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HomeMy WebLinkAbout20110446 Ver 1_Stormwater Info_20110406'.WSPmSELLS Transportation & Infrastructure April 1, 2011 NCDENR Division of Water Quality 2321 Crabtree Blvd., Suite 250 Raleigh, North Carolina 27604 919-715-3425 Attention: Ms. Annette Lucas Reference: Permit Application Storm Water Management Plan Cottonwood Village Lincoln County, NC Dear Ms. Lucas: NORTH CAROLINA 1 28 Overhill Drive CONNECTICUT Suite 105 MASSACHUSETTS Mooresville, NC 281 17 NEW HAMPSHIRE Tel: 704.662.0100 NEW JERSEY Fax: 704.662.0 101 NEW YORK www.wspsells.com PENNSYLVANIA SOUTH CAROLINA VIRGINIA 20 1 1 0 4 4 6 On behalf of Shoreline Property Management, Inc., please find attached two copies of the Storm Water Management Plan, two copies of the calculations (soils map and USGS map), and Operations and Maintenance Agreements for the wet detention basin, one original and one copy of the Storm Water Management Permit Application, and a check in the amount of $505 for the above referenced project. In summary, the proposed subdivision will include eight lots and common open space. Six lots will be commercial/business and one lot multi-family. Phase I and 2 of the subdivision will include 785 If of roadway, storm drainage, and utilities. Once the limit 24% impervious is reached Pond 1 will be constructed. An erosion and sediment control plan is currently under review by Lincoln County Natural Resources Department. If you have any questions or require additional information, please contact us. Respectfully submitted, WSP SELLS Jonathan A. Carter, P.E. Project Manager cc: Mr. Erich Hahne, Shoreline Property Management, Inc. ug/;?iwygo 0 APR 0 6 2011 WE STLADAND TORMWATER BRANCH x State of North Carolina Department of Environment and Natural Resources 90 1 10 44 6 Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): CottonWood Village 2. Location of Project (street address): Approx. 900' West of the intersection Hwy 16 and NC 73 City: County:Lincoln Zip: 3. Directions to project (from nearest major intersection): Approx. 900' West of the intersection Hwy 16 and NC 73 DWQ USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ? Coastal SW -1995 ? Coastal SW - 2008 ? Ph II - Post Construction (select all that apply) ? Non-Coastal SW- HQW/ORW Waters ? Universal Stormwater Management Plan ? Other WQ M mt Plan: 4. Latitude:35° 26' 47" N II. PERMIT INFORMATION: Longitude:81° 00' 02" W of the main entrance to the project. 1. a. Specify whether project is (check one): ®New []Modification b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: []Not Started []Partially Completed* ? Completed* *provide a designer's certification 2. Specify the type of project (check one): []Low Density ®High Density []Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ?CAMA Major ®Sedimentation/Erosion Control: 2.28 ac of Disturbed Area ?NPDES Industrial Stormwater ®404/401 Permit: Proposed Impacts 150ft b. If any of these permits have already been acquired please provide the Project Name, Project/ Permit Number, issue date and the type of each permit:404 Permit, CottonWood Village/2010-01950, December 8, 2010 Form SWU-101 Version 07Jun2010 D APR 0 6 2011 DENR -WATERQU&P Page 1 of 6 111 U ANDSTOWMTERMWH 7 V III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/ Organization: Erich Hahne Signing Official & Title:Owner b. Contact information for person listed in item 1a above: Street Address:137 Cross Center Drive. Suite 246 City: State:NC Zip: 28972 a 8 e 3 7 Mailing Address (if applicable): City: State: Zip: Phone: (704 ) 827-9104 Email: Fax: c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ? Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ? Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ? Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/ Organization: Signing Official & Title: b. Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: ( 1 State: Zip: Fax: ( ) 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/ Organization: Signing Official & b. Contact information for person listed in item 3a above: Mailing Address: City: Phone: Email: Form SW-101 Version 07Jun2010 State: Zip: Page 2 of 7 Sta Fax: Zip: 4. Local jurisdiction for building permits: Lincoln County Point of Contact:Andrew Bryant IV. PROJECT INFORMATION Phone #: (704 ) 736-8424 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater will be treated with a wet detention basin that will be constructed prior to the site reaching 24% 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ? Approval of a Site Specific Development Plan or PUD Approval Date: ? Valid Building Permit Issued Date: ? Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ? Coastal SW -1995 ? Ph II - Post Construction 3. Stormwater runoff from this project drains to the Catawaba River basin. 4. Total Property Area: 31.66 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Hi h Water (Nline or Mean High Water (MHM line, and coastal wetlands landward from the NHW (orW line. The resultant project area is used to calculate overall percent built upon area (BUA). Non-coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 60 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Form SWU-101 Version 07Jun2010 Page 3 of 7 Basin Information Drainage Area 1 Drainage Area _ Drainage Area Drainage Area Receiving Stream Name Forney Creek Stream Class * Stream Index Number Total Drainage Area (sf) 710,323 On-site Drainage Area (so 657,320 Off-site Drainage Area (so 53,003 Proposed Impervious Area** s 409,316 % Impervious Area** total 57 Impervious" Surface Area Drainage Area 1, Drainage Area Drainage Area _ Drainage Area On-site Buildings/Lots (sf) 89,500 On-site Streets (sf) 63,775 On-site Parking (so 228,441 On-site Sidewalks (so 27,600 Other on-site (sf) Future (so Off-site (so Existing BUA*** (so Total (so: 409,316 * Stream Class and Index Number can be determined at: http.aortal.nedenr.or /wg eb/wgZps/csu/classifications Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. 'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off-site impervious area listed above determined? Provide documentation. areas were deliniated in AutoCAD Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B.0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from h!tp://portal.ncdenr.org/web/wq/ws/su/bmp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http:/ /portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms dots. I ' 'als 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M_ agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to hgp://www.envhelp.org/pages/onestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) Form SWU-101 Version 07Jun2010 Page 4 of 7 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the Ch receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/z mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/ Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/ project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. 11. A copy of the most current property deed. Deed book: 1595 Page No: 763 For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hn://www.secretary.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built-upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from htt2://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. Form SWU-101 Version 07Jun2010 Page 5 of 7 VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Tonathan Carter Consulting Firm: WSP Sells Mailing Address: 128 Overhill Drive, Suite 105 City:Mooresville State:NC Zip:28117 Phone: (704 ) 662-0100 Fax: (704 ) 662-0101 Email:jonathan.carter@wspsells.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) . certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Date: I, a Notary Public for the State of County of do hereby certify that before me this _ day of personally appeared , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission Form SWU-101 Version 07Jun2010 Page 6 of 7 X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Erich Hahne certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormw W n er 15A NCAC 21-1.1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211. Signature: Date: 12-22-- Z O/ U 1, t' a Notary Public for the State of M%fI ((?y (?1?,?, County of do hereby certify that End,- e a4t, 4 personally appeared before me this day of r7 e; ` t? , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, ( /G . P- S 0, X§ .6 O y ell ,,t?OTAi?y 9 ? N1? Comm. Exp. U rn 30282014 n PUBLIC SEAL My commission expires 3 ?g/y Form SWU-101 Version 07Jun2010 Page 7 of 7 DWQ USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ? Coastal SW -1995 ? Coastal SW - 2008 ? Ph II - Post Construction (select all that apply) ? Non-Coastal SW- HQW/ORW Waters ? Universal Stormwater Management Plan ? Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality 2 0 1 1 0 4 4 6 STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): CottonWood 2. Location of Project (street address): Approx. 900' West of the intersection Hwy 16 and NC 73 City: County:Lincoln Zip: 3. Directions to project (from nearest major intersection): Avnrox. 900' West of the intersection Hwv 16 and NC 4. Latitude:35° 26' 47" N Longitude:81° 00' 02" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New []Modification b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: []Not Started []Partially Completed* ? Completed* *provide a designer's certification 2. Specify the type of project (check one): []Low Density ®High Density []Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ?CAMA Major ®Sedimentation/Erosion Control: 2.28 ac of Disturbed Area ?NPDES Industrial Stormwater 0404/401 Permit: Proposed Impacts 150ft b. If any of these permits have already been acquired please provide the Project Name, Project/ Permit Number, issue date and the type of each permit:404 Permit CottonWood Village/2010-01950, December 8, 2010 WL!9Q5L4UW7R APR D ® 6 2011 wr ,v????ouAun Form SW-101 Version 07Jun2010 Page 1 of 6 ? NawcN III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/ Organization: Erich Hahne Signing Official & Title:Owner b. Contact information for person listed in item 1a above: Street Address:137 Cross Center Drive, Suite 246 City:, Denver State:NC Zip:2h72 O 3"7 Mailing Address (if applicable): City: State: Zip: Phone: (704 ) 827-9104 Fax: ( ) Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ? Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ? Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ? Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/ Organza Signing Official & Title:_ b. Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: ( ) Email: State: Zip: Fax: ( ) 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/ Organization: Signing Official & Title: b. Contact information for person listed in item 3a above: Mailing Address: City: Phone: ( ) Email: State: Zip: State: Fax: ( ) Form SVX-101 Version 07Jun2010 Page 2 of 7 4. Local jurisdiction for building permits: Lincoln County Point of Contact:Andrew Bryant IV. PROJECT INFORMATION Phone #: (704 ) 736-8424 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater will be treated with a wet detention basin that will be constructed prior to the site reaching; 24% imperviousness 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ? Approval of a Site Specific Development Plan or PUD Approval Date: ? Valid Building Permit Issued Date: ? Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ? Coastal SW -1995 ? Ph II - Post Construction 3. Stormwater runoff from this project drains to the Catawaba River basin. 4. Total Property Area: 31.66 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Hi h Water (Nline or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MiiK line. The resultant project area is used to calculate overall percent built upon area (B U& Non-coastal wetlands landward of the NHW (orMHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 60 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Form SWU-101 Version 07Jun2010 Page 3 of 7 Basin Information Drainage Area 1 Drainage Area _ Drainage Area _ Drainage Area Receiving Stream Name Forney Creek Stream Class * Stream Index Number Total Drainage Area (sf) 710,323 On-site Drainage Area (sf) 657,320 Off-site Drainage Area (so 53,003 Proposed Impervious Area** s 409,316 % Impervious Area** (total) 57 Impervious" Surface Area Drainage Area 1 Drainage Area _ Drainage Area _ Drainage Area On-site Buildings/Lots (sf) 89,500 On-site Streets (so 63,775 On-site Parking (so 228,441 On-site Sidewalks (sf) 27,600 Other on-site (so Future (so Off-site (so Existing BUA*** (so Total (so: 409,316 * Stream Class and Index Number can be determined at: littp://portal.ncdenr.or /zog eb/wq/ps/csu/classifications Im ervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidpewalks, gravel areas, etc. 'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off-site impervious area listed above determined? Provide documentation. areas were deliniated in AutoCAD Proiects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B.0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from h!!p://portal.ncdenr.org/web/wq/ws/su/bmp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. I ' 'als 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http:// www.envhelp.org/pages/onestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) Form MVU-101 Version 07Jun2010 Page 4 of 7 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor <J?7- the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/ Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/ project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 1595 Page No: 763 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http:/ /www.secretary.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built-upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. Form SWU-101 Version 07Jun2010 Page 5 of 7 VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer Jonathan Carter Consulting Firm: WSP Sells Mailing Address:128 Overhill Drive Suite 105 City:Mooresville State:NC Zip:28117 Phone: (704 ) 662-0100 Fax: (704 ) 662-0101 Email:jonathan.carterOwspsells.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: I, a Notary Public for the State of County of , do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission Form SWU-101 Version 07Jun2010 Page 6 of 7 X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Erich Hahne certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormw f rul er 15A NCAC 2H.1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211. Signature: Date: lz ~Z L" a ?rU I, k112 /A a Notary Public for the State of On t z& - , County of me'(; &4 Kai:{% CT, do hereby certify that 2'-1 i GG t- Zc.? f personally appeared before me this day of l Yar6-z) &, ,r C ? , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, CG ?? ?? -4 tP- 1111111 *N S O;*G My comm. EXP. w rn 3 VM14 46- q? (?t G 1co SEAL My commission expires 3?c? ?'???nfy Form SWU-101 Version 07Jun2010 Page 7 of 7 201 1044 6 Permit Number: (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, c pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ® does ? does not incorporate a vegetated filter at the outlet. This system (check one): o_ U @0 ? does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is resent. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. ap roximatel six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potential problem: How I will remediate the problem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 I Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potential problem: How I will remediate the problem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 708.00 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 709.00 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM 011 in the blanks) Sediment Removal Bottom 0 Permanent Pool Elevation 712.00 L.70700 Pe anen Pool - - - - - - - - - Volume Sediment Removal Elevation 708.00 Volume -------------------------------------------- ------ - Mm. Sediment Bottom Elevation 707.00 1-ft n Storage Sedimer Storage FOREBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Erich Hahne certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater q undfr 15A NCAC,2H .1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211. Signature: Date: ) 2 -2 1 _Z U ( v I, /Z' , a Notary Publics for the State of cyAk l?. '[lr ?., 'C do hereby certify that eri e-i .. /? hi k&/Z c'- personally County of appeared before me this,,2-/ day of Ot CG'S>! ,(Y and acknow7 ldge the due ae/xec tion of the application for a stormwater permit. Witness my hand and official seal, IK e " My corml. Exp. : 3128201 :n UBU 4RG ?GO`??'````• SEAL My commission expires 3?, J s /,--kyq Form SWU-101 Version 07Jun2010 Page 7 of 7 GROUND TECHNOLOGICAL SERVICES INC,. March 10, 2011 ATTN: Erich Hahne 73/16 Partners LLC 7781 South Little Eqypt Road Stanley, NC 28164 Re: Cottonwood Phase I Drainage Features Hwy 16 and Hwy 73 Denver, North Carolina GTSI-C201102-38 Mr. Hahne: Per your request, Ground Technological Services, Inc. (GTS preliminary subsurface exploration for the referenced site, and subsurface data accompanied by our comments and recommer. The purpose of this preliminary subsurface investigation is to regarding the subsurface conditions and to provide recommer, aspects of site preparation and foundation design. GTSI undo proposed development of the site presently is for a creek Gros GTSI obtained the subsurface information from borings in., depths throughout the reference site location. Information 1 this report is based on the preliminary project layout of the the site plan prepared by WSP-SELLS Engineering dated I GTSI. 4837 N Hwy 16 ¦ Denver, NC 28037 ¦ Phone 704-987-8? 78 s completed the in submits the general information for the geotechnical that the current d BMP #1. various distances and to the site within located by GTSI per 28, 2010. I ¦ Fax 704-987-8175 ? n -o a March 10, 2011 Cottonwood Phase 1 Drainage Features Page 2 Ground Technological Services, Inc. appreciates the oppo this phase of the project. If we can be of further service or if concerning this report, please do not hesitate to contact our o Sincerely, Ground I Gregory Balk P.E. Principle Engineer 44 SUAL * GIN 1'-(( _. i .y to assist you during have any questions GTS1 ¦ 4837 N Hwy 16 ¦ Denver, NC 28037 ¦ Phone 704-987-8378 ? Fax 704-987-8175 TABLE OF CONTENTS I Page 1.0 INTRODUCTION .........................................................................................1 2.0 PROJECT DESCRIPTION ....................................................................................................1 2.1 General ...................................................... ....................................... 1 2.2 Site Description .........................................................................1 3.0 EXPLORATION PROCEDURES .................................... ..........................................2 3.1 General ............................................ ................................2 3.2 General Subsurface Conditions ..................................................................2 3.3 Measured Groundwater Levels .......................................................................3 3.4 Measured Rock ........................................... ..................................... 3 3.5 Seismic Site Classification ......................... .:................................ 3 4.0 ENGINEERING EVALUATION AND RECOMMENDA I S .............................3 4.1 Pipe Crossing .......................................... ..............................3 4.2 BMP 41 ....................................................................................4 5.0 QUALITY CONTROL ......................................................... .......................................4 6.0 REPORT LIMITATIONS ..................................................................................................4 APPENDIX 1. Association of Soils and Foundation Engineers (ASFE) Public. ti 2. Boring Location Plan, Figure 1 3. Report of Standard Penetration Resistance Testing 4. Laboratory Testing 1 1.0 INTRODUCTION Ground Technological Services, Inc. (GTSI) has completed the subsurface geotechnical evaluation for the Phase I creek crossing and BMP Pond #1. GTSI her in submits the subsurface data accompanied by our comments and recommendations. The Appendix contains a site location map, Association of Soils and Foundation Engineers (ASFE) Publication, a boring location map, report of Standard Penetration Resistance Testing and laboratory testing. The purpose of this preliminary subsurface investigation is to obtain general information regarding the subsurface conditions and to provide recommendations for the geotechnical aspects of the proposed twin 72 inch RCPs and the soil conditions for the BM TSI understands the area is zoned for commercial building development. GTSI attempted to o tai the subsurface information from borings located across the site. This report does not include any environmental assessment of the information regarding the presence or absence of toxic or hazards Analysis Report provides preliminary environmental information There are important limitations to this and all geotechnical studies discussed in the Association of Soil and Foundation Engineers included in Appendix 1. 2.0 PROJECT DESCRIPTION 2.1 General The subject site is totally wooded with general surface drainage to t The creek parallels the northern property boundary flowing in a west easement is also located along the northern property boundary. AA, servicing a two story office building to the south on Advance Aveni the cleared limits of a dirt road. The dirt road is a 550 feet one traversing the property beginning at the southern end of an asphalt p Sundries Restaurant. 2.2 Site Description and accordingly there is no ubstances. A Limited Soil separate report. of these limitations are publication, which is >rth into an existing creek. direction. A sanitary sewer -th south sewer trunk line verses the property within cleared access dirt road ig lot south of the Midtown The subject Phase I is the easterly section of a four phase commercial development. The planned development for the Phase I will consist of four two-story office b ild ngs. Two buildings will be located on the west side and two on the east side of the planned entr ice roadway. All four buildings will front the roadway. Planned storm drainage will be directed i to the planned BMP #1. The surrounding development consists of commercial retail/office strut ur s. 3.0 EXPLORATION PROCEDURES 3.1 General Three (3) borings were advanced with a Tracked Mounted Ge pr be Drill Rig to evaluate the density of in-situ soils. Each boring was advanced with a 6" hollo stem auger. Within each boring, Standard Penetration Resistance Testing was performed in accordance with ASTM D1586-84 at desired intervals to provide an index for estimating soil strength andensity. A drive hammer point is first seated into the soil to insure that the cone is completely i e ded. The sliding 140-pound hammer is then dropped from 30 inches. The number of blows required for the sampler to advance 6-inches is recorded and the process repeated for two additional )-inch increments. The last two incremental readings are combined for the "N Value" indicated o the attached data sheet. When properly evaluated, the Standard Penetration Resistance - alue) provides an index for estimating soil strength and relative density. Typically a blow c un of 8 to 9 is approximately equivalent to 95% of Standard Proctor Moisture Density Relations STM D-698 or 3,000 pounds per square foot (psf), with generally a higher blow count indicative o higher densities. GTSI field located the borings based on a drawing provided by WS -S LLS Engineering titled Soil Boring Exhibit Sheet EX-1.0 dated 12/28/10. One boring labeled t ning basin #1 was advanced within the approximate proposed basin area to a depth of thirty fee b low existing ground surface elevation. The other two borings labeled as creek north and creek s ut were extended to a depth of twenty feet below existing ground surface elevation. The creek borings encountered seven to nine feet of clayey fill soi underlain by sandy silty soils with varying amounts of sand to termination. The BMA boring en o tered generally fine sandy silty soils with some near surface traces of clay. Within the borings, (N) Values ranged from 26 blows per foot to refusal. A more detailed description of the soi s and blow counts obtained is attached for your review. In conjunction with penetration testing, oil samples were collected and classified in the field by trained soil technicians. Soil types are indi at in the attached boring logs. 3.2 General Subsurface and Bearing Conditions Based on the plan review and field observations a sewer main is 1 cat d under the planned creek crossing structure. As previously mentioned a sewer lateral also exists south from the sewer main within the limits of the dirt road. For the proposed pipe crossing st ct re GTSI anticipates a 2500 psf bearing elevation at or near approximate elevation of 702. This elevation is located in residual fine sandy silts. Water table readings were obtained at boring Jerinination only. Due to the consistency of the soils the north side was dry and the south side re o ed at elevation 700. Water tables may be expected to fluctuate but can be considered to be at xis ing creek elevation. GTSI closed the creek crossing borings on completion due to noticeable foot traffic possibly from the restaurant. 2 The BMP boring was extended to a depth of thirty feet below e: Red/brown clayey silts were encountered in the upper five +/- mainly fine sandy silts. SaproIite or severely weathered rock saml silt was encountered from approximate elevation of 718 to be elevation of 700. GTSI understands that the elevation of the pla Laboratory testing of a sample of this soil indicated it to be Classification of ML. The sample was obtained at or near the F The results of the field exploration boring logs are summarized in stratifications presented in the soil descriptions represent our inter during the performance of the borings. The stratification lines repr between soil types. The actual transitions may be more gradual d attached report for additional detail located in the Appendix. 3.3 Measured Groundwater Levels GTSI did encounter groundwater in the creek crossing south elevation of 700. A 24 hour water table reading in the BMP#1 elevation 705. 3.4 Measured Rock GTSI did encounter (rock) or auger refusal during the crossing south location at approximate elevation of 693. 3.5 Seismic Site Classification Based on extensive site evaluations within the planned project 1615. 1.1 of the IBC (International Building Code), GTSI assigns 4.0 ENGINEERING EVALUATION AND RECOMMENDA' 4.1 Pipe Crossing For the pipe crossing structure as previously mentioned an anticipa at elevation 702. Actual bearing elevation should be verified by fie the structure. Once bearing elevation is verified a base consisting used to bed the pipe and headwall structure. Compactive effort sho of the surge stone. Upon installation of the twin 72 inch pipes the one third of their height with quarry screenings. ig ground surface elevation. The underlying soils were s black-gray and white sandy termination at approximate bottom of the BMP is 708. plastic with a Unified Soil bottom elevation. port in the Appendix. The ion of the soil encountered the approximate boundary nplied. Please refer to the at approximate recorded at approximate of the boring at the creek and according to Section s D site classification. aring elevation is assumed :ing during, excavation for urge type stone should be utilized during placement should be cradled at least 3 4.2 BMP #1 Based on the data obtained the soils within the limits of the BMP to boring termination at approximate elevation 699. Water tab] approximate elevation of 705 or three feet below the planned b GTSI would suggest the placement of a clay soil liner with a minin This would require over excavating the BMP to accommodate I alternative would be the installation of a synthetic liner. Shoulc selected, extreme care would have to be used during future maint liner. 5.0 QUALITY CONTROL We recommend establishing a comprehensive quality control pi and pipe foundation construction is conducted in accordance specifications. If required, Ground Technological Services, materials testing and inspection services. 6.0 REPORT LIMITATIONS These preliminary analyses and recommendations submitted Y obtained from the soil borings presented on the attached logs and This report does not reflect any soil variations, which may occur b Figure 1, Boring Location Plan. The nature and extent ofthe variat become evident until or during construction commences. If var characteristics of the variations should be evaluated, and it will recommendations presented in this report. This report has been prepared in accordance with generally engineering practices. In the event any changes occur in the de proposed facilities, Ground Technological Services, Inc. she conclusions and recommendations in this report. We also reco: modifications to the final design and specifications by our offic foundation recommendations are properly interpreted and implem( list of permeable sandy silts Eidings were recorded at an n of BMP at elevation 708. three feet across the bottom. ment of the clay. A second use of a synthetic liner be ice so as not to damage the i so that all site preparation the appropriate plans and )enver office, can provide are based upon the data wined loading conditions. n the borings presented on :tween the borings may not then appear evident, the cessary to re-evaluate the pted soil and foundation nature, or location of the ;view the applicability of d a review of any design ,nsure that earthwork and n the design specifications. to 4 APPENDIX 1. Association of Soil and Foundation Engineers (ASFE) 2. Boring Location Plan, Figure 1 3. Report of Standard Penetration Resistance Testing 4. Laboratory Testing Geolechnical ?,En. ineerl WOPOUPI S®ruicWM?fnrt?d felt, • elevation, configur ion location, orientation, or weight of the gosos, Perris, and PP*Cts proposed structure, Geotechnical engineers structure (half services to meet the specific needs of • composition of the desi In team, or their clients, A geotechnial engineering study conducted for a civil engi- • project ownership. veer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each Asa general rule, alwa inf rm your geotechnical engineer of project geotechnical engineering report is unique, prepared solely for the client. No changes-oven minor ones. and request an assessment of their impact. one except you should rely on your geolechnial engineering report without Geolechnical engineers ca of accept responslbOy orhaltfyy for problems first conferring with the geolechnical engineer who prepared it. And no one that occur because thell to rtsdo not consider devel'apmerits of whit It ---notemnyou-should apply the report for any purpose, or project they are not informed except the one originally contemplated. StubsuMace CO IN W Can CWM Read the f d Report A geotechnical engine ing port is based on conditions that existed at Serious problems have occurred because those relying on a geotechnical the time the study was rfo med. Do not rely ona geolechnical engineer- engineering report did not read it all. Do not rely on an executive summary, inrg repod whose adeq cy y have been affected by: the passage of Do not read selected elements only. time; by man-made eve Is, ch as construction on or adjacent to the site; or by natural events, stich as floods, earthquakes, or groundwater fluctua- k GeoWllinkid higi =ft ofht IS 10e0 00 Lions. Always contact th g technical engineer before applying the report A MOM Set of PRIM-800C Factors to determine if it is stilt lia Ie. A minor amount of additiariai letting or Georechnical engineers consider a number, of unique, project-specific fac- analysis could prevenl jor problems, tors when establishing the scope of a study. Typical factors include: the client's goals, objectives, and risk management preferences; the general Most Geotec al ndbas Are Proffessloinal nature of the structure involved, its srre, and configuration: the location of aplffl11= the structure on the site; and other planned or existingsite improvements, Site exploration identifle su surface conditions only at thosepoints vihere such as access roads, parking lots, and underground utilities. Unless the subsurface tests are con uct d or samples are taken. Geotechnlcal engi- geotechnical engineer who conducted the study specifialiv' indicates oth- neers review field and la ora ry data and then apply their professional erwise, do not rely on a geotechnical engineering report that was; judgment to render an o 'nio about subsurface:conoifions throughout the • not prepared for you, site. Actual subsurface ndl ions may differ=sometimes significantly- • not prepared for your project, from those indicated in our eppd., Retaining the geotechnical engineer • not prepared for the specific site explored, or who developed your rep t to provide construction ouservation is the • completed before important project changes were made. most effective method of ma ng the risks associated with unanticipated conditions. Typical changes that an erode the reliability of an existing geotechnical engineering report include those that affect: A Report's R motions Are Not HW • the function of the proposed structure, as when it's changed from a bo not overrely on the c str lion recommendations included in your parking garage to an office building, or from a fight industrial plant report. Thoserecommen tia sure not final, because geotechnical engi- to a refrigerated warehouse, neers develop Item prin !pall from judgment and opinion. Geotechnical engineers can finalize t irr ommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the nporrs recommendations if that engineer does not perform construction observation. A GeoteC *al nMwb* Report is. Su*ct to IVllshlterpl'iotIQ Other design team members' misinterpretation of geotechnkal engineering reports has resulted in costly problems. Lower that risk by having your geo- technical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review perti- nent elements of the design leam's plans and specifications. Contractors can also misinterpret a geotechnicat engineering report. Reduce that risk by having your geotechnical engineer'padicipate in prebid and preconstruction conferences, and by providing construction observation. Do Not Redraw the ftllil er's logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the togs included in a geolechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognize that separating logs trom the report carrelevale risk. Give ContraCtors'a Co111111ll10te Report Md. GUMOM Some owners and design professionals mistakenly, believe they ran make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give con- tractors the complete geotechnical engineering report, bafpreface it with a clearly written letter of transmittal, In that letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geolechnical engineer who prepares the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer, A prebid conference can also be valuable. Be sure conlrac- Us have sufficient Aineto perform additional study. Only then might you be in a position to give contractors the best information ava`lable to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Read Respons?lllty PrOVisla0 Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disci- plines, This lack of understanding has cleated unrealistic expectations that have led to disappoint , claims, and disputes. To help reduce the risk of such outcomes, ge ech ical engineers commonly include a variety of explanatory provision in t eir reports. Sometimes laoeled'9imitations" many of these provisi ns t dicate where geotechnical engfrteers' responsi- bilitfes begin and end, to h Ip others recognize theirown responsibilities and risks. Read these rove ions closely. Ask questions:. Your geotechnical engineer should r d f ty an espo frankly. Gooet?Vllnot?me m td Compne Are Not$overed The equipment, fechni ues, and personnel used to perform a gemnviron- menlal study differ sig 'fica tly trom.lhose used to perform a geolechnical study` For that reason, ge technical engineering report does not usually relate any geoerpiiron Ma findings, conclusions, or recommendations; e.g.; about the likeliho of countering underground storage tanks or regulated contaminant U niicipated environmental prr?blerrrs have lest to numerous project fa ur If you have not yet obtained your own geoen- vironmental informatio , as your geotechnical consultant for risk man- agement guidance. Do of r y on an environmental report prepared for someone else. DhM Prolll>sssl a Asslstamce To 00 MM Mold Diverse strategies can b ap tied during building design, construction, operation, and mainten ce prevent significant. mounts of mold from growing on indoor surf s. o be effective, all such strategies should be devised for the express rp se of mold prevention, integrated into a com- prehensive plan, and eK cute with diligent oversight by a prolessional mold prevention consultant, ecause just a small amount of water or moisture can lead to the de lopment of severe mold infestations, a num- ber of mold prevention rate ies focus on keeping building surfaces dry. While groundwater, ware inti tration, and similar issues may have been addressed as part of the of finical engineering study whose findings are conveyed in Ihis re rl, I e geolechnical engineer in charge of this project is not a mold pr enti n consultant; none of. the services per- formed !n connecdo rtrl the geolechnical engineers study were designed or co d ed for the purpose of mold preven- tion. Proper lmple to on of the recommendations conveyed In this repod will oo of f effbe sufficlent to prevent mold from growing in or an the ure involved. Re1W on Yoar-A C?ateChnc?al En ter for AS*UMW Membership in ASFEtth 6e t People on Earth exposes geotechnicaf engineers to a wide aria f rf management techniques that can be of genuine benefit for every no I volved with a construction project. Confer with you ASFE-member eote hical engineer for mere information. ASFE i'N . I I ; N BY. G ROUND COTTONWOOD MULTI-USE DEVELO M NT SCALE: N.T.S. DENVER, NC T ECHNOLOGICAL SOIL BORING LOCATION DIAG i DRAWN BY: GJB S ERVICES BMP #1 & CREEK CROSSING DATE: 3-10-11 I NC. FOR: 73/16 PARTNERS LLC j GTSI-CM201102-38 GEOTECHNICAL DRILLING RESUL ELEV. FT. DESCRIPTION BLOWS PER SIX INCHES N-VALUE 729.0 Surface WA N/A Red Brown Clayey Silt .5 720.0 710.0 700.0 Brown Silt Tan Light Tan Silt White Gray Black Fine Sandy Silt w/ Trace to Some Rock Frag 725.0 5-6-7 13 3-3-4 7 720.0 3-4-8 1 12 715.0 LL s a 3-2-2 4 710.0 3-7-9 16 11 705.0 2-4-7 1 11 1 700.0 695.0 -N 0 BLOWS VS. DEPTH 20 30 (Blows) BORING NUMBER: Retaining Basin #1 BORING TERMINATION: 699.0 DATE DRILLED: 3/3/2011 WATER TABLE AT TERMINATION: WA PROJECT NUMBER: CM 201102-38 CAVE-IN ELEVATION AT TERMINATION: 702.0 PROJECT: Cottonwo Village-Denver, NC WATER TABLE AT 24 HOURS: 705 CLIENT: Erich Hahne HIS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE CONDITIONS AT THE EXPLORATION LOCATION. SUBSURFACE CONDITIONS T OTHER LOCATIONS AND AT OTHER TIMES MAY DIFFER. INTERFACES GROUND T CH OLOGICAL SERVICES, INC. ETWEEN STRATA ARE APPROXIMATE TRANSITIONS BETWEEN STRATA MAY BE GRADUAL GEOTECHNICAL DRILLING RESUL ELEV. Fr. DESCRIPTION BLOWS PER SIX INCHES N-VALUE 712.0 Surface N/A N/A Gray Brown Clay w/ some Organics (Possible Fill) 710.0 708.0 703.0 Gray Black Sandy Silt 2-2-2 1 4 3-4-5 9 705.0 3-3-4 7 LL L Q d '90.0 698.0 10-11-15 26 White Gray Black Silt w/ Sand 695.0 693.0 Hard Rock-Refusal 50/100 Sample as Gray Silt w/ Coarse to Fine Sand 690.0 0 10 BLOWS VS. DEPTH 30 40 (Blows) 50 BORING NUMBER: Creek South BORING TERMINATION: 693.0 DATE DRILLED: 3/3/2011 WATER TABLE AT TERMINATION: 700.0 PROJECT NUMBER: CM 201102-38 CAVE-IN ELEVATION AT TERMINATION: WA PROJECT: Cottonwoo Vil age-Denver, NC WATER TABLE AT 24 HOURS: N/A CLIENT: Erich Hahne HIS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE i CONDITIONS AT THE EXPLORATION LOCATION. SUBSURFACE CONDITIONS T OTHER LOCATIONS AND AT OTHER TIMES MAY DIFFER. INTERFACES GROUND T CH OLOGICAL SERVICES, INC. BETWEEN STRATA ARE APPROXIMATE TRANSITIONS BETWEEN STRATA MAY BE GRADUAL GEOTECHNICAL DRILLING RESULTS ELEV. FT. DESCRIPTION BLOWS PER SIX INCHES N-VALUE 711.0 Surface N/A N/A Gray Brown Silty Clay w/ Sand $, Mica w/ Trace of Organics 710.0 (Possible Fill) 707.0 1-1-1 2 705.0 704.0 3-2-6 8 702.0 2-3-6 9 White Gray Black Fine Sandy Silt w/ Soft Weathered Rock r 710.0 O 697.0 6-8-9 17 White Gray Black Silt w/ Soft Weathered Rock 695.0 8-8-7 1 15 BLOWS VS. DEPTH 690.0 0 1 20 30 P negation (Blows) BORING NUMBER: Creek North BORING TERMINATION: 692.0 DATE DRILLED: 3/312011 WATER TABLE AT TERMINATION: DRY PROJECT NUMBER: CM 201102-38 CAVE-IN ELEVATION AT TERMINATION: N/A PROJECT: Cottonwoo VII ge-Denver, NC WATER TABLE AT 24 HOURS: N/A CLIENT: Erich Hahne HIS RECORD IS A REASONABLE INTERPRETATION OF SUBSURFACE CONDITIONS AT THE EXPLORATION LOCATION. SUBSURFACE CONDITIONS T OTHER LOCATIONS AND AT OTHER TIMES MAY DIFFER. INTERFACES GROUNDT CH?OLOGICAL SERVICES, INC. BETWEEN STRATA ARE APPROXIMATE TRANSITIONS BETWEEN STRATA MAY BE GRADUAL Project: Cottonwood Village Job # C201102-38 Location of Project: Rt 73 west of Rt 16 Boring # BMP Samplet 1 Description of Soil Tan Brown Silty/Sand w/ Trace of Clay Test Performed by: D.A. Fuller Date of Test: 3/7/2011 Depth of Sample 5' Litit id I imit notorminafinn Can No. NAT. MOISTURE A F D Wt. of can + wet soil 310,00 37.00 32.10 28.00 Wt. of can + d soil 252.60 31.70 28.20 31.40 Wt of can 110.00 21.00 20.80 21.10 Wt. ofd soil 142.60 10.70 7.40 10.30 Wt. of moisture 57.40 5.30 3.90 6.60 Water content, w% 40.00 50.00 60.00 70.00 No. of blows, N 27 30 17 70 60 so 40 30 0 v o I U 1 Flow index F,= 45 Liquid limit = 60 Plastic limit = 50 Plasticity index Ip= 10 PI ,u 70 zu Z5 M 40 60 80 100 No. of blows, N Plasfic I imif naforminafinn Can No_ G H 7 Wt. of can + wet soil 9.90 10.30 9.60 Wt. of can + d soil 9.70 9.70 9.20 Wt of can 8.80 8.80 7.90 Wt. ofd soil 0.90 0.90 1.30 Wt. of moisture 0.20 0.60 0.40 Water content, w% 30.00 70.00 40.00 Project: Cottonwood Village Job # C201102-38 Location of Project: Rt 73 west of Rt 16 Boring # BMP Sampl 2 Description of Soil Tan Brown Silty/Sand w/ Trace of Clay. Test Performed by: D.A. Fuller Date of Test: 3/7/2011 Depth of Sample 20' Liau.*d Limit Determination Can No. T. neoisTU G H C Wt. of can + wet soil 310.00 40.50 43.30 45.00 Wt. of can + dry soil 260.70 35.40 37.60 39.30 Wt of can 110.00 20.60 20.40 23.20 Wt. of dry soil 150.70 14.80 17.20 16.10 Wt. of moisture 49.30 5.10 5.70 5.70 Water content, w% 24.70 34.00 33.00 35.00 No. of blows, N 19 24 17 35 34 33 32 31 30 I k 0 U N 10 15 20 25 30 40 60 # 100 No. of blows, N Flow index F, = 32 Liquid limit = 32.9 Plastic limit= 29.5 Plasticity index lp = 3.4 ML Plastic Limit Determination Can No. G F C Wt. of can + wet soil 9.50 9.60 8.90 Wt. of can + dry soil 9.30 9.40 8.90 Wt of can 8.80 8.90 8.30 Wt. of dr soil 0,50 0.50 0.50 Wt. of moisture 0.20 0.20 0.10 Water content, w% 28,60 40.00 20.00 uu)314 BOOK 15 9 5 PAGE 763 LINCOLN Tuesday, June 01, 2004 01" STATE OF $1,876.00 ,%) NA Real Estate , Excise Tax 1473 Ri Excise Tax $ /9 76 . pO NORTH CAROLINA, LINCOLN COUNTY The following certificates of Margaret Ross, Notary Public of Catawba County, NC, are certified to be correct. Presented for registration and recorded June 1, 2004, at 10:55 AM in Book 1595, Page 763. ELAINE N. HARMON Register of Deeds for Lincoln County, NC BY: _ A O. OMM1I/l . X.1 Depu /Assistant Register of Deeds Tax Lot No. ,3<Z`?/ Verified by County on the day of 2003 by Mail after recording to James M. Talley, Jr., Horack, Talley, Pharr & Lowndes, 301 S College St, 2600 One Wachovis Center, Charlotte, NC 28202-6038 This instrument was prepared by James M. Talley, Jr. Brief Description for the index 10.72 Acres, North Carolina F Highway73, Lincoln County NORTIJ 9AROLINA GENERAL WARRANTY DEED THIS DEED made this day of /','2004 by and between GRANTOR John H. Reeves and Linda K. Reeves (as tenants in common), each owning a twenty-five (25%) percent undivided interest, and Gwenlo F. Gore f/k/a Gwenlo F. Williard (as a tenant in common), owning a fifty (50%) percent undivided interest, and husband, Carl E. Gore GRANTEE Shoreline Property Management, Inc. 18115 West Catawba Avenue Post Office Box 2001 Cornelius, North Carolina 28031 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Lincoln County, North Carolina and more particularly described as follows ("the Property"): See Exhibit A attached hereto and made a part hereof 793 9? For earlier instruments dealing with the Property, see Book / 2Z Page of the Lincoln County Public Registry. IF7 52-7 TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the Property in fee simple, has the right HTPL: 218147.1 BM 1595PAGE 764 to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions set forth on Exhibit B attached hereto and made a part hereof (the "Permitted Exceptions"). The interests conveyed hereby are as follows: John H. Reeves - 25% undivided interest Linda K. Reeves - 25% undivided interest Gwenlo F. Gore fka Gwenlo F. Willard - 50% interest IN WITNESS WHEREOF, the Grantors have caused thi., and year first above written. c<:2, &" LeJ -F,?a eC?rJ?t F? /Cry ??,2vc2J Gw o F. Gore f$t/a F. Williard Carl E. Gore HTPL: 218147.1 BOOK iMpaE 7 6 5 SEAL- STATE OF NORTH ARO INA STAMP COUNTY OF CCCaI!/ dl ,``R,ttYVpnillllligl/;,,?',r ;,^arv la;?E r ji'0? ,y Before me, the undersigned Notary Public in and for the County and State aforesaid, ?? .• v? = personally came John H. Reeves and acknowledged the due execution of the c : NO n?? 3 foregoing instrument in writing for the purposes therein expressed. % WITNESS my hand and notarial stamp or seal, this of day of n : f='ZI1 ?G : `v` 2004. ''` oeA COV Notary Public _ My Commission Expires: 7?? 2 - Z d0I STATE OF NORTH CjJROLI A . ?, ,; •, S •>_ COUNTY OF G'd.. (Al OL r•?°' g Before me, the undersigned Notary Public in and for the County and State aforesaid, U personally came Linda K. Reeves and acknowledged the due execution of the ?•: ??:,%? ;,_?? ,• -_9 foregoing instrument in writing for the purposes therein expressed. ... % • U '1011 WITNESS my hand and notarial stamp orI'seal, ? this day of ?'••?,,,., AKICu 2004. G2?(?i% /???• 1 Notary Public My Commission Expires: 7-.Z2 - Gds ' ?PFt?T Rp?? Q• "•• S STATE OF NORTH CAR LINA r• OUNTY OF Lc+-+a U% CA- • ?efore me, the undersigned Notary Public in and for the County and State aforesaid, ,: •4CJ U iersonally came Gwenlo F. Gore f/k/a Gwenlo F. Willard and acknowledged the due 0'•,=''' •" s execution of the foregoing instrument in writing for the purposes therein expressed. 9 ,l? \??\ WITNESS my hand and notarial stamp or seal, this z c? day of 2004. 04Notary Publi My Commission Expires: 7- iZ Z -;&LI T? ., • •?ip'>- STATE OF NORTH CjpAROL1 NA Q; •T^ • °•. S COUNTY OF C.6t fvtW/J'rk A n,? 9 Before me, the undersigned Notary Public in and for the County and State aforesaid, C / ill s? a{j s personally came Carl E. Gore and acknowledged the due execution of the foregoing z,. •, ??, instrument in writing for the purposes therein expressed. Ile, - WITNESS my hand and notarial stamp or seal, this day of 2004. otary Public My Commission Expires: - 2 Z - HTPL: 218147.1 BOOK 1595PA5E 766 The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant-Register of Deeds. HTPL: 218147.1 BOOK 15 9 5 PAGE 7 f 7 Exhibit A (10.72-Acre Parcel) Being all that certain parcel of land situated in Catawba Springs Township, Lincoln County, North Carolina and more particularly described as follows: Beginning at a found V2" solid iron, said point being S 09°00'13" W 304.89 feet from a found 2" solid iron and also being a point on the Wayne Ellis Nixon line (Deed Book 1107 Page 413), thence with the southern line of Tract 2, N 74°21'26" E 799.70 feet to a found 1" solid iron, a common corner with Lot 2 of Triangle Crossroads, LLC (Deed Book 1120 Page 397); thence S 31 '2717" W 547.71 feet to a found #4 rebar, a common corner with Lot 2 Triangle Crossroads, LLC and Lot 1 Dawal, LLC (Deed Book 975 Page 778); thence with the western line of Lot 1 Dawal, LLC S 31027'17" W547.44 feet to a found #4 rebar, being a common corner with Lot 1 Dawal, LLC and John Reeves (Deed Book 1226 Page 364), the next three courses and distances being new lines, then S 05 ° 56'20" W 229.08 feet to a #4 rebar set on the right-of-way of Advance Avenue (Undeveloped), thence with the right-of-way of Advance Avenue on a curve to the left, with a radius of 48.00 feet, having a chord of S 81 °21' 16"" W 93.38 feet to a #4 rebar set; thence leaving said right-of-way S 25°37'29" W 10.34 feet to a found 1" solid iron, a common comer with John Reeves, now or formerly (Deed Book 793 Page 289); thence with the Reeves line N 82°48'12" W 199.31 feet to a found #4 rebar on the Nancy Little line, now or formerly (Deed Book 475 Page 606); thence with the Little line N 07'l 5'00" E 573.56 feet to a found axle, a common comer with Nancy Little (Deed Book 521 Page 427); thence N 07°09"53" E (passing through a found axle 324.30 feet) a total distance of 378.81 feet to The Point and Place of Beginning. Containing 10.72 acres, more or less, as shown on a survey by Chas. H. Sells, Inc., dated April 9, 2004, the same being Job No. 036298, File Name 03629LEAGL. FriPL:221534 BOOK 15 9 5 PAGE 7 6 8 EXHIBIT R 1. Lien of 2004 ad valorem taxes. 2. All valid and enforceable covenants, conditions, easements and restrictions of record. 3. Right-of-way in favor of Duke Power Company, recorded in Book 449, Page 316, Lincoln County Public Registry. 4. Right-of-way Agreement regardingaccesstoN.C.Highway#73,recordedin Book 731, Page 561; which agreement was modified by Easement Agreement and Modification Agreement recorded in Book 945, Page 360, Lincoln County Public Registry. 5. Storm Water Drainage Easement and Rip Rap Area contained in that Easement Agreement and Modification Agreement recorded in Book 945, Page 360, Lincoln County Public Registry. 6. Deed of Easement and Right-of--way in favor of East Lincoln County Water & Sewer District, recorded in Book 948, Page 544, Lincoln County Public Registry. 7. Agreement for Access Easement and Construction, recorded in Book 1338, Page 725, Lincoln County Public Registry. 8. Subject to right-of-way for Advance Avenue as shown on plat recorded in Plat Book 11, Page 389, Lincoln County Public Registry. 221749.1 I • OW513 BOOK 15 9 "7PAGE 121 NORTH CAROLINA, LINCOLN COUNTY The following certificates of Margaret Ross, Notary Public of Catawba County, NC, are certified to be correct. Presented for registration D ulJ1J and recorded June 3, 2004, at 12:45 PM in Book -0 ? V V 'V V 1597, Page 121. OLN N% LINC Thursday, Juneo3,2004 ELAINE N. HARMON STATE OF (? /? OORTIJ ?p7?769.OV Register of Deeds for Li in County, NC M ?{?0? Real Estate ?? YMAII rit1 f BY E i T ? 0 m J : xc ax se V ? cm 14765 Deputy * Register of Deeds a,3 Excise Tax $ Z7 uo NJ ?LN Tax Lot No. _ Verified by ? County on the day of 12003 by Mail after recording to James M. Talley, Jr., Horack, Talley, Pharr & Lowndes, 301 S College St, 2600 One Wachovia Center, Charlotte, NC 28202-6038 This instrument was prepared by James M_ Talley, Jr. Brief Description for the index 4.37Acres, Highway 73 North Carolina, Lincoln County, North Carolina NO TH CAROLINA GENERAL WARRANTY DEED THIS DEED made this day of 2004, b and between GRANTOR GRANTEE Carl E. Gore and wife, Gwenlo F. Gore; and Shoreline Property Management, Inc. Bobby W. Smith and wife, Leslie H. Smith 18115 West Catawba Avenue 8269 Bright Water Lane Post Office Box 2001 Denver, North Carolina 28037 Cornelius, North Carolina 28031 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Lincoln County, North Carolina and more particularly described as follows ("the Property"): See Exhibit A attached hereto and made a part hereof For an earlier instrument dealing with the Property, see Book 1277, Page 695 of the Lincoln County Public Registry, whereby Grantor acquired the Property. TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the Property in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions set forth on Exhibit B attached hereto and made a part hereof (the "Permitted Exceptions"). IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed and delivered, the day and year first above written. Bou 15 9 7 PAGE 12 2 SEAL- STAMP ?PU.PFIET hp?? ,' t4 `e Se?y?At?y r?,°.. ,• kl_ 'f t'SF1 C03,0„`,. N?kET ?U E J B' S?AGpAET R?? \rj A CO's ++P? STATE OF NORTH CAROLINA COUNTY OF CC\.-? aul &k Before me, the undersigned Notary Public in and for the County and State aforesaid, personally came Carl E. Gore and acknowledged the due execution of the foregoing instrument in writing for the purposes therein expressed. WITNESS my hand and notarial stamp or seal, this 2 day of :1 (/'1 i' , 2004. Notary Public My Commission Expires: -7 •- A2 - 261C' S STATE OF NORTH CAR%)NA COUNTY OF ?,rA ( kok_ Before me, the undersigned Notary Public in and for the County and State aforesaid, personally came Gwenlo F. Gore and acknowledged the due execution of the foregoing instrument in writing for the purposes therein expressed. WITNESS my hand and notarial stamp or seal, this day of 2004. /? Ud Notary Public _ My Commission Expires: 7 - a-2 - ZC/UJ STATE OF NORTH CAROLINA COUNTY OF Cck i)A((/6(n Before me, the undersigned Notary Public in and for the County and State aforesaid, personally came Bobby W. Smith and acknowledged the due execution of the foregoing instrument in writing for the purposes therein expressed. WITNESS my hand and notarial stamp or seal, this t day of f (t h 2004. Notary Public My Commission Expires: 7_ aZZ - ZdaS? STATE OF NORTH CAROLIry A COUNTY OF C Ck+Ck(1 bol Before me, the undersigned Notary Public in and for the County and State aforesaid, personally came Leslie H. Smith and acknowledged the due execution of the foregoing instrument in writing for the purposes therein expressed. my hand and notarial stamp or seal, this ( day of e 2004. My Commission 1' HTPL: /221998 V I -DEED --GORES AND SMITHS TO SHORELINE -- 4.37 ACRES. DOC BOOK 15 9 7 PAGE 12 3 Exhibit A (4.37-Acre Parcel) Being all that certain parcel of land situated in Catawba Springs township, Lincoln County, North Carolina and more particularly described as follows: Beginning at a computed point in the centerline of NC HWY 73, said point being S 74 °50'59" W 273.31 from a found 1" solid iron; thence with the centerline of NC HWY 73 S 53 °48'56" E 274.77 feet to a computed point; thence leaving the centerline of said right-of-way S 10'12'04" W (passing through a computed point on the right-of-way of NC HWY 73 at 55.17 feet) a total distance of 62.84 feet to a found 1" solid iron, a common comer with Tract 1 and Lot 2 of Triangle Crossroads, LLC (Deed Book 1120 Page 397); thence with the northern line of Tract 1, S 74°21'26" W 799.70 feet to a found 1/2" solid iron, a point on the Wayne Ellis Nixon line (Deed Book 1107 Page 413); thence with Nixon line N 09°00'13" E 304.89 feet to a found 2" solid iron, a common corner with Hope Springs Builders, Inc. (Deed Book 952 Page 370) and Morrow Properties, LLC (Deed Book 1291 Page 713); thence with the Morrow Properties, LLC line N 74°50'59" E (passing through a found #4 rebar on the right-of-way of NC HWY 73 at 466.87 feet) a total distance of 530.15 feet to The Point and Place of Beginning. Containing 4.37 acres, more or less, as shown on a survey by Chas. H. Sells, Inc., dated April 9, 2004, the same being Job No. 036298, File Name 03629LEAGL. HTPL: 221534 BOOK 15 9'7 PAGE 124 EXHIBIT B Lien of 2004 ad valorem taxes. General Service Easement/Right-of-Way Agreement to Duke Powerrecorded in Book 302 at page 446, Book 449 and Page 307 and in Book 593 at Page 496, Lincoln County Public Registry. Right of Way/Easement to State Highway Commission recorded in Book 443 at page 402, Lincoln County Public Registry. 222011.1