WITNESSETH: That the Grantor, for a valuable consideration paid by tho Grantee, the receipt of which is hereby acknowledged, has given, granted, bargained, sold, and conveyed, and by these presents does hereby give, grant, bargain, sell, and convey unto said Grantee, Grantee's heirs, successors, administrators and assigns, all of that certain piece, parcel, or tract of land situate, lying and being in First Township, Chowan County, State of North Carolina, and being more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. Reing also the same property conveyed to Chowan Land Investments, LLC by deed dated December 9, 2003, which deed is of record in Deed Book 314, Page 253, of the Chowan County Public Registry. TO HAVE AND TO HOLD the above described lands and premises, together with all appurtenances thereunto belonging, or in any way appertaining, unto the Grantee, Grantee's heirs, successors, administrators, and assigns forever. SENT BY: 0000000000; JUN-16-08 9:16; PAGE 2 BBC M PAGE n1 AND THE SAID GRANTOR COVENANTS to and with said Grantee, Grantee's heirs, .,ccessors, administrators, and assigns, that Grantor is lawfully seized in fee simple of said lands and premises, and have Full right and power to convey the same to the Grantee in fee simple, and that said lands and premises are free from any and all encumbrances, except as set forth herein, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, with the exception of the following: Ad valorem taxes for the year 2006 and subsequent years, easements and restrictions of record, and any local, county, state, or federal laws, ordinances, or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property. IN WITNESS WffEREOF, the Grantor has duly executed and sealed this document, this the day and year first above written. CHOWAN LAND WVESTMENTS, LLC M B. Do oy, Member/Manager of ,an Inveatmadts. LLC BY: Ur (SEAL_) Robert S. Thomas, Member/Manager of Chowan Land Investments, LLC DOWDY BROTHERS, LLC, Member/Manager of Chowan Land Investmen , LLC BY: (SEAL) 'Dennis M Do dy, Membe ager of wdy Soothe C1. STATE OF COUN /CITY OF 772.,, , 17 0 I, ---ru id a Notary Public, certify that John B. Dowdy personally came before me this day and acknowled ed that he is a Member/Manager of Chowan Land investments, LLC, a North Carolina limited liability company, and that he, as Member/Manager, being authorized so to do, executed the foregoing instrument on behalf of the company. Witness my hand and official seal, this day of March. 2007. NoF Public / f131?GJSI SEAL) Printed Name: �ud,'iLi �✓w/ f�sCCA/Ex t 0r yAe; 4 ' bt .isiioi fires: z�.U9 2 SENT BY 0000000000; JUN-16-08 9:17; PAGE 3/4 4 ��E OF N e` COUNT IT'Y OF .. 375 PAGE 752 1, a Notary Public, certify that Robert S. Thomas personally came before me this day and AknowJedged that he is a Member/Manager of Chowan Land investments, LLC, a North Carolina limited liability company, and that he, as Member/Manager, being authorized so to do, executed the foregoing instrument on behalf of the company. Witness my hand and official seal, this �$ day of March, 2007. AFFIX'NCl°$, KY SEAL) GTAny.?ss. p x y.walmissjptiiexpires: 0 7 Il�sa aba.�_ ..� iu tM a Notary Public 0I � Printed Name: n/1C AydC- . (umer ......... ETA"1& OF COUNTY CITY OF %I/f dr T t, fAoy�a' a Notary Public, certify that Dennis M. Dowdy, personally came ............. before me this day and acknowle ged that he is a Member/Manager of Dowdy Brothers, LLC, a North Carolina limited liability company which is a Member/Manager of Chowan Land Investments, LLC, and that he, as a Member,/Manager, being authorized so to do, executed the foregoing instrument on behalf of the Dowdy Brothers, LLC as a Member/Manager in Chowan Land Investments, LLC. Witness my hand and official seal, thisP'rday of March, 2007. e�1t1 .ANN. a`l No&ry Public AMP) Printed Name: fu j /['Nti 1p�c/ d r tl ires: 2?2g4 3/r 2al 3 SEN-r` BY: 0000000000; JUN-16-08 9:32; PAGE 1/l WOK 375 PAGE 753 Exhibit A BEING THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN FIRST TOWNSHIP, C110WAN COUNTY, NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN ]RON PIN MARKING THE INTERSECTION OF THE WESTERN EDGE OF THE RIGHT-OF-WAY OF N.C.S.R. 1321 AND THE NORTHERN EDGE OF THE RIGHT-OF-WAY OF HAMPTON DRIVE, SAID POINT OF BEGINNING HAVING NORTH CAROLTNA STATE PLANE COORDINATES N: 855,709.245 ANT) E: 2,704,221.973 AND BEING LOCATED N 14-17-24 W 1,547.44' 1-ROM N.C.G.S. MONUMENT " VIRGINIA.,, AND RUNNING THENCE FROM SAID POINT OF BEGINNING AND ALONG AND WITH THE NORTHERN EDGE OF TI1F: RIGHT-OF-WAY OF SAID HAMPTON DRIVE THE FOLLOWING COURSES AND DISTANCES: N 75-03-37 W 78.33' TO AN IRON PIN AND S 75-22.00 W 261.12' TO AN IRON PIN MARKING A SOUTHEAST CORNER OF EDENTON HOSPITALITY GROUP, D.C. THENCE ALONG AND WITH A NORTHEASTERN PROPERTY LINE OF SAID EDENTON HOSPITALITY GROUP, LLC N 46-53-04 W 591.50' TO AN IRON PIN MARKING A NORTH CORNER OF EDENTON IOSPITALITY GROUP, LLC: IN AN EASTERN PROPERTY LINE OF WILLIFORD BARHAM FUNERAL HOME,'THENCL' ALONG AND WITII SAID EASTERN PROPERTY LINE OF WIL LIFORD BARHAM FUNERAL HOME N 16-21-25 F. 300.33' TO AN IRON PIN MARKING A NORTHEAST CORNER OF WILLIFOR.D BARHAM FUNERAL HOME IN A SOUTHERN PROPER'l'Y LINE OF .IOHN WE$LEY ROL LINS, THENCE ALONG AND WITH SOUTHERN PROPERTY LINES OF JOHN WESLEY ROLLINS AND CURTIS M. SIMONS, ET Al,. S 78-17-04 E 800.30' TO AN IRON PIN IN THE WESTERN EDGE CIF THE RTGHT-OF-WAY OF N.C.S.R. 1321,11TENCE ALONG AND WITH THE WESTERN 1'iDGE OF THE RIGHT-OF-WAY OF N.C.S.R. 1321 S 12-28-56 W 454.60' TO AN IRON PIN, AND THENCE. CONTINUING ALONG AND WITH THE WESTERN EDGE; OF THE RIGHT-OF-WAY OF N.C.S.R. 1321 AND WITH A CURV1 TO THE RIGHT HAVING A RADIUS OF 967.70' AN ARC LENGTH OF 41.51' AND A CHORD BEARING S 13-42-40 W A DISTANCE OF 41.50' TO THE POINT OF BEGINNING. CONTAINING 9.059 ACRES, MORE OR LESS, TOGETHER WITII A PRIVATE, NON-EXCLUSIVE EASEMENT OVER HAMPTON DRIVE AS SHOWN ON THE PLAT OF RECORD IN PLAT CABINET 1, SLIDE 164-D OF THE CHOWAN COUNTY PUBLIC RF.;GISTRY, TNCORPORATH.D BY REFF RF,NCE, FOR PURPOSES OF ACCESS AND UTILITIES. SAID 9.058 ACRES BEINU TRACT ONE SET FORTH 1N THE DEED DA I D DEC EMBER 9, 2003 FROM JOHNSON, DOWDY BROTHERS AND TITOMAS TO CHOWAN LAND INVESTMENTS, LLC OF RECORD IN BOOK 314, PAGE: 253 OF THE Cl-IOWAN COITNTY PUBLIC REGISTRY, TNCORPORATED BY REFERENCE FOR FURTHER DESCRIPTION ANT) CHAIN OF TITLE.