20201903 Ver 1_Site plan - IMPACT update_20210329

Strickland, Bev
From: Perry Isner <[e-mail]>
Sent: Monday, March 29, 2021 4:19 PM
To: Johnson, Alan
Subject: [External] Fwd: SAW-2019-01341: Annesborough Park (Comments/ Clarifications0
Attachments: Annsborough_addinfo.pdf
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Alan, forwarding to you for your information. Let me know if you have any questions.
Forwarded message
From: Perry Isner <perryisnergwetlands-waters.com>
Date: Mon, Mar 29, 2021 at 3:50 PM
Subject: Re: SAW-2019-01341: Annesborough Park (Comments/ Clarifications0
To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <[e-mail]>
Good afternoon Krysta, hope you are well. Below in red are responses to your questions regarding the Annsborough
project.
1. On the PCN that you submitted on 02/16/2021 the impacts as described are puzzling. Please clarify.
a. On impact (W1) you have indicated "fill" for a headwater wetland, under the RID that was verified there are
several wetlands on -site please clarify which one the 'fill of 0.016" will be placed Wetland 200 (see attached
plans with markups)
b. On impact (W2) you have indicated a Open -Cut Sewer action, but also have not identified which Wetland this
will occur in, please clarify Wetland 1000 (see attached plans with markups)
c. On Permanent impacts of (S1)- 84 LF ( What stream?), (S3) — 82 LF (what stream), (S5) — 75 LF (what
stream) for the emplacement of culverts S1-Tributary 2, S3-Tributary 1, 55-Tributary 1-1 (see attached plans
with markups)
d. On the permanent impacts of (S2)- 10 LF, (what stream), (54)- 10 LF (What stream), (S6)- 10 LF (What
stream?) *** in addition on your notes you have indicated that these impacts will be temporary due to
utilization of cofferdams, and pump -around systems during construction, as well as the Rip -Rap being
pressed into the streambed at the current grade. (There is a mismatch of information, are these going to be
permanent or temporary impacts?) (where will these impacts take place?) In addition, you have indicated
that this is a phased project, and have not indicated where impact (S4) will take place. (Please clarify) S2-
Tributary 2, S4-Tributary 1, S6-Tributary 1-1. These impacts are proposed for riprap dissipators and are
permanent, but will be pressed into the streambed at current grade. There compensatory mitigation is
not proposed for these. I have included an additional impact table for the temporary pump -around
impacts to correspond with each proposed crossing, with those labeled S7-Tributary 2, S8-Tributary 1, and
S9-Tributary 1-1. These are for construction purposes only and will be removed following
construction. (see attached plans with markups)
e. For a phased project please separate out the mitigation that M/I Homes proposes for each Phase, both in
Wetlands/Stream Credits. (see below).
AKA (Phase 1— impacts of Wetlands — (ratio of 2:1) with credits total
(Phase 1) — Impacts of LF to Streams (Ratio proposed) With credits sought from the in -
lieu fee DMS program
(Phase 11) Impacts of wetlands — (ratio of XX : X) with credits total
i

(Phase 11) Impacts of LF to Stream (Ratio Proposed) with credits total *** as well as expected
timeline for the proposed construction
2. On your avoidance and minimization measures, you have indicated that the majority of wetlands have been
avoided and the small amount of fill that has been proposed , 1 assume the permanent fill of 0.016 acres — is for a
Residential lot? Can the development continue without the fill for an additional housing pad? (this would make
the impacts zero for wetlands) This proposed impact is associated with a fill slope partially to support lot 76
and partially to support storm sewer infrastructure between lots 75 and 76. The removal of lot 76 would not
eliminate the need for this impact however as the storm sewer infrastructure is reliant on gravity and
necessitates the need for this impact.
3. Impact (55) you have a mitigation ratio of (1:1) due to Low NCSAM Score, where is the NCSAM Spreadsheet that
would backup this request? (USACE typically in the past has only gone to a 1:1 ratio for conversion impacts, PFO
to PEM, ETC), Would the client be willing to go (1.5 :1) on this impact? NCSAM Spreadsheet is attached. The
applicant understands that the Corps does not typically utilize a 1:1 ratio, however there have been certain
instances where the Corps has agreed to 1:1 ratio or less given the low quality existing conditions. This
stream channel is extremely degraded due to previous agricultural activities, and is now overgrown almost
entirely with invasive species (kudzu). Additionally, the applicant has designed the crossing to occur at the
uppermost portion of this stream channel such that impacts to aquatic life passage are minimized. The
applicant is willing to forego phased mitigation and pay the entirety of the mitigation payment upfront if a 1:1
ratio is accepted. This would likely result in a temporal gain as the payment could be utilized to immediately
begin stream restoration efforts before these impacts are scheduled to occur during the last phase of the
project. Additionally, we have been made aware that a private mitigation bank within the subject watershed
has stream credits available. We are currently pursuing utilizing the private bank rather than DMS pending
Corps approval and will provide correspondence to that effect.
4. Please be aware of the local ordinances of the County of Cabarrus for Buffer requirements on streams. Noted.
5. NCSHPO, Section 106 HPA, 1 have begun an informal consultation with the NCSHPO in regards to the historic
Structure located less than 'z mile from the proposed development over concerns of a "viewshed "analysis. 1 was
unable to find a statement from NCSHPO declaring concurrence. Any update on this?
6. If possible can you re -send the attachment for the agreement between M/l Homes and the Town of Concord ?
(the email that was dated March 22,2021?) The PDF is showing an error and text mismatch when 1 go to open it.
I resent the information you are referring to, although it wasn't the development agreement. Attached is the
development agreement that shows this to be a Capital Improvement Project. The referenced plans are
outdated and show a previous contemplation of the project, however the agreement remains the same.
Attached are revised plans indicating the changes noted above, as well as revised PCN impact tables, the NCSAM
spreadsheet, and the development agreement. Don't hesitate to let me know if you have any questions about this
information.
On Tue, Mar 23, 2021 at 8:56 PM Perry Isner <[e-mail]> wrote:
Krysta, thanks for the comments. I will address and get a response back to you as soon as possible.
Regarding the document from yesterday, it actually wasn't the agreement but related to the new NWP 58. Did
you try opening it on a mobile device or desktop? Also seems like some of the information from the original
PCN may not have come through (there should have been an NC SAM form included for instance).
Re -attaching the pdf from yesterday, let me know if this version doesn't work. Thanks,
On Tue, Mar 23, 2021 at 3:58 PM Stygar, KRYSTYNKA B CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Perry,
2

Good afternoon, I was awaiting the agreement that M/I Homes came to with the Town of Concord in relation
to this project before reviewing the submittal for the NWP 29. I have a few additional questions that need
clarification before I can verify this NWP.
1. On the PCN that you submitted on 02/16/2021 the impacts as described are puzzling. Please clarify.
a. On impact (W1) you have indicated "fill" for a headwater wetland, under the PJD that was verified
there are several wetlands on -site please clarify which one the "fill of 0.016" will be placed
b. On impact (W2) you have indicated a Open -Cut Sewer action, but also have not identified which
Wetland this will occur in, please clarify
c. On Permanent impacts of (S1)- 84 LF ( What stream?) , (S3) — 82 LF (what stream) , (S5) — 75 LF
(what stream) for the emplacement of culverts
d. On the permanent impacts of (S2)- 10 LF, (what stream), (S4)- 10 LF (What stream), (S6)- 10 LF
(What stream?) * * * in addition on your notes you have indicated that these impacts will be
temporary due to utilization of cofferdams, and pump -around systems during construction, as well
as the Rip -Rap being pressed into the streambed at the current grade. (There is a mismatch of
information, are these going to be permanent or temporary impacts?) (where will these impacts
take place?) In addition, you have indicated that this is a phased project, and have not indicated
where impact (S4) will take place. (Please clarify)
e. For a phased project please separate out the mitigation that M/I Homes proposes for each Phase,
both in Wetlands/ Stream Credits.
AKA (Phase 1 — impacts of Wetlands — (ratio of 2:1) with credits total
(Phase 1) — Impacts of LF to Streams (Ratio proposed) With
from the in -lieu fee DMS program
(Phase II) Impacts of wetlands — (ratio of XX : X) with
(Phase II) Impacts of LF to Stream (Ratio Proposed) with
expected timeline for the proposed construction
credits total
credits sought
credits total * * * as well as
2. On your avoidance and minimization measures, you have indicated that the majority of wetlands have
been avoided and the small amount of fill that has been proposed , I assume the permanent fill of
0.016 acres — is for a Residential lot? Can the development continue without the fill for an additional
housing pad? (this would make the impacts zero for wetlands)
3. Impact (s5) you have a mitigation ratio of (1:1) due to Low NCSAM Score, where is the NCSAM
Spreadsheet that would backup this request? (USACE typically in the past has only gone to a 1:1 ratio
for conversion impacts, PFO to PEM, ETC), Would the client be willing to go (1.5 :1) on this impact?
4. Please be aware of the local ordinances of the County of Cabarrus for Buffer requirements on streams.
5. NCSHPO, Section 106 HPA, I have begun an informal consultation with the NC SHPO in regards to
the historic Structure located less than %2 mile from the proposed development over concerns of a
"viewshed " analysis. I was unable to find a statement from NCSHPO declaring concurrence.
6. If possible can you re -send the attachment for the agreement between M/I Homes and the Town of
Concord ? (the email that was dated March 22,2021?) The PDF is showing an error and text mismatch
when I go to open it.
3

I will place the file in an admin hold until receiving a response from you in regards to this. I want to give a
heads up that I will be heading into maternity leave in about 3 weeks, so the quicker the turn -around,
hopefully I can process this NWP and close-out the action.
Regards
Krysta
Krystynka B. Stygar
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Charlotte Field Office
Mobile : [phone]
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our
customers. We would appreciate your feedback on how we are performing our duties. Our automated
Customer Service Survey is located at: Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
<Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
Perry Isner
Wetlands & Waters, inc.
328 East Broad St. Suite D
Statesville, NC 28677
4

704.773.4239
[e-mail]
Wt
WETLANDS
WATERS
The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the
individual or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified
that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately
notify us by return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message.
Thank you for your cooperation and consideration.
Perry Isner
Wetlands & Waters, inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
[e-mail]
'WETLANDS
+1. -1St WATERS
The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual
or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any
dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by
return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for
your cooperation and consideration.
5

Perry Isner
Wetlands & Waters, inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
[e-mail]
JW
ETLANDS
WATERS
The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual
or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any
dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by
return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for
your cooperation and consideration.
6

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C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below
for your project (check all that apply):
❑ Buffers
Construction
0/ Wetlands 0/ Streams - tributaries
❑ Open Waters ❑ Pond
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number —
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404, other)
2f.
Area of impact
(acres)
Fill
Headwater
wetland
(WL 200)
0.016
�I Yes
0 Corps
W1 /1 P ❑ T
❑ No
❑ DWQ
Sanitary Sewer
open -cut
Bottomland
Hardwood Forest
(WL 1000)
0.25
/1 Yes
/1 Corps
W2 ❑ P /1 T
❑ No
❑DWQ
W3 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W5 ❑ P ❑ T
Yes
❑ No
Corps
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
2g. Total wetland impacts
0.266
2h. Comments: Temporary sewer impacts to be restored to previous contours and seeded with native riparian seed mixture
folowing construction.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number -
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
Culvert
UT to Rocky River
(Tributary 2)
' PER
0Corps
4
84
Si /1 P ❑ T
❑ INT
❑ DWQ
Riprap inlet/outlet
UT to Rocky River
(Tributary 2)
/1 PER
i1 Corps
4
10
S2 /1 P ❑ T
❑ INT
❑ DWQ
Culvert
UT to Rocky River
(Tributary 1)
/1 PER
i1 Corps
6
82
S3 /1 P ❑ T
❑ INT
❑ DWQ
Riprap inlet/outlet
UT to Rocky River
(Tributary 1)
/1 PER
0 Corps
6
10
S4 /1 P ❑ T
❑ INT
❑ DWQ
Culvert
UT to Rocky River
(Tributary 1-1)
❑ PER
i1 Corps
2
75
S5 /1 P ❑ T
❑ DWQ
' INT
Riprap inlet/outlet
UT to Rocky River
(Tributary 1-1)
PER❑
0 Corps
2
24
S6 V P ❑ T
❑ DWQ
/1 INT
3h. Total stream and tributary impacts
285
3i. Comments: Proposed permanent impacts to —0.026 acres of streams. Each culvert crossing will have —10 LF of temporary
impacts in order to utilize cofferdams and pump -around during construction. Riprap will be pressed into the stream bed at the
current grade.
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections
❑ Wetlands
❑ Open Waters
were completed below
for your project (check all that apply):
❑ Buffers
Construction
0/ Streams - tributaries
❑ Pond
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number —
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404, other)
2f.
Area of impact
(acres)
W1 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number -
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
Pump -around
UT to Rocky River
(Tributary 2)
/1 PER
/1 Corps
4
10
S7 ❑ P /1 T
❑ INT
❑ DWQ
Pump around
UT to Rocky River
(Tributary 1)
/1 PER
/1 Corps
6
10
S8 /1 P /1 T
❑ INT
❑ DWQ
Pump -around
UT to Rocky River
(Tributary 1-1)
❑PER
0Corps
2
10
S9 ❑ P /1 T
❑ DWQ
' INT
❑P❑T
❑PER
❑ INT
❑Corps
❑ DWQ
❑P❑T
❑PER
❑ INT
❑Corps
❑ DWQ
❑P❑T
❑PER
❑ INT
❑Corps
❑ DWQ
3h. Total stream and tributary impacts
30
3i. Comments: Proposed permanent impacts to —0.026 acres of streams. Each culvert crossing will have —10 LF of temporary
impacts in order to utilize cofferdams and pump -around during construction. Riprap will be pressed into the stream bed at the
current grade.
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

NC SAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 2.1
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Annsborough Park 2. Date of evaluation: 01/25/21
3. Applicant/owner name:
5. County:
7. River basin:
M/I Homes
Cabarrus
Yadkin-PeeDee
8. Site coordinates (decimal degrees, at lower end of assessment reach):
4. Assessor name/organization:
6. Nearest named water body
on USGS 7.5-minute quad:
35.42215 -80.72056
P. Inner, C. Huysman
Rocky River
STREAM INFORMATION: (depth and width can be approximations)
Trib 1-1 (Impact
9. Site number (show on attached map): S5,S6) 10. Length of assessment reach evaluated (feet): 125
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.5 ['Unable to assess channel depth.
12. Channel width at top of bank (feet): 2 13. Is assessment reach a swamp steam? ['Yes ❑No
14. Feature type: ['Perennial flow ®Intermittent flow ['Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (I)
16. Estimated geomorphic
valley shape (skip for
Tidal Marsh Stream):
17. Watershed size: (skip
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated?
['Section 10 water
['Essential Fish Habitat
['Publicly owned property
❑Anadromous fish
❑A ®B
(more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
❑ Outer Coastal Plain (0)
®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mi2) ❑Size 3 (0.5 to < 5 mi2) ❑Size 4 (>_ 5 mil)
®Yes No If Yes, check all that apply to the assessment area.
['Classified Trout Waters
❑Primary Nursery Area
NCDWR Riparian buffer rule in effect
❑303(d) List
❑ Water Supply Watershed (❑I ❑II ❑III ['IV ❑V)
❑ High Quality Waters/Outstanding Resource Waters
['Nutrient Sensitive Waters
ECAMA Area of Environmental Concern (AEC)
['Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
['Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? Yes No
1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
®A Water throughout assessment reach.
❑ B No flow, water in pools only.
❑ C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
❑ A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B NotA
3. Feature Pattern - assessment reach metric
❑ A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
®B NotA
4. Feature Longitudinal Profile - assessment reach metric
®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
❑ B NotA
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
❑ A < 10% of channel unstable
❑ B 10 to 25% of channel unstable
®C > 25% of channel unstable

6. Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
❑ A ❑A Little or no evidence of conditions that adversely affect reference interaction
❑ B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
®C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
7. Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑ A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
❑ B Excessive sedimentation (burying of stream features or intertidal zone)
❑ C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
ED Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
❑ F Livestock with access to stream or intertidal zone
❑ G Excessive algae in stream or intertidal zone
❑ H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
❑ I Other: (explain in "Notes/Sketch" section)
®J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
EA Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
®C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑ Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach)
❑ A Multiple aquatic macrophytes and aquatic mosses
(include liverworts, lichens, and algal mats)
❑ B Multiple sticks and/or leaf packs and/or emergent
vegetation
❑ C Multiple snags and logs (including lap trees)
❑ D 5% undercut banks and/or root mats and/or roots
in banks extend to the normal wetted perimeter
E Little or no habitat
Check for Tidal
5
a
iq
(skip for Size 4 Coastal Plain streams)
❑F 5% oysters or other natural hard bottoms
❑G Submerged aquatic vegetation
❑H Low -tide refugia (pools)
01 Sand bottom
❑J 5% vertical bank along the marsh
❑K Little or no habitat
*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a.
11 b.
11 c.
❑ Yes No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
Bedform evaluated. Check the appropriate box(es).
A Riffle -run section (evaluate 11c)
❑ B Pool -glide section (evaluate 11d)
❑ C Natural bedform absent (skip to Metric 12, Aquatic Life)
In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
® ❑ ❑ ❑ ❑
❑ ❑ ® ❑ ❑
❑ ❑ ® ❑ ❑
® ❑ ❑ ❑ ❑
Bedrock/saprolite
Boulder (256 — 4096 mm)
Cobble (64 — 256 mm)
Gravel (2 — 64 mm)
Sand (.062 — 2 mm)
Silt/clay (< 0.062 mm)
Detritus
Artificial (rip -rap, concrete, etc.)
11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)

12. Aquatic Life - assessment reach metric (skip for Tidal Marsh Streams)
12a. ®Yes No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ❑No Water ['Other:
12b. Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
❑ ❑Adult frogs
❑ Aquatic reptiles
❑ Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
❑ ['Beetles
❑ ❑Caddisfly larvae (T)
❑ ['Asian clam (Corbicula)
❑ ['Crustacean (isopod/amphipod/crayfish/shrimp)
❑ ['Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ ['Mayfly larvae (E)
❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ ['Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ ['Other fish
❑ ❑Salamanders/tadpoles
❑ ❑Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
❑ ❑Worms/leeches
13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area
®B ®B Moderate alteration to water storage capacity over a majority of the streamside area
❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep
❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
®C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
❑ Y ❑Y Are wetlands present in the streamside area?
®N ®N
16. Baseflow Contributors - assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
❑A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
❑E Stream bed or bank soil reduced (dig through deposited sediment if present)
® F None of the above
17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
❑C Urban stream (>- 24% impervious surface for watershed)
❑ D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
®F None of the above
18. Shading - assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
®A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
❑B Degraded (example: scattered trees)
❑C Stream shading is gone or largely absent

19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated
LB RB
®A ®A
❑ B ❑B
❑ C ❑C
❑D ❑D
❑ E ❑E
Wooded
LB RB
❑A ❑A
❑ B ❑B
®C ❑C
❑ D ®D
❑ E ❑E
20. Buffer Structure
Consider for left
LB RB
❑A ❑A
®B ®B
❑ C ❑C
❑D ❑D
❑ E ❑E
>_ 100 feet wide or extends to the edge of the watershed
From 50 to < 100 feet wide
From 30 to < 50 feet wide
From 10 to < 30 feet wide
< 10 feet wide or no trees
— streamside area metric (skip for Tidal Marsh Streams)
bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
Mature forest
Non -mature woody vegetation or modified vegetation structure
Herbaceous vegetation with or without a strip of trees < 10 feet wide
Maintained shrubs
Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
❑A ❑A ❑A ❑A ❑A ❑A
❑B ❑B ❑B ❑B ❑B ❑B
❑C ❑C ❑C ❑C ❑C ❑C
❑ D ❑D ❑D ❑D ❑D ❑D
Row crops
Maintained turf
Pasture (no livestock)/commercial horticulture
Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
ZA ZA Medium to high stem density
❑ B ❑B Low stem density
❑ C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
ZA ®A The total length of buffer breaks is < 25 percent.
❑ B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑ C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
❑ A ❑A
❑ B ❑B
®C ®C
Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity — assessment reach metric (skip for all Coastal Plain streams)
25a. ❑Yes No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A <46 ❑B 46 to < 67 ❑C 67to<79 ❑D 79to<230 ❑E >_230
Notes/Sketch:

Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Annsborough Park Date of Assessment 01/25/21
Stream Category Pb1 Assessor Name/Organization P. Isner, C. Huysman
Notes of Field Assessment Form (Y/N)
Presence of regulatory considerations (Y/N)
Additional stream information/supplementary measurements included (Y/N)
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
NO
NO
NO
Intermittent
USACE/ NCDWR
Function Class Rating Summary All Streams Intermittent
(1) Hydrology LOW LOW
(2) Baseflow HIGH HIGH
(2) Flood Flow LOW LOW
(3) Streamside Area Attenuation LOW LOW
(4) Floodplain Access LOW LOW
(4) Wooded Riparian Buffer MEDIUM MEDIUM
(4) Microtopography NA NA
(3) Stream Stability LOW LOW
(4) Channel Stability LOW LOW
(4) Sediment Transport MEDIUM MEDIUM
(4) Stream Geomorphology MEDIUM MEDIUM
(2) Stream/Intertidal Zone Interaction NA NA
(2) Longitudinal Tidal Flow NA NA
(2) Tidal Marsh Stream Stability NA NA
(3) Tidal Marsh Channel Stability NA NA
(3) Tidal Marsh Stream Geomorphology NA NA
(1)WaterQuality HIGH HIGH
(2) Baseflow HIGH HIGH
(2) Streamside Area Vegetation HIGH HIGH
(3) Upland Pollutant Filtration HIGH HIGH
(3) Thermoregulation HIGH HIGH
(2) Indicators of Stressors NO NO
(2) Aquatic Life Tolerance HIGH NA
(2) Intertidal Zone Filtration NA NA
(1) Habitat LOW LOW
(2) In -stream Habitat LOW LOW
(3) Baseflow HIGH HIGH
(3) Substrate MEDIUM MEDIUM
(3) Stream Stability LOW LOW
(3) In -stream Habitat LOW LOW
(2) Stream -side Habitat MEDIUM MEDIUM
(3) Stream -side Habitat LOW LOW
(3) Thermoregulation HIGH HIGH
(2) Tidal Marsh In -stream Habitat NA NA
(3) Flow Restriction NA NA
(3) Tidal Marsh Stream Stability NA NA
(4) Tidal Marsh Channel Stability NA NA
(4) Tidal Marsh Stream Geomorphology NA NA
(3) Tidal Marsh In -stream Habitat NA NA
(2) Intertidal Zone NA NA
Overall LOW LOW

Portions o, the record copy may be
illegible due to the conditan bt the
original instrument
DEVELOPMENT AGREEMENT
BY AND AMONG
WALTON NORTH CAROLINA, LLC
AND
FILED
CABARRUS COUNTY NC
WAYNE NIXON
REGISTER OF DEEDS
FILED Nov 04, 2014
AT 09:41 am
BOOK
START PAGE
END PAGE
INSTRUMENT #
EXCISE TAX
MWN
CITY OF CONCORD, A NORTH CAROLINA CITY AND MUNICIPAL CORPORATION
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11175
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0075
23957
$0.00

TABLE OF CONTENTS
STATUTORY FRAMEWORK 4
RECITALS 5
TERMS
1. Public hearing 5
2. Term 5
3. Development of the Property 5
4. Permitted Uses/Maximum Density/Placement and Types of Buildings .... 6
5. Development Schedule 6
6. Law in Effect at Time of the Agreement Governs the Development 7
7. Transportation Improvements 7
8. Reservations or Dedications of Land for Public/Purpose 7
9. Public Sewer and Water 7
10. Water and Sewer Capital Fees .... 9
11. Local Development Permits 9
12. Insurance 9
13. Amendment 9
14. Recordation/Binding Effect 10
15. Periodic Review 10
16. Default 10
17. Damages upon Termination 11
18. Entire Agreement 11
19. Hold Harmless 11
20. Assignment 12
21. Governing Law 12
22. Counterparts 12
23. Relationship of Parties 12
24. Agreements to Run with the Land 12
25. No Pledge of Taxing Power or Governmental Authority 12
26. Notices 13
27. Severability .14
28. Authority 14
2

EXHIBITS
Exhibit A (Legal Description of Property) 14
Exhibit B (Water and Sewer Plan) 15
Exhibit C (Acquisition of Easements) I6
Exhibit D (Acquisition of Rights -of -Way) 17
3

STATE OF NORTH CAROLINA
DEVELOPMENT AGREEMENT
COUNTY OF CABARRUS
This Development Agreement (the "Agreement") is made and entered into this day
of , 2014 by and among WALTON NORTH CAROLINA, LLC ("Walton"), a North
Carolina limited liability company, and CITY OF CONCORD (the "City"), a North Carolina city
and municipal corporation.
STATUTORY FRAMEWORK
1. N.C.G.S. § 160A-400.20(a)(1) provides that "large-scale development projects often occur
in multiple phases extending over a period of years, requiring a long-term commitment of both
public and private resources."
2. N.C.G.S. § 160A-400.20(a)(3) provides that "because of their scale and duration, such
large-scale projects often require careful integration between public capital facilities planning,
financing, and construction schedules and the phasing of the private development."
3. N.C.G.S. § 160A-400.20(a)(4) provides that "because of their scale and duration, such
large scale projects involve substantial commitments of private capital by developers, which
developers are usually unwilling to risk without sufficient assurances that development standards
will remain stable through the extended period of the development."
4. N.C.G.S. § 160A-400.20(a)(5) provides that "because of their scale and duration, such
developments often permit communities and developers to experiment with different or
nontraditional types of development concepts and standards, while still managing impacts on the
surrounding areas.
5. N.C.G.S. § 160A-400.20(a)(6) provides that "to better structure and manage development
approvals for such large-scale developments and ensure their proper integration into local capital
facilities programs, local governments need the flexibility in negotiating such developments."
6. Considering the foregoing, N.C.G.S. §§ 160A-400.20(b) and 400.22 expressly authorize
local governments and agencies to enter into development agreement with developers pursuant to
the procedures and requirements of §§ 160A-400.20 through 400.32 which procedures and
requirements include approval of the development agreement by the governing body of the local
government by ordinance after duly noticed public hearing.
7. N.C.G.S. § I60A-400.23 restricts the use of a development agreement to "property that
contains 25 acres or more of developable property (exclusive of wetlands, mandatory buffers,
unbuildable slopes, and other portions of the property which may be precluded from development
at the time of the application)." NCGS § 160A-400.23 further provides that "development
4

agreement shall be of a term specified in the agreement, provided they may not be for a term
exceeding 20 years."
RECITALS
1. Walton owns 275.637 acres located along Odell School Road in Concord, North Carolina
identified as Cabarrus County Property Identification Numbers (PINs) 4681-71-4316 (63.509 ac),
4681-72-7234 (118.163 ac), and 4691-03-0484 (81.967 ac), and 4681-94-6153 (11.997 ac) (the
"Property"). The Property is more particularly described on Exhibit A ("Legal Description of
Property"), attached hereto and incorporated herein by reference.
2. Walton proposes to develop the Property into a residential subdivision with approximately
551 dwelling units (the "Project").
3. The City has identified the need to install and/or improve the sanitary sewer system in
watershed drainage basin ROC6300NE pursuant to an ongoing capital improvement plan.
4. In order to develop the Property and thereby construct the Project, Walton needs access to
sanitary sewer and potable water.
5. The City has determined that the Project is consistent with the capital improvement plan
and planning goals. Further, the City has determined that the Project presents an opportunity for
the City to secure quality planning and growth and to strengthen its tax base.
NOW THEREFORE, based upon the terms and conditions set forth herein and in
consideration of the mutual promises and assurances provided therein, the parties do hereby agree
as follows:
TERMS
1. Public Hearing. Pursuant to NCGS § 160A-400.24, the City Council conducted a public
hearing on 4 - 9 (4to consider the approval and execution of this Agreement in
accordance with the procedures in NCGS § 160A-364. The notice of public hearing specified,
among other things, the location of the Property subject to this Agreement, the development uses
proposed of the Property and a place where a copy of the Agreement can be obtained. The City
Council approved this Agreement and the City's execution of the same.
2. Term. The term of this Agreement shall commence on the date that all parties hereto have
executed the Agreement and it shall terminate twenty (20) years thereafter unless sooner
terminated by mutual consent of the parties hereto or their successors in interest. The parties hereto
or their successors in interest may by mutual consent extend the term of this agreement by
executing a subsequent development agreement.
3. Development of the Property. Walton shall submit to the Concord Planning and Zoning
Commission a preliminary plat consistent with the purposes of this Agreement which shall at
5

minimum depict the sizes, placements, and configurations of the lots, common open space, streets,
sidewalks, and other improvements planned for the Property. The Property shall then be developed
consistent with the preliminary plat approved by the Concord Planning and Zoning Commission
and in accordance with this Agreement including the Development Schedule outlined in section 5.
Walton understands that the City's continued performance under this Agreement is contingent
upon Walton receiving all necessary approvals for its preliminary plat and Walton's payment made
under Section 9.c. Once Walton receives an approved preliminary plat, Walton reserves the right
to make minor adjustments to the preliminary plat pursuant to Section 5.2 Preliminary Plat of the
Concord Development Ordinance (the "CDO").
In the event of a conflict between the CDO and the approved preliminary plat, the terms of
the approved preliminary plat shall govern.
4. Permitted Uses/Maximum Density/Placement and Types of Buildings.
The Property shall be devoted to residential dwelling units and related amenities with any
incidental or accessory uses associated therewith which are permitted under the CDO and
applicable zoning. The maximum number of dwelling units will be determined by the applicable
zoning and the approved preliminary plat as may be amended or modified pursuant to Sections 3
and 13 of this Agreement
5. Development Schedule. The Property shall be developed in accordance with the
preliminary development schedules set out in subsection 5.A below, or as may be amended by the
agreement of the parties to reflect actual market absorption. Pursuant to N.C.G.S. § 160A-
400.25(b), the failure to meet a commencement or completion date shall not, in and of itself,
constitute a material breach of the development agreement pursuant to G.S. § 160A-400.27 but
must be judged based upon the totality of the circumstances, including but not limited to, Walton's
good faith efforts to attain compliance with the relevant development schedule. Periodic
adjustments to the relevant development schedule by Walton shall not be considered a material
amendment or breach of this Agreement as long as (1) Walton, or its successor in interest, pays
the water and sewer capital fees in accordance with the required schedule as set forth in Section
10 hereof, and (2) the Project is developed in accordance with the preliminary plat within the
twenty (20) year period described below.
A.
(i) Within ten (10) years of the execution of this Agreement, Walton shall have
completed the development of at least fifteen percent (15%) of the lots contemplated by
the approved preliminary plat.
(ii) Within fifteen (15) years of the execution of this Agreement, Walton shall have
completed the development of at least fifty percent (50%) lots contemplated by the
approved preliminary plat.
6

(iii) Within twenty (20) years of the execution of this Agreement, Walton shall have
completed the development of one hundred percent (100%) of the lots contemplated by the
approved preliminary plat.
For purposes of Section S.A. of this Agreement, "Development" means all work necessary
to convert a lot into a home site suitable for construction ofa residential dwelling unit upon
proper application for a building permit.
Notwithstanding anything contained herein to the contrary, Walton may develop lots at a
faster pace than the pace proscribed above in subparts (i), (ii), and (iii).
6. Law in Effect at Time of the Agreement Governs the Development. The local ordinances
applicable to the development of the Property are those in force as of the date of this Agreement
and as they may subsequently be enacted or amended. However, this Agreement does not abrogate
any rights preserved by N.C.G.S. § I60A-385.1 or § 160A-387, or that may vest pursuant to
common law or otherwise absence of this Agreement.
7. Transportation Improvements. Walton shall comply with the requirements of the North
Carolina Department of Transportation ("NCDOT") related to the development of the units
including, but not necessarily limited to, constructing improvements, obtaining a driveway permit
and placing a performance bond on all work not completed at time of phased final platting.
Walton shall maintain, at its own expense, those public road improvements and temporary
storm water and sedimentation and erosion control measures related to road construction and
required for the Project until all public road improvements and infrastructure for the Project are
dedicated to and accepted by the City. This obligation to maintain requires Walton to correct any
deterioration of, or defect in, the improvements that arises and to remove all temporary erosion
and sedimentation control measures. Further, Walton shall comply with additional improvement
measures, should the occasion arise, as specified by the City or NCDOT.
8. Reservations or Dedications of Land for Public Purpose/Public Improvements. Walton
shall dedicate easements on the Property that extend to adjoining properties for future sewer
extensions as outlined in Exhibit D ("Acquisition of Easements") which is attached and
incorporated herein by reference.
9. Public Sewer and Water.
A. Walton shall construct all sanitary improvements on and off the Property in the
eastern basin (ROC6300NE) including construction of the offsite sewer outfall more
particularly described in Exhibit B ("Water and Sewer Plan"). The City shall review all
construction plans, utility routes, alignments and related tasks, and Walton must receive
City's approval of said plans, routes, alignments and related tasks prior to construction.
B. Walton shall dedicate easements outlined in Exhibit C ("Acquisition of
Easements"), which is attached and incorporated herein by reference, for the sewer
7

construction including easements that extend to adjoin properties. Walton will be solely
responsible for the costs and dedication of said easements.
C. The City shall acquire rights -of -way as outlined in Exhibit D ("Acquisition of
Rights -of -Way"). Prior to acquisition, the City shall submit in writing estimated costs and
expenses of acquisition to Walton. Walton shall first pay the City 50% of its estimated
costs and expenses for acquisition of the rights -of -way. The City will begin acquisition
work within 30 business days of receiving Walton's payment. City shall provide Walton
a written monthly update on the status of acquisition of the rights -of -way. In the event
City determines the actual costs and expenses for acquisition of the rights -of -way will
exceed the amounts set forth in the original written estimate, City shall promptly notify
Walton, in writing, of the amount by which the costs and expenses will exceed the original
written estimate. Upon the City's completion of acquiring the rights -of -way noted in
Exhibit D, the City shall provide Walton an itemized bill which lists total actual costs and
expenses for acquisition of the rights -of -way noted in Exhibit D. Walton shall reimburse
the City for the remaining costs and expenses for acquisition of the rights -of -way within
ninety (90) days of receiving the itemized bill.
D. The City may require that certain pipes be upsized to a larger diameter. If the City
exercises the option to upsize any pipes within the eastern or western basin, the City shall
pay reasonable additional costs resulting from upsizing of the sewer system on the
property. Walton shall submit estimated itemized costs to the City prior to beginning
construction to upsize the pipes.
E. Walton shall follow all of the requirements, including reporting, of N.C.G.S.
Chapter 143, Article 8, Public Contracts, in selecting a contractor to construct the
improvements. Walton may use any of the bidding and contracting methods Listed in
N.C.G.S. § 143-138(al). Walton shall obtain a minimum of three bids. Walton shall
permit the City to review, approve, and/or reject all bidding and contract documents prior
to bidding and award of any contracts. The City shall provide a decision within 15-calendar
days of receipt of bid documents. Final Notice to Construct Permit may be withheld by the
City unless the City is satisfied that all bidding requirements have been met. Approval
shall not be unreasonably withheld, conditioned or delayed.
F. City shall grant Walton the right to connect to the City's presently existing water
and sewer system after Walton obtains proper water and sewer permits in order to serve
the Property.
G. Upon completion of the water and sanitary sewer improvements in accordance with
Exhibit B "Water and Sewer Plan", Walton shall dedicate, and City shall accept, the water
and sanitary sewer improvements contingent upon Walton's compliance with CDO Section
5.7.
8

10. Water and Sewer Capital Fees. Walton, or its successor in title to the Property, shall pay
the City the standard per lot water and sewer capital fees charged by the City for each residential
unit planned to be developed on the Property at the time of final platting pursuant to CDO 5.3.
11. Local Development Permits. In accordance with N.C.G.S. § 160A-400.26(a)(6), the
following is a description or list of the local development permits approved or needed to be
approved for development of the Subdivision:
City of Concord Subdivision Approvals; and
City of Concord Zoning Clearance Permits
NC DENR Soil Erosion Sedimentation Control Permits
NC DOT Driveway Permits
NC DOT Encroachment Agreements
Cabarrus County Building Permits
Authorization to Construct — Water and Sewer
The failure of the Agreement to address a particular permit, condition, term, or restriction
does not relieve Walton of the necessity of complying with the law governing its permitting
requirements conditions, terms or restrictions.
12. Insurance. Walton shall maintain the following insurance coverage during the construction
of the utilities: Coverage Minimum Limits
Workers' Compensation $100,000 each accident
$100,000 bodily injury by disease each employee
$500,000 bodily injury by disease policy limit
General Liability $1,000,000 per occurrence
Automobile Liability $1,000,000 per occurrence
Umbrella $2,000,000 per occurrence
13. Amendment. The terms of this Agreement may be amended by the mutual consent of the
parties hereto or their successors in interest. A major modification of the terms of this Agreement
shall follow the same procedures as required for the initial approval of this Agreement, which
procedures shall include a public hearing and approval by City Council for the City of Concord.
A minor amendment to the preliminary plat pursuant to CDO Section 5.2.7 Revision of the
Preliminary Plat after Planning and Zoning Commission Approval (as in effect at the time of
execution of this Agreement) shall not be considered an amendment to this Agreement.
14. Recordation/Binding Effect. Within fourteen (14) days after the City enters into this
Agreement, Walton shall record this Agreement in the Cabarrus County Registry. Walton shall
promptly mail a copy of the recorded Agreement to the City Attorney at the address shown below.
The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall
inure to, all successors in interest to the parties hereto.
9

15. Periodic Review.
(A) Pursuant to NCGS § I60A-400.27, the Director of Engineering Services and the
Director of Planning or other City Manager designee(s) shall conduct a periodic review
(the "Periodic Review") at least every 12 months, at which time Walton will be required
to demonstrate good faith compliance with the terms of this Agreement.
(B) If, as a result of the Periodic Review, the City finds and determines that Walton has
committed a material breach of the terms or conditions of the Agreement, the City shall
serve notice in writing, within a reasonable time after the Periodic Review, upon the
defaulting party setting forth with reasonable particularity the nature of the breach and the
evidence supporting the finding and determination, and providing the defaulting party a
reasonable time to cure the material breach.
(C) If the defaulting party fails to cure the material breach within the time given, then
the City unilaterally may terminate or modify the Agreement as to the defaulting party.
16. Default.
A. The failure of Walton to comply with the terms of this Agreement shall constitute
a default, entitling the City to pursue such remedies as allowed under applicable law against
Walton, provided however, that no termination of this Agreement may be declared by the
City absent its according to Walton the notice and opportunity to cure set out in N.C.G.S.
§ 160A-400.27. In addition to any other rights or remedies, the City may institute legal
action against Walton to cure, correct, or remedy any default or breach, to specifically
enforce any covenants or agreements set forth in the Agreement or to enjoin any threatened
or attempted violation of the Agreement, or to obtain any remedies consistent with the
purposes of the Agreement. Legal actions shall be instituted in a court of competent
jurisdiction in the County of Cabarrus, State of North Carolina or in the United States
District Court for the Middle District of North Carolina, and the parties hereto submit to
the personal jurisdiction of such court(s) without application of any conflicts of laws
provisions of any jurisdiction.
B. In the event that Walton fails to perform any of its covenants, commitments, and/or
obligations hereunder after notice and a reasonable opportunity to cure, the City may, until
such default is cured, withhold the issuance of any further zoning clearance permits and/or
subdivision approvals within the Project or withhold the issuance of certificates of
compliance for any homes within the Project that have not been purchased or have not been
placed under contract for sale.
C. In the event that it becomes necessary for the City to pursue a civil action against
Walton and the City is the prevailing party in such action, then the City shall be entitled to
recover its reasonable attorney fees from Walton.
10

D. In the event that Walton deems the City to be in default of this Agreement, Walton
shall provide the City with written notice of the alleged default. Walton shall provide the
City with reasonable time to cure the default prior to the institution of any legal action.
17. Damages upon Termination. In no event shall Walton be entitled to any damages against
the City upon termination of this Agreement.
18. Entire Agreement. This Agreement sets forth and incorporates by reference all of the
agreements, conditions, and understandings between Walton and the City related to the Property,
and there are no promises, agreements, conditions, or understandings, oral or written, expressed or
implied, among these parties related to the matters addressed herein other than as set forth or as
referred to in the CDO or as expressed in the development conditions applicable to these parcels
of land.
19. Hold Harmless. Walton agrees to and shall hold the City, its elected officials, officers,
agents, employees, consultants, counsel and representatives harmless from liability: (1) for
damages, just compensation, restitution, judicial and/or equitable relief arising out of claims for
personal injury, including health, and claims for property damage which may arise for the direct
or indirect operations of Walton or its contractors, subcontractors, agents, employees or other
persons acting on their behalf which relates to the Project; and (2) from any claim that damages,
just compensation restitution, judicial or relief is due by reason of the terms of or effects arising
from this Agreement. Walton agrees to pay all costs for the defense of the City and its officers,
agents, employees, consultants, counsel, and representatives regarding any action for damages,
just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by
reason of Walton's actions or omissions in connection with the Project or any claims arising out
of this Agreement.
This hold harmless Agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered or alleged to have been suffered by reason ofthe events referred
to in this paragraph or due by reason of the terms of, or effects, arising from this Agreement
regardless of whether or not the City prepared, supplied or approved this Agreement, plans or
specifications, or both, for the Project. Walton further agrees to indemnify, hold harmless, and
pay all costs for the defense of the City, including fees and costs for counsel to be selected by the
City regarding any action by a third party challenging the validity of this Agreement or asserting
that damages, just compensation, restitution, judicial or equitable relief is due to personal or
property rights by reason of the terms of effects arising from this Agreement. The City may make
all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the forgoing, Walton's obligations to indemnify and hold City harmless shall not
extend to any claims, losses or damages that arise from the acts or omissions of City and/or its
officers, agents, employees, consultants, counsel, and representatives as well as any claims, losses
11

or damages arising from the gross negligence or willful misconduct of City and/or its officers,
agents, employees, consultants, counsel, and representatives
20. Assignment. After notice to the City, Walton may assign its rights and responsibilities
hereunder to subsequent landowners or successors -in -interest of all or any portion of the relevant
parcels of land, provided that no assignment as to a portion of the relevant parcel of land shall
relieve the assigning party of responsibility with respect to the remaining portion of the relevant
parcel or parcels of land owned by the assigning party without the written consent of the City,
which consent shall not be unreasonably withheld. Subject to the provisions of N.C.G.S. § 39-
23.4, in the event that Walton sells all of its relevant parcel or parcels of land and assigns its
respective rights and responsibilities to a subsequent landowner or other successor in interest, then
such selling or assigning party shall be relieved of all of its covenants, commitments and
obligations hereunder.
21. Governing Law. This Agreement shall be governed by the laws of the State of North
Carolina.
22. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be deemed an original, and such counterparts shall constitute one and the same instrument.
23. Relationship of Parties. The contractual relationship between Walton and the City arising
out of this Agreement is one of independent contractor and not agency. It is specifically
understood by the parties that: (I) the Project is a private development; (2) the City has no interest
in or responsibilities for or duty to third parties concerning any improvements to the Property
unless the City accepts the improvements pursuant to the provisions of this Agreement or in
connection with any applicable subdivision map approval; and (3) as between the City and Walton,
Walton shall have full power and exclusive control of the Property subject to obligations of Walton
set forth in this Agreement.
24. Agreements to Run with the Land. This Agreement shall be recorded in the Cabarrus
County Registry. The Agreements contained herein shall be deemed to be alien upon, binding
upon and run with the land and shall be binding upon and an obligation of all successors in the
ownership of the relevant parcels of land.
25. No Pledge of Taxing Power or Governmental Authority. No provision of this Agreement
shall be construed or interpreted as (I) creating a pledge of faith and credit of the City within the
meaning of any constitutional debt limitation, (2) delegating governmental powers, or (3) a
donation or a lending of the credit of the City within the meaning of the Constitution of the State
of North Carolina. No provision of this Agreement shall be construed to pledge or to create a lien
on any class or source of City monies, or operate beyond its intended scope so as to restrict, to any
extend prohibited by law, any future action or right of action on the part of the Concord City
Council. To the extent of any conflict between this section and any other provision of this
Agreement, this section shall take priority. The City has pre -audited this Agreement and the
12

obligations hereunder to ensure compliance with budgetary accounting requirements (if any) that
may apply. This Agreement is conditioned upon, and shall not be operative until, any required
pre -audited certification is supplied.
26. Notices. Any notice, demand, request, consent, approval, or communication which a
signatory party is required to or may give to another signatory party hereunder shall be in writing
and shall be delivered or addressed to the other at the address below set forth or to such other
address as such party may from time to time direct by written notice given in the manner herein
prescribed. Such notice or communication shall be deemed to have been given or made when
communicated by any reasonable and reliable electronic method, by personal delivery, or by US
mail return receipt requested. Notwithstanding the foregoing, it is not the intent of this section that
formal notice be made for regular or routine communications between the City and Walton
concerning permit requests, site plan reviews or other daily matters related to the development of
the project.
All notices, demands, requests, consents, and approvals shall be addressed:
To the City at:
With a REQUIRED Copy to:
Sue Hyde, PE Director of Engineering Services
City of Concord
P.O. Box 308
850 Warren Coleman Blvd.
Concord, NC 28026
City Attorney
City of Concord
P.O. Box 308
30 Market Street
Concord, NC 28025
To Walton at:
With a REQUIRED Copy to:
Walton North Carolina, LLC
Andy Rathke
11535 Carmel Commons Boulevard, Suite 102
Charlotte, NC 28226
Walton North Carolina, LLC
c/o Walton International Group (USA), Inc.
4800 North Scottsdale Road, Suite 4000
Scottsdale, Arizona 85251
Attention: Wayne G. Souza, Esq.
27. Severability. If any term or provision herein shall be judicially determined to be void or
of no effect, such determination shall not affect the validity of the remaining terms and provisions.
28. Authority. Each party represents that it has undertaken all actions necessary for corporate
and public approval of this Agreement and that the person signing this Agreement has authority to
bind Walton or the City.
IN WITNESS WHEREOF, the parties hereby set their hands and seals, effective the date
first above written.
13

CITY OF CONCORD
W. Brian Hiatt, City Manager
ATTES
im '1 eason ity Clerk
APPROVED AS TO FORM:
(OkSCI)
-00-yZcc. t' tarow.s C.:;,7CFsat ss rfeP
Jlf
*This instrument has been pre -audited in the
Manner required by the "Local Government Budget
and Fiscal Control Act".
Pam Hinson, Finance Director
WALTON NORTH CAROLINA, LLC,
a North Carolina limited Liability company,
By: Walton International Group, Inc.,
a Nevada c,orporation, its L anager
By:
Name:
Its:
WAYNE G. SOUZA
AUTHORIZED SIGNATORY
Date:
By:
Name:
Its:
GORDON A. PRICE
AUTHORIZED SIGNATORY
Date:
lob I� I 11-1
14

State of
County of
I the undersigned, a Notary ublic of the County and State aforesaid, do hereby certify that
ki72gi cjk no
title) of Walton International Group, Inc.
personally appeared before me this day and acknow dged the due execution of the foregoing
instrument on beh If of said corporation. Witness my hand and official stamp or seal, this the
IL(`-- day of �(�pber , 2014.
Nota
Publ
My commission expires:I-L , 201 /All"
VANESSA CHIZMESITYA
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
My commission Expires
June 20, 2017
State of
County of
undersigned, a Notary Public of the County and State aforesaid, do hereby certify that
-7a- al A . Pr&. . , lcr tdi, S title) of Walton International Group, Inc.
personally appeared before me this day and acknoged the due execution of the foregoing
instrument on behalf of said corporation. Witness my hand and official stamp or seal, this the
day of Ober , 2014.
I,
Not, y Publi/
My commission expires: �u✓Le, l'cli—
VANESSA CHIZME;•;;•: •
NOTARY PUBLIC - Al;i• ,. .
MARICOPA COUNT
My commission Expii:
June 20, 2017
Llcontracts\engineering\developer agreement114 06 02 City of Concord Walton Development Agreement
15

EXHIBIT A
Being the same as that land shown on ALTA/ACSM Land Title Survey prepared by Stantec Consulting
Services, Inc., on January 27, 2012, Project No. 178440055, more particularly described as follows:
TRACT 1:
Commencing at a 2" pipe, corner of Faye G. and William Otto Goodnight and CRM Mid -Atlantic Tract 4 on
the west side of Odell School Road; thence along said property line N.84°41'19"W., a distance of
1,292.57 feet to an existing axle the POINT OF BEGINNING having NC grid coordinates of N 612292.09' E
1489525.09'; thence along the boundary line of Faye G. and William Otto Goodnight and CRM Mid -
Atlantic Tract 1 S.05°37'16"E., a distance of 1,105.72 feet to a set rebar being the corner of CRM Mid -
Atlantic Tract 1 and Mid -Atlantic Tract 3; thence along said property line N.88°16'59"W., a distance of
828,01 feet to a set rebar; thence continuing along said property line N.36°47'02"W., a distance of
628.92 feet to a cedar post in concrete; thence N.84°26'51"W., a distance of 2,562.51 feet to a 3/4"
rebar the corner of Lot 132 and Lot 133 Poplar Trail, Phase IV, section 2 (map 20 page 13); thence with
lots 133-137 Poplar Trails Phase IV section 2, N.82°10'24"W., a distance of 1,139.21 feet to an existing
eye bolt, corner of Lot 139, Poplar Trails, Phase IV, Section 3 (Map 20 PG 14); thence with Lots 139-144
Poplar Trails, Phase IV, Section 3 N.02°55'07"W., a distance of 953.94 feet to an existing iron pipe,
corner of Unica UB (Book 1817 Pg 242); thence with the line of Unica UBO, S.84°10'53"E., a distance of
2,268.07 feet to a 1/2" rebar, corner of CRM Mid -Atlantic Prop, LLC Tract 4; thence continue easterly
along said line, a distance of 2,545.44 feet to a stone; thence S.06°43'21"E., a distance of 297.94 feet to
the POINT OF BEGINNING.
Containing 5,147,187.45 square feet or 118.163 acres, more or less.
TRACT 2:
Beginning at a pk nail in Odell School Road having NC grid coordinates of N 614422 96' E 1490162.02',
said point being the POINT OF BEGINNING; thence along the property line of CRM Mid -Atlantic Prop LLC
Tract 2 and CRM Mid -Atlantic Prop LLC (Deed Book 8363 Pg 180) 5.48°33'00"W., a distance of 230.17
feet to an existing iron pipe; thence 5.29°43'30"E., a distance of 147.20 feet to an existing rebar; thence
along the property line of CRM Mid -Atlantic Prop LLC Tract 4 5.52°34'25"W., a distance of 927.10 feet to
an existing rebar the corner of Annie o. Allison (Deed Book 9561 Pg 336); thence N.10°57'57"W., a
distance of 597.84 feet to an existing rebar, the corner of Paul Wayne Yow; thence N.49°29'44" E., a
distance of 764.80 feet to an existing iron pipe; thence continue northeasterly along said line, a distance
of 31.26 feet to a set pk in Odell School Road; thence along Odell School Road, S.59°28'S1"E., a distance
of 124,43 feet to a set pk nail in Odell School Road; thence S.50°14'45"E., a distance of 308.30 feet to
the POINT OF BEGINNING.
Containing 522,610.26 square feet or 11.9975 acres, more or less.
TRACT 3:
Commencing at a 2" pipe, corner of Faye G. and William Otto Goodnight and Charlotte Development LLC
(Deed Book 3419 Pg 85) on the west side of Odell School Road; thence along said property line
S.89°24'20"W., a distance of 283.02 feet to an existing axle and the corner of James M and Carrie J
Moose (Deed Book 3714 Pg 71), the POINT OF BEGINNING having NC grid coordinates of N 611158.97' E
1489636.62'; thence S.47°35'46"W., a distance of 585.07 feet to an existing iron pipe, the corner of Keith
L and Ginna W Munday (Deed Book 3749 Pg 169) ; thence N.83°54'17"W., a distance of 3,482.70 feet to
an existing rebar, the corner of Steven K and Susan R Price (Deed Book 902 Pg 43) and Corriher Water
Service, Inc.(Deed Book 582 Pg 678); thence N.09°20'10"E., a distance of 845.10 feet to an existing
rebar the corner of Lot 132 and Lot 133 Poplar Trail, Phase IV, Section 2 (Map 20 Pg 13) and CRM Mid -
Atlantic Prop LLC, Tract 1 ; thence 5.84°26'51"E., a distance of 2,562.51 feet to a cedar post in concrete
; thence S.36°47'02"E., a distance of 628.92 feet to a set rebar; thence 5.88°16'59"E., a distance of
828,01 feet to a set rebar on the property line of Faye G and William Otto Goodnight (Deed Book 5615
Pg 83); thence S,05°37'16"E,, a distance of 32.88 feet to the POINT OF BEGINNING.
Containing 2,766,461.44 square feet or 63.5092 acres, more or less.

TRACT 4:
Beginning at a set pk nail with NC grid coordinates of N 612659.92' E 1490803.10', said point being the
POINT OF BEGINNING and the beginning of a curve to the right, of which the radius point lies
S,75°31'32"W., a radial distance of 1,248.67 feet; thence southerly along the arc, through a central angle
of 22°37'34", a bearing of S.03°09'91"E.a distance of 493.10 feet set pk nail in Odell School Road; thence
N,84°41'19"W., a distance of 18.08 feet to an existing iron pipe; thence continue westerly along said line,
a distance of 1,292.57 feet to an existing iron pipe, the corner of CRM Mid -Atlantic Prop LLC Tract 1
(Deed Book 8363 Pg 180); thence N.06°43'21"W., a distance of 297.94 feet to a stone; thence
N.84°10'53"W., a distance of 2,545.44 feet to an existing rebar the corner of Unica UBO; thence
N.11°10'54"E., a distance of 485.39 feet to an existing iron pipe, the corner of WH Allison; thence
N.88°16'09"E., a distance of 1,175.07 feet an existing rebar; thence N.78°36'21"E., a distance of
1,121.81 feet to an existing rebar, the corner of Leonard E Allison (Deed Book 5139 Pg 214) and Annie O.
Allison (Deed Book 9561 Pg 336); thence N.52°34'25"E., a distance of 927.10 feet to an existing rebar,
the corner of CRM Mid -Atlantic Prop LLC (Deed 8363 Pg 180); thence N.72°13'46"E., a distance of 249.33
feet to a pk nail set in Odell School Road; thence along Odell School Road S.17°57'43"E., a distance of
997,68 feet to a pk nail set in Odell School Road; thence leaving Odell School Road S.72°15'59"W., a
distance of 29.80 feet to an existing rebar the corner of CRM Mid -Atlantic Prop LLC Tract 4 (Deed Book
8529 Pg 121) and Daryl E and Sharonda Graves (Deed Book 8142 Pg 139); thence continue westerly
along said line, a distance of 550.40 feet to an existing rebar; thence 5.17°44'32"E., a distance of 149.98
feet to an existing rebar; thence N.72°15'45"E., a distance of 290.37 feet to an existing rebar, the corner
of Billy R Fisher Jr. (Deed Book 6843 Pg 81); thence 5.17°44'15"E,, a distance of 150.17 feet an existing
rebar the corner of Richard C Jr. and Vanessa L Pethel (Deed Book 6137 Pg 341); thence S.22°17'57"E.,
a distance of 161.48 feet to an existing rebar; thence N.71°51'27"E., a distance of 41,57 feet to an
existing rebar, the corner of Penny Overcash and Eric Todd Smith; thence S.13°18'08"E., a distance of
15.21 feet to an existing rebar; thence S.13°25'14"E., a distance of 164.74 feet to an existing rebar;
thence N,72°18'54"E., a distance of 217.45 feet to an existing rebar; thence continue easterly along said
line, a distance of 31.94 feet to the POINT OF BEGINNING.
Containing 3,570,495.52 square feet or 81.9673 acres, more or less.
Total area of tracts 1, 2, 3 & 4 is 12,006,754,67 square feet or 275.637 acres, more or less.

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PLANNING
DOCUMENTS
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ACQUISITION OF
EASEMENTS
EXHIBITC
'.71 OF 1

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