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HomeMy WebLinkAbout20071334 Ver 2_Stormwater Info_20081219ColeJenest & Stone Charlotte Raleigh Wilmington 07-1339 ?2- Shapwq the Environment Realising the Possibilities Land Planning Landscape Architecture Civil Engineering Urban Design 200 South Tryon Street, Suite 1400 Charlotte, NC 28202 704 376 1555 1+ 704 376 7851 www.colejeneststone.com TRANSMITTAL Date: December 18, 2008 Reference: 3911 - Piedmont Town Center Stormwater Management Plan Attention: Ms. Annette Lucas Company: North Carolina Department of Environment and Tel: 919-715-3425 Natural Resources Division of Water Quality Mail Service Center 1650 Raleigh, North Carolina 27699-1650 We Are Transmitting: ® Herewith ? Under Separate Cover Copies Dated Description 3 12/18/08 UMUD Submittal Sets See Attached Sheet List 3 12/18/08 Calculations for: Wet Pond and Bypass Storm System 1 12/18/08 Required Items Checklist 1 12/18/08 Wet Detention Basin Operation and Maintenance Agreement 1 12/18/08 Deed Restrictions 1 12/18/08 Soils Report Transmitted ? Mail ® Overnight ? Courier ? Hand Delivery ? Pick-Up Via: ? For Approval ? For Your Use ? As Requested ® For Review Remarks: Attached is the initial Division of Water Quality submittal for the referenced project. Please call with any questions or if you need additional information. Thank you. D DEC 1 9 By. 2008 WETLANDS AND STORMW R BRANCH cc Chris J. Todd, El (? I sm* Mr. Timothy A. Dison - CR Mr. Dudley D. Stone, PE - CJS Ms. Susan G. Fryler, RLA - CJS Mrs. Allison W. Merriman, RLA, LEED AP - CJS Mr. Frank G. Miller, El - CJS Mr. David T. Baker, PE - CJS + M:` lo1c?, t Fikl'.3911t2008`SRANSUP.18t Luc?3s, A. DWQ 1st %hinittat 1cc Charlotte Raleigh Wilmington Cole Jen@St & Stone Land Planning Landscape Architecture Civil Engineering Urban Design 200 South Tryon Street, Suite 1400 Charlotte, North Carolina 28202 P+ 704 376 1555 f+ 704 376 7851 PTC Stormwater Management CJ S # 3911 CALCULATIONS FOR: STORMWATER DETENTION & WATER OVALITY STORM DRAINAGE ANALYSIS DEC 19 2008 DATE. 12.18.08 ?NR wmmauAUAN y LgNDS AND ST10iR0ATE1kBRANCH -REV' L M••w. ? ?^ SEAL _s ; c-1981 _ . c-1a3 ? Ty CARS' . . `???L11111Y 111j?' CAR ,, ,gip /` SEAL A-" O? •• ......•• .\" . Ey D . S 1111100% • Permit No. (to be provided by DWQ) OF W A TFR O ,"C NCDE.NR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT Site Characteristics Drainage area Impervious area, post-development fe % impervious 74.11 % Design rainfall depth in Storage Volume: Non-SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5" runoff volume Pre-development 1-yr, 24-hr runoff Post-development 1-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the pre/post control of the 1yr 24hr storm peak flow required? 1-yr, 24-hr rainfall depth Rational C, pre-development Rational C, post-development Rainfall intensity: l-yr, 24-hr storm Pre-development 1-yr, 24-hr peak flow Post-development 1-yr, 24-hr peak flow Pre/Post 1-yr, 24-hr peak flow control Elevations Temporary pool elevation Permanent pool elevation SHWT elevation (approx. at the perm. pool elevation) Top of 1 Oft vegetated shelf elevation Bottom of 1 Oft vegetated shelf elevation Sediment cleanout, top elevation (bottom of pond) Sediment cleanout, bottom elevation Sediment storage provided Is there additional volume stored above the state-required temp. pool? Elevation of the top of the additional volume ft3 OK ft3 OK, volume provided is equal to or in excess of volume required. ft3 ft3 ft3 0 ft3 ft3 Form SW401-Wet Detention Basin-Rev.5 Parts I. & II. Design Summary, Page 1 of 2 This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. Permit (to be provided by DWQ) Surface Areas Area, temporary pool fe Area REQUIRED, permanent pool 21,349 ft SAIDA ratio (unitless) Area PROVIDED, permanent pool, Apemiyod fe Area, bottom of 1 Oft vegetated shelf, Abot shelf ft` Area, sediment cleanout, top elevation (bottom of pond), Anet-Pond ft Volumes Volume, temporary pool ft3 Volume, permanent pool, Vpermyool ft3 Volume, forebay (sum of forebays if more than one forebay) ft3 Forebay % of permanent pool volume 20.5% % SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? Mountain/Piedmont SAIDA Table Used? SAIDA ratio Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) Volume, permanent pool, VP.M,=i Area provided, permanent pool, Apermyoo Average depth calculated Average depth used in SAIDA, d.„ (Round to nearest 0.511) Calculation option 2 used? (See Figure 10-2b) Area provided, permanent pool, Aperrn.yom Area, bottom of 1 Oft vegetated shelf, Abet shef Area, sediment cleanout, top elevation (bottom of pond), Abet_ond "Depth" (distance blw bottom of 1 Oft shelf and top of sediment) Average depth calculated Average depth used in SAIDA, d.„ (Round to nearest 0.5ft) Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (if-non-circular) Coefficient of discharge (CD) Driving head (He) Drawdown through weir? Weir type Coefficient of discharge (C",) Length of weir (L) Driving head (H) Pre-development 1-yr, 24-hr peak flow Post-development 1-yr, 24-hr peak flow Storage volume discharge rate (through discharge orifice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width ratio Trash rack for overflow & orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all runoff at ultimate build-out? Drain mechanism for maintenance or emergencies Form SW401-Wet Detention Basin-Rev.5 OK OK OK o? (Y or N) (Y or N) 2.82 (unitless) (Y or N) ft3 fe It ft (Y or N) if OK ft` OK OK It OK It OK It OK (Y or N) (unitless) (unitless) It It ft3/sec ft3/sec ft3/sec OK OK OK, draws down in 2-5 days. OK, drawdown time is correct. OK OK OK OK OK Trash rack or similar device recommended. OK OK OK OK Parts 1. & II. Design Summary, Page 2 of 2 Charlott NCDENR- WO Pond Analysis +ColeJenest TC Stormwater Management Raleigh P CJS PROJECT NO.: 3911 Wilmington DATE: 12.18.08 BY: DTB & Stone REVISED: RVW: DDS Land Planning + Landscape Architecture + Civil Engineering + Urban Design NCDENR BMP Design Manual, September 2007 SURFACE AREA REQUIREMENTS Total Drainage Area to Pond = 17.38 Acres Post-Developed Impervious Area = 12.88 Acres, or 74.1 % Average pool depth = 5.49 ft Designed permanent pool elevation = 639.5 From Table 10-3 in the BMP Design Manual. The required Surface Area to Drainage Area Ratio (SA/DA) for the average permanent pool depth shown above = 2.82 Surface Area Required = SA/DA / 100 x Drainage Area: 0.49 Acres 21,349 Sq. Ft. Surface Area Provided (at permanent pool): 22,793 Acres Refer to Storage - Elevation Data Chart WATER QUALITY VOLUME G1v Rv = runoff coefficient (Runoff/Rainfall) WQv = Water Quality Volume (1.5-inch water quality control) I = % Impervious ("Simple Method" - Schueler) Rv = 0.05 + 0.009(1) WQv = 1.5"RvA 12 Rv = 0.72 WQv = 1.56 Ac. Ft. 67850 Cubic Feet Required This volume must be released over a period of 2-5 days I ELEVATION TO HOLD WOv Refer to Storage - Elevation Data Chart WQv Elevation = 642 Page 1 of 2 RELEASE RATE Release Rate for W0 control: Water quality control volume is to be released over a 2 - 5 day duration. W0 Release Rate = 0.393 cfs ORIFICE SIZING FOR WATER QUALITY VOLUME' I Avg Head = (Mv Elev - Perm Pool Elev) / 2 = 1.25 ft Use orifice equation 0 = CA(2g ) "0,5 I A= 0/ )"0.5) A=I 10.503 in-2 A = (T*) /4 d = ((A*4)/1f)"0.5 d = 3.66 inches Page 2of2 Water Quali Pond Cha rlott gh palelington +ColeJenest PTC Stormwater na ement CJS PROJECT NO.: 3911 Wilm DATE: 12.18.08 BY: DTB & Stone REVISED: RVW: DDS Land Planning + landscape Architecture+ Civil Engineering + Urban Design BMP Basin Stora e - Elevation Data Elevation Areas Area ac Inc. Vol. (ac-ft) Total Accum. Vol. (ac-ft) Accum. Dot. Vol. ac-ft) Notes 632.00 8413 0.19 0.000 633.00 9747 0.22 0.208 0.208 634.00 11136 0.26 0.240 0.448 635.00 12580 0.29 0.272 0.720 636.00 14080 0.32 0.306 1.026 637.00 15637 0.36 0.341 1.367 638.00 17250 0.40 0.377 1.745 639.00 19234 0.44 0.419 2.164 639.50 22793 0.52 0.241 2.405 0.00 PPsa 640.00 26551 0.61 0.283 2.688 0.28 641.00 28347 0.65 0.630 3.318 0.91 642.00 30139 0.69 0.671 3.990 1.58 WQv 643.00 31927 0.73 0.712 4.702 2.30 644.00 33711 0.77 0.753 5.455 3.05 645.00 35485 0.81 0.794 6.250 3.84 646.00 37589 0.86 0.839 7.089 4.68 Required PPsa = 0.49 ac Design Permanent Pool Elevation = 639.50 WQv = 1.56 ac-ft Elevation to hold Water Quality Volume = 642 Page 1 of 1 TIME OF CONCENTRATION O Charlott e PTC Stormwater Management Raleigh CJS PROJECT NO.: 3911 .0,eJenest Wilmington DATE: 12.18.08 BY: DTB & Stone REVISED: RVW: DDS Land Planning + Landscape Architecture + Civil Engineering + Urban Design WET POND TIME OF CONCENTRATION PRE-DEVELOPMENT Pre-development Type: Sheet Flow Flow Phase One Length: 100 ft "N" Value: 0.011 from tables Slope: 0.02 ft/ft 11 Com uted 'T' 1.2 Minutes Pre-development Type: Shallow Concentrated Flow Flow Phase Two Surface: Length: 179 ft u=unpaved Slope: 0.018 ft/ft p= paved Velocity. 2.73 ft/sec Com uted 'T': 0.018 hr, or 1.08 Minutes Pre-development T e: Open Channel Flow Flow Phase Three I Length: 1717 ft lVelocity, 5 ft/sec assumed Com uted 'T': 0.095 hr, or 5.7 Minutes Pre-development Time of Concentration Total Flow Total Tc= 8.0 Minutes Summary La Time T LAC = 4.8 Minutes 11 T „ac =0.6 x T T L.AC = 0.08 Hours TIME OF CONCENTRATION O Charlotte PTC Stormwater Management Raleigh ColeJenest Wilmington CJS PROJECT NO.: 3911 DATE: 12.18.08 BY: DTB &Stone REVISED: RVW: DDS Land Planning + Landscape Architecture + Civil Engineering + Urban Design WET POND TIME OF CONCENTRATION POST-DEVELOPMENT Post-development Type. Sheet Flow Flow Phase One Length: 45 ft "N" Value: 0.24 from tables Slope: 0.12 ft/ft Com uted 'T' 3.7 Minutes Post-development Type: Shallow Concentrated Flow Flow Phase Two Surface: Length: 0 ft u=unpaved 7 Slope: 0 ft/ft p= paved Velocity 0 ft/sec Com uted 'T': 0 hr, or 0 Minutes Post-development T e: Open Channel Flow Flow Phase Three Len the 1816 ft Veloci : 5 ft/sec assumed Com uted 'T': 0.101 hr, or 6.1 Minutes Post-development Time of Concentration Total Flow Total T c = 9.8 Minutes Summary La Time T LAC = 5.9 Minutes T LAG =0.6 x T c T LAG = 0.10 Hours TIME OF CONCENTRATION Charlotte PTC Stormwater Management Raleigh CJS PROJECT NO.: 3911 +coleknest Wilmington DATE: 12.18.08 BY: DTB & Stone REVISED: RVW: DDS Land Planning + Landscape Architecture + Civil Engineering + Urban Design STREAM BYPASS TIME OF CONCENTRATION POST-DEVELOPMENT Post-development T e: Sheet Flow Flow Phase One Length: 0 It "N" Value: 0 from tables Slope: 0 ft/ft Com uted 'T' 0 Minutes Post-development Type: Shallow Concentrated Flow Flow Phase Two Surface: Length: 333 ft u=unpaved Slope: 0.02 ft/ft = aved Veloci : 2.87 ft/sec Com uted 'T': 0.032 hr, or 1.92 Minutes Post-development T e: Open Channel Flow Flow Phase Three Length: 2106 ft V5 ft/sec assumed Com uted 'T': 0.117 hr, or 7.0 Minutes Post-development Time of Concentration Total Flow Total Tc= 8.9 Minutes Summary La Time T LAC = 5.4 Minutes T LAG =0.6 x T T LAC = 0.09 Hours Type.... Master Network Summary Page 1.01 Name.... Watershed File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw MASTER DESIGN STORM SUMMARY Network Storm Collection: 24-Hr 1, 2, 10, Total Depth Return Event in 1 2.5800 2 3.1200 10 4.8000 25 5.7600 50 6.4800 100 6.9600 Rainfall Type ---------------- Synthetic Curve Synthetic Curve Synthetic Curve Synthetic Curve Synthetic Curve Synthetic Curve RNF ID TypeII 24hr TypeII 24hr TypeII 24hr TypeII 24hr TypeII 24hr TypeII 24hr MASTER NETWORK SUMMARY SCS Unit Hydrograph Method (*Node=Outfall; +Node=Diversion;) (Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt) Max Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage Node ID Type Event ac-ft Trun min cfs ft ac-ft ------ POST --------- BYPASS -- ---- AREA ------ 1 ---------- -- 1.333 --------- 720.00 -------- -------- ------------ 22.04 POST BYPASS AREA 2 1.770 720.00 28.97 POST BYPASS AREA 10 3.199 720.00 50.78 POST BYPASS AREA 25 4.041 720.00 63.22 POST BYPASS AREA 50 4.679 720.00 72.51 POST BYPASS AREA 100 5.107 720.00 78.69 *POST OUT JCT 1 4.013 720.00 22.44 *POST OUT JCT 2 5.194 720.00 29.43 *POST OUT JCT 10 8.986 720.00 61.21 *POST OUT JCT 25 11.194 720.00 94.58 *POST OUT JCT 50 12.862 720.00 118.84 *POST OUT JCT 100 13.977 720.00 126.74 SIN: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:52 PM 12/18/2008 Type.... Master Network Summary Page 1.02 Name.... Watershed File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw MASTER NETWORK SUMMARY SCS Unit Hydrograph Method (*Node=Outfall; +Node=Diversion;) (Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt) Return HYG Vol Node ----- ID ---- - Type - Event ac-ft Trun POST TO ----- POND - ---- AREA ------ 1 ---------- 2.684 POST TO POND AREA 2 3.429 POST TO POND AREA 10 5.792 POST TO POND AREA 25 7.158 POST TO POND AREA 50 8.187 POST TO POND AREA 100 8.875 PRE AREA PRE AREA PRE AREA PRE AREA PRE AREA PRE AREA 1 2 10 25 50 100 2.167 2.971 5.679 7.306 8.548 9.384 *PRE OUT JCT *PRE OUT JCT *PRE OUT JCT *PRE OUT JCT *PRE OUT JCT *PRE OUT JCT WET DETENTIONIN POND WET DETENTIONIN POND WET DETENTIONIN POND WET DETENTIONIN POND WET DETENTIONIN POND WET DETENTIONIN POND WET DETENTIONOUT POND WET DETENTIONOUT POND WET DETENTIONOUT POND= WET DETENTIONOUT POND WET DETENTIONOUT POND WET DETENTIONOUT POND 1 2 10 25 50 100 1 2 10 25 50 100 1 2 10 25 50 100 2.167 2.971 5.679 7.306 8.548 9.384 2.684 3.429 5.792 7.158 8.187 8.875 2.680 3.424 5.787 7.154 8.183 8.870 Max Qpeak Qpeak Max WSEL Pond Storage min cfs ft ac-ft --------- 720.00 -------- 42.49 -------- ------------ 720.00 53.52 720.00 87.48 720.00 106.67 720.00 121.00 720.00 130.52 720.00 36.44 720.00 49.65 720.00 92.42 720.00 117.19 720.00 135.78 720.00 148.16 720.00 36.44 720.00 49.65 720.00 92.42 720.00 117.19 720.00 135.78 720.00 148.16 720.00 42.49 720.00 53.52 720.00 87.48 720.00 106.67 720.00 121.00 720.00 130.52 825.00 1.80 642.29 1.786 755.00 4.76 642.67 2.055 730.00 32.06 643.94 2.999 730.00 47.24 644.49 3.426 730.00 49.52 645.01 3.840 730.00 50.69 645.36 4.125 SIN: AAYXYWJ5P269 PondPack (10.00.016.00) 12:52 PM ColeJenest & Stone 12/18/2008 Type.... Tc Calcs Name.... POST BYPASS Page 1.01 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw ........................ TIME OF CONCENTRATION CALCULATOR ........................................................................ ........................................................................ Segment #1: Tc: TR-55 Shallow Hydraulic Length 333.00 ft Slope .020000 ft/ft Paved Avg.Velocity 2.87 ft/sec Segment #1 Time: 1.93 min ------------------------------------------------------------------------ Segment #2: Tc: User Defined Segment #2 Time: 7.00 min ------------------------------------------------------------------------ ------------------------- ------------------------- Total Tc: 8.93 min ------------------------- ------------------------- S/N: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:34 PM 12/18/2008 Type.... Tc Calcs Name.... POST BYPASS Page 1.02 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw ------------------------------------------------------------------------ Tc Equations used... ------------------------------------------------------------------------ User Defined Tc = Value entered by user Where: Tc = Time of concentration ==== SCS TR-55 Shallow Concentrated Flow Unpaved surface: V = 16.1345 * (Sf**0.5) Paved surface: V = 20.3282 * (Sf**0.5) Tc = (Lf / V) / (3600sec/hr) Where: V = Velocity, ft/sec Sf = Slope, ft/ft Tc = Time of concentration, hrs Lf = Flow length, ft SIN: AAYXYWJ5P269 PondPack (10.00.016.00) 12:34 PM ColeJenest & Stone 12/18/2008 Type.... Tc Calcs Name.... POST TO POND Page 1.01 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw ........................................................................ ........................................................................ TIME OF CONCENTRATION CALCULATOR ........................................................................ ........................................................................ Segment #1: Tc: TR-55 Sheet Mannings n Hydraulic Length 2yr, 24hr P Slope Avg.Velocity 20 ft/sec Segment #1 Time: 3.73 min ------------------------------------------------------------------------ Segment #2: Tc: User Defined Segment #2 Time: 6.10 min ------------------------------------------------------------------------ ------------------------- ------------------------- Total Tc: 9.83 min ------------------------- ------------------------- .2400 45.00 ft 3.1200 in 120000 ft/ft SIN: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:35 PM 12/18/2008 Type.... Tc Calcs Name.... POST TO POND Page 1.02 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw ------------------------------------------------------------------------ Tc Equations used... ------------------------------------------------------------------------ ___= User Defined Tc = Value entered by user Where: Tc = Time of concentration ___= SCS TR-55 Sheet Flow Tc = (.007 * ((n * L.f)**0.8)) / ((P**.5) * (Sf**.4)) Where: Tc = Time of concentration, hrs n = Mannings n Lf = Flow length, ft P = 2yr, 24hr Rain depth, inches Sf = Slope, % SIN: AAYXYWJ5P269 PondPack (10.00.016.00) 12:35 PM ColeJenest & Stone 12/18/2008 Type.... Tc Calcs Name.... PRE Page 1.01 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw ........................................................................ ........................................................................ TIME OF CONCENTRATION CALCULATOR ........................................................................ ........................................................................ Segment #1: Tc: TR-55 Sheet Mannings n .0110 Hydraulic Length 100.00 ft 2yr, 24hr P 3.1200 in Slope .020000 ft/ft Avg.Velocity 1.36 ft/sec Segment #1 Time: 1.23 min ------------------------------------------------------------------------ Segment #2: Tc: TR-55 Shallow Hydraulic Length 179.00 ft Slope .018000 ft/ft Paved Avg.Velocity 2.73 ft/sec Segment #2 Time: 1.09 min ------------------------------------------------------------------------ Segment #3: Tc: User Defined Segment #3 Time: 5.70 min ------------------------------------------------------------------------ ------------------------- ------------------------- Total Tc: 8.02 min SIN: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:35 PM 12/18/2008 Type.... Tc Calcs Name.... PRE Page 1.02 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw ------------------------------------------------------------------------ Tc Equations used... ------------------------------------------------------------------------ ___= User Defined Tc = Value entered by user Where: Tc = Time of concentration ___= SCS TR-55 Sheet Flow Tc = (.007 * ((n * Lf)**0.8)) / ((P**.5) * (Sf**.4)) Where: Tc = Time of concentration, hrs n = Mannings n Lf = Flow length, ft P = 2yr, 24hr Rain depth, inches Sf = Slope, % ___= SCS TR-55 Shallow Concentrated Flow Unpaved surface: V = 16.1345 * (Sf**0.5) Paved surface: V = 20.3282 * (Sf**0.5) Tc = (Lf / V) / (3600sec/hr) Where: V = Velocity, ft/sec Sf = Slope, ft/ft Tc = Time of concentration, hrs Lf = Flow length, ft S/N: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:35 PM 12/18/2008 Type.... Runoff CN-Area Name.... POST BYPASS Page 1.01 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw RUNOFF CURVE NUMBER DATA .......................................................................... .......................................................................... Impervious Area Adjustment Adjusted Soil/Surface Description - CN acres %C %UC CN ------- -------------------- Residential Districts - 1/2 ---- - acre --- 70 --------- 1.350 ----- ----- ------ 70.00 Residential Districts - 1/2 acre 80 .300 80.00 Urban Districts - Commercial & Busi 92 3.520 92.00 Urban Districts - Commercial & Busi 94 .500 94.00 Urban Districts - Commercial & Busi 95 1.450 95.00 Impervious Areas - Paved par king to 98 2.490 98.00 Woods - good 70 1.430 70.00 COMPOSITE AREA & WEIGHTED CN ............................ ............................ ---> ........ ........ .... .... 11.040 .......... .......... ............ ............ 87.97 (88) ............. ............. SIN: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:36 PM 12/18/2008 Type.... Runoff CN-Area Name.... POST TO POND Page 1.01 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw RUNOFF CURVE NUMBER DATA .......................................................................... .......................................................................... Impervious Area Adjustment Adjusted Soil/Surface Description - - CN acres %C %UC CN -------------- ------ ------ Residential Districts - 1/2 ---- - acre --- 70 --------- .710 ----- ----- ------ 70.00 Residential Districts - 1/2 acre 80 .310 80.00 Woods - good 70 .390 70.00 Urban Districts - Commercial & Busi 94 1.350 94.00 Urban Districts - Commercial & Busi 95 14.620 95.00 COMPOSITE AREA & WEIGHTED CN ............................ ............................ ---> ........ ........ .... .... 17.380 .......... .......... ............ ............ 93.07 (93) ............. ............. SIN: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:36 PM 12/18/2008 Type.... Runoff CN-Area Name.... PRE Page 1.01 File.... P:\SDSKPROJ\3911\Engineering\PondPack\3911-Wet Pond Design.ppw RUNOFF CURVE NUMBER DATA Impervious Area Adjustment Adjusted Soil/Surface Description CN acres - %C %UC CN ------ -------------------------------- Impervious Areas - Paved parking to ---- 98 --- ----- 1.610 ----- ----- 98.00 Open space (Lawns,parks etc.) - Fai 79 .400 79.00 Open space (Lawns,parks etc.) - Fai 84 9.050 84.00 Woods - good 70 2.650 70.00 Residential Districts - 1/2 acre 70 2.100 70.00 Residential Districts - 1/2 acre 80 .610 80.00 Urban Districts - Commercial & Busi 92 3.610 92.00 Urban Districts - Commercial & Busi 94 .510 94.00 Urban Districts - Commercial & Busi 95 1.550 95.00 COMPOSITE AREA & WEIGHTED CN ---> 22.090 84.12 (84) S/N: AAYXYWJ5P269 ColeJenest & Stone PondPack (10.00.016.00) 12:36 PM 12/18/2008 M? 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CDm 2222232 E ro a) a) -0 az° Q Q Q Q Q Q Q Q 2 CA 2 2 2 2 2 2 m m C Coro . rn o ro 0 N a L O N cD C to > c0 W Q N E O a? O LO 0 n Cl) N Q m D Qf n 0 0 F- U 0 C d 3 U C vi E a? ? c a? m E N E 0 in rn M V U ro E ?o ._c a 0- ? c 0c E 0 - T '_ ;: OD aQ , o OD ? ! N P ar mvgo? DEC 1 9 2008 ?,ANDSNAW STORMWATER BRAAW _._.. -r FILE COP FOR Jnj aiS (F?ATI{?N DOC. # 1' 3" CJ S TIME t % 3 ( PVC 10159 6 PAGE t REC FEE 13' . srTb'r A. G18SON, REGISTER OF DEEDS mank)_%WRURG COUNTY. NC RELOADING COPY MASTER DECLARATION OF EASEMENTS AND RESTRICTIONS FOR PIEDMONT TOWN CENTER THIS MASTER DECLARATION OF EASEMENTS AND RESTRICTIONS FOR PIEDMONT TOWN CENTER (this "Declaration"), dated 2005, is made by CRESCENT RESOURCES, LLC, a Georgia limited liability company ("Declarant'). RECITALS A. Declarant is the owner of four (4) parcels of real property containing an aggregate of approximately 10.56 acres, located on the north side of Fairview Road, in the City of Charlotte, Mecklenburg County, North Carolina (collectively, the "Phase I Property"). The Phase I Property is more particularly shown as Lots 1 through 4 on that plat entitled "Revised Final Plat of Piedmont Town Center, Phase I - Lots 1-4," prepared by ESP Associates, P.A., dated October 14, 2005 and recorded in Map Book 44 at Page 580 in the Mecklenburg County Public Registry (the "Phase I Plat"). B. Pursuant to the Phase I Plat, the Phase I Property has been subdivided into four parcels, and portions of the Phase I Property have been dedicated for public use. Each legally subdivided portion of the Phase I Property is referred to in this Declaration as a "Parcel." C. Declarant will convey Lot 1, as shown on the Phase I Plat, to Piedmont Town Center One, LLC, a North Carolina limited liability company ("PTC One"), and will convey Lot 2, as shown on the Phase I Plat, to Piedmont Town Center Two, LLC, a North Carolina limited liability company ("PTC Two'). PTC One and PTC Two each is developing a similar eight-story office building (collectively, the "Office Buildings") on Lot 1 and Lot 2, respectively. Lot 1 and Lot 2 are sometimes collectively referred to in this Declaration as the "Office Parcels." D. Declarant will convey Lot 3 and Lot 4, as shown on the Phase I Plat, to Piedmont Row Development, LLC, a Delaware limited liability company ("Piedmont Row"). Piedmont Row is developing two similar seven-story mixed use buildings (the "Mixed-Use Buildings"), Drawn By and Return To: Robinson, Bradshaw & Hinson, P.A. Attention: Brent A.. Torstrick 101 N. Tryon Street, Suite 1900 Charlotte, NC 28246 and two adjacent structured parking facilities (the "Parking Decks") on Lot 3 and Lot 4. Lot 3 and Lot 4 are sometimes collectively referred to in this Declaration as the "Mixed-Use Parcels." E. Piedmont Row, PTC One and PTC Two are developing the Phase I Property as a mixed-use commercial development, to be known as Piedmont Town Center, in substantial accordance with the site plan attached hereto as Exhibit A (the "Site Plan"). In connection with that proposed development, Declarant desires that the various Parcels comprising the Phase I Property be developed in conjunction with one another as an integrated commercial development in accordance with the Site Plan, the approved conditional zoning plan for the Phase I Property, and the various governmental approvals obtained (or to be obtained) for the project by Declarant or its successors. In addition, Declarant desires to create non-exclusive reciprocal easements over the exterior portions of the Property that are designed for the common use of all owners, to impose certain use restrictions and maintenance standards on each Parcel, and to provide a mechanism for the sharing of the cost of maintaining certain common improvements within the Property that are located outside of the Office Buildings, the Mixed-Use Buildings and the Parking Decks. F. PTC One and PTC Two are contributing to the cost of constructing the Parking Decks. Following the completion of the Mixed-Use Buildings and the Parking Decks, Piedmont Row will subject the Mixed-Use Parcels (including the improvements on the Mixed-Use Parcels) to the condominium form of ownership, by executing and recording a Declaration of Condominium for Piedmont Row Master Condominium (the "Master Condominium Declaration"). There will be two condominium units representing the Parking Decks (one for each Parking Deck), which will be conveyed to PTC One and PTC Two, respectively, subject to certain easements in favor of the owners and occupants of the Mixed-Use Buildings for the use of designated parking spaces in the Parking Decks, which easements are to be established by the Master Condominium Declaration. In addition, pursuant to the Master Condominium Declaration, a condominium owner's association (the "Master Association") will be formed, and the Master Association will assume responsibility for the operation, maintenance and repair of the Parking Decks and the other common amenities within the Mixed-Use Buildings. G. Declarant also is the owner of another parcel of real property, located adjacent to the western boundary of the Phase I Property, containing approximately 7.75 acres, and more particularly described on Exhibit B attached hereto and made a part hereof (the "Phase II Property"). Declarant's plans for the development of the Phase II Property are incomplete at this time, and the Phase H Property may or may not be developed as an expansion of the project on the Phase I Property. However, until the Phase II Property is subjected to this Declaration in its entirety, the Phase II Property is burdened by certain of the easements created in this Declaration, and certain of the use restrictions set forth in this Declaration, to the extent and in the manner provided below. H. In order to accomplish the foregoing, Declarant is executing and recording this Declaration. NOW, THEREFORE, Declarant, by this Declaration, hereby declares that the Phase I Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration, all of which 2 shall run with the Phase I Property (as defined below) and be binding on any Person (as defined below) owning any right, title or interest in any Parcel, and its heirs, successors and assigns, and all of which shall inure to the benefit of each Owner (as defined below) of any Parcel, and its heirs, successors, designees and assigns. In addition, Declarant hereby declares that the Phase II Property is and shall be held, transferred, sold, conveyed and occupied subject to the easements set forth in Article III, Section 1 of this Declaration, and the restrictions set forth in Article VII, Section 3 of this Declaration, and Declarant reserves the right to subject the Phase If Property to all of the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration, in the manner set forth below. ARTICLE I DEFINITIONS In addition to the terms defined in the Recitals or elsewhere in this Declaration, the following terms shall have the following meanings when capitalized and used in this Declaration: Section 1. "Board" shall mean the Board of Directors of the Master Association. Section 2. "Buildings" shall mean the Office Buildings, the Mixed-Use Buildings, the Parking Decks and any other buildings that may exist from time to time on the Property. Section 3. "Building Areas" shall mean all areas on the Property outside of the Roadway Easement Areas, the Drainage Easement Areas, any setback areas shown on any Plat or imposed by the Zoning Ordinance of the City of Charlotte, and any other "no-build" areas identified on the Site Plan. Section 4. "Commercial Association" shall mean, if applicable, a property owners' association comprised of two or more Owners of the Commercial Units. Section 5. "Commercial Units" shall mean the two commercial condominium units to be created by the Master Condominium Declaration, consisting of most of the first two levels of each Mixed-Use Building, and any units into which those two units may be subdivided in accordance with the terms of the Master Condominium Declaration. Section 6. "Common Areas Costs" shall mean the costs of operating, maintaining and insuring the Designated Maintenance Items, as more particularly described in Article V, Section 2, pursuant to and in accordance with this Declaration. Section 7. "Common Areas" shall mean all facilities and Improvements located on the Property (including those within adjacent Right-of-Way Areas), but outside of the Buildings, that are designed, constructed and intended for the general use, in common, of the Occupants of the Property. The term "Common Areas" shall include, but shall not be limited to, internal private roadways, the traffic circle, surface parking areas, sidewalks, walkways, entrances and exits, traffic control devices, retaining walls, streetscape improvements, the Project Signs, plants (including trees, shrubs, flowers, ground cover and grass) and landscaped areas, benches, 3 shelters, signs, banners, flags, lighting facilities (including light poles, fixtures, gas lighting, bulbs, tubes, ballasts, wiring and all equipment related thereto), common private utility lines (including sewer, water, electric, gas and telecommunication lines), common storm drainage facilities, fountains and related plumbing, and sprinkler and irrigation systems. The term "Common Areas" also shall include all the real property and Improvements located within the Roadway Easement Areas, the Drainage Easement Areas and the Phase II Easement Areas, including the Storm Water Detention Facilities. The term "Common Areas" shall not include signs, banners, furniture or other property of individual tenants or occupants of the Project, even if located within the Roadway Easement Areas. The determination of whether a particular facility or improvement (outside of the Roadway Easement Areas, the Drainage Easement Areas and the Phase II Easement Areas) shall be treated as part of the Common Areas shall be made from time to time by the Master Association. Section 8. "Declarant" shall mean Crescent Resources, LLC, a limited liability company organized and existing under the laws of the State of Georgia, or any successor entity; provided, however, that Declarant may transfer any rights created or reserved under this Declaration to any person or entity acquiring fee simple title to all or part of the Phase II Property, by an instrument evidencing the transfer duly recorded in the Office of the Register of Deeds for Mecklenburg County. Section 9. "Designated Maintenance Items" shall mean the following portions of the Common Areas, the cost of operating, maintaining and insuring which shall be shared by the Owners in the manner provided in Article IV, Section 3: (a) all Improvements located within the Roadway Easement Areas (including paved roadways, surface parking areas, sidewalks and walkways, pavement striping, curbs, gutters, curb cuts, entrances, exits, medians, traffic control devices, signs (including the Project Sign), light poles and gas lights, banners, flags, landscaping, irrigation systems, and fountains); (b) all landscaping and similar streetscape improvements located within the Right-of-Way Areas around the perimeter of the Property, or located within the portions of the Property identified on the Site Plan as "Common Landscaping Areas;" (c) the Storm Water Detention Facilities; and (d) all common utility lines serving more than one Parcel that are not operated and maintained by a municipality or public utility company. Section 10. "Drainage Easement Areas" shall mean those portions of the Phase I Property that are identified as "Drainage and Utility Easement" on the Phase I Plat, on or within which will be constructed underground storm drainage lines and related facilities, including, but not limited to, the Storm Water Detention Facilities. In addition, Declarant shall have the unilateral right, from time to time, to designate portions of the Phase II Property (excluding portions of the Phase II Property that already have been conveyed or leased by Declarant to third parties, in which event the written consent of the affected Owner or ground lessee shall be required) as Drainage Easement Areas by recording a Plat or a Supplemental .Declaration, as provided in Article II, Section 3, so long as the additional Drainage Easement Areas are reasonably consistent with the Drainage Easement Areas on the Phase I Property. Section 11. "Improvements" shall mean all improvements located on the Property other than the Buildings, including, but not limited to, utility and irrigation facilities, ponds and fountains, slope alterations, roads, driveways, surface parking areas, sidewalks, boardwalks, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, plants, trees, 4 shrubs, poles, signs, loading areas and all other site work improvements or landscaping improvements of every type and kind located on the Property. Section 12. "Management Firm" shall mean the property management firm engaged by the Master Association in accordance with Article IV, Section 4. Section 13. "Master Condominium" shall mean Piedmont Row Master Condominium, as established by the submission of the Mixed-Use Parcels (and the improvements thereon) to the terms of the North Carolina Condominium Act by the Master Condominium Declaration. Section 14. "Mortgage" shall mean a mortgage or deed of trust constituting a first lien on a Parcel. Section 15. "Mortgagee" shall mean an owner or holder of a Mortgage that has notified the Master Association in writing of its name and address, and that it holds a Mortgage on a Parcel. Section 16. "Occupant" shall mean any person or persons in possession of a Parcel, including Owners, lessees and sublessees from Owners, and their employees, guests, invitees and contractors. Section 17. "Owner" shall mean any record owner of fee simple title to any Parcel, excluding any Mortgagee (in which event the grantor shall remain the Owner). Notwithstanding the foregoing, (a) if a Parcel is owned by more than one person or entity as tenants in common, those parties shall designate one person or entity to act as "Owner" of that Parcel for purposes of this Declaration; absent such a designation, the owner of the largest undivided interest shall be deemed the "Owner" of that Parcel; (b) for so long as the Master Condominium is in existence, the Residential Association and the Commercial Association (or, of there is no Commercial Association, the owners of fee simple title to the Commercial Units) shall jointly be deemed the "Owners" of the Mixed-Use Parcels, but each shall be responsible only for the Proportionate Share of Common Areas Costs allocated to the Residential Units and the Commercial Units, respectively; and (c) in a deed of conveyance executed in connection with a sale/leaseback transaction, the grantor/lessee may specify that it remains an "Owner" for purposes of this Declaration, and that designation shall be binding upon all other Owners so long as such grantor/lessee, or its successor or assignee, retains a leasehold interest in its Parcel. Section 18. "Parldng Units" shall mean the two parking units to be created by the Master Condominium Declaration, consisting of the Parking Decks, which shall be owned by the Owners of the Office Parcels. Section 19. "Parcel" shall mean any portion of the Property which has been properly subdivided for any purpose, including conveyancing or ground leasing, or for real property tax purposes. As of the date of recording of this Declaration, the Parcels are as shown on the Phase I Plat, but the term "Parcel" shall, in the future, also refer to any smaller Parcels into which the Parcels shown on the Phase I Plat may be legally subdivided, or any Parcels into which one or more Parcels may be recombined. 5 Section 20. "Person" shall mean any natural person, corporation, partnership, trust or other legal or commercial entity, or any combination thereof. Section 21. "Phase II Easement Areas" shall mean those portions of the Phase II Property that are identified as "Detention Easement" and "Temporary Access Easement" on the Phase I Plat, which are subject to the easements set forth in Article III, Section 1. The Owner of the Phase II Property shall have the right to relocate the Phase II Easement Areas in the manner provided in Article III, Section 1. Section 22. "Plat" shall mean any recorded subdivision plat of the Property, including without limitation the Phase I Plat. Section 23. "Project" shall mean the mixed-use residential and commercial project located on the Property, which initially shall be known as Piedmont Town Center. Section 24. "Project Signs" shall mean the free-standing monument signs or similar entry features identifying the Project as a whole (as opposed to any signs identifying a single Building or tenant), and associated improvements such as utility connections, lighting fixtures and landscaping. Section 25. "Property" shall mean the Phase I Property, and any portion of the Phase II Property which is subjected to this Declaration under the provisions of Article II. Section 26. "Proportionate Share" shall mean the percentage share of general common expenses that are allocated to each unit within the Master Condominium under the terms of the Master Condominium Declaration, which also shall be used to calculate each unit's share of the Common Areas Costs under this Declaration; provided, however, that before the formation of the Master Condominium, and after the termination of the Master Condominium, the Proportionate Share for each Parcel shall be the following percentages: (a) 27.37% as to Lot 1, (b) 26.01% as to Lot 2, (c) 23.31% as to Lot 3 and (d) 23.31% as to Lot 4. If Declarant exercises its right to subject all or any part of the Phase II Property to the operation of this Declaration, the Supplemental Declaration required by Article II, Section 3 shall specify the amount payable by the Parcel so subjected as its share of the Common Areas Costs under this Declaration (or a formula for calculating such amount), and in that event all amounts received from the Owner(s) of Parcels within the Phase II Property shall be deducted from the Common Areas Costs before they are allocated among the Owners of Parcels within the Phase I Property as provided above. Section 27. "Residential Association" shall mean the property owners' association comprised of the Owners of the Residential Units. Section 28. "Residential Units" shall mean the two master residential condominium units to be created by the Master Condominium Declaration, consisting of the third through the seventh levels of each Mixed-Use Building, and any units into which those two units may be subdivided in accordance with the terms of the Master Condominium Declaration. Section 29. "Right-of-Way Areas" shall mean those portions of the public rights-of- way of Fairview Road, Assembly Street and Carnegie Boulevard that are immediately adjacent 6 to the Property, which have been dedicated by Declarant or by others for public use, and on which may be. constructed paved roadways, entrances and exits, landscaping, and related streetscape improvements. Section 30. "Roadway Easement Areas" shall mean those portions of the Property more particularly identified as "Ingress/Egress Easement" or "Piedmont Place Way (Private Drive)" on the Phase I Plat, which will be subject to the easements created by Article III of this Declaration and on which will be constructed paved roadways, entrances and exits, medians, sidewalks and related improvements. In addition, Declarant shall have the unilateral right, from time to time, to designate portions of the Phase II Property (excluding portions of the Phase II Property that already have been conveyed or leased by Declarant to third parties, in which event the written consent of the affected Owner or ground lessee shall be required) as Roadway Easement Areas by recording a Plat or by recording a Supplemental Declaration, as provided in Article II, Section 3, so long as the additional Roadway Easement Areas are reasonably consistent with the Roadway Easement Areas on the Phase I Property. Section 31. "Site Plan" shall mean the site plan of the Property attached hereto as Exhibit A. Section 32. "Storm Water Detention Facilities" shall mean the storm water detention facilities serving the Buildings and Improvements on the Property, including without limitation a storm water detention pond and related facilities (including an access road) to be constructed within the Phase II Easement Areas. Section 33. "Supplemental Declaration" shall mean an amendment or supplement to this Declaration that subjects additional property to this Declaration and/or imposes, expressly or by reference, additional easements, restrictions and obligations on the real property described therein. Section 34. "Unit" shall mean any condominium unit created by the Master Condominium Declaration, including, without limitation, each Commercial Unit, each Parking Unit and each Residential Unit. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. Pro e . The Property shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens created by this Declaration. Except as expressly provided with respect to the Phase II Property under Article III, Section 1, and under Article VII, Section 3, this Declaration shall not encumber any other real property owned by Declarant, or by affiliates of Declarant, outside the boundaries of the Property. Section 2. Bindin Effect. The terms and conditions of this Declaration: (a) shall run with title to each Parcel, (b) shall be binding on any Person owning any right, title or interest in 7 any Parcel, and its heirs, successors and assigns, and (c) shall inure to the benefit of each Owner of any Parcel, and its heirs, successors, designees and assigns. Section 3. Supplemental Declarations. Declarant shall have the unilateral right, from time to time, to subject to the provisions of this Declaration all or any portion of the Phase II Property, so long as the property being annexed is contiguous to the Phase I Property, or to other portions of the Phase II Property that previously have been annexed. Declarant shall give written notice to all other Owners at least ten (10) days prior to such annexation, which notice shall be accompanied by a copy of the proposed Supplemental Declaration referenced below. Each such annexation shall be accomplished by filing in the Office of the Register of Deeds for Mecklenburg County a Supplemental Declaration describing the portion of the Phase II Property being annexed, and shall be effective upon recording. The Supplemental Declaration may contain such complementary additions, deletions, and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary, in the judgment of Declarant, to reflect the different character of the additional property; provided, however, that no such Supplemental Declaration shall: (a) modify the method of calculating assessments under Article IV of this Declaration, or - (b) result in an increase of more than ten percent (10%) in the anticipated amount of annual assessments to be paid by any Owner under Article IV, Section 3, in either event without the prior written consent of all other Owners. In addition, Declarant shall have the unilateral right, from time to time, to execute and record Supplemental Declarations in order to designate portions of the Phase II Property owned by it as additional Drainage Easement Areas or Roadway Easement Areas, so long as the additional easement areas are reasonably consistent with the Drainage Easement Areas or Roadway Easement Areas on the Phase I Property. Except as specifically provided in this Article 11, Section 3, any Supplemental Declaration shall not require the consent of any party other than Declarant. ARTICLE III EASEMENTS AND COMMON AREAS Section 1. Easements Over Phase II Property. Subject to the terms of this Declaration, each Owner shall have the following easements over the Phase II Property, which shall be appurtenant to and run with title to its Parcel: (a) A temporary construction easement over the Phase II Property to construct the Storm Water Detention Facilities within the portion of the Phase II Easement Areas identified as "Detention Easement" on the Phase I Plat (the "Phase II Detention Area"). (b) A temporary construction easement over the Phase II Property to construct an access road within the portion of the Phase II Easement Areas identified as "Temporary Access Easement" on the Phase I Plat (the "Phase II Access Area"). (c) A perpetual non-exclusive easement over the Phase II Detention Area to drain surface water from its Parcel into the storm water detention pond and related drainage facilities (including, but not limited to, the Storm Water Detention Facilities) within the Phase II Detention Area. 8 (d) A perpetual non-exclusive easement over the Phase II Access Area to use the roadways and related Improvements within the Phase II Access Area for the purpose of providing access to the Storm Water Detention Facilities. (e) Subject to the terms of Article V, Section 1, a perpetual non-exclusive easement to maintain, repair and replace all of the drainage facilities and other Improvements located within the Phase II Detention Area (including, but not limited to, the Storm Water Detention Facilities), and all roadways and related Improvements within the Phase II Access Area, together with a perpetual non-exclusive right of access over the remainder of the Phase II Property as may be reasonably necessary to exercise the easement rights set forth above. The Owner of the Phase II Property shall have the right to relocate the Phase II Easement Areas, at its sole cost and expense, provided that each of the following conditions is satisfied: (w) the Owner of the Phase II Property shall notify each other Owner in writing of its intent to relocate the Storm Water Detention Facilities; (x) the Owner of the Phase II Property shall construct at its expense new Storm Water Detention Facilities in the new location, including but not limited to any necessary extensions of underground storm drainage lines, of at least equal quality and capacity to the drainage lines and Storm Water Detention Facilities existing at the time of such relocation, (y) the Owner of the Phase II Property shall construct at its expense a new access road providing vehicular access from the Phase I Property to the relocated Storm Water Detention Facilities, and (z) the Owner of the Phase II Property shall grant to the other Owners an easement over the new location of the Storm Water Detention Facilities, containing the same terms and conditions as those contained in this Declaration, at which time the other Owners will release the existing easement over the Phase II Easement Areas, it being agreed that such grant and release may be accomplished by an amendment. Any such relocation work undertaken by the Owner of the Phase II Property shall be performed in a manner that does not interfere with storm water drainage and retention from the Phase I Property during the period of construction. Section 2. Drainage and Roadway Easements. Subject to the terms of this Declaration, each Owner shall have the following easements, which shall be appurtenant to and run with title to its Parcel: (a) A perpetual non-exclusive easement over the Drainage Easement Areas to drain surface water from its Parcel through the underground storm water pipes located within the Drainage Easement Areas. (b) A perpetual non-exclusive easement over the Roadway Easement Areas to use all of the roadways, sidewalks, and related Improvements within the Roadway Easement Areas for the purpose of providing pedestrian and vehicular access between each Parcel, each Building and the Right-of-Way Areas surrounding the Property, (c) Subject to the terms of Article V, Section 1, a perpetual non-exclusive easement to maintain, repair and replace all of the drainage facilities and other Improvements located within the Drainage Easement Areas, and all roadways, sidewalks and related Improvements within the Roadway Easement Areas, together with a perpetual 9 non-exclusive right of access to the Drainage Easement Areas and the Roadway Easement Areas as may be reasonably necessary to exercise the easement rights set forth above. Section 3. Other Cross Easements. Subject to the terms of this Declaration, each Owner shall have: (a) A perpetual non-exclusive easement to use all of the roadways, entrances and exits, drive aisles, sidewalks and similar Improvements designed for common use located within the Property, but outside of the Roadway Easement Areas, for pedestrian and vehicular access between each Parcel, each Building and the Right-of-Way Areas surrounding the Property, and other purposes for which those common Improvements are designed, without payment of any fee therefor, subject to the right of each Owner to relocate the Common Areas on its Parcel from time to time in accordance with the provisions of Article VIII, Section 3. (b) A perpetual non-exclusive easement to use all of the paved surface parking areas located within the Property, outside of the Parking Decks, for the purpose of parking of motor vehicles, without payment of any fee or therefor, subject to the right of each Owner to relocate the Common Areas on its Parcel from time to time in accordance with the provisions of Article VIII, Section 3, and subject further to the right of each Owner to reserve such exterior parking spaces on its Parcel for the exclusive use (at all times, or during certain times) of certain tenants and occupants of the Project. No barriers, fences or other obstructions shall be erected within the Property so as to interfere with the free flow of pedestrian and vehicular traffic between those portions of the Property from time to time devoted to vehicular roadways, pedestrian sidewalks or paved surface parking areas; provided, however, that the foregoing provisions (and the provisions of Article III, Section 2(b) above) shall not prohibit the reasonable designation and relocation of traffic and pedestrian lanes. In addition, each Owner may block traffic on its Parcel for the time necessary to prevent the creation of prescriptive easement rights, or as may be reasonably required for the purpose of repairing or replacing the roadways, sidewalks and parking areas on its Parcel. If possible, however, such action shall be taken on a day or at a time when the building Improvements on the Property would not otherwise be open for business. Nothing in this Article III, Section 3 shall be deemed to grant to the owner of any property outside of the Property any rights to use the parking areas located on the Property for the parking of motor vehicles, nor shall it be deemed to grant any Person the right to park motor vehicles on any portion of the Property not striped with parking spaces, such as roadways, entrances and exits, fire lanes and parking aisles. Section 4. Utility and Other Easements. Subject to the terms of this Declaration, each Owner shall have a perpetual non-exclusive easement to install, use, maintain and replace all sanitary sewer, domestic water, fire protection water, natural gas, electric, telecommunications and other utility lines and facilities located or to be located within the Property, including those facilities (if any). shown and identified on the Site Plan, to serve or benefit the Buildings and other Improvements on its Parcel, subject to the following limitations: 10 (a) All utility installations shall be underground, except as indicated on the Site Plan and except for equipment like junction boxes, meters, transformers and backflow preventers. (b) The initial location of any utility lines and facilities shall be subject to the prior written approval of the Owner of the Parcel under or across which the utility lines and facilities are to be installed, and in no event shall any utility line be installed under any Building constructed within the Property. (c) Each Owner shall have the right to pave and landscape the surface within its Parcel over any underground utility lines, and to grant additional easements to third parties within the areas in which those utility lines are located, so long as such actions do not unreasonably interfere with the use and enjoyment of the easement rights created hereby. (d) To the extent that responsibility for such maintenance is not assumed by the appropriate public utility, (1) the maintenance of any utility line or facility located within the Property that serves only the Office Parcels shall be the responsibility of the Owner(s) of the Office Parcel(s) served by that utility line or facility, regardless of the location of that line or facility; (2) the maintenance of any utility line or facility located on the Property that serves only the Mixed-Use Parcels shall be the responsibility of the Master Association under the terms of the Master Condominium Declaration, and the cost of that maintenance shall be allocated solely to the Units in the Master Condominium that are served by that utility line or facility, and (3) the maintenance of any utility line or facility located on the Property that serves both the Office Parcels and the Mixed-Use Parcels shall be a Designated Maintenance Item. (e) Any Owner going onto the Parcel of another Owner to install or maintain utility lines or facilities shall perform such work in a manner to minimize any disruption of business on the Parcel on which the utility lines or facilities are located, and shall promptly repair at its expense any damage (including damage to paved or landscaped areas) caused by such installation or maintenance, so as to restore such Parcel to its original condition. (f) Each Owner shall have the right to relocate the utility lines and facilities located on its Parcel at its expense if necessary for the development of Buildings or other Improvements on its Parcel, so long as the approval of the appropriate municipal utility department or public utility, if applicable, is obtained and arrangements are made for continued utility service to all other Owners benefited by the utility being relocated, and provided that no such relocation shall be undertaken on the Mixed-Use Parcels during the months of November or December. Notwithstanding the foregoing, each Owner (the "Dominant Owner") who installs, uses, maintains or replaces any utility lines or facilities under or across the Parcel of another Owner (the "Servient Owner") shall indemnify and hold the Servient Owner harmless from and against any and all claims, damages, losses, costs and expenses that may be caused or occasioned by the Dominant Owner, its tenants, contractors, agents or employees, in connection with its installation 11 or maintenance work under this Article III, Section 4, and the Dominant Owner shall promptly discharge or bond (within thirty (30) days after receipt of notice of filing) any and all liens filed against the Servient Owner's Parcel or any portion thereof as a result of or relating to any installation or maintenance undertaken by or on behalf of the Dominant Owner. In addition each Dominant Owner shall indemnify and hold the Servient Owner and its successor in title harmless from and against all claims, damages, losses, costs and expenses that may arise as a direct result of any toxic or hazardous substance that the Dominant Owner causes by its action or the actions of its tenants, contractors, agents or employees. Section 5. Project Sign Easement. Declarant or any Owner shall have the right to erect the Project Signs within the "Project Sign Location Areas" shown on the Site Plan. If the City of Charlotte or another appropriate governmental agency requests that any Project Sign be relocated, as a result of a road widening or otherwise, the Master Association may relocate the Project Sign and the related sign easement area with the prior written consent of the Owner of the Parcel on which the sign easement area is located, not to be unreasonably withheld. In that event, the Master Association and such Owner may execute and record an amendment to this Declaration, substituting a revised Site Plan showing the new location of the Project Sign and the related sign easement area, without the joinder of any other party. Following the installation of each Project Sign, the Master Association shall have a perpetual exclusive easement over the area on which such Project Sign is located, for the purpose of installing, maintaining, operating, illuminating, repairing or replacing that Project Sign, including a perpetual non-exclusive right of access as may be reasonably necessary for it to exercise the foregoing easement rights, so long as it repairs any damage resulting from its entry. The Master Association shall exercise its easement rights under this Article III, Section 5 in a manner that minimizes interference with the operations of any permitted use on the Parcel on which each Project Sign is located, and in particular shall limit its access rights, to the extent practical, to the paved areas on such Parcel. Section 6. Construction Easements. Each Owner shall have full rights of ingress and egress to and through, over and about the Common Areas during such period of time as such Owner is engaged in any construction or improvement work on or within the Property. Provided that the constructing Owner complies with the standards set forth in Article VIII, Section 7, no other Owner, or its guests or invitees, shall in any way interfere with or hamper such Owner, its employees, successors or assigns in connection with such construction. Section 7. Easement for Maintenance. The Master Association, or any person authorized by it (including, but not limited to, the Management Firm) shall have the right of access over the Common Areas to the extent necessary for performance of its obligations of maintenance, repair, or replacement of the Designated Maintenance Items, as provided in Article V, Section 1. Section 8. Dele&ation of Use. The easements granted to every Owner in this Article III may be delegated by each Owner, in connection with its development and use of its Parcel, to its tenants, employees, contract purchasers, agents, contractors and invitees. 12 Section 9. Easements and Property Rights Appurtenant to Parcel. All easements and other property rights of Owners created in this Article III shall be appurtenant to each Parcel and shall run and pass with the title to such Parcel. Section 10. Terms and Conditions of Easements. All easements and other property rights of Owners created in this Article III shall be deemed appurtenant to each benefited Parcel, shall inure to the benefit of each benefited Owner, and are granted subject to the following conditions and reservations: (a) The right of any burdened Owner to dedicate or transfer all or any part of the Phase II Easement Areas, Roadway Easement Areas or Drainage Easement Areas to any public agency, authority, or utility for such purposes, and subject to such conditions not materially inconsistent with the terms of this Declaration, as may be agreed to by such Owner; (b) The right of any burdened Owner to grant and reserve additional easements and rights-of-way through, under, over and across the Phase II Easement Areas, Roadway Easement Areas or Drainage Easement Areas, for the installation, maintenance and inspection of utility facilities; and (c) The right of the Master Association to establish reasonable rules and regulations for the use of any of the Common Areas, subject to the limitations set forth in Section 7.13 of the Master Condominium Declaration. provided, however, that any such dedication, conveyance or rules and regulations shall not materially and adversely affect the use and enjoyment of the rights and easements created in this Article III by the other Owners. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Agreement to Pay for Maintenance. Declarant, for each Parcel owned by it within the Property, and each subsequent Owner of any Parcel, by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to have agreed to all of the covenants contained in this Declaration and expressly to have agreed to pay a share, calculated as provided below, of all Common Areas Costs. Section 2. Rights and Obligations in Absence of Master Association. Until such time as the Master Association is formed, all of the rights and obligations of the Master Association set, forth in this Declaration, including, but not limited to, the right to collect assessments under this Article IV and the obligation to maintain the Designated Maintenance Items under Article V, shall be exercised by Piedmont Row, or its successor as the Owner of the Mixed-Use Parcels. Following the dissolution of the Master Association, and until such time as this Declaration is amended to create another association of Owners with responsibility for such matters, all of the rights and obligations of the Master Association set forth in this Declaration, including but not limited to the right to collect assessments under this Article IV and the obligation to maintain the 13 Designated Maintenance Items under Article V, shall be exercised by PTC One, or its successor as the Owner of Lot 1 of the Office Parcels. Section 3. Payment of Assessments. The Owner of each Parcel shall pay to the Master Association its Proportionate Share of the Common Areas Costs in each calendar year, in accordance with the provisions of this Article IV,. Section 3; provided, however, that for so long as the Master Condominium is in existence: (a) The Proportionate Share payable by the Owner of each Office Parcel shall be the percentage share of the Common Areas Costs allocated to the Parking Unit owned by it under the terms of Sections 10.2(e) and 10.3 of the Master Condominium Declaration; (b) The Proportionate Share payable by the Residential Association shall be the percentage share of the Common Areas Costs allocated to the Residential Units, as a group, under the terms of Section 10.2(e) of the Master Condominium Declaration; (c) Unless and until the Commercial Association is formed, the Proportionate Share payable by the Owner of each Commercial Unit shall be percentage share of the Common Areas Costs allocated to its Commercial Unit under the terms of Section 10.2(e) of the Master Condominium Declaration; (d) If and when a Commercial Association is formed, the Proportionate Share payable by that Commercial Association shall be the aggregate percentage share of the Common Areas Costs allocated to the Commercial Units belonging to that Commercial Association, as a group, under the terms of Section 10.2(e) of the Master Condominium Declaration; and (e) The Proportionate Share payable by the Owner of each Parcel within the Phase H Property shall be its Proportionate Share of the Common Areas Costs, as set forth in the Supplemental Declaration subjecting such Parcel to this Declaration, and all contributions from the Owners of Parcels within the Phase II Property shall be deducted before the remaining Common Area Costs are allocated among the Owners of Units in the Master Condominium as provided above. The obligation of each Owner to pay its Proportionate Share of the Common Areas Costs shall commence on the date of recordation of the Master Condominium Declaration (or, in the case of each Parcel within the Phase II Property, on the date of recording of the Supplemental Declaration subjecting such Parcel to this Declaration). Once the obligation of each Owner to pay its Proportionate Share of Common Areas Costs under this Article IV, Section 2 has commenced, such obligation shall not be affected by the subsequent closing, abandonment or removal of any Building or other Improvements on its Parcel. On or before the date that the Master Condominium Declaration is executed and recorded, and thereafter on or before January 1 of each year, the Master Association shall prepare a budget of the estimated Common Areas Costs for the ensuing calendar year, and shall furnish a copy of that budget to each Owner, together with a calculation of each Owner's estimated Proportionate Share of Common Areas Costs for the ensuing calendar year. This 14 estimated annual charge shall be paid to the Master Association in twelve (12) equal monthly installments, in advance on or before the first day of each calendar month. Within ninety (90) days after the end of each calendar year, the Master Association will furnish to each Owner a statement showing in reasonable detail the actual amount of Common Areas Costs incurred in the preceding calendar year, and the actual Proportionate Share of Common Areas Costs payable by each Owner. If the estimated monthly payments made by an Owner in that calendar year are less than its actual Proportionate Share of Common Areas Costs, the Owner shall pay the deficit to the Management Firm within thirty (30) days after the annual statement. If the estimated monthly payments made by an Owner in that calendar year are greater than its actual Proportionate Share of Common Areas Costs, any surplus will, at the election of the Management Firm, either be refunded to that Owner, or credited by the Management Firm against the monthly estimated payments thereafter coming due. Section 4. Management Firm. The Master Association may designate a qualified property management firm, properly licensed in the State of North Carolina (the "Management Firm"), to oversee and coordinate the operation, maintenance, repair and replacement of the Designated Maintenance Items, and to act on behalf of the Master Association in the performance of its duties and obligations under this Declaration, including, but not limited to, the preparation of budgets, the collection of assessments, the maintenance of insurance policies, the payment of taxes and the enforcement of the covenants set forth in this Declaration. The Management Firm as so designated shall contract for and supervise such work, and shall pay the taxes assessed against the Drainage Easement Areas and the Roadway Easement Areas, and shall bill each Owner on behalf of the Master Association for its Proportionate Share of such costs, calculated as provided in Article IV, Section 3, no more frequently than monthly. The Management Firm shall at all times be answerable to the Master Association and subject to its direction. Section 5. Failure to Maintain. If any Owner (the "Defaulting Owner") fails to maintain its Parcel and the Improvements thereon in the condition required under Article V, then the Master Association (or the Management Firm acting on its behalf) may undertake to maintain such area upon fifteen (15) days prior written notice to the Defaulting Owner, and the Defaulting Owner shall pay all costs and expenses of such maintenance to the Master Association within ten (10) days after receipt of a detailed invoice for such costs and expenses. Section 6. Effect of Nonpayment. Any amount due under the terms of this Declaration which is not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen percent (15%) per annum or the maximum interest rate permitted to be legally charged under the laws of the State of North Carolina at the time of such delinquency, whichever is less, and shall be a charge on the land and shall be a continuing lien upon the Parcel or Unit of the Defaulting Owner, as applicable. The Master Association (or the Management Firm acting on its behalf) may bring an action at law against any Owner (or, if applicable, the Residential Association or any Commercial Association) obligated to pay amounts due under the terms of this Declaration or may foreclose the lien against the Parcel or Unit of the Defaulting Owner, and interest, late payment fees, costs and reasonable attorney's fees of such action or foreclosure shall be added to the amount due. No Owner may waive or otherwise escape liability for its share of Common Areas Costs or other charges provided in this Declaration by abandonment of its Parcel, by the closing of the Building or other Improvements 15 on its Parcel, or by its non-use of the Drainage Easement Areas, the Roadway Easement Areas, or the other Common Areas. In addition to any rights that the Master Association may have to enforce the collection of assessments under the Master Condominium Declaration, any sum assessed by the Master Association under this Article IV, Section 6 that remains unpaid for a period of thirty (30) days or longer shall constitute a lien on the Parcel or Unit with respect to which such sum was assessed upon filing in accordance with N.C.G.S. §47F-3-116, and shall be enforceable by the Association in accordance with N.C.G.S. §47F-3-116 and the Bylaws of the Master Association. Section 7. Subordination of the Lien to Mortgages. The liens provided for in Article IV, Section 6 shall be subordinate to the lien of any first or second lien Mortgage on a Parcel or a Unit, provided the holder of such mortgage is a Mortgagee. The sale or transfer of a Parcel or a Unit shall not affect any lien, but the sale or transfer of a Parcel or a Unit that is subject to a Mortgage to which the lien is subordinate, pursuant to a foreclosure of such deed of trust or any proceeding in lieu of foreclosure thereof, shall extinguish such lien as to any amount which became due prior to such sale or transfer. No such sale or transfer shall relieve such Parcel or Unit from liability for any amount thereafter becoming due or from the lien thereof and the liens provided for in this Article IV shall continue to be subordinate to the lien of the Mortgages identified in the first sentence of this Article IV, Section 7. Section 8. Records and Audit. The Master Association shall maintain detailed books and records of all costs and expenses incurred by it in the performance of its maintenance and repair obligations under this Article IV, for a period of at least three (3) years following the end of each calendar year. Any Owner, and any tenant or other occupant of the Project authorized in writing by any Owner, shall have the right to inspect, audit and copy such books and records at the office of the Master Association and/or the Management Firm during business hours upon five (5) days' advance written notice. Section 9. Certificates. The Master Association shall, upon demand and payment of a reasonable charge, furnish to any Owner a certificate in writing signed by an authorized officer of the Master Association and/or the Management Finn setting forth whether the assessments against such Owner's Parcel or Unit have been paid to date, and if not, the amount due and owing. These certificates shall be conclusive as evidence for third parties as to the status of assessments against such Parcel or Unit. Section 10. Reserve Funds. From and after the recording of this Declaration, the Master Association may establish and maintain a reserve fund or funds for replacement and maintenance of the Designated Maintenance Items. In that event, the Master Association shall allocate revenues from assessments to such reserve fund or funds in such amounts and in such manner as may be established from time to time by the Board. The reserve fund or funds shall be segregated from operating funds of the Master Association and may be in the form of a cash deposit, or invested in certificates of deposit or similar obligations issued by a federally-insured bank or savings and loan association. The reserve fund or funds shall be used for the purpose of repairing, replacing and maintaining any facilities owned by the Master Association, and for such other purposes as may be determined by the Board. 16 ARTICLE V MAINTENANCE OF DESIGNATED MAINTENANCE ITEMS Section 1. Maintenance of Designated . Maintenance Items. The operation, maintenance, repair and replacement of the Designated Maintenance Items shall be the responsibility of the Master Association (or the Management Firm acting on its behalf) in the manner provided in this Article V. In particular, the Master Association shall be responsible for maintaining all Improvements located within the Roadway Easement Areas to the standards set forth in Article VI, Section 2, and for maintaining the Storm Water Detention Facilities. Notwithstanding the foregoing, (a) During the period of construction and/or installation of any Designated Maintenance Item, the party performing such construction or installation (the "Installing Owner") shall be responsible, at its expense, for the ongoing maintenance of such Designated Maintenance Item, and upon completion, the Installing Owner shall cause such Designated Maintenance Item to be turned over to the Master Association for maintenance, or conveyed in fee to the Master Association, in good condition and repair, and in compliance with all applicable governmental ordinances and regulations; and (b) During the period of any construction warranty applicable to any Designated Maintenance Item, the Installing Owner shall use commercially reasonable good faith efforts, upon request from the Master Association, to enforce such warranty against the applicable contractor or vendor on behalf of the Master Association. To the extent assignable, the Installing Owner shall assign to the Master Association all warranties received by it with respect to any Designated Maintenance Items. Except to the extent provided in the Master Condominium Declaration, the operation, maintenance, repair and replacement of all other Buildings and Improvements within the Property (including, without limitation, any Common Areas that are not Designated Maintenance Items) shall be the responsibility of the Owner on whose Parcel such Buildings or Improvements are located, as provided in Article VI. Section 2. Definition of Common Areas Costs. As used in this Declaration, the term "Common Areas Costs" shall mean the following costs associated with the operation, maintenance, repair and replacement of the Designated Maintenance Items: (a) The cost and expense of operating, maintaining, repairing and replacing all Improvements located within the Roadway Easement Areas, and the landscaping and related improvements within the Right-of-Way Areas around the perimeter of the Property, or located within the portions of the Property identified on the Site Plan as "Common Landscaping Areas" (including the operation and maintenance of irrigation systems). (b) The cost and expense of operating, maintaining, repairing and replacing the Storm Water Detention Facilities. 17 . (c) The cost and expense of any other operation, maintenance, repair or replacement of the Common Areas undertaken by the Master Association, net of any reimbursements that the Master Association may receive from the Owner(s) of such Common Areas. (d) The cost of all utility services (such as electricity and water) used in connection with the operation of the Designated Maintenance Items, and the cost of repairing or replacing any common utility lines that constitute Designated Maintenance Items. (e) The cost of lighting, operating, maintaining, repairing and replacing all identification signs on the Property, including, but not limited to, the Project Signs. (f) The payment of ad valorem real property taxes on the Roadway Easement Areas and the Drainage Easement Areas, to the extent those areas are separately assessed for tax purposes. (g) The payment of insurance premiums for the insurance policies maintained by the Master Association on the Roadway Easement Areas and the Drainage Easement Areas. (h) The establishment of reserves in accordance with Article IV, Section 10. (i) The cost of attorneys and accountants employed to represent the Master Association in matters relating to the Designated Maintenance Items when appropriate. 0) If the Master Association engages a Management Firm, a commercially reasonable management fee payable to the Management Firm, and all other expenses reimbursable to the Management Firm, under the terms of the management agreement. ARTICLE VI MAINTENANCE STANDARDS Section 1. Maintenance Prior to Development. Until such time as Buildings or other Improvements are constructed on its Parcel, each Owner shall maintain its Parcel as a seeded or landscaped area, shall keep the grass mowed to a height of six (6) inches or less, shall promptly remove all trash and debris and generally shall maintain its Parcel in a safe, neat and clean condition at all times. Section 2. Maintenance Following Development. Except to the extent provided in the Master Condominium Declaration, following construction of Buildings and other Improvements on its Parcel, each Owner shall maintain or cause to be maintained its Parcel in a safe, clean and attractive condition, and shall maintain and repair at its expense all Buildings and Improvements on its Parcel (other than the Designated Maintenance Items, which shall be the responsibility of the Master Association) in order to keep the same in good condition and repair in compliance with then current zoning laws, building codes and other governmental regulations 18 and in a condition substantially similar to that existing upon the initial completion of the Improvements. Such maintenance obligation shall include, without limitation, the following: (a) Keeping and maintaining the exterior of all Buildings and all sidewalks, walkways, roadways and paved parking surfaces in a good, safe, clean and sightly condition. (b) Removing promptly, to the extent reasonably practicable, snow, ice, surface water and debris from paved areas. (c) Keeping all directional signs, pavement signs and striping of paved areas distinct and legible. (d) Periodically mowing (at least once every ten (10) days during the growing season), leaf blowing and fertilizing all grassed areas on its Parcel, including areas in the adjoining public rights-of-way between the property line and the back of the curb line. (e) Caring for, fertilizing, pruning and replanting all landscaped and planted areas within its Parcel, including areas in the adjoining public rights-of-way between the property line and the back of the curb line, and removing and replacing all dead or dying plants within thirty (30) days, except when prevented by seasonal conditions (e.g., middle of summer). (f) Maintaining all utility lines or facilities located within its Parcel, to the extent not maintained by the applicable public utility. (g) Keeping its Parcel clean, orderly, sanitary and free from objectionable odors and from termites, insects, vermin and other pests. If any Owner (a "Defaulting Owner") fails to maintain its Parcel or the Buildings or Improvements thereon, or if the need for maintenance, repair, or replacement of any portion of the Designated Maintenance Items is caused through the willful or negligent act of an Owner, its agents, employees, guests, lessees, invitees, or designees and is not covered or paid. for by a policy of insurance maintained by the Master Association, then the Master Association shall have the right to undertake the necessary maintenance upon fifteen (15) days' prior written notice to the Defaulting Owner, and the Defaulting Owner shall pay all costs and expenses of such maintenance to the Master Association within ten (10) days after receipt of a detailed invoice for such costs and expenses. The Master Association shall have the remedies specified in Article IV, Section 6 for non-payment of any such amount. ARTICLE VII PERNUTTED USES Section 1. Permitted Uses. No Parcel shall be used in violation of the use restrictions set forth in the conditional zoning plan applicable to the Property, as it may be amended from time to time. In addition, the Property shall be used only for commercial purposes compatible 19 with the operation of a first-class mixed use development, and not in violation of the following restrictions: (a) No portion of the Property shall be used for industrial or manufacturing purposes, for any agricultural or refining operation, or as a commercial warehouse or storage facility. (b) No portion of the Property shall be used for any purpose which is a public or private nuisance, or which creates vibrations or strong, unusual or offensive odors, fumes, dust or vapors which are noticeable outside of any Building, or any use which creates any noise or sound which can be heard outside of any Building and which is offensive due to intermittency, beat, frequency, shrillness or loudness, provided, however, that: (i) a typical paging system shall be allowed, and (ii) live entertainment consisting of, but not limited to, vocalists, piano, bass, guitars and drums consistent with that typically offered in "lounge" areas of high quality restaurants shall be permitted in portions of the Project devoted to restaurant uses (and in adjacent patio and outside dining areas), so long as any associated noise does not create a nuisance for other tenants and occupants of the Project, and the use complies with all applicable legal requirements. (c) No portion of the Property shall be used as a surplus or second-hand store, a flea market, a laundromat, a tattoo parlor or body-piercing establishment, a massage parlor, or for the sale or display of illicit drug paraphernalia. (d) No portion of the Property shall be used as an adult book store or establishment selling or exhibiting pornographic materials. As used herein, an "adult book store or establishment selling or exhibiting pornographic materials" shall include, without limitation, a store displaying for sale or exhibit books, magazines or other publications containing any combination of photographs, drawings, or sketches of a sexual nature which are not primarily scientific or educational (collectively, "Sex Magazines") (it being acknowledged, however, that Playhoy, Playgirl and Penthouse are not deemed to be Sex Magazines), or a store offering for exhibition, sale or rental video cassettes, DVDs or other medium capable of projecting, transmitting or reproducing, independently or in conjunction with another device, machine or equipment, an image or series of images, the content of which is pornographic; provided that the foregoing shall not be deemed to prohibit the sale or rental of video tapes of adult nature so long as such sale or rental is incidental to the operation of a full line video store or full line video department within a store and provided that such items are not openly displayed and are access controlled. (e) No portion of the Property shall be used as a junkyard, or for the dumping, disposing, incineration or reduction of garbage (exclusive of dumpsters or compactors ancillary to a permitted use), or for the storage of explosives or other unusually hazardous materials (other than materials sold or used in the normal course of an occupant's business, provided that the same are handled in accordance with all governmental rules, regulations and requirements applicable thereto). 20 (f) No portion of the Property shall be used for the sale, leasing, display or repair of mobile homes, motor vehicles, boats, trailers, motorcycles or recreational vehicles. (g) No portion of the Property shall be used or operated as a service station, a car wash, or for the sale of motor vehicle fuels. (h) No portion of the Property shall be used for the operation of a carnival, off-track betting facility, other gambling facility, discotheque or dance hall, or movie theater. (i) No portion of the Property shall be used for the operation of a skating rink, bowling alley, video parlor, billiard parlor, bingo parlor, game room, amusement arcade or other place of recreation and amusement not customarily found in a first-class mixed- use development; provided, however, that the foregoing restriction shall not be deemed to limit or restrict billiard tables, pinball machines, electronic games, and other similar coin- operated amusement machines which are incidental to the operation of any other permitted use. 0) No portion of the Property shall be used for the operation of a funeral parlor, mortuary or a crematorium, a veterinary hospital, or for the overnight boarding of animals. (k) No portion of the Property shall be used for the operation of a central laundry, dry cleaning plant or laundromat; provided, however, this prohibition shall not be applicable to on-site service oriented to pickup and delivery by the ultimate consumer, including nominal supporting facilities, such as on-site dry cleaning and laundry facilities, as the same may be found in first-class mixed-use developments in the Charlotte metropolitan area. (1) No portion of the Property shall be used for the operation of a auditorium, meeting hall, church or other house of worship, or similar place of general public assembly; provided, however, that this restriction shall not be deemed to restrict or prohibit the operation of conference rooms or meeting rooms within the Office Buildings, or within the business center on the mezzanine level of the Mixed-Use Building on Lot 4 of the Property, or of conference rooms or meeting rooms that are ancillary to the operation of any permitted business in the Office Buildings or the Commercial Units, such as a restaurant. Section 2. Restricted Actions by Owners. No Owner shall permit anything to be done or kept on the Property which would be in violation of any law, or which would constitute a nuisance to any other Occupant of the Property. Each Owner shall comply with all laws, regulations, ordinances (including without limitation, applicable environmental laws, building codes and zoning ordinances) and other governmental rules and restrictions applicable to its Parcel. Section 3. Restrictions Applicable to Phase II Property. The Phase II Property shall be used for residential purposes only; provided, however, that this restriction shall not be deemed 21 to prohibit the operation of commercial uses on the Phase II Property that are ancillary to the primary residential use of the Phase II Property, and that are not in violation of the restrictions set forth in Article VII, Section 1. ARTICLE VIII BUILDING AND DEVELOPMENT RESTRICTIONS Section 1. General Standards. All Buildings and Improvements on the Property shall comply with the terms of the zoning plans and site plans for the Property that have been approved by the City of Charlotte. Section 2. Site Improvement Restrictions. All Improvements constructed on any Parcel shall comply with the following requirements and restrictions: (a) All curbs and gutters shall be poured in place standard-sized concrete type curbs. (b) All utility lines and equipment shall be entirely underground, except as indicated on the Site Plan and except for equipment like junction boxes, meters, transformers and backflow preventers. (c) No on-site septic system or sanitary sewer treatment facility will be permitted on any Parcel. (d) Pavement markings, directional signs, and other traffic indicators upon each Parcel shall be in accordance with the Manual on Uniform Traffic Control Devices, and shall provide for a reasonable traffic flow scheme consistent with that shown on the Site Plan. (e) All buffer strips and other undeveloped land areas shall be landscaped with trees, shrubs, or suitable ground cover (which includes grass) in a uniform manner. (f) During the term of the lease of space in the Office Building on Lot 1 with Piedmont Natural Gas Company, Inc., the streetscape improvements within the Roadway Easement Areas shall include gas lanterns consistent with the requirements of that lease. Section 3. Site Plan Restrictions. All Buildings and Improvements constructed on the Property shall be located substantially in accordance with the Site Plan. In particular, the paved parking and roadway areas on the Property shall be substantially consistent with the parking layout and traffic patterns indicated on the Site Plan. Any material deviation from the Site Plan, including any material deviation in the location of the Buildings or Improvements on the Property from the layout or the location shown on the Site Plan, shall require an amendment to the Site Plan pursuant to an amendment to this Declaration; minor deviations shall be permitted without such an amendment. For the purposes of the foregoing, a "material deviation" shall be any deviation that changes the location of any Building or any Common 22 Areas, or that has a material effect on traffic flow, parking arrangements, or access to any Parcel or any Building from the Right-of-Way Areas or the public streets bounding the Property. Section 4. General Building Standards. No Building shall be constructed on any Parcel outside of the Building Areas. No structure of a temporary nature shall be allowed on any Parcel at any time, except that of an Owner's contractors and subcontractors during the period of construction of Buildings or Improvements. Each Building located on the Property shall be equipped with adequate roof drainage, and no downspout water shall be permitted to be deposited directly into landscaped areas or open ditches. All Buildings and Improvements constructed upon the Property shall conform to the minimum standards specified by the applicable governmental building codes in effect at the time of the permitting of such construction, as well as to all other rules, regulations, requirements, ordinances and laws of any local, state or federal governmental unit(s) or authorities having jurisdiction thereof. Section 5. Building Plan Approval. It is the intent of Declarant that the Buildings located on each Parcel blend harmoniously and attractively with one another, use the same exterior building materials (brick, masonry and pre-cast concrete) and roofing materials (celadon, copper and slate), and be of the same general architectural design. Declarant has approved the plans and specifications for the initial Buildings and Improvements being developed on the Property. However, no renovations, additions, alterations or replacements of such Buildings or Improvements that affect the landscaping, lighting, paved areas, sidewalks or free-standing signs (other than replacement of sign identification panels) on that Parcel, or the exterior appearance of the Buildings (specifically including any building-mounted signs) on that Parcel, shall be constructed until the following items have been approved in writing by the Master Association: (a) A site plan showing the location and dimensions of the Building(s), landscaped areas, paved areas (roadway, sidewalks and parking), monument signs and other Improvements to be constructed or installed on the Parcel. (b) A landscape plan identifying all species of trees and plants to be planted on the Parcel, with sizes specified. (c) An exterior lighting plan (including site photometrics), confirming that exterior lighting will be focused on the Parcel, and will not create direct glare onto adjoining Parcels. (d) A sign drawing for any free-standing sign to be constructed or installed on the Parcel, consistent with the requirements in Article VIII, Section 8. (e) Plans showing the exterior elevations of all sides of the Building(s) and building-mounted sign(s) to be constructed or installed on the Parcel, and specifications describing the principal building and roofing materials and colors to be used on the exterior of the proposed Building(s) (which exterior finishes shall be the same as those used on the balance of the Property). 23 The approval requirements of this Section 5 also shall apply to any Buildings constructed on the Phase II Property if and when the Phase II Property is subjected to this Declaration, as provided in Article H, Section 3. Section 6. Screening and Related Requirements. All water towers, storage tanks, maintenance facilities, heating and air conditioning equipment, loading docks and utility service areas located on any Parcel shall either be housed within a Building, or otherwise screened from public view in a manner architecturally compatible with the Building(s) located on that Parcel. All trash receptacles not located within the service areas of a Building shall be located in a permanent gated enclosure that is constructed from the same primary building material as the Building(s) on that Parcel. All loading areas shall be screened from public view to the extent practical. All loading docks and associated areas shall have adequate space on each Parcel so that loading and maneuvering of trucks and service vehicles will not be carried out within the Roadway Easement Areas. Section 7. Construction Standards. Each Owner, throughout the entire period of construction on its Parcel, shall: (a) Store all construction materials within a temporary staging and/or storage area located wholly within its Parcel, at a location that will not unreasonably interfere with access between any other Parcel and the Roadway Easement Areas. (b) Install and maintain effective erosion control measures that meet or exceed code requirements, in order to prevent the runoff of sediment, dirt and debris from its Parcel. (c) Cause trucks, construction equipment or machinery to park only within the boundaries of its Parcel, and cause construction vehicles and traffic to follow the routes that may be designated by the Master Association for construction traffic. (d) Not permit mud, dirt, construction materials, trash or debris to accumulate or remain outside of the building site on its Parcel; or permit construction to proceed in a manner that interferes with the visibility of, access to or the operation of any other permitted use being conducted on the Property. (e) Repair any damage to (including without limitation damage to paving and landscaping), and promptly remove any trash or construction debris from, the Access Easement Areas, the Right-of-Way Areas, or other portions of the Property outside of its Parcel, caused by the activities of such Owner's contractors, subcontractors or agents. Section 8. Sign Standards. All exterior signs, including free-standing signs and building-mounted signs, erected on the Property shall be subject to the prior approval of the Master Association, as provided in Article VIII, Section 5, and shall not violate the following prohibitions, except with the prior written consent of the Master Association, which may be granted or withheld for any reason: (a) The content and wording of all exterior signs (with the exception of directional, traffic control, and parking signs, and signs advertising property for sale or 24 lease) shall be restricted to setting forth the name of a business operating on the Property, and its logo or trade name. Slogans, mottoes or other text shall not be permitted on any exterior sign, and underwriters' or sign fabricators' labels and permits shall be located so as to be inconspicuous. (b) There shall be no signs advertising businesses that are not located on the Property. (c) No sign shall be painted on the exterior surface of any Building, or mounted on the roof of any Building. (d) All building-mounted signs shall be individually cut and mounted letters, or raised letters on panels, and shall be either backlighted or internally illuminated, and there shall be no "box" type signs or Da-Lite or Da-Glo fluorescent plastic signs on the exterior of any Building. (e) All sign cabinets, conductors, transformers, ballasts, attachment devices, wiring and other equipment shall be concealed. (f) There shall be no flashing, blinking, moving, animated or audible signs. (g) There shall be no sign trailers, hot air balloons, or motor vehicles used to display signage, and there shall be no signs made of cloth, paper or cardboard material. (h) There shall be no-freestanding signs located on the Property except for the Project Signs, traffic control signs, and, to the extent permitted by applicable sign ordinances, (1) "coming soon" signs not in excess of eight (8) feet in height, and (2) one or more free-standing common identification signs identifying the Property and various occupants of the Property. (i) All signs shall comply with the relevant sign control ordinances of the City of Charlotte and/or Mecklenburg County, North Carolina, as well as to the terms of the rezoning conditions, if any, applicable to the Property. Section 9. Landscaping and Irrigation Standards. Each Owner shall provide landscaping for all surface parking lots, buffer areas, and parking lot perimeters, and foundation plantings around Buildings, all in compliance with the terms of this Declaration, its approved site plan, and applicable ordinances of the City of Charlotte and/or Mecklenburg County, North Carolina. Any areas not covered by Buildings or paving shall be landscaped with trees, shrubs, ground covers, or irrigated lawn areas. ARTICLE IX INSURANCE, CONDEMNATION AND REBUILDING Section 1. Property Insurance and Rebuilding. Each Owner shall obtain and maintain in force a policy of property insurance (ISO Special Form or its equivalent), covering 25 all Buildings on its Parcel in an amount equal to the full replacement cost thereof, less a commercially reasonable deductible amount, and excluding the cost of any non-destructible items such as paving, foundations and footings; provided, however, that for so long as the Master Condominium is in existence, the Master Association shall obtain and maintain in force such property insurance for the Parking Decks and the Mixed-Use Buildings, all in accordance with the Master Condominium Declaration. The Master Association also shall obtain and maintain in force such a policy covering the insurable Improvements included within the Designated Maintenance Items and any other Common Areas maintained by the Master Association, including, but not limited to, the Project Signs, and the premiums for this policy shall be included in Common Areas Costs. If any Building or Improvements on any Parcel are destroyed or damaged by fire or other casualty, the Owner of that Parcel shall elect to rebuild or not to rebuild the damaged Building or Improvements. If the Owner elects not to rebuild, it shall promptly demolish the damaged Building or Improvements, remove or clean up all rubbish and debris, grade and landscape or pave the area, and thereafter maintain its Parcel in accordance with the provisions of Article VI, Section 1. If the Owner elects to rebuild, it shall proceed with due diligence to repair or restore the damaged Building or Improvements to as good a condition as existed before such damage or destruction, and shall comply in all respects with the provisions of Article VIII. If any Designated Maintenance Item or other Common Area maintained and insured by the Master Association is damaged or destroyed by fire or other casualty, then the Master Association shall rebuild the damaged Improvement, and the cost of restoration or rebuilding in excess of the available insurance proceeds shall be a Common Areas Cost. Nothing in this Section 1 shall be deemed to affect or modify the rights or obligations of the Owners of Units in the Master Condominium, or of the Master Association, with respect to the damage or destruction of the Mixed-Use Buildings or the Parking Decks, all of which are addressed and governed by the terms of the Master Condominium Declaration. Section 2. _Release of Claims; Waiver of Subrogation . To the extent covered by a policy of insurance actually maintained by such Owner, or required to be maintained by such Owner under this Declaration (without giving effect to deductible amounts or Self-Insurance), each Owner releases each other Owner from any and all liability for any loss or damage to property, or for lost rents or profits, caused by fire or other casualty, even if the fire or other casualty was caused by the fault or negligence of the Owner being released, or by any other party for whom that Owner may be responsible. Each policy of property insurance required by this Declaration shall incorporate a provision (or include an endorsement) in which the insurance company waives any right of subrogation that it may acquire against any other Owner by virtue of payment of any loss under such policy. Section 3. Condemnation. In the event of a taking by condemnation or otherwise by governmental authority which damages any part of a Building or other Improvements, the Owner of the damaged portion of the Building or Improvements shall immediately use the condemnation proceeds and other funds, to the extent needed, to repair and restore the damaged Building to an integrated and architecturally complete building or structure, if the remaining portion of the Building is capable of being. so repaired and restored in the discretion of that Owner, and to repair and restore all other Improvements so that they may continue to be used for 26 their intended purposes, if the remaining portion of the Improvements is capable of being so repaired and restored in the discretion of that Owner. If any remaining portion of the Building or Improvements is not so capable of being repaired and restored, then the Owner of that Parcel shall promptly demolish the damaged Building or Improvements, remove or clean up all rubbish and debris from the Parcel, grade and landscape or pave the area, and thereafter maintain its Parcel in accordance with the provisions of Article VI, Section 1. In the event of a taking by condemnation or otherwise of any Parcel, the entire award or purchase price shall belong to the Owner of that Parcel. Notwithstanding the foregoing, any Owner may file a separate claim with the condemning authority over and above the value of the Parcel being taken in fee simple to the extent of any damage suffered by that Owner as a result of the loss of easement or other rights; provided, however, that such claim does not reduce the claim payable to the Owner of fee simple title to the Parcel being taken. Nothing in this Section 3 shall be deemed to affect or modify the rights or obligations of the Owners of Units in the Master Condominium, or of the Master Association, with respect to the condemnation of any portion of the Mixed-Use Parcels, the Mixed-Use Buildings or the Parking Decks, all of which are addressed and governed by the terms of the Master Condominium Declaration. Section 4. Liability Insurance. Each Owner at all times shall maintain a policy of commercial general liability insurance (current ISO Form or its equivalent) with a combined single limit of at least $5,000,000.00 per occurrence and a general aggregate limit of at least $5,000,000.00, covering its Parcel. The Master Association shall have the right, by delivery of written notice to the other Owners, to increase these minimum liability insurance limits from time to time to levels maintained by prudent owners of similar commercial properties in the Charlotte metropolitan area. All liability insurance policies required under this Section 4 shall name each other Owner of any Parcel, and the Master Association, as additional insureds. In addition, the Master Association at all times shall obtain and maintain in force a policy of commercial general liability insurance (current ISO Form or its equivalent) covering the Common Areas, with a combined single limit of at least $5,000,000.00 per occurrence, which minimum limit may be increased from time to time in the reasonable discretion of the Board. The premiums for this policy shall be included in Common Areas Costs. Section 5. Blanket Policies and Certificates. Any policy of insurance required to be carried by any Owner under this Article IX shall be carried with a reputable insurance company licensed to do business in the State of North Carolina on an admitted basis, and may be provided as part of a so-called blanket policy of insurance covering other locations, as long as the coverage limits set forth in this Article IX are satisfied as to its Parcel. Each Owner shall deliver to the Master Association, within thirty (30) days after written request therefor, a certificate of insurance evidencing that the policies of insurance required to be maintained by it under this Article IX are in full force and effect. Section 6. Self-Insurance. Any insurance required to be maintained by any Owner under this Declaration, other than the policy of liability insurance covering the Common Areas to be maintained by the Master Association, may be maintained either under a plan by self- insurance, or a large deductible program, or a captive insurance arrangement (in any event, 27 "Self-Insurance"); provided, however, an Owner shall be entitled to utilize Self-Insurance (a) for property insurance, only during such periods that such Owner's tangible net worth, determined in accordance with generally accepted accounting principles ("GAAP") exceeds One Hundred Million and No/100 Dollars ($10.0,000,000.00), or (b) for commercial general liability insurance, only during such periods that such Owner's tangible net worth, determined in accordance with GAAP, exceeds Five Hundred Million and No/100 Dollars ($500,000,000.00). The Master Association shall have the right, by delivery of written notice to the other Owners, to increase these minimum net worth requirements from time to time to amounts required by prudent owners of similar commercial properties in the Charlotte metropolitan area. In no event may the amount of the self-insured portion of the property or liability coverage exceed one percent (1%) of any Owner's tangible net worth, determined in accordance with GAAP. If any Owner elects to maintain Self-Insurance, it shall notify the Master Association in writing, specifying the risks covered by such Self-Insurance, and accompanied by a current audited financial statement evidencing its compliance with the net worth requirements set forth above. Each Owner maintaining Self-Insurance (a "Self-Insuring Owner") shall indemnify, protect, defend and hold each other Owner, and the Master Association, harmless from and against claims, actions, damages, liabilities and expenses (including court costs and reasonable attorneys' fees) arising out of, relating to or in any manner connected with the Self-Insuring Owner's failure to maintain the policies of insurance required by this Declaration, which indemnity will cover, among other matters, any amount of exposure resulting from: (x) the Self- Insuring Owner's election to maintain Self-Insurance for any coverage required by this Declaration, (y) the deductible amount under any insurance coverage for which the Self-Insuring Owner is responsible under this Declaration, or (z) any other uninsured or underinsured liability for which the Self-Insuring Owner is responsible under this Declaration. ARTICLE X GENERAL PROVISIONS Section 1. Enforcement. Any Owner and (if applicable) the Management Firm shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any such party to enforce any covenant or restriction contained in this Declaration shall not be deemed a waiver of the right to do so thereafter. Section 2. Exculpation. Notwithstanding any provision to the contrary contained in this Declaration, it is specifically understood and agreed that there shall be absolutely no personal liability on the part of any Owner, its shareholders, officers, directors, members, managers, or partners, with respect to the performance or non-performance of any of its obligations under this Declaration. Each Owner shall look solely to the Parcel owned by any Defaulting Owner, the Improvements located thereon and any insurance or condemnation proceeds related thereto, for the satisfaction of any remedy of the non-Defaulting Owner resulting from the breach of any of the obligations or covenants of this Declaration by the Defaulting Owner; provided, however, that this provision shall be not deemed to affect the right of any Owner to seek injunctive relief or to bring suit for specific performance. If any Owner 28 conveys its fee simple interest in its Parcel, that Owner shall be relieved from all obligations under this Declaration accruing after the date of the conveyance. Section 3. Force Majeure. If any Owner is delayed in the performance of any obligation under this Declaration as a result of an act of God, labor dispute, shortage of materials or supplies or other event beyond its reasonable control (it being agreed that the financial inability of any Owner to perform any obligation shall never be deemed an event *beyond its reasonable control), the time for performance of that obligation shall be extended for the reasonable period of that delay. Section 4. Estoppel Certificates. The Master Association shall, within fifteen (15) days after the written request of any Owner, certify by a written instrument, duly executed and acknowledged, to any purchaser or proposed purchaser, or Mortgagee or proposed Mortgagee, or any other party specified in the request: (a) whether this Declaration has been supplemented or amended, and if so, the nature of the supplement or amendment; (b) whether there exists any default under this Declaration, and if so, a description of that default; (c) whether there exists any offset, defense or counterclaim on the part of the certifying party as to the performance of its obligations under this Declaration, and if so, a description of the nature and amount of any such offset, defense or counterclaim; and (d) such other matters as may reasonably be requested. Section 5. No Partnership. The provisions of this Declaration are not intended to create, and shall not be interpreted to create, a joint venture, a partnership or any similar relationship between the Owners. Section 6. Severability. Invalidation of any covenant or restriction contained in this Declaration by judgment or court order shall not affect any other provisions. of this Declaration all of which shall remain in full force and effect. Section 7. Duration. The covenants and restrictions contained in this Declaration shall run with and bind the Property for a period of ninety-nine (99) years from the date this Declaration is recorded, after which time the term shall be automatically extended for ten (10) successive periods of ten (10) years each, for a total (including the initial term) of one hundred ninety-nine (199) years, unless at least seventy-five percent (75%) of the Owners elect not to extend the term of this Declaration. Notwithstanding the foregoing, the perpetual easements created in Article III of this Declaration shall not be affected by the expiration or termination of this Declaration. Section 8. Amendment. Except as expressly provided in Article 11, Section 3, and in Article III, Section 5, this Declaration may be amended, modified or terminated only by an instrument signed by all Owners, and by Declarant (so long it owns any portion of the Phase II Property), and properly recorded in the Office of the Register of Deeds for Mecklenburg County. Section 9. Governing Law. This Declaration has been entered into under, and shall be construed in accordance with, the laws of the State of North Carolina. Section 10. Private Agreement. This Declaration shall not be construed to grant any rights to the public in general. 29 Section 11. Reasonable Consent/Approval. Whenever the consent or approval of a party is required by the terms of this Declaration, such consent or approval shall not be unreasonably withheld, delayed or conditioned. Section 12. Consent of Owners. Wherever in this Declaration the approval or consent of a specified percentage of Owners is required, it shall mean the approval or consent of Owners who own Parcels or Units to which is allocated an aggregate Proportionate Share of Common Areas Costs comprising at least the specified percentage. (remainder of page intentionally left blank) 30 IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG CRESCENT RESOURCES, LLC, a Georgia limited liability company By: Name: C. /-A k Title: Prm,Vf I, a *'_a N otary Public for said County and State, do hereby certify that G a Vice President of CRESCENT RESOURCES, LLC, a Georgia limited liabi 'ty company, personally appeared before me this -day and acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official My commission expires: D_.3--J -off [NOTARIAL SEAL], the day of 31 EXHIBIT A a w Q u W ? Q U W `W¢ Q g ?Q ? m S z Z Z o 0 v m m Q sF.n ;s.:: I Z ?rc? I I W ?'`ylf?; z s _I x ASSELf G STREET eo• ruauc a/w pre 73-263/08 msr-rn) -- .d•: ? 1 ?f t? i t 1 \? t I It %rt; 71 EE D]L ?5c1 12 1 ill 1-1.` aru.ala,omi ?? i • ,?? ; i ga a?e i i i'??'?, t t i ! i l t l iii L ./- tit" If ?'i?li t11? •????{ THIS MAP IS NOT A CE IED SURVEY AND HAS NOT BEEN EWED BY A LOCAL GOVERNMENT ENCY FOR COMPLIANCE WITH # APPLICABLE LAND DEVELOPMENT RE U TIONS. O #!E i I I.? ? If K Zc -m ka' I- W--M Fm % X w r z 0 a /0 LLI r .Q ! W ,QS JJI f.1 1 0 0 N O o O TT O 0 lLl ? J Q U rn o 0 0 v a, N A N e z v m 0 it /J?!• ,r ? o a o 1 / W ;}!f o uuJ r'• i' 'J W a {? ? 3 a T:I 'Tdd BZ:oE:8 SOOZ/Uii '6*PW.gx3 aoueuaiuleW\5ll8[HX3\IU&oVd11SaS\:d EXHIBIT B LEGAL DESCRIPTION OF PHASE H PROPERTY Lying and being in the City of Charlotte, Mecklenburg County and being more particularly described as follows: BEGINNING at a set iron pin in the western margin of Carnegie Boulevard (80' public right-of-way), a corner of Tract 1 as hereinabove described ("Tract I'), and being located the following two (2) courses and distances from the western terminus of the curve formed by the intersection of the southern margin of the right-of-way of Carnegie Boulevard and the western margin of the right-of-way of Assembly Street (60' public right-of-way): (1) S. 89-45-30 W. 268.55 feet to an existing iron pin; and (2) with the are of a circular curve to the right having a radius of 180.00 feet, an arc length of 115.13 feet and a chord bearing and distance of N. 71-55-05 W. 113.18 feet to the point and place of Beginning; thence, with and along the boundary line of Tract 1, S. 36-17-56 W. 387.65 feet to a set iron pin in the boundary line of the property of G&I Parkview, LLC (now or formerly) as described in Deed Book 9951, Page 150 in the Mecklenburg County Public Registry (hereinafter the "Registry"); thence, with and along the boundary line of the property of G&I Parkview, LLC, the following two (2) courses and distances: (1) N. 62-34-03 W. 303.31 feet to an existing iron pin (#4 rebar); and (2) S. 27-22-05 W. 19.90 feet to an existing iron pin 2" pipe (pinched top), a comer of Lot 5A, Block 4 as shown on that map recorded in Map Book 8, Page 457 (hereinafter the "Map") in the Registry; thence, with and along the boundary line of Lots 5A, 6A, 7A, 8A, and 9A, Block 4 as shown on the Map and with the boundary line of Lots 10, 11 and 12 as shown on that map recorded in Map Book 8, Page 281 in the Registry, the following three (3) courses and distances: (1) N. 62-30-57 W. 63.01 feet to an existing iron pipe 2" pipe; (2) N. 24-47-59 W. 498.78 feet to an existing iron pin; and (3) N. 54-45-30 E: 65.67 feet to an existing iron pin, a comer of the. property of Jobst Institute, Inc. (now or formerly) as described in Deed Book 6915, Page 869 in the Registry; thence, with and along the boundary line of the property of Jobst Institute, Inc., N. 89-45-47 E. 645.31 feet to an existing iron pin in the western margin of the right of way of Carnegie Boulevard; thence, with and along the western margin of the right of way of Carnegie Boulevard as it curves to the east, the following two (2) courses and distances: (1) S. 00-15-20 E. 187.99 feet to an existing iron pin; and (2) with the arc of a circular curve to the left having a radius of 180.00 feet, an arc length of 167.57 feet and a chord bearing and distance of S. 26-55-30 E. 161.58 feet to a set iron pin, the point and place of BEGINNING, containing 7.6324 acres, more or less, as shown as Tract 2 on a "Boundary Survey of Carnegie Town Center Site, Fairview Road" prepared by ESP Associates, PA, Michael S. Miller, NCPLS, dated December 3, 2001, last revised January 22, 2002. TOGETHER WITH that tract or parcel of land more particularly described as follows: Error! Unknown document property name. Lying and being in Mecklenburg County, North Carolina as shown on that plat entitled "Revised Final Plat of Piedmont Town Center, Phase 1 - Lots 14" prepared by ESP Associates, P.A., dated October 14, 2005 (hereinafter the "Plat"), recorded in Map Book 44, at Page 580 in the Mecklenburg County Public Registry, and being more particularly described as follows: To locate the point and place of Beginning, commence at a set iron pin (Control Comer), the northwestern corner of Lot 4 as shown on the Plat (hereinafter "Lot 4'), said Control Corner having coordinates of N=515,914.95 and E=1,449,836.08; thence, with and along the boundary line of Lot 4, S. 00-27-46 E. 104.45 feet to a point, the point and place of BEGINNING; thence, with and along the boundary line of Lot 4, S. 00-27-46 E. 154.43 feet to a set iron pin (Control Corner) having grid coordinates of N=515,656.08 and E=1,449,838.17; thence, continuing with and along the boundary line of Lot 4, S. 90-00-00 W. 114.68 feet to a set iron pin; thence N. 36-17-56 E. 191.61 feet to a point, the point and place of BEGINNING, containing 8,855 square feet, more or less, all as shown on the Plat. LESS AND EXCEPT that tract or parcel of land more particularly described as follows: Lying and being in Mecklenburg County, North Carolina, and being a portion of Lot 4 (hereinafter "Lot 4") as shown on that plat entitled "Revised Final Plat of Piedmont Town Center, Phase 1 - Lots 14" prepared by ESP Associates, P.A., dated October 14, 2005 (hereinafter the "Plat"), recorded in Map Book 44, at Page 580 in the Mecklenburg County Public Registry (hereinafter the "Registry"), and being more particularly described as follows: BEGINNING at a set iron pin (Control Corner), the northwestern corner of Lot 4, said Control Comer having coordinates of N=515,914.95 and E=1,449,836.08; thence, with and along the boundary line of Lot 4, N. 89-32-14 E. 78.03 feet to a set iron pin; thence, a line in and through Lot 4, S. 36-17-56 W. 130.38 feet to a point in the boundary line of Lot 4; thence, with and along the boundary line of Lot 4, N. 00-27-46 W. 104.45 feet to a set iron pin, the point and place of BEGINNING, containing 4,075 square feet, more or less, all as shown on the Plat. Error! Unimowo document property name 2 TRANSMITTAL Date: December 11, 2008 Reference: 3484 - Hagood Reserve Attention: Mr. Harold Smith Company: City of Charlotte Tel: (704) 432-5532 City Engineering 441 Beaumont Avenue Charlotte, North Carolina 28204 We Are Transmitting: ® Herewith ? Under Separate Cover Copies Dated Description 2 12/11/08 Bulletin Drawing BD9.0 2 12/08/08 Drainage Area Exhibit 2 12/08/08 Spread Calculations Transmitted ? Mail ? Overnight ® Courier ? Hand Delivery ? Pick-Up Via: ? For Approval ® For Your Use ® As Requested ? For Review Remarks: Per our phone conversation, I have attached a revised bulletin drawing, drainage area exhibit, and spread calculations for the storm revisions in Colony Road. Please call with any questions. By: Daniel J. McGlamery, El, LEED AP smm cc: Ms. Susan G. Freyler, RLA - CJS Ms. Allison W. Merriman, RLA - CJS Mr. Frank G. Miller, El -CJS MAProject Files\3484\2008\trans\1211t Smith, H. Colony Road Storm Revisions.doc Permit No. (to be provided by DWQ) Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. VPS _ 60.0 1. Plans (1" - 50' or larger) of the entire site showing: Design at ultimate build-out, - Off-site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), Overflow device, and - Boundaries of drainage easement. `?O S OW 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: Outlet structure with trash rack or similar, Maintenance access, - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, - Basin cross-section, - Vegetation specification for planting shelf, and - Filter strip. DDS cy 4.O 3. Section view of the wet detention basin (1" = 20' or larger) showing: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and - Inlet and outlet structures. '>D S r Y .0 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified on the plans prior to use as a wet detention basin. b D 5 k- 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify volume provided. D D 5 C.V ( .0 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. PD5 ? 7. The supporting calculations. VD 5 ? 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. b1>5 ? 9. A copy of the deed restrictions (if required). DD S 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County soil maps are not an acceptable source of soils information. Form SW401-Wet Detention Basin-Rev.5 Part III. Required Items Checklist, Page 1 of 1 WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determ ine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent, pool depth reads . J feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 5.5 feet in the forebay [and m icro-pool], the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation (031.50 Sediment moval El. - - - - - - - - - - - - - ° Sediment Rem oval Elevation (O 3 `'f • 0 © 75% Bottom E -aion 5/o \75% -----------------------------------------?- 5% Bottom Elevatinn (o;?2.00 1 9.X;01. FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland pl ants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm . 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet detention basi n system shall be maintained in good working order. Page 1 of 2 w .ry r 8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All accumulated sediment and debris shall be removed from the structure, and a level elevation shall be maintained across the enti re flow spreading structure. Any dow n gradient erosion must be repaired and/or replanted as necessary. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DW Q of any problems with the system or prior to any changes to the system or responsible party. Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdiv ision has been named the president. 1, h e r y 4. a N otary Public for the State of 'Yk County of v r• _,do hereby certify that C . Ja Se n !YI aJ1'Ir??i u %j k personally appeared before me thi s /O' day of 7Geem ed- and acknowledge the due execution of the forgoing wet [w etland] detention basin m aintenance requirem ents. Witness my hand and official seal, CHERYL L LCY Nft" Pubft meemenburp Cour*r aa. or Nora Cam wio 4010 SEAL My commission expires .3A D /-) oi0 Wft Page 2 of 2 Print name: C. Jf W4 M &Ar&K Info ation JJ!W!mf-VA;JFT Build On Engineering • Consulting • Testing GEOTECHNICAL ENGINEERING SERVICES REPORT PROPOSED 8-LEVEL PARKING DECK THE CAPITOL Carnegie Boulevard Charlotte, North Carolina PSI Project 460-65063C Prepared For: CRESCENT RESOURCES 400 South Tryon Street, Suite 1300 Charlotte, North Carolina 28201-1003 October 19, 2007 wwig? DEC 19 2008 DEWETI ANDSN STORE s A EOTECHNICAL ENGINEERING SERVICES REPORT PROPOSED 8-LEVEL PARKING DECK AT THE CAPITOL Carnegie Boulevard Charlotte, North Carolina PSI Project No: 460-65063C Prepared For: CRESCENT RESOURCES 400 South Tryon Street, Suite 1300 Charlotte, North Carolina 28201-1003 Prepared By: PROFESSIONAL SERVICE INDUSTRIES, INC. 5021 West W.T. Harris Boulevard Charlotte, North Carolina 28269 October 19, 2007 Donald W. Brown Jr., P.E. Geotechnical Department M H.CA1P6ly`°?. saio?l7lbl,?l? Q, Karl E. Suter, P.E. Ito ;.> Regional Engineer r?? . TABLE OF CONTENTS 1.0 SYNOPSIS....... 2.0 PROJECT INFORMATION ............................................................. 2.1 Project Authorization & History ............................................ 2.2 Project Description .............................................................. 2.3 Purpose and Scope of Services .......................................... 3.0 SITE AND SUBSURFACE CONDITIONS ............................................ 3.1 Site Location and Description .................................................... 3.2 Site Geology .............................................................................. 3.3 Field Services ............................................................................ 3.4 Laboratory Testing Program ...................................................... 3.5 Subsurface Conditions .............................................................. 3.6 Groundwater Information ........................................................... .....1 ................... 2 ................... 2 ................... 2 ................... 3 ............... 5 ............... 5 ............... 5 ............... 6 ............... 6 ............... 7 ............... 8 4.0 EVALUATION AND RECOMMENDATIONS ....................................................................9 4.1 Site Preparation ................................................................................................... ..9 4.2 Groundwater ........................................................................................................ ..9 4.3 Construction Considerations ............................................................................... 10 4.4 Fill Selection, Placement and Compaction .......................................................... 11 4.5 Foundation Recommendations ........................................................................... 11 4.5.1 Spread Footings with Geopier Support ........................................ 11 4.5.2 Caissons ...................................................................................... 12 4.5.3 Auger-Cast Piles .......................................................................... 14 4.6 Floor Slab Recommendations ............................................................................. 15 4.7 Below-Grade Walls .............................................................................................. 16 4.8 Seismic Site Classification .................................................................................. 17 5.0 REPORT LIMITATIONS .................................................................................................19 Appendix Boring Location Diagram Boring Logs (with Core Logs) Rock Core Photographs Laboratory Test Results Subsurface Profile General Notes 1.0 SYNOPSIS Professional Service Industries, Inc., (PSI) has completed a geotechnical evaluation at the site of the proposed 8-level parking deck at The Capitol development in Charlotte, North Carolina. Our findings, conclusions, opinions and recommendations with regard to site development are summarized in this section. 1. In brief, the project will consist of the construction of an 8-level parking deck, one level of which will be below grade. Other portions of the development will include a second smaller parking deck and a 12-story office/residential building. 2. This exploration for the 8-level parking deck consisted of six soil test borings that were extended to auger refusal material at depths ranging from approximately 24 to 66'/4 feet below the current ground surface. Rock cores were also extracted from two of the six borings to evaluate the auger refusal material. 3. Subsurface conditions at the site generally consist of fill soils underlain by alluvial soils (at one of the six borings), residual soils, soft weathered rock and hard rock. 4. Groundwater was encountered in five of the six borings performed at the site at depths ranging from approximately 19'/2 to 23 feet below the existing grade, or elevations ranging from approximately 6471/ to 642 feet. 5. In general, the site appears suitable for the proposed development, provided that the engineering recommendations herein are implemented. 6. The site meets the criteria for a Seismic Site Class "C". 7. The results of the field testing program and geotechnical analysis indicate that a Geopier-supported spread foundation or deep foundations (caisson or auger-cast piles) are suitable foundation systems for the support of the structure given the heavy loading. The owner/designer/contractor should not rely solely upon the synopsis, and must read and evaluate the entire contents of this report prior to utilizing our engineering recommendations in the preparation of design and construction documents. PSI cannot be responsible for the interpretation or implementation of this report by others. PSI should be retained to perform sufficient services to determine compliance with the recommendations in this report. Detailed analyses of subsurface conditions and pertinent design recommendations are included in the following sections of this report. A boring location diagram, site photographs, boring logs and laboratory test results are presented in the Appendix. Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C 2.0 PROJECT INFORMATION 2.1 Project Authorization & History This report presents the results of a geotechnical evaluation for the proposed parking deck at The Capitol (formerly referred to as Piedmont Town Center Phases 2 and 3) in Charlotte, North Carolina. Our original services were authorized by Mr. Tim Dison of Crescent Resources by means of signed PSI Proposal No. 460-650112 (Revised), dated September 21, 2006. An evaluation of the proposed development was also authorized by the same proposal, which was submitted under a separate cover (PSI Project No. 460-65063B). PSI originally conducted a subsurface exploration and assessment in October 2006 for an 18-story office/condominium building in the same location as the proposed parking deck addressed within this report. Those findings and recommendations were provided in PSI Report No. 460- 65063A, dated October 27, 2006. As mentioned above, at that time the development was referred to as Piedmont Town Center Phases 2 and 3. The data collected during that evaluation was utilized in this assessment. No additional field or laboratory testing was considered necessary to prepare this report. The proposed building footprint for the aforementioned 18-story office/condominium building has since been shifted to the central region of this site. The building has also been reduced to 13- stories (including basement). Additional exploration was required for the new location, which is discussed in PSI Report No. 460-65063A (REVISED). 2.2 Project Description PSI was provided with a site plan in Adobe Acrobat (PDF) format that presents the proposed building configuration. The provided drawings were prepared by ColeJenest & Stone (dated October 1, 2007). The Capitol development will include an 8-level parking deck structure with a footprint of approximately 35,840 square feet (280 feet long by 130 feet wide). Although no construction details were provided at the time of this report, we expect that the proposed structure will consist of concrete construction. It is also our understanding that one of the 8-levels will be constructed below (or partially below) the surrounding grade. As such, the lower level will incorporate concrete basement retaining walls. Based on our experience with the existing parking decks in the neighboring Piedmont Town Center complex, we anticipate maximum column loads of 1,100 kips for this structure. The information presented in this section was utilized in our geotechnical analysis. Therefore, if any of the noted information is incorrect or has changed, please inform PSI so that we may amend the recommendations presented in this report, if appropriate or necessary. 2 Proposed 8-Level Parking Deck at The Capitol Charlotte, North Carolina October 19, 2007 PSI Project 460-65063C 2.3 Purpose and Scope of Services The purpose of this geotechnical evaluation was to determine pertinent subsurface conditions at this site in order to provide conclusions and recommendations regarding the design of foundation system(s) and other geotechnical aspects and to provide construction guidelines with regards to our understanding of the proposed site development. For this project, the following scope of services was performed: • Contacted local utility locating service (NCOCC) to locate existing underground public utilities (October 2006); • Performed a site reconnaissance and reviewed the geologic and surface conditions of the site. • Located and advanced six soil test borings within the proposed 8-level parking deck footprint. All borings were advanced to auger refusal material (October 2006); • Extracted a rock core of the auger refusal material (bedrock) at two of the six borings to evaluate rock quality and for laboratory testing (October 2006); • Installed a temporary piezometer in one of the six boreholes to facilitate stabilized groundwater measurements (October 2006); • Prepared a Boring Log for each test location describing the types of soil and/or rock encountered and other pertinent information (October 2006); • Prepared a boring location diagram and subsurface profiles for reference. • Performed laboratory tests on selected soil samples in order to determine unconfined compressive strength of rock, in-situ moisture contents, moisture- plasticity relationships (Atterberg Limits), and sieve analysis including washed #200 (October 2006); • Conducted a geotechnical engineering evaluation of the available data to provide recommendations regarding foundation type(s) and axial capacities, anticipated deep foundation lengths, lateral earth pressures, slab-on-grade design parameters, IBC seismic site classification (based on N-values to the depths explored) and pavement design; as well as general construction considerations pertaining to shallow rock conditions, excavation (including drilled shaft construction), fill selection and placement and groundwater elevations. • Prepared this engineering report presenting all data, boring/core logs, observations and recommendations. The scope of services did not include an environmental assessment for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or air, on or below or around this site. Any statements in this report or on the boring logs regarding odors, colors, unusual or suspicious items or conditions are strictly for the information of the client. 3 Proposed 8-Level Parking Deck at The Capitol Charlotte, North Carolina October 19, 2007 PSI Project 460-65063C As dictated by the agreed scope of work, PSI did not provide any service to investigate or detect the presence of moisture, mold or other biological contaminants in or around any structure, or any service that was designed or intended to prevent or lower the risk of the occurrence of the amplification of the same. 4 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C 3.0 SITE AND SUBSURFACE CONDITIONS 3.1 Site Location and Description This geotechnical evaluation considers the site for the proposed 8-level parking deck, which will be located to the west of the southwest corner of Carnegie Boulevard in Charlotte, North Carolina. Carnegie Boulevard is a "loop" type road adjacent to the west side of Barkley Downs and north of Fairview Road. At the time of our visit, the ground surface across this portion of the site was generally flat and level with grass and gravel covering. The ground surface beyond the western edge of the site sloped downward to the west at an inclination estimated to be about 2H:1V (horizontal: vertical). In the southwest corner of the site, a drainage feature was observed with flow toward the southwest. PSI was provided with existing topographic information at the time of the original field work in October 2006; however, this information did not appear to be accurate within the northern site, then or now. Based on site observations, the relief (difference in elevation between the highest and lowest points) within the proposed parking footprint is estimated to be less than approximately 5 feet. Numerous underground utilities, including water, sewer, phone and power, were located in the eastern portion of the northern site. At the time of our drilling operations, the ground surface was paved and our equipment experienced no difficulty moving across the site. 3.2 Site Geology The project site is located within Mecklenburg County, North Carolina, and lies within the Charlotte Belt of the Piedmont Physiographic Province of the eastern United States. This province is characterized by broad, gently rolling ridges formed on the stronger bedrock of the area. Between these ridges, lowlands and drainage areas are formed on the less resistant bedrock. The Piedmont is a complex assemblage of igneous (volcanic and plutonic) and sedimentary rocks that were generally formed during the Late Proterozoic Era and the Early Cambrian Period (approximately 550 to 900 million years ago). During and subsequent to formation these rocks were subjected to several major tectonic events, including plate collisions, folding, faulting, and igneous intrusions, that resulted in the uplift and metamorphism of the preexisting rocks. The tectonic activity generally stopped about 200 to 250 million years ago and erosional forces have formed the current ground surface. Review of the USGS Geologic Map of the Charlotte 10 by 2° Quadrangle (1988, by Goldsmith, Milton and Horton) indicates that the site area is underlain primarily by metamorphic rocks, primarily meta quartz diorite and meta volcanic rock of late Proterozoic to Early Cambrian age. In addition, a large mass of plutonic, intrusive, igneous rock comprised of Silurian to Ordovician age granodiorite outcrops across much of the Charlotte, North Carolina area. Residual soils are the result of in-place physical and chemical weathering of the parent bedrock. In this area residual soils generally consist of an upper layer of fine-grained SILT or CLAY underlain by Sandy SILT or Silty SAND. The sand content generally increases with depth. Separating the residual soil from the underlying parent bedrock is typically a transition zone of high consistency material referred to as weathered rock. Weathered rock is subdivided into two classes by the N.C. State Building Code: Soft Weathered Rock (SWR) and Hard Weathered Rock (HWR). Soft Weathered Rock is defined as "broken or partially weathered rock with standard penetration resistance (ASTM D1586) between 50 blows per six inches and 50 blows per inch". Hard Weathered Rock is defined as "broken or partially weathered rock normally having Standard Penetration resistances (ASTM D1586) in excess of 50 blows per inch". 5 s Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C The weathering processes that produced the residual soils and partially weathered rock were extremely variable, due to such factors as rock type and mineralogy, past groundwater conditions, and the tectonic history of the specific area (resulting in localized fractures, joints and faults within the bedrock). Differential weathering of the parent bedrock has resulted in highly variable subsurface conditions, and can include abrupt changes in soil type and consistency over relatively short horizontal and vertical distances. Furthermore, depths to rock can also be highly variable; and suspended boulders, discontinuous rock layers/lenses, or rock pinnacles can be present within the residual soils and transitional zones of soft weathered rock. 3.3 Field Services The subsurface conditions at the parking deck site were evaluated in October 2006 with six soil test borings within the proposed parking deck footprint. All six of the borings were extended to auger refusal material, which was encountered at depths ranging from approximately 24 feet to 66'/4 feet below the exposed ground surface. In addition, rock cores were extracted from two of the borings to evaluate the refusal material (bedrock). The number and location of the borings were determined by PSI and then located in the field using the provided site plan and the onsite features for reference. A boring location diagram (Drawing No. 1), which indicates the approximate boring locations, is presented in the Appendix of this report. Soil test borings were advanced at this site utilizing a track-mounted Dietrich D-50 drilling rig using hollow-stemmed, continuous-flight augers. All boring and sampling operations were conducted in general compliance with ASTM D 1586. At regular intervals, soil samples were obtained with a standard 2-inch O.D. split-barrel sampler. The sampler was rested on the bottom of the borehole and driven to a penetration of 18 inches (or a maximum of 50 blows in 6 inches) with blows of a 140-pound hammer falling 30 inches. The first 6 inches of sampler penetration is considered seating, and the sum of the second and third 6-inch increments of penetration (or fraction thereof) is termed the Standard Penetration Resistance (N-values). NQ2-sized coring tools were used extract the rock samples. 3.4 Laboratory Testing Program The soil samples obtained during the drilling operation were sealed in labeled containers, and transported to our office. Representative samples were selected and tested in the laboratory to determine material properties for our evaluation. The samples were observed and visually classified by a geotechnical engineer in accordance with ASTM D 2488. The Boring Logs are followed by General Notes that explain the terms used in classification. Unless notified to the contrary, all samples will be disposed of after 2 months. In addition to the visual classification of the soil samples, moisture content determination (ASTM D 2216), sieve analysis including washed #200 (ASTM D 422) and moisture-plasticity relationship (Atterberg Limits) (ASTM D 4318) tests were conducted on selected samples. The results of this testing at this site, are included in the Appendix of this report. 6 Proposed 8-Level Parking Deck at The Capitol Charlotte, North Carolina 3.5 Subsurface Conditions October 19, 2007 PSI Project 460-65063C Details of subsurface conditions encountered by the field exploration program are shown on the individual Boring Logs (B-1 through B-6) included in the Appendix of this report. The boring elevations shown on the logs were surveyed in the field by representatives of PSI using sewer manhole rim elevations presented on the provided site plan for reference. The following subsurface description is of a generalized nature, provided to highlight the major soil strata encountered. The logs should be reviewed for specific information as to individual boring locations. The stratification of the soils/rock, as shown on the logs, represents the conditions in the actual test locations; therefore, variations may occur and should be expected between borings. Lines of demarcation represent the approximate boundary between subsurface materials, and the transition may be gradual. It should be noted that, whereas the test borings are drilled and sampled by experienced drillers, it is sometimes difficult to record changes in stratification within narrow limits, especially at great depths. In the absence of foreign substances, it is also difficult to distinguish between discolored soils and clear soil fill. A brief description of the soils encountered at this site is presented in this section. Initially, a thin layer of topsoil ranging from approximately 1 to 2 inches in thickness was encountered in three of the six borings (B-1, B-2 and B-6). Although only 1 to 2 inches of topsoil was encountered in these borings, deeper pockets may exist in unexplored areas of the site. Please note that the term topsoil is a general designation given to soil with elevated organic content. No laboratory testing was performed on the topsoil to determine its organic content; therefore, we cannot comment on the topsoil's applicability for use in horticultural applications. Fill soils were encountered from the ground surface or underlying the topsoil layer in all of the six borings, to depths ranging from approximately 6'/2 to 13 feet below the existing grade. The fill generally consisted of Clayey SILT (MH), Sandy SILT (ML), Lean CLAY (CL), Fat CLAY (CH) and Silty SAND (SM). In addition, the fill encountered in borings B-1, B-5 and B-6 contained some rootlets, wood fragments and other organic matter. The Standard Penetration Resistances (N- values) ranged from 8 to 24 blows per foot (bpf), suggesting the fill soils are generally moderately to well compacted. Alluvial soils were encountered below the fill in boring B-1 at approximately 13 feet below the current grade. The layer of alluvial soil was approximately 9'/2 feet thick. The alluvial soils, which are water-deposited sediments, generally consisted of very stiff fat CLAY (CH) and very stiff lean CLAY (CL). The N-values within the alluvium were 17 and 20 bpf. Residual soils were encountered underlying the alluvial soils in boring B-1 and beneath the fill soils in the remaining five borings. The residual soils encountered consisted stiff to very hard Sandy SILTS (ML), medium dense to very dense Silty SANDS (SM) and very dense Clayey SANDS (SC). The N-values within the residuum ranged from 14 to 68 bpf. Soft weathered rock (SWR) was encountered below the residual soils in all of the borings at depths ranging from approximately 22 to 49 feet below the existing grade. In addition, a lens or boulder of SWR was encountered within the residual soils in boring B-6 (from approximately 14 to 14'/2 feet). The weathered rock consisted of weathered granodiorite and metavolcanic rock, which were sampled as a Silty Fine SANDS and Fine Sandy SILTS, respectively. All of the borings were advanced to auger refusal, which was encountered at depths ranging from approximately 24 to 66'/4 feet. 7 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C Rock cores were extracted at two boring locations (B-1 and B-4) using NQ2 coring tools. In boring B-1 rock coring was conducted with three core runs which extended from approximate elevation 622% to approximate elevation 610% feet. Core recovery and rock quality designation (RQD) both ranged from 0% to 77%. At boring B-1, two different rock types were recovered; medium to coarse grained, hard, gray granodiorite and fine grained moderately hard, gray mafic volcanic rock. Both rock types recovered were very slightly weathered (little staining, few joints, slight chemical alteration). The fracture or joint spacing ranged from close (2 inches to 1 foot) to wide (greater than 3 feet). Iron oxide staining (suggesting groundwater flow) was typically observed along the fractures and joints. In addition, two layers of severely weathered rock (comparable to soft weathered rock) were encountered beneath the top of rock elevation. None of the severely weathered rock, encountered from approximately 44.2 to 46.3 and 49.9 to 52.3 feet in B-1, was recovered. In boring B-4 rock coring was conducted with four core runs which extended from approximate elevation 628'/4 to approximate elevation 613%2 feet. Core recovery and RQD ranged from approximately 77% to 100% and 0% to 34%, respectively. At boring B-4, fine grained, soft to moderately hard, dark brown/gray mafic volcanic rock was recovered. The core recovered was moderate to moderate severely weathered (discolored or stained, chemical alteration and multiple joints). The fracture or joint spacing ranged from close (2 inches to 1 foot) to very close (less than 2 inches). Again, iron oxide staining was typically observed along the fractures and joints. 3.6 Groundwater Information Groundwater level measurements were recorded at the time of completion of drilling and approximately 1 to 5 days after drilling at each boring performed at the site, except as noted on the boring logs. In addition, a temporary piezometer was installed in boring B-4 to facilitate long term groundwater level measurements. Groundwater was encountered in all six of the borings at the approximate depths and elevations presented in Table 1. Table 1: Groundwater Measurements (October 2006) Boring 0-Hr Reading (ft) 24-Hr Reading (ft) 5-Day Reading (ft) Approx. Elevation (ft) B-1 22'/4 19'/2 --- 647'/2 B-2 22'/4 19'/2 --- 644%2 B-3 22'/2 19'/2 --- 643'/2 B-4 24'/4 21% 19% 642% B-6 24'/4 23 --- 643 The groundwater levels presented in this report are the levels that were measured at the time of field activities and fluctuation should be anticipated. We recommend that the Contractor determine the actual groundwater levels at the time of construction to determine groundwater impact on the construction procedures. 8 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C 4.0 EVALUATION AND RECOMMENDATIONS The evaluation and recommendations presented in this report are based on the data obtained from the field exploration and laboratory testing programs, information regarding the proposed construction, and our knowledge of geotechnical engineering. 4.1 Site Preparation Prior to construction, all vegetation, pavement (including stone base), underground utilities, construction materials/debris or any other deleterious materials must be removed from the proposed building area. The crushed stone associated with the existing pavements, which will be removed during stripping can be stockpiled for future use in construction entrances or as project fill provided it can be segregated from asphalt, soil or any other unsatisfactory constituents. The on-site soils, including those encountered at the proposed lower level elevation, contain sufficient amounts of silt and/or clay to render them moisture sensitive. These materials will become unstable when exposed to excess moisture and construction equipment operating over them. If the surface soils become softened/unstable during wet weather or excavation to/below the groundwater table, or frozen during the winter months, these soils should be removed before additional fill is placed. Therefore, these soils should be protected from excessive moisture and excavation/site preparation operations should not be performed during or immediately following periods of high precipitation. The ground surface within the construction limits should be graded so that surface water flows away from the site. It is recommended that the surface of all fill areas be sealed with a smooth-wheel roller at the completion of each day's earthwork activities. Further protection of the site should include the construction of temporary ditches, berms or other surface water diversion devices in order to divert surface water from and not across the site. An "all-weather" surface may be necessary for heavy construction traffic to reduce degradation of the subgrade during construction. Options for stabilizing all weather surfaces include compacted crushed stone or chemical (cement or lime) stabilization. Construction traffic should be limited in areas that are unprotected after precipitation events. 4.2 Groundwater Based on information collected during our fieldwork in 2006, groundwater was encountered in this area at depths ranging from elevation 642% to 647'/2. Although the region is currently experiencing an ongoing drought, the groundwater levels in the recent borings completed for the adjacent mixed-use building are consistent with those recorded in 2006 (generally within 1-foot). Given the depth to groundwater, we do not expect that groundwater will impact the excavation to the planned lower level and the construction of the basement slab (concrete pavement); however, wet or saturated soil strata could still be encountered in isolated areas, as a result of perched (trapped) groundwater. This potential will increase with depth, particularly in the areas underlain by alluvium. We anticipate that the groundwater inflows from such sources can be handled using conventional pumping techniques from the point of seepage or sump pit. It is important to remember that if construction grading begins during the wet season (typically considered November through April in this region), the difficulties handling water will be 9 r Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C much greater than if it begins during the dry season. Adequate safety precautions should be exercised when working around potentially contaminated groundwater, particularly in confined spaces such as drilled shaft and utility excavations. 4.3 Construction Considerations Based on the data available from the borings, it appears that excavations to reach finished subgrade for the below grade parking level will encounter relatively stiff soils. Weathered rock and bedrock are not expected to be encountered above this elevation. Weathered rock and/or rock were encountered at elevations shown in Table 2. Table 2: Weathered Rock and Bedrock Elevations Boring No. Ground Surface Elevation (feet) Weathered Rock Elevation (feet) Auger Refusal Elevation (feet) B-1 667 628 622% B-2 664 629'/2 626 B-3 663 634 615 B-4 662 638 628'/4 B-5 663 641 639 B-6 666 617 599% In evaluating grading considerations, please keep in mind that subsurface conditions, particularly the level and location of rock, whether in boulder or massive form, vary erratically in the Piedmont Geologic Province of which Mecklenburg County and this site are parts. Therefore, additional rock may be encountered at shallow depths. If large boulders or massive rock is encountered during the grading operations between boring locations, blasting may be necessary to facilitate removal. In addition, confined excavations such as utility trenches are more likely to require rock excavation techniques than large open cuts. All excavations should be sloped or shored in accordance with applicable OSHA regulations. In Federal Register Volume 54, No. 209 (October 1989), the United States Department of Labor, Occupational Safety and Health Administration (OSHA) amended its "Construction Standards for Excavations, 29 CFR, Part 1926, Subpart P." This document was issued to better insure the safety of workmen entering trenches or excavations. It is mandated by this federal regulation that all excavations, whether they be utility trenches, basement excavations, or footing excavations, be construction in accordance with the reviewed OSHA guidelines. It is our understanding that these regulations are being strictly enforced and if they are not closely followed, the owner and the contractor could be liable for substantial penalties. The contractor is solely responsible for designing and constructing stable, temporary excavations and should shore, slope, or bench the sides of the excavations as required to maintain stability of both the excavation sides and bottom. The contractor's responsible person, as defined in 29 CFR Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclination, or excavation depth, including utility trench excavation depth, exceed those specified in local, state, and federal safety regulations. 10 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C We are providing this information solely as a service to our client. PSI is not assuming responsibility for construction site safety or the contractor's activities; such responsibility is not being implied and should not be inferred. 4.4 Fill Selection, Placement and Compaction After completion of the site preparation, the placement of any fill required to achieve finished subgrade level can proceed. Any material utilized as fill should not contain rocks greater than 3 inches in diameter or greater than 30% retained on the %-inch sieve. Fill material should not contain more than 3% (by weight) of organic matter or other deleterious material. Typically, the Plasticity Index (PI) for the material should not exceed 25, and the Liquid Limit (LL) for the material should not exceed 50 (Unified Soil Classifications of GW, GM, GC, SW, SM, ML and some SC and CL), as determined by Atterberg Limit (AL) testing (ASTM D4318). Structural fill should possess a maximum dry density (MDD) of at least 95 pounds per cubic foot (pcf) as determined by the Standard Proctor Compaction Test (ASTM D 698). We recommend allowing PSI to evaluate the proposed borrow material for suitability, prior to the start of construction. Fill soils should be placed in loose lifts of eight inches or less in thickness when using conventional large rollers. When using small hand-tamping equipment, lifts should be limited to 6 inches (loose). All controlled fill should be compacted to at least 98% of the material's maximum dry density, as determined by the Standard Proctor Compaction Test (ASTM D 698). The moisture content of the controlled fill should be maintained within 3% of the material's optimum moisture content as determined by the Standard Proctor Compaction Test. It is recommended that the placement and compaction of the fill be monitored by a soil technician, working under the direction of the Geotechnical Engineer, to document that the specified degree of compaction is being obtained. We recommend a minimum of one test per 2,000 square feet (per lift) within the building area. Trench backfill should be tested with a minimum of one test per 150 linear feet (per lift) of trench. 4.5 Foundation Recommendations Based on the standard penetration testing, presence of old fill and alluvium and the anticipated column loads (maximum 1,100 kips) we recommend that the proposed parking deck be founded on spread footings with Geopier support or a deep foundation (caissons or auger- cast piles). Conventional soil-supported spread footings are not recommended due to the potential for excessive settlements under the heavy foundation loads. 4.5.1 Spread Footings with Geopier Support Geopiers are constructed by drilling a hole to create a cavity, removing a volume of compressible subsoil materials, then building a bottom bulb of clean, open-graded stone while vertically pre-stressing and pre-straining subsoils underlying the bottom bulb. The aggregate pier shaft is built on top of the bottom bulb, using well-graded highway base course stone placed in thin lifts (12 inches compacted thickness) above groundwater levels. For shaft- portions that may exist below the groundwater table, clean open-graded aggregate is used. Densification of the bottom bulb and of the undulating shaft lifts is accomplished by using the 11 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C impact ramming action of a modified hydraulic hammer. The tamper consists of a special steel alloy shaft and a round, beveled tamper head. The beveled tamper head assists in transferring force laterally during impact densification, resulting in pushing of aggregate against the confined walls of the cavity. The nature of the soil is to "push back", creating significant lateral pressure buildup in the matrix soil resulting in lateral confinement to the Geopier elements. In addition to increasing shear resistance at the Geopier element perimeter, the increased horizontal stress in the matrix soil improves the matrix soil. For preliminary design purposes, the Geopier-supported spread footings can be designed for a net allowable bearing capacity of 8,000 psf. The allowable bearing pressure should include dead load plus sustained live load. To reduce the detrimental effects of seasonal moisture variations in the soils, for frost protection and for bearing considerations, it is recommended that all foundations be embedded at least 36 inches below the lowest adjacent grade. Laboratory testing was not performed to determine the consolidation characteristics of the soils at this site. Based on the site preparation recommendations provided earlier in this report, along with maximum estimated column and wall loads of 1,100 kips and the above recommended bearing capacity, post-construction settlements for the proposed structure are expected to be on the order of 1 inch. Differential settlements are expected to be '/z-inch or less located along a 40-foot spaced adjacent footings. These settlement estimates are based on the subsurface conditions encountered at the boring locations and assume that similar conditions exist across the site. Further, loading conditions different than those described in this report will result in settlements different than the estimates presented in this report. Footing excavations should be protected from surface water run-off and freezing. If water is allowed to accumulate within a footing excavation and soften the bearing soils, or if the bearing soils are allowed to freeze, the deficient soils should be removed from the excavation prior to concrete placement. We recommend that PSI be retained to monitor the Geopier installer's operations as a Quality Assurance service. PSI's services will supplement the installer's internal Quality Control program. Together, the QA and QC programs will monitor drill depths, Geopier element lengths, average lift thickness, installation procedures, aggregate quality and densification of lifts. At the time of footing excavation, PSI will also check the pier alignment to verify that they are within the footing footprint. 4.5.2 Caissons Due to the heavy loading and differing bearing material, the use of caissons bearing in the bedrock encountered during the subsurface exploration is considered a suitable foundation system. Based on an estimated maximum axial load of 1,100 kips, we anticipate that 48-inch diameter (or greater) caissons will be required to achieve the necessary axial and lateral capacities (lateral typically controls). No uplift or lateral loads were provided at the time of this evaluation; however, such loading will impact the final caisson sizing and lengths. For the design of the caissons, we recommend the end bearing and skin friction values presented in Table 3. Caisson depths are expected to differ greatly depending on subsurface conditions. Based on the boring and rock core data, we anticipate that a 3'h-foot socket into rock will be required to achieve the required compressive capacity for a 48-inch caisson. This equates to caisson depths ranging from approximately 20 to 60 feet below the finished subgrade elevation; however, we recommend an average caisson depth of 40 feet be assumed for bidding purposes, 12 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C only. The total settlement for each caisson, designed in accordance with the recommendations presented in this report are expected to be negligible. Differential settlements are expected to be negligible as well. Table 3: Allowable Design Capacities Stratum End Bearing Capacity (ksfl Skin Friction Capacity(')(ksfl Soil N/A '/2 Soft Weathered Rock 30 3 Rock 60(3) 8 (2) (3) (1) The upper portion of the stratum equal to the shaft diameter or 5 feet, whichever is greater, should be ignored in skin friction capacity computations. (3) For caissons designed using hard rock skin friction in capacity determination, we recommend noting the assumed hard rock embedment depth on the plans for inspection purposes. (4) The design values in this table are reduced below commonly used values for sound rock due to the severe weathering of the bedrock encountered during the exploration. Because existing conditions cannot be fully determined in advance, the design must accommodate possible changes. Caissons should be inspected individually during construction to confirm that they will achieve the required depth/capacity. A shaft-by shaft evaluation of the soil and/or rock conditions is required to confirm adequate support without undue movement. If competent or fractured rock is encountered during construction, above the plan depths, a field adjustment to the shaft length may be performed. However, the shaft lengths must achieve the minimum embedment depths required for lateral loading (if applicable). For inspection purposes, it is helpful to have the design load noted for each caisson; therefore, we recommend that the Structural Engineer consider incorporating such notation on the foundation plans. We recommend that the contractor be required to provide drilling equipment capable of producing a torque of 1 million inch-pounds with a downward pressure of at least 50,000 pounds on the drill at full crowd. In any case, drilling equipment should have adequate power to excavate the maximum diameter shaft, to a depth of 20 percent beyond the depths shown on the plans. Since the shafts are expected to require penetration into weathered rock or rock, the definition of these materials will be important from a cost standpoint. Weathered rock shall be described as material that is not penetrable with conventional earth augers (1 inch or less of penetration in 5 minute) at full crowd and requires the use of rock auger with hardened cutting bits. Rock is defined as a rate of penetration of less than 1 inch in a 15-minute period using a rock auger with hardened cutting bits. The shafts should be cased during construction to allow safe working conditions and to provide a quality installation. Since groundwater will be encountered above the anticipated termination depth of the shaft, the casing will have to be sealed off in the soft weathered rock or rock to reduce groundwater and mud inflows. Pumping should also be expected. Caissons should be evaluated via a drilled test hole, advanced to a depth of 2 times the shaft diameter (6 feet minimum) below the shaft bottom, once advancement of the drilled shaft to the bearing elevation/material is complete. Using a steel "scratch" rod, the test hole should then be evaluated by PSI in order to assess the fracturing and continuity of the material below the shaft bottom. If unsuitable material is detected, it may be necessary to deepen the caisson to penetrate through the unsatisfactory material. The proposed bearing surface should be generally level, which should also be verified by a representative of PSI prior to placement of concrete in the 13 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C shaft. Once PSI completes a bearing material check, the bottom of the excavation should be thoroughly cleaned before concrete is placed. We recommend using concrete with a 28-day compressive strength of 4,000 psi or greater if recommended by the Structural Engineer. During the placement of concrete we recommend that the slump of the concrete be between 4 and 6 inches for concrete placed "in the dry" where there will be no pulling of casing. The slump should be 5 to 7 inches if casing will be pulled, or the shaft is exceptionally heavily reinforced. The slump should be between 7 and 9 inches for concrete that is to be placed by tremie or pumping methods, and the maximum aggregate size should be % inch. This will allow for proper distribution of the concrete and limit the potential for segregation and air pockets. When a tremie is used, the tremie pipe should be embedded in fresh concrete a minimum of 3 to 5 feet throughout concrete placement. If groundwater accumulates in the drilled shaft prior to concrete placement, a tremie pipe should be utilized to place concrete; however, a clean shaft bottom should be confirmed prior to concrete placement. Precautions should be taken to prevent contamination of initial concrete with water. Additionally, the bottom of the tremie should be maintained at least five feet below the top of the concrete. Concrete placement operations should be observed by PSI. Project specifications should require that, prior to commencing concreting operations on each shaft, the contractor should have a sufficient volume of concrete onsite to complete the caisson construction. This will reduce the likelihood of delays during concrete placement operations that could impair shaft continuity. 4.5.3 Auger-Cast Piles It is our opinion that auger-cast piles are also a suitable foundation support system for the proposed structure. Auger-cast piles (a.k.a. cast-in-place, cast-insitu, grout-injected, intruded, or auger press piles) are deep foundation elements that are constructed by advancing continuous-flight, hollow-stemmed augers into the subgrade and injecting grout as the augers are removed. For a typical 18-inch diameter auger-cast pile bearing on bedrock, we recommend an allowable capacity of 400 kips per pile. Grout used in constructing the piles should have a minimum compressive strength of 6,000 psi and be placed with a positive displacement pump with a minimum displacement pressure of 350 pounds per square inch (psi). During the forming of the pile, the minimum required pump strokes per linear foot of pile, as determined by pump calibration and load test, shall be achieved. Pressure of the grout during pumping is to be maintained between 75 and 150 psi and the pump should have an easily visible pressure gauge. If the pressure falls below 75 psi, the auger should be advanced to a point 3 feet lower than the elevation at which the pressure loss occurred. The auger hoisting equipment shall be capable of withdrawing the auger smoothly and at a constant rate. If the auger jumps upward during withdrawal, if the process is interrupted, or if there is decreased grouting pressure, the auger should be reinserted at least 3 feet below the point in question and the pumping process continued. All auger-cast pile rigs should be equipped with automated monitoring equipment to electronically measure and record the incremental grout placement, which is the single most important parameter in installation control. The leads should be marked for the purpose of measurement of auger penetration, at a minimum of 1-foot intervals, in such a manner that the elevation of the auger tip can easily be determined from observations made at the ground level. Auger flights should be continuous and have a nominal outside diameter equal to the pile's design diameter. A plug should be provided at the point of discharge for protection of the 14 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C hollow shaft during augering. Excessively worn augers should not be used. The bit should be a bottom discharge type or should discharge at a point below the auger cutting teeth. Cutting teeth should periodically be replaced as they wear. We recommend a minimum spacing between adjacent auger-cast piles of 3 pile diameters, center-to-center. Augered cast-in-place piles will require special attention during construction to assure that recently placed pile grout is not damaged by adjacent pile installation. A minimum edge-to-edge spacing of at least six pile diameters should be maintained between piles installed on the same day. We recommend that detailed field records be maintained by a geotechnical engineer to verify pile type, location, length, diameter, tip and butt elevations, the quantity of grout actually pumped into each pile hole, and any pertinent remarks. Grout volumes should be monitored both by recording actual pump displacement and by observing the time rate of auger withdrawal. Compressive strength of the grout should be confirmed by casting, curing, and testing grout cubes on a regular basis. We request that we be allowed to review the contractor's proposed equipment and installation procedure prior to mobilization and construction. Total settlements for this type of foundation, considering the estimated loading and subsurface conditions, is anticipated to be less than %-inch; however, this should be verified by the pile designer. 4.6 Floor Slab Recommendations In order to provide uniform support beneath any proposed floor slab-on-grade, we recommend that floor slab be underlain by a minimum of 6 inches of open-graded crushed stone, such as No. 57 stone. In designing the concrete slab-on-grade, we recommend using a modulus of subgrade reaction of up to 130 pci. The crushed rock is also intended to provide a capillary break to limit migration of groundwater through the slab. Additional protection against moisture vapor transmission (through the slab) is recommended. A vapor retarding membrane, sealed with waterproof tape at the joints, penetrations (such as for utilities), and tears should be incorporated into the design per the manufacturer's specifications. The precautions listed below should be closely followed for construction of slabs-on-grade. These details will not prevent the amount of slab movement, but are intended to reduce potential damage should some settlement of the supporting subgrade take place. Cracking of slabs-on-grade is normal and should be expected. Cracking can occur not only as a result of heaving or compression of the supporting soil, but also as a result of concrete curing stresses. The occurrence of concrete shrinkage cracks, and problems associated with concrete curing may be reduced and/or controlled by limiting the water to cement ratio of the concrete, proper concrete placement, finishing, and curing, and by the placement of crack control joints at frequent intervals, particularly, where re-entrant slab comers occur. The American Concrete Institute (ACI) recommends a maximum panel size (in feet) equal to approximately three times the thickness of the slab (in inches) in both directions. For example, joints are recommended at a maximum spacing of 12 feet assuming a four-inch thick slab. We also recommend that control joints be scored three feet in from and parallel to all foundation walls. Using fiber reinforcement in the concrete can also control shrinkage cracking. 15 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C • Some increase in moisture content is inevitable as a result of development and associated landscaping; however, extreme moisture content increases can be largely controlled by proper and responsible site drainage, building maintenance and irrigation practices. All backfill in areas supporting slabs should be moisture conditioned and compacted as described earlier in this report. Backfill in all interior and exterior utility line trenches should be carefully compacted. • Exterior slabs should be isolated from the building. These slabs should be reinforced to function as independent units. Movement of these slabs should not be transmitted to the building foundation or superstructure. 4.7 Below-Grade Walls The proposed parking deck will include below-grade walls that will act as earth retaining structures. These retaining walls are expected be constructed with cast-in-place concrete or pre- cast concrete panels. To reduce hydrostatic pressure on the wall(s), we recommend that a free-draining backfill material be used behind the wall. In designing the wall, we recommend using the following earth pressure coefficients, which are estimated for the subgrade soils encountered during the exploration. For walls that are restrained from lateral movement at the top, such as the case with basement walls, we recommend the use of the "at-rest" condition. The below recommendations are for a drained condition and assume that water will not be allowed to accumulate behind the wall by means of a drainage system(s). Table 4: Retaining Wall Design Data Material Internal Angle Moist Unit Active At-Rest Passive Group of Friction, (°) Weight, y , K. , K. , Kp Symbol c SM 30 125 0.33 0.50 3.00 ML 26 115 0.39 0.56 2.56 #57 Stone 36 120 0.26 0.41 3.85 Notes: (1)A coefficient of sliding friction of 0.35 can be used for foundations bearing on the sands and silts encountered at the site, respectively. (2) These lateral earth pressure recommendations are for backfill placed against a retaining structure without a slope or consideration of line loads or surcharges. It should be understood that the estimated values presented above are ultimate and no factor of safety has been applied. We recommend a minimum factor of safety of 2 or more be used when computing restraining forces because no strength tests have been performed on the backfill materials. The previously recommended soil parameters are average values based on our experience. Triaxial shear tests of soils in this geologic region indicate that there could be potential scatter of about 30 percent in soil parameters. Remolded triaxial shear tests on retaining wall backfill are necessary to obtain more precise design parameters. This testing 16 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C was not included in the present scope of work. If authorized, we will perform laboratory tests to obtain site-specific design parameters. Regardless of the material utilized to backfill the below-grade walls, we recommend that a drain consisting of a 4-inch diameter, perforated plastic pipe be placed behind the wall, at the top of footing level. This drain should be installed with adequate fall (elevation change) to route water to daylight under gravity flow. 4.8 Seismic Site Classification The project site is located within a municipality that employs the 2006 N.C. State Building Code (effective July 1, 2006), which is an amended adoption of the International Building Code, (2003 edition). As part of this code, the design of structures must consider dynamic forces resulting from seismic events. These forces are dependent upon the magnitude of the earthquake event as well as the properties of the soils that underlie the site. As part of the procedure to evaluate seismic forces, the code requires the evaluation of the Seismic Site Class, which categorizes the site based upon the characteristics of the subsurface profile within the upper 100 feet of the ground surface. To define the Site Class for this project, we have interpreted the results of soil test borings drilled within the project site and estimated appropriate material properties below the base of the borings to a depth of 100 feet, as permitted by Section 1615.1.1 of the code. The estimated soil properties were based upon our experience with subsurface conditions in the general site area. Based upon the recorded SPT N-values recorded in the field exploration, the support soils within the site are consistent with the characteristics of a Site Class "C" as defined in Table 1615.1.1 of the building code. The associated USGS-NEHRP (2002) probabilistic ground acceleration values and site coefficients for the general site area were obtained on the USGS geohazards webpage (http://earthquake.usgs.gov/research/hazmaps/design) and are presented in Table 5 below. Table 5: Ground Motion Values* Period (seconds) Spectral Response Acceleration** % Site Coefficients PGA 14.81 --- 0.2 SS 32.75 Fa 1.20 1.0 S, 10.79 F„ 1.69 *2% Probability of Event in 50 years for Latitude 35.153689 and Longitude -80.841178. **At 8-C interface. The Site Coefficients, Fa and F„ presented in the above table were also obtained from the noted USGS webpage, as a function of the site classification and mapped spectral response acceleration at the short (Ss) and 1-second (Si) periods, but can also be interpolated from IBC Tables 1615.1.2(1) and 1615.1.2(2). For sites that are classified as Seismic Design Category C, D, E or F, which is contingent upon the Seismic Use Group, the code requires an assessment of slope stability, liquefaction potential and surface rupture due to faulting or lateral spreading. Detailed evaluations of these factors were beyond the scope of this study. However, the following table presents a qualitative assessment of these issues considering the site class, the subsurface soil properties, the groundwater elevation and probabilistic ground motions. 17 Proposed 8-Level Parking Deck at The Capitol Charlotte, North Carolina Table 6: Qualitative Seismic Site Assessments October 19, 2007 PSI Project 460-65063C Hazard Relative Risk Comments The subsurface profile within the upper 66 feet of Liquefaction Low the ground surface contains relatively stiff and medium dense materials, with sufficient fines that are not typically susceptible to liquefaction. Based on the grading plans, 2H:1 V fill slopes are planned for the west side of the site. Such slopes Low to could potentially be compromised during a seismic Slope Stability* Moderate event, depending on fill types and crest loading conditions. To assess the risk of failure during such an event, a slope stability evaluation would be necessary. Surface Rupture Low No known active faults are known to underlie the site. *A slope stability analysis, including it's stability during a seismic event, was beyond the scope of work. 18 Proposed 8-Level Parking Deck at The Capitol October 19, 2007 Charlotte, North Carolina PSI Project 460-65063C 5.0 REPORT LIMITATIONS The recommendations submitted are based on the available soil information obtained by PSI and design details furnished by Crescent Resources for the proposed project. If there are any revisions to the plans for this project or if deviations from the subsurface conditions noted in this report are encountered during construction, PSI should be notified immediately to determine if changes in the foundation, or other, recommendations are required. If PSI is not retained to perform these functions, PSI cannot be responsible for the impact of those conditions on the performance of the project. The geotechnical engineer warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional geotechnical engineering practices in the local area. No other warranties are implied or expressed. After the plans and specifications are more complete, the geotechnical engineer should be provided the opportunity to review the final design plans and specifications to assure our engineering recommendations have been properly incorporated into the design documents. At that time, it may be necessary to submit supplementary recommendations. This report has been prepared for the exclusive use of Crescent Resources for the specific application to the proposed 8- level parking deck at The Capitol in Charlotte, North Carolina. 19 BORING LOCATION DIAGRAM SONN? i E oAr- L IL . R 7 A p ? 11 i BORING LOGS (with Core Logs) BORING LOG Report No.: 460-65063C Information [Aw To Build On DATE: October 20, 2006 Engineering - Consulting - Testing Project: The Capitol - 8-Level Parking Deck Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B- 1 I Total h 56.2' Surface Elev: 667 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: D50 TX Started: 10/12/06 Completed: 10/12/06 Driller: RDD Approx. Elevation** Depth** DESCRIPTION OF MATERIALS (Cla sifi ti n) Sample Bl * Sample Depth N VAL UE (bpf) A PL /oMC LL N s ca o ows (Feet) 2 5 10 20 30 40 50 60 80 666 8 0 2 TOPSOIL 1 0 A . . . FILL - Red/Brown, Clayey SILT (MH) with 3-5-5 2.5 10 rootlets and slight organic odor - moist. 4-7-10 3.5 17 661.0 6.0 5.0 FILL - Brown and Gray, Clayey SILT (MH) 4-6-7 6.0 • 13 with gravel and some organics (and organic 7 5 , odor) -moist. 5-5-6 . 8.5 •: ...... .......:...:...:..... ....:...:... ..:........ 11 10.0 : . 654.0 13.0 ALLUVIAL - Very Stiff, Tan and Light Gray, 5-9-11 13.5 1 0 A .....:...:....: - 20 Silty Lean CLAY (CL) - moist. 5. 648 0 19 0 . . 8 8 9 18.5 .A 17 ALLUVIAL - Very Stiff Tan and Gray Silt - - 20 0 , , y . 644.5 22.5 Fat CLAY (CH) with rootlets - moist. RESIDUAL - Medium Dense Brown Tan 23 , , .5 and Black Micaceous Silty Fine to Medium ty 10-12-16 2 ...... .... .... ... ... .... ;....:....:...:..; ..: .. .. 28 , , 5.0 . . . . : : . 639.5 27.5 SAND (SM) - moist. Very Dense Dark Gray Silty Fine SAND 28 5 : , , (SM) - moist 20-20-35 . :A 55 . 30.0 23-25-30 33.5 A_ .... : . . : : ; : : : : . 55 35.0 . . . .. . ... .. .... .. .... ... .. ... . ....... 628 0 39 0 . . SOFT WEATHERED ROCK - Sampled as 25 " 38.5 39.4 100 Tan and Black, Silty SAND (SM). 622 8 44 2 43 5 . . 7-5 . 100 Auger Refusal @ 44.2 feet 43.7 .....:...:....:.... ...................... Boring advanced with NQ2 coring tools from 44.2 to 56.2 feet. Please see attached core boing log. 610.8 56.2 Coring Terminated @ 56.2 feet Groundwater: 0 Hour - 22.3 feet 24 Hour -19.6 feet; Caved at 25.2 feet -NUmoer or Diows requreo Tor a 14u iD nammer dropping 3l1" to dnve 2" O.D., 1.375" 1. D. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. DATE: OCTOBER 12, 2006 CORE BORING REPORT PSI PROJECT: PTC II I.D. NO.: 460-65063C BORING NO.: B-1 LOGGED BY: STEEGE DESCRIPTION: THE CAPITOL - 8 LEVEL PARKING DECK DRILLER: SEILER LOCATION: Charlotte, North Carolina COLLAR ELEVATION: 667. FT TOTAL DEPTH: 56.2 FEET SHEET: 1 of 1 Elev. ft Depth (ft) Drill Rate min./ft Run Length ft REC (ft) % RQD (ft) % Sample # FIELD CLASSIFICATION AND REMARKS 622.8 FT 44.2 FT 622.80 44.20 2.00 0.00 0.00 44.2 TO 46.3 FEET: WEATHERED ROCK - NO RECOVERY 0.0% 0.0% R U N 1 620.80 46.20 620.80 46.20 5.00 3.60 2.40 46.3 TO 49.9 FEET: VERY SLIGHTLY WEATHERED, MODERATELY HARD, GRAY, MAFIC METAVOLCANICS. CLOSE TO MODERATELY CLOSE FRACTURE SPACING. LOW AND HIGH ANGLE FRACTURES WITH IRON OXIDE STAINING. 72.0% 48.0% R U N 2 49.9 TO 52.3 FEET: WEATHERED ROCK - NO RECOVERY 615.80 51.20 615.80 51.20 5.00 3.85 3.85 77.0% 77.0% U 52.3 TO 56.2 FEET: VERY SLIGHTLY WEATHERED, HARD, GRAY, GRANODIORITE. CLOSE TO WIDE FRACTURE SPACING. LOW ANGLE FRACTURES WITH SOME IRON OXIDE STAINING. N 3 610.80 56.20 610.8 FT 56.2 FT CORING TERMINATED AT 610.8 FT (56.2 FT) DRILLING EQUIPMENT: Dietrich 0-50TX with manual hammer HOLE ADVANCEMENT: NSA from 0.0 to 44.2 feet using 2.25' hollow stem augers Casing set at 44.2 feet. NQ2 coring tools 44.2 to 56.2 feet. NOTES: BORING LOG Report No.: 460-65063C N , Information /r To Build On DATE: October 20, 2006 Engineering - Consulting - Testing Project: The Capitol - 8-Level Parking Deck Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-2 Total epth 38.0' 1 D Surface Elev: 664 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: D50 TX Started: 10/12/06 Completed: 10/12/06 Driller: RDD Approx. El ti " Depth** DESCRIPTION OF MATERIALS Cl if ti Sample Bl ' Sample a Depth p N VAL UE (bpf) A PL /oMC LL N eva on ( ass ica on) ows (Feet) 2 5 10 20 30 405060 80 663 8 0 2 TOPSOIL 1 0 . . . A FILL - Tan, Brown and Gray, Clayey Sandy 8-11-13 2 5 24 SILT (ML) - moist. 7-11-13 3.5 16 A 24 O.U A 656 0 8 0 6-7-8 6.0 , 15 . . 7 5 RESIDUAL - Very Stiff to Very Hard, Brown 5-12-14 . 8.5 ?A ......:...:....:...:...:.....:..............:. 26 and Tan, Clayey Sandy SILT (ML). 10.0 1 8-10-14 3.5 1 0 1r 24 5. . 9-11-18 18.5 ...:. . . . 29 20.0 23 5 10-15-22 . . ..;.... .. .....:....:....:. ...... 37 25.0 2 . 15-30-38 8.5 68 30.0 ............ ... . . . . . 629.5 34.5 20-38 33.5 100 626.0 38.0 SOFT WEATHERED ROCK - Sampled at Brown, Sandy SILT (ML) - moist. 50/4" 34.8 ............................. . Auger Refusal @ 38 feet Groundwater: 0 Hour - 22.3 feet 24 Hour - 19.5 feet °Number of blows required for a 140 lb hammer dropping 30" to drive 2" O.D., 1.375" I.D. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. "Depths and elevations rounded to the nearest tenth of a foot. BORING LOG Report No.: 460-65063C mb Information To Build On DATE: October 20, 2006 Engineering - Consulting - Testing Project: The Capitol - 8-Level Parking Deck Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-3 Total Depth 48.1' Surface Elev: 663 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: D50 TX Started: 10/12/06 Completed: 10/12/06 Driller: RDD Sample N VAL UE (bpf) A Approx. El ti ** Depth** DESCRIPTION OF MATERIALS Cl if ti Sample Bl * Depth PL /oMC LL N eva on ( ass ica on) ows (Feet) 2 5 10 20 30 405060 80 FILL - Brown/Gra Sand Elastic SILT (MH) y, y 1.0 y 18 660 0 3 0 with small rock fragments rootlets - moist 12-9-9 2 5 . . . , . FILL - Brown/Red and Gray, Sandy Elastic 3-4-6 3.5 10 657.0 6.0 SILT (MH) and Fat CLAY (CH) - moist to wet. 5.0 FILL -Brown/Red and Gray, Clayey Sandy 4-4-9 6.0 13 SILT (ML) with some rock fra me ts moist 7 5 g n - . . 651.0 12.0 10.0 RESIDUAL - Hard and Very Stiff, Tan/Gray, 13 5 Fine Sandy SILT (ML) - moist. 12-15-20 . 15 0 ................................:....:...:..:.:..:.. 35 . 18 5 A 6-8-10 . 20 0 ..... ......... .... 18 . 23 5 20-25-20 . 25 0 ..... :.......:.. 0.:..... .:....... .. ... .... .. 45 . . . . 634 0 29 0 28 5 . . SOFT WEATHERED ROCK - Sampled as 35 5015" . 29.4 ..... :..:....:...:...:.......:. 100 Brown/Gray, Silty Fine SAND (SM) - moist to wet. 33 5 !16 35 . ; : 100 " 50/5 34.4 ...... ................... .... .. 38 5 37 6014" . 100 39.3 .:.......:............................ ..... bu7b 43.5 100 43.9 ................................. 614.9 48.1 Auger Refusal @ 48.1 feet Groundwater: 0 Hour - 22.5 feet 24 Hour - 19.6 feet -Numoer or DHOWS requrea Tor a 14u iD nammer aropping Ju" to anve "l' U.U., 1A15" I.U. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. BORING LOG Report No.: 460-65063C AN Information -Wi; l 'E To Build On Engineering - Consulting - Testing DATE: October 20, 2006 Project: The Capitol - 8-Level Parking Deck Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-4 De tlh 48.5' Surface Elev: 662 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: D50 TX Started: 10/12/06 Completed: 10/12/06 Driller: RDD Sample N VAL UE (bpf) A Approx. El ti ** ** Depth** DESCRIPTION OF MATERIALS Cl ifi ti Sample Bl * Depth PL /oMC LL N eva on ( ass ca on) ows t) 2 5 10 20 30 40 50 60 80 FILL - Brown Sand SILT (ML) with small , y 1.0 659 0 3 0 rock fragments - moist 6-7-11 2 18 . . . .5 FILL - Gray/Brown, Clayey Sandy SILT (ML) 5-6-6 3.5 12 655 5 6 5 with some small rock fragments - moist. 5.0 . . 6 11 6 0 y 18 654 0 8 0 RESIDUAL - Ver Stiff Tan/Gra Cla e -7- . . . , y, y y y 7 5 Sandy SILT (ML) - moist. 8-16-32 . 8 5 ' 48 Hard to Very Hard, Brown/Gray, Fine Sandy . 10 0 ...... ....... ...:..:.......... ......... SILT (ML) - moist. . 12-24-40 13.5 1 0 .....:...:...:. ?.:.....:....:. . 64 5. 18 25-28-26 .5 20 0 .. ......:...:. 54 . 638 0 24 0 23 5 . . . ? 100 SOFT WEATHERED ROCK - Sampled as 24.4 ......... . Brown/Gray, Sandy Silt (ML). 28 5 ' 100 50/5" 29.4 ............................. 628.2 33 8 . Auger Refusal @ 33.8 feet 33.5 33.8 0 00 Boring advanced with NQ2 coring tools from 33.8 to 48.5 feet. Please see attached core boring log. 613.5 48.5 Coring Terminated @ 48.5 feet. Groundwater: 0 Hour - 24.3 feet; Caved at 30.2 feet 24 Hour - 21.7 feet 5 Day - 19.8 feet Number of blows required tor a 14U lb hammer dropping 30" to drive 2" O.D., 1.375" I.D. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. DATE: OCTOBER 12, 2006 CORE BORING REPORT PSI PROJECT: PTC II I.D. NO.: 460-65063C BORING NO.: B4 LOGGED BY: STEEGE DESCRIPTION: THE CAPITOL - 8 LEVEL PARKING DECK DRILLER: SEILER LOCATION: Charlotte, North Carolina COLLAR ELEVATION: 662. FT TOTAL DEPTH: 48.5 FEET SHEET: 1 of 1 Elev. (ft) Depth ft Drill Rate min./ft Run Length ft REC (ft) % ROD (ft) % Sample # FIELD CLASSIFICATION AND REMARKS 628.2 FT 33.8 FT 628.20 33.80 2.20 1.70 0.00 33.8 TO 48.5 FEET: MODERATE TO MODERATE SEVERELY WEATHERED, SOFT TO MODERATELY HARD, DARK BROWN/GRAY, MARC METAVOLCANICS. CLOSE TO VERY CLOSE FRACTURE SPACING. LOW AND HIGH ANGLE 77.3% 0.0% R U FRACTURES WITH IRON OXIDE STAINING. N 1 626.00 36.00 626.00 36.00 5.00 5.00 0.00 100.0% 0.0% R U N 2 621.00 41.00 621.00 41.00 5.00 5.00 1.70 100.0% 34.0% R U N 3 616.00 46.00 616.00 46.00 2.50 2.30 0.50 92.0% 20.0% R U N 4 613.50 48.50 CORING TERMINATE 613.5 FT (48.5 FT) DRILLING EQUIPMENT: Dietrich D-50TX with manual hammer HOLE ADVANCEMENT: HSA from 0.0 to 33.8 feet using 2.25" hollow stem augers Casing set at 33.8 feet. NC2 coring tools 33.8 to 48.5 feet. NOTES: BORING LOG Report No.: 460-65063C ~?li Information /r To Build On DATE: October 20, 2006 Engineering - Consulting - Testing Project: The Capitol - 8-Level Parking Deck Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B- 5 9 Total 24.0' Depth Surface Elev: 663 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: D50 TX Started: 10/12/06 Completed: 10/12/06 Driller: RDD Approx. Elevation** Depth- DESCRIPTION OF MATERIALS (Classification) Sample Bl * Sample Depth N VAL UE (bpf) A pL /oMC LL N ows (Feet) 2 5 10 20 30 405060 80 FILL - Brown/Tan Cla e Sand SILT (ML) , y y y with trace to some small rock fragments - 6-9-8 1.0 ti 17 2.5 moist. 6-8-11 3.5 . : : 19 657.0 6.0 5.0 .... .... ......... ... 655 0 8 0 FILL -Brown, Clayey Sandy SILT (ML) with 6-9-14 6.0 23 . . trace rootlets small wood fragments -moist 7 5 , . RESIDUAL (POSSIBLE FILL) - Ver Stiff 7-10-16 . 8.5 ti .. ... ..... ... ... ... .... . 26 651.0 12.0 , y Tan and Gray, Clayey Sandy SILT (ML) with 10.0 : . . . : . some Fat CLAY (CH) seams -moist. : RESIDUAL - Hard, Brown and Tan, Clayey 10-17-28 13.5 1 0 ?.....:.A ...:...:..:..:. 45 646.0 17.0 Sandy SILT (ML) - moist. 5. Very Dense, Tan/Gray, Clayey Fine to Coarse SAND (SC) - moist. 21-22-34 18.5 : 56 641.0 22.0 20.0 ......... . 639.0 24 0 SOFT WEATHERED ROCK - Sampled as . Tan/Gray, Silty SAND (SM). 23 8 Auger Refusal @ 24 feet Groundwater: 0 Hour - Dry; Caved at 21.4 feet 24 Hour - Dry . - Numoer OT Diows required tor a i40 id nammer dropping ;3u" to dnve 2" O.D., 1.375" I.D. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. BORING LOG L : I nformation /To Build On Report No.: 460-65063C DATE: October 20, 2006 Engineering - Consulting - Testing Project: The Capitol - 8-Level Parking Deck Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-6 To tal 66.3' Depth Surface Elev: 666 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: D50 TX Started: 10/13/06 Completed: 10/13/06 Driller: RDD Approx. ** Elevation Depth** DESCRIPTION OF MATERIALS (Classification) Sample Bl * Sample Depth N VAL UE (bpf) A PL /oMC LL N ows (Feet) 2 5 10 20 30 405060 80 665 8 0 2 TOPSOIL . . 1.0 A FILL - Brown/Gray, Elastic SILT (MH) with 4-4-4 2.5 8 small rock fragments, trace rootlets - moist to 4-5-6 3.5 • : : 11 660.0 6.0 wet. 5.0 .............. ..... ... 658 0 8 0 FILL -Red/Brown/Gray, Elastic SILT (MH) 3-4-5 6.0 A 9 . . with rootlets small wood fra ments - moist 7 5 , g . 4 4 6 . 655.0 11.0 FILL - Red/Brown, Sandy Fat CLAY (CH) with - - 8.5 . 10 small rock fragments - moist. 10.0 652.2 13.8 RESIDUAL - Tan/Brown Clayey Sandy SILT 651.7 14.3 :• • , jr (ML) - moist. 5016-- 13.5 14.0 ............:..........:....:..... .... 100 " RESIDUAL Boulder. Medium Dense, Brown and Tan, Silty Fine to Coarse SAND (SM) - moist to wet. 5-5-9 18'5 20 0 . 14 . 2 5-8-9 3.5 . : : ; : : 17 639.0 27.0 25.0 .... ... .... ... .... ........ Medium Dense, Brown, Silty Fine SAND (SM) .: - moist to wet. 9-12-15 28.5 : : : : . 27 30.0 ................... ..... ... .... ...... ......... •: 10-9-11 33.5 : 20 629.0 37.0 35.0 ..... . . Hard to Very Hard, Gray and Brown, Fine Sandy SILT (ML) - moist to wet. 15-19-29 38'5 : : : : 48 40.0 ...............:................ .... ... .........:.. 15-29-30 43.5 : ' 59 617 0 49 0 45.0 ...... . ...... . ..... . . SOFT WEATHERED ROCK - Sampled as Fine Sandy SILT (ML). 48.5 49.5 ........................:...; ... 100 53.5 54.0 58 5 ..... .......:. ................ 1 0 0 . 58.8 63 5 ......:...:....:...:..:.....:....:....:...: 100 599.7 66.3 50/2" . 63.7 ...........................:.................. 100 Auger Refusal @ 66.3 feet Groundwater: 0 Hour - 24.3 feet; Caved at 29.1 feet 24 hour - 23 feet rvumuei ui uiuws requireu ror a i40 io hammer dropping 3u° to anve z•• u.D., 1.315" I.D. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. ROCK CORE PHOTOGRAPHS The Capitol - 8 Level Parking Deck Charlotte, North Carolina PSI Project No. 460-65063C LABORATORY TEST RESULTS Rock Core Compression Test Results (ASTM D7012-04. Method C) Core ID B-1 B-4 B-8 Sample Depth (ft) 47 - 47.3 47.2-47.5 50.2-50.6 Core Length (in) 4.279 4.292 4.561 Core Dia. (in.) 1.99 1.97 1.99 Max. Load (lb) 32,790 2,060 2,240 Cross-Sectional Areas . in. 3.11 3.05 3.11 Compressive Strength (psi) 10,543.408 675.410 720.257 Rock cores prepared in general accordance with ASTM D4543-04. LIQUID AND PLASTIC LIMITS TEST REPORT 110 90 - ? Dashed line indicates the approximate - . it r n l il ? lim uppe boundary for atura so s 70 o z F 50 CL i i 30 i 0% CV 10 4 ,c IVIL Gr ()I_ MIS or OH 10 30 5D 70 90 110 LIQUID LIMIT MATERIAL DESCRIPTION LL PL PI %<#40' %<#200 uscs • Fat CLAY 90 24 66 97.0 86.1 CH • Clayey SAND 51 19 32: 67.5 47.6 SC ? Sandy SILT 49 28 21 8010 68.8 ML Project No. 460-65063 Client: 'Crescent Resources Remarks: Project: Piedmont Town Center Phase II &III Received 643.7%a Moisture ¦Received aa) 15.6% Moisture * Source: B- 1 'Elev./Depth: 18.5'- 24' • Received @ 25.0%> Moisture ¦ Source: B- 5 EIevJDepth: 18,5'- 20' A Source: B-9 EIev.lDepth 1' - 2.51 Professional Service Industries, Inc. Charlotte, NC Report No. Particle Size Distribution Report M1'4AI'M C171= _ mm SOIL DATA +31, % Gravel Coarse Fine Coarse % Sand Medium Fine % Fines Sift 0 0�0 0.0 03 0.3 2.0 10.9 86.1 11. 0.0 0.0 2.2- 1 L2 19.1 119.9 47.6 0 0.0 0;0 5':1 5.3 9.6 11.2 68:8 i SOIL DATA SYMBOL SOURCE SAMPLE DEPTHNO. ft Material Description USCS 0 B-1 183- 20' Fat CLAY CH B-5 185- 20' Clayey SAND SC o B-9 V- 2.5' Sandy SILT ML Professional Service Client: Crescent Resources Industries, Inc, Project: Piedmont Town Center`Pbase 11 & III SUBSURFACE PROFILES r ? A p rn ¦$ o? O O A 44 N m O + b b ° ? m a O r D c 7AC m m p ? ? m c z v ? c y c $ 3 n 8 N c ? m m c r a W ° m N T 6i V Mi o a 3 o T ? o x ic m m O m rm m r p m r O 0 " z I o IM A rri > m m w N s o ro 0 1 z O OD Z 1 O O O O O O N A N m O N V V A O O O ?0 m o I V ? 4.1 m A 7 ? O Z G7 v rn I ? o u CO) C ? P P Cl) O N O O O N N1 UWI V W O W ?ti ( ^ [[11 b b o _ m m m V ? O v r o T 3 r r n 7C m rm m O m r c z D m r v y C N m m m c ao N m m T z C m A C CO) r W m m D O CD V 44 A ? N A A ? ° ?+ m s a to ro _ Fn r o0 m v 0 3 x c°fi+ o? O Cl) a ? 0 0 0 I O rt m 00 Z O N N N (A ?J N O W V O to V S 1- MI r 7 o ? o o z G7 v m o a SITE PHOTOGRAPHS '4 GENERAL NOTES s GENERAL NOTES SAMPLE (DENTFICATION TERMS (COHESNE SOIL* Very Sell Soft Firm (Medium) Still Very SK Hard Very Hard The Willed Soil Clanillcation System (1SCS) Is used to idendfy all soil samples unless otherrvko noted. RELATNE DENSITY & CONSISTENCY CLASSIFICATIONS TERMS ZION-COHESR(E SOILS) STANDARD PENETRATION RESISTANCE Very Loose 0-4 Loose 5-10 Medium Dense 11 - 30 Dense 30-50 Very Dense Over 50 PARTICLE SIZE SOIL CLASSIFICATION KEY Rock ¦ Asphalt Weathered Rock Concrete ® Rubble Fig Material Topsoil Or" (Fill Boulders 81n. + Coarse Sand 5 mm - 0.6 mm SIR 0.074 mm - 0.005 mm Cobbles 6 In. - 3 In. Medium Sand 0.6 mm - 0.2 mm Clay Less than 0.005 mm Gravel 3 in. - 5 mm Firm Sand 0.2 mm - 0.074 mm DRILLING SYMBOL KEY Auger Probe Q Groundwater @ A N Value Plotted Liquid Limit (LL) & H Plastic Limit (PQ _ Time of Drilling Plotted Undisturbed Sample . = Groundwater @ Moisture Content HSA- Hollow Stem Auger Drilling (Shelby Tube) _ 24+ Hours Plotted (Mc%) WD - Wash Drilling MUD - Mud Drilling 11r r01711at1011 TO Build On Englaeodng • Consrrhing - Tosd" STANDARD PENETRATION RESISTANCE 0-2 3-4 5-8 9-15 16-30 31 - 50 Over 50 M1 SO/ SAND (SM) ® Sandy or Silty CLAY (CL) (LOW Plesucim Clayey SAND (SC) VXA ® Sandy or SOW CLAY (CH) VZA (Nigh Ptaat?cso Peony Oreded SAND Sandy SILT (MLA (SP) fl] (Low Ef ft#A Weq Orsded SAND Clayey SLT (MH) mm ® (H1W? EhMk#A J, GEOTECHNICAL ENGINEERING SERVICES REPORT PROPOSED 12-STORY MIXED-USE BUILDING THE CAPITOL Carnegie Boulevard Charlotte, North Carolina PSI Project 460-65063A (Revised) Prepared For: CRESCENT RESOURCES 400 South Tryon Street, Suite 1300 Charlotte, North Carolina 28201-1003 October 26, 2007 GEOTECHNICAL ENGINEERING SERVICES REPORT PROPOSED 12-STORY MIXED-USE BUILDING AT THE CAPITOL Carnegie Boulevard Charlotte, North Carolina PSI Project No: 460-65063A (Revised) Prepared For: CRESCENT RESOURCES 400 South Tryon Street, Suite 1300 Charlotte, North Carolina 28201-1003 Prepared By PROFESSIONAL SERVICE INDUSTRIES, INC. 5021 West W.T. Harris Boulevard Charlotte, North Carolina 28269 October 26, 2007 Donald W. Br r-,1nr`E. Geotechnical Department Manager G. Pete Singh, P.E. District Manager M% 92% w%wo s TABLE OF CONTENTS 1.0 SYNOPSIS ........................................................................................................................1 2.0 PROJECT INFORMATION .............................................................................................:.2 2.1 Project Authorization & History .............................................................................. 2 2.2 Project Description ................................................................................................2 2.3 Purpose and Scope of Services ............................................................................ 3 3.0 SITE AND SUBSURFACE CONDITIONS ........................................................................4 3.1 Site Location and Description .............................................................................. ..4 3.2 Site Geology ........................................................................................................ ..4 3.3 Field Services ...................................................................................................... ..5 3.4 Laboratory Testing Program ................................................................................ .. 5 3.5 Subsurface Conditions ........................................................................................ .. 6 3.6 Groundwater Information ..................................................................................... ..6 4.0 EVALUATION AND RECOMMENDATIONS .................................................................. ..8 4.1 Site Preparation ................................................................................................... ..8 4.2 Groundwater ........................................................................................................ ..8 4.3 Construction Considerations ............................................................................... .. 9 4.4 Fill Selection, Placement and Compaction .......................................................... 10 4.5 Foundation Recommendations ........................................................................... 10 4.6 Floor Slab Recommendations ............................................................................. 11 4.7 Below-Grade Walls .............................................................................................. 12 4.8 Seismic Site Classification .................................................................................. 13 5.0 REPORT LIMITATIONS .................................................................................................15 Appendix Boring Location Diagram Boring Logs Laboratory Test Results Subsurface Profile Site Photographs General Notes • 1.0 SYNOPSIS Professional Service Industries, Inc., (PSI) has completed a geotechnical evaluation at the site of the proposed 12-story mixed-use building at The Capitol development in Charlotte, North Carolina. Our findings, conclusions, opinions and recommendations with regard to site development are summarized in this section. 1. In brief, the project will consist of the construction of a 12-story mixed-use building, with an additional basement level. Other portions of the development will include two parking decks. 2. This exploration for the 12-story mixed-use building consisted of six soil test borings that were extended to depths ranging from approximately 32'/2 to 73'/2 feet below the current ground surface. 3. Subsurface conditions at the site generally consist of fill soils underlain by alluvial soils (at one of the six borings), residual soils, weathered rock and hard rock. 4. Groundwater was encountered in all of the six borings performed at the site at depths ranging from approximately 19'/4 to 38 feet below the existing grade, or elevations ranging from approximately 645 % to 626 feet. 5. In general, the site appears suitable for the proposed development, provided that the engineering recommendations herein are implemented. 6. The site meets the criteria for a Seismic Site Class "C". 7. The results of the field testing program and geotechnical analysis indicate that a Geopier-supported spread foundation is a suitable foundation system for the support of the structure given the heavy loading. The owner/designer/contractor should not rely solely upon the synopsis, and must read and evaluate the entire contents of this report prior to utilizing our engineering recommendations in the preparation of design and construction documents. PSI cannot be responsible for the interpretation or implementation of this report by others. PSI should be retained to perform sufficient services to determine compliance with the recommendations in this report. Detailed analyses of subsurface conditions and pertinent design recommendations are included in the following sections of this report. A boring location diagram, site photographs, boring logs and laboratory test results are presented in the Appendix. i Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) 2.0 PROJECT INFORMATION 2.1 Project Authorization & History This report presents the results of a geotechnical evaluation for the proposed 12-story mixed-use building at The Capitol (formerly referred to as Piedmont Town Center Phases 2) in Charlotte, North Carolina. Our original services were authorized by Mr. Tim Dison of Crescent Resources by means of signed PSI Proposal No. 460-650112 (Revised), dated September 21, 2006. Our recent work was conducted under PSI Change Order No. 460-65063-1 dated October 4, 2007. PSI originally conducted a subsurface exploration and assessment in October 2006 for an 18-story mixed-use (office/condominium) building in the northern portion of the subject property. Those findings and recommendations were provided in PSI Report No. 460-65063A, dated October 27, 2006. As mentioned above, at that time the development was referred to as Piedmont Town Center Phases 2 and 3. Since that time, development plans changed and the proposed mixed-use building was reduced to 12-stories (with a basement level) and shift to the central portion of the property. This area of the site was not previously evaluated with test borings so additional exploration and analyses were requested for this new building location. 2.2 Project Description PSI was provided with a site plan in Adobe Acrobat (PDF) format that presents the proposed building configuration. The provided drawings were prepared by ColeJenest & Stone (dated October 1, 2007). The Capitol development will include a 12-story mixed-use building structure with a footprint of roughly 25,000 square feet (width varies from about 64 to 135 feet, with a total length of about 240 feet). No finished floor elevations (FFE) were available at the time of this report; therefore, we have assumed for the purpose of this assessment that the basement service level will be about 10 feet below the current grade (approximate FIFE of 656 feet). Although no construction details were provided at the time of this report, we expect that the proposed structure will consist of steel construction. No structural loading conditions were available at the time of this proposal; however, based on our experience with similar sized structures, we based our settlement analyses on a maximum column load of 1,400 kips. The information presented in this section was used in the evaluation. Estimated loads and corresponding foundation sizes have a direct affect on the recommendations, including the type of foundation, the allowable bearing pressure, and the estimated settlement. In addition, estimated subgrade elevations and cut/fill depths can also have a direct affect on the provided recommendations. If any of the noted information is incorrect or has changed, please inform PSI so that we may amend the recommendations presented in this report, if appropriate. If PSI is not retained to perform this function, PSI can not be responsible for the impact of the changes on the performance of the project. The same applies to traffic loading estimates and their impact to our pavement recommendations. 2 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) 2.3 Purpose and Scope of Services The purpose of this geotechnical evaluation was to determine pertinent subsurface conditions at this site in order to provide conclusions and recommendations regarding the design of foundation system(s) and other geotechnical aspects and to provide construction guidelines with regards to our understanding of the proposed site development. For this project, the following scope of services was performed: • Contacted local utility locating service (NCOCC) to locate existing underground public utilities; • Performed a site reconnaissance and reviewed the geologic and surface conditions of the site; • Located and advanced six soil test borings within the proposed 12-story mixed-use building footprint; • Prepared a Boring Log for each test location describing the types of soil and/or rock encountered and other pertinent information; • Prepared a boring location diagram and subsurface profiles for reference. • Performed laboratory tests on selected soil samples in order to determine, in-situ moisture contents, moisture-plasticity relationships (Atterberg Limits), and sieve analysis including washed #200; • Conducted a geotechnical engineering evaluation of the available data to provide recommendations regarding foundation type and soil bearing capacity, estimated settlement, lateral earth pressures, slab-on-grade design parameters, and IBC seismic site classification (based on N-values to the depths explored); as well as general construction considerations pertaining to shallow rock conditions, excavation, fill selection and placement and groundwater elevations. • Prepared this engineering report presenting all data, boring/core logs, observations and recommendations. The scope of services did not include an environmental assessment for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or air, on or below or around this site. Any statements in this report or on the boring logs regarding odors, colors, unusual or suspicious items or conditions are strictly for the information of the client. As dictated by the agreed scope of work, PSI did not provide any service to investigate or detect the presence of moisture, mold or other biological contaminants in or around any structure, or any service that was designed or intended to prevent or lower the risk of the occurrence of the amplification of the same. 3 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) 3.0 SITE AND SUBSURFACE CONDITIONS 3.1 Site Location and Description This geotechnical evaluation considers the site for the proposed 12-story mixed-use building, which will be located to the west of the southwest corner of Carnegie Boulevard in Charlotte, North Carolina. Carnegie Boulevard is a "loop" type road adjacent to the west side of Barkley Downs and north of Fairview Road. At the time of our site visit, the ground surface across this portion of the site was generally flat with grass and gravel covering. The ground surface beyond the western edge of the site sloped downward to the west at an inclination estimated to be about 2H:1V (horizontal: vertical). In the southwest corner of the site, a drainage feature was observed with flow toward the southwest. PSI was provided with existing topographic information at the time of the original field work in October 2006; however, this information did not appear to be accurate within the northern site, then or now. Based on surveying measurements performed by PSI, the relief (difference in elevation between the highest and lowest points) within the proposed building footprint is about 3 feet. Numerous underground utilities, including water, sewer, phone and power, were located in the eastern portion of the northern site. At the time of our drilling operations, the ground surface was paved and our equipment experienced no difficulty moving across the site. 3.2 Site Geology The project site is located within Mecklenburg County, North Carolina, and lies within the Charlotte Belt of the Piedmont Physiographic Province of the eastern United States. This province is characterized by broad, gently rolling ridges formed on the stronger bedrock of the area. Between these ridges, lowlands and drainage areas are formed on the less resistant bedrock. The Piedmont is a complex assemblage of igneous (volcanic and plutonic) and sedimentary rocks that were generally formed during the Late Proterozoic Era and the Early Cambrian Period (approximately 550 to 900 million years ago). During and subsequent to formation these rocks were subjected to several major tectonic events, including plate collisions, folding, faulting, and igneous intrusions, that resulted in the uplift and metamorphism of the preexisting rocks. The tectonic activity generally stopped about 200 to 250 million years ago and erosional forces have formed the current ground surface. Review of the USGS Geologic Map of the Charlotte 1 ° by 2° Quadrangle (1988, by Goldsmith, Milton and Horton) indicates that the site area is underlain primarily by metamorphic rocks, primarily meta quartz diorite and meta volcanic rock of late Proterozoic to Early Cambrian age. In addition, a large mass of plutonic, intrusive, igneous rock comprised of Silurian to Ordovician age granodiorite outcrops across much of the Charlotte, North Carolina area. Residual soils are the result of in-place physical and chemical weathering of the parent bedrock. In this area residual soils generally consist of an upper layer of fine-grained SILT or CLAY underlain by Sandy SILT or Silty SAND. The sand content generally increases with depth. Separating the residual soil from the underlying parent bedrock is typically a transition zone of high consistency material referred to as weathered rock. Weathered rock is subdivided into two classes by the N.C. State Building Code: Soft Weathered Rock (SWR) and Hard Weathered Rock (HWR). Soft Weathered Rock is defined as "broken or partially weathered rock with standard penetration resistance (ASTM D1586) between 50 blows per six inches and 50 blows per inch". Hard 4 s Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) Weathered Rock is defined as "broken or partially weathered rock normally having Standard Penetration resistances (ASTM D1586) in excess of 50 blows per inch". The weathering processes that produced the residual soils and partially weathered rock were extremely variable, due to such factors as rock type and mineralogy, past groundwater conditions, and the tectonic history of the specific area (resulting in localized fractures, joints and faults within the bedrock). Differential weathering of the parent bedrock has resulted in highly variable subsurface conditions, and can include abrupt changes in soil type and consistency over relatively short horizontal and vertical distances. Furthermore, depths to rock can also be highly variable; and suspended boulders, discontinuous rock layers/lenses, or rock pinnacles can be present within the residual soils and transitional zones of soft weathered rock. 3.3 Field Services The subsurface conditions at the parking deck site were evaluated in October 2007 with six soil test borings within the proposed building footprint. All six of the borings were extended to auger refusal material or well into weathered rock. The number and location of the borings were determined by PSI and then located in the field using the provided site plan and the onsite features for reference. A boring location diagram (Figure No. 1), which indicates the approximate boring locations, is presented in the Appendix of this report. Soil test borings were advanced at this site utilizing a ATV-mounted CME-550 drilling rig using hollow-stemmed, continuous-flight augers. All boring and sampling operations were conducted in general compliance with ASTM D 1586. At regular intervals, soil samples were obtained with a standard 2-inch O.D. split-barrel sampler. The sampler was rested on the bottom of the borehole and driven to a penetration of 18 inches (or a maximum of 50 blows in 6 inches) with blows of a 140-pound hammer falling 30 inches. The first 6 inches of sampler penetration is considered seating, and the sum of the second and third 6-inch increments of penetration (or fraction thereof) is termed the Standard Penetration Resistance (N-values). 3.4 Laboratory Testing Program The soil samples obtained during the drilling operation were sealed in labeled containers, and transported to our office. Representative samples were selected and tested in the laboratory to determine material properties for our evaluation. The samples were observed and visually classified by a geotechnical engineer in accordance with ASTM D 2488. The Boring Logs are followed by General Notes that explain the terms used in classification. Unless notified to the contrary, all samples will be disposed of after 2 months. In addition to the visual classification of the soil samples, moisture content determination (ASTM D 2216), sieve analysis including washed #200 (ASTM D 422), and moisture-plasticity relationship (Atterberg Limits) (ASTM D 4318) tests were conducted on selected samples. The results of this testing at this site, are included in the Appendix of this report. 5 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) 3.5 Subsurface Conditions Details of subsurface conditions encountered by the field exploration program are shown on the individual Boring Logs (B-11 through B-16) included in the Appendix of this report. The boring elevations shown on the logs were surveyed in the field by representatives of PSI using sewer manhole rim elevations presented on the provided site plan for reference. The following subsurface description is of a generalized nature, provided to highlight the major soil strata encountered. The logs should be reviewed for specific information as to individual boring locations. The stratification of the soils/rock, as shown on the logs, represents the conditions in the actual test locations; therefore, variations may occur and should be expected between borings. Lines of demarcation represent the approximate boundary between subsurface materials, and the transition may be gradual. It should be noted that, whereas the test borings are drilled and sampled by experienced drillers, it is sometimes difficult to record changes in stratification within narrow limits, especially at great depths. In the absence of foreign substances, it is also difficult to distinguish between discolored soils and clear soil fill. A brief description of the soils encountered at this site is presented in this section. Initially, a thin layer of topsoil ranging from approximately 1 to 2 inches in thickness was encountered in four of the six borings (B-11, B-13, B-15 and B-16). Although only 1 to 2 inches of topsoil was encountered in these borings, deeper pockets may exist in unexplored areas of the site. Please note that the term topsoil is a general designation given to soil with elevated organic content. No laboratory testing was performed on the topsoil to determine its organic content; therefore, we cannot comment on the topsoil's applicability for use in horticultural applications. An approximately 8-inch gravel layer was encountered at the surface in boring B-12. Fill soils were encountered from the ground surface in boring B-14 or underlying the topsoil layer in the remainder of the six borings, to depths ranging from approximately 3 to 8 feet below the existing grade. The fill generally consisted of Clayey SILT (MH) and Sandy SILT (ML) with lesser amounts of Fat CLAY (CH). In addition, the fill contained gravel and some rootlets, wood fragments and other organic matter. The Standard Penetration Resistances (N-values) within the fill were erratic and ranged from 4 to 27 blows per foot (bpf). Residual soils were encountered underlying the fill soils in all six borings. The residual soils encountered generally consisted Sandy SILTS (ML) and Silty SANDS (SM); however, borings B-12 and B-13 encountered a thin layer of Fat CLAY (CH) and Clayey SAND (SC), respectfully, directly beneath the fill. The N-values within the residuum ranged from 6 to 92 bpf. Soft weathered rock (SWR) was encountered below the residual soils in all of the borings at depths ranging from approximately 17 to 49 feet below the existing grade. The weathered rock consisted of weathered granodiorite and metavolcanic rock, which were sampled as a Silty Fine SANDS. All of the borings were terminated in weathered rock while only borings B-12 and B-16 were advanced to auger refusal. Auger refusal at these two locations were encountered at depths of approximately 55 to 32'/2 feet, respectively. 3.6 Groundwater Information Groundwater level measurements were recorded at the time of completion of drilling and approximately 1 day after drilling at some of the borings performed at the site. Groundwater was encountered in all six of the borings at the approximate depths and elevations presented in Table 1. 6 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) Table 1: Groundwater Measurements Boring 0-Hr Reading 24-Hr Reading Approx. Elevation ft, MSS B-11 23 --- 642 B-12 213/4 19'/4 645% B-13 25'/4 --- 642% B-14 23 20%2 646'/2 B-15 38* (TOD) --- 626* B-16 22'/4 --- 6433/4 TOD = Time of drilling Borehole cave-in prevented measurement after drilling was complete. The groundwater levels presented in this report are the levels that were measured at the time of field activities and fluctuation should be anticipated. We recommend that the Contractor determine the actual groundwater levels at the time of construction to determine groundwater impact on the construction procedures. 7 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) 4.0 EVALUATION AND RECOMMENDATIONS The evaluation and recommendations presented in this report are based on the data obtained from the field exploration and laboratory testing programs, information regarding the proposed construction, and our knowledge of geotechnical engineering. 4.1 Site Preparation Prior to construction, all vegetation, pavement (including stone base), underground utilities, construction materials/debris or any other deleterious materials must be removed from within the proposed building area. The crushed stone associated with the existing pavements, which will be removed during stripping can be stockpiled for future use in construction entrances or as project fill provided it can be segregated from asphalt, soil or any other unsatisfactory constituents. The on-site soils, including those encountered at the proposed lower level elevation, contain sufficient amounts of silt and/or clay to render them moisture sensitive. These materials will become unstable when exposed to excess moisture and construction equipment operating over them. If the surface soils become softened/unstable during wet weather or excavation to/below the groundwater table, or frozen during the winter months, these soils should be removed before additional fill is placed. Therefore, these soils should be protected from excessive moisture and excavation/site preparation operations should not be performed during or immediately following periods of high precipitation. The ground surface within the construction limits should be graded so that surface water flows away from the site. It is recommended that the surface of all fill areas be sealed with a smooth-wheel roller at the completion of each day's earthwork activities. Further protection of the site should include the construction of temporary ditches, berms or other surface water diversion devices in order to divert surface water from and not across the site. An "all-weather' surface may be necessary for heavy construction traffic to reduce degradation of the subgrade during construction. Options for stabilizing all weather surfaces include compacted crushed stone or chemical (cement or lime) stabilization. Construction traffic should be limited in areas that are unprotected after precipitation events. 4.2 Groundwater Based on information collected during our recent fieldwork, groundwater was encountered in this area at depths ranging from about elevation 642 to 646'/2, with static groundwater at about elevation 646. Although the region is currently experiencing an ongoing drought, the groundwater levels in the recent borings are consistent with those recorded on-site in 2006 (generally within 1- foot). Given the depth to groundwater, we do not expect that groundwater will impact the excavation to the planned lower level and the construction of the basement slab (concrete pavement); however, wet or saturated soil strata could still be encountered in isolated areas, as a result of perched (trapped) groundwater. We anticipate that the groundwater inflows from such sources can be handled using conventional pumping techniques from the point of seepage or sump pit. It is important to remember that if construction grading begins during the wet season (typically considered November through April in this region), the difficulties handling water will be much greater than if it begins during the dry season. 8 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) 4.3 Construction Considerations Based on the data available from the borings, it appears that excavations to reach finished subgrade for the below grade parking level will generally encounter medium dense to very dense soils. Weathered rock and bedrock are not expected to be encountered above this elevation unless in isolated lenses or boulders. Weathered rock and/or rock were encountered at elevations shown in Table 2. Table 2: Approximate Weathered Rock and Hard Rock Elevations Boring No. Ground Surface Elevation (feet) Weathered Rock Elevation (feet) Auger Refusal Elevation (feet) B-11 665 633 NE to 606.5 B-12 665 621 610 B-13 668 619 NE to 604'/4 B-14 667 627'/2 NE to 593'/2 B-15 664 645 NE to 620'/2 B-16 666 649* 633'/2 NE = Not Encountered. "Very dense soils encountered from about 7 to 12 feet. In evaluating grading considerations, please keep in mind that subsurface conditions, particularly the level and location of rock, whether in boulder or massive form, vary erratically in the Piedmont Geologic Province of which Mecklenburg County and this site are parts. Therefore, additional rock may be encountered at shallow depths. If large boulders or massive rock is encountered during the grading operations between boring locations, blasting may be necessary to facilitate removal. In addition, confined excavations such as utility trenches are more likely to require rock excavation techniques than large open cuts. All excavations should be sloped or shored in accordance with applicable OSHA regulations. In Federal Register Volume 54, No. 209 (October 1989), the United States Department of Labor, Occupational Safety and Health Administration (OSHA) amended its "Construction Standards for Excavations, 29 CFR, Part 1926, Subpart P." This document was issued to better insure the safety of workmen entering trenches or excavations. It is mandated by this federal regulation that all excavations, whether they be utility trenches, basement excavations, or footing excavations, be construction in accordance with the reviewed OSHA guidelines. It is our understanding that these regulations are being strictly enforced and if they are not closely followed, the owner and the contractor could be liable for substantial penalties. The contractor is solely responsible for designing and constructing stable, temporary excavations and should shore, slope, or bench the sides of the excavations as required to maintain stability of both the excavation sides and bottom. The contractor's responsible person, as defined in 29 CFR Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclination, or excavation depth, including utility trench excavation depth, exceed those specified in local, state, and federal safety regulations. 9 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) We are providing this information solely as a service to our client. PSI is not assuming responsibility for construction site safety or the contractor's activities; such responsibility is not being implied and should not be inferred. 4.4 Fill Selection, Placement and Compaction After completion of the site preparation, the placement of any fill required to achieve finished subgrade level can proceed. Any material utilized as fill should not contain rocks greater than 3 inches in diameter or greater than 30% retained on the %-inch sieve. Fill material should not contain more than 3% (by weight) of organic matter or other deleterious material. Typically, the Plasticity Index (PI) for the material should not exceed 25, and the Liquid Limit (LL) for the material should not exceed 50 (Unified Soil Classifications of GW, GM, GC, SW, SM, ML and some SC and CL), as determined by Atterberg Limit (AL) testing (ASTM D4318). Structural fill should possess a maximum dry density (MDD) of at least 95 pounds per cubic foot (pcf) as determined by the Standard Proctor Compaction Test (ASTM D 698). We recommend allowing PSI to evaluate the proposed borrow material for suitability, prior to the start of construction. Fill soils should be placed in loose lifts of eight inches or less in thickness when using conventional large rollers. When using small hand-tamping equipment, lifts should be limited to 6 inches (loose). All controlled fill should be compacted to at least 98% of the material's maximum dry density, as determined by the Standard Proctor Compaction Test (ASTM D 698). The moisture content of the controlled fill should be maintained within 3% of the material's optimum moisture content as determined by the Standard Proctor Compaction Test. It is recommended that the placement and compaction of the fill be monitored by a soil technician, working under the direction of the Geotechnical Engineer, to document that the specified degree of compaction is being obtained. We recommend a minimum of one test per 2,000 square feet (per lift) within the building area. Trench backfill should be tested with a minimum of one test per 150 linear feet (per lift) of trench. 4.5 Foundation Recommendations Based on the anticipated foundation loads and the available soil bearing capacity, conventional soil-supported spread footings are expected to undergo excessive settlement (estimated up to 1'/2 to 2 inches). As such, we recommend that a Geopier Rammed Aggregate Pier TM (RAP) Intermediate Foundation System be used to reinforce the foundation soils on this site to support the conventional spread footings. The Geopier support elements are constructed by drilling a hole to create a cavity, removing a volume of compressible subsoil materials, then building a bottom bulb of clean, open-graded stone while vertically pre-stressing and pre-straining subsoils underlying the bottom bulb. The Geopier shaft is built on top of the bottom bulb, using well-graded highway base course stone placed in thin lifts (12 inches compacted thickness) above groundwater levels. For shaft portions that may exist within water, clean open-graded aggregate is used. Densification of the bottom bulb and of the undulating shaft lifts is accomplished by using the impact ramming action of a modified hydraulic hammer. The tamper consists of a special steel alloy shaft and a round, beveled tamper head. The beveled tamper head assists in transferring force laterally during impact densification, resulting in pushing of aggregate against the confined walls of the cavity. The nature of the soil is to "push back", creating significant lateral pressure buildup in the matrix soil resulting in lateral confinement to the Geopier elements. In addition to 10 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) increasing shear resistance at the Geopier element perimeter, the increased horizontal stress in the matrix soil improves the matrix soil and makes it stiffer. Assuming a planned FIFE of approximately 656, a preliminary analysis of a Geopier- supported spread footing foundation system, indicates that Geopier elements are expected to develop a minimum support capacity of 115 kips. Consequently, spread footings bearing on the Geopier elements can be sized for a composite bearing pressure of 9,000 psf and possibly as high as 10,000 psf. With column loads of 500 to 2,000 kips, the Geopier element lengths are expected to be in the range of 10 to 15 feet, and the estimated maximum total settlement will be less than 1 inch. In addition to bearing support and settlement control, the Geopier elements can provide significantly higher resistance to sliding and also constructed with hardware to provide resistance to uplift. Depending on the size of footing, and the number and length of Geopier elements for the specific footing, the allowable uplift capacity per 30-inch diameter element is expected to be in the range of 25 to 35 kips. Depending on the dead load acting on the footing, and the Geopier to footing area ratio, the high friction angle of the compacted elements could provide for an ultimate composite unit friction coefficient of up to 1.0. The final design for sliding resistance will need to consider an appropriate factor of safety. The licensed Geopier foundation installer in the Mid-Atlantic region, GeoConstructors, Inc. of Leesburg Virginia, would install the Geopier elements for this project with design provided by GeoStructures, Inc. GeoStructures, with offices in North Carolina, Virginia, and Pennsylvania will design the Geopier elements for to support the proposed structure within the structural design tolerances (i.e., settlement potential, sliding resistance, uplift capacity, etc.). The patent holder, Geopier Foundation Company, Inc, will provide internal peer review and final design approval. GeoStructures' regional office (919-859-5535) should be contacted to provide a preliminary design analysis of a Geopier system to support the structure. Upon completing the preliminary analysis, GeoStructures can provide a design/construction cost estimate including the estimated time to install the Geopier elements. The estimate should include the cost to provide a full-scale Geopier Modulus Load Test to verify design assumptions. The load test provides a conservative measure of the stiffness of the Geopier element and will provide quality control guidelines for the Geopier installation procedures. The Modulus Load Test will be performed in the general area of the site considered to be representative of the most critical soil condition. However, on small-scale projects with light top of Geopier stresses, it may be possible to omit the Modulus Test. We recommend that PSI be retained to monitor the Geopier installer's operations as a Quality Assurance service. PSI's services will supplement the installer's internal Quality Control program. Together, the QA and QC programs will monitor drill depths, Geopier element lengths, average lift thickness, installation procedures, aggregate quality and densification of lifts. These items will be documented for each Geopier element installed, to provide a complete installation report. 4.6 Floor Slab Recommendations In order to provide uniform support beneath any proposed floor slab-on-grade, we recommend that floor slab be underlain by a minimum of 6 inches of open-graded crushed stone, such as No. 57 stone. In designing the concrete slab-on-grade, we recommend using a modulus of subgrade reaction of up to 130 pci. 11 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) The crushed rock is also intended to provide a capillary break to limit migration of groundwater through the slab. Additional protection against moisture vapor transmission (through the slab) is recommended. A vapor retarding membrane, sealed with waterproof tape at the joints, penetrations (such as for utilities), and tears should be incorporated into the design per the manufacturer's specifications. The precautions listed below should be closely followed for construction of slabs-on-grade. These details will not prevent the amount of slab movement, but are intended to reduce potential damage should some settlement of the supporting subgrade take place. Cracking of slabs-on-grade is normal and should be expected. Cracking can occur not only as a result of heaving or compression of the supporting soil, but also as a result of concrete curing stresses. The occurrence of concrete shrinkage cracks, and problems associated with concrete curing may be reduced and/or controlled by limiting the water to cement ratio of the concrete, proper concrete placement, finishing, and curing, and by the placement of crack control joints at frequent intervals, particularly, where re-entrant slab corners occur. The American Concrete Institute (ACI) recommends a maximum panel size (in feet) equal to approximately three times the thickness of the slab (in inches) in both directions. For example, joints are recommended at a maximum spacing of 12 feet assuming a four-inch thick slab. We also recommend that control joints be scored three feet in from and parallel to all foundation walls. Using fiber reinforcement in the concrete can also control shrinkage cracking. • Some increase in moisture content is inevitable as a result of development and associated landscaping; however, extreme moisture content increases can be largely controlled by proper and responsible site drainage, building maintenance and irrigation practices. All backfill in areas supporting slabs should be moisture conditioned and compacted as described earlier in this report. Backfill in all interior and exterior utility line trenches should be carefully compacted. • Exterior slabs should be isolated from the building. These slabs should be reinforced to function as independent units. Movement of these slabs should not be transmitted to the building foundation or superstructure. 4.7 Below-Grade Walls The proposed parking deck will include below-grade walls that will act as earth retaining structures. These retaining walls are expected be constructed with cast-in-place concrete or pre- cast concrete panels. To reduce hydrostatic pressure on the wall(s), we recommend that a free-draining backfill material be used behind the wall. In designing the wall, we recommend using the following earth pressure coefficients, which are estimates for common wall backfill material. For walls that are restrained from lateral movement at the top, such as the case with basement walls, we recommend the use of the "at-rest" condition. The below recommendations are for a drained condition and assume that water will not be allowed to accumulate behind the wall by means of a drainage system(s). 12 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) Table 4: Retaining Wall Design Data Material Internal Angle Moist Unit Active, At-Rest, Passive, Group of Friction, (°) Weight, Y I. Ko Kp Symbol SM 30 125 0.33 0.50 3.00 #57 Stone 36 120 0.26 0.41 3.85 Notes: (1)A coefficient of sliding friction of 0.35 can be used for foundations bearing on the sands and silts encountered at the site, respectively. (2) These lateral earth pressure recommendations are for backfill placed against a retaining structure without a slope or consideration of line loads or surcharges. It should be understood that the estimated values presented above are ultimate and no factor of safety has been applied. We recommend a minimum factor of safety of 2 or more be used when computing restraining forces because no strength tests have been performed on the backfill materials. The previously recommended soil parameters are average values based on our experience. Triaxial shear tests of soils in this geologic region indicate that there could be potential scatter of about 30 percent in soil parameters. Remolded triaxial shear tests on retaining wall backfill are necessary to obtain more precise design parameters. This testing was not included in the present scope of work. If authorized, we will perform laboratory tests to obtain site-specific design parameters. Regardless of the material utilized to backfill the below-grade walls, we recommend that a drain consisting of a 4-inch diameter, perforated plastic pipe be. placed behind the wall, at the top of footing level. This drain should be installed with adequate fall (elevation change) to route water to daylight under gravity flow. 4.8 Seismic Site Classification The project site is located within a municipality that employs the 2006 N.C. State Building Code (effective July 1, 2006), which is an amended adoption of the International Building Code, (2003 edition). As part of this code, the design of structures must consider dynamic forces resulting from seismic events. These forces are dependent upon the magnitude of the earthquake event as well as the properties of the soils that underlie the site. As part of the procedure to evaluate seismic forces, the code requires the evaluation of the Seismic Site Class, which categorizes the site based upon the characteristics of the subsurface profile within the upper 100 feet of the ground surface. To define the Site Class for this project, we have interpreted the results of soil test borings drilled within the project site and estimated appropriate material properties below the base of the borings to a depth of 100 feet, as permitted by Section 1615.1.1 of the code. The estimated soil properties were based upon our experience with subsurface conditions in the general site area. Based upon the recorded SPT N-values recorded in the field exploration, the support soils within the site are consistent with the characteristics of a Site Class "C" as defined in Table 1615.1.1 of the building code. The associated USGS-NEHRP (2002) probabilistic ground acceleration values and site coefficients for the general site area were obtained on the USGS geohazards webpage (http://earthcluake.usgs.gov/research/hazmaps/design) and are presented in Table 5 below. 13 Proposed 12-Story Mixed-Use Building at The Capitol Charlotte, North Carolina October 26, 2007 PSI Project 460-65063A (Revised) Table 5: Ground Motion Values* Period (seconds) Spectral Response Acceleration** (%g) Site Coefficients PGA 14.81 --- 0.2 SS 32.75 Fa 1.20 1.0 S1 10.79 F, 1.69 *2% Probability of Event in 50 years for Latitude 35.153689 and Longitude -80.841178. **At B-C interface. The Site Coefficients, Fa and F, presented in the above table were also obtained from the noted USGS webpage, as a function of the site classification and mapped spectral response acceleration at the short (Ss) and 1-second (Si) periods, but can also be interpolated from IBC Tables 1615.1.2(1) and 1615.1.2(2). For sites that are classified as Seismic Design Category C, D, E or F, which is contingent upon the Seismic Use Group, the code requires an assessment of slope stability, liquefaction potential and surface rupture due to faulting or lateral spreading. Detailed evaluations of these factors were beyond the scope of this study. However, the following table presents a qualitative assessment of these issues considering the site class, the subsurface soil properties, the groundwater elevation and probabilistic ground motions. Table 6: Qualitative Seismic Site Assessments Hazard Relative Risk Comments The subsurface profile within the upper 73'/2 feet of Liquefaction Low the ground surface contains relatively stiff materials, with sufficient fines that are not typically susceptible to liquefaction. Based on the grading plans, 2H:1 V fill slopes are planned for the west side of the site. Such slopes Low to could potentially be compromised during a seismic Slope Stability* Moderate event, depending on fill types and crest loading conditions. To assess the risk of failure during such an event, a slope stability evaluation would be necessary. Surface Rupture Low No known active faults are known to underlie the site. *A slope stability analysis, including it's stability during a seismic event, was beyond the scope of work. 14 Proposed 12-Story Mixed-Use Building at The Capitol October 26, 2007 Charlotte, North Carolina PSI Project 460-65063A (Revised) 5.0 REPORT LIMITATIONS The recommendations submitted are based on the available soil information obtained by PSI and design details furnished by Crescent Resources for the proposed project. If there are any revisions to the plans for this project or if deviations from the subsurface conditions noted in this report are encountered during construction, PSI should be notified immediately to determine if changes in the foundation, or other, recommendations are required. If PSI is not retained to perform these functions, PSI cannot be responsible for the impact of those conditions on the performance of the project. The geotechnical engineer warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional geotechnical engineering practices in the local area. No other warranties are implied or expressed. After the plans and specifications are more complete, the geotechnical engineer should be provided the opportunity to review the final design plans and specifications to assure our engineering recommendations have been properly incorporated into the design documents. At that time, it may be necessary to submit supplementary recommendations. This report has been prepared for the exclusive use of Crescent Resources for the specific application to the proposed 12-story mixed-use building at The Capitol in Charlotte, North Carolina. 15 /_1;j J41 111KI BORING LOCATION DIAGRAM V ¦ ¦ ¦ S ¦ ' BE ¦ 4 s ? a a a a ' 0 6 l t ? ¦ a s m 7.1 11 ¦ BORING LOG tpsE nrmation To Build On Engineering - Consulting - Testing Report No.: 460-65063A DATE: October 15, 2007 Project: The Capitol - Proposed Mixed-Use Building Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-11 Total 58.6' Surface Elev: 665 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: CME550X Started: 10/11/07 Completed: 10/11/07 Driller: SDS Approx. El ti ** Depth* DESCRIPTION OF MATERIALS Cl ifi ti Sample Bl * Sample Depth N VALUE (bpf) A PL %MC LL N eva on ( on) ass ca ows (Feet) 2 5 10 20 30 40 5060 80 664.8 0.2 _ Topsoil 4 4 5 1.0 ? 8 FILL - Brown, Sandy Lean CLAY (CL) with - - 2.5 659 5 5 5 trace small rock fragments, trace organics - 2-2-2 3.5 ,,,,,,,,,,;,, 4 . - . moist. 5.0 9 657.0 8.0 _ FILL - Brown/Gray, Sandy SILT (ML) and Fat 6.0 = rootlets CLAY (CH) with wood fragments 5-8-14 7.5 :....: ...:.. :.... ....:.. ...;. 22 653.0 12.0 = , , small rock fragments - moist. 8.5 Clayey Sandy RESIDUAL - Very Stiff Gray 10.0 - _ , , SILT (ML) - moist _ _ 71213 13.5 .....................:....:..:.............. ...... 5 . 15 0 Medium Dense to Dense, Tan/Gray to Dark Gra Silt Fine SAND (SM) - moist . 18 5 4 . y, y 6-12-27 . ...... :...:. 20.0 2 5 12-18-26 3. :A: ......:...:....:.. :...:.....:....:...:.. 4 638.0 27.0 - 25.0 Very Hard, Gray/Tan, Sandy SILT (ML) - 28 5 moist. 16-23-36 . .................... . . . ... :...: ... ..: .. 59 633.0 _ 32.0 = 30.0 . SOFT WEATHERED ROCK - Samples as Silty 33 5 628.0 37.0 Sand (SM) with rock fragments - moist. 50/2" . 33 7 100 Very Dense, Gray, Silty Sand (SM) with rock 38 5 fragments - moist to wet. 26-30- 36 . _ ?. .; 66 ± 40.0 43 5 620.5 44.5 •1 97-9 9 . 100 - - SOFT WEATHERED ROCK - Samples as Gray, Silty SAND (SM) with rock fragments - 1 50/5 44.9 48 .......... ...... :...:....:..;..;....; - moist to wet. .5 49.0 .. :...:..........:..... ...... 0 606.4 58.6 _ 53.5 54.0 XZ0 ......:.......:......:....:. 0 Boring Terminated at 58.6 feet Groundwater: 0 Hour - 23 feet; Caved at 42 feet Backfilled upon completion of drilling as a safety precaution 50/1" 58.6 100 "NUmDer of DIOWS regwreo for a 14U ID nammer dropping 3u•" to onve 2" U.U., 1.375' I.U. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. BORING LOG ~Mi% Information r To Build On Report No.: 460-65063A DATE: October 15, 2007 Engineering - Consulting - Testing Project: The Capitol - Proposed Mixed-Use Building Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-12 pe 54.9' I Surface Elev: 665 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: CME550X Started: 10/11/07 Completed: 10/11/07 Driller: SDS Sample N VALUE (bpf) Approx. Elevation** ** Depth DESCRIPTION OF MATERIALS (Classification) Sample Bl * Depth PL %MC LL N ows (Feet) 2 5 10 20 30 405060 80 664.3 0.7 = Gravel (8 inches). 4 6 6 1.0 :A 12 FILL - Brown and Red/Brown, Sandy SILT - - 2.5 (ML) and Elastic SILT (MH) with trace small 4-4-5 3.5 ;. 9 659.0 6.0 rock fragments - moist. 4 4 6 5.0 ? : + 10 657.0 8.0 - - FILL (Possible Residual) - Red/Brown, Elastic - - g 0 655.5 9.5 SILT (MH) with trace rootlets - moist. 3-4-6 7 5 ....................... 10 653.0 12.0 RESIDUAL - Firm, Gray, Fat CLAY (CH) with 8.5 - _ ; rootlets - moist. 10.0 13 5 A: _ Stiff T /B Cl S d SILT ML 4-5-7 . """'""""""'""'" 12 , an rown, ayey an y ( ) - 15.0 moist. _ Medium Dense, Brown/Gray, Silty Fine SAND 18.5 t - 4-6-8 ...... ......... ............... . 14 (SM) -moist. 20.0 . _ ' 2 . _ 58-10 3.5 ...... :...:....:..;...:............. 18 25.0 637.0 28.0 Medium Dense, Brown, Silty Fine to Coarse 4-5-7 28.5 :A ......:.......:..;..;.......... 12 633.0 32.0 = '•' SAND (SM) - wet. 30.0 Dense, Gray and Brown, Silty Fine SAND (SM) 4 33.5 moist to wet. 10-23-24 ...:....... . :... . .. .... 47 - . 35.0 . . 38.5 A - • - - ......:...:....:..............._......_..:..:. 57 40.0 ... 621 0 44 0 = 1 4 . . SOFT WEATHERED ROCK -Samples as Silty 2-8 6016" 3.5 44.5 ......:........:..;.......;....:...;...:.. '100 " Fine to Medium SAND (SM) with weathered - rock fragments - moist. 48 5 - 5 . 48.8 .............:..:..:.... ...... 100 53 5 610.1 54.9 - . Auger Refusal @ 54.9 feet Groundwater: 0 Hour - 21.8 feet; Caved at 23.7 feet 24 Hour - 19.2 feet Backfilled upon completion of drilling as a safety precaution rvunwer vi uwws requires rvr a i4u io hammer aropping Su- io anve z- u.u., 1.itb- l.u. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. BORING LOG ?i1 Information W To Build On Report No.: 460-65063A DATE: October 15.2007 Engineering - Consulting - Testing Project: The Capitol,- Proposed Mixed-Use Building Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-13 Total 63.7' Surface Elev: 668 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipml: CME550X Started: 10/12/07 Completed: 10/12/07 Driller:' SIDS Approx. Depth** DESCRIPTION OF MATERIALS Sample Sample PL N /o VAL UE MC (bpf) A LL Elevation" " (Classification) Blows* Depth N (Feet) 2 5 10 20 30 405060 80 667.9 0.1 Topsoil 4 1.0 t FILL - Brown, Clayey Sandy SILT (ML) with -5-4 2.5 A 9 = trace small rock fragments, rootlets and small 2-2- 3.5 5 wood fragments - moist. 5.0 . ? 660.0 0 - 8 - 6 0 10 . . _ RESIDUAL - Loose, Tan/Gray, Clayey Fine 2.3.3 7.5 ; 6 656.0 12.0 - SAND (SC) -moist. 8.5 .... . ; - : Medium Dense, Gray/Brown, Silty Fine SAND 10.0 - - ' • (SM) - moist. . 5-8-8 13.5 : : : : . : : : : : 16 15.0 ... .... ... .... . .. ..... ... .. ...... 8-8-9 18.5 : : : _ ; _ : : 17 _ . • 20.0 ... .... .. .. _.... .......... .. .. ..... ...... ' ' _ - • ' _ _ 81315 23.5 t ; : : : : : 8 25.0 ... .... .. ... .....:.... .. ...... 641.0 27.0 - Dense to Very Dense, Gray/Brown, Silty Fine to Medium SAND (SM) - moist to wet. 15-19-23 28' 5 . ? ; ; : 42 - • 30 .0 ........ .... .... ... ... .. .. ....; . - ' ' 15-25-30 33.5 : ' : : 55 - . ; 35.0 ......... . . . .... ..... ... .. .. _ 19-28-41 38.5 A . : : : : _ _ 69 - 40.0 ..... ... .... .. .. ........... ........_.... - 14-22-33 43.5 : : : : : : 55 - 45.0 ............ .. .......... .. . .. ... ........ 619.0 49.0 . ; SOFT WEATHERED ROCK - Samples as 29-5014" 48.5 49.3 00 Gray/Brown, Silty Fine to Medium SAND (SM) _ with weathered rock fragments - moist. 53 5 - . 53.8 .............:.............;.....:..:..... 10 0 58 5 - 50/2 . 58.7 .........:....:..........:....:. 100 604.3 63.7 - Boring Terminated at 63.7 feet 50/2 Groundwater: 63.7 0 Hour - 25.2 feet; Caved at 26.4 feet Backfilled upon completion of drilling as a safety precaution •-.- _. -_- 1 a - ?u iioiinim, uiuNNmy au Lu unve G v.u., i.oto i.u. sampier a total or 1u inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. BORING LOG : Information PS To Build On Report No.: 460-65063A DATE: October 15, 2007 Engineering - Consulting - Testing Project: The Capitol - Proposed Mixed-Use Building Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-14 Total epth 73.6' D Surface Elev: 667 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: CME550X Started: 10/11/07 Completed: 10/11/07 Driller: SDS Sample a N VAL UE (bpf) A Approx. Elevation** Depth** DESCRIPTION OF MATERIALS (Classification) Sample Bl * Depth PL /oMC LL N ows (Feet) 2 5 10 20 30 405060 80 = FILL - Brown, Sandy SILT (ML) with trace 1.0 ?? 664 0 3 0 - D< k f t i t ll 6-8-9 -8-9 17 . . roc ragmen s - mo . -,sma s 2.5 661 5 5 5 RESIDUAL - Stiff, Brown/Gray, Fine Sand Y 4-5-7 3.5 ,...; ;A 12 . . _ Fat CLAY (CH) - moist. 5.0 16 _ Medium Dense, Gray, Silty Fine SAND (SM) - 6.0 moist. 6-7-12 7.5 .....;......i.....;....;....;.... 19 8.5 = 10.0 - 6-9-10 13.5 r : ......:...:....:..:... . . :. : : : 19 650.0 17.0 - ' 15.0 .... . .. .... . .. .. .. Medium Dense, Brown/Gray, Silty Fine to . Medium SAND (SM) - moist to wet. 4-6-6 20:0 . .: . .._„_ _.. ,,.. ?_„_ 12 , , ,,,,.,.. , , A - • 6-5-9 23.5 ......;...< .......:...:.......... ............. 14 25.0 28 : - . ; 6-10-13 .5 A ;.. .. .... .........:....:..;..;..... .. 23 30.0 .. ..... . . 8-11-16 33.5 ......:.... .: : . : 27 35.0 .. ... ........ ...... ..... ...... 627.5 39.5 38.5 SOFT WEATHERED ROCK - Samples as _ .. 50/5 39 9 :. . 00 1 Gray and Brown, Silty Fine to Medium SAND - SM ith h 43 ) w ( weat ered rock fragments - moist to .5 wet. 0016 44.0 ...... :...:....:........ ..:.............. 100 48 5 _ . 49.4 . .... .... ..:...:....:..;........ . 100 - - - 53.5 54.3 :......... .........:. ..... '100 58 5 - - . 58.9 ......:...:....:...:...:....:....:...:...:..: " 100 63 5 = 5 . : : : : < : : 100 63.7 ...... ... .... .. .. .............. ... .. 68 5 - 50/2" . < ' ' : : : 100 68.7 ...... ... .... ......... ........... ... ...... 593.4 73.6 _ Boring Terminated at 73.6 feet 50/1 73.6 100 Groundwater: 0 Hour - 22.9 feet; Caved at 25.7 feet 24 Hour - 20.6 feet; Caved at 21.4 feet Backfilled upon completion of drilling as a safe precaution yurnuer oT oiows requirea Tor a i4u io nammer aropping su-- to anve z- u.u., 1.3i5° l.u. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. BORING LOG INW Information To Build On Report No.: 460-65063A DATE: October 15, 2007 Engineering - Consulting - Testing Project: The Capitol - Proposed Mixed-Use Building Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-15 Death 43.6' Surface Elev: 664 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipmt: CME550X Started: 10/12/07 Completed: 10/12/07 Driller: SDS Sample N VAL UE (bpf) A Approx. Elevation** Depth** DESCRIPTION OF MATERIALS (Classification) Sample Bl * Depth PL /oMC LL N ows (Feet) 2 5 10 20 30 405060 80 663.9 0.1 Topsoil 13 9 10 1.0 19 661.0 3.0 - , FILL - Brown/Tan, Sandy Elastic SILT (MH) - - 2.5 _ and Sandy SILT (ML) with trace small rock 6-11-12 3.5 ... ...:.... .... ...:...:.....:...:.. 23 fragments - moist. 30-27-36 5.0 : . . : 63 - ' ' RESIDUAL - Medium Dense to Very Dense, 6.0 - ; ; Brown/Gray Silty Fine to Medium SAND (SM) 11-27-31 7.5 ............:..;. 58 - , with weathered rock fragments - moist. 8.5 10.0 .'; 17-18-29 13.5 :..:............: :..:..:..:. 47 15.0 645 0 19 0 = •' . . . SOFT WEATHERED ROCK - Samples as - 18.5 19.3 = , , 10 0 - Gray/Brown, Silty Fine to Medium SAND (SM) with weathered rock fragments - moist. 5016 23.5 24.0 ......:...:....:...:...:...........'........... " 100 - 2 8.5 100 29.5 ...... ... ....: .......... . _ 30 6016" 33.5 34.5 ......:...:...................... .. ...:...: 100 38 5 50/2" . ' : : : 100 _ 38.7 ..... ... .... .... ......... . 620.4 43.6 Boring Terminated at 43.6 feet 50/1" 43.6 100 Groundwater: Time of Drilling - 38 feet 0 Hour - Dry; Caved at 30 feet Backfilled upon completion of drilling as a safety precaution ivumuct ul uluvvz, ivqulleu wi d i,+u iu narmner uropping au to unve z u.u., 1.aia i.u. sampier a total of 1b inches in three b" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. BORING LOG Report No.: 460-65063A ~ii Information r To Build On DATE: October 15,2007 Engineering - Consulting - Testing Project: The Capitol - Proposed Mixed-Use Building Client: Crescent Resources Location: Charlotte, North Carolina Boring No.: B-16 pe, 32.4' Surface Elev: 666 (approx.) Location Diagram: See Figure #1 . Type of Boring: HSA Equipm't: CME550X Started: 10/12/07 Completed: 10/12/07 Driller: SDS S N VAL Approx. Elev ti n** ** Depth** DESCRIPTION OF MATERIALS (Cl ifi ti ) Sample Bl * Dept i PL %MC LL N a o ass ca on ows (Feet) 2 5 10 20 30 405060 80 665.9 0.1 Topsoil 16 15 12 1.0 :6- A: 27 663.0 3.0 - FILL - Brown, Sandy SILT (ML) with rock - - 2.5 fragments - moist. 1 -19-24 3.5 ; 43 RESIDUAL - Hard to Very Hard, Brown/Gray, 1626 _ 6.0 ! 76 Sandy SILT (ML) - moist. 50 : - 7.5 •: ................ . 92 654.0 12.0 = 50 8.5 Hard, Gray, Fine Sandy SILT (ML) - moist. 10.0 _ _ _ 121320 13.5 :A ... :..:........................... ...... ... .... 33 649.0 17.0 = 15.0 : . SOFT WEATHERED ROCK - Samples as 18 5 - Gray, Silty SAND (SM) with rock fragments - 5016- . 19 0 .....:...:........._...._...._ _ _ 100 moist. - 23 5 - . 24.0 ......:...:....:..<........;....:..;...:........:.. 00 1 28 5 5 . 100 28.7 :.........: ..........:..:... ......:...:.........: 633.6 _ 32.4 Auger Refusal @ 32.4 feet Groundwater: 0 Hour (prior to coring) - 22.2 feet; Caved at 28.5 feet Backfilled upon completion of drilling as a safety precaution `Number of blows required for a 140 lb hammer dropping 30" to drive 2" O.D., 1.375' I.D. sampler a total of 18 inches in three 6" increments. The sum of the last two increments of penetration is termed the standard penetration resistance, N. **Depths and elevations rounded to the nearest tenth of a foot. LABORATORY TEST RESULTS Particle Size Distribution Report 000 C C C C C C O O O O O O 7 O t0 M \ ik # 100 90 80 70 w 60 Z I-L - J Z 50 W U CL 40 30 20 10 0 100 10 1 0.1 0.01 GRAIN SIZE - mm %+3" % Gravel % Sand % Fines 0 0.0 0.2 1.6 9.2 89.0 Professional Service Client: Crescent Resources Industries, Inc. Project: The Capitol Charlotte NC Project No.: 460-65063 Report No. Coarse Fine Silt 0 0.0 13.2 9.0 16.1 61.7 SOIL DATA SYMBOL SOURCE SAMPLE NO. DEPTH ft.) Material Description USCS o B-11 0.5'- 2' Sandy Lean CLAY CL ? B-14 3.5' - 5' Fat CLAY CH I I I I I I I I I I I I i I r I I i I I I I I I I I' I I I I I I I I I I I I I II I I I I I I I I I I i I I I I I I I I l l I I I t I ? I I I I I ? I III i I I I I I I I I I I I I I r I I I I I -- I LIQUID AND PLASTIC LIMITS TEST REPORT 60 Dashed line indicates the approximate upper limit boundary for natural soils 50 - 40 - G x w 0 z U 30 - -- - -- g a 20 - I 0 10 CJ - 7 4 +i ML or OL MH or OH 10 30 50 70 90 110 LIQUID LIMIT MATERIAL DESCRIPTION LL PL PI %040 %<#200 USCS • Sandy Lean CLAY 46 24 22 77.8 61.7 CL • Fat CLAY 62 22 40 98.2 89.0 CH Project No. 460-65063 Client: Crescent Resources Remarks: Project: The Capitol • Received @ 14.0% Moisture ¦ Received @ 26.6% Moisture • Source: B-11 Elev./Depth: 0.5'- 2' ¦ Source: B-14 Elev./Depth: 3.5'- 5' Professional Service Industries, Inc. Charlotte, NC Report No. SUBSURFACE PROFILE A A e: O O O O CA O UI A (J N N O O O O CA O %0 A ID Ln N w A W R I m ?? ?, la 3 O ti ? N ? v m b 3 D v m m F cn r N C m N C O O O cn 0% N A N O O O N %0 UI N 0) V Q? 0+ O cn '0 n n m _ co la 0 r r*I m D C m X U v X a p 1 0X p Q 40 0. 9 p O Q o , v s c C.) m p o °0 c d O O O O O O A N T N a p O O O O O O V w w W ?D tC ? r ? g g p la @ o a S P P Y ? ? P & S ? 8 SITE PHOTOGRAPHS waft oftk waft ,?? 1111 \,?? loft oftmoftam lift Waft _ "Wa\_ ammummomm AMOWEMEMO mmm Photo 1 - View looking south from north end of property. GENERAL NOTES GENERAL NOTES SAMPLE IDENTIFICATION Infornwt?ion To BrWd On Enyinoor*j • Coaurhlrly • FoWnq The Uniled Soil Claeel laWen Symem (1SCS) is aced to Idondty aN sell soinples unless olho wise noted. RELATIVE DENSITY & CONSISTENCY CLASSIFICATIONS TERMS OION COHESIVE SOILS ST - I ANDARD PEN Very Loose ETRATION RESISTNICE 0-4 Loose 5-10 Medium Dense 11 - 30 Dense 30 - 50 Very Dense Over 50 OHESm Very Soft Soft Firm (Medium) SgQ Very SW Hard Very Hard PARTICLE SIZE SOIL CLASSIFICATION KEY ® Rock . AsphU Wealhered Rock El Concrete ® Rubble FIN Malarial Topsoil Gravel (Fill) Boulders I In. * Coarse Sand 5 mm- 0.6 mm Sib 0.074 mm - 0.005 mm Cobbles 8 In. - 3 In. Medium hand 0.6 mm - 0.2 mm CIaY Less than 0.005 mm Gravel 3 In. - 5 mm Fine Sand 0.2 mm - 0.074 mm DRILLING SYMBOL K EY IE Auger Probe y Groundwater Time of Drilling ? N Value Plolled H Plasfic Limit (PUS Plored Undisturbed Sample = Groundwater Moisture Content HSA - Hollow Slam Auger Drilling (Shelby Tube) _ 24• Hours Ploved (Mc%) WD - Wash Drilling MUD - Mud Drilling STANDARD PEKEER TION RESISTANCE 0-2 3-4 5-I I-15 18-30 31-50 Over 50 BNty SAND (Sin) ® Sandy or Silty CLAY (CL) (tow PI&S CAW Clayey SAND (SC) ® Sandy or Slaty CLAY (CH) (H(gA Pllatk? Poorly Graded SAN) '..:. mm ? Sandy SILT (ML) (Low Elas&JW Well Graded SAND Clayey SILT (MH) " ® (High E/nk#h