20090071 Ver 1_401 Application_20090109

09-0071

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JAN 2 1 2009

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WETlANDS AND STORMWATER BRANCH

PO, Box 18846. Zip 27419-8846. 313 Gallimore Dairy Road. Greensboro, NC 27409. P 336.668,0093. f336,668,3868

LETTER OF TRANSMITTAL

TO:

NC DWQ, 401lWetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

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Date:
Regular Mail:
Express Mail:
Federal Express:
Hand Carried:
Other:

1-20-2009
X

COPIES
5

DESCRIPTION
Pre-Construction Notification Form and Attachments

Ashton Place

Greensboro, Guilford County, North Carolina

Comments:

Please review the attached information. If you have any questions, please do not hesitate to call
or email.

www.trigoneng.com

Ck~

Christopher W. Hay, E.!.
[e-mail]
336.668.0093

08-0071

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JAN 2 1 2009

Office Use Only:
Corps action ID no,
DWQ project no,
Form Version 1.3 Dec 10 2008

..,,..,,,,. ^_..........
Pre-Construction Notification (PCN) Form
A. Applicant Information ~ PAr~
1. Processing ....,......
-
1 a. Type(s) of approval sought from the ['gI Section 404 Permit D Section 10 Permit
Corps:
1 b, Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c, Has the NWP or GP number been verified by the Corps? DYes ['gI No
1d, Type(s) of approval sought from the DWQ (check all that apply):
['gI 401 Water Quality Certification - Regular D Non-404 Jurisdictional General Permit
D 401 Water Quality Certification - Express D Riparian Buffer Authorization
1 e, Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
DYes ['gI No DYes ['gI No
1f, Is payment into a mitigation bank or in-lieu fee program proposed for mitigation DYes ['gI No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program,
1 g, Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h DYes ['gI No
below,
1 h, Is the project located within a NC DCM Area of Environmental Concern (AEC)? DYes ['gI No
2. Project Information
2a, Name of project: Ashton Place
2b, County: Guilford
2c, Nearest municipality / town: Greensboro
2d, Subdivision name: NA
2e, NCDOT only, T.I.P, or state NA
project no:
3. Owner Information
3a, Name(s) on Recorded Deed: Ashton Place Holdings, LLC
3b, Deed Book and Page No, DB 5726, PG 196
3c. Responsible Party (for LLC if Mr, Robert Walker
applicable):
3d, Street address: 965 Meadow Lane
3e, City, state, zip: Henderson, NC 27536
3f, Telephone no.: 252,492.2994
3g, Fax no,:
3h, Email address: rwalkerjr@nc,rr,com

U::NR - WATERQIJALITY

Page 1 of 11
PCN Form - Version 1,3 December 10,2008 Version

4. Applicant Information (if different from owner)
4a, Applicant is: o Agent o Other, specify:
4b, Name:
4c, Business name
(if applicable):
4d, Street address:
4e, City, state, zip:
4f, Telephone no,:
4g, Fax no,:
4h, Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Christopher W, Hay, E.I,
5b, Business name Trigon I Kleinfelder, Inc,
(if applicable):
5c, Street address: PO BOX 18846
5d, City, state, zip: Greensboro, North Carolina 27419-8846
5e, Telephone no.: 336-668-0093
5f, Fax no,: 336-668-3868
5g, Email address: chay@kleinfelder,com

Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
1 a, Property identification no, (tax PIN or parceIID): 05-04-0249-0-0306-00-012
1 b, Site coordinates (in decimal degrees): Latitude: 36,08677 Longitude: - 79,66533
(00,000000) (-00,000000)
1c, Property size: 10,11 acres
2. Surface Waters
2a, Name of nearest body of water (stream, river, etc,) to Little Alamance Creek
proposed project:
2b, Water Quality Classification of nearest receiving water: WS-IV; NSW, CA
2c, River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently vacant of any structures and consists of trees greater than 6-8 inches in diameter. Land use in
the vicinity of the site includes a church, residential properties, and undeveloped properties,
3b, List the total estimated acreage of all existing wetlands on the property:
There are no wetlands on the property, There are wetlands on the adjacent property (see Figure 4) that will not be
impacted.
3c, List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
120 feet of intermittent stream on the property, 37 feet of intermittent stream on adjacent property between property
boundary and wetland area.
3d, Explain the purpose of the proposed project:
To provide access to the property. The property is landlocked with the exception of a 1 OS-foot wide strip extending
south to Burlington Road with no alternate access, Zoning prohibits access through a residential subdivision to the
north,
3e. Describe the overall project in detail, including the type of equipment to be used:
Development of the site will include construction of Ashton Place, a health & rehabilitation center. Ashton Place is
proposed to include a structure with associated parking areas and driveways, Tree conservation areas will be in
place prior to any clearing or grubbing and will remain in place until construction is complete, Grading and utility
construction will include the use of bulldozers, loaders, dump trucks, and backhoes or trackhoes, A portion of the
stormwater BMP and road crossing impacts are located on the adjacent property authorized by the attached
agreement (Pond Maintenance and Easement Agreement) with Calvary Baptist Church,
4. Jurisdictional Determinations
4a, Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? DYes ~No D Unknown
Comments: No jurisdictional determinations have previously
been requested for this project.
4b, If the Corps made the jurisdictional determination, what type D Preliminary D Final
of determination was made?
4c, If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d, If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation,

Page 3 of 11
PCN Form - Version 1,3 December 10,2008 Version

B. Project Information and Prior Project History

5. Project History
5a, Have permits or certifications been requested or obtained for I D Y IZI No D Unknown
this project (including all prior phases) in the past? es
5b, If yes, explain in detail according to "help file" instructions,
Ecologic previously delineated wetlands at the adjacent property owned by Calvary Baptist Church. Andrea Wade
(USACE) and Daryl Lamb (DWQ) visited the site with Mark Taylor, A memorandum summarizing their findings is
attached,
6. Future Project Plans
6a. Is this a phased project? I DYes IZI No
6b, If yes, explain,

Page 4 of 11

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
o Wetlands !;gI Streams - tributaries !;gI Buffers
o Open Waters o Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Foreste (Corps - 404, 10 Area of impact
Permanent (P) or (if known) d OWQ - non-404, other) (acres)
Temporary (T)
W1 0 pDT DYes o Corps
ONo OOWQ
W20POT DYes o Corps
ONo OOWQ
W3 0 pDT DYes o Corps
ONo OOWQ
W4 0 pDT DYes o Corps
ONo OOWQ
W5 0 pDT DYes o Corps
ONo OOWQ
W60POT DYes o Corps
ONo OOWQ
2g. Total wetland impacts NA
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete
this question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perenni Type of jurisdiction Average Impact
number - al (Corps - 404, 10 stream length
Permanent (P) or (PER) OWQ - non-404, width (linear
Temporary (T) or other) (feet) feet)
intermitt
ent
(INT)?
Culvert and UT to Little OPER !;gI Corps
S1 !;gI pDT associated 2 145.2
dissipation device Alamance Creek !;gI1 NT OOWQ
S2 0 P !;gI T Culvert UT to Little OPER !;gI Corps 2 4.0
Construction Alamance Creek !;gI1 NT OOWQ
S3 0 pDT o PER o Corps
DINT OOWQ
S40POT o PER o Corps
DINT OOWQ
S5 0 pDT o PER o Corps
DINT OOWQ
3h. Total stream and tributary impacts 149.2
3i. Comments:

Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open
water of the U.S. then individually list all ooen water imoacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temoorarv (T)
01 0 pDT
02 0 PDT
03 0 pDT
040POT
4f. Total open water impacts NA
4g. Comments:
5. Pond or Lake Construction
If oond or lake construction prooosed, then comolete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond 10 Wetland Impacts (acres) Stream Impacts (feet) Upland
Proposed use or (acres)
number purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
Sf. Total NA NA NA NA NA NA NA
5g. Comments:
5h. Is a dam high hazard permit required? DYes ONo If yes, permit 10 no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer
imoacts below. If any impacts require mitiaation, then \ ou MUST fill out Section 0 of this form.
6a. o Neuse o Tar-Pamlico !;gI Other: Guilford County
Proiect is in which orotected basin? o Catawba o Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary (T) reauired?
B1 !;gIPOT Road Crossing UT to Little DYes 1,621 521
Alamance Creek !;gI No
B2 OP!;gIT Road Crossing UT to Little DYes 3,819 NA
Construction Alamance Creek !;gI No
B3 0 PDT DYes
ONo
6h. Total buffer impacts 5,440 521
6i. Comments:

Page 6 of 11

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Alternate locations for the access road to the site were investigated. A residential development is located northeast
of the site. Hartsfield Forest Drive, one of the secondary roads within the residential development, is proposed to
be extended to the northeast corner of the site. However, according to the City of Greensboro, this road is located
within a residential zoning district and cannot be used for business traffic. Therefore, the property is only
accessible from Burlington Road. The location of the road crossing was designed to minimize the amount of fill to
accommodate the road crossing and avoid additional impacts to the stream and wetlands to the east. The access
drive to the site will maintain the minimum required width to minimize impacts to the intermittent stream. Headwalls
were designed at the ends of the culvert to reduce the footprint of the fill required to accommodate the road
crossing.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
It would greatly reduce the risk for surface water impacts to complete construction of the road crossing during dry
periods of the summer when base flow in the intermittent stream is reduced. Stormwater will be addressed by
installing BMPs until permanent vegetation is established. Headwalls were designed at the ends of the culvert to
reduce the footprint of the fill required to accommodate the road crossing.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for DYes !;gI No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): 0 OWQ o Corps
0 Mitigation bank
2c. If yes, which mitigation option will be used for this 0 Payment to in-lieu fee program
project?
0 Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type I Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. DYes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: o warm o cool Ocold
4d. Buffer mitigation requested (OWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
S. Complete if Using a Permittee Responsible Mitigation Plan

Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version

Sa. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires DYes !;gI No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:

Page 8 of 11

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified DYes !;gI No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why. DYes ONo
Comments:
2. Stormwater Manaaement Plan
2a. What is the overall percent imperviousness of this project? 45%
2b. Does this project require a Stormwater Management Plan? !;gI Yes ONo
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater from impervious areas are captured and directed to stormwater management pond for water quality and
quantity control.
!;gI Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? o OWQ Stormwater Program
o OWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Greensboro/Guilford
County
!;gI Phase II
3b. Which of the following locally-implemented stormwater management programs ONSW
o USMP
apply (check all that apply): o Water Supply Watershed
o Other:
DYes !;gI No
3c. Has the approved Stormwater Management Plan with proof of approval been Final approval to be based on
attached?
approval of PCN.
4. DWQ Stormwater Proaram Review
0 Coastal counties
0 HQW
4a. Which of the following state-implemented stormwater management programs apply 0 ORW
0 Session Law 2006-246
(check all that apply): 0 Other:
NA
4b. Has the approved Stormwater Management Plan with proof of approval been DYes ONo
attached? NA
S. DWQ 401 Unit Stormwater Review
Sa. Does the Stormwater Management Plan meet the appropriate requirements? !;gI Yes ONo
5b. Have all of the 401 Unit submittal requirements been met? !;gI Yes ONo

Page 9 of 11
peN Form - Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the DYes !;gI No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State DYes ONo
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval DYes ONo
letter. )
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of OWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), OWQ Surface Water or Wetland Standards, DYes !;gI No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? DYes !;gI No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in DYes !;gI No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent OWQ policy. If you answered "no," provide a short narrative description.
The project consists of the construction of a health and rehabilitation center. The project is not phased nor is it expected
to encourage additional development in the area.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated at the site will be treated by the City of Greensboro.

Page 10 of 11
PCN Form - Version 1.3 December 10,2008 Version

5. Endang.red Specl. and D.lgnateet Critical Habitat (Corps Requirement)
Sa. Will this project occur in or near an area with federally protected species or DYes 181 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act 181 Yes DNo
impacts?
5c. If yes, indicate the USFWS Field Oftice you have contacted. 181 Raleigh
D Asheville
Sd. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish & WUdlife Service Online (htto://www.fws.aov/nc-es/eslcnMist/9uilford.htmO
North Carolina Natural Heritage Program (http://149.168.1.196/nholauad.php)'
6. ess.ntlal Fish Habitat (Corps Requtrement)
6a. Will this project occur in or near an area designated as essential fish habitat? DYes I8JNo
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.ftoridamarineloralefh coral/ims/viewer/htm.
7. Historic or Prehistoric Cultural Resourcea (Corps Requirement)
7a. Will this project occur In or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation DYes I8J No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://www.hoo.ncdcr.QOv, http://www.hoo.ncdcr.aov/nrlist.htm,
htto://www.archaeoloav.ncdcr.aov/ncarch/articleslarticles.htm.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? DYes 181 No
8b. If yes, explain how project meets FEMA requirements:
Be. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Information System
(http://www.ncfloodmaps.com).
~d~11- I'" 19 -C>9
Applicant/Agent's Printed Name Applicant/Agent's SignatunJI Date
(Agenfs slgnMunt is valid only if an authoriz8tion Iett8f from the applicant
11-.

,

Page 11 of 11

USACE AID#

DWQ#

Site #

(indicate on attached map)

I I
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STREAM QUALITY ASSESSMENT WORKSHEET

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Provide the following information for the stream reach under assessment:
1. Applicant's name: 2. Evaluator's name:

5. Name of stream:

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4. Time of evaluation: q ~o a..W'\,
6. River basin: & f~ ~tAl/

8. Stream order: F-'I~f orA~\
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12. Subdivision name (if any): r-JA.
-79. l.el!~'3-s

3. Date of evaluation:

7. Approximate drainage area:

Latitude (ex. 34.872312):

10. County:

~tJ\j

15. Recent weather conditions:
16. Site conditions at time of visit: ~

22. Bankfull width:

17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed _(I-IV)
18. Is there a pond or lake located upstream of the evaluation point? Cili NO If yes, estimate the water surface area: ~() N G
19. Does channel appear on USGS quad map? YES ~ 20. Does channel appear on USDA Soil Survey? ~ NO
21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural
\/Ut) % Forested _% Cleared / Logged _% Other (
2- ~+ 23 Bank height (from bed to top of bank): (0-/2 iV1C[1e$
~ent1e (2 to 4%) _Moderate (4 to 10%) _Steep (>10%)
~requent meander _Very sinuous _Braided channel

24. Channel slope down center of stream: _Flat (0 to 2%)
25. Channel sinuosity: _Straight _Occasional bends

Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points
to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the
characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the
comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture
into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the
highest quality.

Date 12./ ~I /cB

This channel evaluation form is intended to be ed only as a guide to assist landowners and environmental professionals in
gathering the data required by the United Sta es Army Corps of Engineers to make a preliminary assessment of stream
quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26.

Evaluator's Signature

STREAM QUALITY ASSESSMENT WORKSHEET

2-
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3-
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0
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0~5 1
O~5 "$
0-5 2
0-6 0
0-6 2
0-5 3
0-4 I
0
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2

Notes on Characteristics Identified in Assessment Worksheet

1. Consider channel flow with respect to channel cross-sectional area (expected flow), drainage area, recent precipitation, potential
drought conditions, surrounding land use, possible water withdrawals, presence of impoundments upstream, vegetation growth in
channel bottom (as indicator of intermittent flow), etc.
2. Human-caused alterations may include relocation, channelization, excavation, riprap, gabions, culverts, levees, berms, spoil piles
adjacent to channel, etc.
3. The riparian zone is the area of vegetated land along each side of a stream or river that includes, but is not limited to, the
floodplain. Evaluation should consider width of riparian area with respect to floodplain width, vegetation density, maturity of
canopy and understory, species variety, presence of undesirable invasive species (exotics), breaks (utility corridors, roads, etc.),
presence of drainage tiles, logging activities, other disturbances which negatively affect function ofthe riparian zone.
4. Evidence of nutrient or chemical discharges includes pipes, ditches, and direct draining from commercial and industrial sites,
agricultural fields, pastures, golf courses, swimming pools, roads, parking lots, etc. Sewage, chlorine, or other foul odors,
discolored water, suds, excessive algal growth may also provide evidence of discharge.
5. Groundwater discharge may be indicated by persistent pools and saturated soils during dry weather conditions, presence of
adjacent wetlands, seeps, and springs feeding channel, reduced soils in channel bottom.
6. Presence of floodplains may be determined by topography and the slope of the land adjacent to the stream, terracing, the extent of
development within the floodplain, FEMA designation ifknown, etc.
7. Indicators of floodplain access include sediment deposits, wrack lines, drainage patterns in floodplain, local stream gauge data,
testimony oflocal residents, entrenchment ratio, etc. Note that indicators may relic and not a result of regular flooding.
8. Wetland areas should be evaluated according to their location, size, quality, and adjacency relative to the stream channel, and
may be indicated by beaver activity, impounded or regularly saturated areas near the stream, previous delineations, National
Wetland Inventory maps, etc. (Wetlands must meet criteria outlined in 1987 delineation manual and are subject to USACE approval.)
9. Channel sinuosity should be evaluated with respect to the channel size and drainage area, valley slope, topography, etc.
10. To evaluate sediment deposition within the channel consider water turbidity, depth of sediment deposits forming at point bars and
in pools, evidence of eroding banks or other sediment sources within watershed (construction sites, ineffective erosion controls). In
rare cases, typically downstream of culverts or dams, a sediment deficit may exist and should be considered in scoring.
11. When looking at channel substrate, factor in parent material (presence of larger particles in soil horizons adjacent to the stream), average
size of substrate (bedrock, clay/silt, sand, gravel, cobble, boulder, etc.), and diversity of particle size (riprap is excluded).
12. Indications of channel incision and deepening may include a v-shaped channel bottom, collapsing banks, evidence of recent
development and increased impervious surface area resulting in greater runoff in the watershed.
13. Evaluation should consider presence of major bank failures along the entire reach under evaluation, including uprooted trees on
banks, banks falling into channel, formation of islands in channel as they widen, exposed soil, active zones of erosion, etc.
14. Increased root depth and density result in greater bank stability. Consider the depth and density that roots penetrate the bank
relative to the amount of exposed soil on the bank and the normal water elevation.
15. Assessment of agriculture, livestock, and/or timber production impacts should address areas of stream bank destabilization,
evidence of livestock in or crossing stream, loss of riparian zone to pasture or agricultural fields, evidence of sediment or high
nutrient levels entering streams, drainage ditches entering streams, loss of riparian zone due to logging, etc.
16. Riffle-pool steps can be identified by a series of alternating pools and riffles. Abundance, frequency, and relative depth of riffles
and pools should be considered with respect to topography (steepness of terrain) and local geology (type of substrate).
Coastal plain streams should be evaluated for the presence of ripple-pool sequences. Ripples are bed forms found in sand bed
streams with little or no gravel that form under low shear stress conditions, whereas, dunes and antidunes form under moderate
and high shear stresses, respectively. Dunes are the most common bed forms found in sand bed streams.
17. Habitat complexity is an overall evaluation of the variety and extent of in-stream and riparian habitat. Types of habitat to look
for include rocks/cobble, sticks and leafpacks, snags and logs in the stream, root mats, undercut banks, overhanging vegetation,
pool and riffle complexes, wetland pockets adjacent to channel, etc.
18. Evaluation should consider the shading effect that riparian vegetation will provide to the stream during the growing season. Full
sun should be considered worst case, while good canopy coverage with some light penetration is best case.
19. Stream embeddedness refers to the extent that sediment that has filled in gaps and openings around the rocks and cobble in the
streambed. The overall size of the average particle in the streambed should be considered (smaller rocks will have smaller gaps).
20. Evaluation should be based on evidence of stream invertebrates gathered from multiple habitats. Scores should reflect
abundance, taxa richness, and sensitivity of stream invertebrate types. (see attached examples of common stream invertebrates on page
4).
21. Evaluation should include evidence of amphibians in stream channel. Tadpoles and frogs should receive minimum value, while
salamanders, newts, etc. may be assigned higher value.
22. Evaluation offish should consider the frequency and, if possible, the variety of different fish taxa observed.
23. Evaluation of wildlife should include direct observation or evidence (tracks, shells, droppings, burrows or dens, hunting stands, evidence
of fishing, etc.) of any animals using the streambed or riparian zone, to include small and large mammals, rodents, birds, reptiles,
insects, etc.

3

Common Stream Invertebrates

T

P 11 .

h

b fi d'

d

r

t

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(\

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Dobsonfly

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Water Penny

Gilled Snail

Somewhat Tolerant Taxa - Somewhat pollution tolerant organisms that may be found in good or

~ III I {]
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Crayfish

Damselfly Nymph

Scud

Dragon Fly Nymph

Tolerant Taxa - Pollution tolerant or anisms that may be found in anY"quali water.

~

"

J

Blackfly Larva

Leech

Midge Fly Larva

~

O~

Aquatic W onn

Pouch & Pond Snail

4

North Carolina Division of Water Quality - Stream Identification Form; Version 3.1

Date:

Project: A..,,^\o.J\ 7 \L.,t~
Site: ~ 9W ' -\b4\ ~
County: G\.J\l~

Latitude:

Longitude:

Total Points:
Stream is at least intermittent " le
if> 19 or erennial if'?: 30 I.-"

Other
e.g. Quad Name:

A. Geomoroholoav (Subtotal = \ \ ) Absent Weak . Moderate Strong
18. Continuous bed and bank 0 1 <::2:) 3
2. Sinuosity 0 1 2 0::>
3. In-channel structure: riffle-pool sequence 0 ('b 2 3
4. Soil texture or stream substrate sorting 0 1 (2) 3
5. Active/relic floodplain 0 CD 2 3
6. Depositional bars or benches 0 05- 2 3
7. Braided channel (n) 1 2 3
8. Recent alluvial deposits 0 1 (2/ 3
98 Natural levees ('0) 1 2 3
10. Headcuts 0 (i) 2 3
11. Grade controls 0 0.5 OJ 1.5
12. Natural valley or drainageway 0 0.5 1 ;r~
13. Second or greater order channel on existina --
USGS or NRCS map or other documented No =0 Yes = 3
evidence.

c;{

8 Man-made ditches are not rated; see discussions in manual
..--/
B. H drolo Subtotal = 0,';>
14. Groundwater flow/discharge
15. Water in channel and> 48 hrs since rain, or
Water in channel -- d or rowin season
16. Leaflitter
17. Sediment on plants or debris
18. Organic debris lines or piles (Wrack lines)
19. Hydric soils (redoximorphic features) present?

--
C. Biology (Subtotal = '7

0 2 3
0 2 3
1.5 0.5 0
0 1 1.5
0 1 ~ 1.5
No = 0 Yes f 'f5')

20b. Fibrous roots in channel 3 2 <3> 0
21 b. Rooted plants in channel 3 Q.) 1 0
22. Crayfish (0) 0.5 1 1.5
23. Bivalves l.'D\ 1 2 3
24. Fish "'"0) 0.5 1 1.5
25. Amphibians OJ 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) V 0.5 1 1.5
27. Filamentous algae; periphyton Dr 1 2 3
28. Iron oxidizing bacteria/fungus. j~ 0.5 1 1.5
29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAY = 2.0; Other = 0
0

Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.

Notes: (use back side of this form for additional notes.)

Sketch:

ASHTON PLACE
SITE PHOTOGRAPHS
TRIGON I KLEINFELDER PROJECT NO. 97884

-~.
, ,

.,(
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Photograph 1 - View of east property line looking down gradient.

ASHTON PLACE
SITE PHOTOGRAPHS
TRIGON I KLEINFELDER PROJECT NO. 97884

Photograph 3 - View of west property line looking upgradient.

Photograph 4 - View of road crossing looking upgradient.

ASHTON PLACE
SITE PHOTOGRAPHS
TRIGON I KLEINFELDER PROJECT NO. 97884

'1~

TRIGON

TOPOGRAPHIC MAP

ASHTON PLACE
5585 BURLINGTON ROAD
GUILFORD COUNTY, NORTH CAROLINA

SOURCE:
k..~*.,=tIA"'lat=t"..1=t:""'I.];'I:lJjJ ~~~i;J;s;,,~r~~~~~tL.E

GREENSBORO, NORTH CAROLINA DATE: 12/22/08

APPROVEC;;~

PROJECT NO: 97884

SCALE: I" = 2,000'

FIGURE 1

~
f

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TRIGON

SOIL SURVEY MAP

ASHTON PLACE
5585 BURLINGTON ROAD
GUILFORD COUNTY, NORTH CAROLINA

_~".,:f""TJ.;;r,:f"..J,:f":""'.lIlJ~
GREENSBORO, NORTH CAROLINA

SOURCE:
GUILFORD COUNlY SOIL SURVEY
SHEET NUMBER 23

APPROVED B~~

PROJECT NO: 97884

SCALE: I": 1.667'

DATE: Int09

FIGURE 2

7A~

TRIGON

2007 AERIAL PHOTOGRAPH

ASHTON PLACE
5585 BURLINGTON ROAD
GUILFORD COUNTY, NORTH CAROLINA

.':'.~"AJ""I'Y"'''''AJ..l''''{'''''l:.lIIl~
GREENSBORO, NORTH CAROLINA

SOURCE:
GUILFORD COUNTY GIS

APPROVED BY O:})\.

PROJECT NO 97884

SCALE: I" ~ 400'

DATE: Int09

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NORTH CAROLINA

POND MAINTENANCE
AND
EASEMENT AGREEMENT

GUILFORD COUNTY

THIS POND MAINTENANCE AND EASEMENT AGREEMENT ("Agreement")

made and entered into as of this

day of

, 2009, by and between

ASHTON PLACE HOLDINGS, LLC ("Ashton"), a North Carolina limited liability company,

and CAL VARY BAPTIST CHURCH INC. OF MCLEANSVILLE ("Church"), a North

Carolina corporation.

RECITALS:

Ashton has acquired from Church, by Deed dated July 29, 2008 and recorded in the

Guilford County Registry in Book 6921 at Page 81, a parcel of land ("Ashton Property")

consisting of approximately 10.203 acres with frontage on Burlington Road, leaving Church with

a remainder of property ("Church Property") consisting of approximately 42.487 acres on which

presently is located facilities of Church and for which Church has development plans for

additional Church facilities. Ashton intends to construct on the Ashton Property a skilled

nursing care facility ("Care Facility"), and, as a part of its agreement with Church for the

acquisition of the Ashton Property, Church has agreed with Ashton that Church will permit

GREENSBORO 920809.5

Ashton to construct partially on the Church Property a water quality pond (the "Pond") in order

to meet requirements of Guilford County and the City of Greensboro for water quality and

watershed protection for the Ashton Property. The Pond will be constructed in the location

shown on Exhibit A, attached hereto and incorporated herein by reference, and the structures and

facilities, including without limitation, any and all pipes, conduits, drainage lines and other

apparatus ("Pond Structures") for the Pond providing for discharge of water into and from the

Pond also shall be constructed in the locations as shown on Exhibit A. The Pond Structures will

be constructed by Ashton of such a size and capacity to meet presently anticipated future needs

of Church, but the Pond will be constructed of such a size and capacity to meet the requirements

for the Ashton Property. Ashton shall be solely responsible for the costs of construction of the

Pond, the Pond Structures, all costs of maintenance of the Pond and Pond Structures, unless and

until such time as Church should determine to enlarge the Pond to meet requirements for the

Church Property, at which time Church will be solely responsible for the costs of enlargement of

the Pond and will contribute to the costs of maintenance of the Pond, as hereinafter provided.

Provided, however, should the Church cause construction or other activities to take place on the

Church Property which contribute to sedimentation in the Pond, or otherwise impact the Pond in

such a manner as to require additional costs of maintenance of the Pond, Church shall be solely

responsible for such costs. Church wishes hereby to grant to Ashton perpetual nonexclusive

easements to construct and maintain the Pond and the Pond Structures in the location shown on

Exhibit A and, further, wishes to grant Ashton (i) a temporary grading and construction easement

over all areas shown therefor on Exhibit A and (ii) a temporary easement for access during

construction over and upon the existing dirt drive, the location of which generally also is shown

on Exhibit A. The design and plans for the Pond will comply with applicable laws and

GREENSBORO 920809.5

2

ordinances of Guilford County, the City of Greensboro, and any other entity having jurisdiction

therefor, and, prior to submittal to appropriate governmental offices for approval, shall be

submitted to Church for Church's approval, which will not be unreasonably withheld.

NOW, THEREFORE, for and in consideration of the covenants and agreements

hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of

which are hereby acknowledged, Ashton and Church hereby agree as follows:

1. Grant of Easements. Church hereby grants and conveys to Ashton, its

successors and assigns, the following:

(a)

Pond and Pond Structure Easements.

Nonexclusive, perpetual,

transferable easements (the "Pond and Pond Structure Easements") (which

easements shall be appurtenant to and run with the land) over and across

all portions of the Church Property, shown on Exhibit A, upon which is

located the Pond (including all areas surrounding the Pond required for

maintenance and upkeep thereof) and all portions of the Church Property

under and through which the Pond Structures shall be constructed by

Ashton, all of which area is shown on Exhibit A as "Permanent Easement

for Pond". These Pond and Pond Structure Easements are for the purpose

of (i) constructing the Pond and Pond Structures and allowing drainage

from the Ashton Property to be collected into and retained in the Pond and

to be discharged therefrom in accordance with the terms and conditions set

forth herein and in such a manner as is necessary to comply with the

ordinances of Guilford County, the City of Greensboro or other

GREENSBORO 920809.5

3

governmental entity having jurisdiction relating to storm water runoff and

watershed protection and (ii) for access to the Pond and the Pond

Structures for required maintenance thereof. It is the express intent of

Church and Ashton that this grant of easement shall not entitle any

property other than the Ashton Property and the Church Property to utilize

the Pond for compliance with watershed requirements of Guilford County,

the City of Greensboro or other governmental entity having jurisdiction

relating to storm water runoff and watershed protection without the

express written consent of Church and Ashton.

(b) Grading and Construction Easement. A temporary grading and

construction easement ("Grading and Construction Easement") over all

areas shown and designated on Exhibit A as "Grading Easement", for the

purpose of necessary grading and construction of the Pond, Pond

Structures and the Care Facility.

(c) Temporary Construction Access Easement. A temporary easement

("Access Easement") over and upon and to utilize the existing dirt drive

("Drive") in the location generally shown on Exhibit A for access as

required to construct the Pond, the Pond Structures and the Care Facility.

Ashton will make such improvements to the Drive, including without

limitation, adding gravel, grading and leveling, as necessary to accomplish

Ashton's construction activities. Upon completion of all of Ashton's

construction activities, Ashton will leave the Drive in as good or better

GREENSBORO 920809.5

4

condition as existed at the time of Church's granting of this Access

Easement.

2. Oblie:ation to Maintain. Ashton shall be solely responsible for the construction,

operation and maintenance of the Pond, which shall include maintaining the minimum sediment

storage volume required by Guilford County, the City of Greensboro, or other governmental

entity having jurisdiction, and maintaining any part of the Pond which is not properly

functioning as originally designed and approved by Guilford County and the City of Greensboro.

Provided, however, should Church, at any time as a result of construction or other activity on the

Church Property, cause sedimentation in the Pond or otherwise result in costs attributable to

activity on the Church Property, Church shall be solely responsible for such costs. In the event

that Church should, at any time in the future, wish to utilize the Pond to meet storm water runoff

and watershed protection requirements of Guilford County, the City of Greensboro, or other

governmental entity having jurisdiction, in connection with improvements and additions to the

Church Property, Church shall be solely responsible for any and all costs of enlarging the

capacity of the Pond to meet such requirements. Thereafter, any ongoing costs of maintenance

of the Pond, which shall include maintaining the minimum sediment storage volume required by

Guilford County, the City of Greensboro, or other governmental entity having jurisdiction, and

maintaining any part of the Pond which is not properly functioning as originally designed and

approved by Guilford County and the City of Greensboro, shall be shared between Ashton and

Church based upon the percentage of the Ashton and Church Property that drains into the Pond.

Ashton and Church agree to share in the cost of any required maintenance on the Pond based

upon the percentage calculated by taking the amount of drainage area from each site contributing

to flow to the Pond and dividing it by the total drainage area flowing into the Pond. Any such

GREENSBORO 920809.5

5

cost shall be paid by Ashton and reimbursed to Ashton from Church within thirty (30) days of

receipt by Church of a certificate from Ashton setting forth:

(a) The amounts expended for the operation and maintenance of the Pond;

(b) The nature of such operation and maintenance;

(c) The costs incurred in performing such operation and maintenance; and

(d) That such operation and maintenance has been done in conformity with all

applicable legal requirements and accepted and approved by any party

having jurisdiction over the Pond, if applicable.

The certificate shall be accompanied by paid invoices or other documentation itemizing

such expenditures. In the event that Church fails, within thirty (30) days after receipt of such

certificate, to reimburse Ashton for its share of the costs incurred, Ashton shall have a lien upon

Church Property to secure the payment of any such amounts when and on the date that a claim of

lien is filed of record in the Office of the Clerk of Superior Court of Guilford County, North

Carolina. The claim of lien shall set forth the name and address of the record owner of the

Church Property, and a description of the Church Property. Such lien shall be enforced in the

same manner as a mortgage lien or deed of trust. Such lien shall be subordinate to any mortgage

or deed of trust placed on all or any part of Church Property. This subordination shall be

completely self-executing and shall require no further notice or the execution of any instrument

by Ashton claiming a right of reimbursement.

3. Rie:ht of Governmental Entities. In the event that Ashton shall fail or refuse to

maintain the Pond in such manner as required by Guilford County, the City of Greensboro, or

GREENSBORO 920809.5

6

other governmental entity having jurisdiction over the Pond, either Church or such governmental

entity shall have the full right and authority to cause any such maintenance to be performed, and

the expense thereof, if not reimbursed to the governmental entity incurring the expense as herein

provided, shall be a lien as provided herein upon the Ashton Property.

4. Amendment. This Agreement may be amended or terminated only with the

agreement of Ashton and Church, and with the concurrence of Guilford County, the City of

Greensboro, or other governmental entity having jurisdiction for watershed protection, which

concurrence shall include approval of compliance with watershed protection requirements by

some other means other than this Agreement.

5. Rie:hts under Easements. The rights, benefits and easements granted and

conveyed pursuant to this Agreement shall be binding upon Ashton and Church, their successors

and assigns, to have and to hold the aforesaid easements, rights and benefits and all privileges

and appurtenances thereto belonging to Ashton and Church as herein provided.

6. No Third Party Beneficiarv. This Agreement and the easements granted hereby

are intended for the exclusive benefit of Ashton and Church, their successors and assigns, and no

other party will be deemed to be a third party beneficiary of this Agreement and grant of

easements.

7. Indemnities of Church. In further consideration for the execution of this

Agreement by Ashton, Church shall and does hereby agree:

(a) to hold Ashton harmless and indemnify Ashton, its employees and agents,

from all claims, liabilities, demands, actions and proceedings of any kind,

GREENSBORO 920809.5

7

including, but not limited to, the death or injury to any person or damage

to any property, that may be asserted against Ashton, arising from and/or

in connection with, or caused in whole or in part, directly or indirectly by,

any acts or omissions, active or passive, related to Church's performance

under the terms of this Agreement.

(b) to hold Ashton harmless and indemnify Ashton, its employees and agents,

from and against all losses, damages, penalties, forfeitures, costs and

expenses (including reasonable attorneys' fees) arising from and/or in

connection with, or caused in whole or in part, directly or indirectly by,

any acts or omissions, active or passive, related to Church's performance

under the terms of this Agreement.

8. Indemnities of Ashton. In further consideration for the execution of this

Agreement by Church and the Church's granting to Ashton the Pond and Pond Structure

Easements, Grading and Construction Easement, and temporary construction Access Easement

(hereinafter collectively "the Easements") as set out in this Agreement, Ashton shall and does

hereby agree:

(a) to hold Church harmless and indemnify Church, its employees and agents,

from all claims, liabilities, demands, actions and proceedings of any kind,

including, but not limited to, the death or injury to any person or damage

to any property, that may be asserted against Church, arising from and/or

in connection with, or caused in whole or in part, directly or indirectly by,

any acts or omissions, active or passive, related to Ashton's performance

GREENSBORO 920809.5

8

under the terms of this Agreement and/or its use, maintenance and upkeep

of the Easements as provided in this Agreement, including but not limited

to, the construction of the Pond and the maintenance and upkeep thereof.

(b) to hold Church harmless and indemnify Church, its employees and agents,

from and against all losses, damages, penalties, forfeitures, costs and

expenses (including reasonable attorneys' fees) arising from and/or in

connection with, or caused in whole or in part, directly or indirectly by,

any acts or omissions, active or passive, related to Ashton's performance

under the terms of this Agreement and/or its use, maintenance and upkeep

of the Easements as provided in this Agreement, including, but not limited

to, the construction of the Pond and the maintenance and upkeep thereof.

9. Recitals. The Recitals set forth hereinabove shall be considered to be a part of

this Agreement.

10. Applicable Law. This Agreement shall be construed in accordance with the laws

ofthe State of North Carolina.

11. Bindin2 Effect. This Agreement and the easements granted herein shall be

binding upon the parties, their successors and assigns, as described above.

GREENSBORO 920809.5

9

IN WITNESS WHEREOF, Ashton and Church have caused this Agreement to be

executed as of the day and year first above written.

ASHTON PLACE HOLDINGS, LLC

By:
Name: Robert H. Walker, Jr.
Title:

CAL VARY BAPTIST CHURCH INC. OF
MCLEANSVILLE

By:
Name: Jerrell E. Coble
Title: President

GREENSBORO 920809.5

10

NORTH CAROLINA
COUNTY

I certify that the following person personally appeared before me this day, acknowledging to
me that he or she signed the foregoing document: Robert H. Walker, Jr.

Today's Date:

,2009

[Notary's signature as name appears on seal]

[Notary's printed name as name appears on seal]

My commission expires:

,20_

[Affix Notary Seal in Space Above]

NORTH CAROLINA
COUNTY

I certify that the following person personally appeared before me this day, acknowledging to
me that he or she signed the foregoing document: Jerrell E. Coble.

Today's Date:

,2009

[Notary's signature as name appears on seal]

[Notary's printed name as name appears on seal]

My commission expires:

,20_

[Affix Notary Seal in Space Above]

GREENSBORO 920809.5

11

EXHIBIT A

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GREENSBORO 920809.5

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GREENSBORO 920809.5

13

mECOI.OGIC

4321-A S. Elm-Eugene St. . Greensboro NC 27406
[phone]. Fax [phone]
www.ecologic-nc.com

MEMORANDUM

To: Marc Chambers, AIA, TRG Architecture
Copy: Jerry Coble, Calvary Baptist Church

Subject: Water Quality Permitting, Birch Creek Road Site

From: Mark Taylor, PE

Date: February 24, 2005

All comments are preliminary and subject to verification. As both regulators pointed out,
final determinations of permitting and mitigation requirements can only be made when an
application is submitted with a site development plan showing proposed impacts.

Jurisdictional Determinations:

USACE:

NCDWQ:

Delineated wetlands (not "isolated") are jurisdictional, including the area
above the pond. No "mitigatable" streams are present except possibly
below the dam to the west. The determination of jurisdictional streams
(perennial or intermittent) is left to NCDWQ. (Andrea Wade site visit)

Wetlands are as determined by USACE. Two additional "isolated"
wetlands may occur as noted on the plan (2 circles). The "banana shaped"
channel in the NE comer is ephemeral (non-jurisdictional). The stream
below the dam (west) is probably intermittent and may become perennial
further west. (Daryl Lamb site visit)

Guilford County: Buffer requirements only apply to perennial streams feeding Lake
McIntosh, so this should not be an issue except possibly west of the dam.
(Warren Simmons personal communication)

Permitting Implications:

USACE:

A CW A 404 Nationwide Permit (NWP) 39 is most probable and required
for wetland impacts> 1/1 0 acre. The limits of cumulative impacts are 1/2
acre of wetlands and 300 If of perennial stream. A NWP 18 may be added
if needed to allow limited filling of the wetland above the pond (max. 25
CY cut or fill "below the plane of the ordinary high water mark"). All
impacts are subject to mitigation (but not likely in this case).

Technology Serving Ecology

Memo - Water Quality Pennitting, Birch Creek Road Site

NCDWQ:

A CWA 401 Water Quality Certification (WQC #3402) will accompany
the NWP 39 or 18. Mitigation thresholds are> or = 150 If of perennial
stream and > or = 1 acre wetlands (cumulative impacts for project). Added
stormwater requirements may apply, but this determination is still
pending.

Site Development Plan:

Clearly the alternative plan is more favorable from an avoidance and minimization
perspective. The preferred plan looks permitable under the permitting strategy outlined
above, with careful attention to cumulative impacts needed. It would be best to limit
impacts to the pond area, and to avoid altogether plans to retrofit the pond for stormwater
or sediment control purposes. If there is any consideration of abandoning the pond in the
future, future site use implications need to be addressed ahead of time, as wetland and
stream issues may still apply.

Schedule Implications:

Permitting as outlined above should be possible within 90-120 days or less from
finalization of the site development plan, but anything is possible depending on the final
plan. The fewer impacts, the quicker and easier permitting will be. We will need 2 to 4
weeks to prepare and submit the application depending on our work load at the time.

2/24/05

2

EcoLogic