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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 -c 41 ?? ? Na ans NO rao aic sl'116 No awl NN S dal ?133NO HJNIG IV T71H Tv'1s lN3 J ID MollOHd00/Il p 1- U -rr. ,-Z '1? 0 n 111 J Q ON VNNAW O'11 ba 3?13wd 0 i QN 3wvb'93Q o\° ?t ?a (n 11__ U IS) (y 0 -j L--- N W Lu }? 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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 750 41 f` 7; SITE j t ? ?'dot f r a n ? -a'? N;E96YmAf ?i?{ \ Cb r I s .+ ate., .. • i 9 '1 C , ff N .` ...' ' SOURCE: FIG( HE i 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 l.nN APL \\ Eno Aph vvc LnL En - ( . HNP ( 1 A0s 1(? . . VsD 1 VeC kE "--" !! C EnE i ?• / f? Hnli?? Va "at, i / by E ~ E ,ij \ AoP ?C + "-? Ent B ,fr Ent': Vea ?? -•- F Enb 'hB Apo nC / C7 \ Eno ?r 4V.B W l?•r C?."'t`x. EnF .'y ar'? /;?E VaD AuC ??. J El's `r ? irB ZT L; A, Fit, t Hnb i- let. (?u\13 ( APD I ?/ •? ?rB EnCn vl; uB Ln6 I k, j. C ff !/ ApR 1 \ _r' f nr Uj.- 9 1 Oh ! f l M,rb y EnP nt 1aA Alp 777 ? '±'??nr / (`'? Frie ` 1 *:Wnf 9 d FnB \`'t Ec6 Jas. t FIR S va6 EnH ...? 1 Hr+tr c',8 SITE J -~ •.? ,\ r8l / 1 4hr (,(, ec th8 VkD HtP' / atl Ers Er B y I 1. ?anN flay f/- j ` ` ? V EnB End (. n., E ..1? tno --j y E o B f .r S?A fnc`/ ^ ` Sr4? (? / r '7f/ ' En8 N :n Y r 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 z ? ? v? 8 d G m i--l : R. Q9 is f `i_ 4ve 30Hld NOlHS`d NVnd n?rnln 1t! II pig LF, ?? "' ,*o ter _ ? ?e ? j 1 '????44Ere V ? t *4 e ? err W V 1I a18i 11;1 1,:11 1141 ?elt 5 'IZ "" *e11MI ie L /NGTON RD. us WIC21."y 701) 1 lI00' FueLlc wtw EFL z • 6 sr 1 E. HAS _ t ? ? III I p r