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HomeMy WebLinkAbout20050732 Ver 37_Individual_20161208WETLANDS 1 ..L WATERS U Andy Williams US Army Corps of Engineers Raleigh Regulatory Field Office 0 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Corps AID# 200121252; DWR# 2005-0732 Individual Permit Renewal NNP Briar Chapel, LLC Attn: Bill Mumford 1312 Briar Chapel Parkway Chapel Hill, NC 27516, Chatham County Mr. Williams, July 11, 2016 D U ..9 2016 DEQ -WATER RESOURCES 401 & BUFFER PEgmITTING The purpose of this correspondence is to request an additional 110 linear feet of stream impacts and 72 square feet of wetlands impacts for an extension of an Individual Permit that was issued for the Briar Chapel site, referenced above. The Briar Chapel permit was originally filed in 2006, updated in 2009 and 2011 and set to expire Dec. 31, 2016. At the time the permit was filed it was expected that all lots would be sold and construction would be completed within approximately 10 years. With the economic recession and housing crisis that began in 2008-09, it was obvious that original goals would not be met and therefore a permit modification would need to be requested. It is now apparent that a further extension will be required through 2023. Furthermore, there are several conditions of the permit that no longer apply to the development that is being currently undertaken, and some of the impacts have either not been needed or were less impactful in the field than anticipated. We are asking that these differences be taken into account for the potential future permit modifications. Our desire is to keep this review as simple as possible making it essentially an administrative action. The Briar Chapel development is located in the Upper Cape Fear River Basin within the USGS Hydrologic Unit 03030002. The project consists of approximately 1,580 acres in northern Chatham County, with a considerable amount left in open space and much of it under voluntary conservation easements. Pokeberry Creek and its tributaries are the primary waters present on site, along with 59.3 acres of jurisdictional wetlands. With the close proximity to Jordan Lake exhaustive efforts were made to identify environmental concerns and minimize impacts to Waters of the United States. From the time of the original permit drawings wetland impacts and stream crossings were eliminated to ensure minimal disturbance of streams and wetlands, with mitigation efforts to offset any unavoidable impacts. CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY 1 70 DEW DROP ROAD 41 OB LB PROPST DRIVE SPARTA, NC 28675 CONOVER, NC 2861 3 336.406.0906 828.302.3437 CHRIS. HUYSMAN@GMAIL.COM JTAMPBANDY@GMAIL.COM Page 12 It is important to note that Newland Communities has chosen to include the US Steel property within this renewal. The adjoining parcel, purchased in 2013, was previously reviewed under Action ID SAW 2015-00666 as a separate and complete project. The parcel, comprised of 131 acres and which qualifies as a conservation subdivision under the Chatham County Subdivision Ordinance, has been added to the assemblage without increasing the wetland or stream impacts. When approved, total project impacts will include 2347 linear feet of permanent stream impacts and 0.4390 acres of permanent wetlands impacts. Wetland Delineation The previous wetland delineation has been reviewed over the course of the project's history in order to stay current with regulatory definitions of Waters of the U.S. This was necessary to ensure that jurisdictional relevance was maintained in regard to the scope of current construction efforts as well as future potential impacts. We see no need to re -delineate the site in consideration that any very minor changes are confined to areas within County administered stream buffers. It is important to recognize that the County regulates ephemeral streams and their buffers; these are shown on the site plans. as they are integral to the development vision of the property. It is not anticipated that the renewal of this permit for the completion of this project would lead to future development beyond that contemplated in the original permit review, nor was this intended to be or implemented as a phased project. Rather, it is simply a consequence of the state of the current and previous economic situation. Approved and Observed Impacts Briar Chapel was originally permitted for 0.4374 acres of permanent wetlands impacts, with an additional 0.197 acres of temporary impacts for road crossings as well as utility crossings. Attachment 1: Approved and Observed Impacts includes maps, photographs and tables relating to the completed and proposed impacts. Impact amounts are based on the most recent revised impacts that were submitted, dated May 8, 2009, and are shown in the attached table Figure 1: 2016 Briar Chapel Site Plan. To date 0.4284 acres of wetlands impacts have been completed, with only 0.01 acres more necessary for the completion of the project. The Briar Chapel development was also permitted for 2237 linear feet of permanent stream impacts, with 634 linear feet of temporary stream impacts, also to be used for road and utility crossings. These numbers are shown in Attachment 1.2. To date 1970 linear feet of stream impacts have been completed, with 377 further necessary for project completion. Compensatory mitigation was required at ratios ranging from %:1 to 2:1, with approximately 2,000 linear feet of stream restoration conducted at the Harpers Crossroads site. This mitigation exceeds the net required amount by the conditions of the original permit. There were several temporary impacts for utility crossings that were proposed with the original permit, totaling 0.137 acres of temporary wetland impacts and 211 linear feet of temporary CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC• TAMP BANDY 1 70 DEW DROP ROAD 41 08 LS PROPST DRIVE SPARTA, NC 28675 CONOVER, NC 28613 336.406.0906 828.302.3437 CHRIS.HUYSMAN@GMAIL.COM JTAMPBANDY@GMAIL.COM Page 13 stream impacts. Several of these utility crossings did not end up being built as it was determined that the gravity fed sewer that ran parallel to Pokeberry Creek was not necessary. To date only three of the nine original utility crossings have been completed, leaving a net total of only 134 linear feet of stream being temporarily impacted. None of the completed utilities impacted jurisdictional wetlands. Further, the water treatment facilities designed to treat the wastewater effluent have been transferred to Old North State Utilities with the provision that this treatment is carried out in the same manner as to ensure the prior standards of treatment. Mitigation Compensatory mitigation was completed as a combination of on-site preservation of 63,412 linear feet of stream as well as off-site mitigation. Attachment 2. Mitigation Documentation includes agency correspondence and information relating to the required conservation easements. The Harpers Crossroads stream restoration site was chosen to be the off-site mitigation for the impacts from the Briar Chapel development. This mitigation site has been completed and restored as a fully functional stream using the Natural Channel Design Methodology, including five years of monitoring per USACE Stream Mitigation Guidelines to ensure that ecological functionality was restored in full. On-site stream preservation increases by 6,210 linear feet when the US Steel property is included in the Briar Chapel project area. These streams are encompassed within buffers required by the Chatham County Conservation Subdivision approval. Stormwater Controls Stormwater compliance has been a point of emphasis throughout the Briar Chapel project and all conditions regarding stormwater compliance have been met. Attachment 3: Stormwater Documentation includes select BMP approvals and monitoring information. To that end two examples of working stormwater BMP's have been provided in the attachment, with these two wet ponds serving to store and treat stormwater runoff during and after storm events. These two ponds are just a small sampling of the extensive stormwater treatment that Briar Chapel has constructed, including 5 stormwater BMP's that have been either been converted or competed and certified. An additional 5 stormwater BMP's are planned and will be completed by the expiration of the permit. Briar Chapel engaged in an Environmental Monitoring Program for the purposes of addressing concerns that the development would have detrimental impacts on nutrient loading to the on- site tributaries that drain to Jordan Lake. This monitoring was conducted by Eagle Resources from 2007 through 2015, with two types of monitoring stations installed and monitored three times per year: surface water and groundwater stations. Based on extensive analysis of parameters most likely to indicate effects of development (pH, Fecal Coliform, Turbidity, Dissolved Oxygen, Total Kjeldahl Nitrogen, Total Phosphorous and Total Dissolved Solids) it was determined that there is no statistically significant impact on nutrient loading as a result of the Briar Chapel development. Based on this report it was advised by the Division of Water CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY 1 70 DEW DROP ROAD 41 OB LB PROPST DRIVE SPARTA, NO 26675 CONOVER, NO 28613 336.406.0906 B2B.302.3437 CHRIS. HUYSMAN@GMAIL.COM JTAMPBANDY@GMAIL.COM Page 14 Resources and Eagle Engineering that the majority of the monitoring stations be relegated to inactive (with the exception of recent stations installed in 2013) as it was clear that such stringent monitoring was no longer necessary. This documentation is shown as Attachment 3.2: Eagle Engineering Monitoring. General Conditions All general conditions of the original permit, dated October 2, 2006 have either been met or are still in current compliance. Special Conditions The following special conditions were set forth in the original permit, dated October 2, 2006 and are addressed below: Work Limits 1. All work authorized by this permit must be performed in strict compliance with the attached plans (Exhibit A), which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. Updated versions of "works limits" maps are included as Figure 1: 2016 Briar Chapel Site Plan. All submitted plans are representative of the most recent updates. 2. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. This condition has been met and the project continues to be in compliance. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. This condition has been met and the project continues to be in compliance. Related Laws CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY 1 70 DEW DROP ROAD 41 08 LB PROPST DRIVE 5PARTA, NO 28675 CONOVER, NO 28613 336.406.0906 828.302.3437 CHRIS. HUYSMAN@GMAIL.COM JTAMPBAN DY Q�GMAIL.COM Page I5 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. This condition has been met and the project continues to be in compliance. The above phone numbers have changed to the following: Project Maintenance 5. The permittee shall advise the USACE in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. Additionally, prior to beginning the work authorized by this permit, the permittee shall hold a pre -construction meeting with the USACE, Raleigh Regulatory Field Office Project Manager (available at telephone 919-876-8441) with the USACE and the contractor who will perform the authorized work. This condition has been met and the project continues to be in compliance. 6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. This condition has been met and the project continues to be in compliance. 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site at all times during construction and maintenance of this project. This condition has been met and the project continues to be in compliance. 8. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an unacceptable increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC• TAMP BANDY 1 70 DEW DROP ROAD 41 08 LB PROPST DRIVE SPARTA, NC 28675 CONOVER, NC 28613 336.406.0906 628.302.3437 CHRIS. H UYSMAN@GMAIL.COM JTAMPBANOY@GMAIL.COM Page 16 of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). This condition has been met and the project continues to be in compliance. 9. The permittee, upon receipt of a notice of revocation of this permit, or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. This condition has been met and the project continues to be in compliance. 10. The permittee shall ensure that culverts placed in waters of the U.S., as authorized by this permit, are installed in such a manner that adjacent stream segments are not altered. Existing stream dimensions (including the cross section dimensions, patterns and longitudinal profile) must be maintained upstream and downstream of each culvert. The culverts shall be designed and installed to allow for the passage of aquatic life and to prevent head -cutting of the streams. Any pipes installed in a perched manner, may be required to be removed and re -installed correctly. This condition has been met and is documented in the photographs attached in this request. 11. Stream banks shall be stabilized immediately following disturbances associated with authorized road and utility crossings. For all temporary impacts, the final stream dimensions shall match pre -project conditions. Where tree removal is required, stumps and roots shall remain intact wherever possible. All riprap placed for stabilization within streams shall be placed only on the banks of the channel if possible. Any riprap placed on the streambed shall be embedded into the substrate to allow the passage of aquatic life and prevent any impoundment during low flow conditions. This condition has been met and is documented in the photographs attached in this request. Enforcement 12. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. This condition has been met and the project continues to be in compliance. CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP SANDY 1 70 DEW DROP ROAD 41 08 LS PROPST DRIVE SPARTA, NC 28675 CONOVER, NC 2861 3 336.406.0906 828.302.3437 CHRIS.HUYSMAN@GMAIL.COM JTAMPSANDY@GMAIL.COM Page 17 Mitigation 13. In order to compensate for permanent impacts to 0.6655 acre of wetlands the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 0.6655 acre of riparian, forested wetlands in the Cape Fear River Basin, Cataloging Unit 03030002. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NCEEP and provided a copy of the payment documentation to the USACE, and the NCEEP has provided written confirmation to the USACE that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. This condition has been met and all payment to NCEEP (now the Division of Mitigation Services) has been completed. See Attachment 2: Mitigation Documentation. 14. The Permittee (and any successors and assigns) shall cause to be recorded in the Register of Deeds for Chatham County the "Declaration of Covenants and Restrictions — Riparian Areas," the draft form of which is attached as Exhibit C, for the purpose of preserving and protecting all jurisdictional streams and wetlands located on the project site, including parcels not currently owned by Permittee, in their natural state in perpetuity. The covenants and restrictions, as approved by the USACE, shall be recorded on any parcel within the project within thirty (30) days following the execution of this permit or within thirty (30) days following acquisition of the parcel in question, whichever is later. In addition, the covenants and restrictions shall be recorded on any parcel within the project, and a copy of the recorded covenants and restrictions provided to the USACE, prior to any impacts to waters and wetlands on the parcel and prior to the sale or conveyance of any lots, phases, or other property within the parcel. The permittee shall enforce the terms of the restrictions set forth in the deed, and, prior to conveyance of the property, shall take no action on the property described in the deed inconsistent with the terms thereof. This condition has been completed. See Attachment 2: Mitigation Documentation. 15. The permittee shall provide stream restoration in accordance with the plan entitled "Harpers Crossroads Stream Restoration Plan" dated September, 2005. The restoration site, which was authorized with a separate DA nationwide permit (USACE Action ID No. 200420489), has already been constructed. The as -built report dated June 12, 2006, states the total stream restoration generated by the project as 2,127 linear feet. Within 90 days of the USACE's determination that the Harpers Crossroads Stream Restoration CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. 1 70 DEW DROP ROAD SPARTA, NC 26675 335.406.0906 CHRIS. HUYSMAN@GMAIL.COM TAMP BANDY 41 OB LS PROPST DRIVE CONOVER, NC 2661 3 626.302.3437 JTAMPBANDY@OMAIL.COM Page 18 Project has met the success criteria outlined in the "Harpers Crossroads Stream Restoration Plan," the permittee shall arrange for the transfer of the existing conservation easements to a third -party grantee, subject to approval by the USACE. The permittee shall also implement changes to the boundaries of the conservation area to reflect the project as constructed. This condition has been met, and the Harpers Crossroads Stream Restoration Project has been completed with all success criteria met or exceeded. See Attachment 2: Mitigation Documentation. Cultural Resources 16. If based on the report of the archaeological survey and testing conducted by Environmental Services, Inc. for Newland Communities and submitted on August 8, 2006 to the State Historic Preservation Office/Office of State Archaeology (HPO/OSA) pursuant to Section 106 of the National Historic Preservation Act as amended, either of the two archaeological sites that were tested (31CH823** and 31CH824**) are determined to be eligible for inclusion in the National Register of Historic Places, consultation with the HPO/OSA and the USACE will be undertaken to determine if any eligible sites will be affected by project activities. This condition has been met and the project continues to be in compliance with SHPO recommendations. 17. If any eligible sites will be affected, consultation with the HPO/OSA and the USACE shall be undertaken to develop a Memorandum of Agreement outlining the measures to be undertaken to mitigate adverse effects. This condition has been met and the project continues to be in compliance. 18. The five cemeteries (31CH805**-31CH808** and 31CH811**) will be preserved in place and not affected by project activities. /fit is determined at some future date that any of these cemeteries cannot be preserved, grave removal shall be undertaken in accordance with NCGS Chapter 65, Article 5. This condition no longer applies to grave (31CH806**) as the grave was previously relocated by family in accordance with current state protocol. All other identified grave sites remain preserved in place and are not affected by the project. Appendix B: SHPO Correspondence. 19. Archaeological site 31CH809**is not located within an area proposed for development or other ground disturbing activities and shall be preserved in place. If it is determined at some future date that the site cannot be preserved, investigations shall be undertaken CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY 1 70 DEW DROP ROAD 4108 LS PROPST DRIVE SPARTA, NC 28675 CONOVER, NC 28613 336.406.0906 828.302.3437 CHRIS.HUYSMAN@C3MAIL.COM JTAMPBANDY@GMAIL.COM Page 19 in consultation with the HPO/OSA and USACE to determine its eligibility for inclusion in the National Register of Historic Places. This condition has been met and the project continues to be in compliance. 20. If 31CH809** is determined to be eligible and it will be affected by project activities, consultation with the HPO/OSA and the USACE shall be undertaken either to amend the existing Memorandum of Agreement or develop one outlining the measures to be undertaken to mitigate adverse effects. This condition has been met and the project continues to be in compliance. Please do not hesitate to call me at 336.406.0906 with any questions that you might have or to arrange an office meeting to review this submittal. st regards, Whris Huy man CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. 1 70 DEW DROP ROAD SPARTA, NC 26675 336.406.0906 CHRIS. HUYSMAN@GMAIL.COM TAMP BANDY 41 OB LB PROPST DRIVE CONOVER, NC 2861 3 B28.302.3437 JTAMPBAN DY@BMAIL. COM i #t(i91 C�WvJ s3o8nos3a 831—d QM&Ggag° -1171 YpmL � / Figure 1 2016 Briar Chapel Site Plan WETLANDS t& WATERS BRIAR-\ CHAPEL' by - Newland OMMUNITIES Additional Impacts Summary Permit Modification Briar Chapel has 267 linear feet of surplus stream impacts that were not utilized from the previous submittal. Proposed additional stream impacts total 377 linear feet, leaving a total difference of 110 linear feet for the permit modification. Similarly, the wetland impact modification totals 72 square feet. These numbers are shown in the table above. With 411 feet of surplus mitigation from the previous submittal, no new mitigation is proposed. I CONCEPTUAL SITE PLAN dF Temporary Utility Impacts Summary Permanent Stream Impacts Summary Impact impact) (temporary p act ) (temporary impact) (temporary impact rossing 1* 20 0.0000 20 rossing 2* 20 0.0000 20 rossing 3* 21 0.0000 21 :rossing 4 41 0.0000 0 :rossing 5 50 0.0000 0 :rossing 6 43 0.0000 0 rossing 7* 20 0.1230 20 rossing 8* 24 0.0000 24 rossing 9* 0 0.0140 0 Total 239 0.1370 105 Permanent Stream Impacts Summary Impact Permitted Observed un -impacted Mitigation Ratio Required Stream mitigation Impact (LF) impact (LF) Surplus (LF) Applied Mitigation (LF) Surplus (LIF) A 4 4 0 1:1 4 0 B 166 166 0 2:1 332 0 C 0 0 0 N/A 0 0 D 181 181 0 2:1 362 0 E 129 84 45 2:1 258 90 F 213 213 0 2:1 426 0 G 296 296 0 1:1 296 0 H 257 257 0 1:1 257 0 1 83 83 0 1/2:1 42 0 L 123 0 123 1:1 123 123 M 310 310 0 2:1 620 0 N 0 0 0 N/A 0 0 O 148 148 0 1:1 148 0 S 58 58 0 1:1 58 0 T 36 36 0 1:1 36 0 U 233 134 99 2:1 466 198 Total 2237 1970 267 3428 411 NORTH SCALE: 1" = 500' 0 500 1000 1500 Permit Modification —x Aldi Impacts Un -impacted Surplus olfference' Stream. 377 Lf, 267 Lf. .110 Lf. WETLANDS Wetland 464 392 s.f. 72 s.f. Briar Chapel has 267 linear feet of surplus stream impacts that were not utilized from the a _Y Sc WATERS previous submittal. Proposed additional stream impacts total 377 linear feet, leaving a total difference of 110 linear feet for the permit modification. Similarly, the wetland impact modification totals 72 square feet. These numbers are shown In the table above. With 411 I. of surplus mitigation from the previous submittal, no new mitigation Is proposed. CONCEPTUAL SITE PLAN BRIAR CHAPEL'S�[� by - 1 Newland COMMUNITIES Additional Impacts Summary Temporary Utility Impacts Summary Impact Title Linear feet of Channel Acreage of Wetlands Linear feet of5urplus c O (temporary impact) (temporary impact). (temporary impact) Crossing 1- 20 0.0000 20 Crossing 2' 20 0.0000 20 Crossing 34 21 0.0000 21 Crossing 4 41 0.0000. 0 Crossing 5 50 0.0000 0 Crossing 6 43 0.0000 0 Crossing 7• 20 0.1230 20 Crossing 8• 24 0.0000 24 Crossing 9" 0 0.0140 0 Total 239 0.1370 105 "Not constructed A B C 0 E F G H I L M N 0 S T U Permanent Stream Impac ry Permitted serve n-impacte nig: j egmre Stream Omugaf Impart (LF) Impact (LF) Surplus (LF) A. Mitigation (LF) Surplus (I 4 4 0 1:1 4 0 166 166 0 2:1 332 0 0 0 0 N/A 0 0 181 181 0 2:1 362 0 129 84 45 2:1 258 90 213 213 0 2:1 426 0 296 296 0 1:1 296 0 257 257 0 1:1 257 0 83 83 0 1/2:1 42 0 123 0 123 1:1 123 123 310 310 0 2:1 620 0 0 0 0 N/A 0 0 148 148 0 1.1 148 0 58 58 0 1:1 58 0 36 36 0 1:1 36 0 233 134 99 2:1 466 198 2237 1970 267 3428 411 Permanent Wetlands Impacts Summary Impact permitted Observed Un -impacted p Impact(acres) Impact (acres) Surplus (acres) A 0.0372 0.0372 0 B 0.0018 0.0018 0 C 0 0 0 D 0.0282 0.0282 0 E 0.0065 0.0065 0 F 0 0 0 G 0.0095 0.0095 0 H 0 0 0 1 0.0003 0.0003 0 L 0 0 0 M 0 0 0 N 0.3449 0.3449 0 0 0 0 0 S 0 0 0 T 0 0 0 U 0.009 0 0.009 Im act B Total 0.4374 0.4284 0.009 _.. _ -_- 1 -7 , ;� //' L' •.. - .lit ,fi�' -;: `. r.—..�-�a A 9 1�VRsy�� c O NORTH o n O � S_ SALE=" = 500' , - Impact L — 0 500 1000 15oo PERMANENT CHANNEL IMPACT 112 LF (225 SF) 50' RIPARIAN BUFFER 10' COUNTY NO -BUILD BUFFER PERMANENT CHANNEL IMPACT 112 LF (225 SF) MCMM&CREED 1730 Varsity Drive, Suite 500 Raleigh, North Carolina 27606 0:919.233.8091 F: 919.233.803 4* I 1 AID#: 2001-21252 IMPACT V BRIAR CHAPEL Q� J Scale: 1"=40' 0 20 40 Date: Nov 18, 2016 CLIFFDALE ROAD 224 LF 50' COUNTY WETLAND BUFFER / PERMANENT WETLAND IMPACT 224 SF McI &CREED 1730 Varsity Drive, Suite 500 Raleigh, North Carolina 27606 0:919.233.8091 F: 919.233.803 AID#: 2001-21252 IMPACT W BRIAR CHAPEL Scale: 1"=40' 0 20 40 Date: Nov 18, 2016 PERMANENT CHANNEL IMPACT / 82 LF (247 SF) ABERCORN CIRCLE PERMANENT CHANNEL IMPACT 82 LF (247 SF) �cED AID#: 2001-21252 1730 Varsity Drive, Suite 500 IMPACT X Raleigh, North Carolina 27606 0: 919.233.8091 F: 919.233.8031 BRIAR CHAPEL 10' COUNTY NO -BUILD BUFFER 50' RIPARIAN BUFFER Scale: 1"=40' o zo ao Date: Nov 18, 2016 PERMANENT CHANNEL IMPACT 130 LF (422 SF) 42" RCP WITH ENDWALLS RIPRAP OUTLET 10' COUNTY PROTECTION NO -BUILD BUFFER 50' RIPARIAN BUFFER W U Q J z 0 W J 0 PERMANENT CHANNEL IMPACT 130 LF (422 SF) IMS &CREED AID#:2001-21252 1730 Varsity Drive, Suite 500 1 M PACT Y Raleigh, North Carolina 27606 0: 919.233.8091 F: 919.233.8031 BRIAR CHAPEL Scale: 1"=40' 0 20 40 Date: Nov 18, 2016 10' COUNTY NO -BUILD BUFFER 50' RIPARIAN BUFFER PROTECTION PERMANENT CHANNEL IMPACT 130 LF (388 SF) NFKRO&CREED 1730 Varsity Drive, Suite 500 Raleigh, North Carolina 27606 0:919.233.8091 F: 919.233.8 AID#: 2001-21252 Scale: 1"=40' M PACT Z 20 °° Date: BRIAR CHAPEL Nov 18, 2016 Attachment 1 Approved and Observed Impacts Attachment 1.1 Impact Location Map Briar Chapel `, \ s� r Impact Location. • flssing r C rOS sing H 0 Of x ", s,. .` Crossing G ' _ J -- C ro s's n g._F w _l. Ccrossing C (Bridge) w 141 • I 1� } Crossing E IX ossiM g� -ossin B'r Crossing D ssing. M -- , N-�------ : r � �ros�sin I Cassi Cros�sin3g S V m. ..�Cros`sing U 711 r I M Oc ro"ss`ing L t . Google-eart -._�`, © 2016 Google _...._ .....r .. ., C ssin �-%;� Crossing H { 4 Crossing)G f . Cross n g Al I _ t cCr ssing C (Bridge) cCrossing E Pr ossin !s , r 0 w rP Crossing D ssing,:M ---- 'ros,sfng » Crossg S I r. `. % ssing,U _ '114 '� . 4 t CCr ss,ingrL Googlc�eart , N © 2016 Google 1 mi Attachment 1.2 Impact Summary Table Stream Impacts Summary - Permitted Observed Un -impacted Mitigation Ratio Required Stream Mitigation Impact Impact (LF) Impact (LF) Surplus (LF) Applied Mitigation (LF) Surplus (LF) A 4 4 0 1:1 4 0 B 166 166 0 2:1 332 0 C 0 0 0 N/A 0 0 D 181 181 0 2:1 362 0 E 129 84 45 2:1 258 90 F 213 213 0 2:1 426 0 G 296 296 0 1:1 296 0 H 257 257 0 1:1 257 0 1 83 83 0 1/2:1 42 0 L 123 0 123 1:1 123 123 M 310 310 0 2:1 620 0 N 0 0 0 N/A 0 0 0 148 148 0 1:1 148 0 S 58 58 0 1:1 58 0 T 36 36 0 1:1 36 0 U 233 134 99 2:1 466 198 Total 2237 1970 267 3428 411 -- Wetland Impacts Summary Additional Impacts Un -impacted Permitted Observed Additional Impact Impact Surplus Impact Impact (acres) Impact (acres) Needed (acres) A 0.0372 0.0372 0 V 1121.f. B 0.0018 0.0018 0 W 224 s.f. C 0 0 0 X 240 s.f. D 0.0282 0.0282 0 Y 13S I.f. E 0.0065 0.0065 0 Z 1301.f. F 0 0 0 G 0.0095 0.0095 0 Total 377 I.f. / 464 s.f. H 0 0 0 1 0.0003 0.0003 0 L 0 0 0 M 0 0 0 N 0.3449 0.3449 0 O 0 0 0 S 0 0 0 T 0 0 0 U 0.009 0 0.009 Total 0.4374 0.4284 0.009 Figure 2. Utility Crossings Impacts from Table 2: Revised Impacts, May 8, 2009 Impact Title Crossing 1* Crossing 2* Crossing 3* Crossing 4 Crossing 5 Crossing 6 Crossing 7* Crossing 8* Crossing 9* Total *Not constructed Linear feet of Channel (temporary impact) 20 20 21 41 50 43 20 24 0 239 Acreage of Wetlands (temporary impact) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.1230 0.0000 0.0140 0.1370 Linear feet of Surplus (temporary impact) 20 20 21 0 0 0 20 24 0 105 Attachment 1.3 Impact Drawings and Photos GRAPHIC SCALE Briar Chapel D PERMANENT 40 0 20 a0 80 _ Permit Renewal WETLAND IMPACT WETLAND IMPACT = t inch 40 ft. _ a AID#: 2001-21252 Action ID#200121252 vNi NT WETLAND IMPACT 3 Impact A RY WETLAND IMPACT Permitted Impact: 4 If --k :i Observed Impact: 4 If Net: 0 NT STREAM IMPACT ) a Z / / PROPOSED FINAL W1 TING STREAM ARY / WET�IMPACT CHANNEL L) — �� — , PROPOSED PERMANENT EXISTING TEMPORARY II / WETLAND IMPACT LO \ STREAM IMPACT / i / o EXISTING PERMANENT / // / / SURVEYED TEMPORARY �� cy WETLAND IMPACT / j�' 7----WETLAND IMPACT (TYP.) (2009-03-31) PREVIOUSLY PERMITTED PERMANENT IMPACT FROM 11/2005 as _ { PRO D FINAL \�„ PERMA m �/� i / WETLAND IMPACT— — \�✓ I Ii n , PR U PERM I T FROM ✓' a� ti ;I ERMA 005 EXISTING EROSION CONTROL MEASURES o d, (TYP.) EXISTING TEMPORARY - s^ g WETLAND IMPACT , \ , PROPOSED FINAL L TEMPORARY WETLAND \ aIMPACT y PREVIOUSLY PERMITTED PERMANENT WETLAND ` \ IMPACT=0.0341 AC 70 LF 24" RCP (PIPE BURIED 0.4'} Z L 12 LF RIP RAP APRON PROPOSED FINAL IMPACT CHART Temporary Temporary U) Tem or Permanent Permanent Temporary Temporary Permanent Permanent Wetland Wetland Wetland 0 Crossing Channel Channel Channel Channel Wetland (SF) (AC) (SF) (AC) (LF) (SF) (LF) (SF) 0 0 1619 0.0372 1150 0.0264 gA 4 14 0 o ® PROS N0 NEW-03000 B �e� CEL THE JOHN R. MCADAMS ®COMPANY, INC. S eR>�NelRe: Sept. 07777 LLI CROSSING SECTION-A INOINEM/PUNNUS/SURVEYORS PARI, Nc 3 v d sceR e: 1 "_40' CHATHAM COUNTY, NORTH CAROLINA MUM,.o 4N= P.O. aox 1�oos zlr moo-soo6 o Rn DATE: 09-28-07 (919) Sol-6000 DIRECTION 318 deg(T) 35.82026°N 79.09035°W �4 COMMENT 1 "` t COMMENT briar chapel crossing ACCURACY; � jp DATUM WGS84 � 2.015-06-03 ; rir 3("N "79.09031°W ACCURACY 10 m DTRECTION 35 .8. 212 de�(T) DATUM WGS84 .T U r r .tee" 104 a y'r aM -.. t- J AL ., r► '4 a' n iii..', - `--� COMMENT 1 ~ ' COMMEND' 2015-06-03 briar chapel crosslnb " y ` 12:28:42-04:0.0 y PREVIOUSLY PERMITTED PERMANENT GRAPHIC SCALE qTRFAM IMPACT 40 0 20 40 80 Briar Chapel TREAM IMPACT N Permit Renewal TREAM IMPACT 1 1 inch = 40 ft. N AM IMPACT i PERENNIAL STREAM Q AID#: 2001-21252 I STREAM \CHANNEL WETLANDS o Impact B WETLAND IMPACT Permitted Impact: 166 If Y Observed Impact: 166 If STREAM IMPACT Net:O �� SU EYED MPORARY ' ND I ACT (TYP.) PERMANENT (2009-03 1) EXISTING EROSION (STING TEMPARY _ _ rF� \ CONTROL MEASURES ( STREAM IMPACT; (TYQ•) ( o PROPOSED F)KAL TEMPORARY' SURVEYEQ TEMPORAR ` tom" WETLANVIMPACT CHANCT NEL CT A' ''� 009-03-31 �-' i 0 REVIOUSLY PER ?, P ANENT W 1 q 1 IMPAC ' t` Q1, a SURVEYED TEMPORARY CHANNEL IMPACT PREVIOUSLY PERMITTED (2009-03-31)a �' / � j /----� i � PERMANENT STREAM 6 / IMPACT FROM 11 i N `F / v PROPOSEV NAL J _ pERMNT STREAM PR OSED FINAL TEMpRARY STREAM •, - - -''��- + C / IMPACT o '� l J � Action ID#200121252 rn � a __ ice_'---------- a _ ________----------------�. PREVIOUSLY PERMITTED PREVIOUSLY PERMITTED PERMANENT _ _ f---- PERENNIAL i PERMANENT STREAM WETLAND IMPACT=0.0018 AC STREAM /' IMPACT FROM 11/2005 PREVIOUSLY PERMITTED PERMANENT / CHANNEL, CHANNEL IMPACT=141 LF, 422 SF o 103 LF 60" RCP (PIPE BURIED 1.0') 038 LF RIP RAP APRON PROPOSE FINAL IMPACT CHART .9 Permanent Permanent Temporary Temporary Permanent Permanent Temporary ry Tempora Wetland Wetland Wetland Crossing Channel Channel Channel Channel Wetland o (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) B 166 497 14 43 81 0.0018 275 0.0063 0 4 THE JOHN R. MCADAMS u® PR07Ecr N0. N�1N-03000 CHAPEL COMPANY, INC. ' Rnx,vAUE: Sept. 07 Rev. aNO1NERRs/M0W1Ms/8 W=0R$ CROSSING SECTION-B 3 d scA+.E: 1 "-40, RESEARcs TRu1uc1� pARI(. NC U CHATHAM COUN•Y, NORTH CARO11NA P.O. BOX 14005 Zip 27709-4005 N DATE: (919) 301-5000 o^ to 09-28-07 AA x PREVIOUSLY PERMITTED PERMANENT Briar Chapel Permit Renewal AID#: 2001-21252 Impact D Permitted Impact: 181 If Observed Impact: 181 If Net: 0 DSED FINAL TEMPORARY SND IMPACT STREAM IMPACT STREAM IMPACT ENT STREAM IMPACT WETLAND IMPACT STREAM IMPACT T WETLAND IMPACT ( ED TE O F ET AD IMP, 03-31 PR. ¢1 WETLAN GRAPHIC SCALE 40 0 20 40 a0 1 inch = 40 ft. INWIM / � f•►' �Iji�i�1 LQ���St�f��s WETLANDS ���� r A' ti��lt"S�Y, Lj �iy'1• aPREVIOUSLY Lf) PERMANENT IMPACT rROM 11,gee SURVEYEDPERENNIAL STREAM CHANNEL TEMPORARY CHANNEL IMPACT (2009-03-31) Action ID#200121252 I I I I I PERENNIAL I STREAM —� CHANNEL PREVIOUSLY PERMITTED PERMAN�NT STREAM IMPACT,FROM 11/2005 SURVEYED TEMPC xCHANNEL IMPACT (2009-03-31) �i FINAL STREAM / �✓ EXISTING EROSION CONTROL MEASURES (TYP.) PREVIOUSLY PERMITTED PERMANENT WETLAND IMPACT=0.0320 AC PREVIOUSLY PERMITTED PERMANENT CHANNEL IMPACT=140 LF, 581 SF 100 LF 66" RCP (PIPE BURIED 1.0') 36 LF RIP RAP APRON PROPOSED FINAL IMPACT CHART Permanent Permanent Temporary Temporary Permanent Permanent Temporary T porary Crossing Channel Channel Channel Channel Wetland Wetland Wetland etland (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) D 181 736 39 117 1227 0.0282 337 0.0077 PRolecr No. NEW -03000 B CEL THE JOHN R. McADAMS 11COMPANY,INC. P"sAA1°E' Sept. 07 Rev. a SCALE. °_4o CULVERT CROSSING SECTION -D BNGINEE=/PLANNERS/SURVEYORS d , CHATHAM COUNTY. NORTH CAROLINA RRSEARCR TRIANGLE PAR[. Nc P.O. BOX 14006 ZIP 27700-1005 DATE: Qg-2$—Q% (919) 961-6000 ^ :35 849M C!" ACCURACY 5 m `255 deg (T) 79.09714°1 DATUM WG584 AO KI �q y A Briar Chapel "crossing D 206-®4-14 13:51:26-94:00 DIRECTION 3! .$ °M A ' URkt 'e4471 88 deg (T 79.09761`W DA` L WG 16��� �s ..� 1 a ``^ ��I i r y.3. kt� f�i'c[�l�.e��• ' �Mk �� t� ��f� �• . U;71 r � ^` ,fit d � �+ � + �'�i'-< � • � y �, t4 _ ,r�,'r 11 i M� � - t � yr,� 4 • � � �1F: .�1i a 'Y � `•` TY _ — _ � —_ � -� . _ !`•, y� •y��.� 41 J-W L' ;fit-T.�"^�y� • '"'m'' !. �i ` r. �i!'n �. 1 i .. 1 ��i�. s � 1► . N' r P _, r Chapet crossing D 2016-04-14 _ _ 13:53:02-04:00 PRIVATE WILT, EASEMENT— w E 0E L@ -ROTE '.AR. SIPEAM i.PAkk'1 91DEWALn (11P.J ,E2 Sf (ESiIMAiElY1CONCRETE ADEWAtn (T)'P.1 —TESTREAM IMPAI'i j11 Lf, 162 Sf (ESTIMATED) PCPMITIED PERMANENT ACT �Iy9'Lr. 1ANDAR1. —WALL fbR PERMITTED PERMANENT— JNANNEL IMPACT i19 1.. 15 INI IN - 12— IN40E �tCf: 108.•22- JOTSIDE/ OP: Af O.i STAnOARD 1wi L EOR—� OPE P - IU ERAiNAGE— n>EMfNI (T 111 / R1.111ED PfkMANENTJ CIIAIINII IMPACT: P rin n1.uvl IA 4I`jju'eE••:.3 5PRIvn 11 u l NE. R - Briar Chapel Permit Renewal AID#: 2001-21252 Impact E Permitted Impact: 129 If Observed Impact: 84 If Net: 45 P5 TEMPORASTIRY NEI IMPACT '.f 9. PA v E(ESTIMATED; sM •1q I �— _ � ��uv aco.9� J � N91DE TOP: IG�.3T / I\ CLASS f FI \ 11A CCU TO 1IM115 —111 I / ? \'—ST':`D `RD 1NNGWA ll EOP ,A/ A 5 35N-� ^. y.DPE - I s—P NDLE PER _-f1 '—f 5-,0 OFIwNAI DESK OpP ROAD 1R.11- �tA. / I GRP IL—R, S'A fUn9].JS GREAT RIDGE PARKWAY CULVERT PLAN SCALE' I• -IV NORTH I 9+5010+00 10+50 11+00 11+50 12+00 12+50 GREAT RIDGE PARKWAY CULVERT PROFILE SCALE., (Ha(:.) I• -5o; (Vwt.) 1'-5 �I�I&�D BRIAR CHAPEL a.x GREAT RIDGE PARKWAY CULVERT .,...,..., CHATHAM COUNTY, NORTH CAROLINA BRIAR CHAPEL Cl.l P9/z9Tznv - al.yn,,annoM.neoe Pnom:c9i9)z3]. L. E..: (919)2-0031oFN. F�+ a.s wA PLAN & PROFILE Newland cOWdladllES ISSUED FOR CONsmucrIDN 0 DIRECTION 35.82204°N 79.10483°W ACCURACY 5 m 90 deg(T)TIM DA WG584 yyy ) i ,i 7. MAA COMMENT 1 COMMENT 2015-06-03 l..-�-,.f .-h-..'.�,t .�r•.x.-r•�.,r. e. 1�,�4.77—lIlA.l.�171 DIRECTION 35.82206°N 79.10439°W ACCURACY 5 m 257 deg(T) DATUM WGS84 R N a ,q Briar Chapel Permit Renewal AID#: 2001-21252 Impact F Permitted Impact: 213 If Observed Impact: 213 If Net: 0 EXISTING PERMANENT STREAM IMPACT PERENNIAL / STREAM CHANNEL EXISTING TEMPORARY STREAM IMPACT i PROPOSED FINAL TEMPORARY STREAM IMPACT TED PERMANENT GRAPHIC SCALE 40 0 20 40 80 IT STREAM IMPACT Y STREAM IMPACT 1 inch = 40 ft. Action ID#200121252 ENT STREAM IMPACT WETLAND IMPACT STREAM IMPACT ENT WETLAND IMPACT PERMITTED STREAM IMPACT (2007-10-05 MOD.) PROPOSED FINAL IMPACT CHART PROPOSED FINAL TEMPORARY STREAM IMPACT EXISTING TEMPORARY STREAM IMPACT MODIFIED PERMITTED STREAM IMPACT (2007-10-05 MOD.) PROPOSED FINAL PERMANENT STREAM IMPACT i i REMISED 2007-10-05 PERMITTED CHANNEL IMPACT=197 LF, 1883 SF (2) 112.5 LF 48" CAP (1) 112.5 LF 14'-8" SPAN X 9'-8" RISE PIPE ARCH (CENTER PIPE BURIED V-0") 53 LF RIP RAP PLUNGE POOL MODIFIED Permanent Permanent Temporary Temporary Permanent Permanent Temporary Temporary Crossing Channel Channel Channel Channel Wetland Wetland Wetland Wetland (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) F 213 2051 56 486 0 0.00 0 0.00 MODIFIED PROJECT N0. NEW -03000 'BRIARC EL THE JOHN R. McADAMS ilCOMPANY,INC. F1� """'NEW03000-G(F) ®R.- CULVERT CROSSING SECTION -F ENGINEERS/PLANNERS/SURVEYORS1 scuE -40'RESEARCH CHATHAM COUNTY, NORTH CAROLINA TRIANGLE PARK, NC P.O. ROX 14005 ZIP 27709-4005 OA'f}:' 1 1-29-05 PREVIOUSLY PERMITTED PERMANENT GRAPHIC SCALE 40 0 20 40 80 Briar Chapel ENT STREAM IMPACT Permit Renewal ARY STREAM IMPACT 1 inch = 40 ft. AID#: 2001-21252 ANENT STREAM IMPACT Action ID#200121252 Impact G RARY WETLAND IMPACT Permitted Impact: 296 If Observed Impact: 296 If RARY STREAM IMPACT Net: 0 ANENT WETLAND IMPACT MODIFIED ER ITTED'% STREAM tM AC (2007-10%5 D) \ EXISTING TEMPORARY STREAM IMPACT PROPOSED FINAL PERMAkNT WETLAND IMPACT \ UR ENT P M� EXISTING PERMANENT ��� HAN EL IM C' STREAM IMPACT ( 07 10-05 \ PROPOSED FINAL PERMANENT STREAM MPACT EXISTING TEM STREAM PROPOSED FINAL PERMANENT LAND IMPACT REVISED 2007-10-05 PERMITTED WETLANDS IMPACT=415 SF MO FlED� RMI ED PREVIOUSLY PERMITTED CHANNEL STR IMP T IMPACT=271 LF, 886 SF \\ (200 \ 10-0 iot \) PERENNIAL 225 LF 60" CAP (PIPE BURIED 1.0') \ \ �'., STREAM CHANNEL 17 LF RIP RAP APRON PROPOSED FINAL IMPACT CHART \ `� Permanent Permanent Temporary Temporary Permanent Permanent Temporary Temporary Crossing Channel Channel Channel Channel Wetland Wetland Wetland Wetland (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) G 296 960 0 0 415 0.0095 0 0.0000 NO' NEW -03000 BF►IAR CHAPEL THE JOHN R. McADAMS MICOMPANY,INC. Ew03000—G(G USCALE: CROSvSI��N�G�LTS/�E��CT7It�OAN-GRESEARCR ENGINEERS/PLANNERS/SURVEYORS ,.._40,CULVERT CHATH" CO N i. iVORTH CAROLINA 7RTANGLE PARE. NC P.O. BOY (4005 ZIP 27709-4005 11-29-05 (919) 3e1 -6D00 00�b0-b0�9£�£t 0 6UTSSOJD 1ade40 aezJ8 til-ti0-9t0Z e y: t78S9M,Wfiva Mo£S601'6L (1)6aP O£I w S XOwn:)Od N.VOti£8'S£ NOI1 TKO tlO—£tl : Zi7 £0.-90—SIOZ Ss, mgww :) t 1N3WW03 i Av 105W Mo69801 W N.ZL££8!S£ E a x F'KLVIUUSLY F Briar Chapel Permit Renewal AID#: 2001-21252 Impact H Permitted Impact: 257 If Observed Impact: 257 If Net: 0 PERMANENT PERENNIAL >TREAM IMPACT STREAM CHANNEL GRAPHIC SCALE 40 0 20 40 80 TREAM IMPACT 1 inch = 40 ft. STREAM IMPACT 200121252 Action ID EXISTING TEMPORARY # STREAM IMPACT WETLAND IMPACT ,, PR OSED FI A4 ar T PORARY TRAM 1 IMPACT t STREAM IMPACT MODIFIED PERMITTED r STREAM IMPACT 4 t (2007-10-05) w t WETLAND IMPACTS i i t t t \ t �t t i t E TING RMANENT S EAM ,IMPACT i t t � t i J REVISED 2007-10-05 PERMITTED CHANNEL IMPACT=262 LF, 1462 SF (2) 157 LF 84" CAP (PIPES BURIED 1.0') 44 LF RIP RAP PLUNGE POOL PROPOSED FINAL IMPACT CHART MODIFI PE MITT �D i REAM IMPA�T i (20;0-10-09) t 1 i t PERENNIAL STREA� CI v FINAL STREAM 1 1 t PROPOSEk FINAL TEMPORA4Y STREAM I PACT EXISTING TEMP' RARY STREAM IMPAC i I Permanent Permanent Temporary Temporary Permanent Permanent Temporary Temporary Crossing Channel Channel Channel Channel Wetland Wetland Wetland Wetland (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) H 257 1443 55 247 0 0.00 0 0.00 raaErr No. NEW -03000 B C��APEL THE JOHN R. McADAMS FILFNA"'ENEW03000—G(H ACOMPANY,INC. n e SCALE:CULVERT 1 „-40' CROSSING SEC'T'ION -H ENGINEERS/PLANNERS/SURVEYORS CHASM COUNTY. NORTH CAROLINA RESEARCH TRIANGLE PARE. NC P.O. BOX 14005 ZIP 27709-4005 DATE: i 1-29-05 (919) 981-5000 +. �X.�1 +`4A AA y�y}. 4 .�,F• �:. � � � �V � Y � .'�� d ''Tye ���. 4W A Y ',.�x°'! -ids".[ C+�4,��, 4_'•. •,��`�rt• .v,. �F'�faj �.:;t �... •: .. _'.�:>�. ��s� �.,,�"` - k f/ d•,y � y PREVIOUSLY PERMITTED PERMANENT STREAM IMPACT - - - - - - EXISTING PERMANENT IMPACT ------------ EXISTING TEMPORARY IMPACT PROPOSED PERMANENT STREAM IMPACT PROPOSED TEMPORARY WETLAND IMPACT PROPOSED TEMPORARY STREAM IMPACT PROPOSED PERMANENT WETLAND IMPACTr� EXISTING PERMANENT REAM AND WETLAND I PACTS MODIFIED PERMITTED I .olSTREAM IMPACT I �i (2007-10-05) i EXISTING TEMPORARY STREAM IMPACT INTERMITTENT STREAM CHANNEL PROPOSED FINAL TEMPORARY STREAM I AA PAr'.T GRAPHIC SCALE 40 0 20 -40 80 I inch = 40 ft. Attachment 4 I ------------------ JCEE-TrPOS FINAL WETLANDS TE PORARY LAN IMPACT I f I REVISED 2007-10-05 WETLANDS IMPACT=95 SF REVISED 2007-10-05 PERMITTED CHANNEL IMPACT=83 LF, 250 SF 69 LF 54" CAP (PIPE BURIED 1.0') 15 LF RIP RAP PLUNGE POOL PROPOSED FINAL IMPACT CHART ,M \ 4 `- EXISTING I TEMPORARY WETLAND IMPACT BLAND MODIFIED PERMITTED WETLAND IMPACT (2007-10-05) Briar Chapel Permit Renewal AID#: 2001-21252 Impact I Permitted Impact: 83 If Observed Impact: 83 If Net: 0 s Permanent Permanent Temporary Temporary Permanent Permanent Temporary Temporary Crossing Channel Channel Channel Channel Wetland Wetland Wetland Wetland BRL]R CHAPEL (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) 1 83 250 22 67 13 0.0003 855 0.0196 s PrtvaecT no. NEW -03000 BRL]R CHAPEL THE JOHN R. McADAMS -l- FILE^AME;NEW03000—G(I) COMPANY, INC. >ENGINEERS/PLINNERS/SURVEYORS SCALE; 1 „_40 CULVERT CROSSING SECTION -I Y 2 CHATHAM A i-iAM COLTMIZ, NORTH CAROLINA RESEARCH TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27709-4005 0- 11-29-05 (919) 381-6000 X Briar Chapel Permit Renewal AID#: 2001-21252 Impact L PERENNIAL j STEAM <HARNNEL 434 Permitted Impact: 123 If Observed Impact: 0 If Net: 123 If 43 ADDItIONAL TEMP!RARY CHANNEL IMPACT 43 CO�FER DAM (TYP.) A \ DITIONAL HASE-CANENT EL WPACT 49' E Iou� .EPRE LY EL KNRMITTE fHAINEL 'IMPAC WETIAND�-t o N" C14 FABRIC INED IVtRSIOb- IDITCH P.) \ 01 1061- TFMPO, RARY C14ANNCL IMPACT C) u') W rN-R[NNI L HAI N 9 00 0 �' \ \\ \\ \\ \\ \\ \ \\ \ \ .� \, PERMITTED PERMANENT IMPACT=109 LF, 429 St, W GRAIDI-11C SCALE WETLAND IMPACT=0.0000 AC. 0 0 20 40 80 ADDITIONAL PERMANENT CHANNEL IMPACT= 14 LF, 28 SF ADDITIONAL TEMPORARY CHANNEL IMPACT= 20 LF, 48 SF 55 LF 54" RCP (PIPE BURIED 1,0') 31 LF RIP RAP APRON 1 iTIch = 40 ft. PROM -l' No NEW -05000 BIRLAR CHAPEL THE JOHN R. McADAMS HICOMPANY, INC. iK MANAMfi., NEW -05000—L CULVERT CROSSING SECTION -L RNGINEFRSIPJANNERSISURVEYORS SCALF' "— 1 40' CHATHAM COUNTY, NORTH CAROLINA RESFARCH IRIANGLE POK, NC P,O. 110X 14005 Z11' 27709-40M DATE: - 02-04- 2009 1919) :1oI-sono 2 0) m a x+30 Briar Chapel - ...- Permit Renewal AID#: 2001-21252 l-, 3 0' ; a Impact L j Permitted Impact: 123 If 2 Observed Impact: 0 If F11 Net: 123 If 4r1 I PRF .Ac T NC'nli* rmnwAI 1 1 W rnr�tEc� xo. NEW -05000 ""�Q TT ��jj�� j� A D j BR A—R- CHA EL ACOMPANY,INC. THE JOHN R. WADAMS NEW -05000—L y d CULVERT CROSSING SECTION -L IiNt11NR$RS/PIANT,1>1t.R/SUttYdY0t25 si.�tt 9 , _40' CHATHAM COUNTY, NORTH CAROLINA tMS0 t' 0.1)0X2LF 14005 4ZIP2M0a-40W anti;: 02--04-2009 p (ata) tot—sltoa v 35.81021 ON ACCURACY -5r my' ;C' �. 79.088356W DATUM WGS84: M'f � � r y " Briar Chapel crossing L 2016-04-14 not constructed 12:55:39-04:00 DIRECTION 35.81012°N ACCURACY 5 m '`4 ."339 deg (T 79.08838°W DATUM WGS84 iii tl - ,. /f 'K '• i `.' 11xt 4�! .:s, Briar Chapel crossing L 2016-04-14 °f _;, F not constructed 12:56:19-04:00 Briar Chapel Permit Renewal AID#: 2001-21252 Impact M Permitted Impact: 310 If Observed Impact: 310 If Net: 0 D PERMANENT STREAM IMPACT STREAM IMPACT GRAPHIC SCALE 40 0 20 40 80 1 inch = 40 ft. STREAM IMPACT \\ Action ID#200121252 EXISTING PERMANENT STREAM IMPACT WETLAND IMPACT j f.. STREAM IMPACT =' SF WETLAND IMPACT EXISTING EROSION -y- \ �' i CONTROL MEASURIfS (TYP.) PROPOSED FI TEMPORARY STREAM IMPACT PREVIOUSLY PERMITTED PERMANENT CHANNEL IMPACT=220 LF, 550 SF 96 LF 72" RCP (PIPE BURIED 1.0') 48 LF RIP RAP APRON PROPOSED FINAL IMPACT CHART t-KtV1ULJbL T�,YtKM11-1 EU/ PEWANENT STREAM ' Z)RY IMPAC F�M-'f1%2D05 �x�� IMPACT \, Ll PEf�ENNIAL � � ��• STREAM CHAN ION N Permanent Permanent Temporary Temporary Permanent Permanent Temporary Temporary Crossing Channel Channel Channel Channel Wetland Wetland Wetland Wetland FnE"'"Sep Rev (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) M 310 837 50 122 0 0.00 0 0.00 PROJECT No. NEW -03000 B CHAPEL THE JOHN R. WADAMS ACOMPANY,INC. FnE"'"Sep Rev > CROSSING SECTION -M E"°'""�'""IS"° SCAM 1 u—� CHATHAM COUNTY, NORTH CAROLINA RESEARCH TRUNG11 PARK, NC P.O. BOX 14005 ZIP 27702-4005 BATE: en 09-28-07 (919) 3e1-5000 EW-03000 BRLAR C-.3AP,EL THE JOHN R. McADAMS COMPANY,INC. 03000-G(N FAt y{I E jZ,�ANDS FILL SEMON—N ENGINEERS/PLANNERS/SURVEYORS 1 "-40� CHATHAM COUNN, NORTH CAROLINA RESEARCH TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27700-4005 —07-09 (919) 961-5000 c 'c 91 ` \ \ \\\ ---PFIaENNIAL�� \` \ STREAM CHANNEL CHANNEL` MPA�ORAR� -, \ (b IONAI MANEN HANNEI// SPk RFR;`At1Q_N \ y •,` \ LEE CON t�VT\ \ �: W1 b \ \ P \ G MPACT Briar Chapel Permit Renewal AID#: 2001-21252 Impact O Permitted Impact: 148 If Observed Impact: 148 If Net: 0 \ \ 50' STREAM \ \ BUFFER \ \ PRCVIOUSC�`' 10' 190 ytiUILD PERMITTED \ ZONE \ CHANNCL IMPAC�I `• ADDITIONAL' \ \ \ \ \ -RERMANENT \ \ \ \ \ \ \ CHANNEL IMPACT \� \ PERENNIAL \ \ \ O'OSTRFAMai`-CHANNFL\ \ I REVIOUSty SED \ \ `' \ ;D\WAI.I. '(TYP. \y SS \ \ \ \ >3\.gyp \ \ PROPERTYLIN O 41 \ \ \ O GRAPHIC SCALF 40 0 20 40 80 1 inch = 40 ft. PERMITTED PERMANENT' IMPACT=109 LF, 4-29 SF ADDITIONAL PERMANENT CHANNEL IMPACT= 39 LF, 137 SF ADDITIONAL TEMPORARY CHANNEL IMPACT= 8 LF, 24 SF 100 LF 60" RCP (PIPE BURIED 1.0') 40 LF RIP RAP APRON s w r• NEW -03000 BRLAR CHAPEL THE JOHN R. WADAMS WICOMPANY,INC. F•II.t,.VAMF, NCW03000-G(0) �'MINEM/PLANNERS/SURVEYORS d CULVERT CROSSING SECTION -O SCAI.I, , Y CHATHAM COUNTY, NORTH CAROLINA RESEARCH TRIANGLE PARR, NC P.O. RUX 19UO5 ZIP 27700-9005 „ a v 02-04 -2009 1 1 (010) 001-5000 1. 450 Briar Chapel Permit Renewal AID#: 2001-21252 Impact O Permitted Impact: 148 If Observed Impact: 148 If Net: 0 'NEW -03000 BRLAR CHAPEL ©COMTHE JOHN INC.R.i►icADAMS I'ukxA,aE`NEw030Uo--xS(0) COMPANY, N CULVERT CROSSING SECTION -0 ENGINEERS/P1eNNERR/SURMORS 'a` wMU1101 TRIANGLE PARE. NC DATE: 02-04-2009 CHATHAM COUNTY, NORTH CAROLINA P.O. BOX ,4005 UP 27709 -+Dos (910) 901-5000 445 1 f ...._ . _ __.� ... _ C.>"NTER�.I.IN.i^..FOR FUTUR� GRANITE ...._.1..4:4.5.... MIL ._.-ROAD--I . —.-_-.-1----.__.._...... _..._...___ ._......._._. ,......._._.. _..._ _ . _._._.�_-._____.__....._.._. �._..-. 440 z.._._...-._...._ __.._.__..-.. _. I -....._. -- -._..- ...i ..... ............... J.�sr�_..Y_.._.. 440 °' .._._IRRI 4TION- - c7 LINE i- EXIST NG SURFACE _._._._..__---- _._._.._.___.____,_-__i______.__. r 4.35 1 I ! PR CA . Nc oT .l _...._ _. ! i _..... ...i ._... I I EN I _... -(TYI);. WA��{'L ITH �... 1 _6D.,- CP._. I EN S) ' 4'30 , Ln 4.30 o _. Z I 425 _.. _.. ! �. 425 17ico o 9 F/c I _; io ;� Itl �J ; V iV' o cl N 'N co H —0+50 0+00 v Y Iv 01-50 L GRAPHIC. SCALE W 40 0 20 40 80 w 40 0 0 0 1 inch fl. W W z ,mojwr NO Briar Chapel Permit Renewal AID#: 2001-21252 Impact O Permitted Impact: 148 If Observed Impact: 148 If Net: 0 'NEW -03000 BRLAR CHAPEL ©COMTHE JOHN INC.R.i►icADAMS I'ukxA,aE`NEw030Uo--xS(0) COMPANY, N CULVERT CROSSING SECTION -0 ENGINEERS/P1eNNERR/SURMORS 'a` wMU1101 TRIANGLE PARE. NC DATE: 02-04-2009 CHATHAM COUNTY, NORTH CAROLINA P.O. BOX ,4005 UP 27709 -+Dos (910) 901-5000 WETLAND IMPACT 1�8 5f (.003 AC) EX15 G HEADWALL — EXISTING 30' %RCP LVERT Qj NORTH SCALE I " = 20' WM6�EI 20 10 0 20 LIMIT5 Of: TEMPORARY IMPACT PERMANENT CHANNEL IMPACT: 58 Lf (I GO 5F) TEMPORARY CHANNEL IMPACT: 24 LF (48 5F) TEMPORARY CHANNEL IMPACT TEMPORARY WETLAND IMPACT 143 51' (.003 AC) 24 Lf (45 5f) PERMANENT CHANNEL IMPACT 14 LF 28 5f) EX15TING 24" HDPE CULVERT EX15TING EDGEPAVEMENTnPAVEMENTPROPO5ED 42" RCP PROPOSED EDGE Of PAVEMENT FROP05ED HEADWALL (TYF.) POCK CR055 VANE PERMANENT CHANNEL IMPACT 44 Lf 132 5f) Briar Chapel Permit Renewal AID#: 2001-21252 Impact S Permitted Impact: 58 If Observed Impact: 58 If Net: 0 FOR gl LEGEND 51LT FENCE PROPOSED 5TREAM ROAD CENTERLINE EX15TING WOODLINE BAFFLES 5TORMWATER FIFE CTT9= RIPRAP COW MATTING Ir POCK CP055 VANE W1 STEP LIMIT5 Of: TEMPORARY IMPACT PERMANENT CHANNEL IMPACT: 58 Lf (I GO 5F) TEMPORARY CHANNEL IMPACT: 24 LF (48 5F) TEMPORARY CHANNEL IMPACT TEMPORARY WETLAND IMPACT 143 51' (.003 AC) 24 Lf (45 5f) PERMANENT CHANNEL IMPACT 14 LF 28 5f) EX15TING 24" HDPE CULVERT EX15TING EDGEPAVEMENTnPAVEMENTPROPO5ED 42" RCP PROPOSED EDGE Of PAVEMENT FROP05ED HEADWALL (TYF.) POCK CR055 VANE PERMANENT CHANNEL IMPACT 44 Lf 132 5f) Briar Chapel Permit Renewal AID#: 2001-21252 Impact S Permitted Impact: 58 If Observed Impact: 58 If Net: 0 FOR gl Briar Chapel Permit Renewal AID#: 2001-21252 436 Impact S - -- -- — -- --------..— i— 4 .. -- -------- - - - — -- -- - - --- _;_ _ _ - 434 Permitted Impact: 58 If ---------- ----- _-- ____-_ __._..__ I_. .____._ *— -- - --- — -- — -- - - _ _ _ — 432 Observed Impact: 58 1f ANDREW STORE ROAD (80' PUBLtC RIGHT-0f—WAIS; i-- I �— Net: 0 — — — -- — — -- — — — --- -- — r-- — -- �— --- — — — — 4,30 STANDARD N.C.D.O.T. F L— --- — — -- — — ..__ 428 PRECA5T ENDWALL (TYPE.) — -— 4.25% 0.25% 2.55X PRO O5ED j 426 7•9iX �—c -- GUARDRAIL (TYP) - - 4 24 i 1.41X I . - - - - - - - 22 _�. __ .__. -.� _-- —,�— �-=— --- �- — — — -- -----_ �X. STREAM 66TTOM 4 20 e EXISTING 36" RCP ( (` REMED O�/ ELEV. 17.9 . 4 ' — — — 418 EX. TREAM 1TOtv1 — — — —..—_ _ .._ — INV. OUT 18 ELEV. 419. P _ ._ — -- — — 3-42' RCP i E 417.2' INV IN J 414 i _ I 412 410 I ' � _--------- 408 I 406 i 4 04 402 60 40 20 0 20 40 B0400 CROSS SECTION THROUGH CROSSING #1 ANDREW STORE ROAD SCALE: 1' = 5' VERT. 1' : 10' HORIZ. �I0 PRELIMINARY - NOT RELEASED FOR CON5TRUCTION 5 - PROFILE J F. �'4..r. _ � �» . �,�, .. � Ott'., � � �' �`'�� � �„ f�• � � � e :� �.� _ , . � J. _ .. '� � m t .� �. - � . <. r IP' Y,19 Y': Y� ,. tY' .. 'tya3 _.fit �,J � �}, . .. d� � ��. � e � ✓ _ � .. t .v".: � j 10, LIMITS OF TEMPORARY IMPACT TEMPORARY CHANNEL IMPACT 20 --/ LF (40 5F) PERMANENT CHANNEL IMPACT G LF ( 18 5F) EXISTING 30" RCP CULVERT PROPOSED 42" RCP NORTH e SCALE 1 " = 20' 20 10 0 20 LEGEND — SILT PENCE — — PROP05ED 5TREAM ROAD CENTERLINE EXISTING WOODLINE ��— BAFFLES STOPMWATER PIPE ® RIPRAP EMMMMM COIR MATTING ROCK CRO55 VANE W/ STEP Briar Chapel Permit Renewal AID#: 2001-21252 Impact T Permitted Impact: 36 If Observed Impact: 36 If Net: 0 PERMANENT CHANNEL IMPACT: 36 LF (107 5F) TEMPORARY CHANNEL IMPACT: 20 LF (40 SF ) 1 0 m EXISTING EDGE Of PAVEMENT PROPOSED HEADWALL (TYP.) PROPOSED EDGE OF PAVEMENT PERMANENT CHANNEL IMPACT 30 LF (89 SF) - NOT Briar Chapel Permit Renewal AID#: 2001-21252 436 Impact T i - - ---.---- — 434 Permitted Impact: 36 If --- — - ?-- - ---- ---- _ --- -- -- — - ----- - - — _ _. --------.. ----- --- 432 Observed Impact: 36 If !._ Net: 0 - ---- - _ _ - -- --- PARKER HERNDON ROAD - --- ----- 430 PUBLIC RIGHT-OF-WAY) - -E PROP05& - - -(GO -- -- - -- - - -- - - - -- - - 428 GUARDRAIL (TYP.) -- - - - - -) - 426 5TANDARD N.C.D O.T, PRJ CAST ENDWALL-(TYP�_ { - - 0.42X t O.00X - } ---- X - i - - I - - - -- 424 - -- - -- - --- - - - -- 422 IX. STREAtv�..... ' _....._...... _ __---- BOTTOM ELEV. 416 B': -- -- -..-------0'5% -----'--------- --+ ---- ---------._.____._ EX. 5TREAM 420 BOTTOM -- - --- 418 ELEV INV IN: - — - - -16 __..- --------r ELEV. 416 P! - - ----- --------------- - ----- 1 ---I---- �__ i r 3 42 RCP EXI5TiNG 30° RCP __ -- - - _._ ------ INV. OUT 414 TO BE REMOVED _ _ � � -` - - ELEV. 41 5.8' 412 410 - -- -- � - - - - I -! - � 408 . __... _....._ _.. _..r. ..______..._..-_._.. 1 _ I - 406 - - - - --+ - - --.� - I 404 -- - - i -- - -- - - - - ----- �-_----.._ . _ . ------ � ---- -- - ---F-... ------ 402 60 400 50 40 20 0 20 40 CROSS SECTION THROUGH CROSSING #2 PARKER HERNDON ROAD SCALE: 1" a 10' VERT. 1" - 10' HORIZ. PRELIMINARY - NOT RELEASED FOR CONSTRUCTION IMPACT T - PROFILE I0 .+=N ~ « ~�20 deg(T)'' 35.0I380*N" A[[URA[Y'5 0 _ Ao at 2016-04-14 Briar Chapel, crossing T 13:09:30-04:00' DIRECTION 35.82396"N - 70 deg(T) 79.11223°W_^ Briar Chapel ACCURACY 5 m DATUM WG584 ` crossing T 20l5-04-14 ` I3:I1:10-04:00 Briar Chapel Permit Renewal AID#: 2001-21252 Impact U Permitted Impact: 233 If Observed Impact: 134 If Net: 99 15 G 15" RCP CULVERT LI SOF \EMPORARY IMP PROPOSED GO" EXISTING WETLANDS (IYP.) PERMANENT CHANNEL IMPACT: 233 LF (731 5F) TEMPORARY CHANNEL IMPACT: 21 LF (G4 SF) TEMPORARY CHANNEL IMPACT PERMANENT WETLAND IMPACT: 21 LP ( G4 5F) 392 5F (.009 AC) - PERMANENT CHANNEL IMPACT 74 LF ( 224 5f)-ma—ml. EXISTING HEADWALL EXISTING 12" CPP CULVERT EX15TING 24" CPP CULVERT 40 EXISTING 48" RCP CULVERT 15TING 12" RCP CULVERT PERMANENT CHANNEL IMPACT NORTH EXISTING EDGE 159 LF (507 SF) OF PAVEMENT SCALE 1 " = 40' 40 20 0 40 PROPOSED HEADW ) 99 feet of - LEGEND unimpacted channel - Bride SILT FENCE PROPOSED EDGE PROPOSED STREAM OF PAVEMENT ROAD CENTERLINE ........... . EXISTING WOODIJNEo - - .. .. PERMANENT WET ND I CT' - �— BAFFLES 392 F (. 9 AC) .... O7 5TORMWATER PIPE ® RIPRAP COIR MATTING s _... ... ...... .. ........ ROCK CR055 VANE W/ STEP PRELIMINARY - NOT RELEASED FOR CON5TRUCTIC a Briar Chapel Permit Renewal AID#: 2001-21252 452 Impact U _-.._. -- ------ — ;, -- Permitted Impact: 233 If .. --- - ----- — ' ---- - i—--_ - - 444 Observed Impact: 134 If • Net: 99 - - - ------ ---------- - -- -- -- - -. _ _ T_.-- - . i j - - _ ___ 440 ANDREW STORE ROAD �- ! PARK ENTRANCE 436 BOTTOM - (90' PUBLIC RIGHT -OF _WAIS —_ - -- (TBb PUBLIC RIGHT-OF-WAY) - - - 432 ELEV.408.0 I _ _ - - --- -------_,—._-------_ --- - - ;----- STANDARD N.0 D O.T. __ _ - _ - -{ --_..------ _ 428 PRECA5T ENDWALL (F.YPJ - --- - -- -- --- — -- -� � -- — - - -.._ . _ - -- - -- 424 ,PROPOSED GUARDRAIL (fYP) i - - ' j (— ---- - - - 2.0% 20 _ 3,42X --- 3.26% - _ 4.005x - 3 44_ X s s0. -416 i EX 5TRE — - - -- = - - — ---- 0.777E BOTTOM 0. x PREVIOUSLY PERMITTED PERMANENT STREAM IMPACT - - - - - - EXISTING PERMANENT STREAM IMPACT ------------ EXISTING TEMPORARY STREAM IMPACT PROPOSED PERMANENT STREAM IMPACT n -tiw .iI Crossing rn Wetland Wetland Wetland Wetland rn PROP.OSED n TEMPORAR = D IMPACT Z Z CHATHAM COUNTY, NORTH CAROLINA m r GATE. r�Uil� ' � t ' J ' PERMITTED EROSION CONTROL MEASURES j (TYP•) PREVIOUSLY PERMITTED PERMANENT STREAM IMPACT FROM 11/2005 VARIOUS PRIVATE UTILITIES (QUANTITY AND SIZES TO BE DETERMINED) UE UE UE UE UE A FM FM FM F)A FM FTA FM FM FM FM FM FM FW 04 FM FTA FM i .. .,. •;-�— _.�_---^------*` _.._....gyp _.. 7L-- ap__ -..;{ —�, �� WETLANDS BOUNDARY [-EXISTING TEMPORARY STREAM IMPACT SURVEYED CHANNEL IMPACT (2009-03-31) GRAPHIC SCALE 40 0 20 40 80 REVIOUSI Y PERMITTED IMPACT TOTALS (ACTION ID#200121252):-- ---- - { REVIOUSLY PERMITTED CHANNEL IMPACT=35 LF (0.004 AC.) PROPOSED FINAL IMPACT CHART I inch = 40 ft. ® Permanent Permanent Temporary Temporary Permanent Permanent Temporary Temporary Crossing Channel Channel Channel Channel Wetland Wetland Wetland Wetland -H- (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) 4 0 0 41 190 0 0.00 0 0.00 ® PROJECT N0. NEW -03000 R BRIAR C PEL THE JOHN R. MCADAMS ®COMPANY, FILENAME: Sept. O% Rev. -H- INC. eCr UTILITY CROSSING SECTION -4 ENGINEERS/PLANNEAs/SURVEvOAS SCALE: 1..-40� CHATHAM COUNTY, NORTH CAROLINA RMOCB TRIANGLE PARK, NC P.O. BOR 14005 ZIP 27709-4005 GATE. 09-28-07 (919) 301-5000 DIRECTION 35.82329°N 79.10628°W ACCURACY 5 m 331 de (T) DATUM WGS84 ON r F < as #' „ ♦:,Ft � S, a;, y s r i�► ' Jjj g /' 1u COMMENT 1 COMMENT 2015-06-04 briar cha el utilit 4 12:43:56-04:00 DIRECTION 35.823270 '79.1"625°W "ACCURACY 5 m 180 deg(T) DATUM WGS84. '£ i a �s,l Ili r't } „ w►. ,. i .ter �' ,. r. .�,,. II�x oor.. - yy , 14 y COMMENT"" 2015-06-04 briar chapel utility 4 12:44:08-04:00 11 X r GRAPHIC SCALE PREVIOUSLY PERMITTED PERMANENT 40 0 20 4,0 80 STREAM IMPACT Wetland Wetland Wetland Wetland — — — — — — EXISTING PERMANENT STREAM IMPACT (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) 1 inch = 40 ft. ------------ EXISTING TEMPORARY STREAM IMPACT �I 0 0.00 0 0.00 � 1 CHATHAM COUNTY, NORTH CAROLINA i �s PROPOSED PERMANENT STREAM IMPACT j 1 1 PROPOSED TEMPORARY WETLAND IMPACT EXISTING 100UNDED WATER PROPOSED TEMPORARY STREAM IMPACT i EXISTING TEMPORARY I STREAM IMPACT PROPOSED PERMANENT WETLAND IMPACT SURVEYED I CHANNEL IMPACT UE __�� 1 I (2009-03-31) UE FyF)Aut -- •-_ UE -`� ��-- UEFIA F)4 FIA A,1 1 FM FM FM - PERMITTED EROSION s -- _h -_G� u£ - F --�`M CONTROL MEASURES � (TYP.) ar FM VARIOUS PRIVATE UTILITIES i ' ' QUANTITY AND SIZES I -- _----r----- TO BE DETERMINED) EXISTING IMPOUNDED 1 WATERI PREVIOUSLY PERMITTEDi I C CREEK CHANNE14 TEMPORARY STREAM I 1 IMPACT FROM 11/2005 I I I 100' STREAMBUFFER PROPOSED FINAL 1 TEMPORARY STREAM, IMPACT 11 I 1 PREVIOUSLY PERMITTED IMPACT TOTALS (ACTION ID#j200121252) PREVIOUSLY PERMITTED CHANNEL IMPACT=36 LF (0.006 AC.) PROPOSED FINAL IMPACT CHART Permanent Permanent Temporary Temporary Permanent Permanent Temporary Temporary Crossing Channel Channel Channel Channel Wetland Wetland Wetland Wetland (LF) (SF) (LF) (SF) (SF) (AC) (SF) (AC) 5 0 0 50 383 0 0.00 0 0.00 PROJECT \0. NEW -03000 B C-�I'EL HICOMPANY,INC.THE JOHN R. McADAMS nA.+1e: Sept. 07 Rev. d UTILITY CROSSING SECTION -5 ENCIhSERS/PLWNERS/SURYEYORs SCALE: "-40' � 1 CHATHAM COUNTY, NORTH CAROLINA RESCARCR TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27709-4006✓09-28-07 (919) 301-5000 DIRECTION 35.82309°N 79.11141°W ACCURACY 5 m 11„_de jT)DATUM WGS84 VIN � ri —wh- COMMENT 1 "COMMENT 2015-06-04 -iar chapel utility 13:10:30-04 DIRECTION 35.82320°N 79.11148°W ACCURACY 5 m 1.10 de (T) DATUM WGS84 14 �` - ” � `•,�` 'fir„ � ?'`� . t' ' �J � ' `� � =� � *14 7,4 Ar a W OMMENT 1 " COMMENT 2015-06-18 briar- chavel com utility 5 13:36:55-04:00 0009-19e (ere) s00re0eta art 900n '0'd 31ONYIHS HJNY3S2N SHOA3AVfl�S/SHH3NNVIJ/SHM9N9 ANVdKO� VZ)W 'H NHOt HI �rM OWD HMON •�j,� nOD WVHI %HD 9 NLLD ZS ONI SSOV^ AJ.IrILLfl djHD �vrd LO—SZ-60v7 MIN MINU'AHY'd td 'OL'bO —"' naa }ldaS'�%T O'OOFO-M3N oN :a.,r.r...�v.�t.WV(.S� 3'0 0 00'0 0 2Z 6v 0 0 9 (obr) (is) (od) (d S) (is) (d1) (is) (J1) PUellaM PUellem PuBROAA PueilaM lauueyo lauueyo lauueyo lauuey0 6ulssoaC) Geiodwal Aieaodwal luauew,lad luauewaad I Aaejodwal A,lejodwa_L luauelwad luauewaad 'Il OV = 'Tout T i8VHO 1OVdWI 1VNId 03SOdO8d 09 ob 0a 0 ot, S IVOS OIHdVZIO ('OV '500'0) 31 SC=lOVdAl 13NNVHO 031lIV483d )osn01A]8d ZSZI IOOZ 01 NOIl V S1V101 lOVdWi 03111W81 d kisnoIA36d i i 13NNVHO A3380 �• --i j - - - - I 1 { 1 { _ 1 i 83iine { 10Vd1^JI wd381s ,00l WV381S',,k8V8OdW31- 1VNI31 a3Sod06d A r { 5s (�L���0-6002) IO�dWI Wb'38iS ,p47 WF"13NNbk{0 _ 12iV80�N31 9NIlSIX3 `: 1 03A3A8nS ,k8V8(DdVY31 ONIISIX3 111 ' is �-SOOZ/ l l WOa3 10vall t' �^ WV38iS A8V8OdW31 03111Wa3d Al Sn01AMd LOVdWI ONV113M iN3NVVV63d 03SOdO2ld lOVdV�G lOVdWI WV381S i,MJOdW31 03SOdO2Jd 3 &S )IW60dn3111 IVN13 03SOdO2Jd "F 1 lOVdWI ONb113M A8"OdW31 03SOd02id j-d),i) lOVdWI WV381S IN3NVVia3d 03SOdO8d # S36nSb�W 108iNOO N(9ZS02i3 �3llIW2i3d � � 10VdW1 Wb381S AdV8OdW31 ONUSIX3 ------------ H31VM �MN)083130 38 01 030Nn0 I ONUSIX3 lOVdWI WVMiS 1N3NVn63d ONUSIX3 — — — — — — S IS lt1�JV V!1Nbn0) IOVd'WI NV381S S3111111n 1VA�ad SnoidyA 1N3NVWN3d 03llIW83d Al sn01A38d x b I Attachment 2 Mitigation Documentation Attachment 2.1 Harper's Creek Documentation ( 0 HARPERS CROSSROADS STREAM MITIGATION PROJECT Offered By: Mid -Atlantic Mitigation, LLC E a r t h M a r k 9301 Aviation Blvd., Suite CE1, Concord, North Carolina 28027 companies Harpers Crossroad Stream Mitigation Project 1.0 INTRODUCTION The Newland Communities (Newland) is in need of 2000 linear feet of stream mitigation to offset impacts for the Briar Chapel subdivision development in Chatham County. Mid -Atlantic Mitigation, LLC (an EarthMark Company) is offering the Harpers Crossroads Stream Mitigation Site to meet the stream mitigation needs for unavoidable impacts at the Briar Chapel project. Stantec Consulting has been retained by Mid -Atlantic Mitigation, LLC (MAM) to provide restoration design services. The Harpers Crossroads stream restoration site will provide approximately 2200 linear feet of stream restoration. The Harpers Crossroads Site is divided into two parcels separated by Siler City -Glendon Road. Dennis Phillips owns the parcel west of Siler City -Glendon Road and Michael Phillips owns the parcel on the east side. Mid -Atlantic purchased a 10 -acre conservation easement along the proposed restoration reach from Dennis and Michael Phillips on October 29, 2004 (see attached document). Mr. Todd Tugwell with the US Army Corps of Engineers visited the proposed restoration site on March 1, 2004 and indicated that it had good restoration potential and would be an appropriate mitigation site. 2.0 HARPERS CROSSROADS STREAM RESTORATION SITE The Harpers Crossroads Site is located 1.2 miles north of Harpers Crossroads on Siler City - Glendon Road, in Chatham County (Figure 1). The site straddles Siler City -Glendon Road with approximately 1000 linear feet of existing stream channel on the west and east sides of the road that is being considered for restoration (Figure 2). The stream is an unnamed first order tributary to Bear Creek (Index # 17-43-16) with a watershed of approximately 450 acres (Figure 3). Bear Creek flows into the Rocky River (Subbasin 03 06 12), which is a tributary of the Deep River in the Cape Fear Basin (USGS cataloging unit 03030003). Bear Creek is classified as Class C waters. Approximately one mile north on Siler City -Glendon Road another portion of the Bear Creek watershed is proposed for stream restoration by NCDOT. The Harpers Crossroads Stream Restoration Site is divided into 2 reaches. Reach 1 of the tributary located west (upstream) of Siler City -Glendon Road and Reach 2 is located east (downstream) of Siler City -Glendon Road. The land use on the property and in the immediate area is primarily pasture for beef cattle. The area around Reach 2 has been used for pasture for at least 20 years. The area around Reach 1 was cleared in the mid 1990's. This stream is identifiable on USGS Quad sheets as well as the NRCS soil survey for Chatham County. Soils underlying the entire site are a Callison-Ligum complex, 2 to 6% slopes. This complex includes the soil series of Callison, Lignum, Kirksey, Cid, Nanford, and Worsham. The Worsham series is a hydric A soil mostly found within depression areas. 2.1 EXISTING CONDITIONS 2.1.1 REACH 1 Reach 1 is a unique restoration site due to previous alterations made to the stream. The reach extends from Siler City -Glendon Road upstream approximately 1000 feet to the Phillips property line. The stream enters the project site as a defined channel through a cutover forest to the west. With the land clearing activities in the 1990's, the stream channel was graded and pasture planted over the entire area. The stream has continued to flow over the pasture area and has been confined to an area along the south side valley slope. The stream flow is beginning to reform a defined channel through sections of the valley, especially in the downstream most portion of Reach 1. Most of the section of the valley where the channel naturally flowed is currently a braided D type stream as classified by the Rosgen stream classification methodology. Prior to the channel alterations, it is likely that the stream was an E5 or C5 type channel. A small intermittent tributary crosses the pasture to the north and enters the restoration reach above Siler City -Glendon Road. Using the USACE Stream Quality Assessment Worksheet, Reach 1 had a total score of 43 indicating poor quality. On the NCDWQ Stream Classification Form, Reach 1 sbbred 32 points indicating that it is a perennial stream (see attached form). There is little or no woody vegetation along Reach 1. The only habitat other than pasture grass near the stream channel is a pile of woody debris from the historic land clearing. Hoof shear and fecal matter in and around the main channel and tributary provides evidence of heavy use by cattle and a strong indicator of water quality issues in the stream. Two chicken houses are located adjacent to the stream valley approximately 250 feet south of the channel. Chicken litter has been applied as fertilizer to the pasture, including riparian areas. 2.1.2 REACH 2 Reach 2 begins on the east side of Siler City -Glendon Road and extends 1000 linear feet east through open pasture to the property line. A new culvert under the roadway has been recently installed. Strong flows through the culvert have led to a fairly large scour hole in the channel just below the road. The channel has retained some of its pattern and there are scattered trees along the banks. However, bank instability due to hoof shear and lack of stable riparian vegetation is evident all along the reach. It is apparent that this reach has been grazed extensively. The stream has incised in some areas and has eroding vertical banks. The channel has over widened in other areas with debris jams and sediment accumulation. This reach can be classified as a degraded C/E 5 channel with bank height ratios of 1.5 and higher. Towards the lower end of Reach 2, a small intermittent tributary from a farm pond enters the stream. The tributary has also been impacted by cattle access and nutrient loading. Using the USACE Stream Quality Assessment Worksheet, Reach 2 had a total score of 43 indicating poor quality. On the NCDWQ Stream Classification Form, Reach 2 scored 38 points indicating that it is a perennial stream (see attached form). Scattered red maple (Acer rubrum), sweetgum (Liquidambar sfyraciflua), and black willow (Salix nigra) can be found within the riparian buffer. The scattered trees provide very little in the way of habitat and mainly serve as shade for cattle. 2 2.2 PROPOSED RESTORATION The proposed stream restoration will be designed using Natural Channel Design Methodology. Design parameters will be determined from data on the existing stream reaches as well as measurements on reference reaches. Reference reaches provide natural channel design criteria that are based on measured morphological relationships from stable channels. Dimensionless ratios are calculated from reference reach surveys in order to determine stable channel dimension, pattern, and profile ranges for the restoration. Several reference reaches for other nearby stream restorations have already been identified in the area. These will be examined to determine if they are appropriate for the Harpers Crossroads stream restoration and additional reference reaches may be sought if needed. Criteria used to identify potential reference reaches include: current land use, drainage area, stream order, absence of man-made alterations or beaver dams, stream classification, and stream condition. It is an anticipated that most of the restoration will be designed using -Priority I techniques. Priority I restorations return the channel to the original floodplain elevation. Portions of Reach 2 may be designed using Priority II techniques that involve creating a new channel floodplain at a lower elevation. The stream design parameters must allow the stream to transfer sediment through the restoration reach without aggrading or degrading over time. Flood analysis will confirm that the stream restoration project will not increase flood stage following construction. Stabilizing structures will be added to the restored stream channel. 2.2.1 REACH 1 Restoration of Reach 1 will consist of a Priority 1 stream restoration which will include providing a defined, stable channel for the stream and establishing a forested riparian buffer at least 50 feet wide on either side. A new C channel will be excavated within the conservation easement. The new channel will increase the sinuosity of the stream, reestablish a pool / riffle pattern, and provide instream habitat for aquatic life. Instream structures such as cross vanes, J -hooks, and rock vanes may be added to provide channel stability and habitat. The stream design for Reach 1 will also address a portion the small tributary that flows south into the reach. A bottomland hardwood community will be established around the confluence of the two channels that will assist with nutrient removal. A hardwood buffer will be planted along the newly restored channel and within the conservation easement. Cattle will be fenced out of the easement area. 2.2.2 REACH 2 Most of the reach will be restored as a Priority 1 restoration by establishing a stable stream channel within the partially abandoned floodplain of the stream. A small portion of stream near the road may be restored as Priority 2 due to the grade of the road culvert. As with Reach 1, a new C channel will be excavated within the conservation easement. The new channel will increase the sinuosity of the stream, reestablish a pool / riffle pattern, and provide instream habitat for aquatic life. Instream structures such as cross vanes, J -hooks, and rock vanes may be added to provide channel stability and habitat. 3 The existing trees within the riparian area will be preserved as part of the riparian buffer for the new channel. Excavated material from the new channel construction will used to fill portions of the old channel. Portions of the old channel that are not filled will be contoured to form vernal pools. Cattle will be fenced out of the easement area. The stream design for Reach 2 will address a small tributary that flows south into the reach from a farm pond. The design will incorporate features to allow for some nutrient removal from the tributary. A bottomland hardwood community will be established around the confluence of the two channels. 2.3 PROPOSED PLANTING PLAN The proposed planting plan will include fast growing shrubs live staked along the stream banks and seedlings of typical Piedmont bottomland hardwood species planted in the riparian zone and the rest of the conservation easement. The proposed planting plan will contain a list of recommended species that can be used depending on availability at the time of construction (see Table 2.3) Table 2.3 Planting Plan Summary Table Silky dogwood (Cornus amonum) — Tag alder (Alnus serrulata) -- Virginia willow (Itea vi inica) --- Silky willow (Salix sericea) Elderberry (Sambucus Canadensis --- River birch (Betula nigra) Red chokeberry (Amnia arbutifolia Green ash (Fraxinus pennsylvanica) Doghobble (Leucothoe axillades American sycamore (Platanus occidentalis) Inkberry (Ilex glabra), Willow oak (Quercus phellos) Male -berry (Lyonia ligustrina) Overcup oak (Quercus lyrata) Winterberry (ilex ve►ticillata) American elm (Ulmus americana), Highbush blueberry (Vaccinium corymbosum) American holly (Ilex opaca) Rhododendron (Rhododendron sp.) White oak (Quercus alba) Beautyberry (Callicarpa americana). Swamp Chestnut oak (Quercus michauxi►) 2.4 MONITORING / SUCCESS CRITERIA The stability of the stream channel will be monitored annually for at least five years or until success criteria are satisfied. Monitoring protocols will be based upon the Stream Mitigation Guidelines (USACE et al., 2003) and could include photo documentation, channel stability, plant survival, and ecological function of the restored stream. The Site will be visually inspected after construction and planting. An "as -built" report will be provided to the permitting agencies within 90 days of completion of all construction activities. The "as -built" will include final plan view, species composition and numbers, and photograph reference points. 4 A monitoring report will be prepared annually for submission to regulatory agencies. The report will address stream stability and vegetative success aspects of the project. If remedial action is required, it will be identified in the report and implemented as soon as practical. 2.5 LAND DISPOSITION A conservation easement for both land parcels was purchased and recorded at the Chatham County Clerk's Office on October 29, 2005. The easement will be held by Mid -Atlantic Mitigation, LLC during the restoration and monitoring period. After the restoration has been deemed successful by the agencies, MAM will attempt to identify a qualified land conservancy willing to accept. and hold the easement. If a long-term conservancy is not located MAM will ask the NC Ecosystem Enhancement Program (NCEEP) to hold the easement. If NCEEP declines to hold the easement MAM will continue to hold and enforce the terms of the easement. 3.0 RESTORATION SCHEDULE The proposed schedule for the Harper Crossroads stream restoration site is shown below. It is anticipated that the field work and reference reach site search would take place early this Spring, with the design being completed for construction during the summer of 2005. Vegetation would be planted in December 2005 after the seedlings go dormant. The first year of monitoring would occur in September 2006. Complete Field and Reference Reach Work March 2005 Design Complete May 2005 Begin Construction June 2005 Complete Construction September 2005 Complete Planting December 2005 First Year of Monitoring September 2006 4.0 CONCLUSION The stream mitigation proposed for impacts by the Newland Communities Briar Chapel development includes the restoration of approximately 2000 linear feet of degraded channel at the Harpers Crossroads Stream Restoration Site. Using a sinuosity of approximately 1.2, it is estimated that the Harpers Crossroads Site will yield 2200 to 2400 linear feet of restored stream channel. At a 1:1 mitigation ratio, this should yield 2200 to 2400 stream mitigation units for Newland Communities. A unit of stream mitigation is equal to one linear foot of stream restoration. The proposed stream restoration, establishment of woody riparian buffers, and cattle exclusion will also improve the water quality of the stream as well as restore aquatic habitat in the stream and create a wildlife corridor through the pasture. With other stream restoration projects in the -watershed, there should be continued water quality improvements to Bear Creek. The complete restoration plan for the Harpers Crossroads Site will contain a more detailed discussion of the existing conditions, reference reach analysis, methodology, and the proposed restoration. The plan will include stream design details including the parameters for the 5 dimension, pattern, and profile, a planting plan for the riparian buffer and location of fencing to exclude the cattle. k 1 J Harpers Crossroads Site t � , IT �v 1� K(1 '7( _. •.' 1. � ` ' f, r L : •� /i� � 1 y D 0.5 1 Miles Legend Chatham county Restoration Reach Tax Parcels :� Stantec Consulting Mid -Atlantic Mitigation, LLC Newland Communities Harpers Crossroads Mitigation Site Figura 1. Project Vicinity 0 250 500 eet Legend Exisdng Stream Intermitte nt Tributary Tax Parcels Roads VA Stantec Consulting Mid -Atlantic Mitigation, LLC Newland Communities Harpers Crossroads Mitigation Site Figure 3. Existing Conditions 0 0.25 o.iEes Sbu tec ConsLftft Ind-Att is Miti9aticn U.0 Legend - - mars OMssroads Proposed Restoration Newland Communitles W #Ursf»d.Are- Harpers Crossroads Mitigation Site goads lure 3. Watershad Area (460 acj H 0 250 11010000— eet Legend 0 Conservation Easement Harpers Crossroads Proposed Restoration Interrrrtte nt Tributary Roads Q0 Stantec Consulting Mid -Atlantic Mitigation, LLC Newland Communities Harpers Crossroads Mitigation Site Figure 4. Conceptual Plan HARPERS CROSSROADS SITE Photographs and Stream Forms 10 Hoof shear is evident within the Reach 1 of Harpers Crossroads Site. Reach 1 of Harpers Crossroads is currently a braided channel that is ' impacted by cattle within the pasture. 11 r Reach 2 of the Harpers Crossroads Site from Siler City -Glendon Road can be designed as a Priortiy 1 restoration to achieve floodplain. Hoof shear is evident along the banks of Reach 2. Impacts have resulted in incised areas of the channel. 12 Attachment 2.2 NC In -Lieu Fee Documentation "TF 'D5-D'i3a vto ,Ecotem PROGRAM RECEIPT February 19, 2009 Lee Bowman Briar Chapel by Newland Communities 16 Windy Knoll Circle Chapel Hill, NC 27516 Project: Briar Chapel County: Chatham DWQ #: 05-0732 USACE Action ID: 2001-21252 EEP No.: ILF- 2005-4136 Amount Paid: $44,700.00 Check Number: 3221 The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including SL 2008-152, An Act to Promote Compensatory Mitigation by Private Mitigation Banks. _ The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation ( requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin HUC Cape Fear 03030002 Stream Credits (linear feet) Wetland Credits (acres) Buffer 1& 11 (Sq. Ft.) Cold Cool Warm Riparian Non-Ri arian Coastal Marsh 0 0 0 0.6655 0 0 0 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the EEP mitigation requirements in the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973 or Kelly Williams at (919) 716-1921. Sincerely, 0 William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Monte Matthews, USACE—Raleigh, Thelma Hemmingway, USACE Wilmington Nicole Thomson, agent File _ RP.St01'G?... F Prm" OW StagRUN North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / www.neeep.net Attachment 2.3 Recorded Easement Documentation 1371 1174 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Nov 21, 2007 AT 04:03:54 pm BOOK 01371 START PAGE 1174 END PAGE 1189 BOOK 13 71 PAcc i 17 4 INSTRUMENT # 15040 Prepared by and after recording return to: Kilpatrick Stockton LLP (CAB) 3737 Glenwood Ave., Ste. 400 Raleigh, NC 27612 DECLARATION OF COVENANTS AND RESTRICTIONS — RIPARIAN AREAS THIPPECLARATION OF COVENANTS AND RESTRICTIONS ("Restrictive Covenant'), is made on this� day of November, 2007 by CAMERON PROPERTIES LIMITED PARTNERSHIP, a North Carolina limited partnership, DANIEL D. CAMERON, JR. (single), of Durham County, North Carolina, and FIVE STAR GROUP, L.L.C., a North Carolina limited liability company, (the "Declarants'); WITNESSETH: THAT WHEREAS, the Declarants are the present owners of certain property located in Chatham County, North Carolina, constituting approximately 32.7 acres, more or less, which is more particularly described on Exldbft A attached hereto and incorporated herein by this reference (the "Conservation Areas"), except that the Conservation Areas shall not include wetlands, streams, and riparian areas authorized for impacts in accordance with the following permits issued to NNP -Briar Chapel, LLC (the "Permittee'l: (a) DOA Permit No. 200121252 dated October 2, 2006, as may be amended from time to time, and (b) North Carolina Department of Environment and Natural Resources, Division of Water Quality ("DWQ") Certification No. 2005-0732 dated May 9, 2006, as may be amended from time to time (collectively, the "Permits"); and WHEREAS, for the purposes of this Restrictive Covenant, the "Riparian Buffers" shall mean the following areas which lie within the above boundaries of the Conservation Areas: L 100 -foot buffers on either side of all perennial streams, measured from the top of bank; ii. 50 -foot buffers on either side of all intermittent streams, measured from the top of bank; iii. 50 -foot buffers on either side of all ephemeral streams shown of the Soil Survey maps and having a drainage area of more than 25 acres, measured from the centerline of the stream; and iv. 30 -foot buffers on either side of all ephemeral streams shown of the Soil Survey maps having a drainage area of between 10 and 25 acres, measured from the centerline of the stream. Page 1 of 16 1371 1175 BOOK 13 71 1 Pact I i 75 NOW THEREFORE, the Declarants hereby unconditionally and irrevocably declare that the Conservation Areas shall be held and subject to the following restrictions, covenants and conditions, as set out herein, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Conservation Areas and to comply with the Permits, to run with the Conservation Areas and to be binding on all parties that have or shall have any right, title, or interest in the Conservation Areas. 1. purposes. The purposes of this Restrictive Covenant are to maintain, restore, enhance, and create wetland and/or riparian resources in the Conservation Areas, as more particularly described below, to contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; except as otherwise provided herein, to maintain permanently the Conservation Areas in their natural condition, consistent with these purposes; and to prevent any use of the Conservation Areas that will significantly impair or interfere with these purposes, all in accordance with the Permits. 2. Permitted Uses. The Conservation Areas shall be owned, exclusively controlled, and maintained as far as practicable, in their pristine and natural state in perpetuity; provided, however, that notwithstanding anything to the contrary in this Restrictive Covenant, the following uses shall be permitted in the Conservation Areas to the extent they do not directly impact waters of the United States (the "Permitted Uses"): a. Any use of the Conservation Areas as expressly permitted in the Permits or as otherwise may be required by the then owners of the Conservation Areas to comply with the Permits or other regulations or requirements of DOA, DWQ, or other governmental agencies with jurisdiction over the Conservation Areas; b. Use of the Riparian Buffers as follows: • Construction on pilings including without limitation elevated walkways, roads, or utility lines; • Water dependent structures; • Signs, security lights, and flag poles; • Utility lines where no practical alternative exists; • Passive recreational activities with very low impact walking trails with no impervious surface that are located at least thirty feet from the edge of the stream; • Paved trails up to eight feet in width that are located at least fifty feet from the edge of perennial and intermittent streams, provided that the buffer as a whole is extended a distance equal to the width of the trail; • Clearing and re -vegetating the stream buffer for the purposes of improving its pollutant removal efficiency, provided that no such clearing is allowed within 30 feet of a stream; • Clearing, grading and filling within the buffer in connection with road construction provided that affected areas are revegetated; • Removal of invasive species listed by the North Carolina Botanical Garden; and Page 2 of 16 1371 1176 BOOK 137 1 PAGE 1176 • Desirable artificial stream bank or shoreline stabilization, as determined by Chatham County. 3. Enforcement. The covenants and restrictions contained in this Restrictive Covenant shall be perpetual, shall run with the land, and shall be binding on the Conservation Areas by whomsoever owned. This Restrictive Covenant is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America. The Permittee shall enforce the terms of the restrictions set forth in this Restrictive Covenant in accordance with the Permits, and shall take no action in the Conservations Areas that is inconsistent with the terms of this Restrictive Covenant. The Declarants may enforce this Restrictive Covenant, but shall not be under any obligation to take enforcement action or incur liability for failure to take such enforcement action; however, the Declarants shall take no action in the Conservations Areas that is inconsistent with the terms of this Restrictive Covenant. 4. Restrictions on Use. Except as expressly reserved as a Permitted Use in this Restrictive Covenant, the Conservation Areas shall be maintained in their natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the purposes of the Conservation Areas. The following uses are prohibited, restricted, or reserved as indicated: (1) Prohibited Uses. Except for the Permitted Uses, all industrial, residential, and commercial activities are prohibited in the Conservation Areas. (2) Agricultural Timber Harvesting. Grazing and Horticultural Use. Agricultural, timber harvesting, grazing, horticultural, and animal husbandry uses of the Conservation Areas, including the use of the Conservation Areas for cropland, waste lagoons, or pastureland, are prohibited. (3) Construction. Except for the Permitted Uses, there shall be no roads, buildings, signs, building, facility, mobile home, or other structure constructed or placed in the Conservation Areas for occupancy by humans or for storage of equipment or materials not directly related to the operation and maintenance of the Conservation Areas for the Permitted Uses. (4) Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or other material in the Conservation Areas is prohibited (5) (wading Mineral Use. Excavation. Dredging. Except for the Permitted Uses, there shall be (i) no grading, filling, excavation, dredging, mining, or drilling for mineral resources on the Conservation Areas; (ii) no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials from the Conservation Areas; and (iii) no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management activities consistent with the purposes of the Conservation Areas. (6) Streams Wetlands Water Quality. and Drainage Patterns. There shall be (i) no pollution or alteration of water bodies; (ii) no activities that would be detrimental to water quality or that would alter natural water levels, drainage, sedimentation, and/or flow in or over the Conservation Area or into any surface waters, or cause soil degradation or erosion; (iii) no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or related activities; and (iv) no altering or tampering with water control structures, or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or outside of the Conservation Areas by any means, removal of wetlands, polluting or Page 3 of 16 1371 1177 BOOK 13 71 PACE i 17 7 discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited, except activities to restore or enhance natural hydrology or manage stormwater as permitted by state or any other appropriate authorities. (7) Disturbance of Vegetation and Natural Features. Except for the Permitted Uses, there shall be no cutting, removal, mowing, harming, or destruction of any vegetation in the Conservation Areas or disturbance of other natural features in the Conservation Areas except for selective cutting and prescribed burning or clearing of vegetation and the application of approved pesticides for fire containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants. 5. Additional Rights of the Owners of the Conservation Areas. The Permittee shall have the right to undertake or continue the Permitted Uses on the Conservation Areas. No provision of this Restrictive Covenant shall be construed to impair the ability of the then owners of the Conservation Areas to sell the Conservation Areas subject to this Restrictive Covenant or to use the Conservation Areas for collateral for borrowing purposes, provided that any mortgage or lien arising from such loan shall be subordinated to this Restrictive Covenant. Any deed to secure debt, deed of trust, or mortgage affecting any portion of the Conservation Areas shall at all times be subject and subordinate to the terms of this Restrictive Covenant, and any party foreclosing any such deed to secure debt, deed of trust, or mortgage, or acquiring title by deed in lieu of foreclosure, shall acquire title subject to all of the restrictions and covenants of this Restrictive Covenant. 6. Transfer of Conservation Areas. Nothing in this Restrictive Covenant shall preclude the then owners of the Conservation Areas from imposing additional easements on the Conservation Areas or conveying any interest in the Conservation Areas to a donee eligible to hold property for conservation purposes within the meaning of Section 170(h)(3) of the Internal Revenue Code and the regulations promulgated thereunder. The obligation to comply with this Restrictive Covenant shall run with the land, and no former owner of the Conservation Areas, after such owner has conveyed all of its right, title, and interest in and to the Conservation Areas to another party, shall have any further obligation with respect to compliance with this Restrictive Covenant. 7. Amendment. This Restrictive Covenant may be amended, modified, or terminated by the then owners of the Conservation Areas at the time, but only with the written consent of DOA and DWQ. The consent of any other parties shall not be required. 8. Interpretation. This Restrictive Covenant shall be construed and interpreted under the laws of the State of North Carolina. Any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes of this Restrictive Covenant. 9. Termination. If it is determined that conditions on or surrounding the Conservation Areas have changed to such an extent that it becomes impossible to fulfill the purposes set forth in this Restrictive Covenant, a court with jurisdiction may, at the joint request of the owners of the Conservation Areas at the time, DOA, and DWQ (or their respective successors and assigns) terminate the covenants and restrictions in this Restrictive Covenant. If a condemnation of a part of the Conservation Areas or of the entire Conservation Areas by a public authority or other authorized entity renders it impossible to fulfill any of these purposes, the covenants and restrictions in this Restrictive Covenant may be terminated through such condemnation proceedings. Page 4 of 16 1371 1178 BOOK 13 7 1 PAGE i 17 8 10. Severability. If any covenant or restriction of this Restrictive Covenant is found to be invalid, the remaining provisions of this Restrictive Covenant, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. IN WITNESS WHEREOF, the undersigned have executed the foregoing instrument the day and year first above written. [Remainder of Page Intentionally Left Blank. Signature/Notary Pages Follow] Page 5 of 16 1371 1179 STATE OF NORTH CAROLINA COUNTY OF ikeAA AA,noJer BOOK 137 j. PAGE Y M CAMERON PROPERTIES LIMITED PARTNERSHIP, a North Carolina limited partnership BY:4JL—(SEAL) Cott C. Sullivan, General Partner BY: 1144. �'�)4� (SEAL) Adair M. Grah Jr., Gen a1 Partner BY: (SEAL) Je V. H dee, General Partner Z. "'A'lt- , a Notary Public of IJP \�ancJtr County, North Carolina, do hereby certify that SCOTT C. SULLIVAN, ADAIR M. GRAHAM, JR., and JABE V. HARDEE personally appeared before me this day and acknowledged that they are the General Partners of CAMERON PROPERTIES LIMITED PARTNERSHIP, a Limited Partnership, and as the act of the Limited Partnership, the foregoing instrument was signed by them as General Partners. WITNESS my hand and notarial seal or stamp, this the \' day of tiloaer%IW , 2007. No _PubliqF My Commission Expires: 1•► -ll '�dll USNW 10427495.1 Page 6 of 16 1371 1180 STATE OF NORTH CAROLINA COUNTY OF tJCw Agrw4cr BOOK 13 i 1 P OF '118 0 FIVE STAR GROUP, L L.C., a North Carolina limited liability company BY. (SEAL) illiam H. Cameron, Manager BY: �11 G d.// (SEAL) Hilda C. Dill, Manager 1, �ipnn.► �,�i 4�c�,►� , w .co a Notary Public of Ntme County, North Carolina, do hereby certify that WILLIAM H. CAMERON and HILDA C. DILL personally appeared before me this day and acknowledged that they are the Managers of FIVE STAR GROUP, L.L.C., and that by authority duly given and as the act of the company, the foregoing instrument was signed in its name by its Managers and sealed with its seal. WITNESS my hand and notarial seal or stamp, this the Rio- day of 1144e.Nwe , 2007. '/.—, F- 1.."e Notary Public tl My Commission Expires:\S 1,. J IP -44<(I/' O NOTARY _ ,y Pu3OC i- "/414'OVEii �Ilflllll� US2= 1042749S ' oer 49S' I Page 7 of 16 1371 ' 1181 eoox 13 7 1 PAGE 1.81 (SEAL) William H. Cameron, attomey-in-fact for Daniel D. Cameron, Jr. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, �n�a �• �ReAWL a Notary Public of Aarooer County, North Carolina, do hereby certify that William H. Cameron, attorney-in-fact for Daniel D. Cameron, Jr., personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of Daniel D. Cameron, Jr., and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Chatham County, North Carolina, in Book 1198, Page 500 on the 9th day of August, 2005, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said William H. Cameron acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said Daniel D. Cameron, Jr. WITNESS my hand and notarial seal or stamp, this the lam day of 2007. No Public My Commission Expires: 'A-0-200 i \`\\\AP\I11PAR,���i/� p2 .Q N0 a RG z` PV ' U52000 10427195.1 Page 8 of 16 1371 1182 eoox 13 71 PAGE -4118 2 E 'bit Conservation Area 1 Being all that certain tract of land containing 0.70 acres, located in Baldwin Township, Chatham County, North Carolina, and being more particularly described as follows: Commencing at an iron pipe marking the southeast comer of lands owned by Wade Meacham (Deed Book 814, Page 447), thence with the southern line of Meacham South 89° 18'34" West a distance of 50.84' to a point being the POINT OF BEGINNING; thence South 10°18'33" East, a distance of 13.13 feet to a point; thence South 27°4609" East, a distance of 93.87 feet to a point; thence South 04°45'57" West, a distance of 62.01 feet to a point; therimSoutth 15°57'07" West, a distance of 62.38 feet to a point; thence South 10"3728" West, a distance of 59.54 feet to a point; thence South 15*5T08" East, a distance of 43.66 feet to a point; thence South 53°08'32" East, a distance of 41.34 feet to a point; thence South 17'31'58" East, a distance of 92.89 feet to a point; thence along a non -tangent curve to the right having a radius of 30.18 feet, an arc length of 101.37 feet and a chord bearing and distance of South 72"28'02" West, 60.00 feet to a point; thence North 17"31'58" West, a distance of 73.62 feet to a point; thence North 53008'32" West, a distance of 42.25 feet to a point; thence North 15°5708" West, a distance of 78.02 feet to a point; thence North 1003T28" East, a distance of 76.50 feet to a point; thence North 15°57'07" East, a distance of 59.30 feet to a point; thence North 04°45'57" East, a distance of 38.62 fed to a point; thence North 2704609" West, a distance of 85.57 feet to a point; thence North 10" 18'33" West, a distance of 32.51 fed to a point; thence North 89°18'34" East, a distance of 60.86 fed to a point to the Point of BEGINNING containing 30,284 square fed or 0.70 acres, more or less. Conservation Area 2A Being all that certain tract of land containing 12.92 acres, located in Baldwin Township, Chatham County, North Carolina, and being more particularly described as follows: Commencing at an existing iron pipe marking the southeast corner of lands owned by Marvin Meacham (Deed Book 564, Page 794, Chatham County Registry); thence Notch 29°32'35" East, a distance of 76.14 -feet to the Point of BEGINNING; thence North 29033'09" East, a distance of 272.64 fed to a point; thence North 06"35'43" West, a distance of 71.68 feet to a point; thence North 20°19'07" West, a distance of 343.32 feet to a point; thence North 04"4539" West, a distance of 523.75 fed to a point; thence North 09032'14" West, a distance of 288.56 feet to a point; thence North 09°34'24" West, a distance of 580.24 fed to a point; thence North 88"4941" East, a distance of 24.89 feet to a point; thence South East 87°57'07" East 11.96 feet to a point; thence South 19°4243" East, a distance of 384.79 feet to a point; thence South 02°27'33" West, a distance of 86.99 feet to a point; thence South 13°4743" East, a distance of 132.19 fed to a point;. thence South 20°2734" West, a distance of 38.86 fed to a point; thence South 0902237" East, a distance of 131.50 feet to a point; thence South 17"55'41" East, a distance of 88.66 feet to a point; thence South 10"07'59" East, a distance of 87.49 fed to a point; thence South 40° 14'31" East, a distance of 16.02 fed to a point; thence South 38°55'51" East, a distance of 77.85 fed to a point; thence South 10°20'54" West, a distance of 40.20 fed to a point; thetice South 25001'15" East, a distance of 66.89 fed to a point; thence South 14"20'32" West, a distance of 168.04 feet to a point; thence South 63°34'13" West, a distance of 20.23 fed to a point; thence South 07015'12" West, a distance of 54.78 feet to a point; thence South 19"48'45" East, a distance of 68.25 fed to a point; thence South 02"32'52" West., a distance of 78.03 fed to a point; thence South 09°08'38" East, a distance of 5.21 fed to a point; thence South 23022'48" East, a distance of 41.96 fed to a point; thence South 34'0758" East, a distance of 87.32 feet to a point; thence South 24°00'55" East, a distance of 84.16 fed to a point; thence continue southeasterly along said line, a distance of 0.53 feet; thence North 81 "29'10" East, a distance of 1.27 fed to a point; thence South 7301639" East, a distance of 28.86 fed to a point; thence continue easterly along said line, a distance of 14.18 fed; thence continue easterly along said line, a distance of 11.16 feet; thence North 84"24'39" East, a distance of 39.51 fed to a point; thence continue easterly along said line, a distance of 13.12 feet; thence South 88°48'52" East, a distance of 51.96 feet to a point; thence North 8005953" East, a distance of 63.61 fed to a point; thence along a non -tangent curve to the right having a radius of 103.53 feet, an arc length of 62.48 feet and a chord beating and distance of South 66"51'54" East, 61.54 feet to a point; thence North 63028' 10" East, a distance of 63.14 feet Page 9 of 16 1371 1183 eoox 13 71 PmE i 18 3 to a point; thence South 84136'57" East, a distance of 48.09 feet to a point; thence North 82°2343" East, a distance of 52.14 feet to a point; thence South t10' 1734" West, a distance of 96.21 feet to a point; thence North 86' 11'03" East, a distance of 153.19 feet to a point; thence South 76°59'21 " East, a distance of 162.02 feet to a point; thence North 89°04'45" East, a distance of 310.24 feet to a point; thence North 72'03'12" East, a distance of 116.90 feet to a point; thence South 86°23'59" East, a distance of 243.53 to a point; thence South 25' 18'58" West, a distance of 656.48 feet to a point; thence South 24007'20" West, a distance of 302.24 feet to a point; thence South 59'04' 15" West, a distance of 6.13 feet to a point; thence South 13°04'34" West, a distance of 3.16 feet to a point; thence along a non -tangent curve to the right having a radius of 52.54 feet, an arc length of 8.06 feet and a chord bearing and distance of South 27'53' 16" West, 8.06 feet to a point; thence South 26°04'07" East, a distance of 4.47 feet to a point; thence South 2400720" West, a distance of 133.51 feet to a point; thence South 19°5726" West, a distance of 108.97 feet to a point; thence South 55°24'18" West, a distance of 100.01 feet to a point; thence North 77153'04" West, a distance of 58.77 feet to a point; thence along a non -tangent curve to the right having a radius of 50.00 feet, an arc length of 20.57 feet and a chord bearing and distance of North 06021'57" East, 20.42 feet to a point; thence North 18°09'02" East, a distance of 3.00 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc length of 78.54 feet and a chord bearing and distance of North 63°09'02" East, 70.71 feet to a point; thence South 71°50158" East, a distance of 0.36 feet to a point; thence North 44136'01" East, a distance of 15.56 feet to a point; thence North 56' 13'01" East, a distance of 21.61 feet to a point; thence North 16029'50" East, a distance of 28.88 feet to a point; thence North 35°48'56" East, a distance of 3.69 feet to a point; thence North 09'16'20" West, a distance of 16.96 feet to a point; thence North 06°39145" West, a distance of 40.65 feet to a point; thence North 09°24'48" East, a distance of 45.94 feet to a point; thence North 15°46'06" East, a distance of 98.57 feet to a point; thence North 15°35'57" East, a distance of 3930 feet to a point; thence North 52"21'56" East, a distance of 34.85 feet to a point; thence North 59'04' 15" East, a distance of 36.89 feet to a point; thence North 15°52'17" East, a distance of 33.56 feet to a point; thence North 41°55'19" East, a distance of 23.11 feet to a point; thence North 16°34'23" West, a distance of 6.21 feet to a point; thence North 0405920" East, a distance of 32.43 feet to a point; thence North 28038'32" East, a distance of 39.59 feet to a point; thence North 25'58'55" East, a distance of 13.11 feet to a point; thence North 08°27'19" West, a distance of 14.14 feet to a pointe thence North 18'24736" East, a distance of 27.04 feet to a point; thence North 23'31'35" East, a distance of 24.62 feet to a point; thence North 24' 18'00" East, a distance of 25.84 feet to a point; thence North 25'35' 14" fast, a distance of 29.13 feet to a point; thence along a non -tangent curve to the right having a radius of 50.34 feet, an arc length of 54.95 feet and a chord bearing and distance of North 50'14' 19" East, 52.26 feet to a point; thence North 14'20'37" East, a distance of 8.07 feet to a point; thence North 33'12'35" East, a distance of 19.78 feet to a point; thence North 09030'55" East, a distance of 43.70 feet to a point; thence along a non -tangent curve to the right having a radius of 50.12 feet, an arc length of 64.73 feet and a chord bearing and distance of North 42'3654" East, 60.33 feet to a point; thence North 17000'20" East, a distance of 44.60 feet to a point; thence South 88'23'27" East, a distance of 0.89 feet to a point; thence North 08' 1 T30" East, a distance of 75.50 feet to a point; thence North 39'28'55" East, a distance of 38.56 feet to a point; thence North 11'52'44" East, a distance of 5.77 feet to a point; thence North 18021'23" West, a distance of 7.00 feet to a point; thence North 63'0708" West, a distance of 79.03 feet to a point; thence continue northwesterly along said line, a distance of 135.31 feet; thence South 70'25' 14" West, a distance of 90.28 feet to a point; thence North 3092'55" West, a distance of 11.33 feet to a point; thence North 88'54'46" West, a distance of 253.97 feet to a point; thence North 24015'03" West, a distance of 24.03 feet to a point; thence South 89'1730" West, a distance of 31.90 feet to a point; thence North 77'2632" West, a distance of 55.94 feet to a point; thence South 85'35'36" West, a distance of 45.76 feet to a point; thence South 87'5T56" West, a distance of 65.92 feet to a point; thence South 82'2343" West, a distance of 77.52 feet to a point; thence North 84'36'57" West, a distance of 11.95 feet to a point; thence South 63028'10" West, a distance of 44.10 feet to a point; thence South 75'56'13" West, a distance of 93.99 feet to a point; thence along a curve to the right having a radius of 80.00 feet, an arc length of 97.02 feet and a chord bearing and distance of North 69' 19'14" West, 9 1. 18 feet to a point; thence North 34'34'42" West, a distance of 1.06 feet to a point; thence North 88048'52" West, a distance of 43.29 feet to a point; thence South 84'2439" West, a distance of 13.11 feet to a point; thence continue westerly along said line, a distance of 50.09 feet; thence continue westerly along said line, a distance of 18.41 feet; thence North 7301639" West, a distance of 48.61 feet to a point; thence South 81'29'10" West, a distance of 68.65 feet to a point; thence South 02'34'21" West, a distance of 0.75 feet to a point; thence continue southerly along said line, a distance of 0.82 feet; thence continue southerly along said line, a distance of 23.86 feet; thence South 21'56'47" West, a distance of 54.28 feet to a point; thence South 08024'54" East, a distance of 109.23 feet to a point; thence South 18'0657" West, a distance of 50.85 feet to a point; thence South 30'16'00" West, a distance of 25.89 feet to a point; thence South 35'48'16" East, a distance of 17.88 feet to a point; thence South 14'23'50" West, a distance of 112.13 feet to a point; thence South 28'03'34" West, a distance Page 10 of 16 1371 1184 BOOK 137 l MACE i 18 4 of 14.62 feet to a point; thence South 09°5753" Fact, a distance of 16.69 feet to a point; thence South 15°46'34" East, a distance of 49.53 feet to a point; thence South 14'54'16" West, a distance of 12.13 feet to a point; thence South 60'08'42" East, a distance of 24.29 feet to a point; thence South 19041'17" East, a.distance of 52.66 feet to a point; thence along a non -tangent curve to the right having a radius of 64.10 feet, an arc length of 18.44 feet and a chord bearing and distance of South 42'0721" East, 18.38 feet to a point; thence South 04°51' 12" West, a distance of 90.22 feet to a point; thence along a non -tangent curve to the right having a radius of 64.10 feet, an arc length of 18.70 feet and a chord bearing and distance of South 51057109" West, 18.63 feet to a point; thence along a non -tangent curve to the right having a radius of 55.02 feet, an arc length of 39.04 feet and a chord bearing and distance of South 31157'08" West, 38.23 feet to a point; thence South 76°5708" West, a distance of 37.74 feet to a point; thence along a non -tangent carve to the right having a radius of 50.95 feet, an arc length of 60.35 feet and a chord bearing and distance of Notch 58°02'52" West, 56.89 feet to a point; thence North 1300752" West, a distance of 19.55 feet to a point; thence along a non -tangent curve to the right having a radius of 50.00 feet, an arc length of 78.54 feet and a chord bearing and distance of North 26" 11'45" West, 70.71 feet to a point; thence North 17°59'40" East, a distance of 14.97 feet to a point; thence along a non -tangent curve to the right having a radius of 50.04 feet, an arc length of 34.13 feet and a chord bearing and distance of North 00° 19'04" East, 33.47 feet to a point; thence along a non -tangent curve to the right having a radius of 50.01 feet, an arc length of 45.51 feet and a chord bearing and distance of North 09°37133" West, 43.95 feet to a point; thence Notch 17°50'27" East, a distance of 28.37 feet to a point; thence North 14°15'29" West, a distance of 25.31 feet to a point; thence North 08°25'06" West, a distance of 56.70 feet to a point; thence North 28003'34" East, a distance of 37.00 feet to a point; thence North 14°23'50" East, a distance of 22.75 feet to a point; thence North 01°04'52" East, a distance of 84.76 feet to a point; thence North 30'1600" East, a distance of 47.31 feet to a point; thence North 14°41'07" East, a distance of 21.88 feet to a point; thence North 07°38'06" West, a distance of 35.79 feet to a point to the Point of BEGINNING containing 562,668 square feet or 12.92 acres acres, more or less. Conservation Area 2B Being all that certain tract of land containing 16.91 acres, located in Baldwin Township, Chatham County, North Carolina, and being more particularly described as follows: Beginning at an existing iron pipe on the southern line of lands owned by Robert Lindley (Deed Book 586 Page 826, Chatham County Registry); thence North 01 °4936" West, a distance of 77.63 feet to a point; thence South 29°49157" East, a distance of 52.92 feet to a point; thence North 25°1624" West, a distance of 51.48 feet to a point; thence North 06°20'11" West, a distance of 51.02 feet to a point; thence North 88019'52" East, a distance of 0.51 feet to a point; thence South 64" 12'53" East, a distance of 11.24 feet to a point; thence South 12°08'54" East, a distance of 37.13 feet to a point; thence South 54°21' 13" East., a distance of 14.22 feet to a point; thence South 43°30'55" East, a distance of 34.60 feet to a point; thence South 35°48'44" East, a distance of 42.62 feet to a point, thence South 40°1212" West, a distance of 24.78 feet to a point; thence South 0605728" East, a distance of 44.69 feet to a point; thence South 66° 13'17" East, a distance of 21.32 feet to a point; thence South 77°26'05" East, a distance of 25.58 feet to a point; thence North 88'53'12" West, a distance of 25.53 feet to a point; thence South 08°22'40" East, a distance of 27.19 feet to a point; thence South 25048'03" East, a distance of 34.70 feet to a point; thence South 67' 16' 11" East, a distance of 51.33 feet to a point; thence South 38°33'17" East, a distance of 17.25 feet to a point; thence South 87°5744" East, a distance of 48.09 feet to a point; thence North 50°4725" East, a distance of 18.15 feet to a point; thence along a non -tangent curve to the right having a radius of 50.82 feet, an arc length of 50.85 feet and a chord bearing and distance of North 89°44'42" East. 48.76 feet to a point; thence South 51"18'02" East, a distance of 46.05 feet to a point; thence South 72°26'50" East, a distance of 6.88 feet to a point; thence continue easterly along said line, a distance of 17.06 feet; thence along a non -tangent curve to the right having a radius of 50.09 feet, an arc length of 62.47 feet and a chord bearing and distance of South 40004'21 " East, 58.50 feet to a point; thence South 07°41'51" East, a distance of 49.48 feet to a point; thence South 26°02'20" West, a distance of 61.86 feet to a point; thence South 11058'15" East, a distance of 28.23 feet to a point; thence South 24°3717" East, a distance of 37.17 feet to a point; thence South 06037'52" East, a distance of 76.26 feet to a point; thence South 15°12'28" East, a distance of 5.41• feet to a point; thence South 040 10'26" East, a distance of 116.78 feet to a point; thence South 24°41' 17" West, a distance of 63.96 feet to a point; thence South 05°02'25" West, a distance of 48.66 feet to a point; thence South 05°3716" East, a distance of 23.03 feet to a point; thence South 48°25'29" East, a distance of 5.90 feet to a point; thence North 24°37'21" East, a distance of 37.98 feet to a point; thence North 25'30'53" East, a distance of 24.06 Page 11 of 16 4371 1185 BOOK 13 7 1 PAbE l 18 5 feet to a point; thence North 23004'38" East, a distance of 29.21 feet to a point; thence North OTOT23" East, a distance of 53.22 feet to a point; thence North 1805T47" West, a distance of 48.30 feet to a point; thence North 0101417" East, a distance of 36.04 feet to a point; thence North 48°32'26" East, a distance of 28.62 feet to a point; thence South 18°34'05" East, a distance of 33.52 feet to a point; thence South 24°0475" East, a distance of 34.78 feet to a point; thence South 11°43'05" East, a distance of 44.95 feet to a point; thence South O1°15'42" West, a distance of 47.19 feet to a point; thence South 20°19'20" West, a distance of 33.09 feet to a point; thence South 29°3T55" West, a distance of 65.57 feet to a point; thence South 43°25'52" West, a distance of 27.82 feet to a point; thence along a non -tangent curve to the right having a radius of 50.13 feet, an arc length of 46.64 feet and a chord bearing and distance of South 04°20'54" West, 44.98 feet to a point; thence South 26°48'42" West, a distance of 46.96 feet to a point; thence South 00°33'47" East, a distance of 19.38 feet to a point; thence South 31 °3T56" West, a distance of 29.56 feet to a point; thence South 02"42' 16" West, a distance of 27.84 feet to a point; thence South 24°23' 16" West, a distance of 62.11 feet to a point; thence South 10038'49" West, a distance of 82.15 feet to a point; thence South 47°09'47" West, a distance of 20.15 feet to a point; thence South 1802225" West, a distance of 62.18 feet to a point; thence South 07°45'40" East, a distance of 11.29 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc length of 48.50 feet and a chord bearing and distance of South 20°01'45" West, 46.62 feet to a point; thence South 47°49'10" West, a distance of 8.04 feet to a point; thence South 20°58'40" West, a distance of 12.36 feet to a point; thence South 25123147" West, a distance of 72.70 feet to a point; thence South 28°5644" East, a distance of 6.32 feet to a point; thence South 15°29'02" West, a distance of 81.47 feet to a point; thence South 36° 10'28" West, a distance of 9.34 feet to a point; thence South 38028'44" East, a distance of 5.80 feet to a point; thence South 00°0634" West, a distance of 69.38 feet to a point; thence along a non -tangent curve to the right having a radius of 50.01 feet, an arc length of 28.23 feet and a chord bearing and distance of South 151 1T47" West, 27.86 feet to a point; thence along a non -tangent curve to the right having a radius of 53.01 feet, an arc length of 42.94 feet and a chord bearing and distance of South 09°54'47" West, 41.78 feet to a point; thence South 37°2253" East, a distance of 4.29 feet to a point; thence South 30°2621" West, a distance of 67.20 feet to a point; thence South 17°20'23" West, a distance of 37.38 feet to a point; thence South 10°11'54" East, a distance of 6.23 feet to a point; thence along a non.. tangent curve to the right having a radius of 50.28 feet, an are length of 34.24 feet and a chord bearing and distance of South 150 18'33" West, 33.59 feet to a point; thence South 2605753" East, a distance of 21.79 feet to a pointe thence South 61°43'17" East, a distance of 45.02 feet to a point; thence South 30°37'570 East, a distance of 31.24 feet to a point; thence South 63004'07" East, a distance of 17.56 feet to a point; thence South 44°09'34" East, a distance of 49.00 feet to a point; thence South 6103T26" East, a distance of 40.06 feet to a point; thence South 5904837" East, a distance of 70.14 feet to a point; thence South 36°07101" East, a distance of 53.66 feet to a point; thence South 37001'34" East, a distance of 47.04 feet to a point; thence South 50°00'05" East, a distance of 40.11 feet to a point; thence South 21 °51'25" East, a distance of 78.85 feet to a point; thence South 05°50'20" West, a distance of 92.82 feet to a point; thence South 06°41' 15" West, a distance of 66.96 feet to a point; thence South 07°45'02" East, a distance of 20.14 feet to a point; thence South 560OT45" East, a distance of 29.09 feet to a point; thence South 16°305" East, a distance of 94.79 feet to a point; thence South 27°51'38" West, a distance of 84.35 feet to a point; thence South 78058'18" East, a distance of 5.08 feet to a point; thence South 31 "3T51" East, a distance of 52.67 feet to a point; thence South 38°52'11" East, a distance of 47.07 feet to a pointe thence South 42°30'57" East, a distance of 53.31 feet to a point; thence South 32°04'51" East, a distance of 61.95 feet to a point; thence South 40004'19" East, a distance of 1.47 feet to a point; thence North 27° 13'59" East, a distance of 65.92 feet to a point; thence along a non -tangent curve to the right having a radius of 50.42 feet, an arc length of 56.67 feet and a chord beating and distance of North 50009'46" East, 53.73 feet to a point; thence North 74059'03" East, a distance of 6.35 feet to a point; thence North 43`5736" East, a distance of 19.38 feet to a point; thence along a non -tangent curve to the right having a radius of 50.05 feet, an arc length of 46.03 feet and a chord bearing and distance of North 72°4TO6" East, 44.42 feet to a point; thence South 83°20'47" East, a distance of 26.61 feet to a point; thence along a non -tangent curve to the right having a radius of 50.16 feet, an we length of 65.78 feet and a chord bearing and distance of North 7701T14" East, 61.17 feet to a point; thence along a nor -tangent curve to the tight having a radius of 50.00 feet, an arc length of 10.40 feet and a chord bearing and distance of North 32°24'48" East, 10.38 feet to a point; thence along a non -tangent curve to the right having a radius of 50.57 feet, an arc length of 21.65 feet and a chord bearing and distance of North 14040'37" West, 21.48 feet to a point; thence North 11003'21" West, a distance of 40.42 feet to a point; thence along a non -tangent curve to the right having a radius of 50.10 feet, an arc length of 40.07 feet and a chord bearing and distance of North Or 14' 10" East, 39.01 feet to a point; thence North 27°31'40" East, a distance of 54.52 feet to a point; thence North 58°43'11" East, a distance of 35.74 feet to a point; thence North 40°01'26" East, a distance of 18.84 feet to a point; thence North 2302650" East, a distance of 64.40 feet to a point; thence North 81'21'34" East, a distance of 35.20 feet to a point; thence South 01*25'25" East, a distance of 153.00 feet to a point; thence South 35° 12'42" West, a distance of 34.38 Page 12 of 16 4371 1186 BOOR 13 ( 1 NAGE i 18 6 feet to a point; thence South 44°37'57" West, a distance of 11.09 feet to a point; thence South 13°20' 15" East, a distance of 31.15 feet to a point; thence South 08°1609" West, a distance of 87.86 feet to a point; thence South 52°1721" West, a distance of 120.08 feet to a point; thence along a non -tangent curve to the right having a radius of 56.88 feet, an arc length of 30.62 feet and a chord bearing and distance of North 83048'45" West, 30.25 feet to a point; thence North 8302947" West, a distance of 45.58 feet to a point; thence South 43°57'36" West, a distance of 19.12 feet to a point; thence South 74°59'03" West, a distance of 9.09 feet to a point; thence South 13°23'20" West, a distance of 6.94 feet to a point; thence South 51°04'59" West, a distance of 21.59 feet to a point; thence South 27°13'59" West, a distance of 14.97 feet to a point; thence South 10°01'06" West, a distance of 82.04 feet to a point; thence along a non -tangent curve to the right having a radius of 54.75 feet, an arc length of 27.54 feet and a chord bearing and distance of South 48'28'00" West, 27.25 feet to a point; thence South 14°08'11" East, a distance of 44.60 feet to a point; thence South 16°1749" West, a distance of 44.55 feet to a point; thence South 08°58'47" East, a distance of 26.93 feet to a point; thence South 00°05'20" West, a distance of 40.07 feet to a point; thence South 14°1647" East, a distance of 52.86 feet to a point; thence South 08°3926" East, a distance of 53.30 feet to a point; thence continue southerly along said line, a distance of 1.61 feet; thence South 72° 13'28" East, a distance of 0.45 feet to a point; thence continue easterly along said line, a distance of 17.78 feet; thence along a non -tangent curve to the right having a radius of 100.00 feet, an arc length of 88.06 feet and a chord bearing and distance of South 47° 15'08" East, 85.24 feet to a point; thence South 50057106" East, a distance of 103.31 feet to a point; thence South 64° 17'04" East, a distance of 55.09 feet to a point; thence along a non -tangent curve to the right having a radius of 100.50 feet, an arc length of 82.15 feet and a chord bearing and distance of South 46°35'11" East, 79.88 feet to a point; thence South 20°49139" West, a distance of 134.64 feet to a point; thence North 55°2708" West, a distance of 285.23 feet to a point; thence West, a distance of 385.53 feet to a point; thence North 86°23'59" West, a distance of 243.53 feet to a point; thence North 02058'38" West, a distance of 93.49 feet to a point; thence South 85°39'33" East, a distance of 19.75 feet to a point; thence South 55°46'21" East, a distance of 55.46 feet to a point; thence North 7911745" East, a distance of 58.55 feet to a point; thence along a non -tangent curve to the right having a radius of 100.12 feet, an arc length of 59.94 feet and a chord bearing and distance of South 80047'37" East, 59.05 feet to a point; thence South 60°52'58" East, a distance of 72.44 feet to a point; thence North 57°50'28" East, a distance of 16.79 feet to a point; thence North 7401335" East, a distance of 33.63 feet to a point; thence continue easterly along said line, a distance of 21.45 feet; thence North 29°4352" East, a distance of 7.00 feet to a poirit;^thence North 50°58'40" East, a distance of 33.56 feet to a point; thence continue northeasterly along said line, a distance of 43.31 feet; thence North 74°55'07" East, a distance of 87.11 feet to a point; thence North 82°08'31" East, a distance of 85.32 feet to a point; thence North 08030'26" West, a distance of 50.44 feet to a point; thence North 14°16'47" West, a distance of 60.88 feet to a point; thence North 00005'20" East, a distance of 45.03 feet to a point; thence North 08°58'47" West, a distance of 42.29 feet to a point; thence North 1601749" East, a distance of 38.66 feet to a point; thence North 15°4739" West, a distance of 53.03 feet to a point; thence North 17031'57" West, a distance of 31.99 feet to a point; thence North 40°04'19" West, a distance of 43.15 feet to a point thence North 32°04'51" West, a distance of 32.52 feet to a point; thence South 62°2532" West, a distance of 7.51 feet to a point thence South 6902638" West, a distance of 22.46 feet to a point; thence South 74° 14'56" West, a distance of 18.12 feet to a point; thence South 64°44'49" West, a distance of 35.03 feet to a point; thence South 86°38'01" West, a distance of 39.72 feet to a point thence along a non -tangent curve to the right having a radius of 55.07 feet, an arc length of 38.88 feet and a chord bearing and distance of South 37008'05" West, 38.07 feet to a point thence South 82°08'05" West, a distance of 29.04 feet to a point thence South 52°01'59" West, a distance of 26.81 feet to a point thence South 76°03'18" West, a distance of 14.86 feet to a point thence along a non -tangent curve to the right having a radius of 50.06 feet, an arc length of 54.99 feet and a chord bearing and distance of South 68°45'02" West, 52.27 feet to a point; thence North 82040046" West, a distance of 36.17 feet to a point; thence North 71"16'41" West, a distance of 4937 feet to a point thence North 50`35'57" West, a distance of 54.18 feet to a point; thence North 72°15'46" West, a distance of 4.98 feet to a point; thence North 48°51'22" West, a distance of 33.12 feet to a point; thence North 73°18'05" West, a distance of 6.88 feet to a point thence North 86°04'38" West, a distance of 20.64 feet to a point thence South 56°25'40" West, a distance of 1.94 feet to a point thence along a non -tangent curve to the right having a radius of 50.50 feet, an arc length of 42.67 feet and a chord bearing and distance of South 88042'08" West, 41.41 feet to a point, thence North 02°58'38" West, a distance of 130.91 feet to a point; thence South 29°04'42" East, a distance of 3.92 feet to a point; thence South 76°29124" East, a distance of 8.20 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc length of 34.20 feet and a chord bearing and distance of South 56053'36" East, 33.54 feet to a point; thence South 86°04'38" East, a distance of 51.29 feet to a point; thence South 73118'05" East, a distance of 41.05 feet to a point thence South 48°51'22" East, a distance of 34.11 feet to a point; thence South 72'15'46" East, a distance of 0.63 feet to a point; thence South 50°35'57" East, a distance of 57.04 feet to a point; thence South 72°55'32" East, a distance of 16.47 feet to a point; thence Page 13 of 16 1371 1187 BOOK 13 71 PACE i 1.8 7 North 34°22'40" East, a distance of 3.29 feet to a point; thence North 76°03'18" East, a distance of 32.32 feet to a point; thence North 52°01'59" East, a distance of 32.65 feet to a point; thence North 82°08'05" East, a distance of 10.31 feet to a point; thence North 29°58'54" East, a distance of 12.47 feet to a point; thence North 54°51'57" East, a distance of 42.78 feet to a point; thence North 8638'01" East, a distance of 55.83 feet to a point; thence North 64°44'49" East, a distance of 7.51 feet to a point; thence North 71 ° 15'01 " West, a distance of 32.95 feet to a point; thence North 59°32'09" West, a distance of 26.04 feet to a point; thence North 04°23'35" East, a distance of 32.47 feet to a point; thence North 54°51'09" West, a distance of 56.31 feet to a point; thence North 07°3T28" West, a distance of 20.86 feet to a point; thence along a non -tangent curve to the right having a radius of 50.01 feet, an arc length of 52.36 feet and a chord bearing and distance of North 15°52'54" West, 50.00 feet to a point; thence North 12°59'41" East, a distance of 47.35 feet to a point; thence North 23°36'22" East, a distance of 73.17 feet to a point; thence North 15°5734" East, a distance of 32.82 feet to a point; thence North 54° 15'58" East, a distance of 14.33 feet to a point; thence North 09059'21" West, a distance of 24.04 feet to a point; thence North 06°41' 15" East, a distance of 81.17 feet to a point; thence North 05°5920" East, a distance of 62.02 feet to a point; thence North 27'2646" West, a distance of 30.28 feet to a point; thence North 35"41' 18" West, a distance of 24.51 feet to a point; thence North 42°22'05" West, a distance of 58.08 feet to a point; thence North 26°51'08" West, a distance of 33.71 feet to a point; thence North 62°45'42" West, a distance of 43.52 feet to a point; thence Notch 57°59035" West, a distance of 56.43 feet to a point; thence North 42°58'25" West, a distance of 43.67 feet to a point; thence North 68°15'27" West, a distance of 32.87 feet to a point; thence North 25°39'15" West, a distance of 16.82 feet to a point; thence North 28049115" West, a distance of 17.93 feet to a point; thence North 61143'17" West, a distance of 47.78 feet to a point; thence North 26°5T53" West, a distance of 45.23 feet to a point; thence North 37°58'19" West, a distance of 40.08 feet to a point; thence North 04'18'18" East, a distance of 11.49 feet to a point; thence along a non -tangent curve to the right having a radius of 50.13 feet, an arc length of 56.93 feet and a chord bearing and distance of North 46° 14' 19" West, 53.92 feet to a point; thence North 09°31'48" West, a distance of 20.56 feet to a point; thence North 200 1 T42" West, a distance of 31.08 feet to a point; thence North 19°02'31 " East, a distance of 5.30 feet to a point; thence North 47°29'25" West, a distance of 0.22 feet to a point; thence along a non -tangent curve to the right having a radius of 50.01 feet, an arc length of 78.80 feet and a chord bearing and distance of North 0302909" West, 70.90 feet to a point; thence along a non -tangent curve to the right having a radius of 50.01 feet, an arc length of 78.06 feet and a chord bearing and distance of North 84013'49" East, 70.37 feet to a point; thence North 54°13'50" East, a distance of 45.66 feet to a point; thence North 22°51'51" West, a distance of 2.34 feet to a point; thence along a non -tangent curve to the right having a radius of 50.91 feet, an arc length of 60.17 feet and a chord bearing and distance of North 2105V 13" East, 56.72 feet to a point; thence North 38°28'44" West, a distance of 5.64 feet to a point; thence along a non tangent curve to the right having a radius of 50.50 feet, an arc length of 43.87 feet and a chord bearing and distance of North 05°31'24" West, 42.50 feet to a point; thence North 11 ° 1737" East, a distance of 25.74 feet to a point; thence North 33°4908" East, a distance of 25.29 feet to a point; thence North 16037'20" East, a distance of 113.13 feet to a point; thence North 24°4833" East, a distance of 40.30 feet to a point; thence North 20158'40" East, a distance of 33.84 feet to a point; thence North 47049' 10" East, a distance of 0.62 feet to a point; thence North 17°43'20" East, a distance of 123.96 feet to a point; thence North 50038'47" East, a distance of 12.99 feet to a point; thence North 10°38'49" East, a distance of 58.38 feet to a point; thence North 24'23'16" East, a distance of 54.66 feet to a point; thence Notch 02°42' 16" East, a distance of 34.81 feet to a point; thence North 31'37'56" East, a distance of 24.67 feet to a point; thence North 03°54' 12" West, a distance of 15.33 feet to a point; thence North 27°4429" East, a distance of 16.95 feet to a point; thence North 06°48'07" West, a distance of 10 1. 10 feet to a point; thence North 05°02'25" East, a distance of 49.84 feet to a point; thence along a non -tangent curve to the right having a radius of 50.50 feet, an arc length of 34.45 feet and a chord bearing and distance of North 05059'09" East, 33.78 feet to a point; thence North 33°35'51" East, a distance of 15.53 feet to a point; thence North 22°42'38" East, a distance of 58.79 feet to a point; thence North 15° 1228" West, a distance of 56.98 feet to a point; thence North 10"55' 10" West, a distance of 7.93 feet to a point; thence North 06°3752" West, a distance of 63.46 feet to a point; thence North 249717" West, a distance of 32.14 feet to a point; thence North 11 *58'15" West, a distance of 76.49 feet to a point; thence North 26°02'20" East, a distance of 3.09 feet to a point; thence continue northeasterly along said line, a distance of 51.23 feet; thence North 72026'50" West, a distance of 2.52 feet to a point; thence North 51° 18'02" West, a distance of 11.12 feet to a point; thence South 48039'54" West, a distance of 5.54 feet to a point; thence North 85°23'32" West, a distance of 37.53 feet to a point; thence continue westerly along said line, a distance of 1.81 feet; thence North 87"5744" West, a distance of 107.29 feet to a point; thence North 78°08'21" West, a distance of 44.67 feet to a point; thence North 40001'15" West, a distance of 86.38 feet to a point; thence South 83°40'47" West, a distance of 53.30 feet to a point; thence South 84°5854" West, a distance of 17.68 feet to a point; thence South 73° 18'37" West, a distance of 33.00 feet to a point; thence South 87°07'35" West, a distance of 50.45 feet to a point; thence North 80°02'07" West, a distance of Page 14 of 16 1371 1188 BOOK 13 ! 1 NAGE i f 8 H 41.59 feet to a point; thence North 69°01'06" West, a distance of 10.14 feet to a point; thence South 61°44'14" West, a distance of 18.22 feet to a point; thence along a non -tangent curve to the right having a radius of 56.84 feet, an arc length of 29.41 feet and a chord bearing and distance of South 32°55'41" West, 29.08 feet to a point; thence South 76°08'44" West, a distance of 44.55 feet to a point; thence South 55°04'17" West, a distance of 26.30 feet to a point; thence South 49°40'34" West, a distance of 27.19 feet to a point; thence South 56°5627" West, a distance of 60.20 feet to a point; thence along a non -tangent curve to the right having a radius of 50.50 feet, an are length of 27.67 feet and a chord bearing and distance of South 80-42'15- West, 27.32 feet to a point; thence South 63°46 17" West, a distance of 70.28 feet to a point; thence South 84°51'59" West, a distance of 59.13 feet to a point; thence South 86° 13'47" West, a distance of 57.59 feet to a point; thence South 88°2716" West, a distance of 21.81 feet to a point; thence South 67°35'35" West, a distance of 23.25 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc length of 44.76 feet and a chord bearing and distance of North 86°4542" West, 43.28 feet to a point; thence along a non -tangent curve to the right having a radius of 52.30 feet, an arc length of 11.90 feet and a chord bearing and distance of South 89°53'07" West, 11.87 feet to a point; thence along a non -tangent curve to the right having a radius of 50.44 feet, an ate length of 70.92 feet and a chord bearing and distance of South 87°13'17" West, 65.22 feet to a point; thence South 88°53'22" West, a distance of 1.67 feet to a point; thence along a non -tangent curve to the right having a radius of 53.12 feet, an arc length of 3.26 feet and a chord bearing and distance of North 77°41'55" West, 3.26 feet to a point; thence along a non -tangent curve to the right having a radius of 50.00 feet, an arc length of 56.52 feet and a chord bearing and distance of North 68042'11 " West, 53.56 feet to a point; thence along a non -tangent curve to the right having a radius of 50.00 feet, an arc length of 58.23 feet and a chord bearing and distance of North 42036'24" West, 54.99 feet to a point; thence North 87035'17" West, a distance of 12.90 feet to a point; thence North 03°14'04" West, a distance of 28.93 feet to a point; thence South 74°50'58" East, a distance of 17.40 feet to a point; thence along a non -tangent curve to the right having a radius of 50.00 feet, an are length of 80.13 feet and a chord bearing and distance of North 65°3622" East, 71.83 feet to a point; thence along a non - tangent curve to the right having a radius of 50.00 feet, an arc length of 39.08 feet and a chord bearing and distance of South 74045'48" East, 38.10 feet to a point; thence along a non -tangent curve to the right having a radius of 53.12 feet, an arc length of 8.95 feet and a chord bearing and distance of South 80°24'31" East, 8.94 feet to a point; thence along a non - tangent curve to the right having a radius of 54.77 feet, an arc length of 0.24 feet and a chord bearing and distance of South 4305732" East, 0.24 feet to a point; thence along a non -tangent curve to the right having a radius of 50.29 feet, an arc length of 35.99 feet and a chord bearing and distance of North 74006'38" East, 35.23 feet to a point; thence South 79°13'04" East, a distance of 15.79 feet to a point; thence North 78049'14" East, a distance of 5.40 feet to a point; thence North 89°21'29" East, a distance of 20.84 feet to a point; thence North 88°2716" East, a distance of 61.79 feet to a point; thence Notch 86013'47" East, a distance of 54.37 feet to a point; thence North 84°51'59" East, a distance of 38.73 feet to a point; thence North 63°4617" East, a distance of 44.84 feet to a point; thence North 57°28'22" East, a distance of 29.15 fed to a point; thence South 86°25' 19" East, a distance of 18.02 feet to a point; thence North 58°04'56" East, a distance of 28.01 feet to a point; thence North 48°30'02" East, a distance of 25.54 feet to a point; thence North 55°04' 17" East, a distance of 36.97 feet to a point; thence North 10°17'22" West, a distance of 3.23 fed to a point; thence North 61°44'14" East, a distance of 116.18 fed to a point; thence along a non -tangent curve to the right having a radius of 50.01 feet, an - arc length of 45.39 fed and a chord bearing and distance of North 86°21'34" East, 43.85 feet to a point; thence South 69001'06" East, a distance of 23.30 fed to a point; thence South 80102'07" East, a distance of 20.06 feet to a point; thence North 87°0735" East, a distance of 38.87 feet to a point; thence North 70119104" East, a distance of 26.31 feet to a point; thence North 81 °38'08" East, a distance of 18.45 fed to a point; thence North 84°38'46" East, a distance of 30.49 fed to a point; thence North 29°4957" West, a distance of 82.73 feet to a point; thence North 87°46'27" East, a distance of 76.23 fed to a point to the Point of BEGINNING containing 736,493 square fed or 16.91 acres, more or less. Conservation Area 3 Being all that certain tract of land containing 2.18 acres, located in Baldwin Township, Chatham County, North Carolina, and being more particularly described as follows: Commencing at an existing iron pipe on the southern right-of-way of Manns Chapel Road (SR 1532); thence South 00'16107" East, a distance of 841.85 feet to the Point of BEGINNING; thence North 33°20'07" East, a distance of 40.46 fed to a point; thence North 79° 16 17" East, a distance of 41.57 fed to a point; thence North 34°04'01" East, a distance of 36.67 feet to a point; thence North 72°08'47" East, a distance of 106.38 feet to a point; thence South 56°51' 19" East, a distance of 20.17 fed to a point; thence North 48052'57" East, a distance of 32.87 feet to a point; thence continue Page 15 of 16 1.371 1189 BOOK 137 1 PACE 118 9 northeasterly along said line, a distance of 58.66 feet; thence North 65° 18'24" East, a distance of 27.72 feet to a point; thence continue northeasterly along said line, a distance of 47.58 feet; thence North 81 ° 14' 14" East, a distance of 83.21 feet to a point; thence North 88°22'40" East, a distance of 35.29 feet to a point; thence North 85°58'18" East, a distance of 36.30 feet to a point; thence East, a distance of 19.60 feet to a point; thence South 82021'35" East, a distance of 41.00 feet to a point; thence North 54°26 14" East, a distance of 19.23 feet to a point thence North 45°07' 14" East, a distance of 25.36 feet to a point thence Notch 45°51'15" East, a distance of 22.45 feet to a point; thence North 53°1543" East, a distance of 31.65 feet to a point; thence North 45° 18'30" East, a distance of 55.03 feet to a point; thence North 51 0OT36" East, a distance of 14.79 feet to a point; thence North 32049'33" East, a distance of 7.10 feet to a point thence North 15'24'44" East, a distance of 40.19 feet to a point; thence North 19041'55" East, a distance of 154.57 feet to a point; thence South 02°3953" West, a distance of 290.06 feet to a point thence South 53°41'22" West, a distance of 48.96 feet to a point; thence South 53° 15'43" West, a distance of 24.23 feet to a point; thence South 36°4442" West, a distance of 17.00 feet to a point; thence South 49001'06" West, a distance of 38.00 feet to a point; thence South 55°42'46" West, a distance of 46.66 feet to a point; thence along a non -tangent curve to the right having a radius of 50.02 feet, an arc length of 30.36 feet and a chord bearing and distance of South 71035101" West, 29.89 feet to a point; thence North 76°25'46" West, a distance of 27.17 feet to a point; thence North 82°21'35" West, a distance of 35.44 feet to a point thence West, a distance of 9.40 feet to a point; thence South 85058118" West, a distance of 34.88 feet to a point thence South 88022140" West, a distance of 7.02 feet to a point thence South 81°14'14" West, a distance of 86.51 feet to a point; thence South 65018'24" West, a distance of 44.84 feet to a point thence South 46°17'54" West, a distance of 55.32 feet to a point; thence South 40°25'57" West, a distance of 25.11 feet to a point; thence continue southwesterly along said line, a distance of 20.07 feet thence South 77°47'20" West, a distance of 51.75 feet to a point; thence continue westerly along said line, a distance of 15.96 feet; thence North 56051119" West, a distance of 27.14 feet to a point; thence South 72°08'47" West, a distance of 24.18 feet to a point; thence South 34°04'01" West, a distance of 43.79 feet to a point; thence South 7901617" West, a distance of 40.82 feet to a point; thence South 3302907" West, a distance of 72.98 feet to a point thence South 62°34'50" West, a distance of 30.59 feet to a point; thence South 37°34' 11" West, a distance of 23.81 feet to a point; thence North W*1607" West, a distance of 150.50 feet to a point to the Point of BEGINNING containing 94,824 square feet or 2.18 acres, more or less. Page 16 of 16 1372 0226 Prepared by and after recording return to: Kilpatrick Stockton LLP (CAB) 3737 Glenwood Ave., Ste. 400 Raleigh, NC 27612 BOOK 13 r 2 PAGE 226 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Nov 26, 2007 AT 02:14:50 pm BOOK 01372 START PAGE 0226 END PAGE 0232 INSTRUMENT # 15093 DECLARATION OF COVENANTS AND RESTRICTIONS — RIPARIAN AREAS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Restrictive Covenant'), is made on thisc�?/gday of November, 2007 by NNP -Briar Chapel, LLC, (the "Declarant'); WITNESSETH: THAT WHEREAS, the Declarant is the owner of certain property located in Chatham County, North Carolina, constituting approximately 10 acres, more or less, which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, for the purposes of this Restrictive Covenant, the "Conservation Area" within the Property shall mean the following wetlands, streams, and riparian buffers: (a) All perennial and intermittent streams located on the Property; (b) All wetlands regulated by the Department of the Army ("DOA") as waters of the United States under the Authority of Section 404 of the Clean Water Act and implementing regulations, as may be amended from time to time; (c) The following riparian buffers (cumulatively referred to hereinafter as the "Riparian Buffers"): USM 9527781.1 100 -foot buffers on either side of all perennial streams, measured from the top of bank; ii. 50 -foot buffers on either side of all intermittent streams, measured from the top of bank; Page I of 7 1372 0227 BOOK 13 7 2 NAGE 227 iii. 50 -foot buffers on either side of all ephemeral streams shown of the Soil Survey maps and having a drainage area of more than 25 acres, measured from the centerline of the stream; and iv. 30 -foot buffers on either side of all ephemeral streams shown of the Soil Survey maps having a drainage area of between 10 and 25 acres, measured from the centerline of the stream. Notwithstanding the foregoing, the "Conservation Area" shall not include wetlands, streams, and riparian areas authorized for impacts in accordance with the following permits issued to the Declarant.: (a) DOA Permit No. 200121252 dated October 2, 2006, and (b) North Carolina Department of Environment and Natural Resources, Division of Water Quality ("DWQ15) Certification No. 2005-0732 dated May 9, 2006 (collectively, the "Permits"). NOW THEREFORE, the Declarant hereby unconditionally and irrevocably declares that the Property shall be held and subject to the following restrictions, covenants and conditions, as set out herein, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property and to comply with the Permits, to run with the subject real property and to be binding on all parties that have or shall have any right, title, or interest in said property. 1. Purposes. The purposes of this Restrictive Covenant are to maintain, restore, enhance, and create wetland and/or riparian resources in the Conservation Area, as more particularly described below, to contribute' fo the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; except as otherwise provided herein, to maintain permanently the Conservation Area in its natural condition, consistent with these purposes; and to prevent any use of the Conservation Area that will significantly impair or interfere with these purposes, all in accordance with the Permits. 2. Permitted Uses. The Conservation Area shall be owned, exclusively controlled, and maintained as far as practicable, in its pristine and natural state in perpetuity; provided, however, that notwithstanding anything to the contrary in this Restrictive Covenant, the following uses shall be permitted in the Conservation Area to the extent they do not directly impact waters of the United States (the "Permitted Uses"): (a) Any use of the Conservation Area as expressly permitted in the Permits or as otherwise may be required by Declarant to comply with the Permits or other regulations or requirements of DOA, DWQ, or other governmental agencies with jurisdiction over the Conservation Area; (b) Use of the Riparian Buffers as follows: • Construction on pilings including without limitation elevated walkways, roads, or utility lines; Water dependent structures; Signs, security lights, and flag poles; MM 9517381.1 Page 2 of 7 1372 0228 BOOK 137 2 PAGE 228 • Utility lines where no practical alternative exists; • Passive recreational activities with very low impact walking trails with no impervious surface that are located at least thirty feet from the edge of the stream; • Paved trails up to eight feet in width that are located at least fifty feet from the edge of perennial and intermittent streams, provided that the buffer as a whole is extended a distance equal to the width of the trail; •, Clearing and re -vegetating the stream buffer for the purposes of improving its pollutant removal efficiency, provided that no such clearing is allowed within 30 feet of a stream; • Clearing, grading and filling within the buffer in connection with road construction provided that affected areas are revegetated; • Removal of invasive species listed by the North Carolina Botanical Garden; and • Desirable artificial stream bank or shoreline stabilization, as determined by Chatham County. 3. Enforcement. This Restrictive Covenant is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America and Declarant. The covenants and restrictions contained in this Restrictive Covenant shall be perpetual, shall run with the land, and shall be binding on Declarant and its successors and assigns. 4. Restrictions on Use. Except as expressly reserved as a Permitted Use in this Restrictive Covenant, the Conservation Area shall be maintained in its natural, scenic, wooded and open condition and { restricted from any development or use that would impair or interfere with the purposes of the Conservation Area. The following uses are prohibited, restricted, or reserved as indicated: (a) Prohibited Uses. Except for the Permitted Uses, all industrial, residential, and commercial activities are prohibited in the Conservation Area. (b) Agricultural Timber Harvesting. Grazing and Horticultural Use. Agricultural, timber harvesting, grazing, horticultural, and animal husbandry uses of the Conservation Area, including the use of the Conservation Area for cropland, waste lagoons, or pastureland, are prohibited. (c) Construction. Except for the Permitted Uses, there shall be no roads, buildings, signs, building, facility, mobile home, or other structure constructed or placed in the Conservation Area for occupancy by humane or for storage of equipment or materials not directly related to the operation and maintenance of the Conservation Area for the Permitted Uses. US2M 9527781.1 Page 3 of 7 1372 0229 BOOK 137 2 Pace 229 (d) Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or other material in the Conservation Area is prohibited. (e) Grading, Mineral Use, Excavation, Dredging. Except for the Permitted Uses, there shall be (i) no grading, filling, excavation, dredging, mining, or drilling for mineral resources on the Conservation Area; (ii) no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials from the Conservation Area; and (iii) no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management activities consistent with the purposes of the Conservation Area. (f) Streams, Wetlands, Water Quality, and Drainage Patterns. There shall be (i) no pollution or alteration of water bodies; (ii) no activities that would be detrimental to water quality or that would alter natural water levels, drainage, sedimentation, and/or flow in or over the Conservation Area or into any surface waters, or cause soil degradation or erosion; (iii) no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or related activities; and (iv) no altering or tampering with water control structures, or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or outside of the Conservation Area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited, except activities to restore or enhance natural hydrology or manage stormwater as permitted by state or any other appropriate authorities. (g) Disturbance of Vegetation and Natural Features. Except for the Permitted Uses, there shall be no cutting, removal, mowing, harming, or destruction of any vegetation in the Conservation Area or disturbance of other natural features in the Conservation Area except for selective cutting and prescribed burning or clearing of vegetation and the application of approved pesticides for fire containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants. 5. Additional Rights of Declarant. Declarant shall have the right to undertake or continue the Permitted Uses on the Conservation Area. No provision of this Restrictive Covenant shall be construed to impair the ability of Declarant to sell the Conservation Area or Property subject to this Restrictive Covenant or to use the Conservation Area or Property for collateral for borrowing purposes, provided that any mortgage or lien arising from such loan shall be subordinated to this Restrictive Covenant. Any deed to secure debt, deed of trust, or mortgage affecting any portion of the Conservation Area or Property shall at all times be subject and subordinate to the terms of this Restrictive Covenant, and any party foreclosing any such deed to secure debt, deed of trust, or mortgage, or acquiring title by deed in lieu of foreclosure, shall acquire title subject to all of the restrictions and covenants of this Restrictive Covenant. 6. Transfer of Conservation Area and Property. Nothing in this Restrictive Covenant shall preclude Declarant from imposing additional easements on the Conservation Area or Property or conveying any interest in the Conservation Area to a donee eligible to hold property for conservation purposes within the meaning of Section 170(h)(3) of the Internal Revenue Code and the regulations promulgated thereunder. 7. Amendment. This Restrictive Covenant may be amended, modified, or terminated by Declarant or its successors or assigns only with the written consent of DOA and DWQ. USM 9527381.1 Page 4 of 7 1372 0230 BOOK 137 2 PUE 230 8. Interpretation. This Restrictive Covenant shall be construed and interpreted under the laws of the State of North Carolina. Any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes of this Restrictive Covenant. 9. Termination. If it is determined that conditions on or surrounding the Conservation Area have changed to such an extent that it becomes impossible to fulfill the purposes set forth in this Restrictive Covenant, a court with jurisdiction may, at the joint request of Declarant, DOA, and DWQ (or their respective successors and assigns) terminate the covenants and restrictions in this Restrictive Covenant. If a condemnation of a part of the Conservation Area or of the entire Conservation Area by a public authority or other authorized entity renders it impossible to fulfill any of these purposes, the covenants and restrictions in this Restrictive Covenant may be terminated through such condemnation proceedings. 10. Severability. If any covenant or restriction of this Restrictive Covenant is found to be invalid, the remaining provisions of this Restrictive Covenant, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. [Remainder of Page Intentionally Left Blank. Signature/Notary Page Follows] US2000 95277/1.1 Page 5 of 7 172 0231 BOOK 137 2 ma 231 IN WITNESS WHEREOF, the undersigned has executed the foregoing instrument the day and year first above written. Declarant: NNP- 'ar hap LLC By: Its• .i�'SS, , �.�. STATE OF NORTH CAROLINA COUNTY OF Q U f �tyv— I, the undersigned, a Notary Public of the County and State aforesaid, certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: r \ i Az�- &-,rrah , Ass VP Date: o V !L 0--,-�e ` KP_ v% kC � �V\ Notary Public (print name) (official seal) My commission expires: -Sc, Y\©� Kill Ki�Mlr �1M� Owen* Qiw ilii& of now Cape" Mr Ca W"Wn apr+. im 2. am US2M 9527781.1 Page 6 of 7 1372 0232 BOOK 13 7 2 PuE 232 Exhibit A BEING ALL THAT CERTAIN TRACT OF LAND CONTAINING 10.00 ACRES, LOCATED IN BALDWIN TOWNSHIP, CHATHAM COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING CONCRETE MONUMENT BEING THE SOUTHEAST CORNER OF LOT 4 (PLAT BOOK 2003, PAGE 111); THENCE FROM POINT OF COMMENCEMENT, SOUTH 86'23'59" EAST, A DISTANCE OF 243.53 FEET TO A NEW IRON PIPE BEING THE POINT OF BEGINNING; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 379.47 FEET TO A NEW IRON PIPE; THENCE SOUTH 56007'48" EAST, A DISTANCE OF 290.23 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 54004'33" WEST, A DISTANCE OF 287.68 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 22°35'51" WEST, A DISTANCE OF 194.73 FEET TO A POINT; THENCE SOUTH 04°21'22" WEST, A DISTANCE OF 206.02 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 86021'20" WEST, A DISTANCE OF 170.77 FEET TO AN EXISTING IRON PIPE; THENCE NORTH 80°14'17" WEST, A DISTANCE OF 102.80 FEET TO AN EXISTING IRON PIPE; THENCE ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 615.00 FEET, AN ARC LENGTH OF 485.36 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 64040'34" WEST, 472.86 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 33034'38" WEST, A DISTANCE OF 116.52 FEET TO AN EXISTING IRON PIPE; THENCE NORTH 24°07'20" EAST, A DISTANCE OF 454.78 FEET TO A NEW IRON PIPE; THENCE NORTH 25°18'58" EAST, A DISTANCE OF 656.48 FEET TO THE POINT OF BEGINNING CONTAINING 435,555 SQUARE FEET OR 10.00 ACRES, MORE OR LESS. US2000 9327781.1 Page 7 of 7 1281 A 0731 I FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Oct 16, 2006 AT 01:03:36 pm BOOK 01291 START PAGE 0731 END PAGE 0750 INSTRUMENT # 13830 Prepared by and after recording return to: Kilpatrick Stockton LLP (CAB) 3737 Glenwood Ave., Ste. 400 BOOK 129 1PAGE ry / 31 Raleigh, NC 27612 DECLARATION OF COVENANTS AND RESTRICTIONS — RIPARIAN AREAS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Restrictive Covenant"), is made on this IL day of October, 2006 by NNP -Briar Chapel, LLC, (the "Declarant"); WITNESSETH: THAT WHEREAS, the Declarant i the owner of certain property located in Chatham County, North Carolina, constituting approximately Mstres, more or less, which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, for the purposes of this Restrictive Covenant, the "Conservation Area" within the Property shall mean the following wetlands, streams, and riparian buffers: (a) All perennial and intermittent streams located on the Property; `-" (b) All wetlands regulated by the Department of the Army ('°DOA") as waters of the United States under the Authority of Section 404 of the Clean Water Act and implementing regulations, as may be amended from time to time; (c) The following riparian buffers (cumulatively referred to hereinafter as the "Riparian Buffers"): i. 100 -foot buffers on either side of all perennial streams, measured from the top of bank; ii. 50 -foot buffers on either side of all intermittent streams, measured from the top of bank; US20M 9327391.1 Page I of 7 1261 ,,0 0732 BOOK 12 91 PAGE 732 iii. 50 -foot buffers on either side of all ephemeral streams shown of the Soil Survey maps and having a drainage area of more than 25 acres, measured from the centerline of the stream; and iv. 30 -foot buffers on either side of all ephemeral streams shown of the Soil Survey maps having a drainage area of between 10 and 25 acres, measured from the centerline of the stream. Notwithstanding the foregoing, the "Conservation Area" shall not include wetlands, streams, and riparian areas authorized for impacts in accordance with the following permits issued to the Declarant.: (a) DOA Permit No. 200121252 dated October 2, 2006, and (b) North Carolina Department of Environment and Natural Resources, Division of Water Quality ("DWQ") Certification No. 2005-0732 dated May 9, 2006 (collectively, the "Permits"). NOW THEREFORE, the Declarant hereby unconditionally and irrevocably declares that the Property shall be held and subject to the following restrictions, covenants and conditions, as set out herein, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property and to comply with the Permits, to run with the subject real property and to be binding on all parties that have or shall have any right, title, or interest in said property. 1. Purposes. The purposes of this Restrictive Covenant are to maintain, restore, enhance, and create wetland and/or riparian resources in the Conservation Area, as more particularly described below, to contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; except as otherwise provided herein, to maintain permanently the Conservation Area in its natural condition, consistent with these purposes; and to prevent any use of the Conservation Area that will significantly impair or interfere with these purposes, all in accordance with the Permits. 2. Permitted Uses. The Conservation Area shall be owned, exclusively controlled, and maintained as far as practicable, in its pristine and natural state in perpetuity; provided, however, that notwithstanding ( anything to the contrary in this Restrictive Covenant, the following uses shall be permitted in the Conservation Area to the extent they do not directly impact waters of the United States (the "Permitted Uses"): (a) Any use of the Conservation Area as expressly permitted in the Permits or as otherwise may be required by Declarant to comply with the Permits or other regulations or requirements of DOA, DWQ, or other governmental agencies with jurisdiction over the Conservation Area; (b) Use of the Riparian Buffers as follows: • Construction on pilings including without limitation elevated walkways, roads, or utility lines; • Water dependent structures; • Signs, security lights, and flag poles; US2000 9527751.1 Page 2 of 7 1281 ; 0733 BOOK 12 91_ PAGE 733 • Utility lines where no practical alternative exists; • Passive recreational activities with very low impact walking trails with no impervious surface that are located at least thirty feet from the edge of the stream; • Paved trails up to eight feet in width that are located at least fifty feet from the edge of perennial and intermittent streams, provided that the buffer as a whole is extended a distance equal to the width of the trail; • Clearing and re -vegetating the stream buffer for the purposes of improving its pollutant removal efficiency, provided that no such clearing is allowed within 30 feet of a stream; • Clearing, grading and filling within the buffer in connection with road construction provided that affected areas are revegetated; • Removal of invasive species listed by the North Carolina Botanical Garden; and • Desirable artificial stream bank or shoreline stabilization, as determined by Chatham County. 3. Enforcgment. This Restrictive Covenant is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America and Declarant. The covenants and restrictions contained in this Restrictive Covenant shall be perpetual, shall run with the land, and shall be binding on Declarant and its successors and assigns. 4. Restrictions on Use. Except as expressly reserved as a Permitted Use in this Restrictive Covenant, the Conservation Area shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the purposes of the Conservation Area. The following uses are prohibited, restricted, or reserved as indicated: (a) Prohibited Uses. Except for the Permitted Uses, all industrial, residential, and commercial activities are prohibited in the Conservation Area. (b) Agricultural. Timber Harvesting, Grazing and Horticultural Use. Agricultural, timber harvesting, grazing, horticultural, and animal husbandry uses of the Conservation Area, including the use of the Conservation Area for cropland, waste lagoons, or pastureland, are prohibited. (c) Construction. Except for the Permitted Uses, there shall be no roads, buildings, signs, building, facility, mobile home, or other structure constructed or placed in the Conservation Area for occupancy by humans or for storage of equipment or materials not directly related to the operation and maintenance of the Conservation Area for the Permitted Uses. US2DW nrna 1.1 Page 3 of 7 1 X91 , 0734 BOOK 129 !PAGE 734 (d) Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or other material in the Conservation Area is prohibited. (e) Grading, Mineral Use, Excavation, Dredging. Except for the Permitted Uses, there shall be (i) no grading, filling, excavation, dredging, mining, or drilling for mineral resources on the Conservation Area; (ii) no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials from the Conservation Area; and (iii) no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management activities consistent with the purposes of the Conservation Area. (0 Streams, Wetlands, Water Quality, and Drainage Patterns. There shall be (i) no pollution or alteration of water bodies; (ii) no activities that would be detrimental to water quality or that would alter natural water levels, drainage, sedimentation, and/or flow in or over the Conservation Area or into any surface waters, or cause soil degradation or erosion; (iii) no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or related activities; and (iv) no altering or tampering with water control structures, or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or outside of the Conservation Area by any means, removal of wetlands, polluting or discharginginto waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited, except activities to restore or enhance natural hydrology or manage stormwater as permitted by state or any other appropriate authorities. (g) Disturbance of Vegetation and Natural Features. Except for the Permitted Uses, there shall be no cutting, removal, mowing, harming, or destruction of any vegetation in the Conservation Area or disturbance of other natural features in the Conservation Area except for selective cutting and prescribed burning or clearing of vegetation and the application of approved pesticides for fire containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants. 5. Additional Rights of Declarant. Declarant shall have the right to undertake or continue the Permitted Uses on the Conservation Area. No provision of this Restrictive Covenant shall be construed to impair the ability of Declarant to sell the Conservation Area or Property subject to this Restrictive Covenant or to use the Conservation Area or Property for collateral for borrowing purposes, provided that any mortgage or lien arising from such loan shall be subordinated to this Restrictive Covenant. Any deed to secure debt, deed of trust, or mortgage affecting any portion of the Conservation Area or Property shall at all times be subject and subordinate to the terms of this Restrictive Covenant, and any party foreclosing any such deed to secure debt, deed of trust, or mortgage, or acquiring title by deed in lieu of foreclosure, shall acquire tide subject to all of the restrictions and covenants of this Restrictive Covenant. 6. Transfer of Conservation Area and Property. Nothing in this Restrictive Covenant shall preclude Declarant from imposing additional easements on the Conservation Area or Property or conveying any interest in the Conservation Area to a donee eligible to hold property for conservation purposes within the meaning of Section 170(h)(3) of the Internal Revenue Code and the regulations promulgated thereunder. 7. Amendment. This Restrictive Covenant may be amended, modified, or terminated by Declarant or its successors or assigns only with the written consent of DOA and DWQ. Uu000952MI I Page 4 of 7 1291 l 0735 800K 12 91 PAGE 7 3 5 8. Interpretation. This Restrictive Covenant shall be construed and interpreted under the laws of the State of North Carolina. Any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes of this Restrictive Covenant. 9. Termination. If it is determined that conditions on or surrounding the Conservation Area have changed to such an extent that it becomes impossible to fulfill the purposes set forth in this Restrictive Covenant, a court with jurisdiction may, at the joint request of Declarant, DOA, and DWQ (or their respective successors and assigns) terminate the covenants and restrictions in this Restrictive Covenant. If a condemnation of a part of the Conservation Area or of the entire Conservation Area by a public authority or other authorized entity renders it impossible to fulfill any of these purposes, the covenants and restrictions in this Restrictive Covenant may be terminated through such condemnation proceedings. 10. Severability. If any covenant or restriction of this Restrictive Covenant is found to be invalid, the remaining provisions of this Restrictive Covenant, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. U52000 9527391. [Remainder of Page Intentionally Left Blank. Signature/Notary Page Follows] Page 5 of 7 i 1291 0736 BOOK 1291 PAGE 736 IN WITNESS WHEREOF, the undersigned has executed the foregoing instrument the day and year first above written. I Declarant: NNP-BriCha 1, L By: Its:_AsSrr. ✓• STATE OF *h, CA*.U; w COUNTY OF 'Du„ 6p ,., I, the undersigned, a Notary Public of the County and State aforesaid, certify that the following person(s) personally appeared before me this day, and ® 1 have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated w therein and in the capacity indicated: YMt" O&QW tn Date: in 1-2 re Notary Public (print name) rr (official seal) My commission expires: 91ti 120/0 'Now' r Ko US3000 9527311.1 Page 6 of 7 1291 0737 BOOK 12 9 i PAGE 737 Exhibit A [Legal Description or Survey of Property Owned by NNP -Briar Chapel, LLC within the Proposed Briar Chapel Development] US2000 9537381.1 Page 7 of 7 291 BOOK 1291PAGE 738 Exhibit A Lying and being situate in Chat- County, North Carolina. and being ears particularly described an fellows: CwVon properties at al Tract Tract 2t Being that 278.92 acres, mors or less, parcel of land located and situate in Baldwin Townehip, Chatham County, Borth Carolina, being a portion of the land conveyed to Cameron properties, Limited Partnership, Daniel D. Cameron, Jr., and siva Star Group, L.L.C. in Deed Book 833, page 752, and being shown as 'Tract A, On a subdivision plat entitled Briar Chapel - Map S, property of Cameron properties, Limited partnership, Daniel D. Cameron, Jr., and live Star Group, L.L.C." prepared by The John R. McAdass Company, lac., dated jure 17, 2005, and last revised July 22, 2005 and recorded in plat Slide 2005, page 262, Chatham County Rsgiatry. Burgess Tracts That certain tract of land lying in Baldwin Township, Chatham County, North Carolina and being sora particularly described as followml Commw=ing at an existing nail at the esutsrline intersection of Andres Store Road (State Road 1528) and parker N0rndoa Road (State Road 1526)s thence along the centerline of said Andrews Store Road Borth 52.33154" West 21.62 fest to the southern corner of Sandra Tripp (Deed Book 880, Page 419); thence continuing along the eentarline of Andrews Store Road Worth 52.33154" lest 356.52 fest to a points thence North 52.55103" lest 193.77 feet to a points thence North 54.00,30" lest 67.90 feet,to the point of BN01NN]:BGs thence continuing along and with the centerline of Andrews Store Road North 54.00130" lest 51.73 feet) thane along the aro of a simple curve to the left having a radius of 1,390.00 feet, a length of 525.04 feet, and a chord of North 64.49-46■ Nest 521.93 feet to a railroad spike at the southeast corner of Glendale K. Carpenter (Plat Slide 95, tags 177)2 thence leaving the centerline of Andrews Store Road and following the eastern line of said Carpenter North 00.26.41" Nest 31.01 feet to an iron pipe in the ftortb&rn right of way line of Andres Store Bonds then** North 00.26-41" Nast 178.21 feet.to an iron pipes thence North 00.26161" 36.56 feet to an iron pipes thence North 79.28128■ West 208.86 feet to on iron pipe on the east*= line of R. Newton Carpenter (Deed Book 513, Page 864)) thence along the eastern line of said B. Newton Carpenter North 00.271420 Nest 320.00 feet (passing an iron pip* At 146,00 feet) to a rebar at the southern corner of John Sturdivant (Dead Book 413, Pago 703)s thence along the line of said Sturdivant North 41.47,11" Nast 106.90 feet to a points thence North 29.12,48" Bast 493.37 feet to a new iron pip* on the soutbern line of Bruce B. Cameron (Deed Book 133, Page 754)2 thence along said line of Cameron South 09"40009" Nast 2,141.72 feet to a points theses South 72.21,19" Bast 394.38 feet to a points thence South 40.35115■ Mast 70.65 feet to an iron pipes thaws South 55.47118" Bast 154.40 feet to an iron Pip*, UNDOO South 77.14149" Bast 151.80 fast to an iron pipes thence South 72.00,11" Nast 97.24 feet to an iron pipe) thence North 80143156" Nast 97.47 feet to an iron pipe) thence South 07.38-21" Bast 141.09 foot to an iron pipe on the western line of Nancy L. Noor* (Deed Book 602, Page 107)2 thence with said line of Moore South 04.30-11" Nest 787.66 feet to an iron pipe on the westsra lift* of Family Wellman and Recovery services of M.C., ran- (Deed Book 776, P*ge 583) and being the northeastern corner of C.L. i ThamaS Durban (Deed book 295, page ls9)s thence South 09.26-45" Nest 1,266.10 fest to a stow iron pipe at the 291 BOOK 12 91 PAGE 739 northeast corner of Jean C. Tripp, at al. (Deed Book $12, Pape 912)1 thence with the northern line of said Tripp south 69.2645" hest 269.69 feet to an axle, thence south 01.37107" Seat 313.87 feet to a natal blade at the base of a 48 inch oak/ thence North 69'58109" Nest 382.98 feet to an iron pipes thence North 89.57,07" West 121.90 feet to the northeastern corner of Sandra Tripp (Deed Book 880, Page 419)1 thence along northern line of said Sandra Tripp North 89.57107" Nest 677.79 feet (passing an iron pipe at 28.14 feet) to an iron pipe on the northern right-of-way of the aforementioned Andrews store Roads thence continuing along said line North 89.57,07" Nest $1.11 feet to the point and place of BMIMMO, containing 92.17 acres, store or less, or shown by the plat of survey prepared by The John R. McAdams Company, Inc. dated stay 9, 2002 and entitled, "Briar Chapel - Property of Thero T. Burgess," to which plat reference is hereby mads for a more particular description. Clark Trach That certain tract of land lying is Baldwin Toroship, Chatham County, north Carolina and being sore particularly described as follows BNINO all of tat 2 as show, by the plat of survey entitled, "BRIAR CttAPRL - NAP 4,' prepared by The John R. McAdams Company, Inc. and of record at Plat slide 2002-368, Chatham County Registry, to which plat reference is hereby ands for a more particular description. Tripp Tracts That certain tract of land lying in Baldwin Township, Chatham County, North Carolina and being more particularly described as follows Ccemeacing At an existing nail At the centerline intersection of Andrews Store Road (state Road 1520, a 60 foot public right of way) and Parker Rerndon Road (state Road 1526, a 60 foot public right of way) theswe along the centerline of said Andrews Stora Road Borth 52.33154" test 21.62 feet to the southern corner of Sandra Tripp, recorded in Deed Book 880, Page 419, said being the POINT OP BNOINNINs, thence leaving centerline of Andrews Store Road and following the eastern line of maid Sandra Tripp North 32.21150" Bast 30.12 feet to an iron on the northern right of way of Andrew store Roadl theses continue along said line North 32.21150" Seat 411.29 feet to an iron on the southern line of Theo T. Burgess, recorded in Deed Book 411, Page 3931 thence along the said line Of Burgess south 99.57107" Bast 121.90 fest to an irons thence south 89.58108" Bast 382.98 feet to a astal blade at the base of a 46 inch oaks thence North 01.37107" Nest 313.87 feet to an axle, thence North 89.26145" Bast 269.69 feet to a now iron at the northwest corner of C. L. a Thomas Durbea, recorded in Deed Book 295, Page 1831 thence south 01.07106" Best 1,212.60 feet to a point on the northern right of way line of Andrews store Road, thence continue along said line crossiag Andrews store Road south 01"07106" Nut 64.33 foot to a point on the southern right of way line of Andrews store Road, thence continue &loss said line South 01.07,06" Bast 760.96 feet to an irons theses following fence and Pastor* line south 00.31108" Nast 804.26 feet to a points thence south 86.22-54" lest 8.08 feet to a now line at a northeasterly corner of Hill& D. Pearringtan, rseorded 1, Deed Book 649, Page 1591 thence along northerly line of said Pearrington North 57.00,20" Nest 349.66 feet to a 48 inch double poplar tree, the northeastern corner of 0. B. Parker, as shown on Plat slide 89, Page 355; thence North 89.01105" Nest 1,864.64 feet to an iron at the northeastern corner of Reba P. Sullivan, as shown 291 740 BOOK 1291 PAGE 740 on Plat Slide 33, Fag* 90; thence running north 0o-ss,55- Rest 29.72 fat to a computed point; thence North S1-57132- West 231.18 feet to a computed point; theme* north 35.17107" last 25.92 feet to a computed point ilk the eastern boundary of the right of way of Parker Herndon Road; thence running along and with the southern boundary of the right of way of Parker Herndon Road the following six courses and distances; (i) counterclockwise along the aro of a circle having a radius of 2,510.00 fast and a chord bearing of North 45.00,35" Rut a distance of 261.50 feet; (11) North 42.09,30" Nast 462.56 feet; (iii) North 42.21918" Rant 119.10 feet; (iv) counterclockwise along the arc of a circle having a radius of 1,949.35 feet and a chord bearing of North 38.47145" Rest a distance of 242.19 feet; (v) North 35114-11" Rut 110.18 feet; and (vi) North 34'25,30" Rut 98.04 feet; thence leaving the southern boundary of the right of way of Parker Herndon Road and crossing said Parker Herndon Road running North 66.42 56" Nest 745.66 feet to a rebar in the eastern line of the parcel now or farearly belonging to Jeseis p. Parlor (Deed Rook J -M, Page 576); thence ranniag North 01.12*251 Nest 209.42 fast to a rebar at the southeast corner of the parcel now or formerly belonging to Carey S. and Jennifer R. Carpenter (Deed Hook 565, Page 232); thence running North 00028,06" Nest 670.97 feet to a rebar at the southwest corner of the parcel now or fornarly belonging to Robert 0. Windsor, Jr. (Deed Hook 514, Page 522); tbamc* ramming South 89.57107" Nast 666.01 feet to an iron in the southesm boundary of the right of way of Andrews Store Road; thence running South 89.57107" Hast $1.11 foot to a computed Point in the centerline of maid Andrews Store Road; thence running along and with the centarline of Andrews store load the following three courses and distances+ (i) South 54.00,30" Nest 67.90 feet; (ii) South 92.55'03" Nast 193.77 feet; and (iii) South 52-33154" Nast 356.52 foot to the place and point of SWINKM and being all of that 110.08 acre, sore or less Parcel, shown as the property of Jean C. Tripp, at al. by the plat of survey entitled `Ssior-Chapel-Jean C. Tripp, at al. Property" prepared by The John R. McAdams Company, Inc. and dated April 17, 2002, to which plat reference is hereby made for a more, particular description. Crutchfield Tract& ALL of Tract 1, containing 2.80 acres, a000rdimg to a plat entitled "Briar Chapel -;tap 1 Subdivision of William Ancon Crutchfield" prepared by John R- McAdams Company, Inc. dated December 10, 2001 and recorded in Plat Slide 2001-494, Chatham County Registry, to which reference is hereby made for a more particular description. Dollar Tract - Parcel Is Being all of NEW Lot 2, containing 4.26 acres, more or leas, as shown on a map and survey prepared by the John R. McAdams Company, Xao., dated March 19, 2003, and entitled "Briar Chapel -Map 7, Subdivision of I.C. Dollar Property" and r000rded on Plat Slide 2003, Page 111, Chatham County Registry, to which reference is made for a more particular description of seam. Taylor Tract& Being all of new parcel 1 as shown on platof survey entitled Briar Chapel -Map 3. Subdivision of Taylor Zaire Property- prepared by Lwin S. Baucca, P.L.B. and recorded in Plat Book 2002, Page 250, Chatham County Registry, to which refsrencs is made for a More particular description of same. ;a R4Saa1 * 14003 5►'9►ox 3o wnFPws w SUTAaR 4302 SRM as •Axao ;0 as - *q4 Sys SO -In 1400; Cf."S ANOR .t£.ET.69 RanOw SOU•ga 1400; Lv LOt as*A .Lt.9S.►9 Rams 3a pzoga 0 pUa 4003 96'1 -OT ;a %RMvBI w '40e; 00.OSET ;0 gnTp-s w BUFA-R aRSFs •q4 as OAsoo s 10 OXY •Ra SUOTa eaa0ga tae; 90'9x£ 4e0A .ts.st.os %RUGS so PsaRO a PEW 400; E9'Lxt 30 RaSUOi ase ae '40•i 'OL'TL6 ;a fu7pas a ftymm AgSTs mm Oa OA=v a ;o ase 0Ra Saol* TOS -ST 30 dm► ;o agSTs pTuv BUoTv ov=NM t (AAA ;o ARSTx OFTgnd 400; OOT) Tog -ST AS-OFS 'w'a ;0 Am ;0 2RSTs Useas•A SUT48ro •qa Ua BUTmq AuTod PT" 1699 •Bud '09► 4002 9000 UT P•Psoa•s 'da=aa NRa-RD Aq peumo dlseanto; so Am Teased UTv4zeo awn ;o 264x00 amomase Ame aqa 4w BaTuUTB•w It 4awsL • °SAOTTO; ea p•gTxOvep dTs*TaoFasad •so• Ba F q Pa* sesav CO -EOL ;a Be" 40U 1*402 a BUTAUR POOL '9T A-0 UO 90gT.— gvuT -aa= •dasd mD-m-PCa9[ 'Y URop •RL dq PemsO;sed .'deAsnm Ot'4Tz Pa -4 V&7Wj SV - dUT23 daa•R '1 P•TITaae d•Arns - U0 9-T 94a-sL g- D as X 'A ;o .tA aqq- R -nog Ftas-D R4sow daUnp Ng4*RD 'gdTggUAoz-m-TTTF11 Pae aFAPIve UT PO4-71 Pa -T 30 steas-d Nona BUTOw .Aa-sz dsTso s-;nOTaaud exam - so 'emir ;o UaFadTior p ep-m Acpxeq gT eausse;es AviQ ROTRA 04 dsagTSea d4mWD m-R4-gD 'tet •Sad •E00C OPFt6 avid AS ps0a•s ;o PUS *PC2 '6amdg0o gmep►a'lj -Y URal' eqa dq pezvdesd .gO9zm wF4vUTgsaaea p0eadasd ssTeg soTbZ •AUS ;0 AUSdosd T-dww x-Fxw. pe"Taus deesas ;0 Auld SRR dq UAoge ON, TT- goal 20 exam gesaw 505'1 Samoa (T T•osed OAUF t T-uzz-d �3 pNTgaoes •q 941 waxy UaT4vUTggO"K n UAogg T•Osvd a -q4 ;0 xre fineq Pao mzmtmlff d0 IM0.1 OAC world 0qa 04 4••; t6'TLOT a0" .E►.tI.LS R3=al[ SaTaaai •04.44 '4q- v'U=T as oa 4Ni BE'19 ABOX .9L.Et.50 Rosas BUTUUns eOU•g4 come aasT UW 04 400; E►'990t 4e0A .C►.CT.LS RanaB BUTaags 001mm fevan UO37 US 03 4e-; ►flet AS" .et.►T.00 Rues BUTUans •aum fev"S go Um as awe; ►0'6£ 4"s .Lt.9T.00 R4nOS 0010"A BUFUUas Paw AsagFBea A4Unao m-Ra-gD'EBT. *Bid 'COOL OPFTw A-,& 4- p20002 ;a dansne ;o a -Td ego dq 14o-sz NS --RV Teased ORA ;o s•UsoO A29Aganos BRA WPX; 4963 16'LS agog .LT.9T.00 Ragas peavaot WP46 UosT U- A- pl(lpwISKS '—TTO; N PogTsag•P ATxST—T1sud es0m SUT•q PAS-UFTOs-D Raxq[ 'A2=00 110"TID 'dTgmawoL UFAPTWS UT BUTAT Pa -t ;a Iowa UTvas•0 a -RL :10a2z Uo4SaFssvd dosed ••age ;0 UOT4dposep svinOT42-d em m s s0; •Pam ET Soaese;es ROTRA as 'Af"Tesat daUnOD WMAVRD 'tit •Sud 'E009 WFT* Auld a0 pepsooes avid stn UO UAagm av mesas 06'5 BUTaTv4Uoo It 207 ;o TIS SaTeq SE Teased - 40 -SL 3VTTaO -am , ;o UoT4djx*vvp xeinOTasgd exam S 20; GPM NT emoxv;es gOTgA 04 •A.197501 d4unco "114S10 'ITT *Mud 'COOL OPTTB Auld UO P03120502 Pug .A2x9dasd s-TToa 'D'2 30 UOTmTATMO 'L duK-T•QugD s-TXq.. POT471uu p- 'E00C 161 R01 -1t pOA-p 1*042 'Auedmoo vmgM K '19 a40v -P dq P0sad0s4 densng PUS 41a - U0 UAOgs g- 'sgsl so 04'm '6024- 6L'S BaTUF-4UO0 'E awl Aww ;0 TT- BUFOd :t Teri -d - 40*s3. s-TTOU T f 4 30vd 16� I Nooe 6bL 66Z 291 742 BOOK 12 91 PAGE 742 164.91 snot and a chord of South 61.58.74' stent 264.20 testy thence North 78.34.54• Wast 57.79 lest to a point on the eastern right of ray of Taylor Road (State toad 1529, a 60• public right of way), thaws along said right of ray of Taylor toad North 31.01-27" West 299.21 tests thence along the are of a curve to the left having a radius of 1224.63 Lest, a length of 455.38 feet and a chord of (forth 41.40.37- West 452.76 feet; thence North 57-19.46" West 373.51 feet, thence along the aro of our" to the right having a radius of 970.00 feet, a length of 73.32 feet and chord of North 50.13.23" Wont 71.31 lest to the southwest corner of that certain parcel now or formerly owned by James leirrington, recorded in Deed Book 776, Page 4891 thence South 89.59117• test 332.88 lest to a Point at the southwest corner of Rermdou Woods Subdivision, recorded in Plat Book 93, Page 1971 thence South 89154,37" Nast 977.49 feet to the southeast corner of that certain parcel now or formerly owned by CM, recorded in Deed Book 455, Page 606, thence North $7156,170 Nest 483.81 feet to the northwest corner of the aforementioned Chatham, County pascal (NCM WAD 83 N-751,832.561, 2■1,974,382.211), thence South 19037153" West 169.88 feet, themoe south 71018144■ Nast 360.08 feet to the POINT OF XMINSM, containing 23.18 acres, more or less. Tract 2s Beginning at a point on the azisting eastern right of way of D.s. Highway 15-501, said point being on the new western right of way of Taylor toad Nxteneidn, shown on N.C.D.O.T. Project Plan 8.1520104 R-942 B and being South 05.38.37" Mast 203.89 feet from a new iron pipe at the intesssdticn Of the existing western right of way Of D.S. Nighwey 15-501 and the existing sastsrn right Of way of Taylor toads thence following the said now wasters right Of way of %-Wlor toad Extension south 31.03.45+ Nast 401.04 Peet to a point on the new western right of way line of V.s. highway 15-501, thence along said right of way of v.s. Bighway 15-501 South 49.00.45" West 51.15 leets thence South 55.30131' West 148.63 feet# thence South 50.59.22" Ment 113.17 feet; thence along the aro of curve to the left having a radius of 2001.31 feet, a length of 775.63 feet and a chord of south 51.32,48* West 770.78 feat, thence North 49.33.22" West 34.06 fat to the existing *astern right of way line of fl.s. Highway 15- 5011 thence following the said existing eastern right of way line of v.S. Highway LS -501 North 32-43,190 Nut 985.01 leets thence along the arc of durve to the right having a radius of 825.00 fat, a length of 137.69 feet and a chord of North 37-27.49" Nut 137.73 tests thence North 78008.27" Mast 78.91 feet to the POINT OF 3SQZMIIiNO, Containing 5.41 acres, more or less. Tract 3s Beginning at a point on the now eastern right of way of u.S. Highway 15- 501, shown on N.C.D.O.T. Project Plan 8.1520104 R-942 B, said point being on the southern right of way of Jack Bennett toads thence along the said right of way of Jack Bemmett toad south 84-34.11" Nast 13.21 feet, thence leaving said right of way and following the western line of that certain Parcel now or formerly owned by Jimmy Robertson. recorded in Dead Book M Page $73 south b2-52-20" Mast 897.00 tests thence south 33.26142" West 907.11 fast to the northerly corner of Pearriagtoo Section XX, recorded in Plat Book 23. Page 931 thence south 376250431 lest 517.88 foot to the northerly corner of Pearrington section i, recorded in Plat book 17, Page 711 thence south 27-51139" West 990.23 feet; theme south 58-18-06" West 1,606.08 feet to a point at the southeast corner of that certain parcel now or formerly owned by stew Almond, recorded in Deed 291 743 BOOK 12 91 pABE 743 look 396, Page 3461 thence North 03.59141■ lest 129.00 fasts thence north 08-59141" Nut 175.00 feet# thence forth 25-591411 Nest 150.00 foots theme North 13.59141• Nut 50.84 feet to a Point on the aforementioned new eastern right of way of U.S. Highway 15 -Sols thence North 14.06.26" Nast 216.07 foots thence North 59.32.28" last 60.54 feet; thence North 16.06.00" Seat 322.48 feats thence along the are of a Curve to the right having a radius of 3690.94 feet, a length of 348.84 feet and a chord of North 30-04107" Nast 348.71 foots thence North 43-34113" Sant 116.86 fasts thence North 1S -18P32" Mast 55.93 foots thence along the aro of a curve to the right having a radius of 1,837.27 fest, an aro length of 832.36 foot and a chord of North 49.40.14" last 825.26 foots thence North 84.00.590 Meat 145.67 foot; thence North 54-40*14- Mast 259.14 foots thence North 64.37150" Nast 204.38 foots thence along the are of a ourvo to the left having a T"IUS of 2,001.31 foot, as arc length of 238.59 fest and a chord of North 59.14.03" Nast 236.45 feet# thence along the are of a Our" to the left having a radius of 2,001.31 fest, an arc length of 280.10 foot and a chord of North 51.48133" Nast 279.87 foots thence North 77112.26" Mast 121.43 fast; thence North 43.41-41" Rest 212.00 foots thence North 04-05156" Nast 125.06 fest; thence along the aro of a curve to the left having a radius of 2,001.31 foot, an arc length of 821.05 foot and a chord of North 24-17,38" Sant 815.30 foots thence North 32-01114" Nast 200.09 feet to the POINT OF /!OWNING, containing 64.69 acres, more or less. Tracts 4, 5 a 61 beginning at a Point on the eslstisg eeatern right of way Sias of U.N. Wighway LS -501, said Point being Month 51-08.34" Nast 100.06 foot free a point on the azistinN -western right of way line of U.N. Highway 15-501, said Point being the colon eastern corner of that certain parcel now or formerly owned by Chatham County, recorded in Deed book 460, Page 669. and that Certain parcel now Or foseriy owned by Fred and Dotty Crisp, recorded in Dead soot 758, Page 771 thence North 67-36152" Hast 50.01 foot to * Point OR the new western right of way line of U.S. Highway 15- 501, shown on N.C.D.O.T. Project Plan 8.1520304 1-942 1, thence with said sett western right of way line of U.B. Highway 15-501 along the are of a curve to the right having a radius of 1830.70 foot, a length of 359.18 foot and a chord of South 25.01.42" Nest 359.30 foots thence South 39.46.14" lest 26.50 fast to a COMMOM corner of 'tract S and Tract 61 thence continuing along said right of way south 39146.14" Nast 204.94 foot# thence South 20055.08" Nest 83.29 fast; thence South 51'41.33" Nest 250.50 fasts thence South 59.04.34" lest 465.73 fast# thence South 69.58.26" Nest 15.17 feet to a cannon corner of Tract 4 and Tract Si thence South 69-58,26" Nest 75.09 foot to a point on the mew eastern right of way line of Taylor Road bctsnsien, shown on the above referenced W.C.D.O.T. project Plan, thence following the new eeatern right of way of Taylor Head Extension North 37.29.01" Nest 69.03 fasts thence Horth 31103,45" Host 218.22 foot to a Common Cormer of Tract 4 and Tract S; thenca North 31.03.45" Nest 106.58 fast, theme* North 13.37.02" Rest 102.97 foot to a point on the Wdsting eastern right of way line of U.S. Highway 15-501; thence following amid eastern right of way line of V.S. Highway 15-501 along the arc of a curve to the right having a radius of 946.45 fast, a length of 197.94 fast and a chord of Worth 63.14.05" Wast 197.50 foots thence Worth 69.13.32" West 587.42 foot; thane* along the are of carve to the left having a radius of 1490.00 foot, a length of 222.92 foot and a chord of north 64.56.22" Nast 222.72 foot; thence along the aro of our" to the left having a radius of 1021.70 feet, a length of 73.62 foot and a chord Of Worth 58-33.21" Rest 73.61 foot to a cannon 291 744 BOOK 1291 PAGE 744 corner of Tract S and Tract 6/ thence along the aro of a curve to the left having a radius of 1021.70 feet, a length of 282.04 feet and a chord ofWorth 18.36.591 Nast 281.15 feet to the POINT oy BNOINS=G. containing 10.55 acres, more or less. eruoe Cameron Tracts Tract is 3201 ING at an iron which iron is the northwest corner of the parcel now or formerly owned by John 8,aysrood (Deed Nook 454, Page 332) and thence running South 00.331000 Nast 295.38 feet to an irons thence running South 00.3212311 Nast 424.03 feet to an ironl thaw* running South 00.42146• Nast 364.93 feet to an iron, thence running along and with the southern boundary of the parcel now or formerly owned by Jamas Rigsbse (Dead Book 596, Page 22) South 88.33139■ Bast 1181.42 feet to an ircat thence South 10.56-0711 Nest 179.09 feet, thence South 34.3713611 lest 21.91 teats theses running along and with the centerline of a creek the following courses and distances: South 11.23/07* Next 191.42 foots South 32.13157» Nest 209.52 foot) South 24.07121• Nast 124.16 feet and South 02.45154• Next 87.23 foots thence leaving the oeaterline of said creek and running South 85.12120■ Nast 500.00 feet to on irons thews running South 85.13148" Wort 1879.59 feet to as irons thence sinning South 00.43112■ Nast 65.95 feet) thence running South 66.33127* Nest 94.90 foots thence running South 62.41105• Vogt 66.00 feet, thence ranging South 01.18155^ Bast 66.00 foot, thence running South 68.4110511 Meet 231.00 foot) thence running Worth 55.06159■ Nest 192.69 foots thence running Worth 06.58139■ Nest 90.11 foots theme* running North 39.22102■ Bast 121.45 foots thea** running North'26.321191 Bast 604.03 foots thence running Worth 13.17117• Bast 274.82 foots thence running North 05•54/5Ss Nest 164.79 foots thence running North 83125118■ Bast 165.94 foots thence running North 76.561341 Nast 147.94 feet to an iron, thence running North 76.56134• Bast 249.82 feet to a painted rooks thence running North 25.05130■ Beet 1010.45 feet to an Lrons thence running South 88.3015111 Bast 159.84 foot to a painted rock) thence running South 88.36140• Bast 419.71 feet to the place and Point of BNOIINNINO and being all of that 61.37 sore, cors or less, tract shown as Tract 1 by the plat of survey entitled property of Bruce B. Cameroa' prepared by the John B. Moldams Company, Inc., dated duly 20, 2005 and revised .duly 21, 2005, which tract is the same tract shown as Tract 1 by the plat of survey of record in Plat Book 2000, Pages 284-285, Chatham County Registry. Tract 21 329I3NIB6 at as iron which iron is the northeastern most corner of Tract 1 as hereinabove described and thomoe running South 01.33116• Nest 246.08 feet to an irons theses running South 00'16142• Nast 477.90 feet to an irony thence running South 00.14155ft Bast 90.05 feet to as irons themce running South 78.00156" Nest 236.04 foot to an irOm) thence running North 83.0715411 Nest 518.02 feet to as iron, thence running North 85.22-20' Nast 500.00 feet to a computed potato thence running along and with the eesterlLme of a creek the following courses end distancess Worth 02.45154• Bast 87.23 foots and North 24.071214 Seat 124.16 foots Borth 32.13/57- Bast 209.52 fasts and North 11.23107• Bast 191.42 foot thence leaving the centerline of said crook and running North 34.3713611 Nast 21.91 foots thence sinning North 10.5610711 most 179.09 feet to the place and point of MGXMIMG and being all of the 3.01 more, more or logs, tract shown as Treat 2 by the plat of survey entitled 111roperty of Bruce 291 745 BOOK 129 PAGE 745 S. Cameron" prepared by the John R. McAdams Company, Inc., dated July 20, 2003 and revised July 21, 2005, which tract is the same tract shown as Tract 2 by the plat of survey of record in Plat Hook 2000,.Pages 284-285, Chatham County Registry. Tract 3# BEGINNING at an iron located at the southeast corner of the parcel now or formerly owned by Michael Bishop (Deed Hook 568, Page 594) and thence running South 00"17617" Kest 493.01 feet to an irons theses running Booth 66.07115" Kest 109.22 feet to an iron# thence running North 81.30131" Vast 685.05 foot to an irORI thence running North 00.16-42" Kut 477.90 feet to an irons thence running South 88.26141" Bast 152.13 feet to an iron# Chance running South 01.00-03" Wast 194.15 feet to an iron# thence running North 89.16104" Bast 127.55 feet to an iron# then** running North 00.52135■ Bast 194.22 feet to an iron] thence running South 84.01151" Bast 296.33 feet to an iron; thence coming South 87.38103■ Bast 208.17 feet to the place and point of SWIMMING and being all of Tract 3 containing 8.64 acres, more or leas, as shorn on the plat of survey entitled Property of Bruoe H. Cmearcne prepared by the John B. McAdams Company, Inc., dated July 20, 2005 and revised July 21, 2005, which tract is the sane tract shown as Tract 3 by the plat of survey of record in Plat Book 2000, Pages 284-285, Chatham County Registry. Tract 4# BXQZXNIRG at an iron located in the northernmost corner of the property nor or formerly belomging to Susan 715140 (Deed Book 571, Page 521) and thsnCi running South 62.051530 Vast 601.87 feet to an iron; thence running South 27.55,08" But 120.05 feet to an iron; thence running South 62106135" lest 285.23 feet to an iron, thence running South 62105146" Wast 346.75 feet to an iron; thence running Bouth 62.06+240 Kest 136.19 feet to an iron; thence running South 62105153" lest 415.15 feet to an iron; thence running South 62.07.59" Nast 58.73 feet to an iron; thence running North 00.34647" East 385.00 Cost to an iron; thence running North 00117,08" Bast 372.04 feet to an iron; thence running North 00117117" Bast 493.01 fest to an iron; thence running North 019S1,09■ Bast 210.19 feat to an iron# thence running South 89.23907" Bast 1247.83 fest to an iron; thence running North 04.40,58" Bast 22.46 feet to an iron; thence North 04.40058" Nast 177.56 feet to an iron; Chance running North 04.40158" Nast 128.38 feet to a polatt thence running South 18.12132" Bast 985.10 feet to a point; thence running South 65.05,55" Vest 50.66 feet to the place and point of BBOINNINS and being all of Tract 4 containing 40.94 acres, sore or less, as shown on the plat of survey entitled Property of Bruce B. Cameron" prepared by the John R. NOAdams Company, Inc., dated July 20, 2005 and revised July 21, 2005, which tract is the same tract shown as Tract 4 by the plat of survey of record in Plat Book 2000, Pages 284-285, Chatham County Registry. Tract 5s SWIMMING at an iron located at the northwest corner of the parcel now or formerly knew* owned by Michael Bishop (Deed Book 568, Page 694) thence running South 62.33-33" West 246.97 feet to as iron# thence running South 20.25*23" West 156.89 feet to an ire*; thence running North 03.16,20" Bast 174.67 feet to an ircm# thence running North 89.05-12" Bast 289.70 feet to the place and point of WWI=ZW and being all of Tract 5 containing 0.19 acres, nose or less, am shown on the plat of survey 291 746 Booz 129 PAGE 746 entitled "Property of Brno* B. Cameron- prepared by the Sohn R. McAdams Company, Ina., dated duly 20, 2005 and revised July 21, 2005, which tract is the same tract *Lown as Tract 5 by the plat of survey of record in Plat Book 2000, Pages 284-285, Chatham County Registry. RMSRRVIM AND E2CBP7SBO, ROWRVMR, (i) easeswmts for ingress, *grass, and regress over, under, and across the following described land to and from Tracts B-1, 3-2, C, D, and R on the above subdivision plat recorded in Plat Book 2005, Page 262, Chatham County Registry, (ii) easeeacts to Provide streets, roads, utility lines and utility facilities to and from said property over, under, and across the following described land, (iii) easements for the installation, repair and maintenance of such streets, roads, utility lines and/or utility facilities over, under, and across the following described land, and (iv) easements for the use of any Improvements constructed or placed on, over, under, and/or across the following described land: Masoment Tract it All those certain are" marked in yellow on a sap entitled Briar Chapel Cameron Tracts, prepared by The John R. MkAdsms Company, Inc., dated April 26, 2005, which map is marked "Revised Master plan Resubmitted 7- 29-05• and signed by Witch Barron and approved 7-29-05 by William R. Canavan, and all those certain are" marked in yellow os a map entitled 'Property of Bruce D. Cameron", prepared by The Jobn R. McAdams Company, Ino., dated August 3, 2005, which map was signed by Mitch Barran on August 5, 2005, and approved August 8, 2005, by William R. Cameron. amid areas are reserved pursuant to paragraph 6 of os Amended and Restated Purabese and Dale Agreement between the parties of the first Part and the party of the second part, dated August 5, 2005, the terms of which are incorporated herein by reference. If the party of the second part has not constructed streets and roads on said areas at the time the Portion of the first part, their successors and assigns, are entitled to and desire to construct streets, roads, utilities, and/or utility facilities in, on, over, or across such areas as provided in the above Agreement, the parties of the first part shall be entitled to locate such areas in such locations as the parties of the first part, in their reasonable discretion, determine to be the locations indicated on the above map, such are" to have a width of one hundred (100) feet. . Massment Tract 2: Commencing at the northeast corner of Tract M as shown on the plat of survey hereinafter referred to and thence running South 00.56-46- Most 1359.59 fest and south 00.56146- Bast 320.90 feet to an iron) thence running south 00.56146- Rant 241.27 feet to the place and point of beginning; thence running south 89.53,38■ West 7.31 feet; thence running South 83.37455- Rant 699.02 fast; theme running South 72.24123■ Bust 198.09 fest# thence running counterclockwise along the aro of a circle having a radius of 420 feet cad a chord bearing of South 84.591051 Rant an aro distance of 178.71 feed thence running North 92.49133- Rest 120.09 feet; thence running clockwise along the aro of a circle having a radius of 580 fest and a chord hearing of South 86.30,11- Bast as arc distance of 216.05 foot; thence running clockwise along the aro of a circle having a radius of S80 feet and A chard hearing of South 69.55'02" Most an aro distance of 119.74 feet; thence running south 65.39140- Rest 228.53 feet to as iree, thence running south 51.1028" seat 157.93 feet to an iron; thence running clockwise along the aro of a circle having a 291 747 BOOK 12 91_ PAGE 747 radius of 550 fat and a Chord bearing of Broth 48.47008" Rest an are dintanoe of 103.46 foot to an Iron; thence running "nth 40.23148" Rest 219.62 lest to an iron# thence running counterclockwise along the are of a circle having a radius of 450 feet and a chord bearing of south 50.41152" Nast an arc distance of 161.81 feat to an iron► thence running south 60.59156" Nast 258.13 fest to an iron, thence running Clockwise along the aro of a circle having a radius of 550 fast and a chord bearing of South 56.05112" Rant an aro distance of 94.31 feet to an irco► thence running month 51.10128" Rant 265.82 feet to an iron► thence running clockwise along the aro of a circle having a radius of 280 feet and a chord bearing of "nth 31.43,28" Nast an aro distance of 190.10 feet to on Iran► thence running South 12.16#27" last 99.11 lest to an iron# thence running South 29.20,28" last 43.40 foot to an iron] thence running South 56.43+17" Nest 585.32 feet► thence running South 49.17132" West 245.32 foot► thence sunning counterclockwise along the arc of a circle having a radius of 150 feet and a chord bearing of South 21.17910" West an aro distance of 146.64 foot; thence running south 99.59-21" last 20.90 feet to an Irons thence running South 89.57024" Meat 60.00 foot# theme south 89.59 09" West 19.51 foot to an iron, thence running clockwise along the &CC of a circle having a radius of 2SO foot and a chord bearing of North 22•37P37" Nast an aro distance of 232.70 lett to an iron# thence running North 49.17132" Rest 250.06 feet to an iron; thence running Borth 54.43 17■ Rut 510.04 feet to an iron, thence running North 12.16127" Wast 79.83 feet to an iron, thence running counterclockwise along the arc of a Circle having a radius of 180 foot and a chord bearing of North 31.43028" West an era dist--c e of 122.22 feet to an irons thence sunning Worth 51.10928" last 265.82 foot to an iron, thence sunning counterclockwise along the are of a circle having a radius of 450 foot and a chord bearing of North 56.05-12" West an arc distance of 77.16 feet to on iron# thence runntag North 60.59156" West 258.13 feat to an lava; thence running clockwise along the arc of a circle having a radius of S50 foot sad a chord bearing of North 50.41152" West an are distance of 197.77 foot to an iron; thence running North 40.23-48" West 219.62 fest to an iron► thence running counterclockwise along the arc of a circle having a radius of 4SO feet and a chord bearing of North 45.47-09" West an are distance of 84.65 foot to an iron, thence running North 51.30,28" West 116.90 foot to an iron# thoaca running North 64.00-100 West 246.24 fest to an ircur thence running counterclockwise along the aro of At circle having a radius of 480 feet and a chord bearing of Worth 69.55102" West an are distance of 99.10 foot to an Irons thence running ccunterclotlkwiea along the arc of a circle having a radius of 480 feat and a chord bearing of North 86.30111" West an are distance of 178.80 foot{ thence running South 82.4933" Want 120.09 foot# thence running clockwise along the are of a circle having a radius of 520 Coot and a chord bearing of Worth 84.59,05" West an arc distances of 221.25 foot# thence running North 72.24.23• West 188.26 foot; thence running North 83.37155■ Wast 683.72 foot# thence sunning North 00.56'46' West 100.02 foot to the place and point of B=nUIZWg and being all of that tract shown u "NOW 100' Access Raswat To Serve Tracts 2-1, R-2, D a R' as shown on the plat of survey entitled "arias Chapel - Nap 8, Property of Cameron properties, Limited Partnership, Daniel D. Cameron, Jr., and Five star group, L.L.C.• proper" by The John R. McAdams Company, Inc.. dated June 17, 2005, and last revised July 22, 2005, but not including the portion of said Resonant which runs from the eastora boundary of Tract D to the southern boundary of Tract R, and recorded in Plat Nook 2005, Page 262, Chatham County Registry, to which plat reference is hereby made for a sore particular description. 4 Cf7 BOOK 129 1PAGE 748 Basement Tract 3s SBGIwNING at an iron which is the southeast oorn8r Of Tract C as shown by the plat or sorvey hereinafter referred to and running thence South 01.29.02" Nest 100.00 lest to a computed point) thence running worth 8a•30�5a Nast 125.37 feet to an iron) thence running clockwise along the are of a circle having a radius of 1050.00 loot and a chord bearing of North 02.21'07" Nest on arc distance of 225.92 Leet to an iron) thence running North 76.11117" Was 193.12 teat to an iron) thence running oonatescloakwise along the aro o! a airals having a radius o! 850.00 feet and a chord bearing of South 77.26940" Nest an are distance of 702.34 feet to an irons thence running South 51.04F37" Nest 325.60 feet to an iron# thence running North 38.55123" Nast 100.00 feet to an iron) thence running Borth $1.04137" Nast 325.60 foot to an iron) thence running cloakwise along the are of a circle having a radius of 950.00 feet and a chord bearing of North 77.26940" wast an are distance of 874.30 fest to an iron; thence running South 76.11117" Nast 193.12 foot to an iron) thence running counterclockwise along the aro of a circle having a radius of 950.00 foot and a chord bearing of South 02.21-07" Nast an aro distance of 204.40 feet to an iron) these* running South 08.30158" Nast 125.37 foot to an iron; thence running South 01.29102" Nest 100.00 fat to the point and place of 9WINKINp and being all of the parcel shown as `New 100 Foot Access Basement" by the subdivision plat entitled `Briar chapel - Map S. Property of Cawson Properties, Limited Partnership, Daniel D. Cameron, Jr., and Five Star Group, L.L.C." prepared by The John R. Moadams Company, Inc., dated June 17, 2005, and last revised July 22, 2005 and recorded in Plat Book 2005, Page 262, Chatham County Registry, to which plat refer*nae is hereby made for a more particular description. It is provided, however, that all or any portion of Resonant Tracts 1. 2. and 3 may be dedicated to public use at omy time by the Grantee hereunder. Such dedication to public use shall cause the portion of the easement so dedicated to automatically terminate and grantee agrees to azecute such documents as may be reasonably necessary to evidence or effectuate such termination. FORTBBR RESERVING MW EXCEPTING, easements to use, maintain, repair, replace and/or enlarge the streets, roads, utility lines, and atility facilities now or hereafter installed on the property. In no event shall any use of the above eeDonato (including without limitation the use or enlargement of any street) cause the area encumbered by the easement to be greater than 100 toot in width. The &have reserved easements shall be perpetual, and appurtenant to and rue with the property shown as Tracts 9-1, 5-2, C. D. and B on the above subdivision plat recorded in Plat Book 2003, Page 262, Chatham County Registry. McLeod Tracts BEING that certain tract of land located in Baldwin Township, Chatham County, North Carolina shown on map entitled -Boundary Survey of Betsy N. McLeod, Sarah N. Cespbell cad B.G. Norwood, Jr.,' performed by the John R. Maadmas Company, Inc., dated March 22, 2002 having a total area of 69.85 acres and being more particularly described as follows: zRQxWxIEG at an iron pipe at the Southeast corner or Jamas S. Ounce, recorded in Dema Beck 702, Page 201, said point being on the wasters line ?A1 - • 749 r BOOK 12 91 pbGE 749 of Twin Lakes Golf Course, recorded in Deed look 660. Page 941 thence along said line of Tris Lakes Golf Coarse south 00.571501 East 1736.03 feet to an iron pipe at the Northwest corner of U.N. Steel and Carnegie P.N.P., recorded in Deed look 264, Page $931 thence with the Western line of said UT steel and Carnegie P.I.P. South 00.031S8' Nast 47S.S4 feet to a rook with pointers on the northern line of Bruce B. Cameron, recorded in Deed Book $33, Paye 7541 thence with said Cameron South 08.06.461 Nest 41.84 feet to an iron piper thence Booth 88.28155" Nest 1332.60 feet to an iron pips at the southeast corner of Peralmoon Sills subdivision, recorded in Plat Cabinet 1, slide 821 the with the Bastern line of said subdivision North 00.03.19' Bast 2309.24 feet to an Iron pipe in a rock pile on the southern line of the aforementioned James E. Dixons thence with said line of Dixon South 89.05.42' East 1327.52 feet to the point of beginning, containing 69.85 acres, more or leas. • 4291 0750 BOON 1 2 9 1 PAGE 750 The leffal description is bereby amended by adding the following as insured propertys sodas all of that 4.893 acre lot or parcel of land Shawn as 'Reserved by Owner' on that plat of surv*y prpared by Smith and Smith Surveyors, dated September 9, 1987, entitled • MS,* I, Ierndom Woods Subdivision' and recorded as Slide 99-14 in the Cbathaa, County Registry, to which plat reference is hereby made for a more partiaalar description, Loss and Incept the parcel conveyed to the ACDOT by viture of Deed recorded in book 781, Page 954, Chatham County Registry. Property ]mora as the-rields Tract'. Attachment 3 Stormwater Documentation Attachment 3.1 Stormwater BMP Approvals i PAT MCCRORY DONALD R. VAN DER. VAART v4'tlrer r>ttr;tti S. JAY ZIMMER.MAN January 11, 2016 :35 DWR Project # 05-0732 V31 Chatham County Mr. Bill Mumford, Assistant Vice President NNP -- Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 Subject: APPROVAL OF REVISIONS TO STORMWATER PLAN Briar Chapel — Boulder Point Drive Extension (BMP#20) On. January 11, 2008, the Division of Water Resources (DWR) issued a revised 401. Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan (SMP) for the Briar Chapel — Boulder Point Dr. Extension dated April 17, 20 15. was ( received on April 24, 2015. This plan was approved by the Division in a letter issued on July 13, 2015. On December 16, 2015, we received a request from Mr. Gareth Avant, PE, asking that we allow a modification to be made in the design of the bioretention cell BMP #20. After reviewing the revised drawings C3.2 and D3.1, the revised Bioretention Cell Supplement, and the "Revised BMP #20 Calculations," we agree that the modification can be allowed and do hereby approve the revised stormwater plan. If you have any questions, please contact Boyd DeVane at (919) 807-6420. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Unit cc: DWR Raleigh Regional Office (Cherri.Smith ii'ncdenr.gov ) Chatham County Public Works Dept., P.O.Box 1.550, Pittsboro, NC 27312 Gareth Avant (GAvaW&,,mckimcreed.com) 40.1 & Buffer Permitting Unit File Filename: 05073201 BriarChapel BoulderPointExt.BMP20(Chathain)_SW Slate of North Carolina Environmental Oualit} I Water Rcsourees ' 4A1 & Bu Ncr Painitting 1617 Mail Service Center , Raleigh, North Carolina 27699-1617 9147079000 Water Resources ENVIRONMENTAL QUALITY January 19, 2016 Mr. Bill Mumford, Assistant Vice President NNP —Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 Subject: APPROVAL OF STORMWATER PLAN Briar Chapel — Phase 10 (BMP#25) Dear Mr. Mumford: PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN m11�1i DWR Project # 05-0732 V34 Chatham County On January 11, 2008, the Division of Water Resources (DWR) issued a revised 401 Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan (SMP) for Briar Chapel — Phase 10 dated December 4, 2015, was received on December 10, 2015. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new SMP. This approval requires you to follow the conditions listed in the Water Quality Certification for the project and the additional conditions listed below: The SMP approved by the DWR consists of a wet detention basin (BMP #25) and includes all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated December 4, 2015. The plans and specifications and engineering calculations for Phase 10 of the development are incorporated by reference into this approval and are enforceable by DWR provided however that any modification of the design for the stormwater management system that is accepted by DWR shall take precedence over the original plans and specifications. 2. The maximum allowable drainage and the maximum impervious areas for the wet detention basin shall be those provided in the "401 Narrative & Supporting Calculations — Briar Chapel Development — Phase 10" dated December 4, 2015. Any changes to these maximum areas shall require the applicant to submit a revised stormwater management plan to be approved by the DWR. State of North Carolina I Environmental Quality I Water Resources 1401 & Duffer Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 707 6300 Briar Chapel Phase 10 DWR Project #05-0732 V34 Stormwater Plan Approval Page 2 of 2 3. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in public rights-of-way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights-of-way, common areas and easement areas shall be in accordance with the approved plans. 4. Maintenance activities for the wet detention basin and related stormwater devices shall be performed in accordance with the notarized 0&M agreement signed by Lee Bowman (Senior Project Manager) on December 1, 2015. The 0&M agreement must transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. DWR must be notified promptly of every transfer. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWR within thirty (30) days of project completion (available at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). Thank you for your attention to this matter. If you have any questions or wish to discuss these matters further, please contact Boyd DeVane at (919) 807-6420. Sincerely, N Karen Higgins, Supervisor 401 and Buffer Permitting Branch cc: DWR Raleigh Regional Office (Cherri.Smith@ncdenr.gov ) Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 Gareth Avant (GAvant@mckimcreed.com) 401 & Buffer Permitting Branch File Filename: 050732v34BriarChapelPhase 10(Chatham)_SWP_Approve.docx Water Resources ENVIRONMENIAL OUALI I January 8, 2016 Mr. Bill Mumford, Assistant Vice President NNP — Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN DWR Project # 05-0732 V31 Subject: APPROVAL OF REVISIONS TO STORMWATER PLAN Briar Chapel -- Boulder Point Drive Extension (BMP#20) Chatham County On January 11, 2008, the Division of Water Resources (Division) issued a revised 401 Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan (SMP) for the Briar Chapel — Boulder Point Dr. Extension dated April 17, 2015, was received on April 24, 2015. This plan was approved by the Division in a letter issued on July 13, 2015. On December 16, 2015, we received a request from Mr. Gareth Avant, PE, asking that we allow a modification to be made in the design of the bioretention cell BMP #20. After reviewing the revised drawings C3.2 and D3.1, the revised Bioretention Cell Supplement, and the "Revised BMP #20 Calculations," we agree that the modification can be allowed and do hereby approve the revised stormwater plan. If you have any questions, please contact Boyd DeVane at (919) 807-6420. Sincerely, a r" Karen Higgins, Supervisor 401 and Buffer Permitting Branch cc: DWR Raleigh Regional Office (Cherri.Smith ncdenr,gov ) Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 Gareth Avant (GAvant@mckimcreed.com) File Copy Filename: 050732v31BriarChapelBoulderPointExt.BMP20(Chatham)_SW State of North Carolina !Environmental Quality I Water Resources 1 401 & Buffer Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 707 9000 .� . ,FAR, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 27, 2015 DWQ Project # 05-0732 V30 Chatham County Mr. Bill Mumford, Assistant Vice President NNP — Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 Subject Property: APPROVAL OF STORMWATER PLAN Briar Chapel - SD Commercial Dear Mr. Mumford: On January 11, 2008, the Division of Water Resources (DWR) issued a revised 401 Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan (SMP) for the Briar Chapel - SD North Commercial dated January 20, 2015 was received on January 23, 2015. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new SMP. This approval requires you to follow the conditions listed in the Water Quality Certification for the project and the additional conditions listed below: 1. The SMP approved by the DWR consists of a wet detention basin and a bioretention cell and includes all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated January 20, 2015. The plans and specifications for the SD North Commercial project are incorporated by reference into this approval and are enforceable by DWR provided however that any modification of the design for the stormwater management system that is accepted by DWR shall take precedence over the original plans and specifications. 2. The maximum allowable drainage and the maximum impervious areas for the wet detention pond and the bioretention cell shall be those provided in the "401 Narrative & Supporting Calculations — Briar Chapel Development —SD North Commercial' dated Division of Water Resources — 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 Intemet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper NNP — Briar Chapel LLC DWR Project #05-0732 V30 Stormwater Plan Approval Page 2 of 2 January 20, 2015. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the DWR. 3. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in public rights-of-way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights- of-way, common areas and easement areas shall be in accordance with the approved plans. 4. Maintenance activities for the wet detention pond and the bioretention cell and related stormwater devices shall be performed in accordance with the notarized 0&M agreements signed by Laurie Ford (Vice President, Operations) on January 20, 2015. The O&M agreements must transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. DWR must be notified promptly of every transfer. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWR within thirty (30) days of project completion (available at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. Thank you for your attention to this matter. If you have any questions or wish to discuss these matters further, please contact Boyd DeVane at (919) 807-6373. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit KAH/jab Cc: USACE Raleigh Regulatory Field Office DWR RRO file Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 401 & Buffer Permitting Unit file Filename: 050732v30Bria rChapelSDCommercial(Chatham)_SW_Mod_Approve.doc NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 5, 2014 Mr. Bill Mumford, Assistant Vice President NNP - Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, INC 27516 Subject Property: Briar Chapel, Phase it APPROVAL OF STORMWATER PLAN Dear Mr. Mumford: John E. Skvarla, III Secretary DWQ Project # 05-0732v29 Chatham County On January 11, 2008, the Division of Water Quality (DWQ) issued a revised 401 Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan (SMP) for Phase 11 of Briar Chapel, dated June 30, 2014, was received on July 8, 2014. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new SMP. This approval requires to you follow the conditions listed in the General Water Quality Certification for the project and the following additional conditions listed below: 1. The SMP approved by the DWQ consists of one (1) wet detention pond and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated June 27, 2014. The plans and specifications for Phase 11 approved by DWR are incorporated by reference into this approval and are enforceable by DWR provided however that any modification of the design for the stormwater management system that is accepted by DWR shall take precedence over the original plans and specifications. 2. The maximum allowable drainage area for the approved wet detention pond shall be 1,446,191 square feet and the maximum allowable built -upon area shall be 965,075 square feet. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the DWR. Division of Water Resources - 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper 3. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in either public rights-of-way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights-of-way, common areas and easement areas shall be in accordance with the approved plans. 4. Maintenance activities for the wet detention pond shall be performed in accordance with the notarized O&M agreements signed by Laurie Ford (Vice President, Operations) on July 3, 2014. The 0&M agreement must transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. DWR must be notified promptly of every transfer. 5. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWR within thirty (30) days of project completion (available at http:/Iportal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms ). Thank you for your attention to this matter. If you have any questions or wish to discuss these matters further, please do not hesitate to contact Boyd DeVane at (919) 807-6373. Sincerely, / Karen Higgins, Supervisor 401 & Buffer Permitting Unit KAH/jab Cc: USACE Raleigh Regulatory Field Office DWR RRO files Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 401 & Buffer Permitting Unit files Filename: 050732v29Bria rCh a pelP h ase l ll Chatha m)_SW_Mod_Approve.d oc NEVER North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E Skvada, III Governor Acting Director Secretary June 27, 2013 DWQ Project # 05-0732v27 Chatham County Mr. Bill Mumford, Assistant Vice President NNP — Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 Subject Property: Briar Chapel, Phase 8 APPROVAL OF MODIFIED STORMWATER PLAN Dear Mr. Mumford: On January 11, 2008, the Division of Water Quality (DWQ) issued a revised 401 Water quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham -County. In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan (SMP) for Phase 8 of Briar Chapel, dated May 21, 2013, was received on May 23, 2013. This approval is for the purpose and design that you described in your application. if you change your project, you must notify us and you may be required to send us a new SMP. This approval requires to you follow the conditions listed in the General Water Quality Certification for the project and the following additional conditions listed below: 1. The SMP approved by the DWQ consists of one (1) wet detention pond and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated May 21, 2013. The plans and specifications for Phase 8 approved by DWQ are incorporated by reference into this approval and are enforceable by DWQ provided however that any modification of the design for the stormwater management system that is accepted by DWQ shall take precedence over the original plans and specifications. 2. The maximum allowable drainage area for the approved wet detention pond shall be 843,368 square feet and the maximum allowable built -upon area shall be 420,658 square feet. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the DWQ. etlands, Buffers, Stormwater, Compliance and Permitting unit (VVBSCP) One 1650 Mai Service Center, Raleigh, Nath Carolina 27699-1650 NO Carolina Location. 512 N Salisbury Street Floor 9. Raleigh, North Carolina 27604.1170 Phone 919.607-6300/Fax 919-807-6494 A/ V `ra//f� "y Internet, www ncwaterqualdy org v An Equal opportunity 1 Alrirrnabve Action Employer Briar Chapel — Phase 8 2of2 June 27, 2013 3. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in either public rights-of-way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights-of-way, common areas and easement areas shall be in accordance with the approved plans. 4. Maintenance activities for the level spreaders shall be performed in accordance with the notarized 0&M agreements signed by Kevin Graham (Vice President, Operations) on May 16, 2013. The 0&M agreement must transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. DWQ must be notified promptly of every transfer. S. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWQ within thirty (30) days of project completion (available at htto:Hportal.ncdenr.org web/w(i/swo/ws/401/certsandpermits/apply/forms). Thank you for your attention to this matter. If you have any questions or wish to discuss these matters further, please do not hesitate to contact me at (919) 807-6381. Sincerely, - av� C 04:9- � Annette Lucas, P.E. Wetlands, Buffers and Stormwater Compliance and Permitting (Webscape) Unit AML/aml Cc: Becky Fox, EPA USACE, Raleigh Cherri Smith, DWQ Raleigh Regional Office Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 File Copy Rename: Os0732v276riarChapelPhase8(Chatham) Sw_Mod_Approve.doc 4i R®Y6YVOd North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary March 8, 2013 DWQ Project # 05-0732v26 Chatham County Mr. Bill Mumford, Assistant Vice President NNP — Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 Subject Property: Briar Chapel, Phase 7 APPROVAL OF MODIFIED STORMWATER PLAN Dear Mr. Mumford: On January 11, 2008, the Division of Water Quality (DWQ) issued a revised 401 Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a temporary stormwater management plan (SMP) for roadway portion of Briar Chapel — Phase 7, dated January 23, 2013, was received on January 29, 2013. The DWQ approves the temporary SMP as satisfying Condition 10 of the General Water Quality] _ (Certification until the remainder of Phase 7 is developed. The final SMP for Phase 7 must be receive4 6d approved by the DWQ before construction of the lots is commenced. The approved final SMP fog+ Phase 7 must be constructed and operational before any permanent building or other structure associated t that phase is occupied This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new SMP. This approval requires to you follow the conditions listed in the General Water Quality Certification for the project and the following additional conditions listed below: 1. The temporary SMP approved by the DWQ consists of three (3) level spreaders and all associated stormwater conveyances, inlet and outlet strictures, and the grading and drainage patterns depicted on plan sheets dated January 23, 2013. The plans and specifications for Phase 7 approved by DWQ are incorporated by reference into this approval and are enforceable by DWQ 1617 Mail ;ervirb Ct-nter Ralegh, N,•1h Carol, .a 27699-1617 _ Lomfion 0214 Sibsur ry Sr Role& Vorl't Calih .a 21604 P.'xro^ 119-Zj7.9300 14X .19A'•i-b1.t'.rus. r,-rS-,Mre 1-B1: ^'r9 -b. J8 '..tern' wv w ,mater u, h,; OM Y•�at„�n:.m. Nne orthCaro]ina Mr. Bill Mumford March 8, 2013 Page 2 of 2 provided however that any modification of the design for the stormwater management system that is accepted by DWQ shall take precedence over the original plans and specifications. 1. The maximum allowable drainage area for the approved level spreaders shall be in accordance with the table below. Built -upon area includes, but is not limited to, roofed structures, asphalt, concrete, gravel, brick, slate, coquina and parking areas, but does not include raised, uncovered open slat decking or the water surface of swimming pools. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the DWQ. Levels reader #r' Mai. drainage areas Max built upon area s 2 163,077 47,505 3 243,922 62,469 4 151,391 87.075 2. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in either public rights-of-way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights-of-way, common areas and easement areas shall be in accordance with the approved plans. 3. Maintenance activities for the level spreaders shall be performed in accordance with the notarized O&M agreements signed by Kevin Graham (Vice President, Operations) on January 16, 2013. The O&M agreement must transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. DWQ must be notified promptly of every transfer. 4. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWQ within thirty (30) days of project completion (available at httR://portal.ncdenr.orWweb/wg/swp/ws/401 /certsandpermits/apply/forms). Thank you for your attention to this matter. If you have any questions or wish to discuss these matters further, please do not hesitate to contact me at (919) 807-6381. Sincerely, (J.Aacqo� Annette Lucas, P.E. Wetlands, Buffers and Stormwater Compliance and Permitting (Webscape) Unit AML/aml Cc: Becky Fox, EPA USACE, Raleigh Cherri Smith, DWQ Raleigh Regional Office Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 File Copy Filename: 050732v26BriarChapelPhase6Nonh(Chatham) S% Mod Approve.docx RA F 0 FCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 14, 2013 DWQ Project # 05-0732v25 Chatham County Mr. Bill Mumford, Assistant Vice President NNP — Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 Subject Property: Briar Chapel, Great Ridge Parkway Extension APPROVAL OF MODIFIED STORMWATER PLAN Dear Mr. Mumford: On January 11, 2008, the Division of Water Quality (DWQ) issued a revised 401 Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and - to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan for Briar Chapel — Great Ridge Parkway Extension, dated December 18, 2012, was received on December 20, 2012. The DWQ approves the SMP as satisfying Condition 10 of the General Water Quality Certification. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new SMP. This approval requires to you follow the conditions listed in the General Water Quality Certification for the project and the following additional conditions listed below: The SMP approved by the DWQ consists of one (1) wet detention pond and one (1) Level Spreader -Engineered Filter Strip and all associated stormwater conveyances, inlet and outlet strictures, and the grading and drainage patterns depicted on plan sheets dated December 19, 2012. The plans and specifications for the Great Ridge Parkway Extension approved by DWQ are incorporated by reference into this approval and are enforceable by DWQ provided however that any modification of the design for the stormwater management system that is accepted by DWQ shall take precedence over the original plans and specifications. �Jetlands, Butlers. Stormwatr, - Compliance and Permifling (4ebscape) Unit One �— 1650 Mad Sewn Canter, Raleigh Win C,rolica 77699 1c10 NorthCarolina I hone 9.8 1 Salisbury FAX St Raleigh. Nodh Cainhna r %e04 Amin ly Phone 919$01.63001 FAX 9;9.807.6494 1 1,�-;lnmer Se�v,ce 1•877 323 :748 Interne' %-ww n—*aten.ualny erg Briar Chapel, Great Ridge Park*ay Extension ! Page 2 of 2 January 14, 2013 2. The maximum allowable drainage area for the approved wet detention pond shall be 1,705,452 square feet and the maximum allowable built -upon area within that drainage area shall be 1,117,211 square feet. The maximum allowable drainage area for the Level Spreader -Engineered Filter Strip shall be 147,452 square feet and the maximum allowable built -upon area within that drainage area shall be 62,438 square feet. Built - upon area includes, but is not limited to, roofed structures, asphalt, concrete, gravel, brick, slate, coquina and parking areas, but does not include raised, uncovered open slat decking or the water surface of swimming pools. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the DWQ. 3. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in public rights-of-way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights-of-way, common areas and easement areas shall be in accordance with the approved plans. 4. Maintenance activities for -the wet detention pond shall be performed in accordance with the notarized O&M agreements signed by Kevin Graham (Vice President, Operations) on December 13, 2012. The O&M agreement must transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. DWQ must be notified promptly of every transfer. 5. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWQ within thirty (30) days of project completion (available at htta://portal. nedenr.oEg/web/wa/swp/ws/401 /certsandpermits/apply/forms). Thank you for your attention to this matter. If you have any questions or wish to discuss these matters further, please do not hesitate to contact me at (919) 807-6381. Sincerely, Annette Lucas, P.E. Wetlands, Buffers and Stormwater Compliance and Permitting (Webscape) Unit AML/aml Cc: Becky Fox, EPA USACE, Raleigh DWQ Raleigh Regional Office Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 File Copy Filename: 050732v25GreatRidgeParkwayExt(Chatham) SW Mod Approve.doox North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E Governor Director September 19, 2012 Mr. Bill Mumford, Assistant Vice President NNP — Briar Chapel LLC 16 Windy Knoll Circle Chapel Hill, NC 27516 Subject Property: Briar Chapel APPROVAL OF MODIFIED STORMWATER PLAN Dear Mr. Mumford: Dee Freeman Secretary DWQ Project # 05-0732v24 Chatham County On January 11, 2008, the Division of Water Quality (DWQ) issued a revised 401 Water Quality Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to permanently impact 1,666 linear feet of stream and 0.159 acre of 404 wetland in order to construct the Briar Chapel Subdivision in Chatham County. In order to meet Condition 10 of the 401 Certification for this project, a request to allow greater flexibility in the placement of impervious surfaces within each approved BMP's drainage area was received by the DWQ on September 13, 2012. The DWQ approves the request to modify the Stormwater Management Plan (SMP) as satisfying Condition 10 of the Water Quality Certification. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new SMP. This approval requires to you follow the conditions listed in the Water Quality Certification for the project and the following additional conditions listed below: 1. The SMP approved by the DWQ consists of the BMPs listed on the attached table and all associated stormwater conveyances, inlet and outlet strictures, and the grading and drainage patterns depicted on the approved plan sheets. The plans and specifications for the currently approved phases of Briar Chapel approved by the DWQ are incorporated by reference into this approval and are enforceable by the DWQ provided however that any modification of the design 1617 Marl Service Center, Raleigh, North Carolina 27699.1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 Phone 919807 63001 FAX 919-807-':492 k Customer Service 1-877.623-6748 Internet www rimateraualrly oro An Equal Opportunily r Alfirmauve Aclron Er,,,.c yer Nne orthCarohna Natmrallry Mr. Bill Mumford September 19, 2012 Page 2 of 2 for the stormwater management system that is accepted by the DWQ shall take precedence over the original plans and specifications. The maximum allowable drainage area for the approved shall be as per the attached table. Built - upon area includes, but is not limited to, roofed structures, asphalt, concrete, gravel, brick, slate, coquina and parking areas, but does not include raised, uncovered open slat decking or the water surface of swimming pools. If any project phase is modified such that it exceeds the maximum drainage area or built -upon area, then the applicant shall be required to submit and receive approval for a revised stormwater management plan by the DWQ. 3. The footprint of all stormwater management devices as well as an additional ten (10) foot wide area on all sides of the devices shall be located in either public rights-of-way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights-of-way, common areas and easement areas shall be in accordance with the approved plans. 4. Maintenance activities for the BMPs shall be performed in accordance with the notarized O&M agreements signed by the persons on the dates specified in the attached table. The O&M agreement must transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. The DWQ must be notified promptly of every transfer. 5. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWQ within thirty (30) days of project completion (available at http://portal.nedenr.org/web/wA/swp/ws/40 I /certsandpertnits/apply/fonns). Thank you for your attention to this matter. If you have any questions or wish to discuss these matters further, please do not hesitate to contact me at (919) 807-6381. Sincerely, Annette Lucas, P.E. Wetlands, Buffers and Stormwater Compliance and Permitting (Webscape) Unit AML/aml Cc: Becky Fox, EPA USACE, Raleigh Lauren Witherspoon, DWQ Raleigh Regional Office Chatham County Public Works Dept., P.O. Box 1550, Pittsboro, NC 27312 File Copy Filename: 050732v24BnarChapelPreviousPhases(Chatham)_S W_Mod_Approve Phase BMP Identifier DWQ Project # Maximum Drainage Maximum Built -Upon Person who signed the 4 1 05-0732v18 Area (SF) -Area 967,032 (SF) O&M agreement 4 2 05-0732018 1,233,184 422,204 602,289 Jeff Scouten 4 4 3 05-0732018 458,687 190,402 Jeff Scouten Jeff Scouten 4 4 5 05-0732v18 l, l l 6,878 605,526 Jeff Scouten 4 6 05-0732v18 610,711 343,555 Jeff Scouten 4 Bioretention Area 05-0732018 05-0732vl9 439,085 290,282 Jeff Scouten 5 North 7 OS -0732013 42,233 829,500 15,700 Bill Mumford 5 North 8 05-0732013 526,749 460,148 319,138 Bill Mumford 5 South 6 South 9 05-0732v9 708,956 288,956 Bill Mumford Jeff Scouten 6 North 10 11 05-0732v22 05-0732v23 1,639,766' 822,865 Bill Mumford 901,260 446,930 Bill Mumford Date O&M agreement was signed 17 -Oct -08 17 -Oct -08 17 -Oct -08 17 -Oct -08 17 -Oct -08 17 -Oct -08 20 -Dec -10 9 -Aug -10 9 -Aug -10 28 -Feb -08 12 -Jul -1 I 14 -Jun -12 Attachment 3.2 Eagle Engineering Monitoring Lee Bowman Project Manager Newland Communities 16 Windy Knoll Circle Chapel Hill, NC 27516 Via email: lbowman(a�newlandco.com June 29, 2015 Subject: Summary Monitoring Report and Recommendation Dear Lee, This letter comprises our summary assessment of the Briar Chapel Environmental Monitoring Program from its inception in 2007 through the latest sampling round for which samples were taken in February 2015. The purposes of the monitoring program were to: 1. Provide background monitoring information on the concentrations of chemical constituents for which changes may be attributable to development activities prior to the initiation of development of the various phases of the Briar Chapel development; and 2. Provide monitoring for the same constituents during and following development phases at Briar Chapel. 3. Both surface water and groundwater monitoring stations were installed and monitored. The primary purpose of the surface water stations was to monitor effects of development activity on sediment and nutrient concentrations, while the primary purpose of the groundwater stations was to monitor the effects of the application of treated wastewater effluent on dedicated, up -gradient sprayfields. The monitoring program was implemented on a voluntary basis by Briar Chapel to address requests from Chatham County and other stakeholder groups to assess the potential for the development to impact nutrient loading to those tributaries to Jordan Lake that drain the development. A secondary implementation objective was to support the 401/404 Wetlands Permitting process. In February 2012, the a request was submitted to the North Carolina Division of Water Quality (Division) to modify the program by placing several of the surface water and groundwater stations in inactive status in areas the Briar Chapel intended to delay development in the areas they monitored because an adequate period of background monitoring had been implemented there. The Division approved this request and the stations were placed on inactive status as of January 2013. In February 2013, Briar Chapel requested the installation and initiation of the monitoring of groundwater and surface water stations that the original monitoring plan had specified for areas proposed to monitor dedicated sprayfields located the western portion of the Briar Chapel Property as shown in Figure 1. These stations were installed and monitoring was initiated in May 2013. Eagle Resources, P.A. P.O. Box 11189 Southport, NC 28461 G4Q..4dFi.1n9.� www oanlorocmirroc rnm Briar Chapel has requested that we provide a summary of the program to Mr. Christopher Huysman to assist him in preparing the extension request for the 401/404 Permit. To facilitate this, we have added the wetlands mapped by the The John R. McAdams Company and used in our Hydrogeologic and Water Balance report prepared and submitted in 2004. Attachment A provides the summary monitoring results for the program for surface water stations and Attachment B provides the summary results for the groundwater stations. We have performed trend analyses on the results for all the stations so as to determine if there is any statistically significant trend over time in those monitored parameters in surface water that were the most likely to indicate effects of development: pH, Fecal Coliforms, Turbidity, Dissolved Oxygen (DO), Total Kjeldahl Nitrogen (TKN), Total Phosphorous and Total Dissolved Solids (TDS). For groundwater, the trend analysis was only performed for pH because all the other monitored constituents were generally below the Practical Quantitation Limit (PQL) of the laboratory and the sample size for those values above the PQL was too small to be statistically meaningful. The fecal coliforms detected in groundwater as shown in Attachment A for October 2014 for all accessible wells and September 2013 for MW -6 are considered the effect of sampling error and/or contamination of sampling equipment. The high turbidity values for monitoring wells are the results of the impossibility of preventing fine sediment from the native saprolite the wells are completed in to enter the well screens during purging and sampling. Turbidity in groundwater samples was not analyzed for trends. Visual examination of the monitoring data showed that outliers caused by sampling or reporting were present in some of the parameters for some of the stations. Consequently the trend analyses were performed using the Theil-Sen trend estimator, which compared to the OLS (ordinary least squares) estimator, is robust against outliers. That is, it can tolerate arbitrary corrupted data (outliers) of up to 29.3% of the samples analyzed. Attachments C and D provide the graphical and tabular results of the trend analyses for Surface Water and Groundwater stations, respectively. The trend analyses showed that no statistically significant trend is present in any of the parameters for any of the stations with the exception of the following: • pH in monitoring wells MW -2, MW -4, and MW -9 showed a statistically significant decrease. pH is an indicator parameter only and is not an indicator of the effects of the application of wastewater to up -gradient sprayfields because none of these have been put into use (Figure 1); • Turbidity and TDS showed statistically significant decreases in surface water station SW -11. This station is a newly installed monitoring point on the most southwestern portion of the Briar Chapel property (Figure 1), and no development activities have occurred upstream of this location; • TDS showed a statistically significant increase in surface water stations SW -2, SW -8 and SW - 21. SW -2 and SW -21 are located on the upstream boundaries to Briar Chapel (Figure 1) and therefore no development activity can be responsible for this change. SW -8 is located downstream of the drainage that contains construction for the 5 -Day Upset Pond and the treated effluent storage reservoir. Both of these features are closed (no surface water inflow or outflow) and as constructed cannot contribute to changes in surface water quality. The increasing trend in TDS in SW -8 over the entire monitoring period however does not reflect a decrease in this parameter during the last four sampling rounds. Based upon this review of the monitoring program, we recommend that all stations except the ones installed in 2013 along the western property boundary be placed in inactive status. We further recommend that the monitoring frequency be changed from three times per year to semi-annually, in February and August. The western stations need to be continued to provide a longer time basis for background values in anticipation of the construction and use of the dedicated sprayfields to be constructed in this area. If you concur with our recommendations, please let us know and we will prepare a budget augmentation request for your approval. If the proposed August event is approved for the recommended stations, we need approval by the third week of July to allow scheduling of the sample collection by Environment 1. If you have any questions regarding this report or our recommendations, please do not hesitate to contact me. Sincerely yours, Eric G. Lappala, P.E., P.H. Cc: Christopher Huysman via email: chr°is.hu sy manka gmail.com Attachments: Figure 1 Attachment A: Tabular summary of all Surface Water monitoring results Attachment B: Tabular summary of all Groundwater monitoring results Attachment C: Trend Analysis for pH, Fecal Coliforms, Turbidity, DO, TKN, and TDS for Surface Water Stations Attachment D: Trend Analysis for pH for Groundwater Stations �•..c;�``r.0 ;�'-A*i'.��a'� �,.,..�-r�.s^�_;E � �� 'kms '" � ��+ �� r 4� q6 [ EXPLANATION7. ter k3ctive Stations A MON WELL pA SW Sampling Inactive a - c x • a fir' •*" s .� feM... ..S y. P {4 1 k' tff f R� J Y ti � a � N WELL 4 A -.i, SW -Sampling Briar Chapel Property Line Permitted and Installed Sprayflelds Permitted, Not Installed Proposed Conjunctive NO CUM r1 r / i k s � a�,n i It1 Ilt� 111 . tll 1111 t 4'-- +" Appendix A.2 Preliminary U.S. Steel Maps 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL." REGULATORY OFFICIAL______ USACE ACTION ID NO. ------ 1, DAVID S. CLARK, PLS L-4729, CERTIFY THAT THIS MAP WAS - ' DRAWN UNDER MY SUPERVISION FROM A FIELD SURVEY MADE + UNDER MY SUPERVISION; THIS MAP DOES NOT CONFORM TO G.S. 47-30, AND IS NOT INTENDED FOR RECORDATION. DATES OF SURVEY WERE PERFORMED BETWEEN 02/17/2014 AND 02/20/2014 PRELIMINARY PLAT N/F NOT FOR RECORDATION, SAOR SALES TWIN DO 460 °PC 9ouesE DAVID S. CLARK, PLS L-4729 DATE NNP BRIAR CHAPEL LLL i SHEET 2{rrLIMITS OF STUDY/ A PS 2013 PG 105 WEILAND L STREAM 6 ROPERTY LINE STREAM 1 WETLAND R I STREAM 2 WETLAND A N/F LAKES GOLF COURSE OB 460 PG 94 G STREAM WETLi AND B STREAM 4 Hom . 3-�• 20A N SITE - n m o i^, a z - c z _ "qy SCALE: 1" = 400' N/F WADE ROOK MEACHAM D6 614 PC 447 WETLAND C j - ' WETLAND D STREAM 5 i NIF WETLAND Fd...-r.a + NNP BRIAR CHAPEL, LLC SHEET WETLAND E WETLAND H DB 1209 PG 877 MILANO I PB 34 PG 19 cl SUBJECT PROPERTY: WETLAND J NNP BRIAR CHAPEL, LLC SHEET 4 WETLAND K -__.__--------------------' DB 1722 PC 1163 NNP BRIAR CHAPEL LLL PB 2013 PG 214 WETLAND M „� D6 15" PC 674 PIN: 9765-47-2252 A PS 2013 PG 105 WEILAND L STREAM 6 STREAM 8 WETLAND 0 WEILAND N 1 WETLAND R CUFFOALE ROM _ STREAM 7 (40J PUBLIC R/W) -_______--__��_______ N/F WETLAND Sr NNP BRIAR CHAPEL LLC jy WERAND 0 — DB1657 PG 177 p^ WETLAND T- DB 2005 PG 252 ; ly to WETLAND P SHEETS N/F NNP BRIAR CHAPEL LLC WETLAND VjAS`` 1 t i 1 DB 1544 PG 674 1 PB 2013 PC 108 SHEET5 \\VVh C i ��«yN LISTS OF STUDY/PROPERTY LINE I N/F N/F N/F NNP BRIAR CHAPEL LLC NNP BRIAR CHAPEL, LLC 1 1198 PC NNP BRIAR CHAPEL, LLC DB 1494 PG 32 DB PB 2008 PC 132 '� 51 0 DB 1198 PG 510 PS 2 007 PC 246 PB 2007 PG 246 1 I NOTES: -JURISDICTIONAL WETLAND AND STREAM AREAS SHOWN - PROPERTY OVERVIEW SEE SHEETS 2 -7 FOR DETAILS WERE DELINEATED BY WETLAND AND NATURAL RESOURCE CONSULTANTS. -GPS NOTE: -ALL POINTS ARE LOCALIZED ABOUT NCGS "MEACHAM' HAVING GRID THIS SURVEY PERFORMED WITH TRIMBLE R8 RECEIVERS USING THE COORDINATES OF N=768,395.12', AND E=1,963,424.93' USING A COMBINED AVG WIDTH AREA AUGMENTATION SYSTEM (WARS). FACTOR OF 0.99990676. ®WETLAND */�iCTA/(& R a j1 lri 1�11r1V �..1�LiLilJ DELINEATION SURVEY ON THE PROPERTY Or PROJECT R : 2735-0102 PROD. SVYR : DSC DRAWN BY :DSC VARSITY DRIVE, SUITE 500 NNP—BRIAR CHAPEL, LLC FIE1730 COMP FILE VWIOI-27350102 RALEIGH, NC 27606 SHEET III : 1 OF 7 TEL: (919)233-8091 FOR NNP—BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE: 1'-400' BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA I DWG, ; -SEE SHEET 1 FOR NOTES AND CERTIFICATION. -SEE SHEETS 6 AND 7 FOR POINT COORDINATE TABLES. Z NC GRID (NAD83) SCALE: 1" = 100' 0 50 100 200 360 /-�BTO PROPOR.�N0.19 411 _ — LIMITS OF STUDY/PROPERTY LINE 4• AVG x 467 Ips POKEBERRY CREEK 1523 JURISDICTIONAL STREAM 1 465 406 FLAGS 1500-1527 +/- 996 LINEAR FEET 455 152x 464 407 4,429 sq. fl.7 ts�1 i —` 453 440 I� Qy C 428 439 438 �W , 1504 4 455 1507 1508 14581512 Opp 461 462 g' 1511 1606 1505 1513 151 4' AVG 1505 5' AVG WIDTH 1575 1501 4521 418 41 1516 Z i m 416 h 1302 450 419 415 151 414 i I 406 448 449 420 413 412 5' AVG V4DTH / tsm 5' AVG WIDTH JURISDICTIONAL) 1500 w7 421 WETLAND A I sola FLAGS 400-470 "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE "6 422 +/- 49,573 sq. ft. BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER 3' AVG MOTH I ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. 423 UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, 445 I s0D3 THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON 424 I FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE 444 4013 I UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE 425 REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS I443 426 ' 4002 442 REGULATORY OFFICIAL_ -- 427 4001 C I 4012 M1 428 (DATE) --- ---�� —_ 2' AVG UNNAMED TRIBUTARY JURISDICTIONAL STREAM 3 FLAGS 3000-3007 +/- 593 LINEAR FEET +/- 1,187 sq. ft. 2' AVG WIDTH 1 Q 440 I� Qy C 428 439 438 p 4011 437 ND 4010 AIS6 131 I 432 m A 435 4009 I3' ,- AVG WIDTH 434 4006 i m 433 4007 L_- � 2' AVG WIDTH UNNAMED TRIBUTARY I 406 JU+R/ISDIC77ONAL STREAM 2 40M FLAGS LINEAR FEET 1.672sq. f. PRELIMINARY PLAT I 4004 NOT FOR RECORDATION, CONVEYANCE, OR SALES - "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE I BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, I s0D3 THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE I UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL." ' 4002 REGULATORY OFFICIAL_ -- 2' AVG WIDTH 4001 I 1000 (TITLE)--------- ' (DATE) --- ---�� —_ IUSAGE ACTION ID NO.--__-----_—__—_--- '1\ /�� j* r� lYl "j�jjbl(,l WETLAND DELINEATION SURVEY ON THE PROPERTY OF PROJECT # : 2735-0102 PRO). SVYR : DSC DRAWN BY: DSC 1730 VARSITY DRIVE, SUITE 500 NNP -BRIAR CHAPEL, LLC FIELD BK. COMP. FILE : vw101-27350102 RALEIGH, NC 27606 SHEET B : 2 OF 7 TEL: (919)233-8091 FOR NNP -BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE: 1".100' www mckimcrepd.cmm BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA I DWG, t SITE ,. ih 341 342 $01'29'4 '19. PROPM. 343 LIMITS OF STUDY/PROPERTY LINE q�Ipy�y6 340 339 2036 344 _ 336 3 � 2037 - 337 336 _ 335 746 2036 _ 3 349 3' AVG INDTH 332 331 357 JURISDICTIONAL WETLAND 8 326 330 '162z54 FLAGS 1 NC GRID (NAD83 732325 6 3 3 03 354 SSS +/ 11,82929 sq. 5q. ft. Z� 329 3247 zwz 356 325 2031 S3" -SEE SHEET 1 FOR NOTES AND CERTIFICATION. 203 351 -SEE SHEETS 6 AND 7 FOR POINT COORDINATE TABLES. su 32320 029 SCALE: 1" 100' zm 2027 0 50 100 200 300 UNNAMED TRIBUTARY JURISDICTIONAL STREAM 4 2026 3' AVG WIDTH FLAGS 2002-2036 25 2024 JURISDICTIONAL +/— 1228 LINEAR FEET 317 16 WETLAND C +/— 3,047 sq. ft. 301 FLAGS 301-317 20303 315 2023 +/— 964 sq. ft. X30 314 3DB 3 2021 3 307 12 2' AVG MDn,11301 306 311 2022 300 1305 2020 2017 299 310 304130 S 296 2015 t oo 1307 2019 297 1 2014 lev 1306 X1311 2962071 ' JURISDIC770MAL 1313 WETLAND D 2012 294 PROJECT p : 2735-0102 PROD. SVYR : DSC DRAWN BY 7�ryip40 e FLAGS 289-300, 2' AVG 1314 MOTH \� 7301-1317, 378-379 2017 293 TEL: (919)233-8091 10,010 sq. ft. 1315 NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE 1'100' 36 362 2010 292 DWG, d ; JURISDIC17ONAL 131e 291 tst7 290 2009 365 WETLAND G 363 FLAGS 362-366 31e 259 31� +/-365 sq. a. 262 364 264 263 261 2006 2007 265 260 JURISDICTIONAL 266 79 WETLAND E 267 275 FLAGS 278-288 266 2006 sq. ft. 2005 2004 PRELIMINARY PLAT 2903 2' AVG "DTH NOT FOR RECORDATION, CONVEYANCE, OR SALES 2001 2002 "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE 2000 BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER JURISDICTIONAL ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. WETLAND F UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, FLAGS 2001-2002 THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON +/- 256 sq. ft. FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL." REGULATORY OFFICIAL - (TITLE) ---- (DATE) USACE ACTION 10 NO LIMITS OF STUDY/PROPERTY LINE * �+rlr(M&� ® WETLAND DELINEATION SURVEY ON THE PROPERTY OF PROJECT p : 2735-0102 PROD. SVYR : DSC DRAWN BY l�/ 1730 VARSITY DRIVE, SUITE 500 NNP -BRIAR CHAPEL, LLC :DSC FIELD BK. CDMPEETLE : VWiDI-27350102 RALEIGH, NC 27606 FOR TEL: (919)233-8091 NNP -BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE 1'100' BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA DWG, d ; LIMITS t7F STUDY/PROPERTY UNE 17,1 aNC GRID (NAD83) Ia (Z a A I + SITE J JURISDICTIONAL WETLAND K FLAGS 199-203 +/- 335 sq. ft. PRELIMINARY PLAT NOT FOR RECORDATION, CONVEYANCE, OR SALES 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL." REGULATORY OFFICIAL---- — (TITLE)—, --- ----- USACE ACTION ID —SEE SHEET I FOR NOTES AND CERTIFICATION. —SEE SHEETS 6 AND 7 FOR POINT COORDINATE TABLES. SCALE: 1' = 100' 0 50 100 200 300 202 '-- WETLAND N toot UNNAMED TRIBUTARY JURISDICTIONAL STREAM 5 (4' AVG WIDTH LINEAR) 15 FLAGS 211-220 FLAGS 1000-1040 +/- 776 sq. H. XRISDIC77ONAL 034 9 210 1o0z +/— 1,372 LINEAR FEET 209 W 1003 +/— 4,852 sq. ft. DATE: FEBRUARY 28, 2014 SCALE: 1'100' www-mckimcrpAti mm BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA J 1004 JURISDICTIONAL 4' AVG W10TH ,005 20001 WETLAND H (6 AVG WIDTH LINEAR) a FLAGS 20001,1005 1154153152 O� 1006 +/— 134 sq. ft. 1100 0 1007 JURISDICTIONAL 1s1 156 ,101 1105 1591`59 157 150 1102 WEI ON 160 173 17103 I 8D 194 1010 1012 FL GS 188-194 11°76 1ul 194 +/- 743 sq. ft. 17772 170 1104 I 1009 1014 toll 66169 2' AVG W1D174 1015 110 tio9ce w3 192 191 1013 1016 175 UNNAMED TRIBUTARY I 115 187 too 1114 176 lilt JURISDIC71ONAL STREAM 6 017 1115 1112 FLAGS 1100-1118 I 1016 1019 178 1n 2 A.8 186 +/- 392 LINEAR FEET 1020 84185 +/— 781 sq. ft. J 1021 183 4' AVG WIDTH 1022 102318 190 161 4' JURISDICTIONAL 1024 FLAGS 150-187 JURISDICTIONAL 3• AVG IWDTH +/- 4,444 sq. It. WETLAND J 1,1,19 FLAGS 195-198 +/- 87 sq. ft. JURISDICTIONAL WETLAND K FLAGS 199-203 +/- 335 sq. ft. PRELIMINARY PLAT NOT FOR RECORDATION, CONVEYANCE, OR SALES 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL." REGULATORY OFFICIAL---- — (TITLE)—, --- ----- USACE ACTION ID —SEE SHEET I FOR NOTES AND CERTIFICATION. —SEE SHEETS 6 AND 7 FOR POINT COORDINATE TABLES. SCALE: 1' = 100' 0 50 100 200 300 202 '-- WETLAND N WETLAND DELINEATION SURVEY ON THE PROPERTY OF (4' AVG WIDTH LINEAR) 3' AVG WIDTH 033 FLAGS 211-220 FIELD COMP. F . E : VW101-27350102 +/- 776 sq. H. XRISDIC77ONAL 034 9 210 WETLAND L 209 FLAGS 204-210 +/— 496 sq. ft. 205 206 1038 21e 207 .., 1t to 3' AVG --- 1401 2' AVG W1DIH— 1403 I 1404 UNNAMED TRIBUTARY JURISDIC77ONAL STREAM 8 FLAGS 1401-1407 1. +/- 346 LINEAR FEET +/- 689 sq. ft. A �/� *� &� 6 WETLAND DELINEATION SURVEY ON THE PROPERTY OF PROJECT : 2735-0102 PROD. SVYR : DSC DRAWN BY: DSc Irl 1� LY1 41730 VARSITY DRIVE, SUITE 500 NNP -BRIAR CHAPEL, LLC FIELD COMP. F . E : VW101-27350102 RALEIGH, NC 27606 FOR SHEET / : 4 OF 7 TEL: (919)233-8091 NNP -BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE: 1'100' www-mckimcrpAti mm BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA DWG. —SEE SHEET 1 FOR NOTES AND CERTIFICATION. —SEE SHEETS 6 AND 7 FOR POINT COORDINATE TABLES. SITE _ NC GRID (NAD83) SCALE: 1" � 100' z _ 0 50 100 260 300 J AVG MDTH 2' AVG UNNAMED TRIBUTARY JURISDICTIONAL STREAM 7 FLAGS 1201-1211 +/— 532 LINEAR FEET +/— 1,070 sq. ft. AVG WDTH 2217pl(222 223 WETLAND P (4' AVG WIDTH LINEAR) �I L 142 S2?$ t1 JURISDICTIONAL 140 tt6 WETLAND S 141 138 (n PRELIMINARY PLAT (4' AVG WIDTH LINEAR) 139 1351 127+20 n7 G224 +u { 17-w +23 9 +/ sq.ft.137 BOUNDARY THE JURISDICTION OF SECTION 404 CLEAN 11 122 2a toe 236 JURISDICTIONAL 130 128 1271261212 1 tz9 237 WETLAND T 104 105 107 FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE FLAGS 135-137 1S, 132 1Do,D1 1021D3 JURISDICTIONAL 259 235 +/— 48 sq. ft. JURISDICTIONAL 239 WETLANDS DELINEATION MANUAL." WETLAND U 240 FLAGS 100-132 241 42 213 —__ REGULATORY OFFICIAL_—_—__-- +/— 6.992 sq. ft. UNNAMED TRIBUTARY JURISDICTIONAL STREAM 7 FLAGS 1201-1211 +/— 532 LINEAR FEET +/— 1,070 sq. ft. AVG WDTH 2217pl(222 223 WETLAND P (4' AVG WIDTH LINEAR) 1404 12w FLAGS 229-235 z UNNAMED TRIBUTARY JURISDICTIONAL +/— 552 sq. /t. JURISDICTIONAL STREAM 8 WETLAND 0 FLAGS 1401-1407 1405 FLAGS 221-227 �12 +/— 346 LINEAR FEET +/— 1.882 sq. ft.659 sq. ft. PRELIMINARY PLAT +405 2' AVG WD7H NOT FOR RECORDATION, CONVEYANCE, OR SALES 254 1407 T THIS COPY OF THIS PLAT ACCURATELY FIES AJUR THE (WATER CTS E nOF 01' ,J 253 P BOUNDARY THE JURISDICTION OF SECTION 404 CLEAN 252 236 ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS. 261 237 THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE 260 UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE JURISDICTIONAL 259 235 REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLAND 0 239 WETLANDS DELINEATION MANUAL." FLAGS 236-264 255 240 +/— 4,860 sq. It. 26 241 42 213 —__ REGULATORY OFFICIAL_—_—__-- 257 255 254 253 2M 252 (TITLE)---- TITLE)- --251 251 250 245 (DATE)----- DATE)__--246 246 249 ACTION ID NO.— —_ 247USACE 245 cm& mFl WETLAND DELINEATION SURVEY ON THE PROPERTY OF PROJECT 111: 2735-0102 PROJ. SVYR DSC DRAWN BY: DSC 46 1730 VARSITY DRIVE, SUITE 500 NNP -BRIAR CHAPEL, LLC FIELD BK. COMP. FILE : vw101-27350102 RALEIGH, NC 27606 FOR SHEET / : 5 OF 7 TEL: (919)233-8091 NNP -BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE: 1'=100' BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA I DWG, III 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE -- -- -' BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER LONGITUDE ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. _ UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, SITE,+ THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON -7 T 7" FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE - UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE 3003 REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS -797'11.57' WETLANDS DELINEATION MANUAL." - REGULATORY OFFICIAL__ -- (TITLE) --- ------ .. - (DATE)-- ----------------- - - .., 4ryp'�s USACE ACTION ID N0________��__ 3007 XRISDIC170NAL -79'7'14.26- 7 '7'14.26' aAGAND S�266-277,1274 PRELIMINARY PLAT NC GRID (NADB3) I 273 2741274 +/- 897 sq. f1• NOT FOR RECORDATION, CONVEYANCE, OR SALES Z I 35,49'4oz4"-797'6.71* 272 270 ' 273 26 276 L1M1TS OF STUDY/PROPERTY LINE '4 '4 277— S00'5618"E +/-907' TO PROP COR STREAM 3 TABLE -SEE FLAG LATITUDE LONGITUDE 3000 1' -79-r8.96' 3001 35 0,ID' -7 T 7" 3002 35!49'59.77' -79'7'10,69' 3003 3'49'59.09' -797'11.57' 3004 '49' -79'7'12.56' 3005 '49'58.1 ' -7 1 3006 '4 ' 7.50' - 7'1 ' 3007 35.49'57.14' -79'7'14.26- 7 '7'14.26' -SEE SHEET 1 FOR NOTES AND CERTIFICATION. -SEE SHEETS 6 AND 7 FOR POINT COORDINATE TABLES. SCALE: 1" a 100' IN 0 SO 100 200 300 U M&CRELL 1730 VARSITY DRIVE, SUITE 500 RALEIGH, NC 27606 TEL: (919)233-8091 NC FIRM SIF -1222 STREAM 8 TABLE FLAG LATITUDE LONGITUDE 1401 35'49'44.05" -79'7'13.70' 1402 5'49'43.8 ' -797'14.4 ' 1403 3549'43.80" -79'7'14.90* 1404 35'4 '43. ' -797'15.55" 1405 •4 '4 . ' -7 7' 2" 1406 35'49'43.39' -79716. 1" 1407 35'49'42.94' -79'7'17.42' WETLAND DELINEATION SURVEY ON THE PROPERTY OF WETLAND S TABLE FLAG LATITUDE LONGITUDE 138 '4 ' 6' -797'6.49' 139 35'49'40,79' -797'6.W 140 35'49'4087" -797'5.3a' 141 '4 '4 .97' -7 76. Y 142 3549'41.111" -7R76.20' WETLAND T TABLE LATITUDE LONGITUDE WIG '4 '4 .17' -79-7'6.56" 136 1 35,49'4oz4"-797'6.71* 137 '4 '4 NNP -BRIAR CHAPEL, LLC FOR NNP -BRIAR CHAPEL, LLC DATE: FEBRUARY 28, 2014 SCALE: 1"-100' BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA PROJECT B : 2735-0102 IRON. SVYR DSC DRAWN BY : DSC FIELD BK. COMP. FILE VW101-27350102 SHEET 11 : 6 OF 7 WETLAND J TABLE 1 219'4 '4 . FLAG LATITUDE LONGITUDE 1 220 6' 1 -79-7-11.95' 195 35'49'47. ' -79 196 354947.43" -797'8.91* WETLAND O TABLE 197•4947!',Z; -797'8.92 FLAG LATITUDE LONGITUDE 198 47-797. 221 '4 '41. 7' -797'1&16' WETLAND K TABLE 222 '4 '40. ' -797'15.13' FLAG LATITUDE LONGITUDE 223 35'49'4 35' -7 7'1 199 '49'47 ' -7 7 .74' 22435'49'40,26" -79714.0' 200 35'49'46. -797. ' 225 49'4 - '14. 201 35'49'46.00" -79'7'10.29' 226 35'49'40.77' -797'14.73' 202 '4 ' -7 84' 227 35'49'41.04' -79-7-14.84" 203 5'49'4 . 1' -7970.7Y - WETLAND P TABLE WETLAND L TABLE FLAG LATITUDE LONGITUDE FLAG LATITUDE LONC47UDE 229 '4 ' -7 71 204354945.30''-7 7 1.81' 23035'49'39.51' -797'15626" 205 •4 ' .14' - 9'7' .11' 231 3 '4 ' 9' -79715,6V 208 •49'4 T - TI 232 35'49'39.30" -79715.77' 207 35'49'4&03' - 7'1 37' 233 '4 ' 1 ' -797'16.00" 208 3549'44.83' -797'12.37' 234 35'4 ' 7' -797'16.31' 209 35'49'44.96' - 7'1 235 35'{9'39.02' -797.1&1Y 210 35'49'45.17' -797'11.94" 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE REUEO UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE, THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL" REGULATORY OFFICIAL PRELIMINARY PLAT /TIT. r1 NOT FOR RECORDATION, CONVEYANCE, OR SALES (DATE) -_� _�- USACE ACTION 10 N0._ _ WETLAND DELINEATION SURVEY PROJECT R : 2735-ol02 I �+T/111 R L+,('7REW PROD. SVYR : DSC 1�/r1Vl�/j(Ji �.j�['jrjjJ ON THE PROPERTY OF DRAWN BY :DSC FIELD BK. 1730 VARSITY DRIVE, SUITE 500 NNP -BRIAR CHAPEL, LLC COMP. FILE : vw101-27350102 RALEIGH, NC 27606 FOR SHEET p : 7 OF 7 TEL: (919)233-8091 NNP -BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE: N/A www mrkImrrped_r.­ BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA I DWG. WETLAND H TABLE WETLAND G TABLE LATITUDE WETLAND F TABLE FLAG LATITUDE LONGITUDE FLAG LATITUDE LONGITUDE 362 9' 7. ' 3 '4957,007 - 971. ' 2000 35-41-51.057 -7 720.22' 363 •49'57.1 ' -7 717. ' 2001 '49'51.22" -7 7' 364 3 '49' 7.18" -797'17.28' 2002 -7 7'1 , ' 365 35-49'57.12" -79716.89' 35'49'49.51" - -787'6.85" 366 35'49'57.1 ' -797'16,56- 7 7'1 5 "-SEE -SEESHEET 1 FOR NOTES AND CERTIFICATION. 35'49 -79715.74- 7 7 .7 '194 WETLAND J TABLE 1 219'4 '4 . FLAG LATITUDE LONGITUDE 1 220 6' 1 -79-7-11.95' 195 35'49'47. ' -79 196 354947.43" -797'8.91* WETLAND O TABLE 197•4947!',Z; -797'8.92 FLAG LATITUDE LONGITUDE 198 47-797. 221 '4 '41. 7' -797'1&16' WETLAND K TABLE 222 '4 '40. ' -797'15.13' FLAG LATITUDE LONGITUDE 223 35'49'4 35' -7 7'1 199 '49'47 ' -7 7 .74' 22435'49'40,26" -79714.0' 200 35'49'46. -797. ' 225 49'4 - '14. 201 35'49'46.00" -79'7'10.29' 226 35'49'40.77' -797'14.73' 202 '4 ' -7 84' 227 35'49'41.04' -79-7-14.84" 203 5'49'4 . 1' -7970.7Y - WETLAND P TABLE WETLAND L TABLE FLAG LATITUDE LONGITUDE FLAG LATITUDE LONC47UDE 229 '4 ' -7 71 204354945.30''-7 7 1.81' 23035'49'39.51' -797'15626" 205 •4 ' .14' - 9'7' .11' 231 3 '4 ' 9' -79715,6V 208 •49'4 T - TI 232 35'49'39.30" -79715.77' 207 35'49'4&03' - 7'1 37' 233 '4 ' 1 ' -797'16.00" 208 3549'44.83' -797'12.37' 234 35'4 ' 7' -797'16.31' 209 35'49'44.96' - 7'1 235 35'{9'39.02' -797.1&1Y 210 35'49'45.17' -797'11.94" 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE REUEO UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE, THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL" REGULATORY OFFICIAL PRELIMINARY PLAT /TIT. r1 NOT FOR RECORDATION, CONVEYANCE, OR SALES (DATE) -_� _�- USACE ACTION 10 N0._ _ WETLAND DELINEATION SURVEY PROJECT R : 2735-ol02 I �+T/111 R L+,('7REW PROD. SVYR : DSC 1�/r1Vl�/j(Ji �.j�['jrjjJ ON THE PROPERTY OF DRAWN BY :DSC FIELD BK. 1730 VARSITY DRIVE, SUITE 500 NNP -BRIAR CHAPEL, LLC COMP. FILE : vw101-27350102 RALEIGH, NC 27606 FOR SHEET p : 7 OF 7 TEL: (919)233-8091 NNP -BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE: N/A www mrkImrrped_r.­ BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA I DWG. WETLAND H TABLE FLAG LATITUDE LONGITUDE 1005 35'49'51.22. -79'7'5.03' 20001 35'49' -797'5.07' WETLAND 1 TABLE FLAG LATITUDE LONGITUDE 196 '4 ' .B ' -797'6.70' 189 35'49'49,75" -797'6.69* 190 35'49'49.53' -797'7.()B* 191 35'49'49.51" - -787'6.85" 192 '49• -797'6.87' 193 35'49 -79715.74- 7 7 .7 '194 194 35'49' 1" -7 7'6.50' WETLAND J TABLE 1 219'4 '4 . FLAG LATITUDE LONGITUDE 1 220 6' 1 -79-7-11.95' 195 35'49'47. ' -79 196 354947.43" -797'8.91* WETLAND O TABLE 197•4947!',Z; -797'8.92 FLAG LATITUDE LONGITUDE 198 47-797. 221 '4 '41. 7' -797'1&16' WETLAND K TABLE 222 '4 '40. ' -797'15.13' FLAG LATITUDE LONGITUDE 223 35'49'4 35' -7 7'1 199 '49'47 ' -7 7 .74' 22435'49'40,26" -79714.0' 200 35'49'46. -797. ' 225 49'4 - '14. 201 35'49'46.00" -79'7'10.29' 226 35'49'40.77' -797'14.73' 202 '4 ' -7 84' 227 35'49'41.04' -79-7-14.84" 203 5'49'4 . 1' -7970.7Y - WETLAND P TABLE WETLAND L TABLE FLAG LATITUDE LONGITUDE FLAG LATITUDE LONC47UDE 229 '4 ' -7 71 204354945.30''-7 7 1.81' 23035'49'39.51' -797'15626" 205 •4 ' .14' - 9'7' .11' 231 3 '4 ' 9' -79715,6V 208 •49'4 T - TI 232 35'49'39.30" -79715.77' 207 35'49'4&03' - 7'1 37' 233 '4 ' 1 ' -797'16.00" 208 3549'44.83' -797'12.37' 234 35'4 ' 7' -797'16.31' 209 35'49'44.96' - 7'1 235 35'{9'39.02' -797.1&1Y 210 35'49'45.17' -797'11.94" 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE REUEO UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE, THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL" REGULATORY OFFICIAL PRELIMINARY PLAT /TIT. r1 NOT FOR RECORDATION, CONVEYANCE, OR SALES (DATE) -_� _�- USACE ACTION 10 N0._ _ WETLAND DELINEATION SURVEY PROJECT R : 2735-ol02 I �+T/111 R L+,('7REW PROD. SVYR : DSC 1�/r1Vl�/j(Ji �.j�['jrjjJ ON THE PROPERTY OF DRAWN BY :DSC FIELD BK. 1730 VARSITY DRIVE, SUITE 500 NNP -BRIAR CHAPEL, LLC COMP. FILE : vw101-27350102 RALEIGH, NC 27606 FOR SHEET p : 7 OF 7 TEL: (919)233-8091 NNP -BRIAR CHAPEL, LLC NC FIRM #F-1222 DATE: FEBRUARY 28, 2014 SCALE: N/A www mrkImrrped_r.­ BALDWIN TOWNSHIP CHATHAM COUNTY NORTH CAROLINA I DWG. Appendix B.1 Cultural Resources Report ENVIRONMENTAL SERVICES, INC. 524 New Hope Road Raleigh, NC 27610 919-212-1760 / Facsimile 919-212-1707 www.esinc.cc MEMORANDUM TO: Lee Bowman FROM: Terri Russ DATE: 16 June 2014 RE: Briar Chapel -Lizzie Cheek Grave (3'1'CH806**) In 2006, ESI recorded site 31CH806**, the Lizzie Cheek grave site, during an archaeological survey of portions of the Briar Chapel development in Chatham County, North Carolina. The site consists of a single overturned grave marker located at the edge of the North Carolina Department of Transportation (NCDOT) right-of-way for US 15-501. No other marked or unmarked graves were identified in the vicinity of the Lizzie Cheek headstone. As part of the investigation, ESI coordinated with Gary Glover of the NCDOT to determine if any graves had been documented in the area as part of the US 15-501 widening project (Mr. Glover served as the Archaeology Unit Project Manager for the portion of that project in the vicinity of the site). Mr. Glover indicated that no previously recorded or unknown cemeteries were encountered by NCDOT during the archaeological investigations for the project in the 1990s, nor were any encountered during the actual construction. As a result of the 2006 investigation and additional research conducted in 2011, no concrete information regarding the potential for additional Cheek family members to be buried in the vicinity of the Lizzie Cheek grave site on the Briar Chapel property could be located. According to local informants, the Cheek family cemetery was surrounded by an iron fence with more than one grave (Rachel Parrish in Vatter 2008). Locals recall that the grave markers "disappeared" sometime in the 1940s and were presumably stolen. As part of Newland Communities efforts to promote historic awareness and preservation within the Briar Chapel community, ESI recently conducted a more in-depth examination of genealogical records in hopes of solving the "mystery" of the purported Cheek cemetery. Elizabeth "Lizzie" Warren Cheek (1892-1919) was the daughter of Robert David Cheek (1858- 1930) and Mary Frances "Fannie" Brewer (1864-1942). The 1900 census lists Robert and Mary Cheek along with six children: Lola, Asa Clarence, Clifton, Laura [Lena?], Lizzie, and Luna. 1/6 The 1900 census indicated that Fannie had given birth to six children, all of whom were still living. The 1910 census indicated that only 6 of 8 children were living. Three of the six children from the 1900 census are no longer listed as household members (Lola, Asa Clarence, and Clifton). Death certificates for the three indicated that all lived to adulthood. The remaining three children listed in the 1900 census are still listed as household members (Lena, Lizzie W., and Luna). A seventh child, Carl Lee, is also listed (born in 1902). Interestingly, Lannie (born 1904) is not listed in this census. As at least seven (and likely 8) of Fannie's children were alive at this time, it appears that the census either incorrectly stated the number of children living at the time of the census (6) or the number of total children (8). Unfortunately, the 1920 and 1930 census do not specify how many of Fannie Cheek's children were still living. Only daughter Lannie [possibly "Lunnie"] is listed as living in the household. The 1940 census indicates that Fannie and her daughter Lannie still resided in Chatham County; however, six months prior to Fannie Cheek's death in 1942, she had moved to Durham. An examination of death certificates indicated that the majority of the Cheek family is buried in Maplewood Cemetery in Durham, including Fannie Brewer Cheek (Table 1). Internment locations were generally obtained from an examination of North Carolina Death Certificates with two exceptions: Robert David Cheek and Lizzie W. Cheek, discussed below. Table 1: Cheek Family Name Birth—Death Burial Location Robert David Cheek (Father) (1858-1930) Maplewood Cemetery* Mary Frances "Fannie" Brewer (1864-1942) Maplewood Cemetery Cheek (Mother) Fannie Lola (1886-1957) Lystra Baptist Church Asa Clarence (1887-1943) Maplewood Cemetery Clifton (1888-1971) Maplewood Cemetery Unknown Male (1889-1889) Maplewood Cemetery* Lena (1890-1969) Maplewood Cemetery Lizzie (1892-1919) Maplewood Cemetery* Luna (1893-1974) Maplewood Cemetery Unknown Female (1895-1895) Maplewood Cemetery* Carl Lee (1902-1978) Maplewood Cemetery Lannie (c.1904-1986) Maplewood Cemetery *Grave markers are currently located in Maplewood Cemetery, however, original burial was likely at home Although the death certificate for Robert David Cheek lists his burial place as "at home" in Chatham County, a grave marker was located for Robert Cheek in the Maplewood Cemetery. Interestingly, a -grave marker in -the same plot lists "Sister" Cheek (1895-1895) and "Brother" 2/6 Cheek (1889-1889), presumably two of the Cheek children who died prior to the 1900 census; however, the 1900 census indicated that none of the Cheek children had died prior to 1900. Similarly, although Lizzie Cheek's grave marker is located in Chatham County, a second marker with identical dates is located within the Maplewood Cemetery. Even more perplexing, her death certificate lists Lystra Church as the burial location (a search of burial records for Lystra Church did not indicate her burial took place there). It is possible that the graves of Lizzie and her father were re -located to Maplewood Cemetery sometime after the family moved from the homeplace, or prior to the original construction of U.S. Highway 15-501 (formerly NC 75). Maplewood Cemetery was contacted to see if any records existed pertaining to graves being moved to the cemetery from other locations. Although no records of relocated graves were found, the cemetery does have records for plots purchased for both Lizzie Cheek and her father Robert Cheek. The cemetery could not confirm that their bodies are interred there, however, and the markers may simply be commemorative.*1 In summary, it is possible that the grave marker for Lizzie Cheek in the Briar Chapel community does not actually designate a grave, but rather, a former grave location. Although informants recalled that all of the grave markers and surrounding iron fence were stolen in the 1940s, it is more likely that the Cheek family had the graves removed (either by choice or out of necessity in advance of pending road construction). Although no documentation of this grave removal could be located, it seems unlikely that the Cheeks family would purchase plots for deceased family members buried elsewhere merely for commemorative purposes. Lizzie Cheek's Grave Marker in the Briar Chapel Community 11- .' *'Later research confirmed that the grave had been re -interred at Maplewood; see subsequent memo (attached) 3/6 Lizzie Cheek's Grave Marker in Maplewood Cemetery, Durham North c:arouna !NORTH CAROLINA 5TATI ROARO OF HBAI.TH • c)( , ,. p11L[AU OF YRAL STAn*TfO �x{T•'''�;• +. a-_zzz Z > STANDARD CERTIFICATE OF DF •iw .. UI ..,,r-.-.... � aX 1 MJ{G. - E:�--�—'--«VIIt+M A9 L TwerN•pd. ....... ....... . . //}}((�� ....... tl•+ W ■ata Ir'ai K ... .......... an FULL ULLr'r1i4J•AXQ •1 rM�•• rla�•�. " a " a•n•.N. •a• M.... . _....M--- W w.r.aE . a •IN - ilWa`r {rP••fars«�rTM y�fALWIrlltMC/ro = �-IARO AND r i .• r 0..•a .V +'+ �T 16 � 1.w.Ma a....••J b•r m� I H£R£RY C£RTLFI". t<,r �..... 6y�••1 err J••.►...•e.•a, r .N b.• w«.a r»••. « <w •M..rY:na r�• "-Mt. yl tsm — a ",-rv'e•••••rY•.•` �rcKi tr D -x a•aC.. r 7 Aa• •y p C 1 WrM.w• r a«•«•+ .. r... I �. I r; y, fN G•aw� arw• ...... O uwrNr' `' - 0 M•b1/ �I ON M •r.«.w r.K' ............... .... li � /stir M � �1 /�J .,(' w's. INe. r r.•••� t t►a .M •.•b77- L '.ter ...... . \ 0. .- r r•ra« —1 .. 1••* (iAV r tfi.—d1 //:: t ✓✓ ` 17 � ry«Nr ydar . •w I ar f•r•t� Dr'TM « rNn llrctwrt+a. •!""' Iar Yt.•w a•! �.,.-ta «� l �� .i.t yr• , <1 � � M CM•aa r•we' tfto.l.. 4 n.•.•• {] Yelalr•. ihr• r w.•.r i L :<C Marne r.•a•+er` � Iv - 1.GrW •`�• �, x c- , Z ■ rt�c Lizzie Cheek's Death Certificate Stating Place of Burial as Lystra Church 4/6 Robert Cheek's Grave Marker in Maplewood Cemetery N"Rf11 O CAROU7UR 1 AT, WR" A� M[ALTN.T aurun e/ VKu hail, STANDARD CERTIFICATE OF DEATH " L root «�.'�r,%....dQ %- n.r■.r.. «.hr iY! L � ' ✓ 3 � rt w w�riA r � r�rl . rrrr., rn rl .r+ W r rnr r� �rr1 IL w r r ft.W" Wrt L IIILL 4H.,f W rrr..: - _ _ rra A�.rwl p. aro rwww L /.Q ♦ O.LM M iMl � L .rMb 71.wYL wKrL w L'/tiles, f ii 1 r[KN Ii.T�. TY 1 M-- r�wLnr I rr — a—.w. a ,Ilri w own Iwo w. .rl. r .W d p��r-r�..,. — r rr r 7. •N Tt ..r. irrr I /97 j 1 �r L M � �• L��. .O{wGp'6I�� - rla w rr►r ra r,L r. r.l rr K Yrs. rrrrrr a Trr rr Mrrr.i .�. r I.pm.wwi :wow is wrrr Robert Cheek's Death Certificate Stating Place of Burial "At Home" 5/6 - t ■ �I �� r) K Mrr rr.l w r ti 1r rrwrr �7 �ilw rwr.Irw7'� LL r 0I0 ..I rr • ri.W rnr HY7�1 f r r. r. rr.r.. :S Krr.n,.w .rrarriLw�.rru_.._ ir.rriw 1•--- K .Ifir.lLY. Ieb w rel � �.. r ran rr,r_ r.. r.ri.rr (p r kW,rawi r Il.r.lw Y.Iri r Y rr ...w kdows. K fir• ora-/.�_ijC it .h.rrir MrlYr►wt.Wlr.Ywrr0..Ir�1l i,,: W,�1 W l • �r4 Robert Cheek's Death Certificate Stating Place of Burial "At Home" 5/6 Possible Children of Robert and Fannie Cheek, in Maplewood Cemetery References Cited Cemetery Census 2014 Chatham County North Carolina Cemeteries. Lizzie Cheek Grave [E43.2] http•//cemeterycensus.com/nc/chat/ceml20.htm. Accessed June 2, 2014. Vatter, Fred J. 2008 The Mystery of Lonely Lizzie. Chatham County Line, Vol. 6, Issue 4,p.6. 6/6 iL -- N# Children Bom IF !`{ • r ��, l '/ ? / 7 L411--l—Children Living Wit. L.� �:.s� � � -,i.'t sins AO ,� f"'� •� J a a —A Elm— 1 (/ �:•:4-... _... .- r� � _ �_7�'._t-.4�1' _.—r - i I A� L / It 1910 Cencnc (Chatham Countv. Baldwin. District 002. Paee 91 References Cited Cemetery Census 2014 Chatham County North Carolina Cemeteries. Lizzie Cheek Grave [E43.2] http•//cemeterycensus.com/nc/chat/ceml20.htm. Accessed June 2, 2014. Vatter, Fred J. 2008 The Mystery of Lonely Lizzie. Chatham County Line, Vol. 6, Issue 4,p.6. 6/6 ENVIRONMENTAL SERVICES, INC. 4901 Trademark Drive Raleigh, NC 27610 919-212-1760 www.environmentalservices.com MEMORANDUM TO: Lee Bowman FROM: Terri Russ DATE: 7 November 2014 RE _ Briar Chapel -Lizzie Cheek Grave (31CH806**) In 2006, ESI recorded site 31CH806**, the Lizzie Cheek grave site, during an archaeological survey of portions of the Briar Chapel development in Chatham County, North Carolina. The site consists of a single grave marker located at the edge of the North Carolina Department of Transportation (NCDOT) right-of-way for US 15-501. No other marked or unmarked graves were identified in the vicinity of the Lizzie Cheek headstone. During research, it was determined that a second grave marker for Elizabeth Cheek is located within the Maplewood Cemetery in Durham. Maplewood Cemetery was contacted to see if any records existed pertaining to graves being moved to the cemetery from other locations. On 3 November 2014, Cedar Glasgow, the Cemetery Administrator for the City of Durham, was able to confirm that Elizabeth "Lizzie" Cheek's remains had been moved to the cemetery (see copy of database entry below). Ms. Glasgow explained that when a grave is relocated to the cemetery, they will typically inter the original grave markers with the remains (to prevent confusion). She suggested that if Lizzie's original marker was particularly large (which it is), they may not have been able to re -bury it with her at Maplewood. 1/3 Lizz -vlina Lizzie Cheek's Grave Marker in the Briar Chapel Community 2/3 IiaM _a * 4--: Fllter r- r e 7" eros '--- PN �.. PN - Lest Nine .Fist - Midde. - NNW Suffix :. Date of Death r— � �--- ( — f — s:ffir� Update List Shaw At Names Erkdl ! _ _ � _ _ _ _. __: _------- -- • -- - - -- - - -- - - ----- Ful New - Address L he 1 Die of Deem i -- •- -_ .Tasks _ - ----' 5985 CHEEK, ELIZABETH OW3/1945 Etat Pars" Information 59a6 CHEEK, ELIZABETH I. 0810111940 5987.. ChEBt, ELIZABETH WAf JN - - It Add Cartrect ,,...Add Service x Service Number X04067 PIN F 5987 11 CFiEEtt, ELIZOM VARREB e Mkarna:lon propertyinformation Service Tgpe Code Bre IB=Iea steed space Contract # �— Dept # 01 Vbw Aas Scheduled Date J / Actual Service Date / ! Time of Service F c asks Service X04067 Number Place of Service-spac° A. £dt Service. Service Provider fo—0000 J coweLsion Perms �— ConrtterRs Group ID J lot 325 Sect 3 Annex 8. - Remark REMAINS MOVED FROM COUNTRY eadfoot: F' J I 4 Copy of Durham Cemetery Record for Elizabeth "Lizzie" Warren Cheek 3/3