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HomeMy WebLinkAbout20230631 Ver 1_Wetland Impact Maps_20230428U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01640 County: Davidson U.S.G.S. Quad: NC- Welcome NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Robann Properties, LLC Thomas Hege Address: 2323 Enterprise Road Lexington, NC 27295 Telephone Number: 336-247-2824 E-mail: robanafarm(&aol.com Size (acres) 211 Nearest Town Lexington Nearest Waterway Frves Creek River Basin Upper Pee Dee USGS HUC 03040101 Coordinates Latitude: 35.956518 Longitude:-80.275046 Location description: The review area is located on the west side of S. Union Grove Road; approximately 0.8 miles north of the intersection of S. Union Grove Road and Enterprise Road. PINs: 0301400000027, 0301200000002, 0301200000042, and 0301200000055. Reference review area descrintion shown in Jurisdictional Determination Request nackage entitled "Drawing 1, USGS Topographic Mad' Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/21/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2020-01640 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 10/22/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KEN N ETH.1263385574 Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2020.10.2207:11:14-04'00' Date of JD: 10/22/2020 Expiration Date of JD: Not applicable SAW-2020-01640 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Pilot Environmental, Inc. David Brame Address: P.O. Box 128 Kernersville, NC 27285 Telephone Number: 336-310-4527 E-mail: dbrame(a�nilotenviro.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Robann Properties, LLC, Thomas He e File Number: SAW-2020-01640 Date: 10/22/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to declinc the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 09/21/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Robann Properties, LLC, Thomas Hege, 2323 Enterprise Road, Lexington, NC 27295 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, S. Union Grove Road, SAW- 2020-01640 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the west side of S. Union Grove Road; approximately 0.8 miles north of the intersection of S. Union Grove Road and Enterprise Road. PINS: 0301400000027, 0301200000002, 0301200000042, and 0301200000055. Reference review area description shown in Jurisdictional Determination Request package entitled "Drawing 1, USGS Topographic Map". (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Davidson City: Lexington Center coordinates of site (lat/long in degree decimal format): Latitude: 35.956518 Longitude:-80.275046 Universal Transverse Mercator: Name of nearest waterbody: Fryes Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 09/21/2020 ®Field Determination. Date(s):10/20/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable SEE ATTACHED TABLE 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Drawings 1-5 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad naive: Drawing 1, USGS Topographic Map, (7.5-minute Quadrangle Welcome and Midway, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Drawing 2, Web Soil Map (Web Soil Survey of Davidson County) and Drawing 2A, Published Soil May (Soil Survey of Davidson County, Sheet 1 Dated 1994) ® National wetlands inventory map(s). Cite name: Drawing 3, NWI Map (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ®FEMA/FIRMmaps: Drawing 4, FEMA FIRM (National Flood Hazard Laver) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Drawing 5, Wetland Map (Dated 10/21/2020) or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. RODEN Digitally signed by RODEN REYNOLDS.BRYANX REYNOLDS.BRYAN.KENNETH.126 3385574 ENNETH.1 263385574Date: 2020.10.22 07:10:49 -04'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 10/22/2020 impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Feature Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) SS1 35.95350700 -80.27560500 140 Non -wetland 404 SW 2 35.95336800 -80.27626400 0.847 Non -wetland 404 SS2 35.95300400 -80.27719700 125 Non -wetland 404 SW3 1-7 35.95394800 -80.27918600 0.041 Non -wetland 404 SS3 35.95442500 -80.27955300 595 Non -wetland 404 SS4 35.95584600 -80.28067500 1710 Non -wetland 404 SS5 35.95576500 -80.28146400 250 Non -wetland 404 SS6 35.95657400 -80.28229700 330 Non -wetland 404 DS2 35.96137300 -80.27330400 3400 Non -wetland 404 DS3 35.95980800 -80.27228900 1715 Non -wetland 404 DS4 35.95960700 -80.27479900 850 Non -wetland 404 DS5 35.95950600 -80.27534900 170 Non -wetland 404 DS6 35.95945600 -80.27479900 65 Non -wetland 404 DS7 35.95942500 -80.27505800 120 Non -wetland 404 DW1 1-26 35.95852900 -80.27061300 0.378 Wetland 404 DW2 1-27 35.95885300 -80.27482000 1.56 Wetland 404 DW3 35.96091600 -80.27637600 0.108 Wetland 404 DW4 35.96125400 -80.27644800 0.098 Wetland 404 DW5 1 35.96065500 1 -80.27314600 1 0.232 Wetland 404 DW6 35.96003800 -80.27133500 0.158 Wetland 404 Now 4oll r .k Dw4 N 0.098 Ac. Ds2 3400 LF 46 Z DWS 0.232 Ac. DW3 0.108 Ac. Ds5 170 LF DS3 - Ds7 1,715 LF 120 LF Ds4 - 850 LF DW6 0.158 Ac. Ds6 w 65 LF # DP-1 O DWI 1-26 DW21-27 DP-2 0.378Ac. 1.56 Ac. w 3 LF r M3 1-7 1.041 Ac. i sW2 1-18 0.847 Ac. 4 ss2 125 LF Imw ss1 r 140 LF ' " ! ..r, 4+ •w �•��EiM�.. ill E ri^rn�r� FLAG NUMBERS/INFO Site Boundary Perennial Stream STREAM FLAGS = .�'= WETLAND FLAGS = ...... Non -Jurisdictional Ditch Stream Flags = Flagged at origins - Centerline Wetland not flagged; surveyor locate as needed Wetland Flags = 78 Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MR. BRYAN DP-1 O Data Point RODEN-REYNOLDS WITH THE USACE ON OCTOBER 20, 2020. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. W11-5 Flag Number/Feature ID �l Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 10.21.20 P I L O i E N V I R O N M E N T A E. I N C Wetland Map S. Union Grove Road Approximate 211-Acre Tract Lexington, Davidson County, NC Pilot Project 6050 13 J NV'1d 311S M31SVW So eons P-1 P- 11-11513 11 I'D NOISIAIaens 3NOIS(1131=1 LL 13 J LL, o X3 L 3SVHd SNORIONOO ONIISI IN J., _S P_P- - S£ZP ', 13 11 I'D F'. Ln NOISIAlaanS 3NOIS0131=1 Ir A21 'I 133I z w cece zse (gee, � LL 6 �,,� Ntlld 311S L 3StlHd P-1 pie 11-1153e1 �sJ NOISIAlaanS 3NOISO131d i —�i� � ��\\\\� (//////�� � —' � m %/i/tea✓ ////// � - ;7 I \ z o - o00 z0U o� °� LL D ooa o oz W z U o ofz z zo _ - U 'mo oQo LL OW �00 OUO OHO U o U 0 W r — y ,73 U mxoox —a o00 o20m o ow _ o o w a a W 0 @ W �SN \ ' / tt0�0 F- \ \ ' ^ ` 1 VJ X W D z WW o / J / z Of co J W W Of /LL U ao0- / a - // /v sntlx�x;o`osYY-TF. / xoutlltloastll 0Tea e1 ' ` z vxnotltloxv.1 ON M3��tlMON3 313S9N00 1Stl03tldi / \� 10 31tl1S tlOJ 'JNIMbtlO 4tlbONb1S AbMOtlOtl ¢ MN a §= tl 35 s s MI ��:� .}� �Nssssasaaswse gaay��_e :a� %ige �{2y2y{. 5 w '...... a.. J ° o / €kM2H9 HR aa8-4N kE : a �/ • •• •• 88�^.88N8RRRR _ r p c� q m ai V/// �x3 WF888883RR '�.m _NZ - i m a5 mm mm:m- Uro �`__ W LL a�aa In �c F ££a� 212 o� wa vowWE ®MO) _ Inm AN 4 3 s� Y X �.. I. 2022027880 DAVIDSON COUNTY NC FEE $26.00 STATE OF NC REAL ESTATE EXTX $6261.00 PRESENTED & RECORDED 12/30/2022 04:03:27 PM MICHAEL E. HORNE REGISTER OF DEEDS BY: TARA W. WHITMAN DEPUTY BK: DE 2582 PG: 1053-1059 NORTH CAROLINA GENERAL 'WARRANTY DEED Excise Tax: $ Gj aGt . 6p Tax Parcel Identification Number: This instrument was prepared by: Philip E. Searcy, Esq., a licensed North Carolina attorney. Delinquent taxes, if any, shall be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Return to: Craige Jenkins Liipfert & Walker LLP, 110 Oakwood Dr., Suite 300, Winston-Salem, NC 27103 Mail Tax Bill to: Grantee Brief description for the Index: 215.55 Acres, Fieldstone, Plat Book 81, Page 46 THIS DEED made this _10 day, December 2022 by and between GRANTOR Palmetto Land Investors, LLC 441 Western Lane Irmo, SC 29063 GRANTEE Clayton Properties Group, Inc. 441 Western Lane Irmo, SC 29063 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 the County of DAVIDSON, State of North Carolina and more particularly described as follows: FOR PROPERTY DESCRIPTION, SEE EXHIBIT "A" attached hereto and incorporated herein by reference. For back title reference, see the deed recorded Book 2523 , Page 1125; Book 2523 Page 1117; Book 2523 Page 1122 in Davidson County Registry. submitted electronically by "Craige Jenkins Liipfert & walker LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Davidson county Register of Deeds. 2022027880 THIS IS OR IS NOT X THE GRANTOR'S PRIMARY RESIDENCE TO HAVE AND TO HOLD the aforesaid lot or parcel of land 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 premises 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 lawfirl claims of all persons whomsoever, other than the following exceptions: subject to easements and restrictions of record, if any; and 2022 property taxes. IN WITNESS WHEREOF, lie Grantor has duly executed written. (SEAL) almetta Laud Investors, LC By: MR-L S Name; 1 STATE OF _ 0 _ -- COUNTY OF the foregoing as of the day and year first above I, ?fl+n nsar _ , a Notary Public for the County of anc State of Carolina, do hereby certify that Q either being personally known to me or. ' �T personally appeared before proven by satisfactory evidence (said evidence being 'D _), p Y pp me this day, and acknowledged the voluntary due execution of the foregoing instrument by them for the purposes therein stated. Witness my rid an Notarial stamp or seal this 2G day of , 2022 YC'ta iC �,�ti�`V141111Ifl111J��. ame. ► " ��°`�� REED r My Commission Expires: •�. _ �C' , IND 2022027880 EXHIBITA -- I Robana-80.234 acres Contract -Tract 1 BEGINNING at a rebar found located in the Northeast corner of the Rebecca Teal Mabe and husband Jeremy Mabe property described in Deed Book 1290, Page 268; thence South 720 59' 03" East 462.25 feet to a stone found; thence North 040 49' 42" East 257.17 feet to a point in the approximate center line of Fryes Creek; thence with Fryes Creek the following 7 calls and distances; 1) South 590 36' 50" East 32.53 feet to a point; 2) South 70' 28' 59" East 309.97 feet to a point; 3) South 670 51' 12" East 344.43 feet to a point; 4) South 650 51' 59" East 114.99 feet to a point; 5) South 860 24' 56" East 73.80 feet to a point; 6) North 780 49' 37" East 71.84 feet to a point; 7) South 820 16' 47" East 114.16 feet to a point; thence leaving said creek South 180 25' 18" West 360.25 feet to a new iron pin; thence South 030 38' 18" West 552.00 to a new iron pin; thence North 860 34' 42" West 50.00 feet to a new iron pin; thence South 030 25' 18" West 1,100.00 feet to a new iron pin; thence South 770 04' 42" East 400.00 feet to a new iron pin; thence South 02' 31' 30" West 689.24 feet to an existing iron pin; thence North 880 59' 35" West 353.75 feet to an existing iron pin; thence North 880 59' 39" West 731.28 feet to a new iron pin; thence North 020 16' 31" West 1,131.90 feet to a new iron pin; thence North 85" 24' 11" West 527.25 feet to a rebar found located in the Southeast corner of the Tyrone Wayne Link property described in Deed Book 2365, Page 964 thence with Link's East line and falling in with the Huffman tract 3 as described in Deed Book 2462, Page 1359 North 030 05' 04" East 959.70 to an existing iron pin located in the Southeast corner of the Joel W. Williams property described in Deed Book 2160, Page 573; thence with Williams' East line North 030 06' 59" East 485.96 feet to a stone found in Rebecca Teal Mabe's Southeast corner; thence with Mabe's East line North 03' 00' 39" East 312.17 feet to a rebar found, THE POINT AND PLACE OF BEGINNING and containing 80.234 acres and designated as A-5 as shown on survey for Clayton Properties Group, Inc. by Jamestown Engineering, Inc. dated June 29, 2021 and designated as Job No. 2020070. Reference is hereby made to said survey for a more particular description. Said parcel is also informally known as Davidson County tax parcel #0301200000002. 2022027880 EXHIBIT A 7-1 Robana 46.569, 17.853 & 3.280 acres Contract- Tract 2 BEGINNING at an existing iron pipe located in the Northwest corner of the Virginia S. Reich property (second tract of Deed Book 2291-1586); thence with existing iron pipe South 01' 47' 22" West 546.20 feet to an existing iron in the Northwest corner of the Jeffrey Craver Reich property described in Deed Book 2048, Page 141; thence with Reich's West line South 01" 47' 39" West 546.61 feet to an existing iron pin located in the Northwest corner of Gregory Lynn Reich property described in Deed Book 1125, Page 510; thence with Reich's West line South 010 39' 11" West 19.34 feet to an existing iron; thence North 880 58' 45" West 212.47 feet to a rebar located in the approximate center line of Daydream Lane ( private road); thence North 880 59' 22" West 678.53 feet to an existing iron pin; thence North 020 31, 30" East 689.24 feet to a new iron pin; thence North 030 25' 51" East 1,536.00 feet to a new iron pin; thence South 860 40' 18" East 332.00 feet to a new iron pin; thence North 000 58' 29" West 66.00 feet to a new iron pin; thence North 670 03' 41" East-584.92 feet to a point in the approximate center line Fryes Creek; thence South 020 41' 06" West 188.69 feet to a new iron pin; thence South 790 57' 29" East 903.85 feet to a new iron pin located in the West right of way line of South Union Grove Road; thence with the West right of way of said road South 180 10' 44" West 147.61 feet to a point; thence with said right of way South 180 04' 36" West 72.25 feet to a point; thence crossing said road South 88' 37' 07" East 62.64 feet to a point in the East right of way line of said road; thence with the East right of way South 180 04' 36" West 245.70 feet to a point; thence continuing with said East right of way South 170 58' 50" West 299.85 feet to a point; thence South 170 46' 54" West 199.83 feet to a point; thence South 170 39' 10" West 158.25 feet to a point; thence crossing said road North 880 38' 32" West 62.51 feet to an existing iron pin located in the West right of way line of said road; thence leaving said road North 880 38 32 West 600.87 feet to an existing iron pin THE POINTAND PLACE OF BEGINNING and being designated asA-3, 46.569 acres; A-8 17.853 acres and A-9 3.280 acres as shown on a survey for Clayton Properties Group, Inc. by Jamestown Engineering Group dated June 29, 2001 and designated as Job No. 2020070. Reference is hereby made to said survey for a more particular description. 2022027880 EXHIBIT A ®a-. Robana 5.546 acres Contract- Tract 3 BEGINNING at a new iron pipe located in the West right of way line of South Union Grove Road and also being located in the Southeast corner of tax parcel 0301200000005; thence leaving SAID BEGINNING POINT North 79 57 29 West 903.85 feet to a new iron pipe; thence North 020 41 06 East 188.69 feet to a point in the approximate center line of Fryes Creek; thence the following 14 courses and distances with the center line of said creek (1) North 850 58' 29" East 95.62 feet to a point; (2) South 880 27 05„ East 92.76 feet to a point; (3) South 860 31' 17" East 88.22 feet to a point; (4) North 780 52 10„ East 92.77 feet to a point; (5) South 750 05, 48" East 90.98 feet to a point; (6) North 430 23' 24" East 34.75 feet to a point; (7) South 730 53' 25" East 74.00 feet to a point; (8) North 850 24' 34" East 53.73 feet to a point; (9) South 540 06' 53" East 32.78 feet to a point; (10) North 87' 02 10„ East 41.46 feet to a point; (11) South 670 37' 47" East 100.53 feet to a point; (12) South 820 17' 32" East 101.17 feet to a point; (13) North 850 50' 26" East 62.70 feet to a point; (14) South 570 18' 02" East 47.98 feet to a point located in the West right of way line of South Union Grove Road; thence with the West right of way of said road South 180 50' 18" West 119.94 feet to a new iron pipe; thence South 180 17' 39" West 152.39 feet to a new iron pipe THE POINT AND PLACE OF BEGINNING and containing 5.546 acres being designated as A-1 on a survey for Clayton Properties Group, Inc. by Jamestown Engineering Group dated June 29, 2021 and designated as Job No. 2020070. Said property also being designated as Tax ID 03012000000005. Reference to said survey is hereby made for a more particular description. 2022027880 EXHIBIT A — )• Dan Delapp Hege et ux. 26.937 & 8.041 acres Contract- Tract 4 (A-6, A-7) BEGINNING at a rebar found located in the Northeast corner of the Nifong Verge Edward, Jr. property described in Deed Book 364, Page 579 and also being located in the South line of the Tyrone Wayne Link property described in Deed Book 2365, Page 964; thence with Link's South line South 850 06' 34" East 332.65 feet to a new iron pipe; thence South 85° 06' 34" East 479.14 to a rebar found; thence South 85' 24' 11" East 527.25 feet to a new iron pipe; thence South 020 16' 31" East 1,131.90 feet to a new iron pipe; thence South 880 59' 39" East 731.28 feet to an existing iron pipe; thence South 020 25' 51" West 711.56 feet to an existing iron pipe; thence North 890 05' 12" West 341.03 feet to a bolt; thence North 310 09' 19" West 372.01 feet to a new iron pipe; thence North 49 39 09'West 629.34 feet to a flat bar found; thence North 890 8 2 ' 46" West 133.82 feet to a new iron pin; thence North 890 28' 20" West 100.84 to a flat bar found; thence North 270 45' 12" West 179.10 feet to a rebar found; thence North 310 02' 57" West 841.76 feet to a 1 X inch solid iron round top found; thence North 760 17' 34" West 271.73 feet to a 1 X existing iron pipe found; thence North 10 01 09 West 293.27 feet to a rebar found THE POINT AND PLACE OF BEGINNING and containing 26.937 acres in A-6 and 8.041 acres in A-7 as shown on survey for Clayton Properties Group, Inc. by Jamestown Engineering Group dated June 29, 2021 and designated as Job No. 2020070. Reference is hereby made to said survey for a particular description. Said parcels being known as a portion of tax parcel 0301400000027. 2022027880 EXHIBIT A a _� Len Walter Hege et. ux. 23.198 acres Contract- Tract 5 (A-4) Commencing at an existing iron pin located in the Southwest corner of Robana Properties, LLC tract 3 that is described in Deed recorded in Book 2340, Page 1186 ; thence from said existing iron pipe North 02' 31' 30" East 689.24 feet to a new iron pipe THE POINT OF BEGINNING; thence from the BEGINNING POINT North 770 04' 42" West 400.00 feet to a new iron pipe; thence North 030 25' 18" East 1,100.00 feet to a new iron pipe; thence South 860 34' 42" East 50.00 feet to a new iron pipe; thence North 03' 38' 18" East 552.00 feet to a new iron pipe; thence North 18' 25' 18" East 360.25 feet to a point located in the approximate center line of Fryes Creek; thence with the approximate center line of Fryes Creek the following 19 calls and distances; 1) North 750 02' 59" East 80.08 feet; 2) South 610 36' 16" East 38.1 feet; 3) North 82' 53' 37" East 63.93 feet; 4) South 740 39' 02" East 60.02 feet; 5) North 880 49' 14" East 62.69 feet; 6) South 73° 09' 26" East 195.46 feet; 7) South 180 55' 47" East 13.15 feet; 8) South 860 37' 28" East 68.1 feet; 9) South 140 36' 53" East 49.92 feet; 10) North 470 22' 02" East 30.10 feet; 11) North 880 43' 29" East 35.68 feet; 12) South 380 43' 41" East 39.69 feet; 13) South 800 53' 09" East 3.49 feet; 14) South 800 53' 09" East 97.95 feet; 15) South 380 08' 34" East 41.64 feet; 16) South 820 57' 54" East 32.65 feet; 17) South 680 24' 27" East 101.99 feet; 18) South 500 48' 50" East 61.15 feet; 19) South 87' 00' 32" East 134.53 feet; thence leaving said creek South 670 03' 41" West 584.92 feet to a new iron pin; thence South 000 58' 29" East 66 feet to a new iron pin; thence North 860 40' 18" West 332.00 feet to a new iron pin; thence South 030 25' 51" West 1,536.00 feet to a new iron pin THE POINT AND PLACE OF BEGINNING and containing 23.198 acres and being designated as A-4 as shown on survey for Clayton Properties Group, Inc. by Jamestown Engineering Group dated June 29, 2021 and designated as Job No. 2020070. Reference is hereby made to said survey for a more particular description. The property described above is also known as a portion of Davidson County tax parcel #0301200000042. 2022027880