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HomeMy WebLinkAbout20181637 Ver 1_401 Application_20181130V CAROLINA ECOSYSTEMS, INC. Ms. Emily Greer Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 3040 NC Hwy 42 West; Clayton, NC 27520 P:919-359-1102 — F:919-585-5570 2 $ November 018' ®® L2018 J S 2 0� 8 C)Un 6, P R 17TING 3 7 RE: Pre -Construction Notification: Nationwide Permit 29 & General Certification No. 4139 Atherstone Subdivision Harnett County, North Carolina Dear Ms. Greer: Carolina Ecosystems, Inc., on behalf of LGI Homes, Inc. and Bohler Engineering NC (Bohler), has prepared the attached pre -construction notification (PCN) form for the above referenced project for a Clean Water Act Section 404 Nationwide Permit (NWP) 12 and 29 and a Section 401 Water Quality Certification No. 4133 and 4139. Because a sanitary sewerline associated with the project would cross a FEMA floodplain, a NWP 12 is being requested for this portion of the project. An executed Real Estate Purchase Contract, authorizing LGI Homes NC, Inc. to request these permits is attached. The Atherstone subdivision project would be a residential development consisting of 366 single family homes. Open space and adequate room for stormwater BMPs has been reserved throughout the site to provide environmental protections and a high quality of life for residents. The project would help to meet the growing demand for residences in the Harnett County and surrounding areas. The attached PCN form provides information for your use in review of unavoidable impacts to jurisdictional streams and wetlands on the site. The US Army Corps of Engineers (USACE) Preliminary Jurisdictional Determination (PJD) site visit occurred on July 12, 2018. All resources presented on the attached figures were approved by the USACE during that visit. Harnett County requires 30 -foot setbacks from all USGS-mapped streams in its Water Supply Watershed Ordinance. Construction would be performed with standard equipment and construction entrances would be utilized throughout construction. Initial activity would involve land clearing and grubbing, along with the installation of erosion control measures, including silt fencing, check dams, and sediment basins. Erosion control reviews would be performed by Harnett County. Clean fill would be utilized in uplands and permanent wetland impact areas and would be graded and stabilized. Atherstone Subdivision Page 2 of 5 November 29, 2018 Project Description and Impacts Access to the property would be provided via NC -210. From this road, 12 interior streets would utilize uplands to access developable areas. Three perpendicular road crossings of jurisdictional features, one each of streams SA and SE, as well as wetland WN, and three sanitary sewer crossings are included. Sewer service would be provided via connection to the Harnett County collection system across Neills Creek to the west. The connection across jurisdictional areas would be supported on piers and not result in any loss of stream or wetland areas, aside from 10 square feet needed for pilings. The project engineers are working with Harnett County's Floodplain Administrator to ensure their Floodplain Protection Ordinance is satisfied, and any necessary approvals are secured. Temporary impacts to jurisdictional areas would be required to accommodate sanitary sewer within the development. Section 2.3.2. of Harnett County's Unified Development Ordinance (UDO) requires stub streets be provided to adjacent properties to promote orderly development and coordination with surrounding streets. Several stub roads are extended to the property lines to be compliant with the County's requirement. However, no future phases are proposed and no additional development is anticipated as a result of this project. The below discussions are intended to facilitate review and correspond to the attached Impact Exhibits. The designers have attempted to collocate infrastructure at road crossings. Impact Exhibit A/B Wetlands WA, WY, and WZ would be crossed to accommodate placement of the sanitary sewer line to connect the project with an existing sewer on the west of Neills Creek. The sewer line was routed through the narrowest area of wetland, utilizing an upland projection to minimize impacts. Installation would be accomplished within a 40 -foot wide construction easement. Straw wattles would be installed along both sides of the easement to contain disturbed soil. Five sets of H -piles would be installed in wetland WA (10 square feet). The line would clear span Neills creek, and Wetlands WY and WZ. It is anticipated construction access from the west would enable installation without crossing Neills Creek. However, if the contractor determines this to be unsafe or otherwise not feasible, a temporary clear -span is proposed. A timber mat would be utilized and would extend from bank -to -bank with no disturbance below Ordinary High Water. Erosion and sediment controls would be installed to ensure no material enters the stream during use. Because the elevated line would pose vehicular constraints, a 20 -foot maintenance corridor would be necessary for access and maintenance. Except for the H -piles, no loss of Waters of the US would result. The total conversion impact 5,186 square feet in Wetland WA, 237 square feet in Wetland WY, and 37 square feet in Wetland WZ. Impact Exhibit C 404/401: Stream SE would be impacted by a road crossing. 146 linear feet of the stream would be culverted under the road and permanently impacted, and 85 linear feet of the stream would be stabilized below the culvert and temporarily impacted. This crossing is necessary to connect this portion of the project with the development and to provide an additional entrance to Atherstone Subdivision. One 7x6 ft. concrete box culverts would be buried one foot below existing grade to ensure aquatic passage during periods of low flow. Headwalls are proposed to minimize the length of stream impact required. Work would be performed either during dry conditions with no 41 Atherstone Subdivision Page 3 of 5 November 29, 2018 rain in the immediate forecast or would utilize pump arounds (detail on Sheet 9). The road crossing would also be at perpendicular angle (between 75 and 105 degrees) with the stream and located to not impact wetlands. Impact Exhibit D 404/401: Stream SA would be impacted by a road crossing. A total of 106 linear feet of the stream would be directed through a 108 -foot, 5x4 box culvert, installed to one foot below the natural stream bed to accommodate the road to preserve aquatic life passage during times of low flow. Forty feet of stabilization to protect stream bed and banks from scour would be installed downstream of this crossing, installed to pre -project stream elevations. Headwalls are proposed to minimize the length of stream impact required. This location was chosen due to favorable slopes on the south of this stream and minimal fill required to accomplish this crossing. Work would be performed either a period of no flow with no rain in the immediate forecast, or utilize pump arounds, as per Note 1 on the Cover Sheet, and shown in the detail on Sheet 9 of the Environmental Impact Maps. The road crossing would also be at a perpendicular angle with the stream and located to not impact wetlands. Impact Exhibit E 404/401: Wetland WN would be impacted by 3,804 square feet (0.09 ac) of fill to accommodate one road crossing and a T -stub as required by Harnett County's UDO. The upstream crossing would support a road and sidewalk for pedestrian access to the playground shown on Exhibit E. A culvert would be installed below this crossing to maintain hydraulic connection between retained portions of the wetland, and rip -rap pads provided to prevent scour during significant events. At the T -stub, fill is required to comply with the UDO and fire safety requirements. The original design extended the T -stub to the property line but required effectively impounding the wetland and was redesigned to occupy a portion of the lot between it and Wetland WN. Impact Exhibits F and G 404/401: Streams SA and SE would be impacted by the installation of sanitary sewer lines. The contractor would install the sewer using the open cut method during a period of no flow with no rain in the immediate forecast or utilize a pump around to protect downstream reaches from sedimentation. Including dikes for the pump around, each crossing would temporarily impact 20 linear feet of stream. Avoidance and Minimization Avoidance and minimization of impacts has been achieved throughout design of the project as described in detail above. Further avoidance and minimization has been achieved by the following measures: • Jurisdictional impacts would be limited to the extent practicable, through selection of the narrowest crossing locations with smallest impact footprints. • Pump arounds are designed for each stream impact where construction in the dry is not feasible, as detailed on the attached Sheet 9 of the Environmental Impact Maps. • All wetlands and open water located in parcels would be preserved in conservation easements and would not be impacted. • All un -impacted stream and wetland would be preserved and allocated to Harnett County open space requirements. Atherstone Subdivision November 29, 2018 Page 4 of 5 Stormwater controls address secondary impacts by controlling and treating runoff in accordance with Harnett County regulations. Retention of the natural drainage pattern on the site is designed as much as practical in order to preserve downstream hydrology in the remaining jurisdictional areas. BMPs are located in, and discharge to, natural drainage ways as much as possible. Compensatory Mitigation Unavoidable wetland impacts for this project total 3,814 square feet (0.09 acre) and do not require mitigation. Conversion impacts within wetlands totals 5,460 square feet (0.13 acre). Mitigation for wetland conversion would be provided for 0.13 acre at a 1:1 ratio. Permanent impacts to streams through culverting total 252 linear feet. Mitigation for stream loss would be provided for 205 linear feet with a 2:1 ratio (504 feet). A letter of credit availability for this mitigation is attached. Stormwater management is not required because Atherstone would be a low-density development. The project has been designed to match all pre -construction runoff flow patterns and quantity. Harnett County has jurisdiction over the stormwater review on the Project. Site plans would be submitted to the County for review and approval of the stormwater management plan once other County approvals have been granted. If required, notice of these approvals can be forwarded for your files. Agency Coordination USFWS - Cape Fear Shiner (Notropis mekistocholas) is a historic record in Neills Creek. This species, based on NCNHP July 2018 data, was last observed in December 1986. The proposed sewer line would be elevated on piers and clear -span the stream with no impacts. No surveys were performed for this species, and no impact is expected to result from construction. FEMA — Harnett County participates in the National Flood Insurance Program. Pursuant to Article III, Section 2.6 of the UDO, a Floodplain Development Permit is required prior to any development in floodplain areas. The Harnett County Floodplain Administrator receives and reviews all permit applications for compliance with the County's regulations. A NWP 12 is requested for this portion of the project. SHPO — One historic home occurs on the property (HPO Site ID HT1115), and one along NC 210 North in an excluded parcel surrounded by the property (HPO Site ID HT 1116). On April 3, 2013 both structures (Sites 560 and 561) were recommended not eligible in "Historic Architectural Resources Survey Report, Improve US 401 from North of Fayetteville to North of Fuquay-Varina, R-2609, Cumberland, Harnett, and Wake Counties, Multi, ER 11-0210", available at http•//www.hpo.ncdcr.aov/ER/ER-Reports/ER%201 l-0210.pdf#page=442. On April 26, 2013, the NCSHPO concurred with these recommendations (excerpts from their letter are attached). Atherstone Subdivision November 29, 2018 Page 5 of 5 The preceding information, along with the enclosed PCN form, authorization documentation, SHPO documentation Vicinity map, USGS map, Jurisdictional Features map, impact drawings, preliminary construction plans, are being submitted for your review of this project. Sincerely, Carolina Ecosystems, Inc. Chris Hopper Senior Environmental Scientist cc: Karen Higgins, NCDWR, 401 & Buffer Permitting Unit Attachments: - Pre -Construction Notification Form - Agent Authorization Forms - LGI Homes NC, Inc. Real Estate Purchase Contract - NCDOT R-2609 Historic Architectural Resources Survey Report, Selected Pages - Bank/In-Lieu Fee Credit Availability Letter - Figures o Project Vicinity o USGS Map o Aerial Photograph - Impact Figures Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 12 and 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes NX No 1 d. Type(s) of approval sought from the DWQ (check all that apply): N 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 ❑X No For the record only for Corps Permit: ❑ Yes NX 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. X❑ Yes N No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Atherstone Subdivision 2b. County: Harnett 2c. Nearest municipality / town: Angier 2d. Subdivision name: Atherstone 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: LGI Homes NC, E Marshall and Harold B Wooddall, David and Cindy Arvette 3b. Deed Book and Page No. Bk 641/Pg 0871, Bk 1087/Pg 0240, Bk 801/Pg 0319 3c. Responsible Party (for LLC if applicable): Mr. David Hensley, Vice President - Land Acquisitions and Development 3d. Street address: Multiple - See attached 3e. City, state, zip: Multiple - See attached 3f. Telephone no.: (281) 362-8998 3g. Fax no.: Not Provided 3h. Email address: dhensley@lgihomes.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Mr. David Hensley 4c. Business name (if applicable): LGI Homes, Inc. 4d. Street address: 1450 Lake Robbins Drive, Ste 430 4e. City, state, zip: The Woodlands, Texas, 77381 4f. Telephone no.: (281) 362-8998 4g. Fax no.: Not Provided 4h. Email address: dhensley@lgihomes.com 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Hopper 5b. Business name (if applicable): Carolina Ecoystem, Inc. 5c. Street address: 3040 NC-42 5d. City, state, zip: Clayton, NC 27520 5e. Telephone no.: (919) 359-1102 5f. Fax no.: N/A 5g. Email address: chris.hopper@carolinaeco.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIDs: 040662 0009, 040662 0133, 040662 0104 03 1 b. Site coordinates (in decimal degrees): Latitude: 35.46813 Longitude: -78.783689 1 c. Property size: 302 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Neills Creek 2b. Water Quality Classification of nearest receiving water: WS -IV 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 project is currently vegetated of mostly pine forest and mixed hardwood. A portion of the site is maintained and used as agricultural fields. The surrounding areas are comprised of similar usage with the addition of moderate residential development. 3b. List the total estimated acreage of all existing wetlands on the property: 28.8 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,529 3d. Explain the purpose of the proposed project: The purpose of this residential development is to provide single family housing for the expanding population of the area. 3e. Describe the overall project in detail, including the type of equipment to be used: See cover letter for discussion. Land clearing will take place along with installation of erosion control devices using typical construction equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Chris Hopper Agency/Consultant Company: Carolina Ecosystems, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. JD Visit- July 12, 2018 Confirmation of receipt of updated JD- August 30, 2018 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. The project includes three phases with construction to be staggered. No off-site phases are planned. All three phases are included herein. Page 3 of 10 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X 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 impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Conversion Bottomland Hardwood Forest Yes Corps 0.00 W2 P Conversion Bottomland Hardwood Forest Yes Corps 0.01 W3 P Conversion Bottomland Hardwood Forest Yes Corps 0.12 W4 T Construction Bottomland Hardwood Forest Yes Corps 0.12 W5 P H -Piles (aerial line) Bottomland Hardwood Forest Yes Corps 0.00 W6 P Culvert/Road Headwater Wetland Yes Corps 0.09 2g. Total Wetland Impacts: 0.34 2h. Comments: W1 = 37 square feet; W5 = 10 square feet. Temporary impacts = 0.12 acre. Total Conversion impact = 0.13 acre. Total Wetland Loss = 0.09 acre. 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 (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Culvert SE - UT Neills Creek PER Corps 8 146 S2 T Stabilization SE - UT Neills Creek PER Corps 8 85 S3 P Culvert SA - UT Neills Creek PER Corps 5 106 S4 T Stabilization SA - UT Neills Creek PER Corps 5 40 S5 T Excavation SE - UT Neills Creek PER Corps 8 20 S6 T Excavation SA - UT Neills Creek PER Corps 4 20 3h. Total stream and tributary impacts 3i. Comments: Total permanent stream impacts (culverts) would total: 252 Total temporary stream impacts (open -cut) would total: 40 Total stabilization stream impacts would total: 165 linear feet Page 4 of 10 PCN Form - Version 1.4 January 2009 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 indivii ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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 any impacts require miti ation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 - Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The fewest crossings practicable to access developable portions of the site, utilizing existing contours to minimize fill, grading, and length/area of impact are proposed. Pump-arounds or construction in the dry would be required at all stream crossings. Sanitary sewer connection across Neills Creek and its floodplain wetlands would be accomplished on piers. See cover letter for complete discussion. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Best management practices and sedimentation and erosion control methods will be used during all construction. No equipment refueling or maintenance activities will occur adjacent to jurisdictional areas. All temporary impacts to jurisdictional wetlands during construction activities will be returned to preconstruction contours and seeded in a timely manner for stabilization. See cover letter for complete discussion. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 252 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0.13 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: Wetland Conversion 0.13 (x1) = 0.13 ac. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form —Version 1.4 January 2009 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? E] Yes ❑X 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 7 of 10 E. Stormwater Management and Diffuse 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 ❑X 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 ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 12.82% 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Stormwater management is not required because Atherstone would be a low-density development. The project has been designed to match all pre-construction runoff flow patterns and quantity. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Harnett County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑X Phase II ❑ NSW 3b. Which of the following locally-implemented stormwater management programs ❑ USMP apply (check all that apply): ❑X Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ElCoastal counties ❑HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ORW (check all that apply): []Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 8 of 10 PCN Form — Version 1.4 January 2009 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 ❑X 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 El 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, E] Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes X❑ 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 ❑X 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. Atherstone Subdivision would be a 366 -lot residential community with no capacity for additional development. All the infrastructure is sized for this community and will not support further development. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater would flow via forcemain and gravity connection to an existing trunk line along Neills Creek. Flow would be transferred to the 15 MGD South Harnett Wastewater Treatment Plant for treatment and eventual discharge to the Lower Little River. This facility operates under NPDES Permit No. NCO088366 and has adequate capacity to treat anticipated flows from Atherstone Subdivision. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑x Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑x Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NHP Tier 1 data July 2018. See Cover Letter, Agency Coordination. Cape Fear Shiner is a historic record. No impact to Neills Creek would result. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 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 Q 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? Based on: http://gis.ncdcr.gov/hpoweb/, two properties (HPO Site IDs HT1115 and HT1116) occur on or adjacent to the property. See Cover Letter. 8. Flood Zone Designation (Corps Requirement) -F- 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Harnett County participates in the National Flood Insurance Program. Pursuant to Article III, Section 2.6 of the UDO, a Floodplain Development Permit is required prior to any development in floodplain areas. The Harnett County Floodplain Administrator receives and reviews all permit applications for compliance with the County's regulations. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center bias k y pe r, �� - 2a r�.b.► l 8 Applicant/Agent's Signature Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 CAROLINA ECC sysTEM% INC. 3040 NC Hwy 42 West; Clayton, NC 27520 P:919-359-1102 — F:919-585-5570 PROPERTY ACCESS AND AGENT AUTHORIZATION FORM Property Information PropertyAddress 5127 NC 210 N, between Neilis Creek and NC210 at Neills Creek Road ands or escription Identification PINS 0662-07-1679, 0662-08-0765, 0662-17-8171, 0662-35-9148, 0662-36-4167, Parcel I Numbers) (PIN) 0662-45-2579, 0662-56-1185 Harnett Property Size (Acres): Approx 300 City: Angi__ __ �r _ State: NC County: Properq Owner Information Owner: ® Authorized Agent*: ❑ Name: LGI Homes -NC, LLC Title: Attn.: David Hensle Street Address: 3037 Sherman Drive State:SC Zip Code:29270 City: Harnett *Written proof of authorization from owner required. Authorization do authorize 1, the undersigned, a duty authorized ii sdtricwner U Sof Armyord of Coups the Engineers (Corps) toienterf upon heed nproperty herein representatives of the Wilmington described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of ] 899. 1) staff, their ed contractors and tives, as Additionally, I hereby grant Carolina oEcosystems, I to the above referenced property when necessary for the puarposes of well as other Federal, State local authorities act as conducting on-site environmental consultinr the communicattion grantg services. I also ubm ss on, and/or CEI the authority pplicationoto relevant government he owner of the above listed property f approval of entities, including local, stat e, me ted td/orupermit requests cthorities, for oncerning the above listed property. These services may environmental information,h as issuing a on associated include regulatory determinations of environmental am he legal owner or authorized agent of the legal owner of the above propo. with streams and wetlands. I certify that such access. I hay made CEI aware of, and supplied all available records related to, previous and have authority to grant environmental investigations on the subject p rty of which I have knowledge. Date � �. Owner/Agent (signature. .AR0U COSYSi'EMS, INC. 3040 NC Hwy 42 West; Clayton, NC 27520 P:919-359-1102 — F:919-585-5570 PROPERTY ACCESS AND AGENT AUTHORIZATION FORM Property Information Panroperty or riddrptin Atherstone Sewer Corridor Parcel Identification Number(s) (PIN) 0652-89-3667 City: Angler State: NC County. Barnett Property Size (Acres): 2.02 Property perty Owner Information Name: Charles Mattllew dpi Patrkia Burnette Title: Street Address: 2001 Fairview Way City: Greenville State -NC Zip Code:27858 *Written proof of authorization from owner required. Authorization I, the undersigned, a duly authorized owner of record of the property/pies identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to surer upon the property herein described for the purpose of conducting on-site imrcstigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivets and Harbors Act of 1899. Additionally, I hereby grant Carolina Ecosystems, Inc• (CEO staff, their designated contractors and repneseatativea, as well as other Federal. State or local authorities :access to the above refer gnoperty when necessary for the Purposes of conducting on-site environaental consulting services. I also grant CEI the authority to act as authorized agent on behalf of the owner of the above listed property for the - nmiadon, submission, and/or application to relevant government entities, including local, state,, and federal audwritm, for the review, accqftnce, concurrence. and/or approval of environmental information, documents, and/or permit requests concerning the above listed property. These services may include regulatory of euviron mental features on my property surch as issuing a detumbudion associated with streams and wetlands. I certify that I am the legal owner or auuthorind agent of the legal owner of the above property and have authority to grant such access. I have made CEI aware of, and supplied all available records vhdW environmental investigations on the subject property of which I have lmowl*e./ Owner/Agent (signature) 1. Copies of ad reports and maps on subject tract are to be supOled to Omar by Carolina Eoosysoe M kw - ft review and approval before being sides tDed to any regulatory agaxV 2. Land owner is not to be responsible for any cost associated wtdr prepar&Wn of these hex, maps and REAL ESTATE PURCHASE CONTRACT Atherstone Subdivision — Harnett County, NC (Harnett County PINs 0662-07-1679, 0662-08-0765, 0662-17-8171, 0662-35-9148, 0662-36-4167, 0662- 45-2579 and 0662-56-1185) THIS REAL ESTATE PURCHASE CONTRACT (the "Contraef') is made and entered into as of the date last executed below (the "Effective Date") between MARSHALL WOODALL & GLADYS J. WOODALL, AND HAROLD B. WOODALL REVOCABLE TRUST, and J. DAVID AVRETTE AND WIFE, CYNTMA W. AVRETTE {jointly and severally, "Seller"), and LGI HOMES - NC, LLC, a North Carolina limited liability company (the "Buyer"). RECITALS A. Seller is the owner or contract purchaser (as described more particularly herein) of that certain real property (approximately 300+ acres) described on Exhibit A attached hereto and made a part hereof, together with all improvements, and other rights, privileges, licenses, easements, permits, approvals, other development rights, entitlements appurtenant thereto, and all right, title and interest in and to all oil, gas and mineral rights, and all streets and water courses, on, adjacent to, abutting or serving the real property appurtenant thereto (all together, as described on Exhibit A and including the "Initial Closing Property" and the "Second Closing Property" and the "Third Closing Property," the "Property'). B. Seller desires to sell and Buyer desires to purchase the Property upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the agreements contained herein, the Earnest Money (defined below), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Pmp=. . Seller agrees to acquire and to sell to Buyer, and Buyer agrees to purchase from Seller, the Property. 2. Initial Earnest Money. Not later than five (5) business days after the Effective Date, Buyer shall deposit with. Chicago Title Insurance Company, 200 South Tryon Street, Suite 800, Charlotte, NC 28244, C/O Scott Mansfield, Esq. ("Escrow Agent") the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) as earnest money (the "Initial Earnest Money," which, together with any other earnest money deposited in accordance with this Contract, if any, constitutes, the "Earnest Money'). Escrow Agent shall hold the Earnest Money in an escrow account with a federally -insured financial institution. The Earnest Money shalt be held and disbursed in accordance with the terms of this Contract and in any event shall be disbursed and applied against the Purchase Price at the Closings (1/3 at each Closing) if the Closings take place. 3. Purchase Price. The purchase price for the Property (the "Purchase Price") shall be as follows: i) Fourteen Thousand One Hundred Seventy -Five and No/100 Dollars ($14,175.00) per gross acre for the Initial Property at the Initial Closing; ii) Fourteen Thousand Seven Hundred and No/100 Dollars ($14,700.00) per gross acre of the Second Closing Property at the Second Closing; and iii) Fifteen Thousand Two Hundred Twenty -Five and No/100 Dollars ($15,225.00) per gross acre of the Third Closing Property at the Third Closing; with gross acreage being established at each Closing by Buyer's Survey rounded to the nearest tenth of an acre. The Purchase Price is payable at each Closing as provided herein and subject to all terms hereof.. 4. Closin . If Buyer has delivered the Continuation Notice under Section 8 below, then, subject to all terms and provisions herein (including without limitation the Conditions Precedent), the initial closing (on the Initial Property) ("Initial Closing") shall occur on or before the first to occur of. i) 30 days after all Regulatory Approvals have been obtained from all applicable Authorities (defined in Section 8); or ii) March 31, 2018. The second closing (on the Second Closing Property) (the "Second Closing") shall occur on or before the 8 -month anniversary of the date of the Initial Closing (the "Second Closing Date"). The third closing (on the Third Closing Property) (the "Third CIosing") shaIl occur on or before the 8 -month anniversary of the date of the Second Closing (the "Third Closing Date"). Each of the Initial Closing, the Second Closing, and/or the Third Closing (as the case may be) shall be a/the "Closing(s)" for purposes hereof). All Closings shall take place at or through the offices of Buyer's North Carolina licensed attorney unless otherwise agreed in writing by the parties. In advance of the closing, seller will instruct buyer (or the buyer's counsel] as to the amounts of payment to be made to the various sellers and the BIN number for each seller. 5. Costs and Proration. a. Seller shall pay at or before each Closing, all real estate taxes, and all other public or governmental charges and public or private assessments against the Property being closed (including metropolitan district, sanitary commission, benefit charges, liens or encumbrances for sewer, water, drainage or other public improvements whether completed or commenced on or prior to the date hereof or subsequent thereto, and/or any private assessments); all or any of which are pertaining to or are past due (as the case may be) for My and all periods prior to the year of Closing. b. All real estate taxes, and all other public or governmental charges and public or private assessments against the Property being closed for the year of Closing (including metropolitan district, sanitary commission, benefit charges, liens or encumbrances for sewer, water, drainage or other public improvements whether completed or commenced on or prior to the date hereof or subsequent thereto, and/or private assessments), shall be adjusted and prorated between the parties as of the day of the applicable Closing (with Seller paying/being responsible for all of the same through and including the day of Closing) and shall thereafter be assumed and paid by Buyer, whether or not assessments have been levied as of the date of Closing. Any tax proration based on an estimate shall be subsequently readjusted upon receipt of a tax bill. The obligations to adjust shall survive Closing. C. The cost of documentary stamps and transfer taxes fees shall be paid by Seller. Buyer shall pay for recording fees, title insurance and costs of its financing. d. Notwithstanding any contrary terms and provisions herein, and without limiting any other terms and provisions herein, Seller shall pay at or before Closing, (i) all rollback or like taxes for periods prior to and for the year of Closing, if any; (ii) all taxes on an entire base parcel if any portion of the Property • is being subdivided from said base parcel during the year of Closing (except for the amount which would be estimated to be due from Buyer for said year based on a per -acre proration of the Property as against the entire base parcel), and (iii) the cost of preparing release documents, if any, and the recording thereof for any lien releases required to be obtained by Seller in order to convey title to the applicable portion of the Property in accordance with Section 6. If the cost of any taxes described in this Section 5(d) are not known at the time of Closing, Seller shall escrow (with Escrow Agent out of Seller's proceeds at Closing) the estimated amount that will be due and payable for the same if the exact amount of the same is not capable of being known as of the date of Closing. 2 e. Buyer shall pay all premiums and costs associated with any title commitment and title policy obtained by it on the Property, the cost to record the deed for the Property, the cost of surveys, if any, obtained by Buyer, and any other expense agreed to be paid by Buyer. Except as provided in Section 33each party shall bear its own attorney, paralegal and consultant fees and disbursement in connection with this Contract and Closing. Buyer share be responsible for any Escrow Agent fees (if any) that are associated with this Contract. This Section 5 shall survive Closing or termination of this Contract. 6. Title to Property. a. Title and survey to the Property shall be good and marketable of record and in fact, free and clear of all liens, encumbrances, encroachments and violation notices from any Authority other than the "Permitted Exceptions", which Buyer shall determine and identify to Seller in writing prior to the expiration of the Feasibility Period. Buyer shall obtain a commitment for an owner's policy of title insurance (`Buyer's Title Commitment") during the Feasibility Period, and shall provide to Seller during the Feasibility Period, a copy of the same, and a copy of the survey (the "Survey') that Buyer shall have prepared during the Feasibility Period, which Survey will define the conveyance legal description for the Property (and the Initial Property, the Second Property and the Third Property, each approximately 100 acres and each distinct from the others) in the deed to Buyer and will likewise work as a conveyance plat if need be to convey one portion of the Property separate from the other). In the event that Buyer's Title Commitment or Survey, as the case may be, contains/reveals matters which Buyer finds objectionable, then at such time as Buyer provides Seller with notice of the Permitted Exceptions, Buyer shall notify Seller of any objections to title or Survey. Seller shall have the right, within ten (10) days from receiving such notice, to elect: (i) to cure the title/survey defect at Seller's cost and expense, or (ii) not to cure such defect. Seller's failure to notify Buyer within the stated time frame shall be deemed Seller's election to cure. If Seller elects or is deemed to have elected to cure, Seller shall do so at or before the Initial Closing. If Seller elects not to cure, Buyer shall have the right to either waive the defect and close without a reduction in the Purchase Price, or to terminate the Contract in which event the Earnest Money shall be immediately refunded to Buyer upon termination. b. If, after issuance of its Continuation Notice Buyer determines that there are new title and/or Survey exceptions that are not Permitted Exceptions and that are first appearing after the effective date of Buyer's Title Commitment to which Buyer objects, Buyer may notify Seller, in writing, of such title/survey defects prior to Closing and Seller shall cure such defects at or before Closing. C. Notwithstanding anything to the contrary herein, Buyer shall not be required to object to monetary liens (including but not limited to assessments, which if past due, would constitute or allow for the enforcement by lien) or other monetary encumbrances or any form of real property taxes, and the parties agree that such items will be released at Seller's expense as of each Closing and as provided herein, and funds payable by Buyer at each Closing may be used to pay off any existing liens, real property taxes, encumbrances or violation penalties, including accrued interest thereon. 7. Broker and Commission. Buyer represents and warrants to Seller that Buyer has not used the services of any real estate agent, broker or finder with respect to the transactions contemplated hereby EXCEPT for Cornerstone Realty Ventures, Matt Brubaker, who shall be compensated exclusively by Sel er (without contribution from Buyer) at each Closing pursuant to a separate written agreement. Seller represents and warrants to Buyer that Seller has not used the services of any real estate agent, broker or finder with respect to the transactions contemplated hereby EXCEPT for Lester Stancil, Evergreen Properties, and Jeb D. Koury and John Hawkins, both of Insight Property Group, who shall be compensated exclusively by Seller (without compensation from Buyer) at each Closing pursuant to a separate written agreement. Each party agrees to indemnify and hold harmless the other against and from any inaccuracy in such Party's representation under this Section 7. This indemnification shall survive all Closings. 8. Feasibility Period and Approval Period. Buyer shall have a period running from the Effective Date through and until midnight on the date which is 120 days after the Effective Date (the "Feasibility Period"), within which it may in its sole discretion terminate this Contract for any reason. If Buyer determines on or before the end of the Feasibility Period that the Property is acceptable to Buyer, then Buyer shall give Seller written notice of such fact ("Continuation Notice") and this Contract shall remain in full force and effect. If Buyer does not so notify Seller, then this Contract shall automatically terminate and the Earnest Money shall be returned to Buyer. Upon such termination and Buyer's receipt of the Earnest Money, neither party shall have any further rights nor obligations hereunder except for Buyer's obligations to restore the Property as provided in Section 9. Upon issuance of the Continuation Notice, the Earnest Money shall be deemed to be non- refundable, except as otherwise expressly set forth in this Contract. Without limitation, during the Feasibility Period, Buyer and Seller shall together cooperate, with Buyer taking primary responsibility and with Buyer bearing the full cost, to prepare, apply for and to diligently pursue (as the case may be) final, binding and non -appealable zoning, utilities, site plan approvals, site engineering and construction drawing approvals, and any other approvals reasonably required (all together the "Regulatory Approvals") from Harnett County and any other applicable state, local or other regulatory authorities as applicable (all together for purposes hereof, the "Authorities"), so that Buyer can develop, market, construct and sell (as the case may be) at least 350 lots with single family residential units on the Property (or such lower number as Buyer may agree to with the Authorities, if any, in its sole and absolute discretion) of the type, size and style that Buyer intends to construct and using such materials as Buyer intends to use (the "Minimum Yield") and related roads, drives, common areas and amenities, on the Property, which shall be suitable in all respects to Buyer in Buyer's sole discretion. Notwithstanding the foregoing, and without limiting Buyer's right to terminate this Contract for any reason or for no reason during the Feasibility Period, Buyer shall in no event be required to expend money or revise its plans to defend or to continue to pursue any Regulatory Approval under this Section 8. or defend any appeal of any Regulatory Approval it obtains, if, in Buyer's reasonable discretion, and as the case may be, it appears as likely that suitable approval will not be granted, or that any party seeking to overturn the approval will be successful, or that the appeal will not be resolved on or before the expiration of the Feasibility Period or following expiration of the Feasibility Period, if applicable, any refusal to continue on such grounds shall be deemed a failure of a Condition Precedent to Buyer's obligation to close for purposes hereof. Seller agrees, at no cost or expense to Seller, to cooperate with Buyer in the preparation, filing and processing of any application, plan or request relating to the Property filed by or on behalf of the Buyer prior to or after each Closing, if such application, plan or process is necessary to the development of the Property. Seller's obligations under the provisions of this subsection shall survive the each Closing. Notwithstanding the foregoing, Buyer shall have the ability, upon written notice to Seller prior to expiration of the Feasibility Period as then in effect, to unilaterally extend the Feasibility Period two times (each being a 30 -day extension) by payment of additional deposit in each case of Ten Thousand and No/Dollars ($10,000.00) in cash (an "Extension Payment") made directly to Seller not later than five (5) business days after notice of the extension (amounts and distribution instructions to be provided in writing by Seller); each Extension, Payment, if any, shall be nonrefundable to Buyer except in the event of a Seller default, or if Seller cannot timely acquire the Property by the Outside Date; PROVIDED, HOWEVER that any Extension Payment shall be credited against the Purchase Price at Closing. 4 9. Access to PMerty. Seller covenants that Buyer and Buyer's agents, employees and independent contractors shall have the right and privilege to enter upon the entirety of the Property at any time following the Effective Date and prior to Second Closing to survey, test, investigate, review and inspect the Property and to conduct soil borings and other geological, engineering, or environmental tests or studies on the Property and any other tests or inspections Buyer deems appropriate, all at Buyer's sole cost and expense. Seller further covenants that, if requested by Buyer, Seller shall, within three (3) days of Buyer's request, provide such written evidence of Buyer's above-described right to access the Property, as is reasonably satisfactory to Buyer (such proof may include written authorization from current owner of the Property or a contract with current owner providing such assignable rights). Buyer shall indemnify, defend and hold Seller harmless from and against any liens, claims, losses, damages and liabilities resulting from Buyer's exercising the right and privilege to go upon the Property as provided herein; provided, however, that Buyer shall have no responsibility or liability for (a) any act or omission of Seller or its employees, agents, contractors or invitees; or (b) any adverse condition or defect on or affecting the Property not caused by Buyer or its employees, agents, consultants, or contractors but discovered or impacted during their inspections including, without limitation, the pre-existing presence or discovery of any matter such as, but not limited to, any hazardous materials. If this transaction does not close, Buyer shall restore the Property to a reasonably neat and presentable condition free from any damage to the Property caused by Buyer's activities on the Property. Seller acknowledges that earth moving equipment will be used to provide access to the Property for Buyer to perform the tests (including soil borings), tree removal, equipment tracks and other incidental cutting of brush in connection with such tests shall not be deemed damage for purposes of Buyer's restoration obligations under this Section 9. 10. Eminent Domain. If, at any time prior to Closing, Seller receives notice of the commencement or threatened commencement of eminent domain or other like proceedings against the Property or any portion thereof, Seller shall immediately give Notice thereof to Buyer. Buyer shall elect either (i) to terminate this Contract, in which event the Earnest Money (less any Extension Deposit) shall be refunded to Buyer, or (ii) to Close on some or all of the Property, in which event the Purchase Price shall not be reduced but Seller shall assign to Buyer Seller's rights in any condemnation award or proceeds. 11. Notice. Each Notice ("Notice") provided for under this Contract shall be in writing and shall be: i) physically delivered in person; or ii) sent by depositing it with a nationally recognized overnight courier (such as Federal Express) with adequate postage prepaid, for next day delivery addressed to the appropriate party (and marked to a particular individual's attention if so indicated) as hereinafter provided; or iii) by electronic transmittal to a fax (with confirmation of delivery) or email address set forth below (provided, however, that no electronic delivery to an email or fax address shall be good Notice hereunder unless a fax or email address, as the case may be, is expressly stated below). Each Notice personally delivered shall be effective on delivery (email being deemed delivered on the date sent without kick -back notice of delivery failure); each Notice sent by a nationally recognized overnight courier shall be effective when deposited with the courier for delivery as specked herein. The parties' addresses shall be those set forth below and a copy of any Notice shall be sent to parties designated below, and notice provided by either party's attorney is good notice: As to Seller: Lester Stanch,, Evergreen Properties, representing Seller Email: f.d!Wgreeiipr p (t 'ei a l' eom As to Seller: E. Marshall Woodall, representing Seller Email 1mwoodal1238&ginail coin With a copy to: Jeb Koury, representing Seller Email: je kouty@ ahoo.com With a copy to: John Hawkins, represent ing Seller Email: abawk9l I I aol.com To Buyer. LGI Homes -NC, LLC Attn: David Hensley 3037 Shennan Drive Harnett, SC 29270 Email: dhenslgy@lgihomes.com With a copy to: Matthew G. St. Amand, Esq. (as Buyer's attorney) St. Amand & Efird PLLC 3315 Springbank Lane, Suite 308 Charlotte, NC 28226 E -Mail: mstamandna stamand-eiird.com With a copy to: Matt Brubaker, representing Buyer Cornerstone Realty Ventures E -Mail: MBrubaker@crvne.com To Escrow Agent: Chicago Title Insurance Company 200 South Tryon Street, Suite 800 Charlotte, NC 28244 C/O Scott Mansfield, Esq. Email: scotl.mansfieldOWt.com Fax: 704-945-0637 Any party shall have the right from time to time to change the address or individual's attention to which Notices to it shall be sent by giving to the other party at least five (5) days' prior Notice thereof. Failure to copy Escrow Agent shall not invalidate Notice for purposes hereof. 12. Seller's Covenants, Warranties and Representations. Seller covenants, represents and warrants (which covenants, representations and warranties shall be true as of the Effective Date, all during the entire term of this Contract, and at the time of Closing) as follows: a. Seller has good, marketable, indefeasible and insurable fee simple title to the Property, free and clear of any objections, easements, liens, encumbrances, restrictions, encroachments or other survey exceptions of every nature, other than the Permitted Encumbrances. b. There is no action, suit, investigation or proceeding by or before any Court, arbitrator, administrative agency or other authorities initiated at any time, now pending or, to the best of Seller's knowledge, threatened which involves Seller, or the Property, and which if adversely determined would have a material adverse effect on the Property, nor is there, to the best of Seller's knowledge, any state of facts, or occurrence of any event which might give rise to any of the foregoing. C. To the best of Seller's knowledge, the execution, delivery and performance of this Contract by Seller does not and will not result in any violation of, or be in conflict with or constitute a default under, any provisions of any agreement, judgment, decree, order, statute, rule or governmental regulation to which Seller is a party or which affects the Property. C-1 d. There are no proceedings for the taking of any of the Property by eminent domain, or for changing the public access thereto from abutting streets by any authorities pending or, to the knowledge of Seller, threatened. e. If Seiler (or any of the parties comprising the same) is an entity or a trust and not an individual, then Seller is legally established and in good standing under the laws of the State of North Carolina and is legally authorized and in good standing to do business in the State of North Carolina (and if a trust then the identified trustee is the legal trustee with all powers of the same). If Seller (or any of the parties comprising the same) is an individual then all spouses of said individuals have likewise signed this Contract and are also a part of Seller. This Contract as executed by Seller is the valid and binding obligation of Seller. The execution and delivery of this Contract by Seller and the execution and delivery of the deed and other documents as are necessary or desirable to effectuate the transaction contemplated by this Contract are within Seller's capacity and all requisite action has been taken to make this Contract valid and binding on Seller in accordance with its terms, and the person executing this Contract on behalf of Seller has the authority to do so. No consent or approval of, prior filing with or notice to, or other action by, any governmental body or agency, or any other person or entity is required in connection with the execution and delivery of this Contract by Seller or its partners, or the consummation of the transactions provided for herein. f. Seller has not entered into any other contracts, agreements or understandings, verbal or written, for the sale or transfer of any portion of the Property (except that Seller will execute a contract for the purchase of the Property from the current owner). Between the date of this Contract and Closing hereunder, Seller shall not alienate, encumber the Property, contract to sell or assign its rights to purchaselsell the Property, or transfer the Property, other than to Buyer (except that Seller will execute a contract for the purchase of the Property from the current owner). From and after the Effective Date Seller shall not, without Buyer's written consent (i) alter or permit waste upon the Property, (ii) grant any easements or rights-of-way affecting the Property, (iii) convey any estate or interest in the Property, (iv) further encumber the Property, (v) cut or sell any timber located on the Property or (vi) move or demolish any existing buildings or other structures located on the Property. Seller shall not default under the contract with the current owner of the Property, and, in particular, will use good faith and all best efforts (including by resort to default remedies if applicable) to acquire and convey the Property to Buyer at Closing in accordance with the terms of this Closing. g. To the best of Seller's knowledge, the Property has been operated so as to comply with all laws, statutes, regulations, rules and other requirements of any authorities applicable to it, and there are no outstanding notices, judgments, orders, writs or decrees of any judicial or other authorities binding specifically against the Seller and/or otherwise pertaining to the Property. h. Without limiting the foregoing, Seller's use of the Property, and to Seller's best knowledge all use of the Property, has complied and does comply in all material respects with all federal, state and local laws, rules, regulations, orders and requirements relating to health, safety or the environment (said laws, rules, regulations, orders and requirements hereinafter collectively referred to as "Environmental Laws"). Further, (i) Seller has received no notice from any authorities having jurisdiction thereof that the Property and the use thereof are now or have previously been in violation of any Environmental Laws; (ii) there does not exist on the Property any hazardous substance, hazardous waste, pollutant, contaminant, toxic substance, asbestos, oil, or other petroleum or chemical, biological or radioactive substance which is subject to regulation under any Environmental Laws or any storage tank used for the storage thereof, whether above -ground or underground; (iii) there has been no discharge, storage or disposal of any hazardous substance, hazardous waste, pollutant, contaminant, toxic substance, asbestos, oil, other petroleum or chemical, biological or radioactive substance which is subject to regulation under any of the Environmental Laws on or from the Property; and (iv) any and all reports, FI analyses, studies or other documentation owned or controlled by Seller identifying or relating to any hazardous substance, hazardous waste, pollutant, contaminant, toxic substance, asbestos, oil, or other petroleum or chemical, biological or radioactive substance which is subject to regulation under any Environmental Laws or any storage tank used for the storage thereof, used in connection with, existing upon, stored upon or disposed or discharged on or from the Property have been delivered to Buyer. i. No commitments have been made by Seller to any authorities, utility company, school board, church, religious body, or other organization, group, or individual that would impose an obligation upon Buyer to construct any improvements, to make any contribution of money, to dedicate any land or to maintain any land for improvements. j. No site or area improvements have been constructed or installed by any public authority, the cost of which may be assessed in whole or in part against any part of the Property, and Seiler has not been notified of any possible future improvements that might create an assessment against any part of the Property. k. Seller has no knowledge that the Property has been used as a landfill or that any construction or other debris has been buried on any portion of the Property. 1. Seller has no knowledge that the Property contains any threatened or endangered species or endangered or protected habitats or items of historical or archaeological significance as defined by applicable state and federal laws. in. The following utilities are available to the Property: water, sewer, electricity, phone, cable and gas. The Property touches and fronts on and has direct access to a dedicated public roadway. n. Seller has no actual knowledge of any inaccuracies in any of the Documents provided pursuant to Section 24, If Seller receives any Documents during the term of this Contract, then Seller shall provide by Seller to Buyer are full and complete copies of the same (as received by Seller) to Buyer within three (3) days of Seller's receipt of the same. o. Seller has not and does not contemplated filing for or seeking relief under the United States Bankruptcy Code or any other law, ordinance, state, code, or regulation, state or federal, providing for debtor relief. P. If as a result of the Regulatory Approvals, as of the date of any of the Closings, Buyer needs to access, install, maintain, or tie into any utility facilities located on any portion of the Property not yet acquired by Buyer, then Seller shall grant Buyer (and its assigns) and record an easement over any portion of the Property still owned by Seller following the Closing, in form suitable to Buyer in all respects (but containing a reasonable indemnity in favor of Seller for activities of Buyer on its Property) so that Buyer (and its assigns) may undertake the above described activities on any portion of the Property not owned by Buyer Seller shall comply with all its covenants and Seller shall not allow or cause any action to be taken that will cause any of the foregoing representations or warranties to be untrue or incorrect at either Closing, or fail to take any action that may be required to keep such representations and warranties true and correct at Closing. In the event any of the foregoing representations or warranties change prior to or at any Closing, Seller shall provide immediate notice of such change to Buyer. In the event such change is not caused by the action of Seller or a failure of Seller to act (with default remedies applying where Seller is the cause), then Buyer shall have the right to terminate this Contract by delivery of written notice to Seiler within five (5) days of Buyer's receipt of notice of the change and receive return of its Earnest Money. 13. Conditions Precedent to Buyer's Obr ations. The obligation of Buyer to consummate the transaction provided for herein is subject to the following conditions (none of which limit any of the others or limit any other terms or provisions in this Contract), each of which must have been satisfied (or waived by Buyer in its sole discretion) by the Outside Date for the Initial Closing (and by the Second Closing Date for the Second Closing): a.. Seller shall have performed all of its obligations under this Contract, and under its contract with the underlying owner, and all representations and warranties of Seller set forth in this Contract shall be true and correct. b. Title to the Property shall be as set forth in Section 6 and Buyer shall have obtained title insurance insuring Buyer's title to the Property at standard rates, all in accordance with Section 6. C. There shall have been no material adverse change in the physical condition (including but not limited to the environmental condition) of the Property from that as it exists on the Effective Date of this Contract. d. There shall exist no condition (or lack of condition as the case may be) relating to the Property either on site or off site (including a moratorium or other requirement of any authority) that did not exist (or that did exist in the case of a condition now lacking) at the end of the Feasibility Period, and that is not within the sole control and responsibility of Buyer (at no expense to Buyer and without requiring Buyer to change its plans for the development of the Property) to cure, which would result in any authority delaying or denying permits necessary for the development, construction, use or occupancy of the subdivision improvements (including infrastructure and utilities) and the homes that Buyer intends to construct on the Property when application is made therefor. e. The Regulatory Approvals have been obtained from all applicable authorities, and the Property shall have been properly and legally subdivided from its underlying base tracts, all with all appeal periods for challenging the same having run without an appeal being filed. f. All utility services (meaning without limitation, public water, public sewer, storm sewer, electricity, street lights, telephone, gas, and cable television) reasonably necessary for the development of the Property as a residential subdivision and for the construction and development of Buyer's intended residential lots and homes at the Minimum Yield, and for issuance of certificates of occupancy for the same, all as contemplated herein, are available to the Property line (either by existing lines/facilities or by existing easements running in favor of Property and benefitting the owner of the same or the public), with public water and sanitary sewer capacity allocated to the Property sufficient to serve the above described development, construction and issuance of certificates of occupancy. g. Without limiting the terms of Section 13(f) above, if as a result of the Regulatory Approvals, as of the date of any of the Closings, Buyer needs to access, install, maintain, or tie into any utility facilities located on any portion of the Property not yet acquired by Buyer, then Seller shall grant Buyer (and its assigns) and record an easement over any portion of the Property still owned by Seller following the Closing, in form suitable to Buyer in all respects (but containing a reasonable indemnity in favor of Seller for activities of Buyer on its Property) so that Buyer (and its assigns) may undertake the above described activities on any portion of the Property not owned by Buyer. E In the event any of the foregoing Conditions Precedent have not been satisfied to Buyer's satisfaction prior to the Outside Date for the Initial Closing, Buyer shall have the right to either: (i) terminate this Contract and the Earnest Money shall be paid to Buyer, or (ii) extend the Outside Date (or other scheduled date) for Closing, not to exceed ninety (90) days and pay to Seller an amount equal to $30,000 (the "Closing Extension Payment") as compensation for the extension (which Closing Extension Payment shall not be refundable to Buyer except in the event of a Seller default, or failure of Seiler to acquire the Property, and which Closing Extension Payment shall be credited against the Purchase Price at Closing); or iii) waive the unsatisfied Condition Precedent and close. In the event Buyer elects option (ii) above, and all such conditions are not satisfied within any such 90 -day extension, then Buyer shall have the right, in its sole discretion, to either terminate this Contract and receive a return. of the Earnest Money or waive the unsatisfied Condition Precedent and close. Nothing above shall be deemed to limit any otherwise applicable rights of Buyer under Section 17. 14. Intentionally Omitted 15. Closing Documents. Seiler shall convey title to the applicable portion of the Property to Buyer in accordance with the provisions hereof by execution and delivery of a general warranty deed conveying to Buyer good, marketable and insurable fee simple title to the Property free and clear of all liens and encumbrances except for the Permitted Exceptions (the Property to be therein conveyed either by description in Seller's vesting deed or by description in Buyer's survey, if applicable, in Buyer's reasonable discretion). Seller shall also furnish at Closing (i) an ALTA form lien waiver and possession affidavit on the Title Company's standard form; (ii) a non -foreign affidavit; (iii) a 1099 reporting form; (iv) if Buyer determines it is applicable during its Feasibility Period and in Buyer's discretion, a quit claim Assignment and Bill of Sale executed by Seller in order to convey such personal property rights/interests and such intangible appurtenant property related rights as pertain to and are part of the Property as herein described; (v) any easements required to be granted at any Closing in accordance with Section 13(g) if any; and (v) such other documents and instruments as Buyer may reasonably require or which may be required to satisfy any conditions of Buyer's title insurance company including all applicable and typical NC closing affidavits. At each Closing, Buyer shall deliver to Seller the applicable portion of the Purchase Price (taking account of all other costs and adjustments provided for herein) and such documents and instruments as Seller shall reasonably require, in form and substance reasonably approved by Seller. 16. Severability. Any provision of this Contract, or portion thereof, which is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, portions thereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision, or portion thereof, in any other jurisdiction. 17. Default. This document shall be construed as a contract to sell real estate binding upon the parties hereto. a. if Seller fails to satisfy any of the conditions or meet any of its obligations under this Contract or if Seller breaches any representation or warranty contained herein, then Buyer may exercise any and all rights and remedies available to it against Seller at law or in equity, including, without limitation, (i) an action for specific performance and (ii) an action at law for damages (including attorney's fees) incurred by Buyer by reason of Seller's default. In addition, upon any default by Seller, regardless of whether this Contract is terminated, the Earnest Money shall be immediately returned to Buyer. Without limiting any terms and provisions herein, any default by Seller under its contract with the current owner of the Property shall be a default hereunder 10 b. In the event that Buyer defaults under this Contract resulting in failure to close in accordance with the provisions hereof, Seller may terminate this Contract and Seller shall be entitled to be paid the Earnest Money then on deposit, it being mutually agreed that Seller's damages in such event would be difficult or impractical to ascertain, the same shall be deemed to be liquidated damages and shall be the sole and exclusive remedy of Seller for any breach by Buyer. Other than the speck Seller remedy expressly set forth in this Section 17. Seller hereby waives any and all right and remedy, at law or in equity, to which Seller may otherwise have been entitled by reason of Buyer's default, including any right in equity to seek specific performance of this Contract by Buyer, and any right at law to seek damages from Buyer. G. This Section 17 shall survive termination of the Contract. Furthermore, notwithstanding the provisions of this Section 17 above, no default by either party hereto shall result in a termination or limitation of any rights of such party hereunder, or otherwise trigger any default remedies hereunder, unless and until the other party shall have notified the defaulting party in writing of said default, and the defaulting party shall have failed to cure said default within ten (10) business days after the receipt of said written notice. d. Without limiting any otherwise applicable terms and provisions in Section 17(a) above, in the event that Seller fails for any reason to acquire the Property and convey the same to Buyer at the Closings (with all Conditions Precedent satisfied) as provided herein on or before the Outside Date (with Buyer being required to exercise its right to extend the same for up to 90 days under Section 13 if necessary for Seller to perform), then Buyer's Earnest Money (including any Extension Deposit if any) shall be returned to Buyer and Seller shall promptly reimburse Buyer for all Buyer's actual expenses including attorneys' fees incurred for due diligence or otherwise incurred in pursuit of this Contract and the transaction herein contemplated (not to exceed $25,000) incurred through the date of termination. This Section 17(e) shall survive termination of the Agreement. This Section 17 shall survive termination of the Agreement. 18, Interpretation. The Section headings are inserted for convenience only and are in no way intended to interpret, define, or limit the scope or content of this Contract or any provision hereof. If any party is made up of more than one person or entity, then all such persons and entities shall be bound jointly and severally, even though the defined term for such party is used in the singular in this contract. 19. Possession. Seller shall deliver actual and exclusive possession of the Property to Buyer at the Closing. 20. Survival. All matters set forth in this Contract, including but not limited to the terms, conditions, representations, guaranties and warranties made herein shall survive Closing. 21. Applicable Law. This Contract shall be construed and interpreted in accordance with the laws of the State of North Carolina without regard to its principles of conflict of laws. 22. Successors and Assigns. This Contract shall be binding upon and shall inure to the benefit of the parties and their respective legal representatives, successors and assigns. Seller shall not assign this Contract without the consent of Buyer, and any attempt to do so without the written consent of Buyer shall be null and void. 23. Recitals and Exhibits. The recitals and exhibits contained/referred to in/attached to this Contract are incorporated herein in full by reference. 11 24. Existing Documents. Not later than five (5) days after the Effective Date Seller will furnish Buyer with copies of all existing deeds, plans, studies, construction drawings, title commitments and/or policies, surveys, plats, site and development plans environmental reports, and any other materials which are in the possession of the Seller or its agents (all of the foregoing being collectively, the "Documents"). Seller shall likewise promptly deliver to Buyer and additional Documents obtained by Seller or its agents during the term of this Contract. 25. Duties and Responsibilities of Escrow Agent. If any dispute or difference arises between Buyer and Seller or if any conflicting demand shall be made upon Escrow Agent, Escrow Agent shall not be required to determine the same or take any action, but may await settlement of the controversy by final appropriate legal proceedings or otherwise as it may require. Buyer and Seller, jointly and severally, agree to and hereby indemnify, defend and hold Escrow Agent harmless from and against all costs, damages, judgments, attorneys' fees, expenses, obligations and liabilities of every kind and nature reasonably suffered or incurred in connection with or arising out of this Contract and the performance of its duties hereunder, including, but not limited to, all costs and expenses incurred for the interpretation of this Contract or any other agreement related hereto, or with respect to any appointment or interpleader or other proceeding, unless such liability arises as a direct result of the gross negligence or willful misconduct of Escrow Agent. 26. Further Assurances. Each of the parties hereby agrees to execute and deliver such further agreements and take such further actions as the other may reasonably request to effect the intent and purpose of this Contract. 27. Entire Agreement: Time of the Essence. This Contract merges all prior negotiations and understandings between the parties, and constitutes their entire agreement for the purchase and sale of the Property, which is binding upon Buyer and Seller when executed by Seller, regardless of any written or verbal representations of any agent, manager, or other employees to the contrary. This Contract constitutes the entire agreement of the parties as to the subject matter hereof and may not be amended except by written instrument executed by Buyer and Seller. Time is of the essence under this Contract. 28. Counterparts: Electronically Transmitted Signatures. This Contract may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronically transmitted signatures shall constitute originals for purposes hereof. 29. Time Periods. Any and all references in this Contract to time periods which are specified by reference to a certain number of days refer to calendar days, unless "business days" is otherwise expressly provided. Therefore, if (a) the last date by which a Closing is permitted to occur hereunder, or (b) any date by which a party is required to provide the other party with notice hereunder, occurs on a Saturday or a Sunday or a banking holiday in the jurisdiction where the Property is located, then and in any of such events, such applicable dates shall be deemed to occur, for all purposes of this Contract, on that calendar day which is the next, succeeding day, which is not a Saturday, Sunday or banking holiday. 36. , No Partnership. Nothing in this Contract shall be deemed in any way to create between the parties any relationship of partnership, joint venture or association, and the parties disclaim the existence thereof. 31. Waivers. No party shall be deemed to have waived the exercise of any right which it holds hereunder unless such waiver is made expressly and in writing (and no delay or omission by any party hereto in exercising any such right shall be deemed a waiver of its future exercise). No such waiver made as to any instance involving the exercise of any such right shall be deemed a waiver as to any other such instance, or any other such right. 12 32. Parties Represented. This Contract was prepared and negotiated between the parties, both having had legal representation (or the opportunity to obtain the same) relative to such preparations and negotiations, and no terms or provisions herein shall be interpreted against the drafter thereof, the parties agreeing that they have reviewed and agreed upon all of the same with assistance of their respective chosen counsel. 33. Prevailing Party Fees and Costs. In the event of any legal action or arbitration proceeding between the Parties regarding this Contract or the Property (an "Action"), the prevailing party shall be entitled to payment by the non -prevailing party of its reasonable attorneys' fees and litigation or arbitration expenses as determined in the course of the proceeding. As used herein, "prevailing party" means a party recovering all or substantially all of the relief sought by such party, whether as plaintiff or defendant. 34. Additional Covenants (Underlying Contract). Notwithstanding any other term or provision herein, Seller shall deliver to Buyer on or before the 15'' day after the Effective Date full and complete copies of Seller's signed contracts with the current owner of the Property (for the purchase of the Property) and copies of any/all signed amendments to the same (all references to Seller's contract/agreement with the current owner herein shall be read to include all amendments to the same). Seller shall not amend said contract with the current owners of the Property without the consent of Buyer (Buyer's consent not to be unreasonably withheld). Seller shall cooperate in good faith and shall perform in all respects and shall enforce its rights and remedies under its contracts with the current owners of the Property, all in furtherance satisfying the terms and intent of this Contract. If requested by Buyer, Seller shall from time to time provide Buyer with estoppels from the current owners of the Property indicating that there are no defaults under the underlying Seller contracts with the current owners of the Property. 35, Memo Of Contract. At the time Seller closes on the acquisition of the Property from the underlying owner, Buyer and Seller shall execute the Memorandum of Contract attached as Exhibit B hereto which Buyer may record in the office of the Register of Deeds for Harnett County, North Carolina. 3C Crops: Additional Seller Acreage. Notwithstanding any provision herein to the contrary, and without limiting Buyer's access and inspection rights otherwise described herein (with Buyer agreeing to use reasonable efforts to work around land expressly identified in writing by Buyer as being under cultivation if practicable while still conducting its diligence activities and with Buyer agreeing to provide 48 hours written notice of intent to go on land so identified as being under cultivation), Buyer shall use commercially reasonable efforts to minimize its impact on any tobacco and sweet potato crops growing on the Property. Seller shall assist Buyer's and its agents in working with the lessees who are the owners of the crops under cultivation located on the Property, by informing the lessees of the need for Buyer and its agents to go upon the land for purposes of tests and inspections, etc. (Remainder of Page intentionally Blank] 13 IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year indicated next to their signatures. BUYER: LGI HOMES — NC, a No Carolina limited liability camp By: Name. sley Title: Vice President — Land Acquisitions and Development Date of Execution: SER: E. ?MARSHALL W ODA L Date of Execution: GLADYS ODALL Date of Execution: SHELBY W. WOODALL as Trustee of HAROLD B. WOODALL REVOCABLE TRUST By: Name: Shelby W. Woodall, as Trustee Date of Execution: CHRISTOPHER L. WOODALL as Trustee of HAROLD B. WOODALL REVOCABLE TRUST By: Name: Christopher L. Woodall, as Trustee Date of Execution: MICHAEL S. WOODALL as Trustee of HAROLD B. WOODALL REVOCABLE TRUST By: Name: Michael S. Woodall, as Trustee Date of Execution: J. *VID AVRE'. Dae of Execution. CY3!'HIA. W. AVRETTE, Wife 2 Date of Execution: �l r 14 IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year indicated next to their signatures. P-1100) ) LGI HOMES — NC, a No Carolina limited liability company By: Name: Da ' sley Title: Vice President — Land Acquisitions and Development Date of Execution: SELLER: E. MARSHALL WOODALL Date of Execution: GLADYS J. WOODALL Date of Execution: SHELBY W. WOODALL as Trustee of HAROLD B. WOODVOCABLE T U By: Name: Shelby W. oodall, as Trustee Date of Execution: !I --/ t-- Z.8 L j CHRISTOPHER L. WOODALL as Trustee of HAROLDOODALL REV ABLE TRUST By: spa' Name: Christopher L. Woodall, as Tru tee Date of Execution: D - 1 Z- U 19 MICHAEL S. WOODALL as Trustee of HAROLD B. WOODALL RE, VOCABL TRUST By: I&AXU t W TPu,.,+ A Name: Michael S. Woodall, as ' rustee Date of Execution: '']-- 1 Z- `Z�! J. DAVID AVRETTE, Husband Date of Execution: CYNTHIA W. AVRETTE, Wife Date of Execution: 14 The undersigned joins in the execution of the foregoing Contract for the sole purpose of agreeing to hold and apply the Earnest Money subject to and in accordance with the terms of the foregoing Contract. ESCROW AGENT: CHICAGO TITLE INSURANCE COMPANY Name: Scott Mansfield Title: Date: [Remainder of Page Intentionally Blank] 16 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY AND SELLER RETAINED PROPERTY The "Property" is all of that certain real property which is Harnett County Parcels having County PINS 0662-07-1679, 0662-08-0765, 0662-17-8171, 0662-35-9148, 0662-36-4167, 0662-45-2579 and 0662-56- 1185 (shown below) and described more particularly in those deed(s) recorded at [TBD based on title search during Feasibility] in the Harnett County Registry, and shown below as all property on the below drat (subject to change) site plan (attached here merely to show extent of the Property); SAVE AND EXCEPT the property shown as Tract A on Map # 1998, Pg 206 (9.13 acres) Harnett County Registry. The "Initial Closing Property" is that portion of the Property described more particularly as approximately 100 of the total approximately 300 total acres of the Property; with the exact location being driven by the Regulatory Approvals and agreed on by the parties during the Feasibility Period and shown on the Survey. The "Second Closing Property" is that portion of the Property described more particularly as approximately 100 of the total approximately 300 total acres of the Property; with the exact location being driven by the Regulatory Approvals and agreed on by the parties during the Feasibility Period and shown on the Survey The "Third Closing Property" is that portion of the Property described more particularly as approximately 100 of the total approximately 300 total acres of the Property; with the exact location being driven by the Regulatory Approvals and agreed on by the parties during the Feasibility Period and shown on the Survey. 17 Exhibit B FORM OF MEMORANDUM OF CONTRACT STATE OF NORTH CAROLINA HARNETT COUNTY MEMORANDUM OF CONTRACT This MEMORANDUM OF CONTRACT is made and entered into as of this day of 20 by and between ("Seller"), and ("Purchaser") for the purpose of putting the public on notice of inquiry concerning the terms of that certain Real Estate Purchase Contract having an effective date of 2017 (the "Contract"), wherein Seller has agreed to sell and Purchaser has agreed to purchase the real property located in Harnett County, North Carolina and more particularly described in Exhibit A attached hereto and by this reference incorporated herein (the "Property"). This Memorandum of Contract shall exist and continue until a memorandum constituting a termination of the contract has been filed in the Harnett County Registry; provided however, it shall automatically expire on the 26 -month anniversary of the effective date of recordation of this Memorandum of Contract and shall be of no force and effect after that date. In the event, the parties shall cause the contract to be extended for a longer period, the parties shall execute a new Memorandum of Contract. The addresses of the Seller and Purchaser for notice are as set forth below: Purchaser: LGI HOMES — NC, a North Carolina limited liability company By: Name: David Hensley Title: Vice President — Land Acquisitions and Development Date of Execution: Seller: MARSHALL WOODALL Date of Execution: GLADYS J WOODALL Date of Execution: SHELBY W. WOODALL as Trustee of HAROLD B. WOODALL REVOCABLE TRUST 18 By: Name: Shelby W. Woodall, as Trustee Date of Execution: CHRISTOPHER L. WOODALL as Trustee of HAROLD B. WOODALL REVOCABLE TRUST By: Name: Christopher L. Woodall, as Trustee Date of Execution: AUCHAEL S. WOODALL as Trustee of HAROLD B. WOODALL REVOCABLE TRUST By: Name: Michael S. Woodall, as Trustee Date of Execution: J. DAVID AVRETTE, Husband Date of Execution: CYNTHIA W. AVRETTE, Wife Date of Execution: (Notary provision to be inserted at time of signing] 4851-98994250, v. 6 (Not a signature copy) 19 North Carolina Department of Cultural Resources State Historic Preservation Office Ramona A Bartos, Administrator Governor Pat McCron Secretary Susan Kluttz April 26, 2013 MEMORANDUM TO: Megan Privett Office of Human Environment NCDOT Division of Highways FROM: Ramona M. Bartos 90,W -V60. � Office of Archives and flistor} Deputy Secretary Kevin Cherry SUBJECT: Historic Architectural Resources Survey Report, Improve US 401 from North of Fayetteville to North of Fuquay-Varina, R-2609, Cumberland, Harnett, and Wake Counties, Multi, ER 11-0210 Thank you for your letter of April 3, 2013, transmitting the above report. For the purpose of compliance with Section 106 of the National Historic Preservation Act, we concur that the Summer Villa and McKay -Salmon House (HT 0017, Properties 313 and 320) and the Summerville Presbyterian Church (HT 0019, Property 368) are listed in, and remain eligible for listing in, the National Register of Historic Places. We also concur that the following properties are eligible for listing in the National Register under the criteria cited, and that the proposed National Register boundaries appear appropriate: ■ Palestine Fire Lookout Tower (Property 11), Criterion A for its association with the development of organized fire protection; ■ Raleigh Road Elementary School (Property 17), Criterion A for education and Criterion C for architecture; ■ Hobbs Farm (HT 0383, Property 82), Criterion A for agriculture and Criterion C for architecture; ■ Jones House (HT 0135, Property 88), Criterion C for architecture; ■ Harnett/Senter Brick Company (HT 0141, Property 106), Criterion A for industry, Criterion C for architecture; ■ Lillington Historic District (HT 0522, Properties 159-177 and 180-188), Criterion A for association with the commercial and residential development of Lillington and Criterion C for architecture; ■ (Former) Harnett County Health Department (Property 179), Criterion A for public health and Criterion C for architecture; ■ Kipling United Methodist Church and Parsonage (Properties 229-230), Criterion C for architecture and meets Criteria Consideration A for religious properties; ■ Johnson House and Store (Properties 235-236), Criterion A for commerce and Criterion C for architecture; ■ A. A. Johnson House (Property 258), Criterion C for architecture; ■ David Henry Senter House (HT 0174, Property 268), Criterion B for its association with David Henry Senter and Criterion C for architecture; and, ■ McLeod -Sexton House (HT 0175, Property 516), Criterion C for architecture. Location: 109 East joncs Street, Raleigh NC 27601 Mailing Address: 4617 !Mall Service Ccnter, Raleigh NC 27699-4617 Telephone/Fax: ('919) 807-6570/507-6599 We concur that the Byrd Rural Historic District (HT 0151 and HT 0387, Properties 48-55) is eligible under Criterion A for agriculture and Criterion C for architecture, and that the proposed boundaries appear appropriate. However, since the agricultural use of the district continued after the death of J. C. Byrd, we believe that the period of significance should extend to 1963 instead of 1948. This would mean that Byrd House I (Property 52) and Byrd House II (Property 53) would fall within the period of significance, making them both contributing resources. We concur with the other contributing/non-contributing determinations for the Byrd Rural Historic District. We believe that even with the replacement windows and enclosed porch on the rear addition, the Farmstead (Property 247) retains enough historic integrity to be considered eligible for listing in the National Register under Criterion C for architecture. Proposed National Register boundaries are enclosed. We also concur that, barring additional information to the contrary, the following properties are not eligible for listing in the National Register: • Palestine Presbyterian Church and Cemetery (Property 14); ■ US Post Office, Bunnlevel (Property 68); • Bunn -Dollar House (HT 0150, Property 90); ■ Hattadare Indian Village Park (HT 0159, Property 92); ■ House, 218 Titan Roberts Road (Property 95); ■ House, 950 US 401 South (Property 134); ■ Bunkhouse, 7841 US 401 North (Property 249); ■ House and Store, 7846 US 401 (Property 251-252); ■ Hamilton Farmstead (Property 253).- Chalybeate 53);Chalybeate Springs Historic District (Properties 258, 260-262, and 267-270); ■ (Former) Harnett County Boarding Home and Farm (Properties 365-366); ■ Kipling Historic District (Properties 382-385 and 389-390),- NC 89-390);NC DOT Office Building (Property 413); ■ Angier Rosenwald School (Property 470); ■ Cape Fear Presbyterian Church (Property 543); and, ■ The remaining properties listed in Appendix C. 11 The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or r n .gledh il- carlg,y(cD,nedcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Enclosure cc: Mary Pope Furr, NC DOT, mfurrgncdot.gov APPENDIX B: SURVEYED RESOURCES NOT ELIGIBLE FOR THE NRHP integrity 559 House 0662-34-1818.000 4985 NC 210 N 1940 Recommended not eligible Common type/lost CNC210/11arnett integrity 560 House 0662-36-4167.000 5135 NC 210 N 1936 Recommended not eligible Common type CNC210/Harnett 561 House 066245-7628.000 5379 NC 210 N 1955 Recommended not eligible Common type/lost CNC210/Harnett integrity 562 House 0662-56-1185.000 5556 NC 210 N 1928 Recommended not eligible Common type/lost CNC2 10/1 larnett integrity 563 House 0662-78-0453.000 6069 NC 210 N 1947 Recommended not eligible Common type/lost CNC210/Harnett integrity 564 }louse 0662-78-5607.000 6146 NC 210 N 1955 Recommended not eligible Common type/lost CNC2 10/1 larnett integrity 565 }louse 0662-79-6233.000 6241 NC 210 N 1960 Recommended not eligible Common type CNC2 I 0/flarnett 566 House 0662-79-8972.000 6357 NC 210 N 1930 Recommended not eligible Common type/lost CNC2 10/1 larnett integrity 567 House 0663-80-5044.000 6480 NC 210 N 1945 Recommended not eligible Common type/lost CNC2 10/1 larnett integrity 568 House 0663-80-5172.000 6496 NC 210 N 1950 Recommended not eligible Common type/lost _ CNC2101 iarnett integrity 569 House 0663-80-8334.000 6550 NC 210 N 1956 Recommended not eligible Common type/lost CNC210/f Iarnett integrity 570 blouse 0673-20-2741.000 884 Matthews Mill 1930 Recommended not eligible Common type/lost C7c/Harnett Pond Rd. integrity 571 House 0673-30-7429.000 997 Matthews Mill 1955 Recommended not eligible Common type C7e/I larnett Pond Rd. 572 House 0673-21-2847.000 Matthews Mill Pond 1930 Recommended not eligible Common type C7e/Harnett Rd. 573 House 0673-324623.000 581 Matthews Mill 1920 Recommended not eligible Common type/lost C7e/I Iarnett Pond Rd. integrity 574 House 0673-33-3479.000 491 Matthews Mill 1910 Recommended not eligible Common type/lost C7e/Harnett Pond Rd. integrity 575 House 0673-23-1894.000 316 Matthews Mill 1925 Recommended not eligible Common type/lost C7e/Hamett Pond Rd. integrity 576 House 0673-25-7365.000 1 l 1 Matthews Mill 1929 Recommended not eligible Common type/lost C7e/Harnett Pond Rd. integrity 577 House 0673-25-7477.000 85 Matthews Mill Pond 1910 Recommended not eligible Common type/lost C7e/Hamctt Rd. integrity 578 1 House 0673-45-1908.000 1 248 Tippet Rd. 1945 1 Recommended not eligible Common type C7e/Harnett Built around 1946, this brick Minimal Traditional -style dwelling has large horizontal two -over - two wooden -sash windows and French doors leading out onto a small shed -roofed front porch supported by decorative metal posts. The house lacks the significance needed for National Register eligibility under any criterion. No. 555 (former) Service station Harnett County Built around 1946, this front -gabled, brick service station is currently used as a place of worship and has been substantially altered. Two small pump islands survives but the pumps are no longer extant, and the original windows have been replaced with large plate -glass windows. The building lacks the integrity and significance needed for National Register eligibility under any criterion. No. 556 House Harnett County Built around 1956, this brick Ranch -style dwelling has large horizontal two -aver -two wooden - sash windows and a slightly projecting Chicago -style picture window with stone veneer below. The house lacks the significance needed for National Register eligibility under any criterion. No. 557 House Harnett County Built around 1942, this front -gabled Vernacular -style dwelling has a hip -roofed front porch and is clad in vinyl German or drop siding with eight -over -eight wooden -sash Craftsman -style windows. The house lacks the integrity and significance needed for National Register eligibility under any criterion. No. 558 House Harnett County Built around 1945, this front -gabled Vernacular -style dwelling is clad in vinyl siding with six - over -six wooden -sash windows. The house lacks the integrity and significance needed for National Register eligibility under any criterion. No. 559 House Harnett County Built around 1940, this Minimal Traditional -style dwelling is clad in vinyl siding with one -over - one wooden -sash windows. The house lacks the integrity and significance needed for National Register eligibility under any criterion. No. 560 House Harnett County Built around 1936, this side -gabled Vernacular -style dwelling has a large front -gabled porch supported by brick pillars and decorative metal posts, and an integral carport off the northeast gable end. The building is covered in weatherboard siding with four -over -one wooden -sash Craftsman -style windows. The house lacks the significance needed for National Register eligibility under any criterion. 78 No. 561 House Harnett County Built around 1955, this brick Ranch -style dwelling has a small projecting front -gabled wing and a section covered in German or drop siding, and eight -over -eight and a Chicago -style picture vinyl -sash replacement windows. The house lacks the integrity and significance needed for National Register eligibility under any criterion. No. 562 House Harnett County Built around 1928, this small front -gabled Vernacular -style dwelling has a hip -roofed front porch and is covered in asbestos siding with four -over -four wooden -sash windows. Located behind the house are several outbuildings including a two-story gambrel -roofed barn. The house and outbuildings lack the integrity and significance needed for National Register eligibility under any criterion. No. 563 House Harnett County Built around 1947, this Minimal Traditional -style dwelling has a short front -gabled wing and a small shed -roofed front porch. The building is clad in vinyl siding with one -over -one vinyl -sash replacement windows and a tripartite picture window. The house lacks the integrity and significance needed for National Register eligibility under any criterion. No. 564 House Harnett County Built around 1955, this brick Ranch -style dwelling has a large front -gabled wing with a recessed entry and six -over -six vinyl -sash replacement windows. The central section of the front elevation has a coursed stone veneer. The house lacks the integrity and significance needed for National Register eligibility under any criterion. No. 565 House Harnett County Built around 1960, this brick Ranch -style dwelling has horizontal two -over -two wooden -sash windows. The house lacks the significance needed for National Register eligibility under any criterion. No. 566 House Harnett County Built around 1930, this one -and -a -half -story, side -gabled Craftsman -style dwelling has a partially enclosed wrap-around porch and is clad in vinyl siding with one -over -one vinyl -sash replacement windows. The house lacks the integrity and significance needed for National Register eligibility under any criterion. 79 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director David Hensley LGI Homes 3037 Sherman Drive Lancaster, SC 29720 Project: Atherstone Subdivision NORTH CAROLINA Envirmunentif Quality November 29, 2018 Expiration of Acceptance: 5/30/2019 County: Harnett The purpose of this letter is to notify you that the NCDEO Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. -- River Basin Impact Location �, Impact Type Impact Quantity ry Cape Fear 03030004 Warm Stream 252 Cape Fear 03030004 i I Riparian Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Chris Hopper, agent Sincere�lty, James.. B Stanfill Asset, Management Supervisor North Carolina Department of Environmental Cpualo 101wsion of Mitigation Services 217 W. Junes Street ; 1652 Mati Senace Center Raleigh, Nmth Carothe 27699-1652. 919.707.8976 v V ti Lillington ao1 ek 421 _ CAROLINA. N Study Area Atherstone Subdivision EcosysTEMS MEMENEEZZ= Miles Harnett County, NC 0 0.5 1 Sewer Corridor February 2018 �� USGS Named Streams Figure 1: Vicnity Map SZ 101 If WY 0.02 a y 71 rx�yr t .S r : � � . • '�lLim 7• lo_r� y'�_'�,, 44, 44, Lrj7v .tom � :t'.,u� .. .. '�� s.... di:- _>. �'`s •.' k: 1. Y"t C. .� q rs _' y F' 1 ar _ t E • Ac P k•¢ i g# a' - r. �Sa. ,. + - '- 8: 7� ' _ s .: _'__. -`. ,•.<+. - Neills C � - reek; 1399 WY Up WY Wet y' . s� > a WG; 0.03 ac SA; 1872°If W I; 0.03 ac. rrCL'r =LAS I .,Feet 0 WA; 23.8 ac vvq; <u.u-i ac' • f W R 0:04 ac - WS, cWS Wei' SA • 1872, I f W P, <01', ae W 0; 0.02 ac WS up WS'0: VIIR,,pl�1ac) =14 WS�1Wet,.Nll SA; 1872 If WF; <0.01 ac WO; 0.02 ac WS DP WS O.19ac a' SD; 552 If RD; 1:1,7 ac r "NVIRONMENTAL IMPACT MAPS, -j OWNERS WOODDALL, E MARSHALL AND HAROLD B 473 OAK STREET LILLINGTON, NC 27546 ARVETTE, DAVID AND CINDY 1082 KEITH HILLS RD LILLINGTON, NC 27546 DEVELOPER LGI HOMES, INC 3037 SHERMAN DR. LANCASTER, SC 29720 CONTACT - BOBBY MACNAUGHTON 844-566-4300 Sheet Number Sheet Title 1 COVER 2 OVERALL IMPACT MAP 3 IMPACT AREA A/B/H 4 IMPACT AREA C 5 IMPACT AREA D 6 IMPACT AREA E 7 IMPACT AREA F 8 IMPACT AREA G 9 DETAIL SHEET NOTES: \ll11:1"S"1O ES ligD1\1S1O HARNETT COUNTY, NORTH CAROLINA 1. ALL STREAM BUFFERS, WETLANDS, AND PONDS THAT ENCROACH WITHIN FUTURE LOTS SHALL BE PLATTED IN A CONSERVATION EASEMENT. 2. ALL LOTS IMPACTING THE AE FLOOD HAZARD AREAS WILL REQUIRE AN ELEVATION CERTIFICATE UPON TIME OF PERMITTING. 3. THERE WILL BE NO UNPERMITTED DISTURBANCE IN THE WETLANDS. 4. THERE WILL BE NO UNPERMITTED DISTURBANCE WITHIN THE BLS BUFFER. BOHLER" ENGINEERING NC, PLLC 401W STCHAg�S 8LL11W1133255UIT PNON�: (819151&8000 d-(11,4 3.2855 THE INFORMATION, DESIGN AND CONTENT OF THIS MN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM BOHLER ENGINEER NG. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES. 0 BOHLER ENGINEERING 2017 HOMES LOCATION MAP ENVIRONMENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 PHASE 11 SITE DATA SITE AREA: (AC.) ZONING: WATERSHED: WATERSHED CLASSIFICATION: FLOOD ZONE CLASSIFICATION: FEMA MAP NUMBER: MAP DATE: PROPOSED # OF LOTS PROPOSED DENSITY: PERCENT PROP. IMPERVIOUS: (%) PIN# 0662-56-1185 PIN# 0662-36-4167 PIN# 0662-45-2579 PIN# 0662-17-8171 PIN# 0662-07-1679 PIN# 0662-08-0765 Total = ±301.7 AC RA -30, CONS NEILLS CREEK (CAPE FEAR) WS -IV ZONE AE 3720066200J 10/03/2006 366 1.22 DUA 38.67 AC / 301.7 AC = 12.82% 11/05/18 NCR172033 1000 500 250 0 1000 1"=1000 COVER SHEET SHLLT10P9 1(j - 1 �, / WETLAND WZ < � //�\ WETLAND WY::' :....• �o► .-'.:-:-:WETLAND WG���/\ 8 / ::. • :.... . :.: WETLAND WI " . ........ ........... IMPACT AREA_A/-B/H------ = � / :::•::_tWETAND WA ........ P r i :...:.:: /A4 LO go 0,38, J70 SF �. FLAGGED WFTLAIVDS AA'EA LEGEND PROPERTY LINE PHASE LINE WETLANDS BOHLER UA ENGINEERING NC, PLLC NCBELS P-1132 4011 WESTCHASE BLVD.. SUITE 290 PHONE: (919)578-9000 FAX:(919)703-2665 THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM BOHLER ENGINEERING. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES. © BOHLER ENGINEERING, 2017 IMPACT AREA G WETLAND W0� )� 1 a PHASE III LV � WETLAND WMA � O o � < \ D LO WETLAND WF HOMES RAND VVF WETLAND PHASE II WETLAND WT IMPACT AREA D I IMPACT AREA E PHASE I , \WETLAND M WETLANDWX • \ J 11 I� i ENVIRONMENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 IMPACT AREA F IMPACT AREA C N 11/05/181 NCR172033 N 500 250 125 0 500 1 "= 500' v9 E OVERALL IMPACT MAP s 1,HEET201;9 WETLAND WY WETLAND WZ. a 0 a 1 F !► t r r/ t t t r r r r r IF IF LEGEND r t t • r IF PROPERTY LINE t r t r y r • ' y \ / PHASE LINE r t r • y �. ` � t t t r r r � r , , + ♦ \\ / l � / - - WETLANDS t + r r r WIT6AN®WA==,,., t t t r • + , + ♦ +, \ / `' CONVERSION IMPACT AREAS r r t t t t r r • r r r r ♦ m \ / � WETLAND r r r • ♦ ' ♦ � / � r r y • ♦ r y � 5 t ♦ r r y +' r + ' y v < \ / / PERMANENT IMPACT AREAS r y r • , 2 �' r r r ♦ ' o � / t y • • ' ♦ + ♦ ♦ / / WETLAND y r y y r ♦ r r + ♦ 'STREAM UNDERNEATH AERIAL WETLAND STREAM + y CROSSING, CONTRACTOR INSTALL TEMPORARY CONSTRUCTION CORRIDOR / // ' � TIMBER MAT FOR CONSTRUCTION + ♦ + + • ♦ 'ACCESS. TO BE REMOVED ONCE + + LOCATION B 5 \ + LOCATION A � • COMPLETED. / + s r PROP. DIP SANITARY (W-3) (W-2) +\ ' I r • SEWER AERIAL ♦ i i r \ r r r CONSTRUCTION IMPACT AREAS • PERMANENT CROSSING WITH 20' + / / 6 + \ ♦ + ' • ' H•PILE PIER • HCDPU EASEMENT ` ♦ + + • ♦ JURISDICTIONAL / \ + r TEMPORARY •', y (W 4) + (W-5) WETLANDS AREA / r y \ ' + CONSTRUCTION IMPACT + y r + + 5 / ' y ♦ • AREAS r X---i-XX XX XX = XX -/ 5 + ♦ y + ' ♦ • I/ ' y • \ r ' ♦ NOTE: t+ y, MAINTENANCE CORRIDOR WIDTH IN BUFFERS g S ,S Sy 5-- -r ; -S S y S S ® + r SECrj + + ' NOT TO EXCEED 10'. 70 _� + + ♦ r WlprN �N30 y r 4,1 r +1 + SEEN, NoIF y r + .'r ♦ y V y • r r r y r y ��, r y • r ' y r • + • y r r y r y r r r TEMP. STRAW WATTLES FOR ♦ r + + y LOCATION H EROSION CONTROL r y ' r (REFER TO DETAIL SHEET) + s ' y r (W-1) ' + r y IF r • r r ♦ ' y r • r + WETLAND WA—/' y ♦ y r r BOHLER ENGINEERING NC, PLLC NCA 81109 PH&WEST NA BkAlf�1818)16128fi5 �1A . NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN IS AUTiORWM]N FROMSMALLRWER HOMES ENGINEER'-.NGONLY APPROVED. SIGNED AND SEALED PLANS SMAU BE UTILUEEO FOR CONSTRUCTION PURPOSES, 0 SOHLEN EN014EERIM 2017 LOCATION r r r y y r r ♦ ♦ y r r r ' • y r ' r r ' r y ♦ • + IMPACT TYPE WETLANDS IMPACT A CONVERSION (SAN, EASEMENT) 0.01 AC (237 SF) B PERMANENT (H -PILE PIERS) 0.00 AC (10 SF) B CONVERSION (SAN. EASEMENT) 0.12 AC (5,186 SF) B CONSTRUCTION (40' TCE) 0.12 AC (5,340 SF) H CONVERSION (SAN. EASEMENT) 0.00 AC (37 SF) IF y ENVIRONMENTAL IMPACT MAPS 11/05/18 1 NCR172033 50 25 12.5 0 50 ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 IMPACT AREA A\ AI. im LEGEND PROPERTY LINE PHASE LINE ROP. SHOREBLOCK EPEC SD475 (S-2) HARD ARMOR REINFORCEMENT / I / I `, - WETLANDS - PERMANENT IMPACT AREAS i I - - j STREAM (CULVERT) TEMPORARY IMPACT AREAS I l I STREAM STABILIZATION i I I � I � USGS BLUE LINE -- --- STREAM I j j 1 TX8' CONCRETE BOX CULVERTS BURIED 1' BELOW EXISTING GRADE TO ENSURE AQUATIC PASSAGE S-1 j '-=- --- 30' HARNETT COUNTY STREAM BUFFER 4 �`- 30' HARNETT COUNTY STREAM BUFFER -- _ ir _ TS 13-S �-=' S S S S S S SS S/ :� S S -=-S _ CONTRACTOR TO PERFORM WORK DURING DRY CONDITIONS IF AVAILABLE. 1.- � � - W WHEN NOT AVAILABLE, OR WHEN STREAM IS ACTIVELY FLOWING, N " W W W=�- �W-�-N CONTRACTOR SHALL UTILIZE A TEMPORARY STREAM PUMP AROUND W W W W (SEE DETAIL 4000.28) LOCATION IMPACT TYPE TEMPORARY PERMANENT C STREAM (CULVERT) 146 LF C STREAM STABILIZATION 85 LF ENVIRONMENTAL IMPACT MAPS 30 15 7.5 0 11/05/18130CR172033 BOH LERIII ENGINEEggRIggNyG NC, ISLLC CIJIT�0&65 , ATHERSTONE SUBDIVISION '� 1"=30' (8 PNONI:: (S 1 b &ROWPkAX: 181 # THE INFORMATION, DESIDN AND CONTENT OF THIS PLAN ARE PROPRIETARY5135 STATE HIGHWAY 210AND SMALL NOT BE ������ ���� COPIEDINEER USED NPORANVPPRP08EWIGNED PRIORWRITTEN LEDPLANS SHALL BE ON FROM BONIER HOMES ANGIER, NC 27501 ENGINEERING ONLY APPROVED, 810NE0 AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES, OBOHLERENOINEERING,7017 SHI•l"C4UF9 — L' wo BOHLER ENGINEERING NC, PLLC y NCBE g8�1y1p32g T��p PNONE��A19gw FNC:�Ig19110.T�2Eb5 THE INFORMATION, DESIGN AND CONTENT OF THIS PLM! ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM SONLER ENGINEERING. ONLY APPROVED, SIGNED AND SEALED PUNS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES. 0 SCHLER E1474E€RING,1017 ENVIRONM L41 HOMES i I PROP, SHOREBLOCK EPEC SD475 OCT HARD ARMOR REINFORCEMENT (s4) - - -- r I i r I ENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 LEGEND PROPERTY LINE PHASE LINE - - WETLANDS PERMANENT IMPACT AREAS I ISTREAM (CULVERT) TEMPORARY IMPACT AREAS STREAM STABILIZATION LOCATION IMPACT TYPE TEMPORARY PERMANENT D STREAM (CULVERT) 106 LF D STREAM STABILIZATION 40 LF iI I i I` ENVIRONM L41 HOMES i I PROP, SHOREBLOCK EPEC SD475 OCT HARD ARMOR REINFORCEMENT (s4) - - -- r I i r I ENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 LEGEND PROPERTY LINE PHASE LINE - - WETLANDS PERMANENT IMPACT AREAS I ISTREAM (CULVERT) TEMPORARY IMPACT AREAS STREAM STABILIZATION LOCATION IMPACT TYPE TEMPORARY PERMANENT D STREAM (CULVERT) 106 LF D STREAM STABILIZATION 40 LF 11/05/18 1 NCR172033 30 15 7.5 0 30 1 "= 30' \p IMPACT AREA D SHEE,I'S 01`9 Wj BOHLER EN(iINEERINf} NC, PLLC yyyy�� N�pCH�B@ggL��S R`1�1p�2S PHO N (91M) 7&A000a FhY'�'c9�B)i0�1B8s THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM ROKER HOMES ENGINEER NG. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES, 0 SOHLER ENGINEERING, 2017 ENVIRONMENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 LEGEND PROPERTY LINE • PHASE LINE WETLANDS PERMANENT IMPACT AREAS WETLAND CONSTRUCTION/CONVERSION IMPACT AREAS WETLAND LOCATION IMPACT TYPE WETLANDS IMPACT E PERMANENT (ROADWAY) 0.09 AC (3,804 SF) I I // I / II ( I ( 1 Wj BOHLER EN(iINEERINf} NC, PLLC yyyy�� N�pCH�B@ggL��S R`1�1p�2S PHO N (91M) 7&A000a FhY'�'c9�B)i0�1B8s THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM ROKER HOMES ENGINEER NG. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES, 0 SOHLER ENGINEERING, 2017 ENVIRONMENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 LEGEND PROPERTY LINE • PHASE LINE WETLANDS PERMANENT IMPACT AREAS WETLAND CONSTRUCTION/CONVERSION IMPACT AREAS WETLAND LOCATION IMPACT TYPE WETLANDS IMPACT E PERMANENT (ROADWAY) 0.09 AC (3,804 SF) 11/05/18 1 NCR172033 30 15 7.5 0 30 1"=30' IMPACT AREA E ;HEE'F 6 OF 9 LV BOHLER ENGINEERING NC, PLLC THEY �gp PNON��IQ1Si880W fA7t'(9t917Gi3B65 THE INFORMATION, DESIGN AND CONTENT OF THIS PUN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHOWATION FROM SOHLER ENGINEER NO, ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES ®111 ENGINEERING. 2097 i 30' HARNETT COUNTY STREAM BUFFER / 30' HARNETT COUNTY STREAM BUFFER i 1 / STREAM HOMES CONTRACTOR TO INSTALL SANITARY SEWER THROUGH OPEN CUT METHOD CONTRACTOR TO PERFORM WORK DURING DRY CONDITIONS IF AVAILABLE. WHEN NOT AVAILABLE, OR WHEN STREAM IS ACTIVELY FLOWING, CONTRACTOR SHALL UTILIZE A TEMPORARY STREAM PUMP AROUND (SEE DETAIL 4000.28) (S5) i 1 TEMPORARY I 1 20 LF 1 I I ENVIRONMENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 LEGEND PROPERTY LINE PHASE LINE WETLANDS TEMPORARY CONSTRUCTION IMPACT AREAS WETLAND NOTE: MAINTENANCE CORRIDOR WIDTH IN BUFFERS NOT TO EXCEED 10'. LOCATION IMPACT TYPE TEMPORARY F TEMPORARY (SANITARY EASEMENT) 20 LF 11/05/181 NCR172033 30 15 7.5 0 30 1 "= 30' IMPACT AREA F SHEET 7 OF 9 7 4' O.C. TYP. ® 2' FLOW FLOW OVERLAP ENDS PLAN VIEW AEC PREMIER STRAW WATTLE OR EQUAL N/ . STAKE WITHIN 2' OF 24" MIN. STAKE SOIL DEPTH APPROVED SEDIMENT FILTERING DEVICE (SEDIMENT FILTER BAG). PROVIDE POSITIVE DRAINAGE FROM SEDIMENT FILTER BAG TO STREAM. DISCHARGE ONTO STABLE RIPRAP PAD TO PREVENT SCOUR HOLE FLOW - SEDIMENT - _ DIKE-, STAKE TYPICAL STAKING PATTERN Smoothly blend contact area_ I� STRAW WATTLES V-shaped Riprap Channel Trapezoidal Riprap Channel — Design top width Design depth 21 Fabric or tilter'layer Finished channel cross-section IIS Subgrade excavation Fi ter fabric or aggregate filter Figure 6. Typical riprap-lined channel cross-sections. (Source: Ref. 1) ® BOHLER ENGINEE]UNG NC, PLLC NCBELS P-1132 4011 WESTCFVSEBLVD.. SUITE 290 PHONE: (919) 578-M FAX: (919) 703-2665 THE INFORMATION, DESIGN AND CONTENT OF THIS PIAN ARE PROPRIETARY AND SHALL NOT BE BOHLER COPIEDUSEOFENGNEERING HOMES OONLY PROVED, SIGNED AND SEALED PIANS SHALL BE UTILIZEDIFOR CONSTRUCTION PURPOSES. ® BOHLER ENGINEERING, 2017 'E DACE TEMPORARY PUMP AROUND S 0 NCE 1. SET UP PUMP WITH SUCTION AND DISCHARGE HOSE. 2. INSTALL UP -STREAM SANDBAG DAM. 3. INSTALL DOWN -STREAM SANDBAG DAM. 4. THE PUMP MUST RUN CONTINUOUSLY WHILE WORKING IN THE STREAM. 5. STREAMBANKS MUST BE STABILIZED AT THE END OF EACH DAY, NOTES: 1. SANDBAG DIKES SHALL BE SITUATED AT THE UPSTREAM AND DOWNSTREAM ENDS OF THE WORK AREA, AND STREAM FLOW SHALL BE PUMPED AROUND THE WORK AREA. THE PUMP SHOULD DISCHARGE ONTO A STABLE VELOCITY DISSIPATER CONSTRUCTED OF RIPRAP OR SANDBAGS. 2. WATER FROM THE WORK AREA SHALL BE PUMPED TO A SEDIMENT FILTERING MEASURE SUCH AS A SEDIMENT BAG OR OTHER APPROVED DEVICE. THE MEASURE SHALL BE LOCATED SUCH THAT THE WATER DRAINS BACK INTO THE CHANNEL BELOW THE DOWNSTREAM SANDBAG DIKE WITHOUT CAUSING FURTHER EROSION BETWEEN THE SEDIMENT FILTER BAG AND THE STREAMBANK. N.T.S. ENVIRONMENTAL IMPACT MAPS ATHERSTONE SUBDIVISION 5135 STATE HIGHWAY 210 ANGIER, NC 27501 11/05/18 1 NCR172033 DETAIL SHEET SHEFT9OF9