HomeMy WebLinkAbout20090071 Ver 1_More Info Received_20090402TDesign
Group
4807-C Koger Blvd.
Greensboro, NC 27407
Phone 336-218-8282
Fax 336-218-8010
TRANSMITTAL LETTER
Date: April 1, 2009
:Sue Homewood
ivision of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Project: Ashton Place
Greensboro, NC
We Transmit:
( x ) herewith
( ) under separate cover
The Following:
Copies Date
2 March 31, 2009
2 March 4, 2009
2 April 1, 2009
2 February 20, 2009
2
RECEIVED
N.C. DeoL of ENR
APR 0 2 2009
Winston-Salem
Regional Office
Project No.: 09-015
For Your:
( x ) approval
( ) review & comment
( ) use
Description
Agent Authorization Form
PCN
Wetland/Stream Impact Plans
ECS Report with Maps
Pond Maintenance & Easement Agreement
Remarks:
Sue-
Per our phone conversation, this package contains 2 copies of everything from our
submittal to the Army Corps of Engineers. If you have any questions or need
additional information, please call.
Thanks for your help-
Copies:
Sincerely,
By: "LA
J. Anthony Lusk, PE
Civil Engineer
P:\2009\Ashton Place\- Admin\04-01-09 PlansToDENR.wpd
965 Meadow Lane
Henderson, NC 27536
Ashton Place Holdings, LLC
Agent Authorization
North Carolina Department of Environment and Natural Resources
Pre-Construction Notification (PCN) Form
Property Owner: Ashton Place Holdings, LLC
Owner Representative: Mr. Robert Walker
965 Meadow Lane
Henderson, North Carolina 27536
Ph. 252-492-2994
Property Address: Burlington Road (US 70)
Jefferson Township
Guilford County, North Carolina
Reference: D.B. 6921, PG. 81-83
Tax Parcel: 05-04-0249-0-0306-00-009
RECEIVED
N.C. Dept of ENR
APR 0 2 2009
Winston-Salern
Regional Office
The undersigned, registered property owner of the above noted property, do hereby authorize L. Allan Hill, P.E., of
Triad Design Group, PC to act on my behalf and take all actions necessary for the processing, issuance and
acceptance of this permit or certification and any and all standard and special conditions attached.
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowledge.
Gig
Owner's Re re entative Signatur
Date: d?
Authorized gen Signature
Date: 3 D 6
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
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit F1 Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Ashton Place
2b. County: Guilford
2c. Nearest municipality / town: Greensboro
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Ashton Place Holdings, LLC
3b. Deed Book and Page No. DB 6921 PG 81
3c. Responsible Party (for LLC if
applicable): Mr. Robert Walker, Jr.
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: rwalker@nc.rr.com
RECEIVED
N.C, Dent. of ENR
APR 0 2 2009
Winston -Salern
Regional Office
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? 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: L. Allan Hill, P.E.
5b. Business name
(if applicable): Triad Design Group
5c. Street address: 4807-C Koger Blvd.
5d. City, state, zip: Greensboro, NC 27407
5e. Telephone no.: (336) 218-8282
5f. Fax no.: (336) 218-8010
5g. Email address: ahill@triad-designgroup.com
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 05-04-0249-0-0306-00-012
1 b. Site coordinates (in decimal degrees): Latitude: 36.08677 Longitude: - 79.66533
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 10.20 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 vacant and consists of trees greater than 6-8 inches in diameter. Adjacent land uses include a church,
residential properties, and undeveloped properties.
3b. List the total estimated acreage of all existing wetlands on the property:
0.08 acres (includes 0.03 acres on Calvary Baptist Church of McLeansville property, DB 5726 PG 196)
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 105-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 a health & rehabilitation center called Ashton Place. Construction shall
also include 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
heavy equipment, such as bulldozers, loaders, dump trucks, and backhoes or trackhoes. A portion of the storm water
BMP and road crossing impacts are located on the adjacent property authorized by the previously submitted Pond
Maintenance and Easement Agreement with Calvary Baptist Church of McLeansville.
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? ? Yes ® No ? Unknown
Comments: No jurisdictional determinations have previously
been requested for this project.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? 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 ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Ecologic previously delineated wetlands at the adjacent property owned by Calvary Baptist Church of McLeansville.
Andrea Wade (USACE) and Daryl Lamb (DWQ) visited the site with Mark Taylor. A memorandum summarizing their
findings has been previously submitted.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® 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):
® Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? 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 Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
Culvert and ® Yes ® Corps
W1 ®P ? T associated Bottom Land
? No
?DWQ 0.065
dissipation device
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.065
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 Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Culvert and
associated UT to Little ? PER ® Corps
2
142
dissipation device Alamance Creek ®INT ?DWQ
S2 ? P ® T Culvert UT to Little ? PER ® Corps 2 4
0
Construction Alamance Creek ® INT ? DWQ .
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 146.0
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 individual) list all open water impacts 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
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID 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 impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ® Other: Guilford County
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T required?
131 ®P ? T Road Crossing UT to Little
Alamance Creek ? Yes
® No 2,518 2,414
B2 ? P ? T Road Crossing UT to Little ? Yes
Construction Alamance Creek ? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 2,518 2,414
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, a secondary road within the residential development, is proposed to extend 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.
1 b. 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. Storm water 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 ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
? Payment to in-lieu fee program
pro
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ 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:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5a. 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
buffer mitigation? ? Yes ® No
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.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(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 Diff use Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® 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.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 42%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
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:
Storm water from impervious areas are captured and directed to storm water management pond for water quality and
quantity control.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Greensboro/Guilford
County
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
El Yes ® No
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Final approval to be based on
approval of PCN.
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
? Session Law 2006-246
(check all that apply): ? Other:
N/A
4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
N/A
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. 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 ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® 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 ? Yes ® 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 DWQ 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.
Wasterwater generated at this site will be treated by the City of Greensboro.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
®
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish & Wildlife Service Online (htti)://www.fws.aov/nc-es/es/cntylist/Cluilford.html)
North Carolina Natural Heritage Program (http://149.168.1.196/nhp/Cluad.php).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Http://ocean.floridamarine/orcl/efh coral/ims/viewer/htm.
7. Historic or Prehistoric Cultural Resources (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 ? Yes ® 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.hpo.ncdcr.gov, http://hpo.ncdcr.aov/nrlist.htm, http://www.archaeoloav.ncdcr.gov/ncarch/articles/articles.htm.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? http://www.ncfloodmar)s.com.
Robert Walker, Jr.
Applicant/Agent's Printed Name Appli ant/Agent's S' ature / Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
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CAROLINAS
ECS CAROLINAS, LLP
Geotechnical • Construction Materials • Environmental
February 20, 2009
Mr. Jeremy Suits
Samet Corporation
P.O. Box 8050
Greensboro, North Carolina 27419
Reference: Report of Wetland Delineation
Approximate 25 Acre Tract
Burlington Road
McLeansville, North Carolina
ECS Project No. 09-17064
Dear Mr. Suits:
ECS Carolinas, LLP (ECS) is pleased to submit this report of the jurisdictional waters/wetland delineation
for the site located on site located on Burlington Road in McLeansville, North Carolina. This report
summari sour findings for the site.
Background
The site is an approximate 25 acre tract that is located on Burlington Road in McLeansville, North
Carolina. The site contains undeveloped, wooded land and land that has been cleared and graded. ECS
was contracted to delineate jurisdictional waters including streams, ponds and wetlands on the site.
Wetlands are defined by the U.S. Army Corps of Engineers and the United States Environmental
Protection Agency as "those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and under normal circumstances, do support a prevalence of
vegetation typically adapted for life in saturated soil conditions." In order for an area to be classified as
wetland, hydrophytic vegetation, hydric soils, and wetland hydrology indicators must be present.
Literature Review
We have reviewed the USGS Topographic Map, the Soil Survey of Guilford County and the Geologic
Map of North Carolina to obtain information regarding the site.
The USGS Topographic Map (Figure 1) shows an unnamed tributary to Little Alamance Creek
located approximately 400 feet west of the site. Drainage swales are shown on the site that could
contain surface waters or wetlands.
• The USDA Soil Survey of Guilford County (Figure 2) shows a tributary to Little Alamance Creek in
a drainage swale on the southern portion of the site. Soils on the site are mapped as Enon fine sandy
loam (EnB, EnC and EnD) and Vance sandy loam (VaB). The Enon series consists of well drained,
slowly permeable soils that occur on broad, smooth interstream divides and long, narrow side slopes.
The Vance series consists of well drained, slowly permeable soils that occur on narrow ridges and
4811 Koger Boulevard • Greensboro. NC 27407 • (336) 856-7150 • Fax (336) 856-7160
Approximate 25 Acre Tract - Burlington Road
McLeansvitle, North Carolina
ECS Project 09-17064
February 20, 2009
long, narrow side slopes. The soils on the site are not identified on the Hydric Soils List for Guilford
County.
The Geologic Map of North Carolina indicates that the site is located in the Carolina Slate Belt of the
Piedmont Physiographic Province. The soils encountered in this area are the residual product of in-
place chemical weathering of rock presently underlying the site. In general, shallow unconfined
groundwater movement within the overlying soils is controlled largely by topographic gradients.
Recharge occurs primarily by infiltration along higher elevations and typically discharges into
streams or other surface water bodies. The elevation of the shallow water table is transient and can
vary greatly with seasonal fluctuations in precipitation. Movement in this water table is generally
from higher to lower elevations. As such, shallow groundwater would be expected to flow beneath the
site to the west toward the unnamed tributary to Little Alamance Creek.
Site Reconnaissance
The site is an approximate 25 acre tract that is located on Burlington Road in McLeansville, North
Carolina. The site contains undeveloped, wooded land and land that has been cleared and graded. ECS
was contracted to delineate jurisdictional waters including ponds, streams and wetlands on the referenced
site.
During our reconnaissance, we observed the site for evidence of ponds, streams and wetlands. A pond is
located on the southern portion of the site. The pond boundary was flagged with red and white surveyor
tape. A stream begins near the base of the dam and flows to the west. The stream has meanders and a
defined bed and bank. The stream contained flowing water at the time of our site reconnaissance. Leaves
and other woody debris were observed within the bed and bank in several areas. The stream goes
underground in one location near the western boundary. No fish were observed in the stream. Based on
our observations, the stream is intermittent. The stream on the site was marked in the field with red and
white striped surveyor tape.
Wetland hydrology indicators (including inundation and saturated soils), hydrophytic vegetation and
hydric soils were observed in pockets at the headwater of the pond and at the base of slopes adjacent to
the stream. The wetland pockets are separated from surrounding uplands by distinct topographic breaks,
vegetation breaks and/or soil breaks. Upland areas surrounding the wetland pockets are vegetated
primarily with maple, tulip poplar, Russian olive, honeysuckle and meadow onion. The soils are bright
and appear to be well drained to depths of at least twelve inches. Routine Wetland Determination Data
Forms supporting our opinions are included as attachments. The wetland boundaries were marked in the
field using red and white striped surveyor tape.
Figure 3 shows the locations of the pond, stream and wetlands, including our stream designation. The
stream designation is based on our observations and opinion and is subject to change during subsequent
U.S. Army Corps of Engineer and NCDENR, Division of Water Quality verifications. Figure 3 is based
on our field notes and should only be used for preliminary planning purposes. We recommend that our
stream, pond and wetland flags be verified by the U.S. Army Corps of Engineers and the NCDENR
Division of Water Quality. Following the verifications, our flags should be surveyed to determine the
exact locations and extent of the stream, pond and wetlands.
2
Approximate 25 Acre Tract - Burlington Road
McLeansville, North Carolina
EC,SProject 09-17064
February 20, 2009
General Discussion
Section 404 of the clean Water Act regulates the discharge of dredge and fill materials into waters of the
United States (lakes, rivers, ponds, streams, etc.), including wetlands. Waters of the United States include
the territorial seas, navigable coastal and inland lakes, rivers and streams, intermittent streams, and
wetlands. Activities that could be regulated under Section 404 include the placement of fill for
construction of roadways; residential, commercial or industrial structures; and the construction of water
retention ponds along tributaries. The EPA and the U.S. Army Corps of Engineers jointly administer the
Section 404 program. Section 401 of the Clean Water Act grants each state the authority to approve,
condition, or deny any Federal permits that could result in a discharge to State waters.
The stream, pond and wetlands located on the site are regulated by the U.S. Army Corps of Engineers and
the North Carolina Division of Water Quality. We recommend that the delineated boundaries be verified
by the U.S. Army Corps of Engineers. Following the verification, the stream/pondlwetland flags should
be surveyed. Permits will be required prior to impacting wetlands or open waters, including perennial or
intermittent streams. Mitigation and stormwater management plans will be a condition of any permits
issued for the site. Buffers may be required adjacent to the stream channels.
For impacts to one-half acre or more of wetlands or to more than 300 linear feet of stream channel, an
individual permit (IP) may be required. An IP requires a habitat analysis, alternative site analysis, project
justification, plans to avoid and minimize impacts, and a proposed mitigation plan. Depending on the
habitat analysis and the extent of impacts, and Environmental Impact Statement may be required by the
U.S. Army Corps of Engineers. An IP allows for a public comment period and may require 4 to 18
months to obtain depending on conditions arising during the U.S. Army Corps of Engineers review and
public comment period.
Watershed Classification
An unnamed tributary to Little Alamance Creek crosses the site. According to the North Carolina
Department of Environment and Natural Resources (NCDENR), Division of Water Quality, the site is
located in the Cape Fear River Basin in an area that has been classified as WS-IV; nutrient sensitive
waters.
ECS appreciates the opportunity to provide wetland services for your project. Please contact us at (336)
856-7150 if you have any questions concerning this report.
Sincerely,
ECS CAROLINAS, LLP
/W
Michael T. Brame
Senior Environmental Scientist
Attachments: Figure 1 - Site Location Map
Figure 2 - Soil Map
Figure 3 - Stream/Wetland Location Map
Routine Wetland Determination Data Forms
Denise M. Poulos, LSS
Principal Scientist
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MC AD 19LD6
IJSGS TOPOGRAPHIC MAP FCAROLINAS SITE LOCATION MAP
D 8 ; APPROXIMATE
25 ACRE TRACT
DATETED 1952 2 RE REVISISED 1 I9 ?fiR B RLINGTON ROAD
ti1C11ANSVILLE, NORTH CAROLINA
Sc.?I_L , `?;;`) ECS PROJECT NO. G-17064
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SOURCE: FIGURE 2
-77
s USDA SOIL SURVEY OF GUILFORD SOIL MAP
COUNTY, NORTH CAROLINA APPROXIMATE 25 ACRE'l RAC I
SHEET NUMBER 23 BURLINGTON ROAD
ISSUED DECEMBER 1977
GUILFORD COUNTY, NORTH CAROLINA
NOT TO SCALE CAROLINAS FCS PROJECT N0. G-17064
THE STRF.AMiWETLAND LOCATIONS SHOWN ON THIS MAP ARL APPROXIMATF THFY HAVE BEEN, DELINEATED BY ECS, I HEY
HAVE NOT BEEN VERIFIED BY THE L S ARMY CORPS OF F\GINFFRS .A\D THEY HAVE NOT BEEN SURVEYED
LEGEND
Approximate Location of Intermittent Stream
Approximate Location of Wetland
`l ¦ Location of Data Point
t-` SOURCE:
SLRRY COUNTY, NORTH CAROLINA
GIS WEBSITE
AND USGS TOPOGRAPHIC MAP
NOT TO SCALE
0
0
CAROLINAS
FIGURE 3
STREAM/WETLAND LOCATION MAP
APPROXIMATE 25 ACRE TRACT
BURLINGTON ROAD
MCLE.ANSVILLE, NORTH CAROLINA
ECS PROJECT NO. G-17064
DATA FORM
ROUTINE WETLAND DETERMINATION
1987 COE Wetlands Delineation Manual
Oroject/Site: Approximate 25 Acre Tract - Burlington Road Project No:
Applicaut/Owner: Samet Corporation
Investigators: ECS Carolinas, LLP 09-17064
Date: 02/19/2009
County: Guilford
State: North Carolina
Plot ID: DP-1
Do Normal Circumstances exist on the site? PYes No Community ID:
Is the site significantly disturbed (Atypical Situation:)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Field Location: View Figure 3
(If needed, explain on the reverse side
VEGETATION
u 1Yi?VLVV 1
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
Stream, Lake or Tide Gauge Primary Indicators
Aerial Photographs Inundated
Other Saturated in Upper 12 Inches
® No Recorded Data Water Marks
Drift Lines
Sediment Deposits
Field Observations Drainage Patterns in Wetlands
Secondary Indicators
Depth of Surface Water: 0"
IVI
Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: 2" Local Soil Survey Data
FAC-Neutral Test
De th to Saturated Soil: Surface Other (Ex lain in Remarks)
Remarks:
Wetland hydrology indicators are resent.
(Wetfonn)
Page 1 of 2
DATA FORM
ROUTINE WETLAND DETERMINATION
1987 COE Wetlands Delineation Manual
Project/Site: Approximate 25 Acre Tract - Burlington Road Project No: Date: 02/19/2009
Applicant/Owner: Samet Corporation County: Guilford
Investigators: ECS Carolinas, LLP 09-17064 State: North Carolina
Plot ID: DP-1
Map Unit Name (Series and Phase): Enon tine sandy loam
Map Symbol: EnC
Drainage Class: Well drained Mapped Hydric Inclusion? ?Yes ® No
Taxonomy (Subgroup): Ultic hapludalfs Field Observations Confirm Mapped Type: ?Yes ® No
Profile Description
Depth Matrix Color Mottle Color Mottle
inches Horizon unsell Moist unsell Moist Abundance/Contrast Texture, Concretions, Structure, etc.
0-12 2.5Y 4/2 10YR 4/4 10% Loam
Hydric Soil Indicators:
? Histosol
? Concretions
? Histic Epipedon ? High Organic Content In Surface Layer in Sandy Soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
® Gle ed or Low Chroma Colors ? Other (Explain in Remarks)
rks:
1
rHy
dric
soil indicators are present.
WA Ti,ANn K1rTrVMTV A T1nAi
Hydrophytic Vegetation Present? N Yes H No r Sampilng Point within the Wetland? Yes No
Wedand Hydrology Present? Yea No
Hydric Soils Present? ®Yes E] No
Remarks:
The three wetland criteria are present. The sampling point Is located within a wetland.
(Wetform) Page 2 of 2
DATA FORM
ROUTINE WETLAND DETERMINATION
1987 COE Wetlands Delineation Manual
Project/Site: Approximate 25 Acre Tract - Burlington Road Project No:
Applicant/Owner: Samet Corporation
Investigators: ECS Carolinas, LLP 09-17064
Date: 02/19/2009
County: Guilford
State: North Carolina
Plot ID: DP-2
Do Normal Circumstances exist on the site? Yea No Community ID-
Its the site significantly disturbed (Atypical Situation:)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Field Location: View Figure 3
(If needed, explain on the reverse side)
VEGETATION
Donduant Plant S ecies (Latin/Common) Stratum Indicator Plant S ecies (Latin/Common) Stratum Indicator
r
rubrum
a le Tree/Sa FAC
endron tull ifera
Tulip tree Tree/Sap FAC
Lonicera japonica
Japanese honeysuckle Vine FAC-
Junl erus vir iniana
Eastern red cedar Sap FACU-
Allium canadense
Meadow onion Herb FACU-
Elea us an stifolla
Russian olive Tree/Sa FAC
Ca inus caroliniana
American hornbeam Tree/Sap FAC
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 57% FAC Neutral: 0%
Numeric Index:
The dominant ve elation is h dro h tic.
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
Stream, Lake or Tide Gauge Primary Indicators
Aerial Photographs Inundated
Other Saturated in Upper 12 Inches
® No Recorded Data Water Marks
Drift Lines
Field Observations Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators
Depth of Surface Water: 0" Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: 10" Local Soil Survey Data
Depth to Saturated Soil: 2" FAC-Neutral Test
Other (Explain In Remarks)
Remarks:
Wetland h drolo indicators are resent. However, there was a substantial rainfall event within 24 hours.
(Wetform)
Page 1 of 2
DATA FORM
ROUTINE WETLAND DETERMINATION
1987 COE Wetlands Delineation Manual
Project/Site: Approximate 25 Acre Tract - Burlington Road Project No: Date: 02/19/2009
Applicant/Owner: Samet Corporation County: Guilford
Investigators: ECS Carolinas, LLP 09-17064 State: North Carolina
Plot ID: DP-2
ame (Series and Phase): Enon fine sandy loam
ol: EnC
F Mapped Hydric Inclusion? ?Yes ® No
Drainage
lass: Well drained
Subgroup): Ultic hapludalfs Field Observations Confirm Mapped Type:
®Yes ? No
ri tion
Depth Matrix Color Mottle Color Mottle
inches Horizon unsellMoist unsell Moist Abundance/Contrast Texture Concretions, Structure etc.
0-12 2.5Y 4/6 0% Loam
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer In Sandy Solls
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions [I Listed on National Hydric Soils List
Gl ed or Low Chroma Colors E] Other (Explaln in Remarks)
Remarks:
Hydric soil indicators are not present.
W ..TT - A %M TJJJ?' 0"YW A TiAIU
Hydrophytic Vegetation Presena yes No Is the Sampling Point within the Wetland? Yea No
Wetland Hydrology Present? Yes No
Hydric Soils Present? ?yM H
es ® No
Remarks:
Hydric soil indicators are not present. The sampling point is not located within a wetland.
(Wetform)
Page 2 of 2
NORTH CAROLINA
GUILFORD COUNTY
POND MAINTENANCE
AND
EASEMENT AGREEMENT
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 CALVARY 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 920609.5 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. Obligation 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. Right 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. Riahts 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 Beneficiary. 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 920909.5 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. Annlicable Law. This Agreement shall be construed in accordance with the laws
of the State of North Carolina.
11. Binding 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:
CALVARY 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
[Affix Notary Seal in Space Above]
NORTH CAROLINA
COUNTY
[Notary's signature as name appears on seal]
[Notary's printed name as name appears on seal]
My commission expires: , 20,
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
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