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HomeMy WebLinkAbout20070302 Ver 1_401 Application_20070207Eco1.o~~c Engineering/Construction February 13, 2007 Cyndi Karoly, 401 Unit Supervisor 401 /Wetlands Unit NCDENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 ~.~-= ~' RE: NWP 12 Application -Carrollton Development Sewer Outfalls 1 & 2 Owner: PM Development, LLC Dear Cyndi: Please find attached a check for $200.00 along with five (5) copies of apre-construction notification (PCN) for Nationwide Permit 12 for the above referenced project. An agent authorization letter, a project overview, a letter from PM Development dated January 25, 2007 summarizing the development plans, a jurisdictional determination drawing with vicinity map, a prior issued NWP for the project, and selected drawings of the proposed site and sewer routes are enclosed with the PCN. Written concurrence from your office is requested because of planned non-compliance with conditions 6 and 15 of General Certification WQC #3374. The original PCN and enclosures have been mailed directly to John Thomas, PE of the USACE, Raleigh Regulatory Field Office. If you have questions or need further information, please call our office at (336) 335-1108. Sincerely, Ecologic Associates, P.C. Mark A. Taylor, PE Project Consultant C: Paul Williams, PM Development, LLC Harris Gupton, PE, Gupton & Associates, P.A. John Thomas, PE USACE Raleigh Regulatory Field Office Technology Serving Ecology 4321-A S. Elm-Eugene St. • Greensboro, NC 27406 (336) 335-1108 • Fax 335-3141 www ecologic-nc.com 2 0 0 i 0 J 0 2 ~~ Printed on rerycled paper. EcoLoo~c Engineering/Construction February 13, 2007 John Thomas, PE US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 2761 S 4321-A S. Elm-Eugene St. • Greensboro, NC 27406 (336) 335-1108 • Fax 335-3141 www ecologic-nc.com RE: NWP 12 Application -Carrollton Development Sewer Outfalls 1 & ~ Owner: PM Development, LLC Dear John: Enclosed you will find the pre-construction notification (PCN) for a Nationwide Permit (NWP) 12 for the referenced project for PM Development, LLC in Forsyth County, North Carolina. An agent authorization letter, a project overview, a letter from PM Development dated January 25, 2007 summarizing the development plans, a jurisdictional determination drawing with vicinity map, a prior issued NWP for the project, and selected drawings of the proposed site and sewer routes are enclosed with the PCN. If you have any questions or comments, please call us at (336) 335-1108. Sincerely, Ecologic Associates, P.C. ~~- Mark A. Taylor, PE Project Consultant Enclosures: As described in narrative above C: Paul Williams, PM Development, LLC Harris Gupton, PE, Gupton & Associates, P.A. /Cyndi Karoly, NCDENR Division of Water Quality Technology Serving Ecology +~t Printed on recycled paper. `~,~~ ~-~-~~ 2 0 3 0 2 -,~ 0 7 0 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. ~_...._~ t..+.......,... ,~~.~~..~ iiv~ a~~u~avic w uus ~rV)ecl, PledSe elller "lVOL Applicable" Or °N/A°.~ I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here:... ^ II. Applicant Information -; _, _ _ , 1. Owner/Applicant Information Name: PM Development, LLC Contact: Paul Williams Mailing Address: P.O. Box 5323 (Zip 27113) 501 Shepherd St. Winston-Salem NC 27103 Telephone Number: (336) 659-9503 Fax Number: (3361659-9504 E-mail Address: paulna,pm-development.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mark Taylor, PE Company Affiliation: EcoLo~ic Associates, P.C. Mailing Address: 4321-A S. Elm-Eugene St. Greensboro NC 27406 Telephone Number: (336) 335-1108 Fax Number: (336) 335-3141 E-mail Address: mark(a~ecolo~ic-nc.com Updated 11/1/2005 Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size.. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Carrollton Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): N.A. 3. Property Identification Number (Tax PIN): N.A. -see drawin s for parcel ID's 4. Location County: Forsyth Nearest Town: Kernersville Subdivision name (include phase/lot number): Carrollton Directions to site (include road numbers/names, landmarks, etc.): The site is located in northern Forsyth County, 3.2 miles south of Kernersville NC. The site is on the south side of Old Salem Road, approximately 0.7 mile east of Highway 66. From I-40 near the Guilford/Forsyth County line, take the Hwy 66 exit (exit 203) and go South toward High Point. Go 0.4 mile and turn right onto Old Salem Road. The site is approximately 0 7 mile on the left (south) side. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (Outfall #1): 36.0728 °N 80.0806 °W Decimal Degrees (Outfall #2): 36.0708 °N 80.0808 °W 6. Property size (acres): 400+ acres 7. Name of nearest receiving body of water: Abbott's Creek 8. River Basin: Yadkin-Pee Dee 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is a composite of several parcels in a neighborhood Updated 11/1/2005 Page 6 of 14 that consists of active farms fallow farms and residential areas. Due to the recent construction of the Interstate 40 bypass (about '/4 mile north) this area of the county is rapidly being converted from farming to a residential and commercial development area Several lame residential and commercial developments are being constructed or are planned for this area. Several portions of the proposed development are in currently managed row crop fields and older fallow fields. Some portions of the proposed development are covered with thick early successional growth of trees on what was recentl ~ logged hardwood forest The majority of the site is wooded with amedium-age stand of mixed hardwoods old pines and oak/hickorv forest tunes. There are fence rows within the forest and other indications of animal grazing and east logging disturbances The forest types along the creeks and the western floodplain edge are more mesic and include some bottomland hardwood forest and Piedmont alluvial forest mixtures. The property lies adjacent to the Abbott's Creek corridor which passes through the northwest corner flowing southwest 10. Describe the overall project in detail, including the type of equipment to be used: The initial development activity on the project will consist of the construction of two (2) sewer outfalls totaling 2,055 LF of 12" ravity sewer for OF#1 (ductile iron and vitrified clay) and 1,254 LF of 8" gravity sewer for OF#2 (ductile iron and vitrified clay) with restrained joints on DIP at stream crossings. The sewer will be S to 15 feet deep on average Conventional open trench- construction methods will be used. These are temporary impacts as the stream banks will be stabilized and the channel bottoms returned to prior grades with on ing al or similar bed materials. Future activity will include further infrastructure development plus commercial and residential development. Refer to the attached Project Overview and letter from PM Development dated January 25 2007 summarizing the development plans 11. Explain the purpose of the proposed work: To provide sanitary sewer service to Carrollton Development. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. NWP 39 issued 6/15/2006 authorizing_permanent impact to 0.033 acre of wetland on the site (Action ID # 2006 32692 2341 plus associated jurisdictional determination (documentation attachedZApplication date unknown. No mitigation required. Updated 11/1/2005 Page 7 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Yes. Additional authorizations under NWP 12 and NWP 39 are anticipated for more stream crossings by sewer outfalls and by project roads Engineering_plans for the additional crossings are incomplete. The requested authorization under NWP 12 is needed immediately so construction of the initial sewer outfalls can commence Refer to the attached Project Overview and letter from PM Development dated January 25 2007 summarizing the development plans VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Dach impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater-pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed sewer outfalls will cross Abbott's Creek (a 3`d+-order perennial stream) at two locations plus adjacent wetlands in the floodplain. The stream crossings will temporarily impact no more than 40 linear feet of stream per crossing, nor more than 40 feet of corridor width in the floodplain wetlands After pipe installation the restored banks will be compacted and stabilized with rip-rap while the channel bottoms will be restored to pre-construction condition with natural materials similar in composition to the in-situ bottoms. The disturbed floodplain corridors will be returned to pre-construction grades and seeded with herbaceous wetland vegetation or vegetation compatible with existing, adjacent wetlands. Anti-seep collars will be installed at the downstream (utility line gradient) wetland boundaries (10 feet from east stream banks) to discourage drainage of the wetlands through the sewer trench. All excess material from excavations will be discharged outside the limits of jurisdictional waters. The upstream crossing (Outfall #1) of Abbott's Creek has abank-to-bank width of 24 feet 0.022 acre max. impact). Further downstream, the second crossing (Outfall #2) has a bank-to-bank width of 26 feet (0.024 acre max. impact). Between Stations 0+00 and 4+68 along Outfall #1, a riverine, marsh wetland occurs in the floodplain of Abbott's Creek. Assuming an impact no greater than 40 feet in width, the maximum temporary impact to the wetland is 0.43 acre. Between Stations 0+00 and 2+86 along Outfall #2, the same riverine wetland occurs. Assuming an impact up to 40 feet in width, the maximum temporary impact to the wetland is 0.26 acre. Updated 11/1/2005 Page8ofl4 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Im act p Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100- ear Flood lain (es no) Distance to Nearest Stream linear feet) Area of Im act p (acres) OF1* Temporary Riverine(marsh) Yes Adjacent 0.43 OF2* Temporary Riverine (marsh) Yes Adjacent 0.26 Total Wetland Impact* (acres) 0.69 utt-stte wetlands m Abbott's Creek tloodplain (see attached utility easements) 3. List the total acreage (estimated) of all existing wetlands on the property: 1.3 AC 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Len th g linear feet) Area of Im act p (acres) OF1 UT Abbotts Ck. Temporary P 24 40 0.022 OF2 UT Abbotts Ck.. Temporary P 26 40 0.024 Total Stream Impact (by length and acreage) 80 0.046 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact acres) Total Open Water Impact (acres) 0 Updated 11/1/2005 Page 9 of 14 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.046 Wetland Impact (acres): 0.69 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.736 Total Stream Impact (linear feet): gp 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: -Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The sewer outfall routes were dictated by length, tono~raphv and right-of-wav availability, with the conventional trend of parallelin>; streams being followed. Refer to the attached overview drawing to view the outfall routes. At stream crossings, ari effort was made to cross as near to perpendicular as possible. In the case of the off-site, riverine wetlands, the impacts are unavoidable in order to access the Abbott's Creek Outfall. Updated 11/1/2005 Page 10 of 14 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. None proposed. The proposed temporary impacts are believed to result in minimal adverse effects to the acLuatic environment. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Updated 11/1/2005 Page 11 of 14 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. ,Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify 15A NCAC 2B .0250 Randleman)? Yes ~ No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Updated 11/1/2005 Page 12 of 14 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property,- Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. No mitigation is required per 15A NCAC 2B .0250 (2)(e)(i). No practical alternatives to the proposed sewer crossings exist to access the Abbott's Creek Outfall west of Abbott's Creek in a manner that would avoid or result in less adverse impact to surface waters. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Existing % impervious = 0% Proposed % impervious (maximum) = 46% ~ Development plans have not progressed to the point of determining impervious percentages This matter will be updated in the pending application for NWP 39. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The_ proposed sewer outfalls will connect to the existing Abbott's Creek Outfall west of Abbott's Creek that flows to the Lower Muddy Creek WWTP (Permit No. NC 00 50342). XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No .~ Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Regional sewer, water supply, and road systems are already in place in the project area, as are local stormwater mana>;ement requirements and caps on total impervious surface. Therefore, land parcels adjoining and in close proximity to this 400+-acre site are able to be developed independent of the project. Refer to the attached Project Overview and letter from PM Development dated January 25, 2007 summarizing the development plans. Updated 11/1/2005 Page 13 of 14 T XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated l l/1/2005 Page 14 of 14 ~~ PM ~~ DEVELOPMENT 20070302 November 16, 2006 John Thomas USACE -Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27615 RE: Ecologic Associates, P.C. Authorized Agent for Jurisdictional Waters Determinations and Permitting Carrollton - Kernersville, N.C. Dear Mr. Thomas: This letter confirms that Ecologic Associates, P.C. of Greensboro, NC is hereby authorized as an Agent to represent P.M. Development, L.L.C. during site visits to determine, confirm, delineate or otherwise assess the jurisdictional status and extent of streams, wetlands and other waters within the boundary of the above referenced project Kernersville, NC. They are also authorized to have signatory authority on any notifications or permit applications that may be required to obtain the necessary authorizations or permits to implement the project under Section 404 of the Clean Water Act. This authorization will continue until revoked by the undersigned in writing. Thank you for your cooperation, and please notify us if additional action is required. Sincerely, PM Development Paul G. Williams 501 SHEPHERD STREET, WINSTON-SALEM, NC 27103 P.O. Box 5323, WINSTON-SALEM, NC 27113 OFFICE 336.659.9503 FAx 336.659.9504 PROJECT OVERVIEW CARROLLTON DEVELOPMENT, FORSYTH CO., NC The proposed project will be a 400+-acre, mixed-use development designed in accordance with the Town of Kernersville and Forsyth County's adopted Metro Activity Center Guidelines. This Metro Activity Center is one of seven planned in Forsyth County. An Activity Center is a focal point for a diverse mix of community activities that include living, working, shopping, education, recreation, civic, cultural and spiritual activities. The goal is to create a village within the Town of Kernersville. Such a village concept allows Kernersville to create a unique high quality place versus an intrusive commercial highway strip with scattered, poorly planned residential developments. It is anticipated that this project will take 8 to 10 years to complete. The entire Metro Activity Center may take 10 to 20 years. The mixed-use element is an important part of creating an Activity Center. Community designers have found that successful activity centers have a '/4 mile radius "core area" and a '/z mile "support area". The "core area" needs to focus on businesses and high density residential, with the "support area" being high and medium density residential uses. To further support the activity center, a business park component is incorporated to create a job center for residents and support the commercial services. It is anticipated that the approximate land use make-up of each district will be: • Village Center o Commercia140% to 75% o Office 25% to 50% o Residential 20% to 50% o Public Space 5 % to 8% • Residential: Within the Village and Residential districts it is estimated that there will be approximately 1,000 housing units. o Single family 20% o Owner Occupied Multifamily 60% o Rental Multifamily 20% The goal of the Village Center is to allow for commercial and high density residential growth to create a pocket of growth versus a commercial strip. There will be commercial and high density residential development along the highway corridors, but they will be required to be designed to promote development towards the central area of the village. Careful site planning has been done to minimize impacts to jurisdictional waters and wetlands. A jurisdictional determination has been made and certified by the USACE for 258 acres of the property. Cumulative impacts have been estimated from the Master Infrastructure Plan, reviewed with John Thomas of the USACE, and will fall below thresholds established for Nationwide Permits (NWP's) authorized under Section 404 of the CWA. Mr. Thomas has stated that sequential pre-construction notifications (PCN's) may be submitted for NWP's 12 and 39, as long as cumulative impacts stay below the thresholds for an Individual Permit. 2/ 12/07 1 Ecologic ,~ Project Overview, Carrollton Development, Forsyth Co., NC Initial development will consist of sewer outfall connections to an existing regional outfall, so an immediate need exists for a NWP 12. Written concurrence and issuance of WQC #3374 is needed from DWQ because all conditions of the WQC cannot be met due to local government requirements (e.g., permanent sewer easement width). Subsequent PCN's are anticipated for another series of sewer outfalls (NWP 12) and for one stream crossing by a road (<150 LF, NWP 39). An additional stream/road crossing is anticipated in the future for a significant thoroughfare (>150 LF), but on an adjacent tract (owned by others) and likely to be requested by NCDOT. Limits on percent impervious surface are established by the Town of Kernersville for the entire development (maximum 46%), and their stormwater ordinance will also be in effect for all phases of development (Kernersville's UDO Technical Code, Chapter C -Environmental Ordinance Article III -Watershed Protection, p.333). A comprehensive stormwater management plan will be conceived during development of the master plan, then each phase will have its own stormwater plan designed to comply with the master SWMP. ~ 2/ 12/07 2 Ecologic ~~ PM ~}~ DEVELOPMENT .lanuarv 3S, 2007 ~~lark Cavlor Ecologic Ass~x:iates, P(' -1±21-:1 S. t=lm-F.u~;ene Street Grcenstx~ro, SIC 37106 RF.: Carrollton Summan• for NC'U1~'Q Ucar Mark: i1, we discussed earlier, it will be helpful if P1~1 Development (PI~9U) proyidc a summary ~it'th~ proposed construction and phasing for the entire Carrollton development. The following will attempt to explain our planning as of this point in time, understanding that the pace of constntction Wray be accelerated ur decelerated depending on the market demand for the various uses proposed. 17tc Carrollton development will be a mixed use development including rctail~comtncrEial. f3usincss Park and residential uses. The entire land mass 100+ acres) that will bc:cocnc Carrollton is hein~_ acquired and rezoned by P~Ill. Pi~lll's plan is to create an overall master plan tier the development, specifying uses allowable for general areas as shown on Attachment A. upon completing the overall mas-trr plan. P~IU then plans to develop portions of the project while selling other portions of the land to be developed b}~ others. P;viT)'s primary goal in taking the permitting steps we arc taking is to share the overall plan with the appropriate jurisdictions and enable the approval process to he a., holistic as }xassiblC. V6'r I~rel this is much better than allowing each approval process to be separately requested and pieced to~lether as has happened to so man}• larger tracts of land. in essence, we are proposing and guiding the development of a small tuw'n. ;ilthough we will nut actually br responsible for the entire project. lloweyer, despite overall master planning and approvals being desired, we recognize that additional approvals will be required as parcels are sold to bc: developed by others. Attachment !3 iderttitics areas to be developed within the general use area.,. ~Ilie planned approach t~~ phasing the development is not totally defined as ol'now. but we can clarify how we pralx,se to approach the project with the knowledge we have today. It is important to note that each phase of ccrosttuction to be defined below has its own set of storm water qualit•- and quantity plans approved b~. the town of [ternenvillc as well as its own erosion control plan to be submitted to VCUW(1. The first phase ofdevelopment wili be section TY, shown to be "Developed by Other.." This is an apartment complex within the residential land use: that is being ,cold to another company to do all earthwork. utility installation. read preparation and vertical conswctiun. The work is currently under design and will likely begin in the late spring or early summer of 2007. PMll will develop our first project which will hr lcx:ated in section V. This commercial site will be graded with primary infrstitructure installed to allow autparcels to hr soli to others. 'Cho storm water will be contained on site. ~b'e will be submitting plans for final zoning approval in February 2007, and would like to begin construction in spring or summer of 2007. 501 Snerr~eaD Stater, WtNSTOn-Such, NC 27103 P.O. liox 5323, Wtnsrow-5~u~+, NC 27113 OcFta: 336.659.9503 Fix 336.659.9504 P~~ID anticipates beginning the residential development in section I. This will be the gateway to the residential developmcnt.:1lthuugh final site planning i. nut yet underway, we do hope to begin this construction in the summer of 2007. PlVtll anticipates that the remainder of the residential section will follow. It will likely be constructed in as marry as three more ph;L,es (shown as section lt, III & IV) but will bc: determined by the market demand tier the housing iots. Currently we do not have a set date to begin, but we desire to begin planning in the next few months and begin clearing for grading in the late summer or fall of~ 2O07. However, w•e recognize that this phase could bc: delayed by planning so it could extend out further. The remainder of the development is in the retaillcommercial and business park sections. I3oth of these sections are to bc: constructed ati demand for the users presents itself: Regardless. at this paint in time P4iD plans to sell this land to others for development. PI~ID focuses on residential developmcnt and site planning so we anticipate this portion of development to be completed by others that specialize in these areas. The development of these is not likely to begin until some houses have been built. the earliest would probably bc: sections VT & V1t, and we do not exprea to see any construction until late 2UU3 or early 2(109. The developmcnt of section VIII could he at the same time or likely later depending on the demand. :~s mentioned above. P~tD is in the process of master planning the entire development. Flaving said that, please recognize that the attachments represent only proposed general land uses. Specific housing types, building locations, road ali~mments. and other tcatures will be more clearly defined with the next iteration of design. '111is primarily serves us as a picttue of what could be for the purposes of discussing the project. Please contact me with any questions to further clarih• this summary. Thant: you for your assistance. Sincerely: P~f l~evelopmcnt ,, Paul 1~L'illiams 501 Sr~~++[HD Szattr, WtrrsroN S~uun, NC 27103 P.O. f)ox 5323, WtNS~on-Suoa, NC 27113 0~¢ 336.659.9503 Fix 336.659.9504 ~. Arn~cNCnENS A ...,r~~.,__ /1 s ~r~ ~ r r.r~. A~tatN M6vT B ~v. Sr o~E~S . __:. r ~ i~ :L~-~I ~~~.De~i~1 _, U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 2006 32692 234 County: Forsyth GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: PM Development, LLC Mailing Address: 501 Shepherd Street Winston-Salem, NC 27103 Telephone No.: (336) 399-8154 Authorized Agent: Wetland and Natural Resource Consultants, Inc. Matt Blackburn Mailing Address: 115 Atwood Street, Suite 407 Sparta North Carolina 28675 Telephone No.: (828) 302-2373 Location of property (road name/number, town, etc.): Carrollton subdivision proprty located off of Old Salem Road, south of Kernersville, in Forsyth County, North Carolina. The project is located adjacent to an unnamed tributary to Abbotts Creek. ~ Site Coordinates: 36.0699 °N 80.0744 °W USGS Quad: Kernersville Waterway: Abbotts Creek River Basin: Yadkin HUC: 03040101 Description of projects area and activity (see page 2 for a summary of authorized impacts): Stormwater pond construction for new subdivision as described in your construction plan included with your application resulting in approximately 0.033 acre of wetland impacts to the jurisdictional waters of an unnamed tributary of Abbotts Creek. Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the pemuttee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., aze under construction) or are under contract to commence in reliance upon the nationwide pemut, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regaz this verifi n, any of the conditions of the Pemut, or the Corps of Engineers regulatory program, please contact John Thos at telep (919) 8~6-8441, eat 25. Corps Regulatory Date: 06/15/2006 Verification Expiration Date: 03/18/2007 Copy Furnished: agent Page 1 of 2 . r Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This prcliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ^ There aze Navigable Waters of the United States within the above described project azea 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 maybe relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project azea 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. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on (Action ID: ). Basis of Jurisdictional Determinati Stream nels on site that are tributaries to Abbotts Creek which flows into the Yadkin River and the Atlantic Ocean. Corps Regulatory Official ~ Date: 06/15/2006 Determination Expiration Date: 03/18/2007 1 Summary of Authorized Imuacts and Required Mitieation Action ID NWP / GP O en Water ac Wetland ac Unim ortant Steam 1 I ortant Stream I # # Temporary Permanent Temporary Penmanent Temporary Permanent Temporary Permanent 2006 39 0.033 32692 234 Im act Totals 0 0 0 0.033 0 0 0 0 Total Loss of Waters of the U.S. ac 0 Total Loss of Waters of the U.S. 1 0 Re uired Wetland Miti ation ac 0 Re uired Stream Miti ation 1 Additional Remarks and/or Special Permit Conditions: Page 2 of 2 ~~ WILMINGTON DISTRICT POST-CONSTRUCTION COMPLIANCE FORM Action ID Number: 2006 32692 234 County: Forsyth Permittee: PM Development, LLC Date Permit Issued: 06/15/2006 Project Manager: John Thomas Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps Of Engineers Wilmington District Raleigh Regulatory Field Office 6508 Falls Of The Neuse Road Suite 120 Raleigh, North Carolina 27615 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200632692 County: Fors h U.S.G.S. Quad: Kernersville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: PM Development. LLC Address: Carrolllton 501 Shepard Street Winston-Salem, North Carolina 27103 Telephone No.: 336 399-8154 Property description: Size (acres) 200 Nearest Town Kernersville Neazest Waterway Abbotts Creek River Basin Yadkin USGS HUC 03040101 Coordinates N 36.0699 W 80.0744 Location description Proporty located off of Old Salem Road, adjacent to unnamed tributaries of Abbotts Creek, south of Kernersville, in Forsyth County, North Carolina. Indicate Which of the Following Aunly: Based on preliminary information, there maybe 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 Part 331). 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. X There are waters of the U.S. including wetlands on the above described property subject to the pemut 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 maybe 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 tp 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 yeazs. X The waters of the U.S. including wetlands have been delineated and surveyed and aze accurately depicted on the plat signed by the Corps Regulatory Official identified below on 6/15/2006. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which aze 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 maybe relied upon for a period not to exceed five years from the date of this notification. _ 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 Washington, NC, at (252) 946-6481 to determine their requirements. Page 1 of 2 Action ID: 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 John Thomas at 919 876-8441. Basis For Determination: Stream channels on site that are tributaries to Abbotts Creek which flows into the Yadkin River and the Atlantic Ocean. Remarks: ~ Corps Regulatory Official: Date 06/15/2006 Expiration Date 06/15!2011 Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 rThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. A licant: PM Develo ment, LLC File Number: 200632692234 Date: 06/15/2006 At tached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission PROFFERED PERMIT Standard Permit or Letter of ernussion) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION ~ E . A: INITIAL PROFFERED PERMIT: You may accept "tir'66lect to the permit. ', • .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 permit • 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 terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section T1 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. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD 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. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regazding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe 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. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach 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 clazify the location of information that is ahead in the administrative record. ~... ». ., ~ If you have questions regarding this decision If you only have que t}'o regazding the appeal process you and/or the appeal process you may contact: may also contact: /"~~~~ Mr. won, Administfative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Geor 'a 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 investi ations. Date: Telephone number: Signature of appellant or a ent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 li '~ ~ •t~iAl~ e~..1' NORTH CAROLINA FORSY'PI~t COUNTY 2006052502 00016 FORSYTH CO, NC FEE 523.00 N4 TAXgBi~ COBSIDERATI0~1 ,~~, rasssrrsa a xtconasn: 08-21-2006 09:11 A~i DICKIE C ROOD asaisres or mamas By:BETTY C CAMPBELL DPTY "- BK; RE 2687 - PG;1656-1659 THIS GRANT OF EASEMENT, made this ro day of ~~~~-, 2r-~0C7 by The Haddington Gro~xp, LLC (A North Carolina Limited Liabi.~ity Company), parties of the first part, hereinafter called the Grantors, to PM Development, I,LC, of Forsyth County, North Carolina, party of the second part hereinafter called the Grantee; W I T N E S S E T H That the Grantors, in consideration of One Dollar {$1.001 and other valuable considerations to them paid by the Grantee, receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey unto the Grantee its successors and ass.i.gns, an easement of right- of-way across r_he property of the Grantors, for the construction, operation, repair, maintenance, replacement and/o r. removal by the Grantee, its agents, successors or assigns, of a sanitary sewer line, said property of the Grantors being situated in Abbotts Creek Township, Forsyth County, North Carolina, and the easement or right-of-way hereby conveyed being described as follows: Carrollton Outfall ~1. BEGINNING at a point in the common property line of lot 116 tax block 5631 now owned by The Ifaddington Group, 'LLC as recorded in Deed Book 2644 Page 3613 (Tract 1) a.nd lot 11U tax block 5631 now owned by PM Development, LLC as .recorded in Deed Boak 2452 Page 4400 in the Forsyth County Registry, said beginning point being located South 11 deg. 15 min, 18 sec. East 104.61 feet from an iron pipe, the northeastern corner of said lot 116 tax block 5631, thence from the beginning point in said common property line and running with the easement corridor South 53 deg. 35 min. 33 sec. West 341.84 feet to a'point, thence North 88 deg. 51 min. 44 sec. West 175.01 feet to wn existing sanitary sewer manhole Nn. 79, station 129+07.20 as shown on sheet A-13, Project 00162-201-018, dated December 2002, entitled "Abbotts Creek 21" Sanitary Sewer Sta. 127+50 to Sta. 139+00", prepared by HDR Engineering, Inc. o.f 'the Carolinas, Charlotte, N.C. and on file at the City of Winston-Salem .Engineering Division, Records Center at City Hall South, Winston-Salem, N.C. 'to which reference is hereby made. The property hereinabove described was acquired by Grantors by instrument recorded in DBL644 PG 3613 ~• The above described line being the centerline of a 150 foot temporary corridor which shall be refined to a permanent _30 foot sanitary sewer easement, and the- centerline of a 60 foot construction easement. The specific location of the permanent sanitary sewer easement within the corridor shall be determined w.i.th the engineering design and subsequent approval by t_he appropriate authorities. The Gr~sntor herewith conveys the Grantee the right to record the specific centerline once it is properly established. Final construction plans shall be on file in the office of Gupton & Associates, P.A., tNinston-Salem, N.C. and at the City of Winston-Salem, Records Division to which reference a.s hereby made. Also; the Grantors hereby grant to the Grantee a temporary easement or right to use s~.rch additional property of the Grantors on either or both sides of the aforesaid permanent easement or right-of-way as the Grantee, ids agents or contractors, may need in connection with the initial construction and laying of the sewer- line, provided, however, that at no point shall the combined temporary and permanent easements or rights-of-way exceed 60 feet in width. TO HAVE AND TO HOLD the aforesaid easements or rights-of-way and all privileges and appurtenances thereunto belonging, to the Grantee and its successors and assigns, including, but not limited to, the free and full right of ingress and egress over and ac.r.oss said lands and the right from time to time to cut all trees, undergrowth and other obst.r.uct~ions that in the opinion of the Grantee, its successors or assigns, may injure, endanger or interfere with the construction, operation, repair, maintenance, replacement and/or removal of said sewer lines. The permanent 30 foot easement or right-of-way hereby granted s}iall continue for so long as same is used by the Grantee, its successors or assigns for any of the purposes hereinabove set forth; the additiona]. temporary easement or right-of-way shall terminate upon completion of laying acid construction of the sewer lines. The Grantors C.ovenarrt that they are seized of the aforesaid premises in fee and have the right to convey the easements or rights-of-way hereby granted; that the same are free from enciunbrances; and that fi hey will warrant and defend said title to said easements or rights-of-way against the claims of all persons whatsoever_ The Grantors agree that the consideration hereinabove recited includes payment for any and all damage of whatsoever nature done or to be done to any structure, or to trees, crops or other vegetation within the boi.xndaries of said easements or rights-of-way in connection with the survey for. and/ar construction of said sewer lines and the Grantors agree, for themselves, their heirs and assigns, that they shall neither have nor make any claim for further damages by reason thereof. The Grantee agrees to repair any fences damaged in connection with the construction of the sewer lines. The Grantee agrees that the Grantors, their heirs and assigns, may cultivate the soil within the boundaries of said easements or rights-of-way, provided such cultivation shall not interfere with the construction, operation, repair, maintenance, replacements and/ar removal of said sewer. lines. No trees or vineyards o[ any kind shall be planted and/or cultivated, and no buildings shall be erected wiY.hn the boundaries of said easements or rights-of-way by the Grantors, their heirs or assigns. No water shall be ponded over said easements or rights-of-way by the Grantors, their heirs or assigns. l After said sewer lines have been constructed, the Grantee will pay the Grantors, their heirs or assigns, for any damage 'to their growing crops, within or without the boundaries of the said right-of-way, that may from time to Lime be caused by leaks in said sewer. lines ox by the repair, maintenance or replacement of `said sewer lines by the Grantee, its agents or employees; provided, however, that the mere existence of said sewer lines and any effects that their presence and ordinary operation may have upon the soil and/or crops within the boundaries of said easement. or right-of-way or upon the property of the Grantors outside the boundaries o.f the easement or right-of-way, or that any replacement of the lines may have upon the soil, shall not entitle the Grantors, theix heirs or assigns, the compensation for damage; provided, further, Grantors their heirs and assigns, shall not be entitled to any damages. for trees hereafter cut by Grantee, its agents or c~nployees, within the boundaries of said easement or right-of-way; compensation therefore is included in the consideration hereinbefore recited. Said sewer lines shall at a.t.l. -times be deemed personaly; it shall not become a part of the .realty through or across which it passes. It is agreed that this grant covers all the agreements between the parties and no representatives or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. 3 ~ t~ IN 'PESTIMONY Wi.EREOF, the above partnership Grantor, Limited I.:Lability Company, Limited Liability Partne.rsh.ip or Limited Liability Limited Partnership has caused this instrument to be executed i.n the appropriate company or partnership name: by its duly authorized gener:s:l partner{s), manager(SJ, or, reanaging member(s), and has adopted as its s_al tyre word "SEfl.I." aooearing bes.i.de its name, this sealed instrument l:eing executed and delivered on the date r:irsr above written. The Haddinaton Droll I.,LC (SEAL) By: NAME OF PART'NE'RSHIP, LLC, LLP OR LLLP (SEAL) Title: dy: River Bur,' ~'der~• Inc SEAL) By: Titi::: Mc: - ge (SEAL) ,r...-- _ --_ BY.- .,,`T'ip- Tit1r:.: obert Chambliss, P:r.-es ident '- -- -•------_._ -------------- -------------------------- 1 ------------ _ .ounty, NORT:i Cr?ROLIATA I certify that the following person ersonall a acknowledging to me that he voluntar-i.y signedythepforegoing docurnenthf.or the purpose stated therein and in the capacity indicated: Robert Cham'~liss I'res.i.dent a.f RIVER BIRCH BllII.,UL•"RS, INC., Member-Manaoe.r of THE 11ADDING'I'ON GROUP LLC a North Carolina Limited liability company Date: ,`~,~J.~ ......, b'],'°~~ Notary Pub i -- - (0 ~i~T,~~)~~.~9,- Name (tY, or printed) ~~~~/L~~~y"~C~zS * : ~~"1O' :'k ~ My Cr~mmission Expires: /~ ~-dtl T~ ,. G .. ------'+-- - pUBL1 ~ (~ ~: rL The .fore~~~~cate (s) of ~Ot+tanuMa*~~ is/are certified to be correct. 'I'h:is instrument and this certificate are duly registered at the date anti time and in the Book and Page shown on the first page hereof. ~RLGIS'.iER OF DEED,', FOR _ CUUNTY By. _ .Deputy/Assistant -Register. of Deeds. 1 ,~ ~cn~~- NORTH CAROLINA FORSYTH CO[JNTY aoo6o~25oa ooo~~ '~~ FO,RSYTH CO, NC FEE $23.00 '-"' NO TA1(flB1,E CONSIDERATIQN ._ p~~.xm ~ xscartnxa: Q8-21-200b 09:11 ~ ~~ DICKIE C WOOD .~'~"~~ xcstsxs~ or acaas `~ gy:HETTY C CAHPBELL DPTY "~ BK: RE 268? PG:1660_1663 THIS GRANT OF EASEMENT, made this ~ _day of The Haddington Group, LLC (A North Carolina Limited La.abili~OCompany), parties of the first part, hereinafter called the Grantors, to PM Development, LLC, of Forsyth County, North Carolina, party of the second part hereinafter called the Grantee; W I T N E S S E T$ That the Grantors, i.n consideration of One Dollar ($1.00) and other valuable considerations to them paid by the Grantee, receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey unto the Grantee its successors and assigns, an easement of, right- of-way across the property of the Grantors, for the construction, operation, repair, maintenance, replacement and/or removal by the Grantee, its agents, successors or assigns, of a sanitary sewer Line, said property of the Grantors being situated in Abbotts Creek Township, Forsyth County, North Carolina, and the easement or .right-ot-way hereby conveyed being described as follows: Carrollton Outfal'_ #2 BEGINNING at a point in the common property line of lot 116 tax block 5631. now owned by The Haddington Group, L.LC as recorded in Deed Book 2644 Page 3613 (Tract 1} and lot 11V tax block 5631 now owned by PM Development, LLC as recorded in Deed Book 2549 Page 1307 in the Forsyth County Registry, said beginning point being located South 00 deg_ 46 min. 46 sec. West 438,98 feet from an iron stake in the said common property line, said beginning point also being located North 00 deg_ 46 min. 46 sec. East 575.69 feet from the southwestern corner of said lot 11V ta:: block 5631, thence from the beq_i.nning point in the said common property Line and running with the proposers easement r..orridor South 89 deg. 50 min. 15 sec. West 451.4? feet to an existing sanitary sewer manhole No. 77, station 1'11+07.20 as shown on sheet A-.12, Project 00162-L01-018, dated December 2002, entitled "Abbotts Creek 21" Sanitary Sewer Sta. 116+00 to Sta. 127+50", prepared by HDR Engineer:i.ng, Inc. of the Carolinas, Charlotte, N.C. and on file at the City of winstgn-Salem Engineering [)ivision, Records Center at City Hall South, Winston-Salem, N.C. to which reference is hereby made. The property hereinabove described was ac<~uired by Grantors by instrument recorded in _D8 2644 PG 3613 1 ~ L The above described line being the centerline of a 1S0 foot temporary corriidor which shall be refined to a permanent 70 _foot sanitary sewer easement, and the centerline of a 50 foot construction easement. The specific location of the permanent sanitary sewer easement within the corridor shall be determined with the engineering design and subsequent approaal b appropriate authorities. The Grantor herewith conveys the Grantee the righttto record the specific center..l.ine once .it is properly established. Final construction plans shall be on file irl the office of Gupton & Associates, P.A., Winston-Salem, N,C. and at the City of Winston-Salem, Records Division to which reference is hereby made. Also, the Grantors hereby grant to the Grantee a temporary easement or right to rise such additional property of the Grantors on either o.r both sides of the aforesaid permanent easement or right-of-way as the Grantee, its agents or contractors, may need in connection with the initial construction and laying of the sewer line, provided, however, that at no poi.rit shall the combined temporary and permanent easements or rights-of-way exceed 50 width. feet in ._. TO HAVE AND TO fiOLD the aforesaid easements or rights-of-way and all privi-loges and appurtenances thereunto belonging, to the Grantee and its successors and assigns, including, but not limited to, the free and full right of ingress and egress over and across said lands and the right from time to time to cut all trees, undergrowth and other obstructions that in the opinion of the Grantee, its successors or assigns, may inure, endanger or interfere with the construct:ion, operation, repair, mrii.ntenance, replacement and/or removal of said sewer lines. The permanent 20 right-of-way hereby granted shall continue for so long as sa moo s used by the Grantee, its successors or assigns for any o:f the purposes hereinabove set forth; the additional temporary easemenT_ or right-of-way shall terminate upon completion of laying and construction of the sewer lines. T'he Grantors covenant that they are seized of the aforesaid premises in fee and have the right to convey the easements or rights-of-way hereby granted; that. the same are free from encumbrances; and that they will warrant and defend said title to said easements or rights-of-way against 'the claims of alI persons whatsoever. The Grantors agree that the consideration hereinabove recited includes payrnent for any and all damage of whatsoever nature done or to be done to any structure, or to trees, crops or other vegetation within the boundaries of said easements or rights-of-way in connection with the survey for and/or construction of said sewer lines and the Grantors agree, for themselves, their heirs and assigns, that they shall neither have nor make any claim for further damages by reason thereof. The Grantee agrees to repair any fences damaged in connection with the construction of the sewer lines. The Grantee agrees -that the Grantors, their heirs and assigns, may cultivate 'the soil within the boundaries of said easements or rights-of-way, provided such cultivation shall not .interfere with the construction, operation, repair, maintenance, replacements and/or removal of said sewer lines. No trees or vineyards of any kind shall be planted andlor cultivated, and no buildings shall be erected within the boundaries of saicl easements or rights-of-way by the Grantors, their heirs or assigns. No water shall be ponded over said easements or rights-of-way by the Grantors, their heirs or assigns. 2 ~~ After said sewer lines have been constructed, the Grantee will pay the Grantors, their heirs or assigns, for any damage to their growing crops, within or without the boundaries of the said righC-of-way, that may from time to time be caused by .leaks in said sewer lines or by the repair, maintenance or replacement of said sewer lines by the Grantee, its agents or employees; provided, however, that the mere existence of said sewer lines and any effects that. their presence and ordinary operat.i.on may have upon the soi.1. and/or crops within Che boundaries of said easement or right-of-way or upon the property of the Grantors outside the boundaries of the easement or right-of-way, or that any replacement of the lines may have upon the soil, shall not entitle the Grantors, their hei.r.s or assigns, the compensation for damage; provided, further, Grantors their heirs and assigns, shall not be entitled to any damages fo.r. trees hereafter r_ut by Grantee, its agenl-s or employees, within the boundaries of said easement or right-of-way; compensation therefore is included in the consideration hereinbefore recited. Said sewer lines shall at all times be deemed personaly; it shall not become a part of the realty through or across which it passes. It is agreed that this grant covers a.li the agreements, between the parties and no representatives cr statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement, 3 IDI TESTIMONX WHEREOF, the above Limited Liability Partnershi partnership Grantor, L.irnitc:d Liability Company, caused this instrument to be executed m ri ~ eLaabi.l..ity Limited Partnershi name by its du..i.y authorized ppropriate com an or p has general partne.rls r p y partnership member(s), and has adopted as .i.ts seal the word), nanager(s}, or name, this sealed instrument bean ~ ~ managing "SEAT.." appearing beside .its above written, g xecuted and delivered on the date first The Haddin ton Grou LLC NAME OF PARTNF;RS$IP, LLC,LLP OR LLLpS~L) By:~_ - ____ {SEAL) Title: _ By: River _ :rc' 7Bui ers, ~ -.. .__ __ Title: ~.r-Ma a~- {SEAL) By; ._ By: (SEAAL) Robert Ch mbliss U -- L) Title:~__~- resident _._`_ County, NORTH CAF,ULINA - - - T certify that the following person personally appeared before me acknowledging to me that he voluntarily signed the foregoing documenthfor dthe purpose stated therein and in the capacity irdirated: Robert ambliss Presiden of RIVER BIRCH BUILDF.,RS, INC. , Member-Manager of THE HADDINGTON GROUP LLC a DIorth Carolina limited liabili ty company Date: ~~'~s„~ .` 4: '~ • _~y% Notary Pub _.. A ~R~i~Q~~e~) : ~ : tdame (type or printed)~,~i',~YI~,•~~/~~~,~,~.~5~-~.y~ * = Pug1.~G • ;=V,~ My Commission E~cpires • .. /~j~t.-p ~ ~• J ~ • ._.~ ------------------- The fore o1°f2 NCO e+ 9 ~ +4'sau~t''±~~ficate (s ) of is/are certified to be correct. Th- trumPnt and this certificate are ds yl registered at the date and time and in the Bcok and Page shown on the first page hereof. -- REGISTER OF DEEDS FOR -- - COUNTY gy: •-- Deputy/Fssist<~nt - Register of Deeds. 1 o~ o~ ~~ 2~ L Q 0 N rn t0 O O N t0 N m 3 a `o U 0 m E m Y L w N E 0 rn a 0 m ~E i 3 i 0 0 N N d 0 O N U 0 0~. C J z ~~ PROPBmr uNE txtnR 1 nu PRnB11r s eurccf m NL tA7a06; lu RDXf-OF-0Pp3 SIRQi! NO A9Am10Rx, F ,YM [;1 9 9A3 194 3 aP ptOg10 q1 n T we01 YAY IN etDl K xim W c 0 ' 0 y y K a rr PIYtCx-IAt b~ p0[ a MOIL NOT wort u raK jolt ae pNP65pN, TI[ Baxnvrc s O~WTx~t1WT pOUpap11°/Im~fIpY1A n'~rJ. ND C Bas. 194.0 91 x 4e 08 'E e ~ ~'N°~ m o° s4e a 1 s. I x 4 4a 4y n at ax nu na R~cP ~ Au arlDNra Ws xamxrtAt ax6uo Dev4ca sl0lN000Oa a~°tlInK1 ~ nranl. 1®.0004 SURVEY REFERENCE ""D'41 H'° a \ x"4,41 azw. wrn Y Mv),Y OlO (SAlD1~g010 R/~ 1032 ° L-„ ° I w ° ~~ "' ° "'~ ;;:~_ _ "':" s .° © > ~, ~~ ~ ~ u1T 3mA r ~ wn ,~ w w °'~' t e16tx 610 f C «w EoGnoN DAu SEE ATfATCHED CHARTS FOR WGnON DATA OF WETLWD POIHrs ANO SEREAIA CEFRQt LINES, s w rs .~.. a„~, ~~.~ 5~ ~~'A ~~: t ~, d~4 ~~ w .. ~~~ ~,~ l End Prplxdd S~tr~om~. 1 I f` i a ~ ~ ~~ .. u. a~Hii~,• ` rl .wax. ~ ~ '~ 0 ~ ,~ E-~ ~ pWOf epu ( ~ r w - ~ Y Wetland ~ ~ 4r lrx IA1 h4 J . a elpat aw +.° , y~iwe Y y~~",° s,u RV~`;~o~: GRAPHIC SCALE ~1n1/% f~s B. G~Q,,nn` ` 0 130 000 1000 111111111141111 ~ .. HA~B.. OUPTON '- ~ ~ IN F'EFZT .~ ~ .. Jcaw. mt BLtef1 waE uDB1t Yr aL+etLleaL. I 1 inch ~ 500 ft. d.Prn ewM19 Mxxl `,,,,11111111, /~> ,~ ~O~'~oEESS~ y'~' / E PETAL PIPE ~~ eqm ~ S' PETAL PIPE ^a0I I ~ _ - q _~ `!w, ® txlt laT i nmc ea ~• ,^ • ,~ s e y 1;, ° ° ~ .~ ~ C Oj xw °i NR 30~ vA 1m mx ° e - ,,, ~~ a00x ew la0t alli n ~~`~ / '~. J'/ ~ 1e~ Watlandl0 J~ ~1 ~ POND 1 lwtlaadit ~~~ / J Begin 514,' / WptlaM9 andll -._ / I 4' CONCRETE FES / Via- w ,~.~, w ~1P°.$" IWtland6 , Q , ~, ~Wxtland73 ~w a ° ;? /• / SgEEFAN~ipin WM1andIJ ipc uK Ilr ~x~ .~ WI na O NY ~/ BDOf 691 / ~ 0 / ur i1lLllx \ BaOf 601 / / ~ , / /~~~~ ~aaploi ~ ~ Bpl~ ~ "~sTRFAU t .99 F 3 ~~ ~ , ~ SITE W Yl~x tAGTION YAP -NOT TO SCVE 7RACi OpNFR 0® AEFEAQM,E TAx BIDCK TAY LDT ' A PY OLYEInPNDrt,uc oe 2sm Po olv Bloat s643 rAX for stx 8 PY DBwnPNDrt,ILC oe 2516 Po ou7 BtOat la43 rAx tnr 3me C PY DEYflOPYDR,LIC D0 2527 PD 7127 BLOaf 7611 TAY lOT 706 D PN DE11:1.OPYENil1,C OB 2541 PO 1902 BIOCK 7613 TAx LOT 307 E PY Ofl1DOPYFXf,II.C DB 2731 Po IIaO BIDCK~3613 TAX LOT 490 F PN Ofl4iDPLIDf1Alt DB 2731 Po 1162 BLOpf 7643 TAX 1,91 49E 0 PN OEYOAPYD'R,LLC OB 2731 PD 1171 BlDat 6647 TAY LOT 19C H PY OEr110PND/T,LLC OB 7331 Po 7166 BIDCK 6613 TAx lOT 314 1 PY DELFIOPNEN1,lJL DB 2571 Po 0632 BLOaf 3631 TAx lm 12! J P4 DflSJ.OP4011,I1L DB 2541 Po 1969 BLOCK 1631 TAx LOf 06x K PN DflflDPYDIT,IIG 06 7531 Po 116! BLOIX x679 TAX LOT 311 L PIJ DE1flOPAlEN1,lI.C OB 2472 PC 4100 BLOCK 5631 TAx LOT 11U 1 Y P4 06197aPYFM,LIt OB 2162 Pc 4100 BLOCK 6631 TAY LOi 117 ' X PN 0l7410PNEN1,Lll DB 7349 PO 1307 Bloat 8631 TAx LOT 11Y o PY oee3nPAlBxr,ILC oe 7974 Po n3s rAx Lar 12a P PN OE~f1DPND(1,L1G OB 2637 Po ]667 BLOat 6eJl TAY lAT I10 0 PY DEYFIAPYDO'JJG OB 7369 PO 3201 BLOCK SeJi TAx LOT 11K,11H R PN Dflh2DPYDR,ILC D0 2637 Po 3667 BLOCK 1631 TAx lm 11E ! PN DLYflDPNENT,l1C 06 2616 Po 4116 BIOCN 1613 TAx LOT 52E TOTAL AREA a 258,142 ACRESt vxlm «D puxx eau - n w $ _ ~ ,y41 ° P g w.,x, ~ I ~ ~~ w aWe w IewWI11[ narwwun[ r - - un nw®a1w • r ~laA S a 0 ~ e.o11e1 in b wlr a nxeelmeolxx.n \4' NETAL PIPE ~~ ~ ~~ ~~~ OLD SALEM ROAD/HWY 66 METRO ACTMTY CENTER TOWN OF KERNERSVILLE ABBOTTS CREEK TOWNSHIP, FORSYiH COUNTY, N. C. OWNER: PM DEVELOPMENT LLC WHEN THFRE NAY BE UPIAND WT04N THE DBPICIID JuwsoK:TloNU. eouNOAJm , 'Thh oaxaM tMt 9de app? d Bxx plat NenOaa a d q O WINSIINY-SLLEAI, N.C. 17111 (138)784-7991 ntla e a anax of .Nlmde nt9ub4d Peat to ~~ ~ P.O. BOX 3311 la a nlr aal watw Rat a, awmhll.d tw me anaw,l9a.a an Nx dalx. Unlw lhen h a aMnge GI tlu k' w av o N CONSULTAN]! QUPTON & ASSOCIATES P o pudh6ed 1equlglWn, tl1Y ddxminallan d 3eetlon 104 JudaWa0a1 may Da lded upon Nr a not to alaed ~ TM~ '°' ~ ~ W ~ o ,1 o„w, W 1 7 ENCINE7:RS - PLWNERS - SURVE"ri7RS 1100 SILLS CREIX PNW1; YawaLe Rlplohq DI6dd ~ 2 ~ SUI/E 1-B N7NSRNJ-SA1EA/, NOR1H CAROUN4 177173 ~ ~ '1 TE7FPHONE: 9 B 6 ~ ~ } fAX: (JJ 7B 1411 /) n ~ U5R Aikn 0 ~L~ V ' 'L.[~ 7 SUEY 8Y: GUPTON AND ASSOCIATES I"` I~Lt~:4/25/2006 a~.e,. w W 0 q N w CC 0 6 w x x C7 ~~ O ~ ~ a~ ~ ~ "'°~ O ~ SITE _ ~ M w~[ Z todrpn rr/ - nor m aut ~,_ „f, \ , -- W l~ (eo . 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