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HomeMy WebLinkAbout20040736 Ver 1_Complete File_20040506; 'V A7F Michael F. Easley, Governor William G. Ross Jr., Secretary d N D t f E i t t l R N h C t li ort na epar men o nv ronmen an a ura esources aro _ Alan Klimek, P.E., Director CD `? Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 17, 2004 DWQ # 04-0736 Franklin County CERTIFIED MAIL - RETURN RECEIPT REQUESTED North Wake Properties, LLC Attn: Eddie Speas 7612 Literary Lane Wake Forest, NC 27587 Subject Property: Shartree Farms Subdivision Dear Mr. Speas: On Mayl 6, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of constructing a subdivision in Franklin County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ #!listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. 1. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on a map at a scale of 1 "=50'. 2. Please indicate all buffer impacts on the site plan. 3. Please provide cross section details showing the provisions for aquatic life passage. 4. ! Please indicate the diffuse flow provision measures on the site plan. 5. This Office believes that the road crossing labeled on the plans as "site 3" can be moved or reconfigured to avoid the impacts to the stream and buffers. Please revise the plans to avoid the impacts. Tease telephone Debbie Edwards at 919-733-9502 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .10505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely, eOWaiter omey Quality Ce 'fication Program JRD/bs, cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy :David LaTowsky, Armstrong Environmental, 4011 West Chase Blvd, Suite 110, Raleigh, NC 27607 N. C. Division of Water Quality, 401 wetlands Certification unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.ustncwetlands) Customer Service #: 1-877-623-6748 WARD & ASSOCIATES, PLLC d_t CIVIL ENGINEERS, SURVEYORS, LAND PLANNING } - 122 N. SALEM ST. STE 201, APEX, NORTH CAROLINA 27502 PHONE (919) 367-7858 FAX (919) 367-7833 N.C.Division of Water Quality 401 Wetlands Certification Unit. 1650 Mail Service Center Raleigh, NC 27699-1650 June 2. 2004 RE::DWQ # 04-0736 Shartree Farms Subdivision ;Franklin County, North Carolina To Debbie Edwards: WETLANDS 1401 GROUP JUN 0 7 2004 WAM "LIT Y SECTION On May 20, 2004 we received your letter concerning approval from DWQ. for compliance with 15A!: CNAC 2H.0500, which had several requirements and suggestions. We are in the process of designing the roads and crossings at this time. We have not finished our design and would like an extension to the initial 3 weeks originally allocated for a response. Please keep this application open. All required information for compliance will be submitted within 30 days. Thank you for your cooperation in this matter. Sincerely, 'p, Glenn D. Ward, P.E. Cc:? Eddie Speas David LaTowsky, Armstrong Environmental,4011 West Chase Blvd, Suite 110, Raleigh, NC 27607 06?104i12004; 19:44 9193677833 WARD&ASSOC; I WARD & ASSOCIATES, PLLC CIVIL ENGINEERS, SURVEYORS, LAND PLANNING 122 N. SALEM ST. STE 201, APEX, NORTH CAROLINA 2;502 PHONE (919) 367--7858 FAX (919) 367-7833 N.COvision of Water Quality 401 !Wetlands Certification Unit. 1650 Mail Service Center Raleigh, NC 27699-1650 June 2, 2004 RE: DWQ # 04-0736 Shartree Farms Subdivision Franklin County, North Carolina To Debbie Edwards: PAGE 01 On May 20, 2004 we received your letter concerning approval from DWQ for compliance with 154, CNAC 2H.0500, which had several requirements and suggestions. We are in the process of designing the roads and crossings at this time. We have not finished our design and would like an extension to the initial 3 weeks originally allocated for a response. Please keep this application open. All required information for compliance will be submitted within 30 days. Thank you for your cooperation in this matter. Sii}cerely?? Glenn D. Ward, P.E. Cc: Eddie Speas David LaTowsky, Armstrong Environmental,4011 West Chase Blvd, Suite 110, Raleigh, NC 27607 !JUN-3-2004 THU 19:13 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 FROM Ar1MONS4 I TTMAN NEW HOMES FAX NO. 19195703092 North Wake Froperdes, LLC 7612 Literary Lane Wake Forest, NC 27587 1 9 Jun. 07 2004 09:33AM P2 June 7, 2004 John Dorney NC Division of Water Quality 401 Water Quality Certification Program 2321 Crabtree Blvd. Raleigh, NC 27604 Subject Property: Shartree Farms Subdivision, DWQ #04-0736, Franklin County Mr. Dorney, North Wake Properties, LLC is continuing to work on the Shartcee Farms project. Please do not withdraw our application. We are working with our surveyor and our environmental consultants to bring our project into compliance. Sincerely, Eddie Specs Massager, North Wake Properties, LLC JUN-7-2004 MON 08:35 TEL:9197336893 NAME:DWO-WETLANDS P. 2 ARMSTRONG Environmental, P.C. May 4, 2004 401 /Wetlands Unit Water Quality Section Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Reference: Pre-Construction Notification Section 401- Water Quality Certification #3362 Proposed Shartree Farms Subdivision State Road 1001 Franklin County, North Carolina Dear Mr./Ms.: 040736 WETLANDS/ 401 GROUP MAY 0 6 2004 WATER OUALtTY SECT"q On behalf of North Wake Properties, LLC (North Wake Properties), ARMSTRONG Environmental, P.C. (Armstrong) is submitting (7) seven copies of the enclosed Pre-Construction Notification (PCN) with attachments and an application fee of $475 for the proposed Shartree Farms project. North Wake Properties seeks a 401 Water Quality Certification #3362 (401 Certification) in order to impact 0.29 acres of jurisdictional riparian wetlands and 210 feet of stream channel on the 158+-acre tract located just west of Bunn in Franklin County in the Tar- Pamlico River Basin (Tar-Pamlico Basin). The PCN with attachments has been submitted to Kevin Yates of the U.S. Army Corps of Engineers, Raleigh Regulatory Field Office for a Nationwide Permit 39. The attachments to each copy of the PCN are i) a Site Vicinity Map (Armstrong's Figure 1); ii) a Site Soil Map (Armstrong's Figure 2); iii) one copy (24x36-inch) of the Site Plan prepared by Ward & Associates, PLLC; iv) three Data Forms (Routine Wetland Determination) for sampling locations Wl, W2, and Ul; v) a Photograph & Wetland Sampling Location Map; vi) a Photographic Document of the Riparian Wetlands (Photo Document); and vii) a copy of the Conservation Easement Option Agreement between North Wake Properties and the state of North Carolina. The Site Plan shows the proposed subdivision roadways and lots, the streams and delineated wetlands, the 50-foot perennial stream buffers required in the Tar-Pamlico Basin, and the locations of the five proposed stream/wetland/buffer impacts. The Photo Document contains photos of the 2"d Order stream corridor that bisects the property from northeast to southwest. Taken during dormant season conditions in December 2003, the photos show areas of impact from prior agricultural land-use along segments of the corridor. 4011 WestChase Boulevard, Suite 110 Tel 919/838-9933 Raleigh, North Carolina 27607 Fax 919/838-9931 E-mail armgeoeng@mindspring.com www.armgeoeng.com North Wake Properties has developed a Site Plan that minimizes stream/buffer/wetland impacts while maintaining the financial viability of the project. Impacts occur at only five subdivision road crossings where riparian wetlands narrow, and the Site Plan precludes any additional impacts to access buildable areas on lots. To mitigate the impacts, North Wake Properties is implementing a comprehensive plan that significantly and proactively exceeds the mitigation requirements for the proposed stream/buffer/wetland impacts. The principle elements of the mitigation plan include a Conservation Easement (CE) to be granted by North Wake Properties to the state of North Carolina and the gift-donation of an approximately 6-acre parcel that includes a segment of Yd Order stream and associated riparian wetland and buffer. The CE includes approximately 85% of the nearly 40 acres of riparian wetland and buffer area, and, in most areas, is the wider of the wetland delineation or the 50-foot buffer. The CE also includes several acres of former riparian wetlands that were severely impacted by prior conversion to agricultural land-use but are in nascent stages of regeneration. These areas could be classified "non-wetland" and excluded from protection; however, they a critical component of the riparian system that North Wake Properties seeks to protect in the development. Consequently, North Wake Properties respectfully submits the proposed mitigation plan and requests approval of a 401 Certification pending Section 404 permit approval by the USACE. Please contact us if you have any questions or need additional information. Sincerely, ARMSTRONG Environmental, P.C. H. David LaTowsky, P.E. Environmental Engineer Enclosures: (7) Copies of the Preconstruction Notification with Attachments Application Fee cc: Eddie Speas - North Wake Properties, LLC Project No. 03011 2 N. Wake Properties, LLC - Wetlands Permitting ARMSTRONG Environmental, P.C. Office Use Only: A 0 F Version May 2002 USACE Action ID No. DWQ No. ?t (If any particular item is not applicable to this project, please enter "Not Applicable or "N/A".) 1. Processing li. Check all of the approval(s) requested for this project: X Section 404 Permit X Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 ?. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: n 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: E] II. Applicant Information 1. Owner/Applicant Information Name: North Wake Properties, LLC Contact: Eddie Speas Mailing Address: 7612 Literary Lane Wake ForQst, North Carolina 27587 Jelephone Number: (919) 556-2700 Fax Number: (919) 570-3092 F,-mail Address: espeas@an-realtors.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: H. David LaTowsky. P.E. Company Affiliation: ARMSTRONG Environmental. P.C. Mailing Address: 4011 WestChase Boulevard, Suite 110 Raleigh. North Carolina 27607 Telephone Number: (919) 838-9933 Fax Number: (919) 839???'l? ANns 1401 GROUP E-mail Address: armgeoeng@_ min f raring com MAY 0 6 2004 Page 5 of 14 WATER QUALITY SECTION i III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1'. Name of project: Shartree Farms Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 2800-88-5522 4. Location County: Franklin Nearest Town: Bunn Subdivision name (include phase/lot number): Shartree Farms Phases I & II (Lots 1 - 55) Directions to site (include road numbers, landmarks, etc.): From Bunn: west on NC Highway 98 approximately 2 miles to "Five Points"; north on State Road 1001 (Pearces Road) approximately 0.4 miles; entrance to proper on left (west) side of S.R. 1001 5. Site coordinates, if available (UTM or Lat/Long): 35°58'00" N 78°17'45" W 6. Property size (acres): Approximately 158 acres 7. Nearest body of water (stream/river/sound/ocean/lake): 151 and 2"d Order streams traverse property: 2°a Order stream bisects property from northwest to southeast, joins 3' Order stream/swamp that flows along south boundary line from west to east. Yd Order stream is unnamed tributary of Crooked Creek located approximately 1 mile east of the property. 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hltl2://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Property consists of rolling topography (215 to 260 feet above Page 6 of 14 mean sea level) that inc ludes 4+ years fallow pasturage (approx 40% of property), overgrow n evergreen silviculture (approx 10% ) 4+ ye ars re-growth of clear-cut (approx 30% and a dendri tic system of V. 2°a and 3`a Order pe rennial streams with riparian wetlands in various ages of recovery from former agr icultural impacts (approx 20%) Strearn/wetland system extend s across the pro perly from h eadwater seepages between upland knolls down hillside draws to riparian botto mland V and 2°a O rder streams flow from northeast to southwest join m ainstem 2' Ord er stream tha t flows from northwest to southeast and roughly bisects the pr operty. Mainste m 2' Order stream j oins a 3`a Order stream that flows from west to east a s a succession of beaver impo undment s along the south property line A farm pond is on the east side of the property ap proximat ely midway along a 1" Order stream. Ripari an wetlan ds along_mainste m 2°a Order stream were severely impacted by prior agricultural land use b ut show indicatio ns of regen erating. This stream's upper reach is more incised and regene ration of the rip arian wetlan ds along the west side is hindered by thick fescue cover. Stream base-flows. rip arian wetland s, and u pland draws are maintained by persistent lateral- flow around water see paee even during dro ught conditions. Adiacent properties consist of agricultural fields and woodland. lb. Describe the overall project in detail, including the type of equipment to be used: Residential subdivision consisting of single-family homes approx 1.500 to 2,800 square feet on lots r anging from 1 t o 4 acre s: lots will have acce ss to public water (Franklin Co.). electrical service (pad-mo unted tra nsformers). and use se ptic systems for on-site wastewater treatment . Applicant has develope d site plan and identifi ed suitable soil areas on each lot for septic sy stems and plan s to cons truct subdivision roa dways. extend water and electric utilities. a nd sell lots. He avy equip ment (dozers, graders, dump rucks, etc.) will be used for road cons truction. utility e xtensions . and stream/wetland crossings Light duty (Bobcat-type) rubber-tir ed loaders will be used to construct stormwater BMPs including grass-covered swales as level-spreaders for dissip ating runoff from roa dside ditches into sheet flow along edge of b uffer areas. 11. Explain the purpose of the proposed work: To prepare the .property for the sale of individual lots to prospective homeowners: construction of individual residences to be contracted privately by propea owners after purchase of lot. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A Page 7 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1'. Provide a written description of the proposed impacts: Riparian buffers. wetlands, and stream channels will only be impacted by subdivision road/utility crossings at the 5 enumerated locations shown of the attached site plan. The crossings will consist of culverts placed in the stream channel at sufficient depth so as not to change the channel elevation. The site plan precludes any impact to buffers and/or wetlands in order to access it able areas on individual lots. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 clear, fill, grade 0.020 'No Crosses Riparian, fallow pasture 2 clear, fill, grade 0.055 No Crosses Riparian, primary forest 3 clear, fill, grade 0.054 No Crosses source Riparian, primary forest 4 clear, fill, grade 0.075 No Crosses Riparian, primary forest 5 clear, fill, grade 0.087 No Crosses Riparian, fallow pasture List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 1100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hap://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Approx. 36 acres Total area of wetland impact proposed: A..gproximately 0.29 acre Page 8 of 14 3.' Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) I culvert, stabl. 50 1" Ord. UT Crooked Crk 2 foot Perennial 2 culvert, stabl. 50 1" Ord. UT Crooked Crk 2 feet Perennial 3 culvert, stabl. 110 1' Ord. UT Crooked Crk 1.0 foot Perennial, source 4 culvert, stabl. 50 V Ord. UT Crooked Crk 3 feet Perennial 5 culvert, stabl. 50 Ord. UT Crooked Crk 5 feet Perennial a LI CA III III awC; all arc uuualRCU LrWULArICS [nal converge, HOW TO I, rOOKea LreeK ioca[ed approxlmateiy 1 mile east of property. t At this impact site, west side of road crosses source area of stream; consequently, stream channel impact length only 10 feet. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip- rap, danis (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.4sgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toMzone.com. www.rnapquest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 210 feet of right-of-way- 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) i4ist eacn impact separately ana taennry temporary impacts. impacts mctuae, out are not limited to: nu, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation: N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands E] stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Page 9 of 14 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. also protects severely degraded but critical ripari an areas in order to achieve natural regeneration for the system's long-term ec ological integrit y Im pacts to jurisdictional areas (wetlands streamer buffers) are minimize d within the con straints of site topography, dendritic drainages and project financial viability b y: 1 limiting th e number of subdivision road/utility crossings of jurisdictional areas while maint aining access to buildab le areas 2 siting road crossings where riparian wetlands are narrow, 3) siting roads and crossin gs so that access to buildable areas of the lots will not require impact to j urisdictional are as, 4) lo cating lot lines along jurisdictional areas to protect the jurisdictional area s by incoMorating them as natural border zones, and to optimize access and usage of buildable ar eas, 5) planning larger l ots with moderate-sized homes for a low VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 14 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hap://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for ripa rian wetland . buffer, and stream cha nnel impacts will be provided on-site. All of the delinea ted riparian wetlands, buffers. and stream channels will be protected by deed restrictions that will in dicate the wetland and/ or buffer boundaries (which ever is greater). Approximately 85% of the riparian wetlands, buffers, and stream channels will also be protected in per petui by a state-held Conservation Easement (CE). A copy of the si Lied Option Agreement between th e Grantor (North Wake Properties) and the Grantee (State of North Carolina) is attached with this Preconstruction Notification. The Option Agreement includes a copy of the CE docu ment as Exhibit A. Th e CE prohibits all impacts to wetlands, buffers, and stream channels s pecified by the easeme nt, and the easement areas located on individual lots will be recorded on the deeds for those l ots and include all prohibitions against specified impacts. Because the proposed developme nt plan includes maintaining the farm pond, the pond and wetlan d/buffer/stream areas Wgradient are not included in the Conservation Ease ment but wi ll be identified on deeds as protected jurisdictional areas. For mitigation. the designated CE also includes severa l acres of land that extend beyond the regulated buffer zones but cons ist of former riparian w etlands (in particular. along the middle reach and west sid e un12er reach of the 2' Order stream ) that were converted to pasturage and severely impacted by previous livestock agriculture. ( See Photographic Document). Given their condition, t hese areas could justifiably be de termined non-wetland (dense fescue vegetation and pa rtially oxidi zed hydric soils) and e xcluded from protection based on the 1987 USACE Del ineation Ma nual. However, since O ctober 2000, Armstrong has observed that these areas ex hibit persist ent hydrologic conditio ns and, having been fallow for several years, are supporti ng the nasce nt regeneration of hydro phytic vegetation. By including these within the CE. th e applicant is providing critical pro tection that will allow the continued natural regeneratio n of vital ri parian areas. In some of these areas, the EEP may want to apply an herbicide to remove t he fescue vegetation an d allow more rapid reestablishment of hydrQph, is veget ation. In addition, the applicant will gift-donate to the state of North Carolina the 1.83 acres of wetland on the east side of State Road 1001 in the southeast corner of the property and Page 11 of 14 approximately 5 acres of stream/swamp/wetland immediately west of State Road 1001 (both are portions of 3`d Order stream/swamp along the south property line), The applicant will also 1)12ay for removal of the existing in-stream culvert near the bottom of the 2nd Order stream and removal of the nearby abandoned culvert lying in the riparian area and twill donate 1,000 bald cypress (taxodium distichum) for riparian bottomland restoratim planting along the 2nd Order stream. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at httg://h2o.enr.slate.nc.us/wM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IIX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federaUstate) land? Yes ? No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide Justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 12 of 14 Rjegional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 134-i;T04C 213 0233 (Meuse), 15A NCAC 2B .0259 (Tar-PamliW, 1-3A NG AG2B .0250 fftaadlenwa Rules and , or other (please identify, )? Yes X No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 15,000 3 45,000 2 10,000 1.5 15,000 Total 60,000 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Wetlands, buffers. and stream channels that will protect jurisdictional areas against impacts in perpetuity. Jurisdictional areas not located within the designated CE will be protected by deed restrictions that will identify the jurisdictional areas on individual deeds. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Ex =t for four small outbuildings and an abandoned mobile home (all to be removed by applicant), no existing impervious surfaces currently exist on the 158+-acre site. Development of the subdivision will result in impervious surface area of Page 13 of 14 XII. Sewage Disposal (required by DWQ) 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. Each residential pro gdy will have sufficient land area of suitable soil to provide the nitrification area and a repair area for an on-site septic system designed for the treatment and non-discharge of wastewater from a 3-bedroom house. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes F-1 No X Is this an after-the-fact permit application? Yes F? No X W. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). NIA Y- 7- oY Applicant/Agent!s/fiignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties, LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No_X_ Community ID: Fooodplain Is the site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is the area a potential problem area? Yes Nom Plot ID: W1 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum indicator 1. saltix niQra Wu OBL 9. peltandra virginica H U OBL 2. acer rubrum V-ru FAC 10. 3.cgphalanthus occidentalis Wu OBL= 11. 4. sambucus canadensis W _ FACW- 12. 5. alnus serrulata W FACW+ 13. 6.iuncus effusus HU FACW+ 14. 7. saururus cernuus HU OBL 15. 8. 1 U FACW+ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Sample plot Wl is located on the west side of the 2' Order stream in a broad riparian-zone floodplain. While farmed, the floodplain had been cleared, partially drained, and planted with fescue for livestock pasturage severely impacting the riparian wetland. However, after approximately 5 years fallow, hydrophytic vegetation is stabilizing the streambanks and slowly reclaiming the floodplain. In plot Wi, geater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Woody vegetation overstory is absent; a primary growth stage woody understory is sparse in the floodplain and dense along the stream channel; the herbaceous vegetation is currently the dominant stratum. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other * x Inundated (moderately at times) _?L--Saturated in Upper 12" No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: *1-2 (i-2 (in.) Secondary Indicators: -X- Oxidized Root Channels in Upper 12" . Depth to Free Water in Pit: -I (in.) Water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: 0 (in.) FAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% sl=s Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup): Chewacla: fluvaquentic dystrochrents Confirm Mapped Type? Yes X No Taxonomy (Subgroup): Wehadkee: Jpic fluvaquents Confirm Mapped Type? YesX No Profile Descri to ion: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance(Contrast Structure, etc. 0-11 A 10YR 5/2 sandy silt 11-23 B 5Y 5/1 5YR 4/4 sil clay Hydric Soil Indicators: Histosol Concretions Histic Epipedon , High Organic Content in Surface Layer in Sandy Soils •Sulfidic Odor _2L_Organic Streaking in Sandy Soils X Aquic Moisture Regime x Listed On Local Hydric Soils List Reducing Conditions X_Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Several areas in the floodplain, the Wehadkee soils are overlain with apparent erosion deposition of sandy material from the Wedowee soils of the adjacent hillsides. Furthermore, in the northern section of the broad floodplain where the 2" a Order stream has become more incised, the soils indicate conditions that were formerly hydric, but, due hydrologic changes from converting large areas to pasture, have become aerobic and eroded. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes -X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yeses No Hydric Soils Present? Yes X No Remarks: Sample plot W l is in broad floodplain area that had previously been cleared of woody vegetation and converted to pasturage and the stream moderately channelized during previous property ownership. The land use for livestock pasturage severely impacted the broad riparian wetland; however, is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / SftB: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No X Community ID: Wetland is the site significantly disturbed (Atypical situation)? Yes_X_ No Transect ID: Is the area a potential problem area? Yes No_X_ Plot ID: W2 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. sa ix 'g_ra WO OBL 9. 2. ma o i virginiana CVO FACW+ 10. smilax laurifolia Vine FACW+ 3. liquidambar stvraciflua YIU FAC+ 11. 4. arun inaria gigantea Ar? FACW 12. 5._iuncus skc. U _ FACW 13. 6. iratiens canensis F FACW 14. nerus odoratus H FACE 7. cv 15- _ 8. m=dann. keisak HU OBL, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Greater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot located in proposed subdivision lot no. 22 in moderately disturbed hillside draw where persistent ground water seepage gives rise to a V Order stream; woody overstory dominants include mature black willows and several lar a sweet bays. HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: 8 (in.) Depth to Saturated Soil: ___2_(in.) Wetland Hydrology Indicators Primary Indicators: Inundated x Saturated in Upper 12" _ Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: _x Oxidized Root Channels in Upper 12" • Water-Stained Leaves x Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Seepage stream is identified as intermittent on USGS quadrangle; however, even during drought conditions in October 2000, seepage exhibited persistent flow. Due to immediately adjacent pasturage land use, hydrological effect caused nearby stream channel to become incise; otherwise, depth to free water in pit would likely be less than 8 inches. SOILS Map Unit Name ;(Series and Phase):Chewacla-Wehadkee 0-3% slopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup):Chewacla: fluvaquentic d ochrepts Confirm Mapped Type? Yes__X No Taxonomy (Subgroup):Wehadkee: Wic fluv aquents Confirm Mapped Type? Yes X No Profile Descri t° ion: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (Inches) Horizon (Munseil Moist) (Mun sell Moist) Abundance/Contrast Structure. etc. 0-8 A 2.5Y 3/1 silty sand 8-24 B 2.5Y 4/1 24- C 5Y 6/1 sandy clay sand Hydric Soil Indicators: Histosol Concretions x Histic Epipedon x High Organic Content in Surface Layer in Sandy Solis •Sulfidic Odor Organic Streaking in Sandy Soils • Aquic Moisture Regime x Listed On Local Hydric Solis List x Reducing Conditions x Listed on National Hydric Soils List • Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION HydrOphytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yeses No Hydricc Soils Present? Yes X No Remarks: Location W2 is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner:_ North Wake Properties. LLC County: _ Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No X Community ID: Upland Is the site significantly disturbed (Atypical situation)? Yes X No Transect ID: Is the Area a potential problem area? Yes No_2L_ Plot ID: Ul (explain on reverse if needed) VEGETATION Domin nt Plant Soecies Stratum Indicator ' Dominant Plant Species Stratum indicator 1. ouercus alba WO FACU 2. li odendron aWpifera WO FAC 3. c=a tomentosa WO FACU 4. juninerus virginiana W U FACU_ 5. sinus taeda WU FAC 6. ile, L paca V ;U C_ 7. _HU FAC- 9. rubus betulifoia H FAC 10. lespedeza snc. H U FACU 11. 13. smilax rotundifolia Vine FAC 14. 15. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15% Remarks: Few of the species are classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was on a hill at the edge offormer livestock pasturage area in proposed subdivision lot no. 13; woody overstory dominants were mature and young white oak and tulip trees, several young cedars dominated 'HYDROLOGY ed Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: >24 (in.) Depth to Saturated Soil: > 24 (in.) Wetland Hydrology Indicators Primary Indicators: Inundated Saturated in Upper 12" Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Root Channels in Upper 12" _ Water-Stained Leaves Local Soil Survey Data _ FAC-Neutral Test _ Other (Explain in Remarks) Upland area SOILS Map Unit Name (Series and Phase): Wedowee sandy loam 2- 6% sloggs Drainage Class: Well Drained Taxonomy (Subgroup): tMk kauhalpludul ts Confirm Mapped Type? Yes-No Taxonomy (Subgroup): Confirm Mapped Type? Yeses No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (M unsell Moist) Abundance/Contrast Structure, etc. 0-2 A 2.5Y 5/4 _ sit sand 2_8 BE 10YR 7/6 sandy clayey silt 8-1 B1 10YR 6/5 5YR 5/8 10% clayey silt 12-22 B2 7.5YR 6/6 5YR 5/8 30% silly clay with sand Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes Nom Hydric Soils Present? Yes No Remarks: Location U1 is classified as upland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. t wec ;V.. i Scale: 1" = 2000" Figure 2: Site Soil Map Soil series map courtesy of Proposed Shartree Farms Subdivision Franklin County Soil Survey State Road 1001 Franklin County, Bunn, North Carolina ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: April 6, 2004 . Approved by: /,< LA Date: 4?/6/d ,? • 'f r - j(d r? - ?1..? # B 18b] Site, j I, i-, r - - I f.-Y? t I r i ?Al fA, l ( u fizm r\ i , 750 Ir l.'f 2 1. ' L...-.,•?; r , ,ry 2z , C i ?1 l ?, r w , J 5?^ ?? J?? ??' u i C ??Oy Ii C ll, 4• 'Prue Pori 1, q? Bunn ,. , ? r ' , ?`_A J f t t ( a ?? ? ''? ° '?• 275 .? C-C14n ( Sta`Cs, ?_, ? ? ",ooh' ,) ??`?,? 9 •• ??•, ?`? -. t ?? f v N _ If rs?rt L a i x 00 V • ?` I - - - , MN UN ?i 89 MILS'' 28 MILS Figure 1: Site Vicinity Map J Proposed Shartree Farms Subdivision State Road 1001 (,M (,R.I; 1c,73 MA,}NI Franklin County, Bunn, North Carolina OE. (, k INAII('1N AT ;.I Nff.R (-? `-BFI BUNN WEST QUADRANGLE NORTH CAROLINA 7.5 MINUTE SERIES (TOPOGRAPHIC) Scale: 1" = 2000' Contour Interval = 10' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: May 19, 2003 Approved by: M N&? Date: S -2!W- 03 STATE OF NORTH CAROLINA COUNTY OF CONSERVATION EASEMENT OPTION AGREEMENT SPO File Number Project Name THIS OPTION AGREEMENT (this "Option Agreement"), made and entered into this 5- day of r 2004, by and between North Wake Properties, LLC consisting of Edwin M. Speas, III, Member/Manager, 50% individual interest, and Timothy B. Keith, Member/Manager, 50% undivided interest, hereinafter, ("Grantor"), and the State of North Carolina, a body politic and corporate, and its successors and assigns ("State"). WITNESSETH in consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the Statel, and its successors and assigns, the exclusive right and option (the "Option") to be granted a conservation easement (the "Easement"), on certain sections of real property owned by Grantor. The parent property that will be subject to the Easement is identified as Deed Book 1375, Page 249, Franklin County Registry. It is understood and agreed that real property to be subject to the Easement shall be more exactly and precisely determined by a metes and bounds description and a survey. Description shall be subject to the approval of Grantor and Grantee (such property the "Easement Property"). The Easement Property is presently represented and approximated as shown on an unrecorded plat as provided by Grantor and titled "Wetland Easement Map, Shartree Subdivision". Ward & Associates, dated February 25, 2004. Areas as depicted on said plat may be amended or modified at the mutual agreement of Grantor and Grantee. The following terms, provisions, and conditions are further agreed to: 1. OPTION PERIOD. This Opt' all remain in effect and the Option shall be exercisable from the at atl}?t ment has been executed by the Grantor until the 1St day of e p ton shall be exercised by posting notice to the Grantor at the following address: Exercise of the Optio hall erred timely if such written notice is mailed on or before ^ -?' 1, 2006 y(r &-A 4:,. i, .too y 2. PURCHASE PRICE. The purchase price shall be $3,500.00 (THREE THOUSAND FIVE HUNDRED DOLLARS) per acre subject to survey. 3. EXECUTION. A conservation easement agreement in the form attached hereto as exhibit "A" granting the Easement shall be executed and delivered within 60 days following the exercise of the Option. 4. SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final description of the Easement Property is subject to final description and survey to be mutually approved by Grantor and Grantee and that the costs of obtaining said description and survey will be paid by the State. 5. DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a Easement in the form attached hereto as Exhibit "A", and any other documents necessary to grant the Easement in accordance with the terms of this Option Agreement. These documents will be prepared at the expense of the State. 6. MISCELLANEOUS CLOSING EXPENSES. The State will pay all charges arising due to the execution or recording of the Easement. 7. CONDITION OF PROPERTY/ RISK OF LOSS. In the event of any adverse change in the condition of the Easement Property prior to exercise of the Option, whether said change is caused by Grantor or by forces beyond Grantor's control, the State may elect a) not to exercise the Option or b) to exercise the Option and take its interest in the Easement Property subject to such change in condition. 8. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State, the State may elect to refuse to accept the Property. 9. REMEDIES. In addition to any other remedy specifically set forth in this Option, the State has the right to enforce the provisions of this Option through an action for specific performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 10. BINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor's heirs, executors, administrators, successors, and assigns. 11. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written agreement. No representation on promise not included in this Option shall be binding upon the parties. 12. NO WAIVER. No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13. ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursuant to this Option. 2 IN TESTIMONY THEREOF, the parties have hereunto set their hands and seals, or if corporate have caused this instrument to be executed in their corporate names by their duly authorized representatives as of the dates indicated below. For North Wake Properties, LLC Gra By: - Edwin M. Speas, III, Memb r/Manager Grantor B Timothy B. Keith, Member/Manager 3 T- r STATE OF E? (tom COUNTY OF FI?a P,- 1, I J &os , a Notary Public in and for the County and State aforesaid, do hereby certify that ?-? S S _.,L?+ personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. 7' WITNESS my hand and Notary Seal this _ day of 2004. 1`7ot Public My Commission Expires: STATE OF G COUNTY OF Ufa ?i }- 2-j I, - ?V' l " , a Notary Public in and for the County and State aforesaid, do hereby certify that % i n4? i?' 4J? L-\ personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this day of 2004. ___14-p? /_' Notaryublic My Commission Expires: b1/Z/oS 4 i C EXHIBIT A Form of Conservation Easement STATE OF NORTH CAROLINA CONSERVATION EASEMENT COUNTY SPO File Number Prepared by and return to: Blanq Rice, State Property Office 1321'Mail Service Center Raleigh, NC 27699-1321 THIS CONSERVATION EASEMENT DEED, made this day of 2004, by , ("Grantor"), to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et sea., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8t' day of February 2000; and WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the components of the Ecosystem Enhancement Program are (1) restoration and perpetual ? i maintenance of wetlands, riparian areas, and surface waters and (2) land ownership and management; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Protected Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Protected Property, thereby restricting and limiting the use of the included areas of the Protected Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such easement. This Conservation Easement shall be for the protection and benefit of the waters of if known, insert name of stream, branch, river or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Protected Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract as shown on a plat of survey entitled dated , certified by , and recorded in Map Book , Page County Registry. Tract being more particularly described as follows: ]INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT] The purposes of this Conservation Easement are to maintain, restore, enhance. create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly 6 reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited. (11Iay be »wdified on a case-bv- case basis if approved by EEP )` B. Educational Uses. The Grantor reserves the right to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of diseased or damaged trees and vegetation that obstructs, destabilizes or renders unsafe the Easement Area, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, -walkways, or asphalt or concrete paving in the Easement Area. Mi be modified on ar case-by-case base -if approved by EEP ) H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Protected Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. - I. Dumping or Shoring. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no "grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. IK. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or 7 tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, except as allowed by permitting authorities and related to the development of the proposed subdivision as shown on "Wetland Easement Map, Shartree Subdivision", Ward & Associates, dated February 25, 2004, any activity by the Grantor diverting, causing, allowing or permitting the diversion of surface or underground water into, within or out of the Easement Area is not allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Subdivision, partitioning, or dividing the Easement Area is prohibited. Unless agreed by the Grantee in writing, the Easement Area may be conveyed only as described herein and as a single block of property. Any lots created by subdivision will be sold subject to the conservation easement and the rights conveyed herein. M. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a cluster development arrangement. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non- native plans and/or animal species is prohibited. III. GRANTEE RESERVED USES The Grantee, and authorized representatives of the Grantee, shall have the right to enter the Easement Area and shall have the right of reasonable ingress and egress to the Easement Area over the Protected Property, at all reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with a long-term management plan. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above ground, and subtetxaneous water flow. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. a be modified on case-by-case basis if approved by EEP ) The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the Ecosystem Enhancement Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619. III. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is 8 .• r inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts' which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Easement Area at reasonable times for the purpose of inspection to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 9 IV. MISCELLANEOUS A. This Conservation Easement shall be construed to promote the purposes of N.C. Gen Stat. § 143-214.8 et sed., the Ecosystem Enhancement Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Protected Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Protected Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any, portion thereof. F. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the, transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Protected Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. 10 i TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all pers i ons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day - and year first above written. (SEAL) NORTH CAROLINA 1. COUNTY OF a Notary Public in and for the County and State aforesaid, do hereby certify that Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2004. Notary Public My commission expires: 12 Photographic Document of Riparian Wetlands December 8, 2003 North Wake Properties, LLC Proposed Shartree Farms Subdivision Pearces Road (State Road 1001) Franklin County, North Carolina Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. Photograph Description Set Plumber Photo to northwest from proposed lot 36; headwater wetland, previously stripped and planted in fescue for pasturage, extends across low area in front of far hill; wetland hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2' Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. 3 Photo to east from hill on proposed lot 34; 2od Order stream flows from left, along toe of flax-colored slope, to right; V Order stream/wetland in background extends from behind tall pines to left, joins 2"d Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at right; set of tall pines in center in background are pines referenced in Photo Sets 3 and 4; 2"d Order stream flows from off photo on far right, is joined by V Order stream at center of right photo then flows south just right of tall pines and past shed in far background in center of right photo; trees past shed in far background are along beaver-impounded 3`d Order stream. 6 Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2"d Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. '0'd `lVJuaumwuua 9u02LLSVJHV V *ON jaS ojogd £ 'OAT lac olona pup;nu zad spuel;ab - all °saqjadold ageb q:poK 110£0 'oN1aafoad Photo Set No. 3 Photo Set No. 4 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC - Wetlands Permitting Photo Set No. 2 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC - Wetlands Permitting Photo Set No. 5 ProjectNo. 03011 *T ; h W k,n Pr n?PHaPs, LLC - Wetlands Permitting ARMSTRONG Environmental, P.C. . -A. IOfrice Use Only: Form Version May 2002 USACE Action ID No. DWQ No. '040736 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 14 Check all of the approval(s) requested for this project: X Section 404 Permit X Riparian or Watershed Buffer Rules n Section 10 Permit Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: F-1 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: E] II. Applicant Information 1. Owner/Applicant Information Name: North Wake Properties, LLC Contact: Eddie Speas Mailing Address: 7612 Literary Lane Wake Forest, North Carolina 27587 .Telephone Number: (919) 556-2700 Fax Number: (919) 570-3092 F--mail Address:epeas,Q-realtors.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: H. David LaTowsky, P.E. Company Affiliation: ARMSTRONG Environmental, P.C. Mailing Address: 4011 WestChase Boulevard, Suite 110 Raleigh. North Carolina 27607 Telephone Number: (919) 838-9933 Fax Number: (919) 838-9931 E-mail Address: armizeoenta@mindVrin2.com MAY 0 6 2004 Page 5 of 14 WATER QUALITY SECTION III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Shartree Farms Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 2800-88-5522 4. Location County: Franklin Nearest Town: Bunn Subdivision name (include phase/lot number): Shartree Farms Phases I & II (Lots 1 - 55) Directions to site (include road numbers, landmarks, etc.): From Bunn: west on NC Highway 98 approximately 2 miles to give Points": north on State Road 1001 (Pearces Road,) approximately 0.4 miles: entrance to proper on left (west) side of S.R. 1001 5. Site coordinates, if available (UTM or Lat/Long): 35"58'00" N 78°17'45" W 6. Property size (acres): Approximately 158 acres 7. Nearest body of water (streamlriver/sound/ocean/lake): 15` and 2"d Order streams traverse prop: 2"d Order stream bisects proper from northwest to southeast, joins 3`d Order stream/swamp that flows along south boundary line from west to east. 3'd Order stream is unnamed tributary of Crooked Creek located approximately 1 mile east of the property. 8. River Basin: Tar-Pamlico (Note - this must be one of North, Carolina's seventeen designated major river basins. The River Basin map is available at htW://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Property consists of rolling topography (215 to 260 feet above Page 6 of 14 mean sea level) th at includes 4+ year s fallow pasturage (approx 40% of property), overgrown evergreen silvicul ture (approx 10% ). 4+ years re-growth of clear-cut (approx. 30% and a dendritic system o f V. 2"d, and 3`d O rder perennial streams with riparian wetlands in various ages of recovery from former agri cultural impacts approx 20%) Stream/wetland system extends across the proper from h eadwater seepages between upland knolls down hillside draws to riparian bottomland 1 S` a nd 2"d Order streams flow from northeast to southwest Jon mainstem 2' Order stream tha t flows from northwest to southeast and roughly bisects the property. M ainstem 2nd Order stream joins a 3'd Order stream that flows from west to east as a successio n of beaver impo undments along the south property line A farm pond is on the east side o f the property app roximately midway along a V Order stream Ripari an wetlands along m ainstem 2"d Order stream were severely impacted by prior agricultural land use but show indications of regene rating This stream's upper reach is more incised and regeneration of th e riparian wetland s along the west side is hindered by thick fescue cover. Stream base-flows , riparian wetland s and upland draws are maintained by persistent lateral- flow ground water seepage even during drought conditions Adjacent properties consist of agricultural fields and woodland. 10. Describe the overall project in detai l, including the type of equipment to be used: Residential subdivision consisting o f single-family homes approx. 11,500 to 2.800 square feet on lots ranging from 1 to 4 acres : lots will have access to public water (Franklin Co.). electrical service ( pad-mounted transformers), and use septic systems for on-site wastewater treatment. Applic ant has developed site plan and identified suitable soil areas on each lot for septic systems an d plans to const ruct subdivision roadways extend water and electric utilities. and sell l ots. Heavy equipment (dozers. aders, dump trucks, etc.) will be used for road construction utility extensions and stream/wetland crossings Light duty (Bobcat-twe) rubber-tired loade rs will be used t o construct stormwater BMPs including grass-covered swales as level-sp readers for dissip ating runoff from roadside ditches into sheet flow along edge of buffer area s. 11. Explain the purpose of the proposed work: To prepare the property for the sale of individual lots to prospective homeowners: construction of individual residences to be contracted privately by _property owners after purchase of lot. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A Page 7 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State I( is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to Wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for lasting or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Riparian buffers. wetlands. and stream channels will only be impacted by subdivision road/utility crossings at the 5 enumerated locations shown of the attached site plan.The crossings will consist of culverts placed in the stream channel at sufficient depth so as not to change the channel elevation The site plan precludes any i?nact to buffers and/or wetlands in order to access buildable areas on individual lots. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 clear, fill, grade 0.020 No Crosses Riparian, fallow pasture 2 clear, fill, grade 0.055 No Crosses Riparian, primary forest 3 clear, fill, grade 0.054 No Crosses source Riparian, primary forest 4 clear, fill, grade 0.075 No Crosses Riparian, primary forest 5 clear, fill, grade 0.087 No Crosses Riparian, fallow pasture * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** ' 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hap://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Approx. 36 acres Total area of wetland impact proposed: Approximately 0.29 acre Page 8 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 culvert, stabl. 50 In Ord. UT Crooked Crk 2 foot Perennial 2 culvert, stabl. 50 1' Ord. UT Crooked Crk 2 feet Perennial 3 culvert, stabl. 110 1' Ord. UT Crooked Crk 1.0 foot Perennial, source 4 culvert, stabl. 50 V Ord. UT Crooked Crk 3 feet Perennial 5 culvert, stabl. 50 2 "d Ord. UT Crooked Crk 5 feet Perennial atrean? 11ame: All are uuuatneu trioutanes tnat converge, tow to % rooxeu 4-reex iocatea approximately 1 mite east of property. t At this impact site, west side of road crosses source area of stream; consequently, stream channel impact length only 10 feet. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip- rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/pain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com. www.manauest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 210 feet of right-of-way 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation: N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): uplands stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.):. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Page 9 of 14 VH. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. A dendritic system of I" and 2' Order perennial streams with riparian wetlands and upland draws extend across the property and ultimately drain into a 3rd Order stream that flows along the southern property boundary See attached Photographic Document and Wetland Delineation Map The site plan design not only protects the existing dendritic stream-wetland system but illso protects severely degraded but critical riparian as in order to achieve natural regeneration or the system's long term ecological integrity. Impacts to jurisdictional areas (wetlands streams buffers) are minimized within the constraints of site topogwhy, dendritic drainages, project financial viability bbl limiting the number of subdivision road/utility crossings of Jurisdictional areas while maintaining access to buildable areas. 2) siting road crossings where riparian wetlands are narrow. 3) siting roads and crossings so that access to buildable areas of the lots will not require impact to jurisdictional areas. 4) locating lot lines along jurisdictional areas to protect the jurisdictional areas by incorporating them as natural border zones. and to optimize access and usage of buildable areas, 5 planning larger lots with moderate-sized homes for a low ratio of impervious to pervious acreage for stormwater management Construction methods will include limiting land disturbance to roadway right-of-ways onlX Sediment and erosion control 'techniques will be implemented in accordance the BMPS outlined in the latest edition of the Erosion and Sedimentation Control Planning and Design Manual issued by the North Carolina Division of Land Resources and the Sediment Control Commission VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 14 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at bAp://h2o.enr.state.nc.us/ncwetlands/strmaide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. itieation for riparian wetland, buffer. and stream channel impacts will be provided on-site. All of the delineated riparian we tlands. buffers, and stream channels will be protected by deed restrictions that will indicate the wetland and/or buffer boundaries (which ever is greaten Approximately 85% of the riparian wetlands buffers and stream channels will also =et be protected in p ui by a sta te-held Conservation Easement (CE). A copy of the signed . Option Agreement be tween the Grantor North Wake Properties and the Grantee (State of North Carolina) is att ached with this Preconstruction Notification. The Option Agreement includes a copy of the CE docum ent as Exhibit A. The CE prohibits all impacts to wetlands. buffers and stream c hannels spe cified by the easement, and the easement areas located on individual lots will be recorded on the deeds for those lots and include all prohibitions against Specified impacts B ecause the proposed development plan includes maintaining the farm pond. the pond and wetland/b uffer/stream areas Wmd-ient are not included in the Conservation Easeme nt but will b e identified on deeds as protected jurisdictional areas. For mitigation, the de signated CE also includes several acres of land that extend beyond the regulated buffer zones but consist of former riparian wetlands (in particular, along the middle reach and west side u pper reach o f the 2"d Order stream) that were converted to pasturage and severely impacted by previous livestock agriculture (See Photographic Document) Given their condition. thes e areas cou ld justifiably be determined non-wetland (dense fescue vegetation and partia lly oxidized h4wc soils) and excluded from protection based on the 1987 USACE Deline ation Manu al. However. since October 2000. Armstrong has observed that these areas exhib it persistent hydrologic conditions and. having been fallow for several years, are supporting the nascent regeneration of hydrophzic vegetation. By including these within the CE, the a pplicant is providing critical protection that will allow the continued natural regeneration o f vital ripa rian areas, In some of these areas. the EEP may want to apply an herbicide to remove the fescue vegetation and allow more rapid reestablishment of hydrophvtic vegetation In addition. the applicant will gam-donate to the state of North Carolina the 1.83 acres of wetland on the east side of State Road 1001 in the southeast corner of the property and Page 11 of 14 approximately 5 acres of stream/swamp/wetland immediately west of State Road 1001 (both are portions of 3'd Order stream/swamp along the south property line) The applicant will also 1) pay for removal of the existing in-stream culvert near the bottom of the 2nd Order stream and removal of the nearby abandoned culvert lying in the riparian area and twill donate 1,000 bald cypress (taxodium distichum for riparian bottomla_nd restoration planting along the 2' Order stream. 2 Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at hip://h2o.enr.state.nc.us/wM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) hoes the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? 'Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 12 of 14 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NGA-2B .023.3 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), Water- Supply Buffef Requir-emeffts), or other (please identify_ )? Yes X No [:] If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers.. Zone* Impact (square feet) Multiplier Required Mitigation 1 15,000 3 45,000 2 10,000 1.5 15,000 Total 60,000 Gone 1 extends out su teet perpendicular nom near banK of channel; Gone z extends an additional 20 feet from the edge of zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. See detailed discussion in Section VII Mitigation Part 1. As discussed above. a state-held Conservation Easement (CE) will be established for approximately 85% of total riparian wetlands buffers and stream channels that will protect jurisdictional areas against impacts in ity. Jurisdictional areas not located within the designated CE will be protected by deed restrictions that will identify the jurisdictional areas on individual deeds. Xl. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Except for four small outbuildings and an abandoned mobile home all to be removed byapplic nt). no existing impervious surfaces currently exist on the 158+-acre site. Development of the subdivision will result in impervious surface area of approximately 3.8 acres from subdivision roads. 1.1 acres from private driveways, and 2.5 acres from private residences. The point-source discharge of Stormwater into jurisdictional areas will be prohibited by the CE, and the applicant will recommend low-impact development (LID) techniques to proper buyers. Storm-water runoff from the roadside ditch system will be diverted into grass-lined overflow swales (level spreaders) adjacent to buffer boundaries. Page 13 of 14 ?? _ rrr XH. Sewage Disposal (required by DWQ) 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. Each residential proper will have sufficient land area of suitable soil to provide the nitrification area and a repair area for an on-cite set is system designed for the treatment an d non-discharge of wastewater from a 3-bedroom house XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes No X Is this an after-the-fact permit application? Yes n No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered, and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A y- 7- oy Applicant/Agent!sAignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 s 1 _ _. r 08 Site J , ? I,1 - '_ jll. J 1 ) I r ? ?{' .'?%? (• - ? ;< ' _ ?? __ -_ 306 - ? ?Ij 0 'a i, t i:° 14.c ?r - _J u J :.Cem 4 i d5 ?n/ 262., ? -. -. , .? ! _?1?0 •? r'79?, ??i ti J i? I l ?? - i' -, % t 266 >'..0!'Bunn 1?/1 n? I•r ?.. ?. ?? •,' ?9l? •Flt'C Points 275 i? CI CerTv ? r t Lala?i?1 1? 6b'• " ,u '.' 1)t 1 ?( .?( rJ ? , I1 MN GN ?89 MILS` !1_1'35'_ 28M' LS ,P t1iM !?f:f[: ANIr 1473 MAIaNF +! !'. f4l,l MATION AT ;.I N(E.u ['I Figure 1: Site Vicinity Map Proposed Shartree Farms Subdivision State Road 1001 Franklin County, Bunn, North Carolina BUNN WEST QUADRANGLE NORTH CAROLINA 7.5 MINUTE SERIES (TOPOGRAPHIC) Scale: 1" = 2000' Contour Interval = 10' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: May 19, 2003 Approved by: `YJ/Yf a Date: 5• - 2 g 03 Figure 2: Site Soil Map Soil series map courtesy of Proposed Shartree Farms Subdivision Franklin County Soil Survey State Road 1001 Franklin County, Bunn, North Carolina ?U t. r° WsC n !r 1 Scale: 1" = 2000' ARMSTRONG Environmental P.C. Drawn by: D, LaTowsky Date: April 6, 2004 Approved by: 14 LPL} Date: c?, cS d ?4, DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No_X_ Community ID: Floodplain Is the site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is the area a potential problem area? Yes No_2L_ Plot ID: Wl (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. salix nigra W U OBL 9. Reltandra virginica HU OBL 2. acer rubrum Wu FAC 10. 3. ?ephalanthus occidentalis W OBL• 11. 4.5ambucus canadensis W FA W- 12. 5. alnus serrulata W U FACW+ 13. 6. iuncus effusus W+ 14. 7. §aunuus cernuus 1 OBL 15. 8. nolygonum spc. HU " FACW+ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Rettl'tarks: Sample plot Wl is located on the west side of the 2' Order stream in a broad riparian-zone floodplain. While farmed, the floodplain had been cleared, partially drained, and planted with fescue for livestock pasturage severely impacting the riparian wetland. However, after approximately 5 years fallow, hydrophytic vegetation is stabilizing the streambanks and slowly reclaiming the floodplain. In plot W1, geater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Woody vegetation overstory is absent; a primary growth stage woody understory is sparse in the floodplain and dense along the stream channel; the herbaceous vegetation is currently the dominant stratum. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other * x Inundated (moderately at times) _ x Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits x Drainage Patterns in Wetlands Depth of Surface Water: * -2 in.) Secondary Indicators: L Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: 1 in.) _ Water-Stained Leaves x Local Soil Survey Data Depth to Saturated Soil: 0 (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Chewacla-Wehadkee 0-3% slopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup): Chewacla: fluvaquentic dy troc repts Confirm Mapped Type? YesX No Taxonomy (Subgroup): Wehadkee: laic fluvaquents Confirm Mapped Type? Yes X No Profll Descri tp ion: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inch=) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc. 0-11 , A I OYR 5/2 sandy silt 11-2 B 5Y 5/1 5YR 4/4 silly clay Hydric Soil Indicators: _ Histosol -Concretions _Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils •Sulfidic Odor _X-Organic Streaking in Sandy Solis ?y_Aquic Moisture Regime x Listed On Local Hydric Soils List x Reducing Conditions x Listed on National Hydric Soils List X_Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Several areas in the floodplain, the Wehadkee soils are overlain with apparent erosion deposition of sandy material from the Wedowee soils of the adjacent hillsides. Furthermore, in the northern section of the broad floodplam where the god Order stream has become more incised, the soils indicate conditions that were formerly hydric, but, due hydrologic changes from converting large areas to pasture, have become aerobic and eroded. WETLAND DETERMINATION Hyclrophytic Vegetation Present? Yes -2L No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yeses No Hydric Soils Present? Yes X_ No Remarks: Sample plot W1 is in broad floodplain area that had previously been cleared of woody vegetation and converted to pasturage and the stream moderately channelized during previous property ownership. The land use for livestock pasturage severely impacted the broad riparian wetland; however, is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27. 2003 Applicant / Owner: North Wake Properties. LLC _ County: Franklin Investigator: H. David LaTowsky State: North Carolina i Do normal circumstances exist on the site? Yes No _Y Community ID: Wetland Is the site significantly disturbed (Atypical situation)? Yes 2C No Transect ID: Is the area a potential problem area? Yes Nom Plot ID: W2 (explain on reverse if needed) VEGETATION Dominant Plant SR2gies Stratum Indicator Dominant Plant Species Stratum Indicator 1. salix nigra O OBL 9. 2. magnolia virginiana WO FACW+ 10. smilax laurifolia Vine FA W+ 3. liauidambar slymciflua Wu FAC+ 11. 4. arundinaria g(Qantea W -J FACW 12. 5._iuncus spc. HU FACW 13. 6._ impatiens capensis H FACW 14. 7._ cyperus odoratus _H FACW 15. 8. murdannia keisak H OBL, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Greater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot located in proposed subdivision lot no. 22 in moderately disturbed hillside draw where persistent ground water seepage gives rise to a V Order stream; woody overstory dominants include mature black willows and several laze sweet bays. HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: 8 (in.) Depth to Saturated Soil: 2 (in.) Wetland Hydrology Indicators Primary Indicators: _ Inundated x-Saturated in Upper 12" Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: x Oxidized Root Channels in Upper 12" X Water-Stained Leaves x Local Soil Survey Data _ FAC-Neutral Test Other (Explain in Remarks) Remarks: Seepage stream is identified as intermittent on USGS quadrangle; however, even during drought conditions in October 2000, seepage exhibited persistent flow. Due to immediately adjacent pasturage land use, hydrological effect caused nearby stream channel to become incise; otherwise, depth to free water in pit would likely be less than 8 inches. Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% s 1o=Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup):Chewacla: fluvaquentic dystrochrents Confirm Mapped Type? Yes_2LNo Taxonomy (Subgroup):Wehadkee: tvoic fluva quents Confirm Mapped Type? Yes__X No Profiled Description: Depth' Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Muns ell Moist) Abundance/Contrast Structure, etc. 0-8 A 2.5Y 3/1 sil , sand 8-24 B 2.5Y 4/1 sandy clay 24- C 5Y 6/1 sand Hydric Soil Indicators: _ Histosol _ Concretions • Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils • Sulfidic Odor __X._Organic Streaking in Sandy Soils • Aquic Moisture Regime _X Listed On Local Hydric Soils List • Reducing Conditions X_Listed on National Hydric Soils List • Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X_ No Is the Sampling Point Wetland Hydrology Present? Yes X_ No Within a Wetland? Yeses No Hydric Soils Present? Yes X_ No Remarks: Location W2 is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowskv State: North Carolina Do normal circumstances exist on the site? Yes No_X_ Community ID: Upland Is the site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is the area a potential problem area? Yes No_X Plot ID: Ul (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator ( Dominant Plant Species Stratum Indicator 1. Quercus alba wo FACU 2. liriodendron tuliFifera WO FAC 3. carya tomentosa WO FACU 4.^iuniperus virginiana W FACU- 5. minus taeda W U FAC 6. (TRaca W U FAC_ 7. 8._jfestuca spc. HU FAQ- 9. rubus betulifoia H FAC 10. lespedeza sM. HU FACU 11. 12. 13. smilax rotundifolia Vine FA 14. 15. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15% Remarks: Few of the species are classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was on a hill at the edge of former livestock pasturage area in proposed subdivision lot no. 13; woody overstory dominants were mature and young white oak and tulip trees, several young cedars dominated HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available _XL Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: >24 (in.) Depth to Saturated Soil: > 24 (in.) Wetland Hydrology Indicators Primary Indicators: Inundated Saturated in Upper 12" _ Water Marks ' _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Root Channels in Upper 12" _ Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Upland area Map Unit Name (Seri)es and Phase): Wedowee sandy loam 2-6% sl oylgs Drainage Class: Well Drained Taxonomy (Subgroup): Inic kanha(pludults Confirm Mapped Type? Yes.X_ No Taxonomy (Subgroup): Confirm Mapped Type? Yeses No Profil§ Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munseii Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-? A 2.5Y 5/4 silty sand 2,8 BE 10YR 7/6 sandy clayey silt 8-12 B1 10YR 6/5 5YR 5/8 10% clayey silt 12-22 B2 TM 6/6 5YR 5/8 30% silty clay with sand Hydric Soil Indicators: Histosol _ Concretions _Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime Listed On Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes NoX Hydric Soils Present? Yes No X Remarks: Location UI is classified as upland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. STATE OF NORTH CAROLINA COUNTY OF CONSERVATION EASEMENT OPTION AGREEMENT SPO File Number Project Name THIS OPTION AGREEMENT (this "Option Agreement"), made and entered into this 5' day of 2004, by and between North Wake Properties, LLC consisting of Edwin M. Speas, III, Member/Manager, 50% individual interest, and Timothy B. Keith, Member/Manager, 50% undivided interest, hereinafter, ("Grantor"), and the State of North Carolina, a body politic and corporate, and its successors and assigns ("State"). WITNESSETH In consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the State, and its successors and assigns, the exclusive right and option (the "Option") to be granted a conservation easement (the "Easement"), on certain sections of real property owned by Grantor. The parent property that will be subject to the Easement is identified as Deed Book 1375, Page 249, Franklin County Registry. It is understood and agreed that real property to be subject to the Easement shall be more exactly and precisely determined by a metes and bounds description and a survey. Description shall be subject to the approval of Grantor and Grantee (such property the "Easement Property"). The. Easement Property is presently represented and approximated as shown on an unrecorded plat as provided by Grantor and titled "Wetland Easement Map, Shartree Subdivision". Ward & Associates, dated February 25, 2004. Areas as depicted on said plat may be amended or modified at the mutual agreement of Grantor and Grantee. The following terms, provisions, and conditions are further agreed to: 1. OPTION PERIOD. This Opt- all remain in effect and the Option shall be exercisable frog t eft aMt ment has been executed by the Grantor until the I" day of The p ion shall be exercised by posting notice to the Grantor at the following address: Exercise of the Optio ha11 erred timely if such written notice is mailed on or before A--2085 6c"; ? // Ace, 2. PURCHASE PRICE. The purchase price shall be $3,500.00 (THREE THOUSAND FIVE HUNDRED DOLLARS) per acre subject to survey. 3. EXECUTION. A conservation easement agreement in the form attached hereto as !exhibit "A" granting the Easement shall be executed and delivered within 60 days following the exercise of the Option. 4. 'SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final description of the Easement Property is subject to final description and survey to be mutually approved by Grantor and Grantee and that the costs of obtaining said description and survey will be paid by the State. f 5. DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a Easement in the form attached hereto as Exhibit "A", and any other documents necessary to grant the Easement in accordance with the terms of this Option Agreement. These documents will be prepared at the expense of the State. 6. MISCELLANEOUS CLOSING EXPENSES. The State will pay all charges arising due to the execution or recording of the Easement. 7. CONDITION OF PROPERTY/ RISK OF LOSS. In the event of any adverse change in the condition of the Easement Property prior to exercise of the Option, whether said change is caused by Grantor or by forces beyond Grantor's control, the State may elect a) not to exercise the Option or b) to exercise the Option and take its interest in the Easement Property subject to such change in condition. 8. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State. the State may elect to refuse to accept the Property. 9. REMEDIES. In addition to any other remedy specifically set forth in this Option, the State has the right to enforce the provisions of this Option through an action for specific performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 10. FINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor's heirs, executors, administrators, successors, and assigns. 11. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written agreement. No representation or promise not included in this Option shall be binding upon the parties. 12. NO WAIVER. No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13. ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursuant to this Option. IN J TESTIMONY THEREOF, the parties have hereunto set their hands and seals, or if Corporate have caused this instrument to be executed in their corporate names by their duly authorized representatives as of the dates indicated below. For North Wake Properties, LLC Gra By: ,?e Edwin M. Speas, III, Memb r//Manager Grantor B Timothy B. Keith, Member/Manager 3 STATE OF COUNTY OF Ey-a 1, J a Notary Public in and for the County and State aforesaid, do hereby certify that E7 J,-,+ ti S S personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this ? day of 2004. loot -Public My Commission Expires: Z OS STATE OF J`t COUNTY OF ?(CZ rL C ?r j-.- 1, 2 - 0 - l k?, l? , a Notary Public in and for the County and State aforesaid, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this day of AIQ2? ' 2004. Notaryublic My Commission Expires: 4 C EXHIBIT A Form of Conservation Easement STATE OF NORTH CAROLINA CONSERVATION EASEMENT COUNTY S TO File Number Prepared by and return to: Blane Rice, State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS CONSERVATION EASEMENT DEED, made this day of 2004, by , ("Grantor"), to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et se . the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the Bch day of February 2000; and WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the components of the Ecosystem Enhancement Program are (1) restoration and perpetual C maintenance of wetlands, riparian areas, and surface waters and (2) land ownership and management; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Protected Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Protected Property, thereby restricting and limiting the use of the included areas of the Protected Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such easement. This Conservation Easement shall be for the protection and benefit of the waters of known, insert name of stream branch, river or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Protected Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract as shown on a plat of survey entitled dated . certified by T, and recorded in Map Book , Page County Registry. Tract being more particularly described as follows: [INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT] The purposes of this Conservation Easement are to maintain, restore, enhance. create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and' recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a corripatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly L reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses, are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses; including hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited. Cmay be modified on a case-&4' case basis if do iroved by EEP )' B. Educational Uses. The Grantor reserves the right to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of diseased or damaged trees and 'vegetation that obstructs, destabilizes or renders unsafe the Easement Area, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or asphalt or concrete paving in the Easement Area. (Mav be modified on'a case-by-case basis if approved by EEP ) H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Protected Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. 1. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. . K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or 7 tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, except as allowed by permitting authorities and belated to the development of the proposed subdivision as shown on "Wetland Easement Maps Shartree Subdivision", Ward & Associates, dated February 25, 2004, any activity by the Grantor diverting, causing, allowing or permitting the diversion of surface or underground water into, !within or out of the Easement Area is not allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Subdivision, partitioning, or dividing the Easement Area' is prohibited. Unless agreed by the Grantee in writing, the Easement Area may be conveyed only as described herein and as a single block of property. Any lots created by subdivision will be sold subject to the conservation easement and the rights conveyed herein. M. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a cluster development arrangement. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non- native plans and/or animal species is prohibited. III. GRANTEE RESERVED USES The Grantee, and authorized representatives of the Grantee, shall have the right to enter the Easement Area and shall have the right of reasonable ingress and egress to the Easement Area over the Protected Property, at all reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with a long-term management plan. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above around, and subterraneous water flow. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. a `be modified on ease-bv case basis if approved by EEP ) The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the Ecosystem Enhancement Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619. III. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is 8 ., r inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts ;which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Easement Area at reasonable times for the purpose of inspection to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this, easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 1_ r t IV. MISCELLANEOUS A. This Conservation Easement shall be construed to promote the purposes of N.C. Gen Stat. § 143-214.8 et sea., the Ecosystem Enhancement Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Protected Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal,' instrument by which any interest in the Protected Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any, portion thereof. F. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this iConservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Protected Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not incopsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. 10 i TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) 11 Photographic Document of Riparian Wetlands December S, 2003 North Wake Properties, LLC Proposed Shartree Farms Subdivision Pearces Road (State Road 1001) Franklin County, North Carolina Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P,C. Photograph Set Number Description 1 Photo to northwest from proposed lot 36; headwater wetland, previously stripped and planted in fescue for pasturage, extends across low area in front of far hill; wetland hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2"d Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. 3 Photo to east from hill on proposed lot 34; 2"d Order stream flows from left, along toe of flax-colored slope, to right; 151 Order stream/wetland in background extends from behind tall pines to left, joins 2"d Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at right; set of tall pines in center in background are pines referenced in Photo Sets 3 and 4; 2"d Order stream flows from off photo on far right, is joined by I" Order stream at center of right photo then flows south just right of tall pines and past shed in far background in center of right photo; trees past shed in far background are along beaver-impounded 3`d Order stream. 6 Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2"d Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. a / 1 1 n35Y3 QNY LIA U z ?? ory 301SNI V3 9V j w W • a nene a' Vl < d q UQ w .0 2 z CL to \ \ / / ONOd 71 7 yC 1 n X ^ / \\ \ ?? ? / ONOd \? 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Photograph Set Number Description 1 Photo to northwest from proposed lot 36; headwater wetland, previously stripped and planted in fescue for pasturage, extends across low area in front of far hill; wetland hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2"d Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. 3 Photo to east from hill on proposed lot 34; 2nd Order stream flows from left, along toe of flax-colored slope, to right; V Order stream/wetland in background extends from behind tall pines to left, joins 2"d Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at right; set of tall pines in center in background are pines referenced in Photo Sets 3 and 4; 2"d Order stream flows from off photo on far right, is joined by V Order stream at center of right photo then flows south just right of tall pines and past shed in far background in center of right photo; trees past shed in far background are along beaver-impounded 3`d Order stream. 6 Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2"d Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. Photo Set No.1 Photo Set No. 2 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC - Wetlands Permitting Photo Set No. 3 Photo Set No. 4 n Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC - Wetlands Permitting Photo Set No. 5 Project No. 03011 North Wake Properties, LLC - Wetlands Permitting ARMSTRONG Environmental, P.C. I NORTH CAROLINA 1. COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of .2004. Notary Public My commission expires: 12 4 Office Use Only: Form Version May 2002 046 USACE Action ID No. DWQ N . 073 (If any particular item is not applicable to this project, please enter'Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit X Riparian or Watershed Buffer Rules ? Section 10 Permit Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:_ NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: R 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: F-1 H. Applicant Information 1. Owner/Applicant Information Name: North Wake Properties. LLC Contact: Eddie Speas Mailing Address: _ 7612 Literary Lane Wake Forest, North Carolina 27587 -Telephone Number: (919) 556-2700 Fax Number: (919) 570-3092 F,-mail Address: eapeasng.an-realtors.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: H. David LaTowsky, P.E. Company Affiliation: ARMSTRONG Environmental. P.C. Mailing Address:_ 4011 WestChase Boulevard, Suite 110 Raleigh. North Carolina 27607 Telephone Number: (919) 838-9933 Fax Number: (919) 838-9931 E-mail Address: LANDS / 401 GROUP Page 5 of 14 MAY 0 6 2004 WATER QUALITY SECTION III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, inipervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Shartree Farms Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 1. Property Identification Number (Tax PIN): 2800-88-5522 4. Location County: Franklin Nearest Town: Bunn Subdivision name (include phase/lot number): Shartree Farms Phases I & II (Lots 1 - 55) Directions to site (include road numbers, landmarks, etc.): From Bunn: west on NC Highway 98 approximately 2 miles to "Five Points": north on State Road 1001 (Pearces Road) approximately 0.4 miles. entrance to property on left (west) side of S.R. 1001 I5. Site coordinates, if available (UTM or Lat/Long): 35°58'00" N 78°17'45" W 6. Property size (acres): Approximately 158 acres 7. Nearest body of water (stream/river/sound/ocean/lake): I" and 2nd Order streams traverse prop; 2°d Order stream bisects property from northwest to southeast. joins 3'd Order stream/swamp that flows along south boundary line from west to east 3`d Order stream is unnamed tributary of Crooked Creek located approximately 1 mile east of the property. 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hU://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Pmpaly consists of rolling topography (215 to 260 feet above Page 6 of 14 mean sea level) that includes 4+ yea rs fallow pasturage (approx 40% of property overgrown evergreen silvicultu re (approx 10% ), 4+ years re-growth of clear-cut (approx 30% and a dendritic system of 15` 2"d, and 3`d Order perennial streams with riparian wetlands in various ages of recovery from former agri cultural impact approx 20%1 Stream./wetland y is em extends across the property from h eadwater seepages between upland knolls down hillside draws to riparian b ottomland. 1 S` a nd 2"d Order streams flow from northeast to southwest J-Qin mains tem 2"d O rder stream tha t flows from northwest to southeast and roughly bisects the property. Mai nstem 2"d Order stream joins a 3`d Order stream that flows from west to east as a succession of beaver impo undments along the south property line. A farm pond is on the east side of the property ap proximately midway along a I" Order stream Riparian wetlands along mai nstem 2"d Order stream were severely impacted by prior agricultural land use but show indic ations of regene rating This stream's upper reach is more incised and regeneration of the riparian wetland s along the west side is hindered by thick fescue cover. Stream base-flows. riparian wetland s, and upland draws are maintained by persistent lateral- flow ground water seepage even during drought conditions Adjacent properties consist of agricultural fields a nd woodland. 110. Describe the overal l project in detai l, including the type of equipment to be used: Residential subdivis ion consisting o f single-family homes approx. 1,500 to 2.800 square feet on lots ranging from 1 to 4 acres: lots will have access to public water (Franklin Co.), electrical service (p ad-mounted tran sformers), and use septic systems for on-site wastewater treatment Applican t has developed site plan and identified suitable soil areas on each lot for septic systems and plans to cons truct subdivision roadways. extend water and electric utilities. and sell lot s. Heavy equip ment (dozers. graders. dump rucks, etc.) will be used for road construction. u tility extensions. and stream/wetland crossings. Light duty Bobcat-type) rubber-tired loaders will be used t o construct stormwater BMPs including grass-covered swales as level-spre aders for dissip ating runoff from roadside ditches into sheet flow along age of buffer areas. 11. Explain the purpose of the proposed work: To prepare the property for the sale of individual lots to prospective homeowners; construction of individual residences to be contracted privately by p=ea owners after purchase of lot. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A Page 7 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Riparian buffers, wetlands. and stream channels will only be impacted by subdivision road/utility crossings at the 5 enumerated locations shown of the attached site plan The crossings will consist of culvert s placed in the stream channel at sufficient depth so as not to change the channel elevation The site plan precludes any impact to buffers and/or wetlands in order to access b ilda le areas on individual lots. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 clear, fill, grade 0.020 No Crosses Riparian, fallow pasture 2 clear, fill, grade 0.055 No Crosses Riparian, primary forest 3 clear, fill, grade 0.054 No Crosses source Riparian, primary forest 4 clear, fill, grade 0.075 No Crosses Riparian, primary forest 5 clear, fill, grade 0.087 No Crosses Riparian, fallow pasture * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hap://www,fema.gQv. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: A.Rprox. 36 acres Total area of wetland impact proposed: Approximately 0.29 acre Page 8 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name" Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 culvert, stabl. 50 In Ord. UT Crooked Crk 2 foot Perennial 2 culvert, stabl. 50 1" Ord. UT Crooked Crk 2 feet Perennial 3 culvert, stabl. t10 I' Ord. UT Crooked Crk 1.0 foot Perennial, source 4 culvert, stabl. 50 In Ord. UT Crooked Crk 3 feet Perennial 5 culvert, stabl. 50 Ord. UT Crooked Crk 5 feet Perennial a.I V&III ,.AMC; au AUC aunamCU LnuaMUM inat converge, tiow to 1- rooicea creek iocatea approximately 1 He east of property. t At this impact site, west side of road crosses source area of stream; consequently, stream channel impact length only 10 feet. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip- rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com. www.manquest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 210 feet of fight-of-way 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List eacn impact separatety ana taenuiy temporary impacts. impacts include, nut are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation: N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): E] uplands F] stream 0 wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Page 9 of 14 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. A dendritic system of V and 2' Order perennial streams with riparian wetlands and upland draws extend across the property and ultimately drain into a 3' Order stream that flows along the southern property boundary. See attached Photographic Document and Wetland Delineation Map. The site plan design not only protects the existing dendritic stream-wetland system but also protects severely degraded but critical riparian areas in order to achieve natural regeneration fqr the system's long-term ecological integrity. Impacts to jurisdictional areas (wetlands, streams, buffersl?re minimized within the constraints of site topography. dendritic drainages and project financial viability by: 1) limiting the number of subdivision road/utility crossings of urisdictional areas while maintaining access to buildable areas, 2, siting road crossings where riparian wetlands are narrow, 3, siting roads and crossings so that access to buildable areas of the lots will not require impact to jurisdictional areas. 4 locating lot lines along jurisdictional areas Uo protect the jurisdictional areas by incorporating them as natural border zones, and to optimize access and usage of buildable areas. 5) planning larger lots with moderate-sized homes for a low ratio of impervious to Dervious acreage for stormwater management. Construction methods. will techniques will be implemented in accordance the BMPS outlined in the latest edition of the Erosion and Sedimentation Control Planning and Design Manual issued by the North Carolina Division of Land Resources and the Sediment Control Commission. VIII. :Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 14 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in' DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmizide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for riparian wetland, buffer. and stream channel impacts will be provided on-site. All of the delineated riparian wetlands, buffers, and stream channels will be protected bX deed restrictions that will indicate the wetland and/or buffer boundaries (which ever is greater ). Approximately 85% of the riparian wetlands, buffers, and stream channels will also be protected in perpetuity by a state-held Conservation Easement (CE). A copy of the signed Option Agreement between the Grantor (North Wake Properties) and the Grantee (State of North Carolina) is attached with this Preconstruction Notification. The Option Agreement includes a copy of the CE document as Exhibit A. The CE prohibits all impacts to wetlands, buffers, and stream channels specified by the easement, and the easement areas located on individual lots will be recorded on the deeds for those lots and include all prohibitions against Verified impacts. Because the proposed development plan includes maintaining the farm pond, the pond and well areas upgradient are not included in the Conservation Easement but will be identified on deeds as protected -jurisdictional areas. For mitigation, the designated CE also includes several acres of land that extend beyond the regulated buffer zones but consist of former riparian wetlands (in particular, along the middle reach and west side upper reach of the 2' Order stream) that were converted to pasturage and severely impacted by previous livestock agriculture. (See Photographic Document). Given their condition. these areas could. justifiably be determined non-wetland (dense fescue vegetation and partially oxidized hydric soils) and excluded from protection based on the 1987 USACE Delineation Manual. However, since October 2000, Armstrong has observed that these areas exhibit persistent hydrologic conditions and. having been fallow for several years. are supporting the nascent regeneration of hydroph is vegetation. By including these within the CE, the applicant is providing critical protection that will allow the continued natural regeneration of vital riparian areas. In some of these areas, the EEP may want to apply an herbicide to remove the fescue vegetation and allow more rapid reestablishment of hvdroph is vegetation. In addition, the applicant will gift-donate to the state of North Carolina the 1.83 acres of wetland on the east side of State Road 1001 in the southeast corner of the property and Page 11 of 14 approximately 5 acres of stream/swamp/wetland immediately west of State Road 1001 (both are portions of 3`d Order stream/swamp along the south property line The applicant will also 1) pay for removal of the existing in-stream culvert near the bottom of the 2nd Order stream and removal of the nearby abandoned culvert lying in the riparian area, and 2)_will donate 1,000 bald cypress taxodium dstichum for riparian bottomland restoration planting along the 2"d Order stream. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at htip://h2o.enr.state.nc.us/wrp/index.htm, If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes F1 No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes E] No F] If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes [:] No n X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 12 of 14 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within rAJ?lGAG 2B.0-233- Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 1 SA-NGAG 2B .0250 (RandlemanD l W.ef Supply Buffff Requirements), or other (please identify )? Yes X No (:] If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 15,000 3 45,000 2 10,000 1.5 15,000 Total 60,000 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. See detailed discussion in Section VII Mitigation Part 1. As discussed above. a state-held Conservation Easement (CE) will be established for approximately 85% of total riparian restrictions that will identify the jurisdictional areas on individual deeds XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Except for four small outbuildings and an abandoned mobile home (all (o be removed by Wlicant). no existing impervious surfaces currently exist on the 158+-acre site. Development of the subdivision will result in impervious surface area of approximately 3.8 acres from subdivision roads, 1.1 acres from private driveways, and 2.5 acres from private residences. The point-source discharge of stormwater into jurisdictional areas will be prohibited by the CE, and the applicant will recommend low-impact development (LID) techniques to property buyers Stormwater runoff from the roadside ditch system will be divert ed into grass-lined overflow swales (level spreaders) adjacent to buffer boundaries Page 13 of 14 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment in wastewater generated from the proposed xls and disposition (non-discharge or discharge) of ject, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes n No X Is; this an after-the-fact permit application? Yes r-1 No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered . and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A ?1- 7- oy AppIlicant/Aw".s ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 X316 - - 261- } Cam} _ -. Ite ,L :? ` , It ,. ? ,Cem ff -J , ?i 262 , i lu, •286 ___--^\L ', • ( ?? I l) 466 Bunn 28,,?..Five Post Gs ;. rI,r, 'j` trot 1i " 1 V ?. Cern Cr _ VI, 100 Lcr1u?<I ( - . ..._ 1 ..320 h ,r f.Pn9L1I f \?,i6h•• .:: ;i r; I ??`Cc•. ?. t 1 MN i IGN 89 M1LSI 1.35' 28 MILS ti7M f.RiL ANE+ 1,73 MAI..A.f 'y: il?tc: C%Ef {'NA71ON A! - r NtLU C: S•+f !.? Figure 1: Site Vicinity Map Proposed Shartree Farms Subdivision State Road 1001 Franklin County, Bunn, North Carolina BUNN WEST QUADRANGLE NORTH CAROLINA i 7.5 MINUTE SERIES (TOPOGRAPHIC) Scale: V = 2000' Contour Interval = 10' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: May 19, 2003 Approved by: {y Nj j Date: q-29-03 wrc 1 Scale: 1" = 2000' Figure 2: Site Soil Map Soil series map courtesy of Proposed Shartree Farms Subdivision Franklin County Soil Survey State Road 1001 Franklin County, Bunn, North Carolina ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: April 6, 2004 Approved by: 14 LPL} Date: e. Ale ? DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project 1 Site: Proposed Shartree Farms Subdivision Date: May 27. 2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No_2_ Community ID: Floodpplain Is the site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is the area a potential problem area? Yes Nom Plot ID: Wl (explain on reverse if needed) VEGETATION Domin nt Plant SpQcies Stratum Indicator Dominant Plant Socies Stratum Indicator 1. salix nigra _ W OBL 9. peltandra virginica HU OBL 2. acer rubrum FAC 10. 3.cgphalanthus ocgidentalis Wu OBL, 11. 4.?s mbucus canadensis U FACW- 12. 5. alnus serrulata WU FACW+ 13. 6. iuncus effusus H_ FACW+ 14. 7.saururus cemuus _jiU OBL 15. 8. n©lv_.-?onumWc. HU A W+ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Sample plot Wl is located on the west side of the 2id Order stream in a broad riparian-zone floodplain. While farmed, the floodplain had been cleared, partially drained, and planted with fescue for livestock pasturage severely impacting the riparian wetland. However, after approximately 5 years fallow, hydrophytic vegetation is stabilizing the streambanks and slowly reclaiming the floodplain. In plot W1, geater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Woody vegetation overstory is absent; a primary growth stage woody understory is sparse in the floodplain and dense along the streams channel; the herbaceous vegetation is currently the dominant stratum. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other xInundated (moderately at times) X Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: *1-2 (i-2 (in.) Secondary Indicators: X Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: 1 in.) _ Water-Stained Leaves x Local Soil Survey Data Depth to Saturated Soil: 0 (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: i SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% slopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup): Chewacla: fluvaquentic dystrochrepts Confirm Mapped Type? Yeses No Taxonomy (Subgroup): Wehadkee: typic fluvaquents Confirm Mapped Type? Yeses No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-11 A 10YR 5/2 sandy silt 11-23 B 5Y 511 5YR 4/4 silly clay -T Hydric Soil Indicators: Histosol _ Concretions Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils • Sulfidic Odor XOrganic Streaking in Sandy Soils •Aquic Moisture Regime _x Listed On Local Hydric Soils List • Reducing Conditions x Listed on National Hydric Soils List • Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Several areas in the floodplain, the Wehadkee soils are overlain with apparent erosion deposition of sandy material from the Wedowee soils of the adjacent hillsides. Furthermore, in the northern section of the broad floodplain where the 2"d Order stream has become more incised, the soils indicate conditions that were formerly hydr(c, but, due hydrologic changes from converting large areas to pasture, have become aerobic and eroded. W4TLAND DETERMINATION Hydrophytic Vegetation Present? Yes X_ No Is the Sampling Point Wetland Hydrology Present? Yes X_ No Within a Wetland? Yes. No Hydric Soils Present? Yes X._ : No Remarks: Sample plot W l is in broad floodplain area that had previously been cleared of woody vegetation and converted to pasturage and the stream moderately channelized during previous property ownership. The land use for; livestock pasturage severely impacted the broad riparian wetland; however, is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. l DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27. 2003 Applicant / Owner: North Wake Properties LLC County: Franklin Investigator: H David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No_2_ Community ID: Wetland Is the site significantly disturbed (Atypical situation)? Yes X No Transect ID: Is the area a potential problem area? Yes No X Plot ID: W2 (explain on reverse if needed) VEGETATION DoMin t Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. sa)ix nigra WO OBL 9. 2.gDolia virginiana WO FACW+ 10. smilax laurifolia Vine FA W+ 3. liquidambar slymciflua W U FAC+ 11. 4. arundinaria gigantea W F W 12. 5. ncus spc H U F W 13. 6. impatiens capeensis H F W 14. 7. rynerus odoratus H_U FACW 15. 8. rr4l?rdannia keisak I OBL 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Greater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot located in proposed subdivision lot no. 22 in moderately disturbed hillside draw where persistent ground water seepage gives rise to a In Order stream; woody overstory dominants include mature black willows and several large sweet bays. HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: 8 in.) Depth to Saturated Soil: _ 2 (in.) Wetland Hydrology Indicators Primary Indicators: _ Inundated _ x Saturated in Upper 12" Water Marks _ Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators: •_ Oxidized Root Channels in Upper 12" x Water-Stained Leaves x Local Soil Survey Data _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: Seepage stream is identified as intermittent on USGS quadrangle; however, even during drought conditions in October 2000, seepage exhibited persistent flow. Due to immediately adjacent pasturage land use, hydrological effect caused nearby stream channel to become incise; otherwise, depth to free water in pit would likely be less than 8 inches. SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% s lopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup):Chewacla: fluvaquentic dystrochrevts Confirm Mapped Type? Yes--2LNo Taxonomy (Subgroup):Wehadkee: twic fluva quents Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches); Horizon (Munsell Moist) (Muns ell Moist) Abundance/Contrast Structure, etc. 0-8 A 2.5Y 3/1 sift sand 8-24 B 2.5Y 4/1 sandy clay 24- C 5Y 6/1 i sand Hydric Soil Indicators: Histosol -Concretions x Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils x Sulfidic Odor x Organic Streaking in Sandy Soils x Aquic Moisture Regime x Listed On Local Hydric Soils List x Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes _X No Is the Sampling Point Wetland Hydrology Present? Yes _ X No Within a Wetland? Yeses No Hydric Soils Present? Yes X No Remarks: Location W2 is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27. 2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? YeaNo_X_ Community ID: Upland Is the site significantly disturbed (Atypical situation)? Yes__2L_ No Transect ID: Is the area a potential problem area? Yes No__ X_ Plot ID: Ul (explain on reverse if needed) VEGETATION Dominant Plant SMiies Stratum Indicator Dominant Plant Species Stratum Indicator 1. 2. liriodendron tulipifera WO FAC 3. carya tomentosa WO FACU 4. jupiperus virziniana W U FA - 5. pinus taeda W FAC 6. ilex opaca W U FAQ- 7. 8. festuca spc. U FAC- 9. rebus betulifoia f FAC 10. lespedeza spc. I FACU 11. 12. 13. smilax rotundifolia Vine FAC 14. 15. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15% Remarks: Few of the species are classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was on a hill at the edge of former livestock pasturage area in proposed subdivision lot no. 13; woody overstory dominants were mature and young white oak and tulip trees, several young cedars dominated HYDROLOGY _ Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: >24 (in.) Depth to Saturated Soil: > 24 (in.) Wetland Hydrology Indicators Primary Indicators: Inundated Saturated in Upper 12" _ Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Root Channels in Upper 12" Water-Stained Leaves Local Soil Survey Data _ FAC-Neutral Test Other (Explain in Remarks) Remarks: Upland area SOILS Map Unit Name (Series and Phase): Wedowee sandy loam 2-6% sl=s Drainage Class: Well Drained Taxonomy (Subgroup): Inic kanhaipludults Confirm Mapped Type? Yes,..-No Taxonomy (Subgroup): Confirm Mapped Type? Yeses No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munseii Moist) (Muns eil Moist) Abundance/Contrast Structure, etc. 0-2 A 2.5Y 5/4 silly sand 2-8 BE IOYR 7/6 sandy clayey silt 8-12 B1 IOYR 6/5 5Y R 5/8 10% clayey silt 12-22 B2 7.5YR 6/6 5Y R 5/8 30% silty clay with sand Hydric Soil Indicators: Histosol -Concretions _Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor Organic Streaking in Sandy Soils Aqui¢ Moisture Regime Listed On Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes No X Hydric Soils Present? Yes No X Remarks: Location U1 is classified as upland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. STATE OF NORTH CAROLINA COUNTY OF CONSERVATION EASEMENT OPTION AGREEMENT SPO File Number Project Name THIS OPTION AGREEMENT (this "Option Agreement"), made and entered into this S day Of r 2004, by and between North Wake Properties, LLC consisting of Edwin M. Speas, III, Member/Manager, 50% individual interest, and Timothy B. Keith, Member/Manager, 50% undivided interest, hereinafter, ("Grantor"), and the State of North Carolina, a body politic and corporate, and its successors and assigns ("State"). WITNESSETH in consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the State, and its successors and assigns, the exclusive right and option (the "Option") to be granted a conservation easement (the "Easement"), on certain sections of real property owned by Grantor. The parent property that will be subject to the Easement is identified as Deed Book 1375, Page 249, Franklin County Registry. It is understood and agreed that real property to be subject to the Easement shall be more exactly and precisely determined by a metes and bounds description and a survey. Description shall be subject to the approval of Grantor and Grantee (such property the "Easement Property"). The Easement Property is presently represented and approximated as shown on an unrecorded plat as provided by Grantor and titled "Wetland Easement Map, Shartree Subdivision". Ward & Associates, dated February 25, 2004. Areas as depicted on said plat may be amended or modified at the mutual agreement of Grantor and Grantee. The ;following terms, provisions, and conditions are further agreed to: 1. OPTION PERIOD. This Opt' all remain in effect and the Option shall be exercisable fronj the at Athat Wment has been executed by the Grantor until the ls` day of . The 5pion shall be exercised by posting notice to the Grantor at the following address: Exercise of the Optio hall erred timely if such written notice is mailed on on before oc,6 6;.- 20 '.zoo y 2. PURCHASE PRICE. The purchase price shall be $3,500.00 (THREE THOUSAND FIVE HUNDRED DOLLARS) per acre subject to survey. 3. EXECUTION. A conservation easement agreement in the form attached hereto as exhibit "A" granting the Easement shall be executed and delivered within 60 davs following the exercise of the Option. 4. SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final description of the Easement Property is subject to final description and survey to be mutually approved by Grantor and Grantee and that the costs of obtaining said description and survey will be paid by the State. -t . -11 5. DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a Easement in the form attached hereto as Exhibit "A", and any other documents necessary to grant the Easement in accordance with the terms of this Option Agreement. These documents will be prepared at the expense of the State. 6. MISCELLANEOUS CLOSING EXPENSES. The State will pay all charges arising due to the execution or recording of the Easement. 7. CONDITION OF PROPERTY/ RISK OF LOSS. In the event of any adverse change in the condition of the Easement Property prior to exercise of the Option, whether said change is caused by Grantor or by forces beyond Grantor's control, the State may elect a) not to exercise the Option or b) to exercise the Option and take its interest in the Easement Property subject to such change in condition. 8. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State. the State may elect to refuse to accept the Property. 9. REMEDIES. In addition to any other remedy specifically set forth in this Option, the State has the right to enforce the provisions of this Option through an action for specific performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 10. BINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor's heirs, executors, administrators, successors, and assigns. 14. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between then parties and cannot be changed except by written agreement. No representation or promise not included in this Option shall be binding upon the parties. 12. NO WAIVER. No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13. ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursuant to this Option. 1_ 11 c IN TESTIMONY THEREOF, the parties have hereunto set their hands and seals, or if corporate have caused this instrument to be executed in their corporate names by their duly authorized representatives as of the dates indicated below. For North Wake Properties, LLC Gr a,.? By: Edwin n M. Speas, III, Memb r/Manager Grantor B Timothy B. Keith, Member/Manager I- r s: STATE OF COUNTY OF PQ P-. ?-- I, J J ?% -S a Notary Public in and for the County and State aforesaid, do hereby certify that ti S /xA S personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this 57` day of 2004. 4 - AL't-, 14otary-Public My Commission Expires: STATE OF JY c bra r?. C ?r ?. I, I,j - l a Notary in and for the Coun v t and State aforesaid, do hereby certify that 7 personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. COUNTY OF WITNESS my hand and Notary Seal this da of ' Y , 2004. Notaryublic My Commission Expires: 4 x W EXHIBIT A Form of Conservation Easement STATE OF NORTH CAROLINA COUNTY SPO File Number Prepared by and return to: B1ane Rice, State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT DEED, made this day of , 2004, by ("Grantor"), to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et s ., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheaies, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the components of the Ecosystem Enhancement Program are (1) restoration and perpetual t maintenance of wetlands, riparian areas, and surface waters and (2) land ownership and management; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Protected Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Protected Property, thereby restricting and limiting the use of the included areas of the Protected Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such easement. This Conservation Easement shall be for the protection and benefit of the waters of if known, insert name of stream, branch, river `or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Protected Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract as shown on a plat of survey entitled dated , certified by , and recorded in Map Book , Page County Registry. Tract being more particularly described as follows: [INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT] The purposes of this Conservation Easement are to maintain, restore, enhance, create and preserve wetland; and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly w. c. reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited. MjW be modified on a case=by- case basis if approved by EEP B. Educational Uses. The Grantor reserves the right to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of diseased or damaged trees and vegetation that obstructs, destabilizes or renders unsafe the Easement Area, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. New ;Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or asphalt or concrete paving in the Easement Area. lMay be modified on a case--by-case base if approved by EEP ) H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Protected Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. _ 1. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. I Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or 7 tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, except as allowed by permitting authorities and related to the development of the proposed subdivision as shown on "Wetland Easement Map, Shartree Subdivision', Ward & Associates, dated February 25, 2004, any activity by the Grantor diverting, causing, allowing or permitting the diversion of surface or underground water into, within or out of the Easement Area is not allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Subdivision, partitioning, or dividing the Easement Area is prohibited. Unless agreed by the Grantee in writing, the Easement Area may be conveyed only as described herein and as a single block of property. Any lots created by subdivision will be sold subject to the conservation easement and the rights conveyed herein. M. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a cluster development arrangement. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non- native plans and/or animal species is prohibited. III. GRANTEE RESERVED USES The Grantee, and authorized representatives of the Grantee, shall have the rhilit to enter the Easement Area and shall have the right of reasonable ingress and egress to the Easement Area over the Protected Property, at all reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with a long-term management plan. These activities include planting of trees,: shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above around, and subterraneous water flow. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. a be thafred on case-by-case basis if approved by EEP ) The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the Ecosystem Enhancement Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619. III. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is -c . f inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at, law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connwtion with this Conservation Easement. B. Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Easement Area at reasonable times for the purpose of inspection to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or chance in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate. or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 9 Y t? IV. MISCELLANEOUS A. This Conservation Easement shall be construed to promote the purposes of N.C. Gen Stat. § 143-214.8 et sea•, the Ecosystem Enhancement Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Protected Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Protected Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any, portion thereof. F. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Protected Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, >he Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. 10 A , f tr. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day - and year first above written. (SEAL) NORTH CAROLINA 1. COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2004. Notary Public My commission expires: 12 .0 % Photographic Document of Riparian Wetlands December 8, 2003 North Wake Properties, LLC Proposed Shartree Farms Subdivision Pearces Road (State Road 1001) Franklin County, North Carolina Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. N Photograph Set Number Description Photo to northwest from proposed lot 36; headwater wetland, previously stripped and planted in fescue for pasturage, extends across low area in front of far hill; wetland hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2"d Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. 3 Photo to east from hill on proposed lot 34; 2nd Order stream flows from left, along toe of flax-colored slope, to right; I" Order stream/wetland in background extends from behind tall pines to left, joins 2"d Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2nd Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2nd Order stream shown at right; set of tall pines in center in background are pines referenced in Photo Sets 3 and 4; 2nd Order stream flows from off photo on far right, is joined by I" Order stream at center of right photo then flows south just right of tall pines and past shed in far background in center of right photo; trees past shed in far background are along beaver-impounded 3'd Order stream. 6 Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2nd Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. zf za / ?-? Bonn aye _ 03 3003 NoAn? ? ? I ? A m•soz anvu3. w vnn GWd W a N a z^ 1ho "..??111 acme 1` \ o- w9Zf 3OVd'066t M008 dYN o0" ux3doad s ?iSrid 3NLLSWIQ 9 -13WV0 Q Ala3na0d W ALON a ' 5j S380V st LM L26 V99s'l ` /- - N3M3SY3 MUM \ `? 30511 tl38Y \ ? ?- -? - t f+'' 6sr7 X36: L253 °°r) -?' ' 1361 t I ?aJ \ \ _ _ /6121 pu7 ,6Q 0 \rr r4) ? I J ? 5 J J y ?) 1 3 aI V3wlml 0 0 65"d' 9M 'O'0 OTId 'SRpd dn0a0 sNva 3/N za-u pt:¢ W ?ma°Yi a >p6 Ala >rM lnnl rB1uO6 9rp.rM6q p W7 pll M 6YAN Nwi w uoAm!.p19 !61A1 RO W ? .W i° n M RM e A ? A? M b?. q+6!A 161 ML*S p r!7'!'rpl T6 •Mr6?? PVlO? w p M ? ?6.u'N e ? W oYTI ? p r Iw6?Y+N rA P'!vVl a VI M w0 M p 161'?WS n Al YAM wwpwp m Tn p e ww 1AW IM ? TAM MIrN 0I.A Mltr -6 $'tq6 ua nJ ?356 L2 7L - 3 / ?' M1 tl l?°T ? S f) ) fp )\?? I r7 ? / I I / ?35\\ II" l l / C) On G ues_?ti / %? l m° '... r' v196691 .` I 'a> 1 n3Sa3 ONV 11A o ' n 3051 V3Ntl ND QUO U) a o< WO 8 z a ID M1? 12Z-Lfi 30nS W 3lli Oa003a 1Vld ONV1a31aL5 Nv3f vnn3 d/N ? ! M 31841 ]A ff 6K0d'7WC8'0 ulr3a R S7S301M 30VIrnH 3M J/N Tip I X u'LPw UcL l'qv. Photo Set No. 2 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC - Wetlands Permitting Project No. 03011 North Wake Properties, LLC - Wetlands Permitting Photo Set No. 3 ruuw 3ef 1-40.4 ARMSTRONG Environmental, P.C. Photo Set No. 5 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC -Wetlands Permitting r Office Use Only: Form Version May 2002 0407 36 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or `N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit X Riparian or Watershed Buffer Rules Section 10 Permit Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: E] 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: F 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: EJ II. Applicant Information 1. Owner/Applicant Information Name: North Wake Properties. LLC Contact: Eddie Speas Mailing Address: 7612 Literary Lane Wake Forest, North Carolina 27587 Telephone Number: (919) 556-2700 Fax Number: (919) 570-3092 F,-mail Address: eapeas@an-realtors.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: H. David LaTowskv. P.E. Company Affiliation: ARMSTRQNG Environmental, P.C. Mailing, Address: 4011 WestChase Boulevard, Suite 110 Raleigh- Nprth Carolina 27607 Telephone Number: (919) 838-9933 Fax Number: (919) 838-9931 E-mail Address: armgeoeniz@mindspring.com WETLANDS 1401 GROUP MAY 0 6 2004 Page 5 of 14 WATER QUALITY SECTION III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Shartree Farms Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 2800-88-5522 4. Location County: Franklin Nearest Town: Bunn Subdivision name (include phase/lot number): Shartree Farms Phases I & II (Lots 1 - 55) Directions to site (include road numbers, landmarks, etc.): From Bunn: west on NC Highway 98 approximately 2 miles to "Five Points"; north on State Road 1001 (Pearces Road) appproxunately 0.4 miles; entrance to property on left (west) side of S.R. 1001 5. Site coordinates, if available (UTM or Lat/Long): 35°58'00" N 78°17'45" W 6. Property size (acres): Approximately 158 acres 7. Nearest ',body of water (stream/river/sound/ocean/lake): l' and 2"d Order streams traverse propaly 2"d Order stream bisects prropeily from northwest to southeast, joins 3rd Order stream/swamp that flows along south boundary line from west to east 3'd Order stream is unnamed tributary of Crooked Creek located approximately 1 mile east of the property. 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hM://h2o.enr.state.nc.us/admin/maps/.11 9, Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: _Property consists of rolling topography (215 to 260 feet above Page 6 of 14 mean sea level) that in cludes 4+ yea rs fallow pasturage (approx 40% of property). overgrown evergreen silviculture (approx. 10% ). 4+ y ears re-growth of clear-cut (approx 30%), and a dendritic system of ls` 2"d, and 3`d Order pe rennial streams with riparian wetlands in various stages of recovery fro m former agri cultural impacts approx 20%) Stream/wetland system extends across the pro per from h eadwate r seepages between upland knolls down hillside draws to riparian bott omland 1` a nd 2nd Order streams flow from northeast to southwest in mainstem 2' Ord er stream tha t flows from northwest to southeast and roughly bisects the property. Mainst em 2' Order stream -joins a 3`d Order stream that flows from west to east U a succession of beaver impo undmen ts along the south property line A farm pond is on the east side of the property app roxima tely midway along a 1" Order stream Riparian wetlands along mainst em 2nd Order stream were severely impacted by prior agricultural land use but show indicati ons of regene rating. This stream's upper reach is more incised and regeneration of the rip arian wetland s along the west side is hindered by thick fescue cover. Stream base-flows, rip arian wetland s, and u pland draws are maintained by persistent lateral- flow ground water see page even du ring dr ought conditions. Adjacent properties consist of agricultural fields and woodland. 10. Describe the overall project in detail, including the type of equipment to be used: Residential subdivision consisting of single-family homes approx. 1.500 to 2.800 square feet on lots ranging from 1 to 4 acres; lots will have access to public water (Franklin Co.), electrical service (pad-mounted transformers), and use septic systems for on-site wastewater treatment. Applicant has developed site plan and identified suitable soil areas on each lot for road construction. utility extensions. and stream/wetland crossings. Light duty (Bobcat-type) rubber-tired loaders will be used to construct stormwater BMPs including grass-covered swales as level-spreaders for dissipating runoff from roadside ditches into sheet flow along edge of buffer areas. 11. Explain the purpose of the proposed work: To prepare the property for the sale of individual lots to prospective homeowners; construction of individual residences to be contracted privately by propga owners after purchase of lot. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Page 7 of 14 V. Future Project Plans Are any ,future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands„ open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Riparian buffers, wetlands, and stream channels will only be impacted by subdivision road/utility crossings at the 5 enumerated locations shown of the attached site plan. The crossings will consist of culverts placed in the stream channel at sufficient depth so as not to change the channel elevation. The site plan precludes any i=act to buffers and/or wetlands in order to access buildable areas o1i individual lots. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 clear, fill, grade 0.020 'No Crosses Riparian, fallow pasture 2 clear, fill, grade 0.055 No Crosses Riparian, primary forest 3 clear, fill, grade 0.054 No Crosses source Riparian, primary forest 4 clear, fill, grade 0.075 No Crosses Riparian, primary forest 5 clear, fill, grade 0.087 No Crosses Riparian, fallow pasture * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htro:Lymay.fema gov. *** Gist a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Approx. 36 acres Total area of wetland impact proposed: Approximately 0.29 acre Page 8 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 culvert, stabl. 50 V Ord. UT Crooked Crk 2 foot Perennial 2 culvert, stabl. 50 In Ord. UT Crooked Crk 2 feet Perennial 3 culvert, stabl. 110 V Ord. UT Crooked Crk 1.0 foot Perennial, source 4 culvert, stabl. 50 V Ord. UT Crooked Crk 3 feet Perennial 5 culvert, stabl. 50 Ord. UT Crooked Crk 5 feet Perennial dream name: an are unnamea tnoutanes tnat converge, now to t rookea ureeu located approximately 1 mile east of property. t At this impact site, west side of road crosses source area of stream; consequently, stream channel impact length only 10 feet. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip- rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com. www.maMuest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 210 feet of right-of-way- 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identity temporary impacts. impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation: N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): Ej uplands F1 stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Page 9 of 14 VII: Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. A dendritic system of V and 2"d Order perennial streams with riparian wetlands and upland draws extend across the property and ultimately drain into a 3`d Order stream that flows along the southern property boundary See attached Photographic Document and Wetland Delineation Map The site plan design not only protects the existing dendritic stream-wetland system but also protects severely degraded but critical riparian areas in order to achieve natural regeneration for the system's long-term ecological integrity. Im=pacts to jurisdictional areas (wetlands, streams duffers) are minimized within the constraints of site topoogrmphy, dendritic drainages and pr iect financial viability by: 1) limiting the number of subdivision road/utility crossings of jurisdictional areas while maintaining access to buildable areas, 2) siting road crossings where riparian wetlands are narrow, 3) siting roads and crossings so that access to buildable areas of the lots will not require impact to jurisdictional areas 4) locating lot lines along, jurisdictional areas to protect the jurisdictional areas by incorporating them as natural border zones, and to optimize access and usage of buildable areas, 5) planning larger lots with moderate-sized homes for a low ratio of impervious to pervious acreage for stormwater management Construction methods will include limiting land disturbance to roadway right-of-ways only Sediment and erosion control techniques will be implemented in accordance the BMPS outlined in the latest edition of the Erosion and Sedimentation Control Planning and Design Manual issued by the North Carolina Division of Land Resources and the Sediment Control Commission VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 14 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hap://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for riparian wetland b uffer and stream channe l impacts will be provided on-site All of the delineated ri parian w etlands, buffers and stre am channels will be protected by deed r estrictions that will indic ate the wetland and/or buffer boundaries (which ever is greater ), A 85% of the riparian wetla nds. buffers, and stream channels will also be prot ected in perpetui ty by a sta te-held Conserva tion Ea sement (CE) A copy of the signed Option Agreement betw een the Grantor (North W ake Pr operties) and the Grantee (State of North Carolina) is atta ched with this Preconstruc tion No tification The Option Agreement include s a copy of the C E docum ent as Exhibit A The C E prohibits all impacts to wetlands buffers , and stream cha nnels spe cified by the eas ement, and the easement areas located on individ ual lots will be r ecorded on the deeds for th ose lots and include all prohibitions against specifi ed impacts Bec ause the proposed develo pment p lan includes maintaining the farm pond, the pond and wetland/b uffer/stream areas ul2 md-ient are not included in the Conservation Easement but will b e identified on d eeds as protected jurisdictional areas For mitigation, the de signated CE also includes several acres of land that extend be yond the regulated buffer zones but consist of former ripar ian wetlands (in particular, aalong th e middle reach and west side u pper reach of the 2"d Order stream) that were converted to pasturage an d severely impacted by previous livestock agricult ure. (See Photographic Document ). Given their condition thes e areas could justifiably be determined non-wetland (dense fescue vegetation and partia lly oxidized hydric soils) and excluded from protection base d on the 1987 USACE Deline ation Manual. However, s ince October 2000. Armstrong has o bserved that these areas exhib it persistent hydrologic co nditions and. having been fallow for several years, are supporting the nascent regeneration of hydroph, is vegetation. By includi ng these within the CE, the a pplicant is providing critic al protection that will allow the c ontinued natural regeneration o f vital riparian areas. In some of these areas. the EEP may want to annly an herhicide to remove the fescue vegetation and allow more rapid reestablishment of In addition, the applicant will gift-donate to the state of North Carolina the 1.83 acres of wetland on the east side of State Road 1001 in the southeast corner of the property and Page 11 of 14 2. IX. approximately 5 acres of stre /swamp/wetland immediately west of State Road 1001 both are portions of 3nd Order stream/swamp along the south property line) The applicant will also 1) M for removal of the existing in-stream culvert near the bottom of the 2n1 Order stream and removal of the nearby abandoned culvert lying in the riparian area, and twill Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at htip://h2o.enr.slate.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes No X If yes, doss the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? ;Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes E] No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 12 of 14 Regional Office may be included as appropriate. Photographs may also be included at the applica#t's discretion. Will the project impact protected riparian buffers identified within 15A WAG 2B-.0-23-3. (Neuse), 15A NCAC 2B 0259 (Tar-Pamlicol, 15??GAG 30 (Randleman 444e&-and Water- Supply Buffer- , or other (please identify P Yes X No El If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 15,000 3 45,000 2 10,000 1.5 15,000 Total 60,000 Lone t extenas out su teet perpenalcuiar tram near banK of cnannet; Gone 1 extenas an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. See detailed discussion in Section VII Mitigation Part 1. As discussed above, a state-held Conservation Easement (CE) will be established for approximately 85% of total riparian wetlands, buffers. and stream channels that will protect jurisdictional areas against impacts in perpetui . Jurisdictional areas not located within the designated CE will be protected by deed restrictions that will identify the jurisdictional areas on individual deeds. X1. Stormwatsr (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Except for four small outbuildings and an abandoned mobile home fall to be removed by annlicant), no existing i rvious surfaces currently exist on the 1 58+-acre site. Development of the subdivision will result in impervious surface area of LLUlIl Wiyaw Lubluy,11Gy,b. lily, VV111L-bVlusiy, u1b611aigg. Vl SLU1111W21Ly,l 111LV AUQUIUL1ULLM diVUb Will be prohibitW by the CE, and the applicant will recommend low-impact develo ment (LID) Page 13 of 14 X11, Sewage Disposal (required by DWQ) 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. Each residential proper will have sufficient land area of suitable coil to provide the nitrification area and a repair area for an on-site sop is system designed for the treatment and non-discharge of wastewater from a 3-bedroom house XIII Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes n No X Is this an after-the-fact permit application? Yes No X XIV. Other Ci>cumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). WA _ Y- 7- oy Apoicant/AgenesAignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 r J 67- it ?I 1 L 607 Site i I Oft u I ? ;; 1 # „ . ?1, (f l ?jf r .! 1 •!? it I'2 S,< / •il ,: t, ly?'? 1 + - .'46,0 /? (?- , - u ?O I tis ?7y ?, J? J, s1\ Bunn a??r er .Five Puiia s . t, m. , 17 , Lo )14 (E Sao/ f - ond i `aeb'. ?) a" t"1'• ti" • 211 r lr.? BUNN WEST QUADRANGLE NORTH CAROLINA 7.5 MINUTE SERIES (TOPOGRAPHIC) p1N ! Scale: V = 2000' !c" Contour Interval = 10' e9 MILS'''`1'35' Figure 1: Site Vicinity Map :!28MIL$ ARMSTRONG Environmental P.C. Proposed Shartree Farms Subdivision i State Road 1001 Drawn by: D. LaTowsky Date: May 19, 2003 ;M ,4„ MAGNF Franklin County, Bunn, North Carolina (4 NATION AT ; 1 NII Approved by: /?/ Date: S -Z - 03 E 1 Wec Figure 2: Site Soil Map Soil series map courtesy of Proposed Shartree Farms Subdivision Franklin County Soil Survey State Road 1001 Franklin County, Bunn, North Carolina Scale: V= 2000' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: April 6, 2004 Approved by: 14 LA Date: 4? /x/d ,? j I I L DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes Nom Community ID: Floodplain Is the site significantly disturbed (Atypical situation)? Yes_X_ No Transect ID: Is the area a potential problem area? Yes NoX Plot ID: W1 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. salix nigra _W? OBL 9. peltandra virginica 1 OBL 2. acer rubrum Wu FAC 10. 3.T cephalanthus occidentalis W J OBL 11. 4.? sambucus canadensis W _ FACW- 12• 5. alnus serrulata W U FACW+ 13. 6. iuncus effusus HU FACW+ T 14. saururus cernuus HU OBL 7. 15. 8. polygonum spc. HU FACW+ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Sample plot WI is located on the west side of the 2nd Order stream in a broad riparian-zone floodplain. Whale farmed, the floodplain had been cleared, partially drained, and planted with fescue for livestock pasturage severely impacting the riparian wetland. However, after approximately 5 years fallow, hydrophytic vegetation is stabilizing the streambanks and slowly reclaiming the floodplain. In plot W 1, geater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Woody vegetation overstory is absent; a primary growth stage woody understory is sparse in the floodplain and dense along the stream channel; the herbaceous vegetation is currently the dominant stratum. HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other * x Inundated (moderately at times) X_Saturated in Upper 12" No Recorded Data Available _ Water Marks Drift Lines Field Observations: _ Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: *1- in.) Secondary Indicators: - Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: 1 in.) _ Water-Stained Leaves x Local Soil Survey Data Depth to Saturated Soil: 0 (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% slopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup): Chewacla: fluvaQ entic yst_roch_=ts Confirm Mapped Type? Yes X No Taxonomy (Subgroup): Wehadkee: typic fluvaquents Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (aches) Horizon (Munseil Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-11 A 10YR 5/2 sandy silt 11112_ B 5Y 511 5YR 4/4 silty clay Hyrdric Soil Indicators: Histosol _ Concretions _Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils x Sulfidic Odor x Organic Streaking in Sandy Soils x Aquic Moisture Regime x Listed On Local Hydric Soils List x Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Several areas in the floodplain, the Wehadkee soils are overlain with apparent erosion deposition of sandy material from the Wedowee soils of the adjacent hillsides. Furthermore, in the northern section of the broad floodplain where the 2"d Order stream has become more incised, the soils indicate conditions that were formerly hyd?ic, but, due hydrologic changes from converting large areas to pasture, have become aerobic and eroded. WETLAND DETERMINATION Hydtophytic Vegetation Present? Yes X_ No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yeses No Hydkic Soils Present? Yes X_ . No Remarks: Sample plot W1 is in broad floodplain area that had previously been cleared of woody vegetation and converted to pasturage and the stream moderately channelized during previous property ownership. The land use for livestock pasturage severely impacted the broad riparian wetland; however, is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27. 2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No X Community ID: Wetland Is the site significantly disturbed (Atypical situation)? Yes__X_ No Transect ID: Is the area a potential problem area? Yes No X Plot ID: W2 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. salix nigra WO OBL 9. 2. , magnolia virginiana WO FACW+ 10. smilax laurifolia Vine FA W+ 3. liguidambar styraciflua V?V _ FAC+ 11. 4. arundinaria gigantea W FACW 12. 5. iuncus spc. HU _ A W 13. 6. impatiens capensis H FACW 14. 7. cyperus odoratus HU FACW 15. 8.^ murdannia keisak HU OBL 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Greater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot located in proposed subdivision lot no. 22 in moderately disturbed hillside draw where persistent ground water seepage gives rise to a V Order stream; woody overstory dominants include mature black willows and several large sweet bays. HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: 8 (in.) Depth to Saturated Soil: 2 (in.) Wetland Hydrology Indicators Primary Indicators: _ Inundated 3 Saturated in Upper 12" Water Marks _ Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: _ c• Oxidized Root Channels in Upper 12" • Water-Stained Leaves • Local Soil Survey Data _ FAC-Neutral Test Other (Explain in Remarks) Remarks: Seepage stream is identified as intermittent on USGS quadrangle; however, even during drought conditions in October 2000, seepage exhibited persistent flow. Due to immediately adjacent pasturage land use, hydrological effect caused nearby stream channel to become incise; otherwise, depth to free water in pit would likely'be less than 8 inches. SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% sl opes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup):Chewacla: fluvaquentic d ystrochrents Confirm Mapped Type? Yes-,X No Taxonomy (Subgroup):Wehadkee: tvuic fluvaq uents Confirm Mapped Type? Yes_YXNo Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (1nches) Horizon (Munsell Moist) (Munse ll Moist) Abundance/Contrast Structure. etc. 0,8 A 2.5Y 3/1 silly sand 8;24 B 2.5Y 4/1 sandy clay 24- C 5Y 6/1 sand Hydric Soil Indicators: Histosol _ Concretions _ x Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils x Sulfidic Odor x Organic Streaking in Sandy Soils • Aquic Moisture Regime x Listed On Local Hydric Soils List • Reducing Conditions x Listed on National Hydric Soils List • Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X_ No Within a Wetland? Yeses No Hydric Soils Present? Yes X No Remarks: Location W2 is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27 2003 Applicant / Owner: North Wake Properties. LLC . County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No__ Community ID: Upland Is the site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is the area a potential problem area? Yes No X Plot ID: Ul (explain on reverse if needed) VEGETATION Dominant Plant SpQcIes Stratum Indicator 11, quercus alba wo _ FACU 2. liriodendron tulipifera CVO FAC 3. carya tomentosa wo _FACU 4. iuniperus virainiana WI FACU- 5.12inus taeda W U FAC 6. ilex Waca W U FAQ- 7. 8. festuca soc. H FAQ- Dominant Plant Species Stratum Indicator 9. _ rubus betulifoia HU FAC 10. leEpedeza spc. U FACU 11. 12. 13. smilax rotundifolia Vine FAC_ 14. 15. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15% Remarks: Few of the species are classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was on a hill at the edge of former livestock pasturage area in proposed subdivision lot no. 13; woody overstory dominants were mature andyoung white oak and tulip trees, several young cedars dominated HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other --,X_ No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: >24 (in.) Depth to Saturated Soil: > 24 (in.) Wetland Hydrology Indicators Primary Indicators: Inundated Saturated in Upper 12" Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Root Channels in Upper 12" Water-Stained Leaves _ Local Soil Survey Data _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: Upland area Map Unit Name (Series and Phase): Wedowee sandy loam 2-6% slg= sDrainage Class: Well Drained Taxonomy (Subgroup): ty_pic kanhalpludults Confirm Mapped Type? Yes, No Taxonomy (Subgroup): Confirm Mapped Type? Yes.X_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Mois t) Abundance/Contrast Structure. etc. 0-2_ A 2.5Y 5/4 silty sand 2-8 BE IOYR 7/6 sandy clayey silt 8-12 B1 IOYR 6/5 5YR 5/8 10% clayey silt 12-22 B2 7.5YR 6/6 5YR 5/8 30% silly clay with sand Hyddric Soil Indicators: Histosol - Concretions Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime Listed On Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes No X Hydric Soils Present? Yes No W15TLAND DETERMINATION Remarks: Location Ul is classified as upland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. I STATE OF NORTH CAROLINA COUNTY OF CONSERVATION EASEMENT OPTION AGREEMENT SPO File Number Project Name THIS OPTION AGREEMENT (this "Option Agreement"), made and entered into this S day ol. _2004, by and between North Wake Properties, LLC consisting of Edwin M. Speas, III, Member/Manager, 50% individual interest, and Timothy B. Keith, Member/Manager, 5,0% undivided interest, hereinafter, ("Grantor"), and the State of North Carolina, a body politic and corporate, and its successors and assigns ("State"). WITNESSETH In consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the State, and its successors and assigns, the exclusive right and option (the "Option") to be granted a conservation easement (the "Easement"), on certain sections of real property owned by Grantor. The parent property that will be subject to the Easement is identified as Deed Book 1375, Page 249, Franklin County Registry. It is understood and agreed that real property to be subject to the Easement shall be more exactly and precisely determined by a metes and bounds description and a survey. Description shall be subject to the approval of Grantor and Grantee (such property the "Easement Property"). The, Easement Property is presently represented and approximated as shown on an unrecorded plat as provided by Grantor and titled "Wetland Easement Map, Shartree Subdivision". Ward & Associates, dated February 25, 2004. Areas as depicted on said plat may be amended or modified at the mutual agreement of Grantor and Grantee. The following terms, provisions, and conditions are further agreed to: 1. OPTION PERIOD. This Opt' all remain in effect and the Option shall be exercisable from tt eft It ment has been executed by the Grantor until the I" day of APR! w .- The p ion shall be exercised by posting notice to the Grantor at the following address: Exercise of the Optio hall erred timely if such written notice is mailed on or before A?1-1; 2@Q (?c,6 ?.. /? ROo y 2. PURCHASE PRICE. The purchase price shall be $3,500.00 (THREE THOUSAND FIVE HUNDRED DOLLARS) per acre subject to survey. 3. EXECUTION. A conservation easement agreement in the form attached hereto as exhibit "A" granting the Easement shall be executed and delivered within 60 days following the exercise of the Option. 4. SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final description of the Easement Property is subject to final description and survey to be mutually approved by Grantor and Grantee and that the costs of obtaining said description and survey will be paid by the State. 5. DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a Easement in the form attached hereto as Exhibit "A", and any other documents necessary to grant the Easement in accordance with the terms of this Option Agreement. These documents will be prepared at the expense of the State. 6. MISCELLANEOUS CLOSING EXPENSES. The State will pay all charges arising due to the execution or recording of the Easement. 7. CONDITION OF PROPERTY/ RISK OF LOSS. In the event of any adverse change in the condition of the Easement Property prior to exercise of the Option, whether said change is caused by Grantor or by forces beyond Grantor's control, the State may elect a) not to exercise the Option or b) to exercise the Option and take its interest in the Easement Property subject to such change in condition. 8. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State, the State may elect to refuse to accept the Property. 9.; REMEDIES. In addition to any other remedy specifically set forth in this Option, the State has the right to enforce the provisions of this Option through an action for specific performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 1011 BINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor's heirs, executors, administrators, successors, and assigns. 11. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written agreement. No representation or promise not included in this Option shall be binding upon the parties. 12. NO WAIVER. No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13. ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursuant to this Option. IN TESTIMONY THEREOF, the parties have hereunto set their hands and seals, or if corporate have caused this instrument to be executed in their corporate names by their duly authorized representatives as of the dates indicated below. For North Wake Properties, LLC Gra By: Edwin M. Speas, III, Memb r/Manager Grantor B Timothy B. Keith, Member/Manager 3 STATE OF v _.A COUNTY OFa ?? ?? y- I, J J Mwos , a Notary Public in and for the County and State aforesaid, do hereby certify that dL 4'? ?-? S S ?_ i -M. personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. ,57' WITNESS my hand and Notary Seal this day of '2004. 1? of ,Public My Commission Expires: STATE OF COUNTY OF ?-- 1, lt^' a Notary Public in and for the County and State aforesaid, do hereby certify that 7-/ r? s personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. 4p? WITNESS my hand and Notary Seal this Y of 2004. _??! , Notaryublic My Commission Expires: 4 EXHIBIT A Form of Conservation Easement STATE OF NORTH CAROLINA CONSERVATION EASEMENT COUNTY SPO File Number Prepared by and return to: Slane Rice, State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS CONSERVATION EASEMENT DEED, made this day of , 2004, by , ("Grantor"), to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, their heirs. successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et sea., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for'the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8t' day of February 2000; and WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the c, omponents of the Ecosystem Enhancement Program are (1) restoration and perpetual maintenance of wetlands, riparian areas, and surface waters and (2) land ownership and management; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Protected Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Protected Property, thereby restricting and limiting the use of the included areas of the Protected Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such easement. This Conservation Easement shall be for the protection and benefit of the waters of if known, insert name of stream. branch, river- or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of,the Protected Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract as shown on a plat of survey entitled dated certified by , and recorded in Map Book , Page County Registry. Tract being more particularly described as follows: [INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT] The purposes of this Conservation Easement are to maintain, restore, enhance, create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited. Waybe modified on a case-by-,' case basis if apnroyed by EEP.) B. Educational Uses. The Grantor reserves the right to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of diseased or damaged trees and vegetation that obstructs, destabilizes or renders unsafe the Easement Area, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. New Construction. There shall be no building, facility, mobile home. antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or asphalt or concrete paving in the Easement Area. (May be ynodified on `a case-by-case basis it approved by EEP ) H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Protected Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. - 1. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or 7 tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, except as allowed by permitting authorities and related to the development of the proposed subdivision as shown on "Wetland Easement Map, Shartree Subdivision", Ward & Associates, dated February 25, 2004, any activity by the Grantor diverting, causing, allowing or permitting the diversion of surface or underground water into, within or out of the Easement Area is not allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Subdivision, partitioning, or dividing the Easement Area is prohibited. Unless agreed by the Grantee in writing, the Easement Area may be conveyed only as described herein and as a single block of property. Any lots created by subdivision will be sold subject to the conservation easement and the rights conveyed herein. M. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a cluster development arrangement. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non- native plans and/or animal species is prohibited. III. GRANTEE RESERVED USES Area, in accordance with a long-term management plan. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above ground, and subterraneous water flow. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. a be modified on case-bv-case bans if approved by EEP ) Area over the Protected Property, at all reasonable times to undertake any activities manage, maintain, enhance, and monitor the wetland and riparian resources of the The Grantee, and authorized representatives of the Grantee, shall have the ri?ight to enter the Easement Area and shall have the right of reasonable ingress and egress to the Easement The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the Ecosystem Enhancement Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619. III. ENFORCEMENT AND REMEDIES to restore, Easement A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Easement Area at reasonable times for the purpose of inspection to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incuiTed by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this, easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 9 i IV. MISCELLANEOUS A. This Conservation Easement shall be construed to promote the purposes of N.C. Gen Stat. § 143-214.8 et sea.• the Ecosystem Enhancement Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Protected Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Protected Property is conveyed subject to the C©nservation'.Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any, portion thereof. F. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(,h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Protected Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. 10 TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) NORTH CAROLINA 1. COUNTY OF a Notary Public in and for the County and State aforesaid, do hereby certify that Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2004. Notary Public My commission expires: 12 Photographic Document of Riparian Wetlands December 8, 2003 North Wake Properties, LLC Proposed Shartree Farms Subdivision Pearces Road (State Road 1001) Franklin County, North Carolina Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C i Photograph Set Number Description 1 Photo to northwest from proposed lot 36; headwater wetland, previously stripped and planted in fescue for pasturage, extends across low area in front of far hill; wetland hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2"d Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. 3 Photo to east from hill on proposed lot 34; 2"d Order stream flows from left, along toe of flax-colored slope, to right; V Order stream/wetland in background extends from behind tall pines to left, joins 2nd Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2nd Order stream shown at right; set of tall pines in center in background are pines referenced in Photo Sets 3 and 4; 2nd Order stream flows from off photo on far right, is joined by I" Order stream at center of right photo then flows south just right of tall pines and past shed in far background in center of right photo; trees past shed in far background are along beaver-impounded 3`d Order stream. 6 Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2"d Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.I - rnoto Lei no. -t Photo Set No. 2 Project No. 03011 Nor fJ-i W-I' m 11 opc-f on Project No. 03011 North Wake Properties, LLC - Wetlands Permitting Photo Set No. 3 Photo Set No. 4 ARMSTRONG Environmental, P.C. J Photo Set No. 5 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC -Wetlands Permitting a / °?r,°0i'> 1 Y13SY3 ONYUA i /// orn 306W tl3NY z< 0. ! « - / Y n ? rDr ONDd mud $ rn9n r / \ 1 I 1? \o JJ is 11'1 p i{L'NK ONY71? M Y3YY ` II _ g \o !l\ \ 1 g M9ZC 37Yd b661 DB dYh W 1'ymg ` OY Do5 ue3d3d13 3 i roYn / - $$?' \ gS ''{jeYd 3NI1SWHO V 0 ' ? ? / ? \\\ \A, r ?? A1tl311M0! YO NAN L22, J 7 L32 L31 J,' L28- qN3K3SY36?8Y 53 1, 7 53 snl \ ?S? - _ _ ?a?n DCZ1 { o Ora :;p 144%4 z r`r7h Z , \3 ?f a r t , 9 " ek, J ice 00, Y3NY 9N650e7o /, /? 2 \ -Yp ? yb Zp u e _ rry um u 0 6u1 ry ry rp ?? ? "? ?.. Jr 6cn 6SL"Jd'9111 'BO P\ I + D11d'SNW1 dfgiq SNYO l/N IF ?" °-°4t? b J ww 4r;r7PVbS ? f ti ?, wF 6x-n ps;a °?m"'Yn V9%/ ? / ? 6K'0d'9WI'B'D / 6 u,Y3a Y Stl3D9116 30Y1M3x 3D10 A/N ?? m dd SN ,?Qv - / ? ? i V? aJO Tee _.? ?b 1191 1 ` 11 661 -O1 ,nm, mP..6 ew6M m,?aD.lm, NI N4'6P eFre .• e6ewuw eW T4 eM W -" M Im l961 ^,"wa6>y m6?p6u Tlaui .Ii9M tq W ?eWN6u l-Ww ?^ p M ? dwc a ?. W pela Tel vp m P6a b P.mw m W T91 mq M p 161 WPe5 T 1'a'?N yep/bi Tmye• 6'pp'! Tn N p e?P p em P /PPS s sn - p'•P m mYFem. pp ro 0 M» M6 p'd °y6n 4d 62 <2 t sm'Arl<l ,ZZ-Z6 30115 'fl 3-u 080038 111 0NY1N0W1S NY3f YNN3 yN Office Vse Only: Form Version May 2002 040736 Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit X Riparian or Watershed Buffer Rules ? Section 10 Permit D Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: E] 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: E] II. Applicant Information 1. Owner/Applicant Information Name: North Wake Properties, LLC Contact: Eddie Speas Mailing Address: 7612 Literary Lane Wake Forest. North Carolina 27587 Telephone Number: (919) 556-2700 Fax Number: (919.) 570-3092 E-mail Address: eapeas@,ag-realt=.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: H David LaTowsky. P E Company Affiliation: ARMSTRONG Environmental P.C. Mailing Address: 4011 We Whase Boulevard, Suite 110 Raleigh Notch Carolina 27607 Telephone Number: (919) 838-9933 Fax Number: (919) 838-9931 E-mail Address: artnizeoeniz@mindaprini!.com WETLANDS 1401 GROUP Page 5 of 14 MAY 0 6 2004 WATEK QUAL14Y SECTION III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Shartree Farms Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 2800-88-5522 4. Location County: Franklin Nearest Town: Bunn ,Subdivision name (include phase/lot number): Shartree Farms Phases I & II (Lots 1 - 55) Directions to site (include road numbers, landmarks, etc.): From Bunn: west on NC HighwaX 98 =roximately 2 miles to "Five Points"; north on State Road 1001 (Pearces Road) ?pproxi ately 0.4 miles; entrance to proper on left (west) side of S.R. 1001 5. Site coordinates, if available (UTM or Lat/Long): 35°58'00" N 78°17'45" W 6. Property size (acres): Approximately 158 acres 7. Nearest body of water (stream/river/sound/ocean/lake): 1" and 2"a Order streams traverse plQpga; 2nd Order stream bisects proper from northwest to southeast. joins 3' Order stream/swamp thit flows along south boundary line from west to east. 3' Order stream is unnamed tributary of Crooked Creek located approximately 1 mile east of the property. 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hU://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Pr=gU consists of rolling togog_=-hy (215 to 260 feet above Page 6 of 14 mean se a level) that includes 4+ ye ars fallow pasturage (app rox. 40% of property). overgrown evergree n silviculture (approx. 10 %), 4` y ears re-growth o f clear-cut (approx. 30%), and a dendriti c system of 1". 2"d and 3rd Order p erennial streams with riparian wetlands in various stages o f recovery fro m former ag ricultura l impacts (Wro x. 20%). Stream/wetland system extends across the pr operty from headwat er seepages betw een upland knolls down hillside draws t o riparian bott omland. V and 2"d Order streams fl ow from northeast to southwest, ,join ma instem 2"d Or der stream th at flows from northwest to southeast and roughly bisects the prop erty. Mains tem 2nd Orde r stream joins a 3`d Orde r stream that flows from west to east as a succession o f beaver imp oundme nts along the sou th property line. A farm pond is on the e ast side of th e property a pproxim ately midway al ong a 1 S` Order stream. Riparian wetland s alongmains tem 2"d Orde r stream were severely i mpacted by prior agricultural land use but show indicat ions of rege nerating. This stream's upper reach is more incised and regener ation of the ri parian wetla nds alon g the west side i s hindered by thick fescue cover. Stream base-flows, ri parian wetlan ds, and upland draws ar e maintained by persistent lateral- flow gr ound water se epage even during drought conditions. Adjacent properties consist of agricult ural fields and woodland. 10. Describe the overall project in detail, including the type of equipment to be used: Residenti al subdivision c onsisting o f single-fa mily homes approx. 1.500 to 2.800 square feet on lots ra nging from 1 to 4 acres: lots will have acce ss to public water (Franklin Co.). electrical service (pad-mo unted tran sformers). and use se ptic systems for on-site wastewater treatment. Applicant has developed site plan and identifie d suitable soil areas on each lot for septic sy stems and plan s to const ruct subd ivision roadways, extend water and electric utilities., a nd sell lots. He avy equip ment (doz ers. graders. dump trucks. etc.) will be used for road cons truction, utility extensions. and strea m/wetland c rossings. Light duty (Bobcat-type) rubber-tir ed loaders will be used t o constru ct stormwater BMPs including grass-covered swales as level-spreaders for dissipa ting runo ff from roa dside ditches into sheet flow along edge of b uffer areas. 11. Explain the purpose of the proposed work: To prepare the property for the sale of individual lots to prospective homeowners; construction of individual residences to be contracted privately by p=ga owners after purchase of lot IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Page 7 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Riparian buffers. wetlands, and stream channels will only be impacted by subdivision road/utility crossings at the 5 enumerated locations shown of the attached site plan. The crossings will consist of culverts placed in the stream channel at sufficient depth so as not to change the channel elevation The site plan precludes any impact to buffers and/or wetlands in order to access ild le areas on individual lots. 2. Individually list wetland impacts below: Wetla4d Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 clear, fill, grade 0.020 No Crosses Riparian, fallow pasture 2 clear, fill, grade 0.055 No Crosses Riparian, primary forest 3 clear, fill, grade 0.054 No Crosses source Riparian, primary forest 4 clear, fill, grade 0.075 No Crosses Riparian, primary forest 5 clear, fill, grade 0.087 No Crosses Riparian, fallow pasture * List each impact separately and identify temporary ' impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htW://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Approx. 36 acres Total area of wetland impact proposed: Approximately 0.29 acre Page 8 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 culvert, stabl. 50 l',` Ord. UT Crooked Crk 2 foot Perennial 2 culvert, stabl. 50 1` Ord. UT Crooked Crk 2 feet Perennial 3 ! culvert, stabl. 110 1" Ord. UT Crooked Crk 1.0 foot Perennial, source 4 culvert, stabl. 50 1' Ord. UT Crooked Crk 3 feet Perennial 5 culvert, stabl. 50 "d Ord. UT Crooked Crk 5 feet Perennial stream ixame: an are unnamea tnoutanes tnat converge, tiow to urookea creek iocatea approximately 1 mile east of property. t At this impact site, west side of road crosses source area of stream; consequently, stream channel impact length only 10 feet. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip- rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/$ain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** !Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usizs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com, www.maMuest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 210 feet of right-of-way- 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identity temporary impacts. impacts include, but are not limited to: nu, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation: N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): Ej uplands F? stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Page 9 of 14 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. lots will not r,quire impac t to jurisd ictional areas. 4) locating lot lines along jurisdictional areas to protect the jurisdictiona l areas by incorporating them as natural bor der zones, and to optimize gccess and usage of builda ble areas, 5 planning larger lots with mode rate-sized homes for a low ratio of impervious to per vious acre age for stormwater management. Construction methods. will include limiting land distu rbance to roadway right-of-way s only. Sed iment and erosion control techniques will be imple mented in accordance the BMP S outlined in the latest edition of the Arosic VIII. Mitigation DWQ In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, ,but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 14 for the system's system's long-term ecological inteaft Impacts to jurisdictional areas (wetlands streams buffers) are minimized within the constraints of site topog=hy dendritic drainages if mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hap://h2o.enr.state.nc.us/ncwetlands/stringide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigati np for ripa rian wetl and b uffer, and stream channel impa cts will be provided on-site All of t he delinea ted ripar ian we tlands buffers and stream ch annels will be protected by deed re strictions that will indica te the wetland and/ or buffer boundaries (which ever is greater), Approximately 85 % of t he riparian wetlands buffers a nd stream channels will also be prote cted in 12= etuity b y a sta te-held Conservation Easement (CE). A copy of the signed Option Agreement betwee n the G rantor (North Wake Propertie s) and the Grantee (State of North rarolina) is attached with this Preconstruction Notificati on. The Option Agreement include§ a copy of the CE d ocume nt as Exhibit A. The CE proh ibits all impacts to wetlands, buffers, and strea m channe ls spec ified by the easeme nt, and th e easement areas located on individu al lots will be recor ded on the deeds for those l ots and in clude all prohibitions against specifie d impacts. Becaus e the proposed development plan includes maintaining the farm pond. t he pond and wet land/b uffer/stream areas u pgradient are not included in the Conservation Ease ment but will b e identified on deeds as protect ed jurisdictional areas. For mitigation, th e designate d CE also inclu des severa l acres of land tha t extend beyond the regulated buffer z ones but co nsist o f former riparian wetlands (in particular. along the middle reach and west si de upper re ach of t he 2' Or der stream ) that wer e conver ted to pasturage an d severely impacte d by previo us live stock agd culture. ( See Photo graphic Document). Given their condition. these areas could justifiab ly be de termined non-wet land (dense fescue vegetation and p artially oxi dized h ydric soi ls) and ex cluded fr om prote ction based on the 1987 USACE De lineation M anual. Howeve r, since O ctober 20 00- Arm strong has observed that these areas e xhibit persi stent h ydrologic condition s and. ha ving bee n fallow for several years, = 2Wort ing the nas cent re generatio n of hydro phytic veg etation. By including these within the CE, t he applican t is pr oviding c ritical pro tection th at will a llow the continued natural regenerat ion of vital ripari an areas. In some of these a reas, the EEP may want to apply an herbicid e to remov e the f escue veg etation an d allow more rapid reestablishment of hydrophytic vege tation. In addition, the applicant will gift-donate to the state of North Carolina the 1.83 acres of wetland on the east side of State Road 1001 in the southeast corner of the property and Page 11 of 14 i approxmately 5 acres of stream/swamp/wetland immediately west of State Road 1001 (both are pions of 3'd Order stream/swamp along the south property line)The applicant will also 1) pay for removal of the existing in-stream culvert near the bottom of the 2nd Order stream and removal of the nearby abandoned culvert leg in the riparian area, and twill donate 1,000 bald cypress (taxodium distichum for riparian bottomland restoration planting along the 2' Order stream. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at htip//h2o.enr.slate.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes El No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator.at (919) 733-5083 to review current thresholds for environmental documentation. Yes E] No n If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes EJ No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 12 of 14 V Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NGAG 2B w3g_ Rlease), 1 AA NCAC 2B .0259 ar-Pamlico), ISA NGAG 2B .0250 ff?aadlemaa Rules and ,Watef Supply Buffer- Requirements) or other (please identify, 1? Yes X No El If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 15,000 3 45,000 2 10,000 1.5 15,000 Total 60,000 Gone t extends out su teet perpendtcuiar trom near banK of channel; Gone 2 extends an additional 20 feet from the edge of Zone 1. 'If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Expi for four small outbuildings and an abandoned mobile 158+-acre site. Development of the subdivision will result in impervious surface area of approximately 3.8 acres from subdivision roads, 1.1 acres from private driveway, and 2.5 acres from private residences. The point-source discharge of stormwater into jurisdictional areas will be prohibited by the CE. and the applicant will recommend low-impact development (LID) techniques to proper buyers. Stormwater runoff from the roadside ditch system will be :diverted into grass-lined overflow swales (level spreaders ) gAjacent to buffer boundaries. Page 13 of 14 resmcttons tnat wu1 wentuy the Junsaictional areas on maiviaual aeeas. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and dispositi wastewater generated from the proposed project, or available -discharge or discharge) of K_of the subject facility. utable soil to provide the Alauj11aiaLlyll` mash mlu a 1GWml m0a lyl ml yll-OlLG 0G-&f Llas JX ALG1117ULGbls'?1GLL 1V? 111G L1VUL111G11L pon-dischame_of wastewater from a 3-bedroom house. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H MOO) or any Buffer Rules? Yes f--J No X Is this an after-the-fact permit application? Yes [--J No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). y- 7- oy Applicant/Agen0s ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 : 3?6 1,. N 11 A . Site 1, .. I L :? 1 l 262 • ? - ? ?! ? ? Jl 266 n ? ? ? ? F Z ? ? it ?? ?? ?• B 11 , 1 unn 28 1 FIVIC, P01 b. ce" t 211 > ° ?• , ;1 I La rubs ; / it ? ?--- . ulltl 9 F <^6D• ? 4 ? '? 1 , ? j ? ? J ._ MN IGN 1 ' 89 MILS+ ij__1"'35' i 28 MILS '.RM (;WI;; AN(' 1473 MA(;t f 7. NO,?1 14 (4 , INAtl)N AS : 1 N11 P ( Figure 1: Site Vicinity Map Proposed Shartree Farms Subdivision State Road 1001 Franklin County, Bunn, North Carolina BUNN WEST QUADRANGLE NORTH CAROLINA 7.5 MINUTE SERIES (TOPOGRAPHIC) Scale: 1" = 2000' Contour Interval = 10' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: May 19, 2003 Approved by: %eNa Date: S -2!F- 03 ?E r. w:c Figure 2: Site Soil Map Soil series map courtesy of Proposed Shartree Farms Subdivision Franklin County Soil Survey State Road 1001 Franklin County, Bunn, North Carolina Scale: 1"=2000' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: April 6, 2004 Approved by: 14 LA Date: ??/?/d i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Prouect / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No_2L_ Community ID: Flo lain Is t e site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is t e area a potential problem area? Yes No X Plot ID: W1 ( xplain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. salix nig_ra WU OBL 9. peltandra virginica HU BL 2. acer rubrum Wu FAC 10. 3. cenhalanthus occidentalis Wu OBL. 11. 4._ sambucus canadensis W U FACW- 12. 5. alnus serrulata W U FACW+ 13. 6. iuncus effusus H FACW+ 14. 7. saururus cernuus HU OBL 15• 8. nolygonum spc. HU FACW+ 16. Perjcent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Re arks: Sample plot W1 is located on the west side of the 2nd Order stream in a broad riparian-zone floodplain. Whine farmed, the floodplain had been cleared, partially drained, and planted with fescue for livestock pasturage severely impacting the riparian wetland. However, after approximately 5 years fallow, hydrophytic vegetation is stabilizing the streambanks and slowly reclaiming the floodplain. In plot Wl, geater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Woody vegetation overstory is absent; a primary growth stage woody understory is sparse in the floodplain and dense along the stream channel; the herbaceous vegetation is currently the dominant stratum. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators - Stream, Lake, or Tide Gauge ,X - Aerial Photographs Primary Indicators: Other * x Inundated (moderately at times) X Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: *1-2 in.) Secondary Indicators: -X Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: 1 in.) Water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: 0 (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% slopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup): Chewacla: fluvaquentic dystroch=ts Confirm Mapped Type? Yes XNo Taxonomy (Subgroup): Wehadkee: tvuic fluvaquents Confirm Mapped Type? Yes X No r I DescriRtion: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, fincoesl Horizon 1Munseli Moist (Munsgil Moisg Abundance/Contrast Structure, etc. 0-11 A IOYR 5/2 sandy silt 11-2 B 5Y 5/1 5YR 4/4 silty clay Hydric Soil Indicators: Histosol -Concretions _Histic Epipedon High Organic Content in Surface Layer in Sandy Soils XSulftdic Odor Organic Streaking in Sandy Soils x Aquic Moisture Regime _X_Listed On Local Hydric Soils List _x Reducing Conditions xListed on National Hydric Soils List x_Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Several areas in the floodplain, the Wehadkee soils are overlain with apparent erosion deposition of sandy material from the Wedowee soils of the adjacent hillsides. Furthermore, in the northern section of the broad floodplain where the 2' Order stream has become more incised, the soils indicate conditions that were formerly hydzic, but, due hydrologic changes from converting large areas to pasture, have become aerobic and eroded. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yes_ No Hydric Soils Present? Yes _ X . No Remarks: Sample plot W l is in broad floodplain area that had previously been cleared of woody vegetation and converted to pasturage and the stream moderately channelized during previous property ownership. The land use for livestock pasturage severely impacted the broad riparian wetland; however, is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. t _ Z DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State:_ North Carolina Do (normal circumstances exist on the site? Yes No X Community ID: Wetland Is the site significantly disturbed (Atypical situation)? Yes _.X No Transect ID: Is the area a potential problem area? Yes No X Plot ID: W2 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. 'salix nigra O OBL 9. 2.magnolia virginiana WO FACW+ 10. smilax laurifolia Vine FACW+ 3. liquidambar styraciflua W J FAC+ 11. 4. arundinaria eigantea Wu _ FACW 12• 5. iuncus spc. HAQW 13. 6. impatiens capensis HU FACW 14. 7. cyperus odoratus H FACW 15. 8. murdannia keisak _HU OBL 16. PeMent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%0 Re arks: Greater than 50% of the plant species' are wetland vegetation classified as FAC-0131, in the National List of Plant Species that Occur in Wetlands. Sample plot located in proposed subdivision lot no. 22 in moderately disturbed hillside draw where persistent ground water seepage gives rise to a V Order stream; woody overstory dominants include mature black willows and several large sweet bays. ROLOGY Recorded ;Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other _2L_ No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: 8 (in.) Depth to Saturated Soil: 2 (in.) Wetland Hydrology Indicators Primary Indicators: Inundated X_Saturated in Upper 12" _ Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: •_ Oxidized Root Channels in Upper 12" x Water-Stained Leaves • Local Soil Survey Data _ FAC-Neutral Test Other (Explain in Remarks) irks: Seepage stream is identified as intermittent on USGS quadrangle; however, even during drought ions in October 2000, seepage exhibited persistent flow. Due to immediately adjacent pasturage land use, logical effect caused nearby stream channel to, become incise; otherwise, depth to free water in pit would be less than 8 inches. SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% sl opes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup):Chewacla: fluva uentic strochLOU Confirm Mapped Type? Yes_2LNo Taxonomy (Subgroup):Wehadkee: t=ic fluva quents Confirm Mapped Type? Yes_XNo Profile Descri to ion: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Mois(? (Muns ell MoisO Abundance/Contrast Structure. etc. 04 A 2.5Y 3/1 _ silly sand 8-2T B 2.5Y 4/1 sandy clay 24- C 5Y 6/1 sand Hydric Soil Indicators: - Histosol -Concretions cx Histic Epipedon x High Organic Content in Surface Layer in Sandy Solis cx Sulfidic Odor x Organic Streaking in Sandy Soils -2L_Aquic Moisture Regime x Listed On Local Hydric Soils List • Reducing Conditions X Listed on National Hydric Solis List • Gleyed or Low-+Chroma Colors -Other (Explain in Remarks) Re arks: WETLAND DETERMINATION Hydkophytic Vegetation Present? Yes X_ No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yes. No Hydric Soils Present? Yes X_ No Remarks: Location W2 is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27. 2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No__ Community ID: Upland Is tote site significantly disturbed (Atypical situation)? Yes__ X__ No Transect ID: Is the area a potential problem area? Yes No__2_ Plot ID: Ul (explain on reverse if needed) VEGETATION Do minant Plant Species Stratum Indicator 1. auercus alba WO FACU 2. liriodendron tulipifera _WO FAC 3. a a tomentosa WO FACU 4. jwn perus vir&iana W U FA - 5. sinus taeda W FAC 6. ilex opaca W U FAQ- 7. ' 8. festuca spc. H U FAQ- of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15% Remarks: Few of the species are classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was on a hill at the edge of former livestock pasturage area in proposed subdivision lot no. 13; woody overstory dominants were mature and young white oak and tulip trees, several young cedars dominated HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: >24 (in.) Depth to Saturated Soil: > 24 (in.) Remarks: Upland area Dominant Plant Soecies Stratum Indicator 9. rubus betulifoia H U FAC 10. lespedeza H FA 11. 12. 13. smilax rotundifolia Vine FA_ 14. 15. 16. Wetland Hydrology Indicators Primary Indicators: Inundated Saturated in Upper 12" Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Root Channels in Upper 12" _ Water-Stained Leaves _ Local Soil Survey Data FAC-Neutral Test _ Other (Explain in Remarks) a? ..? SOILS Map Unit Name (Series and Phase): Wedowee sandy loam 2-6% slq=s Drainage Class: Well Drained Taxonomy (Subgroup):_t Tic kauhWpludults Confirm Mapped Type? Yes X No Taxonomy (Subgroup): Confirm Mapped Type? Yes X No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Mois t) Abundance/Contrast Structure. etc. Q-2 A 2.5Y 5/4 silty sand 2 BE IOYR 7/6 sandy clayey silt -12 B1 10YR 6/5 5YR 5/8 10% _ clayey silt 12-22 B2 7.5YR 6/6 5YR 5/8 30% silty clay with sand Hydric Soil Indicators: Histosol - Concretions _Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime Listed On Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No ?Y Is the Sampling Point We land Hydrology Present? Yes No X Within a Wetland? Yes No X Hydric Soils Present? Yes No Remarks: Location U1 is classified as upland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. r STATE OF NORTH CAROLINA COUNTY OF CONSERVATION EASEMENT OPTION AGREEMENT SPO File Number Project Name THIS OPTION AGREEMENT (this "Option Agreement"), made and entered into this S- day o: 2004, by and between North Wake Properties, LLC consisting of Edwin M. Speas, III, Member/Manager, 50% individual interest, and Timothy B. Keith, Member/Manager, 50% undivided interest, hereinafter, ("Grantor"), and the State of North Carolina, a body politic and corporate, and its successors and assigns ("State"). WITNESSETH in consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the State, and its successors and assigns, the exclusive right and option (the "Option") to be granted a conservation easement (the "Easement"), on certain sections of real property owned by Grantor. The parent property that will be subject to the Easement is identified as Deed Book 1375, Page 249, Franklin County Registry. It is understood and agreed that real property to be subject to the Easement shall be more exactly and precisely determined by a metes and bounds description and a survey. Description shall be subject to the approval of Grantor and Grantee (such property the "Easement Property"). The Easement Property is presently represented and approximated as shown on an unrecorded plat as provided by Grantor and titled "Wetland Easement Map, Shartree Subdivision**. Ward & Associates, dated February 25, 2004. Areas as depicted on said plat may be amended or modified at the mutual agreement of Grantor and Grantee. The following terms, provisions, and conditions are further agreed to: 1. OPTION PERIOD. This Opt' all remain in effect and the Option shall be exercisable from eft atl t W th ent has been executed by the Grantor until the 1S` day of . I P6 ; The p ton stall be exercised by posting notice to the Grantor at the following address: Exercise of the Optio hall erred timely if such written notice is mailed on or before.. p 1-4z'tAQ-5: 2. PURCHASE PRICE. The purchase price shall be $3,500.00 (THREE THOUSAND FIVE HUNDRED DOLLARS) per acre subject to survey. 3. EXECUTION. A conservation easement agreement in the form attached hereto as exhibit "A" granting the Easement shall be executed and delivered within 60 days following the exercise of the Option. 4. SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final description of the Easement Property is subject to final description and survey to be mutually approved by Grantor and Grantee and that the costs of obtaining said description and survey will be paid by the State. *;n w S 5. DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a Easement in the form attached hereto as Exhibit "A", and any other documents necessary to grant the Easement in accordance with the terms of this Option Agreement. These documents will be prepared at the expense of the State. 6. MISCELLANEOUS CLOSING EXPENSES. The State will pay all charges arising due to the execution or recording of the Easement. 7. CONDITION OF PROPERTY/ RISK OF LOSS. In the event of any adverse change in the condition of the Easement Property prior to exercise of the Option, whether said change is caused by Grantor or by forces beyond Grantor's control, the State may elect a) not to exercise the Option or b) to exercise the Option and take its interest in the Easement Property subject to such change in condition. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State. the State may elect to refuse to accept the Property. 9. REMEDIES. In addition to any other remedy specifically set forth in this Option, the State has the right to enforce the provisions of this Option through an action for specific ;performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 10. BINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor's heirs, executors, administrators, successors, and assigns. 11. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written agreement. No representation or promi a not included in this Option shall be binding upon the parties. 12. NO W VER. No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13. ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursuant to this Option. 2 i IN TESTIMONY THEREOF, the parties have here to set their hands and seals, or if corporate have caused this instrument to be executed i their corporate names by their duly authorized representatives as of the dates indicated below. For North Wake Propjerties, LLC By: lztl Edwin A Speas, III, Grantor B Timothy B. Keith, Member/Manager 3 STATE OF t'--` COUNTY OF F?Y-q ?L I, J- 0, -S , a Notary Public in and for the County and State aforesaid, do hereby certify that E7 ti S S , personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. 7' WITNESS my hand and Notary Seal this ? day of , 2004. 1`7otary-Public My Commission Expires: STATE OF Jv COUNTY OF 1, 2 - 0 - lJ^' , a Notary Public in and for the Count- and State aforesaid, do hereby certify that personally appeared before me this day an d acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this `t day of 2004. Notaryublic My Commission Expires: 6//Z/mss 4 3._.-- EXHIBIT A Form of Conservation Easement STATE OF NORTH CAROLINA COUNTY CONSERVATION EASEMENT ) File Number Jared by and return to: Ze Rice, State Property Office 1 Mail Service Center ;igh, NC 27699-1321 THIS CONSERVATION EASEMENT DEED, made this day of , 2004, by , ("Grantor"), to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for,the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and; Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District L-ntered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the Bch day of February 2000; and WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the components of the Ecosystem Enhancement Program are (1) restoration and perpetual I I maintenance of wetlands, riparian areas, and surface waters and (2) land ownership and management; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Protected Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Protected Property, thereby restricting and limiting the use of the included areas of the Protected Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such easement. This Conservation Easement shall be for the protection and benefit of the waters of if known, insert name of stream, branch, river =or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Protected Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract as shown on a plat of survey entitled dated certified by and recorded in Map Book , Page County Registry. Tract being more particularly described as follows: [INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT] The purposes of this Conservation Easement are to maintain, restore, enhance. create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly Y f\ 1 reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited. (May be'modified on a case=by= case basis if approved by k#.) B. Educational Uses. The Grantor reserves the right to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of diseased or damaged trees and vegetation that obstructs, destabilizes or renders unsafe the Easement Area, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. Area. Industrial, Residential and Commercial Uses. All are prohibited in the Easement E. Agricultural Use. All agricultural uses within the Easement Area including any use for' cropland, waste lagoons, or pastureland are prohibited. F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or asphalt or concrete paving in the Easement Area. (Mav be 'mudired on a case-bv-case base if approved by EEP ) H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Protected Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. - 1. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no 'grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or 7 I- .' i _S tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, except as allowed by permitting authorities and related to the development of the proposed subdivision as shown on "Wetland Easement Map, Shartree Subdivision", Ward & Associates, dated February 25, 2004, any activity by the Grantor diverting, causing, allowing or permitting the diversion of surface or underground water into, within or out of the Easement Area is not allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In,the event of an emergency interruption or shortage of other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Subdivision, partitioning, or dividing the Easement Area is prohibited. Unless agreed by the Grantee in writing, the Easement Area may be conveyed only as described herein and as a single block of property. Any lots created by subdivision will be sold subject to the conservation easement and the rights conveyed herein. M. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a cluster development arrangement. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non- native plans and/or animal species is prohibited. III. GRANTEE RESERVED USES The Grantee, and authorized representatives of the Grantee, shall have the meht to enter the Easement Area and shall have the right of reasonable ingress and egress to the Easement Area over the Protected Property, at all reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with a long-term management plan. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above ground, and subterraneous water flow. Unless otherwise specifically set forth in this Conservation Easement, the nights granted herein do not include or establish for the public any access rights. a be modified on rase-by-case basis if approved by EEP ) The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the Ecosystem Enhancement Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619. III. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is 8 inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee s all, except as provided below, notify the Grantor in writing of such b;each. The :Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Easement Area at reasonable times for, the purpose of inspection to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such: term or of any subsequent breach of the same or of any other term of this. easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 9 IV. MISCELLANEOUS A. This Conservation Easement shall be construed to promote the purposes of N.C. Gen Stat. § 143-214.8 et sea., the Ecosystem Enhancement Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Protected Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Protected Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any, portion thereof. F. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Protected Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. 10 TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) NORTH CAROLINA 1. COUNTY OF 1, , a Notary Public in and for the County and State aforesaid, do hereby certify that Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2004. Notary Public My commission expires: 12 Photographic Document of Riparian Wetlands December 8, 2003 North Wake Properties, LLC Proposed Shartree Farms Subdivision Pearces Road (State Road 1001) Franklin County, North Carolina Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C Photograph Set Number Description 1 Photo to northwest from proposed lot 36; headwater wetland, previously stripped and planted in fescue for pasturage, extends across low area in front of far hill; wetland hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2nd Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. Photo to east from hill on proposed lot 34; 2nd Order stream flows from left, along toe of flax-colored slope, to right; 151 Order stream/wetland in background extends from behind tall pines to left, joins 2"d Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2nd Order stream shown at right; set of tall pines in center in background are pines referenced in Photo Sets 3 and 4; 2nd Order stream flows from off photo on far right, is joined by I' Order stream at center of right photo then flows south just right of tall pines and past shed in far background in center of right photo; trees past shed in far background are along beaver-impounded 3`d Order stream. 6 Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2"d Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. I N/T EMMA JE STRICKLAND '•\ PUE RECORD 10.E 13. AIDE 92-224 fa oelxs M" s"d ea m MwVw s .dn d N 0S ° eweN ° ar d - d W S;,. 191 d YddY9 wtlexe nyblel pne'I . M 40.w eoN M US A1enAia q Ne nen9.1 w M ale UNw M Y e dwq Y Me d v wwase n4wba roY Ylnidiw d $sfw 404 je&d- ew1 w nfd M o e Pe M M Irw u 7e- t 1x1 ate Oi al w:e9w w eea "*4 a 1267 ble d E,- w Oinea w.x I ? I .• f L799 / 1 L6lt Ode °d a ?Q? I 1 b/E S 8 ua ybt in ° PNao? ? ° g ?%? M/F REA ttDE HERITAGE BUILDERS ! 1 , J ?TM o / /st ease sew ea n. D.B.1018,PG349 ', / / ?t xn MIDw nc -fun-IM Hm yyy r? / ^ 6 y u ?L,4?aSj SgitCl?u l >= 5k+ r I/ y CURVE TABLE rz LlJR'ff 1tNI:1x AAOIOS [0RD BRG mPn \ (? 1 _' p } r I I I Ir 0 1 a Iuxw \`` IF Ta J III'"-' _ / [145 N `y1 •y \ I \<i 4 N/T DAVIS DROOP FAf8/5, PLLC 39-E 9- APING uxE ¢MCM Bc.wwc - _ D.B. 1116,PD.259 -- 3s- - IL 1 an 1°1 p ° - l (O \\7A? o aw LaeA' ?.y u ` n l Sylt9sn Qrz ?? 4jr u / MQS - O °e 261 nA ?, L7 t? ?? ?° .. I D nn ° L ll 1\ \rb S (D- AREA M]1 + r 9011 Wl l1 nxYm 1 / r I ° I+IOSt 14 / 'G (rij\ \ ?('1) nr I v u (, 3 u us „ ?f ( ? 4 44 ua P ` <\ (rf I}e an vrzY0.ff w aw / 1° \ T?1 b l \rp\\ z rn I lYA 1249 \ \( ra? (? 4D3 v aimni I?ai na °(?qp ? tYtt z•,yl 1? ? ?,,?? ? \ °t U,y tr,0 I?as ? s:w T ? ?4` Lai y AREA INSIDE ?ee91 ° (7 L1a' (rJ w y 4? C s , z a' °q YETI AND EASEIIEN - ?? fn u an SC ?°d / ' ?w - `' 1,566 14 dp"u 35. ACRES (e ? un wu , \ Qq, / ur su \?r w ?r a NOW OR FORMERLY $p'> uteri w? fp / ' DANIEL k C11R15-E PA(?2e? 'S ..M PROPERTY S.DD AC. 111 i Im xa + MAP BOOK 1998. PACE 328 a 5 11? 1 s \?'sy AREA IN eEBIW 209.233 A 50' liZ, RIPARION W nw ?z If og? 1 i I ?VI \JS (`r `\\ // SUFFER EDCE lM au smF a nm ?r mm n ? ? ??? ua sun 7+ 1 265 \ ur nsw ? ?1 m? qK POND uw 41 X e+ I { ' L POND I N• w c 1e' Ixv ? ;n ? LtY /f I ua nx c un n / v z .w o mn u?ol a4awx EDAN _??-?/ / (A m Iw nu C0A z mm• u?ss a? r In J 2j V // m z ae um AREA INSIDE D s z ?n WFn AND EASEIA T 9 z r• Photo Set No. 2 Project No. 03011 North Wake Properties, LLC - Wetlands Permitting ARMSTRONG Environmental, P.C. rnoto bet tvo.1 Photo Set No. 3 ruoto bet .No. n Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC - Wetlands Permitting Photo Set No. 5 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC -Wetlands Permitting Office Use Only: USACE Action ID No. (If any partici 1. Processing 040736 DWQ No. item is not applicable to this project, please enter "Not Applicabl or "N/A". 1. Check all of the approval(s) requested for this project: X Section 404 Permit X Riparian or Watershed Buffer Rules n Section 10 Permit ? Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: n 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: H. Applicant Information 1. Owner/Applicaant Information Name: North Wake Propgrties, LLC Contact: Eddie Sgeas Mailing Address: 7612 Literary Lane Wake Forest, North Carolina 27587 Telephone Number: (919) 556-2700 Fax Number: (919) 570-3092 F,-mail Address: es_ peas a an-realtors com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: H David LaTowsky, P E Company Affiliation: ARMSTRONG Environmental, P.C. Mailing Address: 4011 WestChase Boulevard, Suite 110 Raleigh. North Carolina 27607 Telephone Number: (919) 838-9933 E-mail Address: armeeoentznamindsnring.c Page 5 of 14 Fax Number: MAY 0 6 2004 WATER QUALITY SECTION Form Version May 2002 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Shartree Farms Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A PropertyIdentification Number (Tax PIN): 2800-88-5522 4. Location County: Franklin Nearest Town: Bunn $ubdivision name (include phase/lot number): Shartree Farms Phases I & II (Lots 1 - 55) Directions to site (include road numbers, landmarks, etc.): From Bunn: west on NC Highway 98 approximately 2 miles to "Five Points"; north on State Road 1001 (Pearces Road) approxi ately 0.4 miles; entrance to property on left (west) side of S.R. 1001 5. Site coordinates, if available (UTM or Lat/Long): 35°58'00" N 78°17'45" W 6. Property size (acres): Approximately 158 acres 7. Nearest body of water (stream/river/sound/ocean/lake): V and 2"d Order streams traverse prop; 2"d Order stream bisects proper from northwest to southeast, joins 3`d Order stream/s)ya= that flows along south boundary line from west to east. 3' Order stream is unnamed tributary of Crooked Creek located approximately 1 mile east of the property. 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maas/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Property consists of rolling topography (215 to 260 feet above Page 6 of 14 mean spa l evel) that includes 4+ year s fallow past urage (approx 4 0% of property) overgrown evergregn silviculture (approx. 10% ), 4+ years r e-growth of clea r-cut (approx. 30%), and a dendritic s ystem of 15` 2nd and 3rd Order perenn ial streams with r iparian wetlands in various stages of r ecovery from former agri cultural imp acts (approx 20 %)Stream/wetland system extends ac ross the proper from h eadwater see pages between u pland knolls down hillside draws to r iparian bottomland. 1S` a nd 2nd Order streams flow fr om northeast to southwest, join mains tem 2nd Order stream tha t flows from northwest to so utheast and roughly bisects the proper ty. Mainstem 2' Order stream -gins a 3`d Order stre am that flows from west to east as a s uccession of beaver impo undments al ong the south pro perty line. A farm pond is -? aL ._ ..i....r ..:.7.. ._r aL .. .-.....-..r_. ..?.--?_...?..a._7_. .Y:,,1__.,._. ..1._.-.` .. 7 st /-%--I use but show indications of re generating. This stream's =er_reach is more incised and regeneration of the riparian we tlands along the west side is hindered by thick hick fescue cover. Stream base-flo ws, riparian we tlands, and upland draws are maintained by persistent lateral- flow ground w ater seepage even during drought conditions. Adjacent properties consist of agricultural fiel ds and woodlan d. 10. Describe the overall project in detail, including the type of equipment to be used: Residential sub division consisti ng of single-family homes approx. 1.500 to 2,800 square feet on lots ranging from 1 to 4 acres: lots will have access to public water (Franklin Co.), electrical servic e (pad-mounted transformers). and use septic systems for on-site wastewater treatment. App licant has devel oped site plan and identified suitable soil areas on each lot for septic systems and plans to construct subdivision roadways. extend water and electric utilities,, and sel l lots. Heavy e quipment (dozers. graders, dump trucks. etc.) will be used for road constructio n. utility extens ions, and stream/wetland crossings. Light duty (Bobcat-type) rubber-tired loa ders will be u sed to construct stormwater BMPs including grass-covered swales as level-spreaders for d issipating runoff from roadside ditches into sheet flow along edge of buffer a reas. 11. Explain the purpose of the proposed work: To prepare the property for the sale of individual lots to prospective homeowners: construction of individual residences to be contracted privately by property owners after purchase of lot. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A Page 7 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporjaty, must be listed herein, and must be clearly identifiable on an accompanying site ,plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide] a written description of the proposed impacts: Riparian buffers, wetlands, and stream channels will only be impacted by subdivision road/utility crossings at the 5 enumerated locations shown of the attached site plan. The crossings will consist of culverts placed in the stream channel at sufficient depth so as not to change the channel elevation. The site plan precludes any impact to buffers and/or wetlands in order to access ldable areas on individual lots. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** I clear, fill, grade 0.020 No Crosses Riparian, fallow pasture 2 clear, fill, grade 0.055 No Crosses Riparian, primary forest 3 Clear, fill, grade 0.054 No Crosses source Riparian, primary forest 4 Clear, fill, grade 0.075 No Crosses Riparian, primary forest 5 clear, fill, grade 0.087 No Crosses Riparian, fallow pasture * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hip://www.feLna.gov, *** 'List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Approx. 36 acres Total area of wetland impact proposed: Approximately 0.29 acre Page 8 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 culvert, stabl. 50 V Ord. UT Crooked Crk 2 foot Perennial 2 culvert, stabl. 50 1S` Ord. UT Crooked Crk 2 feet Perennial 3 culvert, stabl. 110 V Ord. UT Crooked Crk 1.0 foot Perennial, source 4 culvert, stabl. 50 1n Ord. UT Crooked Crk 3 feet Perennial 5 culvert, stabl. 50 2nd Ord. UT Crooked Crk 5 feet Perennial stream r4ame: au are unnamea tnoutanes that converge, ttow to urookea ureeK located approximately I mile east of property. t At this impact site, west side of road crosses source area of stream; consequently, stream channel impact length only 10 feet. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip- rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usQs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.manauest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 210 feet of right-of-way- Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impapt separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, )bulkheads, etc. 5. Pond Creation: N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond tq be created in (check all that apply): [] uplands E] stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Page 9 of 14 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. A dendritic system of 151 and 2"d Order perennial streams with riparian wetlands and upland draws extend across the proper and ultimately drain into a 3'd Order stream that flows along th southern property boundary. See attached Photographic Document and Wetland Delineation Map The site plan design not only protects the existing dendritic stream-wetland system but also protects severely degraded but critical riparian areas in order to achieve natural regeneration for the system's long-term ecological integrity Impacts to jurisdictional areas (wetlands VIII. Mitigation DWQ - In;, accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of, Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 14 riparian wetlands are narrow. 3 siting roads and crossings so that access to buildable areas of the lots will not require impact to jurisdictional areas, 4 locating lot lines along -jurisdictional areas to protect the jurisdictional areas by incorporating them as natural border zones and to optimize access and usage of buildable areas 5 planning larger lots with moderate-sized homes for a low Erosion and Sedimentation Control Planning and Design Manual issued by the North Carolina Division of Land Resources and the Sediment Control Commission. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application ,lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete: An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hap://h2o.enr.state.nc.us/ncwetiands/stnngide.htrnl. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for rinarian _wetland. buffer. and stream channel impacts will be provided on-site. All of the delineated riparian wetlands, buffers, and stream channels will be protected by In addition, the applicant will gift-donate to the state of North Carolina the 1.83 acres of wetland on the east side of State Road 1001 in the southeast corner of the property and Page 11 of 14 Option Agreement between the Grmntor (North Wake Properties) and the Grantee (State of North Carolina) is attached with this Preconstruction Notification. The Option Agreement includes a copy of the CE document as Exhibit A. The CE prohibits all impacts to wetlands, buffers. and stream channels specified by the easement, and the easement areas located on individual lots will be recorded on the deeds for those lots and include all prohibitions against For mitigation, the designated CE also includes several acres of land that extend beyond the regulated buffer zones but consist of former riparian wetlands (in particular, along the middle reach and west side upper reach of the 2"d Order stream) that were converted to pasturage and that these areas exhibit persistent hydrologic conditions and, having been fallow for several ,years, are supporting the nascent regeneration of hydroph is vegetation. By including these within the CE, the applicant is providing critical protection that will allow the continued natural regeneration of vital riparian areas. In some of these areas, the EEP may want to approxi ately 5 acres of stream/swamp/wetland immediately west of State Road 1001 (both are portions of Yd Order stream/swamp along the south proper line). The applicant will also 1) pay for removal of the existing in-stream culvert near the bottom of the 2nd Order stream and removal of the nearby abandoned culvert lying in the riparian area. and 2A-will donate 1,000 bald cypress (taxodium distichum) for riparian bottomland restoration plan ting _1 __ _ aL_ and 11__2__ -a-.-W Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at htip://h2o.enr.slate.nc.us/wM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres). N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must bg clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 12 of 14 Regional Office may be included as appropriate. Photographs may also be included at the applicant's [discretion. Will the project impact protected riparian buffers identified within 15A NCAC-2B -.023-3 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlicn), 15A NG C 2B 0250 (Randleman Rules and Water- Supply BuffeF Requirements), or other (please identify J? 11 Yes X No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation j is required calculate the required amount of mitigation by applying the buffer multipliers: Zone* Impact (square feet) Multiplier Required Mitigation 1 15,000 3 45,000 2 10,000 1.5 15,000 Total 60,000 cone i extends out Su tee[ perpenaicular trom near bank of channel; "Lone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. See detailed discussion in Section VII Mitigation Pa rt 1 As discusse d above, a state held Conservation Easement (CE) will be established fo r approximately 8 5% of total riparian wed ds. bµffers and stream channels that will prote ct jurisdictional are as against impacts in p=etuity. Jurisdictional area s not located within the designated CE will be protected by deed restrictions that will identify th e jurisdictional areas on i ndividual deeds XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Except for four small outbuildings and an abandoned mobile home all to be removed by applicant) no existing impervious surfaces currently exist on the 158+-acre site Development of the subdivision wil l result in imperv ious surface area of Page 13 of 14 r XII. Sewage Disposal (required by DWQ) 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. nitrification: area and a repair area for an on-site septic system designed for the treatment and non-discharge of wastewater from a 3-bedroom house. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes No X Is this an after-the-fact permit application? Yes ? No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A y-- 7- oY Applicant/Ageat's/15ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 ?, 4p ? N Il Site I ?? F Y 11 ? -( 7 ! o s` J !/] ? _r' v ? ?? 3yC? / IL .7, "J Ceirin -1"0_/ _ 4 262 ••286 R . ?o ?I 266 Z5 L % ?, 1' l ?? . 1 x.. li B1111T1 r 1 / ePoi0ts, Bdf, ??, P75 Cerrn?1 211 ?Wlff 26z) ?V 320 - ?i t I - 11 _X . .f t ?' t i , ? ' ? .:•. I ?/+ »v j 1, " i ? ,' - .... MN !GN i 5' 89 MILS',, 28 MILS i utM c;F:C: Al,l! 1973 MAi;Gf.*,: CIE LI iNAiq)N Al r NNW 14 0 EI Figure 1: Site Vicinity Map Proposed Shartree Farms Subdivision State Road 1001 Franklin County, Bunn, North Carolina I BUNN WEST QUADRANGLE NORTH CAROLINA 7.5 MINUTE SERIES (TOPOGRAPHIC) Scale: V = 2000' Contour Interval = 10' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: May 19, 2003 Approved by: MNi Date: S' -2 f - 03 V I I w.c .y ,t J' a r _ Figure 2: Site Soil Map Soil series map courtesy of Proposed Shartree Farms Subdivision Franklin County Soil Survey State Road 1001 Franklin County, Bunn, North Carolina 'U'r N rr !1 Scale: 1" = 2000' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: April 6, 2004 Approved by: 14 L-A Date: 4?/d/d r f- Ahk DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes Nom Community ID: Floodplain Is the site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is the area a potential problem area? Yes No_2L_ Plot ID: W1 (explain on reverse if needed) VEGETATION Dominant Plant Snor, es Stratum Indicator Dominant Plant Species Stratum Indicator 1. ?alix nigra WU OBL 9. oeltandra virginica HU OBL 2. acer rubrum W`U FAC 10. 3. cephalanthus occidentalis W U OBL 11. 4. ?ambucus canadensis W ? FACW- 12• 5. Alms serrulata W U FACW+ 13. s effusu& U FACW+ 6. iuncu 14. r 7. saururus cem Ws H U OBL 15. 8. polveonum spc. HU F + 16• Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Sample plot W1 is located on the west side of the 2nd Order stream in a broad riparian-zone floodplain. While farmed, the floodplain had been cleared, partially drained, and planted with fescue for livestock pasturage severely impacting the riparian wetland. However, after approximately 5 years fallow, hydrophytic vegetation is stabilizing the streambanks and slowly reclaiming the floodplain. In plot Wl, geater than 50% of the plant species are wedand vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Woody vegettation overstory is absent; a primary growth stage woody understory is sparse in the floodplain and dense along the slreaFn channel; the, herbaceous vegetation is currently the dominant stratum. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other *x Inundated (moderately at times) -& --Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: *1-2 (in.) Secondary Indicators: x Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: 1 in.) _ Water-Stained Leaves x Local Soil Survey Data Depth to Saturated Soil: 0 (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map ;Unit Name (Serijes and Phaue):Chewacla-Wehadkee 0-3% slot= Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup): Chewacla: fluvaquentic dystrocbrepts Confirm Mapped Type? Yes_ No Taxonomy (Subgroup): Wehadkee: tnic fluvaquents Confirm Mapped Type? Yeses No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc. 0-11 A 10YR 512 sandy silt 11T _ 5Y 511 5YR 414 _ sib clay Hydric Soil Indicators: _ Histosol -Concretions _Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils tx Sulfidic Odor --& -Organic Streaking in Sandy Soils x Aquiic Moisture Regime x Listed On Local Hydric Soils List x Reducing Conditions _ cx Listed on National Hydric Soils List x Gleyud or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Several areas in the floodplain, the Wehadkee soils are overlain with apparent erosion deposition of sandy material from the Wedowee soils of the adjacent hillsides. Furthermore, in the northern section of the broad floodplain where die 2' Order stream has become more incised, the soils indicate conditions that were formerly hydric, but, due hydrologic changes from converting large areas to pasture, have become aerobic and eroded. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present?. Yes -2L No Within a Wetland? Yes X No Hydric Soils Present? Yes X _ No Remarks: Sample plot W1 is in broad floodplain area that had previously been cleared of woody vegetation and converted to pasturage and the stream moderately channelized during previous property ownership. The land use for livestock pasturage severely impacted the broad riparian wetland; however, is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties, LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No__,X_ Community ID: Wetland Is the site significantly disturbed (Atypical situation)? Yes-2L- No Transect ID: Is the area a potential problem area? Yes No _X Plot ID: W2 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. salix nigra WO OBL 9. 2. magnolia virginiana WO FACW+ 10. smilax laurifolia Vine FACW+ 3. liauidambar sEYraciflua W FAC+ 11. 4. Arun ria g_iFantea Wu FACW 12. 5._ iuncus spc. H FACW 13. 6. impatiens cap?nsis HU F W 14. 7. ?yperus odoraius _ U FACW 15. 8. murdannia keisak F __OBI_ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Greater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot located in proposed subdivision lot no. 22 in moderately disturbed hillside craw where persistent ground water seepage gives rise to a V Order stream; woody overstory dominants include; mature black willows and several large sweet bays. HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: 8 (in.) Depth to Saturated Soil: 2 (in.) Wetland Hydrology Indicators Primary Indicators: -inundated XSaturated in Upper 12" _ Water Marks _ Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators: • Oxidized Root Channels in Upper 12" x Water-Stained Leaves • Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Seepage stream is identified as intermittent on USGS quadrangle; however, even during drought conditions in October 2000, seepage exhibited persistent flow. Due to immediately adjacent pasturage land use, hydrological effect caused nearby stream channel to become incise; otherwise, depth to free water in pit would likely be less than 8 inches. .r SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0-3% s lopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Tax nomy (Subgroup):Chewacla: fluvaquentic o dystrochreots Confirm Mapped Type? Yes--X No Tax nomy (Subgroup):Wehadkee: tunic fluva quents Confirm Mapped Type? Yes X No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inchgs) Horizon (Munseli Moist) (Muns eli Moist) Abundance/Contrast Structure, etc. 0-8 A 2.5Y 3/1 silly sand 8-24 B 2.5Y 4/1 sandy clay 24- C 5Y 6/1 -T- sand Hydnic Soil Indicators: _ Histo?sol _ Concretions • Histia Epipedon X High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor x Organic Streaking in Sandy Soils x Aquic Moisture Regime x_Listed On Local Hydric Soils List K Reducing Conditions _ x Listed on National Hydric Soils List K Gleyed or Low•Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yes_Y No Hydric Soils Present? Yes X No Remarks: Location W2 is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date: May 27.2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator: H. David LaTowsky State: North Carolina Do normal circumstances exist on the site? Yes No X Community ID: Upland Is the site significantly disturbed (Atypical situation)? Yes_2_ No Transact ID: Is the area a poontial problem area? Yes No X Plot ID: Ul (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator I Dominant Plant Suecles Stratum Indicator 1. quercus alba WO FACU 2. liriodendron tulipifera WO FAC 3. carya tomentosa WO FACU 4. iuniperus vir&'iana W J FACU- 5. vinus taeda W _ FAC 6. ilex opaca W J FAQ- 7. 8. festuca snc. H FAC- 9. rubus betulifoia H FAC 10. lespedeza spc. U FACU 11. 12. 13. smilax rotundifolia Vine FA 14. 15. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15% Remarks: Few, of the species are classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was on a hill at the edge of former livestock pasturage area in proposed subdivision lot no. 13; woody overstory dominants were mature and young white oak and tulip trees, several young cedars dominated HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aethal Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: >24 (in.) (Depth to Saturated Soil: > 24 (in.) Wetland Hydrology Indicators Primary Indicators: _ Inundated Saturated in Upper 12" Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Root Channels in Upper 12" _ Water-Stained Leaves Local Soil Survey Data _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: Upland area SOILS Map Unit Name (Series and Phase): Wedowee sandy loam 2-6% slopes Drainage Class: Well Drained Taxonomy (Subgroup):Iypic kanhalpludults Confirm Mapped Type? Yes X No Taxonomy (Subgroup): Confirm Mapped Type? YesX No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inchgs) Horizon ( unsell Moist) (Munsell Mois t) Abundance/Contrast Structure. etc. 0_2 A 2.5Y 5/4 silly sand 2-8 BE IOYR 7/6 sandy clayey silt 8-12 B1 10YR 6/5 5YR 5/8 10% clayey silt 12-22 B2 7.5YR 6/6 5YR 5/8 30% silly clay with sand Hydric Soil Indicators: Histosol - Concretions _Histilc Epipedon - High Organic Content in Surface Layer in Sandy Soils Sulfdic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime Listed On Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes No X Hydric Soils Present? Yes No ?Y_ Remarks: Location U1 is classified as upland based upon the criteria set forth in the 1987 Army Corps of Eneineers Wetlands Delineation Manual. r STATE OF NORTH CAROLINA COUNTY OF CONSERVATION EASEMENT OPTION AGREEMENT SPO File Number Project Name THIS OPTION AGREEMENT (this "Option Agreement"), made and entered into this S day of 2004, by and between North Wake Properties, LLC consisting of Edwin M. Specs, III, Men}ber/Manager, 50% individual interest, and Timothy B. Keith, Member/Manager, 50°! undivided, interest, hereinafter, ("Grantor"), and the State of North Carolina, a body politic and corporate, and its successors and assigns ("State"). WITNESSETH in consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the State, and its successors and assigns, the exclusive right and option (the "Option") to be granted a conservation easement (the "Easement"), on certain sections of real property owned by Grantor. The parent property that will be subject to the Easement is identified as Deed Book 1375, Page 249, Franklin County Registry. It is understood and agreed that real property to be subject to the Easement shall be more exactly and (precisely determined by a metes and bounds description and a survey. Description shall be subject to the approval of Grantor and Grantee (such property the "Easement Property"). The, Easement Prope*ty is presently represented and approximated as shown on an unrecorded plat as provided by Grantor and titled "Wetland Easement Map, Shartree Subdivision". Ward & Associates, dated February 25, 2004. Areas as depicted on said plat may be amended or modified at the mutual agreement of Grantor and Grantee. The following terms, provisions, and conditions are further agreed to: 1. OPTION PERIOD. This Opt' all remain in effect and the Option shall be exercisable i*ro% tk} eft tMhat ment has been executed by the Grantor until the 1S` day of April .The p on shall be exercised by posting notice to the Grantor at the following address: Exercise of the Optio hall erred timely if such written notice is mailed on or before Awl-1, 200 2. PURCHASE PRICE. The purchase price shall be $3,500.00 (THREE THOUSAND FIVE HUNDRED DOLLARS) per acre subject to survey. 3. EXECUTION. A conservation easement agreement in the form attached hereto as exhibit "A" granting the Easement shall be executed and delivered within 60 days following the exercise of the Option. 4. SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final description of the Easement Property is subject to final description and survey to be mutually approved by. Grantor and Grantee and that the costs of obtaining said description and survey will be paid by the State. T 5. DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a Easement in the form attached hereto as Exhibit "A", and any other documents necessary to grant the Easement in accordance with the terms of this Option Agreement. These documents will be prepared at the expense of the State. 6. ;MISCELLANEOUS CLOSING EXPENSES. The State will pay all charges arising due to the execution or recording of the Easement. 7. CONDITION OF PROPERTY/ RISK OF LOSS. In the event of any adverse change in the condition of the Easement Property prior to exercise of the Option, whether said change is caused by Grantor or by forces beyond Grantor's control, the State may elect a) not to exercise the Option or b) to exercise the Option and take its interest in the Easement Property subject to such change in condition. 8. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State. the State may elect to refuse to accept the Property. 9. REMEDIES. In addition to any other remedy specifically set forth in this Option, the State has the right to enforce the provisions of this Option through an action for specific performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 10. BINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor's heirs, executors, administrators, successors, and assigns. 11. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written agreement. No representation or promise not included in this Option shall be binding upon the parties. 12. NO WAIVER No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13. ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursu4nt to this Option. 2 I i IN, TESTIMONY THEREOF, the parties have hereunto set their hands and seals, or if corporate have caused this instrument to be executed in their corporate names by their duly authorized representatives as of the dates indicated below. For North Wake Properties, LLC Gra By: ,?- Edwin M. Spear, III, Memb r//Manager Grantor B Timothy B. Keith, Member/Manager 3 STATE OF COiUNTY OFQ ?? «- J owos , a Notary Public in and for the County and State aforesaid, do hereby certify that E7 CJt ?-? S?? S personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. 7" WITNESS my hand and Notary Seal this 574- day of ? , 2004. 4 • zq?7 rotary-Public My (Commission Expires: STATE OF ?Y COUNTY OF YN- E?r }-- I, ') , a Notary Public in and for the County and State aforesaid, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this day of ' 2004. Notaryublic My Commission Expires: 4 EXHIBIT A STATE OF NORTH CAROLINA COUNTY SPO File Number Prepared by and return to: Blane Rice, State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT DEED, made this day of , 2004, by , ("Grantor"), to the State of Noah Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, their heirs. successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et M., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of 'Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8 h day of February 2000; and Form of Conservation Easement WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the components of the Ecosystem Enhancement Program are (1) restoration and perpetual maintenance of wetlands, riparian areas, and surface waters and (2) land ownership and management; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Protected Property"), and', being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Protected Property, thereby restricting and limiting the use of the included areas of the Protected Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such easement. This Conservation Easement shall be for the protection and benefit of the waters of if known, insert name ` of stream, branch, river or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Protected Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract as shown on a plat of survey entitled dated certified by and recorded in Map Book , Page County Registry. Tract being more particularly described as follows: [INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT] The purposes of this Conservation Easement are to maintain, restore, enhance. create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the landd and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly y Y' reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hunting and fishing, and access to the Easement Area for the purposes thereof Us : age of motorized vehicles in the Easement Area is prohibited. OW4y hb modified on a case bv= Lase basis if approved by EEP ) B. Educational Uses. The Grantor reserves the ri ght to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of :the site. C. Vegetative Cutting. Except as related to the removal of diseased or damaged trees and vegetation that obstructs, destabilizes or renders unsafe the Easement Area, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. NeW Construction. There shall be no building, facility, mobile home, antenna, util ty pole, to%4er, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or asphalt or concrete paving in the Easement Area. (May be modified on'a'case-by-case bdsis if H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the pwner of the Protected Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. - I. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or 7 3 r tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, except as allowed by permitting authorities and related to the development of the proposed subdivision as shown on "Wetland Easement Map, Shartree Subdivision", Ward & Associates, dated February 25, 2004, any activity by the Grantor diverting, causing, allowing or permitting the diversion of surface or underground water into' within or put of the Easement Area is not allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Subdivision, partitioning, or dividing the Easement Area is prohibited. Unless agreed by the Grantee in writing, the Easement Area may be conveyed only as described herein and as a single block of property. Any lots created by subdivision will be sold subject to the conservation easement and the rights conveyed herein. M. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a cluster development arrangement. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non- native plans and/or animal species is prohibited. III. GRANTEE RESERVED USES The Grantee, and authorized representatives of the Grantee, shall have the nuffit to enter the Easement Area and shall have the right of reasonable ingress and egress to the Easement Areal over the Protected Property, at all reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with a long-term management plan. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above ground, and subterraneous water flow. Unless otherwise specifically set forth in this Conservation Easement, the r ghts granted herein do not include or establish for the public any access rights. a be mothiled on case-bv-case basis it annroved by EEP ) The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the Ecosystem Enhancement Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619. III. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inlconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any brjeach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which mray be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Easement Area at reasonable times for, the purpose of inspection to determine whether the Grantor, Grantor's representatives, or assigns are corpplying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall' be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and and forbearance by Grantee to exercise its rights hereunder in the event of any breach of any te?m set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or o any subsequent breach of the same or of any other term of this, easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. i I IV. MISCELLANEOUS A. This Conservation Easement shall be construed to promote the purposes of N.C. Gen Stat., § 143-214.8 et seq., the Ecosystem Enhancement Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Protected Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Protected Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall, survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization rece ving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 17Te h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of transfer pr assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Protected Property, incl4ding the right to engage in or permit or invite others to engage in only those uses of the Eas ment Area that are expressly reserved herein, not prohibited or restricted herein, and are not inco sistent with the purposes of this Conservation Easement. Without limiting the generality of the oregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. 10 i TO "VE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TE?TIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first a ove written. (SEAL) 11 NORTH CAROLINA 1. COUNTY OF a Notary Public in and for the County and State aforesaid, do hereby certify that Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2004. Notary Public My commission expires: 12 Photographic Document of Riparian Wetlands December 8, 2003 North Wake Properties, LLC Proposed Shartree Farms Subdivision Pearces Road (State Road 1001) Franklin County, North Carolina Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. { I Photograph Set Number Description 1 Photo to northwest from proposed lot 36; headwater wetland, previously stripped and planted in fescue for pasturage, extends across low area in front of far hill; wetland hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2nd Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. 3 Photo to east from hill on proposed lot 34; 2"d Order stream flows from left, along toe of flax-colored slope, to right; 1 S` Order stream/wetland in background extends from behind tall pines to left, joins 2"d Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2nd Order stream shown at right; set of tall pines in center in background are pines referenced in Photo Sets 3 and 4; 2nd Order stream flows from off photo on far right, is joined by I" Order stream at center of right photo then flows south just right of tall pines and past shed in far background in center of right photo; trees past shed in far background are along beaver-impounded 3`d Order stream. Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2"d Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. I COCA-? ? 0/Cl S N/F OLDE HERITAGE BUILDERS @ REALTY D.B.1018.PG.349 ? CURVE ABLE 3LE i r/ N/F EWA JEAN STRICNLAND PLAT RECORD FEE 03. SLIDE 92-224 I L199 SET- J 1,- l, ail \ / ?: I I Is; I \@ 2 O Orr ` ? ? / /?,,95[T tIJJ ^ r y94?? ? ,f?' d t Ll ? 9D1, 9D1 ? 1?,, 14 r ? `NO` ,4 v ,? ? tt4j if r r---- W LAY aNMa Mt 9i ary d !+ Ad a.ua+ a wM d M LLS s aa.e a. and Mu.L: w W4"w av: 5alw l91dMhw 9de 4e as Pa by kMaa.gwl dk u+r M 9 e daw • N. a.. Wad M?id'r d Se9a 01 aCanqd ? d M [?1? rf M n0atli IdN aIl+a iFIldi s Yl^a+aIik aknn W M ans 9n b da MI'sM id M M 19b ?i+oBa Yord. ab AII ;n? 4 N/F DAMS GROUP FARMS. PLLC D.B. 1116.PG.259 7?/ 0 0-- . \ rnoto Net no. Photo Set No. 2 Project No. 03011 North Wake Properties, LLC - Wetlands Permitting ARMSTRONG Environmental, P.C. \V? rnoto Set No. 3 Photo Set No. 4 Project No. 03011 North Wake Properties, LLC - Wetlands Permitting ARMSTRONG Environmental, P.C. Photo Set No. 5 Project No. 03011 North Wake Properties, LLC - Wetlands Permitting ARMSTRONG Environmental, P.C. Office Use O'ly: USACE Action ID No. (If any particular item is not applicable to 040736 DWQ No. project, please enter "Not Applicable" or "N/A".) L Processing 1. Chuck all of the approval(s) requested for this project: X Section 404 Permit X Riparian or Watershed Buffer Rules F1 Section 10 Permit E] Isolated Wetland Permit from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If yotf' project is located in any of North Carolina's twenty coastal counties (listed on page 4), and a project is within a North Carolina Division of Coastal Management Area of Envir nmental Concern (see the top of page 2 for further details), check here: E] II. Applicant Information 1. Owner/Applicant Information Named North Wake Properties, LLC Contact: Eddie Speas Mailir* Address: 7612 Literary Lane I Wake Forest, North Carolina 27587 Telephone Number: (919) 556-2700 Fax Number: (919) 570-3092 E-mail Address: espeasl@an-realtors.com 2. Agent/?,onsultant Information (A signed and dated copy of the Agent Authorization letter must b? attached if the Agent has signatory authority for the owner/applicant.) Name: H. David LaTowskv. P.E. Company Affiliation: ARMSTRONG Environmental, P.C. Mailing Address: 4011 WestChase Boulevard, Suite 110 Raleiah. North Carolina 27607 Telephone Number: (919) 838-9933 Fax Number: (919) 838-9931 E-mail ?ddress: armizeoeng@mindapting.com 401 GROUP MAY 0 6 2004 Page 5 of 14 WATER QUALITY SECTION Form Version May 2002 II;. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings or other maps may be included at the applicant's discretion, so long; as the property is clearly defined. For administrative and distribution purposes, the USACE, requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name ofproject: _ _Shartree Farms Subdivision 2. T.I.P.i, Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 2800-88-5522 4. Location Count: Franklin Nearest Town: Bunn Subdivision name (include phase/lot number): Shartree Fauns Phases I & II (Lots 1 - 55) Directions to site (include road numbers, landmarks, etc.): From Bunn: west on NC Highway 98 =roximately 2 miles to "Five Points' north on State Road 1001 (Pearces Road) approximately 0.4 miles; entrance to propy on left (west) side of S.R. 1001 5. Site coordinates, if available (UTM or Lat/Long): 35°58'00" N 78°17'45" W 6. Propertpr size (acres): approximately 158 acres 7. Nearest body of water (stream/river/sound/ocean/lake): 15` and 2°d Order streams traverse prop; 2' Order stream bisects proper from northwest to southeast. joins 3' Order stream/swamp that flows along south boundary line from west to east. and Order stream is unnamed tributary of Crooked Creek located approximately 1 mile east of the property. 8. River BSSin: Tar-Pamlico (Note - Ithis must be one of North Carolina's seventeen designated major river basins. The River Bassin map is available at hU://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Property consists of rolling topography (215 to 260 feet above Page 6 of 14 mean sea level) that includes 4+ years fallow pasturage (approx. 40% of property). overgrown evergreen silviculture (approx 10%)4+ years re-growth of clear-cut (approx. 30%). and a dendritic system of I", 2"d, and 3`d Order perennial streams with riparian wetlands in various 11 10. Describe the overall project in detail, including the type of equipment to be used: seotic systems and plans to construct subdivision roadway extend water and electric utilities, and sell lots. Heavy equipment dozers. graders. dump trucks. etc.) will be used for road construction, utility extensions and stream/wetland crossings Light duty (Bobcat-tyke) rubber-tired loaders will be used to construct stormwater BMPs including grass-covered Explain the purpose of the proposed work: To prepare the property for the sale of individual lots to prospective homeowners; construction of individual residences to be contracted privately by property owners after purchase of lot IV. Prior Proje t History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, , list and del cribe permits issued for prior segments of the same T.I.P. project, along with ponstructio schedules. A Page 7 of 14 the property. Mainstem 2"d Order stream joins a 3`d Order stream that flows from west to east as a succession of beaver impoundments along the south property line. A farm pond is on the east side of the property approximately midway along a l' Order stream. Riparian wetlands along mainstem 2"d Order stream were severely impacted by prior agricultural land agricultural fields and woodland. V. Future > roject Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the, applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluatign and delineation forms should be included as appropriate. Photographs may be included i at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or, description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Riparian buffers, wetlands, and stream channels will only be impacted by subdivision road/utility crossings at the 5 2. Individually list wetland impacts below: Wetland Impact Site Number (indi to on snap) Type of Impact* ; Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 clear, fill, grade 0.020 'No Crosses Riparian, fallow pasture 2 clear, fill, grade 0.055 No Crosses Riparian, primary forest 3 clear, fill, grade 0.054 No Crosses source Riparian, primary forest 4 clear, fill, grade 0.075 No Crosses Riparian, primary forest 5 clear, fill, grade 0.087 No Crosses Riparian, fallow pasture * List each imp ct separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grad?ng, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floocplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA- proved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hap:/Lvr?8y.ferna.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Approx. 36 acres Total aria of wetland impact proposed: Approximately 0.29 acre 1 Page 8 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Impact', Type of Impact* Length of Stream Name** Average Width Perennial or Site Number Impact of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) 1 culvert, stabl. 50 1' Ord. UT Crooked Crk 2 foot Perennial 2 culvert, stabl. 50 1` Ord. UT Crooked Crk 2 feet Perennial 3 culvert, stabl. 110 V Ord. UT Crooked Crk 1.0 foot Perennial, source 4 culvert, stabl. 50 V Ord. UT Crooked Crk 3 feet Perennial 5 culvert, stabl. 50 Ord. UT Crooked Crk 5 feet Perennial ----7 --- ..--_-_ „.. „I_ „v.. av vvncu ccn wcatcu approximatery t mue east of property. t At this impact site; west side of road crosses source area of stream; consequently, stream channel impact length only 10 feet. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip- rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgsgov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com. etc.). Cum> lative impacts (linear distance in feet) to all streams on site: 210 feet of ri ght-of-way 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact S to Number i (indicate on map) ' Type of Impact* Area of Impact (acres) Name of Waterbody f applicable) (i Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) L'm Vault unpaca Scpala lay anu iucnuty temporary impacts. impacts mcmue, out are not iimited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond greation: N/A If con truction of a pond is proposed, associated wetland and stream impacts should be includ?d above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): Ej uplands El stream F-1 wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local s rmwater requirement, etc.): a Size of,watershed draining to pond: Expected pond surface area: Page 9 of 14 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. A dendritic system of ls` and 2nd Order perennial streams with riparian wetlands and upland draws extend across the property and ultimately drain into a 3`d Order stream that flows along the for the System's long-term ecological integrity Impacts to jurisdictional areas (wetlands streams, buffers) are minimized within the constraints of site topography, dendritic drainages and project financial viability by: 1) limiting the number of subdivision road/utility crossings of jurisdictional areas while maintaining access to buildable areas, 2 siting road crossings where riparian wetlands are narrow. 3) siting roads and crossings so that access to buildable areas of the lots will not require impact to jurisdictional areas. 4) locating lot lines along jurisdictional areas access ? usage of buildable areas. 5) planning larger lot s with moderate-sized homes for a low ratio o f impervious to pervious acreage for stormwater ma nagement Construction methods will include limiting land d isturbance to roadway right-of-ways only. Sediment and erosion control techni ques will be imp lemented in accordance the BMP outlined in the latest edition of the Erosio n and Sedimenta tion Control Planning and Design Manual issued by the North Carolina Divisi on 9f Land Reso urces and the Sediment Control Commission. VIIL', Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, ',but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upl , d vegetated buffers to protect open waters such as streams; and replacing losses of aquatic respurce functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 14 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hap://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitig ation for riparian wetland b uffer, and stream channel impacts will be p rovided on-site All o f the delineated riparian we tlands buffers , and stream channels will be protected bX deed restrictions that will indic ate th e wetlan d and/or buffer boundaries (which ever is great 85% of t er). A he rip arian we tlands buffers, and stream channels will also be pr otected in p=etui by a sta te-hel d Conser vation Easement (CE). A co py of the signed Optio n Agreement between the Granto r (North Wake Properties) and the G rantee (State of North Carolinas attached with this P reconstr uction Notification. The Op tion Agreement inclu des a copy of the CE docum ent as Exhibit A The CE prohibits all impa cts to wetlands specified impacts Bec ause the proposed development plan includes maintaining the farm pond the pond and wetland/buffer/stream areas up gradient are not included in the Conservation Eas ement but will be identified on deeds as protected jurisdictional areas. For mitigation, the designated CE also includes several acres of land that extend beyond the withi natural degeneration of vital ripe areas In some of these areas the EEP may want to apply an herbicide to remove the fescue vegetation and allow more rapid reestablishment of hydrophvtic vegetation, Page 11 of 14 their condition. these areas could justifiably be determined non-wetland (dense fescue vegetation and partially oxidized hydric soils) and excluded from protection based on the 1987 USACE Delineation Manual. However, since October 2000. Armstrong has observed that these areas exhibit persistent hydrologic conditions and. having been fallow for several In addition. the applicant will gift-donate to the state of North Carolina the 1.83 acres of , approximately 5 acres of stream/swamp/wetland immediately west of State Road 1001 (both are portions of 3"d Order stream/swamp along the south property line). The applicant will also 1) pay for removal of the existing in-stream culvert near the bottom of the 2"d Order stream and removal of the nearby abandoned culvert lying in the riparian area and twill donate 1.000 bald cypress (taxodium distichum) for riparian bottomland restoration planting along the 2nd Order stream. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at hU://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes El No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes n No n If yes, has;the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes F] No Fj X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 'It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 12 of 14 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within ISA NGAG-2B-42-33 Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15 -NGAG 2a 0250 (Randleman n..,_ a , or other (please identify ?? Yes X No El If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 15,000 3 45,000 2 10,000 1.5 15,000 Total 60,000 - [.one 1 extenas out 3u teet perpenaicular from near hanK of channel; "Gone 2 extends an additional 20 feet from the edge of Zone 1. XI. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. See detailed discussion in Section VII Mitigation Part 1 As discussed above a state-held Conservation Easement (CE) will be established for approximately 85% of total riparian wetlands buffers. and stream channels that will protect jurisdictional areas against impacts in perpetuity, Jurisdictional areas not located within the designated CE will be protected by deed restrictions that will identify the iurisdictional areas on individual deeds. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Except for four small outbuildings and an abandoned mobile home (all tQ be removed by applicoo- no existing impervious surfaces currently exist on the 158+-acre 0ite. Develoment of the subdivision will result in i=ervious surface area of approximately 3.8 acres from subdivision roads. 1. 1 acres from 12rivate driveways. and 2.5 acres from private residences The point-source discharge of stormwater into jurisdictional areas will be prohibited by the CE and the applicant will recommend low-impact development (LID) techniques to proper buyers Stormwater runoff from the roadside ditch system will be diverted into grass-lined overflow swales (level spreaders) adjacent to buffer boundaries Page 13 of 14 XII. Sewage Disposal (required by DWQ) 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. Each residential nropt-,M will have sufficient land ea of suitable soil to provide the nitrification area n a =air area for a on-site so tic system -designed for the treatment and non-discharge of wastewater from a 1-hi.rlmnm hnim- XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes n No X Is this an after-the-fact permit application? Yves ? No X XIV Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules. (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). "' Apolicant/Agenl'sAignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 N ,r a /p ?• .? q. " _ _ f ) v :.J308 - -. 11 Site _, - J ? L +I d _ j? Ve ?? l ? i m ? \J ?. it J( 1 ?01 )1 25a i zez C r 1 {? i 1B6 x0095 Ai BunnI ,..Five Pont ?cerr"" , 211 J r-<< t ??._. azo. ? , tt 1 1 } _ tAN I !GN 1 5, I g9 MILS??;j_I'35- . -,128 MILS i I (1M f II: AND I97;i MAI;NF N.){7!„ (A i.I,NATION AT NIt-N C•, ;If Figure 1: Site Vicinity Map Proposed Shartree Farms Subdivision State Road 1001 Franklin County, Bunn, North Carolina BUNN WEST QUADRANGLE NORTH CAROLINA 7.5 MINUTE SERIES (TOPOGRAPHIC) Scale: 1" = 2000' Contour Interval = 10' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: May 19, 2003 Approved by: MNiq Date: S -24j- 03 4 I w.G I ?' 'Tl?rr Figure 2: Site Soil Map Soil series map courtesy of Proposed Shartree Farms Subdivision Franklin County Soil Survey State Road 1001 Franklin County, Bunn, North Carolina I Scale: 1" = 2000' ARMSTRONG Environmental P.C. Drawn by: D. LaTowsky Date: April 6, 2004 Approved by: /.< LA Date: 4e lx/0 ?f. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Sh rtree Farms Subdivision Applicant / Owner: North Wake Properties. LLC Investigator: H. David LaTowsky Date:_ May 27.2003 County: _ Franklin State: North Carolina Do normal circumstances exist on the site? Yes No_X Community ID: Fooodplain Is the site significantly disturbed (Atypical situation)? Yes_2L_ No Transect ID: is the area d potential problem area? Yes No_2L_ Plot ID: Wl (explain on reverse if needed) VEGETATION Qominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. salix nigra W)_ OBL 9. peltandra virginica H OBL $. acer ruh= u FAC 10. 3. cWhalanthus occidentalis W _ OBL 11. 4. sambucus canadensis W J FACW_ 12. 5. alnus serrulata W _ FACW+ 13. 6. iuncus effusus H _ FACW+ 14. 7. saunu-us cemuus HU OBL 15. 8. polygonum 512c. _HU _EACW+ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Sample plot Wl is located on the west side of the 2' Order stream in a broad riparian-zone floodplain. While farmed, the floodplain had been cleared, partially drained, and planted with fescue for livestock pasturage severely impacting the riparian wetland. However, after approximately 5 years fallow, hydrophytic vegetation is stabilizing the streambanks and slowly reclaiming the floodplain. In plot Wl, geater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Woody vegetation overstory is absent; a primary growth stage woody understory is sparse in the floodplain and dense along the stream channel; the herbaceous vegetation is currently the dominant stratum. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other * X Inundated (moderately at times) Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: *1-2 in.) Secondary Indicators: Oxidized Root Channels in Upper 12" Depth to Free Water in Pit' - 1 (in.) _ Water-Stained Leaves x Local Soil Survey Data Depth to Saturated Soil: _ 0 (in.) _ FAC-Neutral Test Other (Explain in Remarks) Renharks: SOILS Map Unit Name (Series and Phase):Chewacla-Wehadkee 0 -3% slopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup): Chewacla: fluva quentic dystrochrepts Confirm Mapped Type? Yes CX No Taxonomy (Subgroup): Wehadkee: lyp ic fluvaquents Confirm Mapped Type? YesX No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munseil Moist) Abundance/Contrast Structure, etc. 0-11 A 10YR 5/2 sandy silt 11-23 B 5Y 511 5YR 4/4 silty clay Hydric Soil Indicators: Histosoi -Concretions _Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils • Sulfidic Odor x Organic Streaking in Sandy Soils •Aquic Moisture Regime x -Listed On Local Hydric Soils List • Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Several areas in the floodplain, the Wehadkee soils are overlain with apparent erosion deposition of sandy material (Tom the Wedowee soils of the adjacent hillsides. Furthermore, in the northern section of the broad f1bodplain whe a the 2nd Order stream has become more incised, the soils indicate conditions that were formerly hydric, but, due: hydrologic changes from converting large areas to pasture, have become aerobic and eroded. WETLAND DETERMINATION Hydrophytic vegetation Present? Yes X_ No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yeses No Hyrdric Soils Plresent? Yes X_ : No Remarks: Sample plot W1 is in broad floodplain area that had previously been cleared of woody vegetation and converted to pasturage and the stream moderately channelized during previous property ownership. The land use for livestock pasturage severely impacted the broad riparian wetland; however, is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Farms Subdivision Date:_ May 27. 2003 Applicant / Owner: North Wake Properties. LLC County: Franklin Investigator; _ H. David LaTowskv State: North Carolina Cho normal circumstances exist on the site? Yes No_2L_ Community ID: Wetland Is the site significantly disturbed (Atypical situation)? Yeses No Transect ID: Is the area a potential problem area? Yes No X Plot ID: W2 (explain on reverse if needed) VEGETATION QQminant Plant oecies Stratum Indicator Dominant Plant Snecles Stratum Indicator 11, salix nigm WO OBL 9. 2: magnolia virginiana WO FACW+ 10. smilax laurifolia Vine FA W+ 3. liauidambar stvraciflua W _ FAC+ 11. 4, arundinaria gigantea W FACW 12. 5._ juncus spc. _HU FACW 13. 6; impatiens canensis H A W 14. 7 cypgrus o&ratus _Ru FACW 15. 8 murdannia keisak F OUL 16. Percent of D inant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Greater than 50% of the plant species are wetland vegetation classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot located in proposed subdivision lot no. 22 in moderately disturbed hillside draw where persistent ground water seepage gives rise to a V Order stream; woody overstory dominants include mature black willows and several large sweet bays. H?YDROL09 Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: 8 (in.) Wetland Hydrology Indicators Primary Indicators: _ Inundated x Saturated in Upper 12" Water Marks _ Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: • Oxidized Root Channels in Upper 12" • Water-Stained Leaves • Local Soil Survey Data I Depth to Saturated Soil: _ 2 (in.) I = FAC-Neutral Test Other (Explain in Remarks) Remarks: Seepage stream is identified as intermittent on USGS quadrangle; however, even during drought conditions in October 2000, seepage exhibited persistent flow. Due to immediately adjacent pasturage land use, hydrological effect caused nearby stream channel to become incise; otherwise, depth to free water in pit would likely be less than 8 inches. SOILS Map Unit Name (Series and Phase): Chewacla-Wehadkee 0-3% slopes Drainage Class: Somewhat Poorly Drained/Poorly Drained Taxonomy (Subgroup):Chewacla: fluvaquentic dy tro rut Confirm Mapped Type? Yes_2LNo Taxonomy (Subgroup):Wehadkee: tunic fluv aquenrs Confirm Mapped Type? Yes X No profile Descrip4on: 4epth Matrix Colors Mottle Colors Mottle Texture, Concretions, (Inches) H zon (Munsell moist) (Muns ell Moist) Abundance/Contrast Structure, etc. ,0-8 A 2.5Y 3/1 silty sand -24 B 2.5Y 4/1 sandy clay 24- C 5Y 6/1 T-- --7- i sand Hydric Soil Indicators: Hiptosol -Concretions x Hi$tic Epipedon x High Organic Content in Surface Layer in Sandy Soils xS?Ifidic Odor xOrganic Streaking in Sandy Soils xAquic Moisture Regime xListed On Local Hydric Soils List x Reducing Conditions xListed on National Hydric Soils List xGleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: i WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yes. No Hydric Soils Present? Yes _ X No Relinarks: L?cation W2 is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlan's Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Proposed Shartree Fa . Subdivision Date: May 27 2003 Applicant / Owner: North Wake Properties. LLQ _ . County: Franklin Investigator: H. David LaTowsky State:-North Carolina Do normal circumstances exist on the site? Yes No X Community ID: Upland Is the site significantly disturbed (Atypical situation)? Yes--X--- No Transect ID: Is the area a potential problem area? Yes No--X Plot ID: Ul (explain on reverse if needed) VEGETAT"ON Dominant Plant Species Stratum Indicator ' Dominant Plant Species Stratum Indicator 1. quercus alba wo FACU 2. liriodendron tulipifera WO FAC 3. carya tomentosa _ wo FACU 4. juniperus yirginiana W U FACU_ 5. pinus taeda W U FAC 6. ilex opaca'l? W* FAC- 7. 8. festuca spc. H_ FAQ- 9. rubus betulifoia F FAC 10. _lespedeza spc. _HU FACU 11. 12. 13. smilax rotundifolia Vine FAC 14. 15. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15% Remarks: Few of the species are classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was on a hill at the edge of former livestock pasturage area in proposed subdivision lot no. 1 ; woody over{ tort' dominants were mature and young white oak and tulip trees, several young cedars dominated HYDROLOGY _ Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: none (in.) Depth to Free Water in Pit: >24 (in.) Depth to Saturated Soil: >24 (in.) Wetland Hydrology Indicators Primary Indicators: Inundated Saturated In Upper 12" Water Marks Drift Lines _ Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators: Oxidized Root Channels in Upper 12" Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Upland area Map Unit Name (Series and Phase): Wedowee sandy loam 2-6% slopes Drainage Class: Well Drained Taxonomy (Subgroup): twic kanhalpludults Confirm Mapped Type? Yeses No Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Descrloon• epth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munseil Mois t) Abundance/Contrast Structure. etc. 0-2 A 2.5Y 5/4 silly sand 2-8 BE 1OYR 7/6 sandy clayey silt 8-12 B1 IOYR 6/5 5YR 5/8 10% clayey silt 12-22 B2 7.5YR 6/6 5YR 5/8 30% silty clay with sand Hydric Soil Indicators: Histosol _ Concretions _HIstic Epipedon - High Organic Content in Surface Layer in Sandy Soils _Spifidic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime Listed On Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No ?Y Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes No X Hydric Soils Present? Yes No _2L Remarks: Location U1 is classified as upland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. STATE OF NORTH CAROLINA COUNTY OF CONSERVATION EASEMENT OPTION AGREEMENT SPO File Number Project Name TIiIS OPTION AGREEMENT (this "Option Agreement"), made and entered into this s day of 2004, by and between North Wake Properties, LLC consisting of Edwin M. Speas, III, Member/Manager, 50% individual interest, and Timothy B. Keith, Member/Manager, 50% undivided interest, hereinafter, ("Grantor"), and the State of North Carolina, a body politic and corporate, and its successors and assigns ("State"). WITNESSETH in consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the State, and its successors and assigns, the exclusive right and option (the "Option") to be granted a conservation easement (the "Easement"), on certain sections of real property owned by Grantor. The parent property that will be subject to the Easement is identified as Deed Book 1375. Page 249, Franklin County Registry. It is understood and agreed that real property to be subject to the Easement shall be more exactly and precisely determined by a metes and bounds description and a survey. Description shall be subject to the approval of Grantor and Grantee (such property the "Easement Property"). The, Easement Property is presently represented and approximated as shown on an unrecorded plat as pnovided by Grantor and titled "Wetland Easement Map, Shartree Subdivision'. Ward & Associates, dated February 25, 2004. Areas as depicted on said plat may be amended or modified at the mutual agreement of Grantor and Grantee. The following terms, provisions, and conditions are further agreed to: 1. OPTION PERIOD. This Opt' all remain in effect and the Option shall be exercisable fronj theft at at ment has been executed by the Grantor until the 1st day of April aW. The p on shall be exercised by posting notice to the Grantor at ed timely if such written notice is the following address: Exercise of the O29E:??r mailed on or before Awl 1, 20 6e-A 6o.. /, Root' 2. PURCHASE PRICE. The purchase price shall be $3,500.00 (THREE THOUSAND FIVE HUNDRED DOLLARS) per acre subject to survey. I EXECUTION. A conservation easement agreement in the form attached hereto as exhibit "A" granting the Easement shall be executed and delivered within 60 days following the exercise of the Option. 4. SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final description of the Easement Property is subject to final description and survey to be mutually approved by Grantor and Grantee and that the costs of obtaining said description and survey will be paid by the State. t 'ow , ; 5. DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a Easement in the form attached hereto as Exhibit "A", and any other documents necessary to grant the Easement in accordance with the terms of this Option Agreement. These documents will be prepared at the expense of the State. 6. MISCELLANEOUS CLOSING EXPENSES. The State will pay all charges arising due to the execution or recording of the Easement. 7. CONDITION OF PROPERTY/ RISK OF LOSS. In the event of any adverse change in the condition of the Easement Property prior to exercise of the Option, whether said change is caused by Grantor or by forces beyond Grantor's control, the State may elect a) not to exercise the Option or b) to exercise the Option and take its interest in the Easement Property subject to such change in condition. 8. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State. the State may elect to refuse to accept the Property. 91. REMEDIES. In addition to any other remedy specifically set forth in this Option. the State has the right to enforce the provisions of this Option through an action for specific performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 1Q. BINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor's heirs, executors, administrators, successors, and assigns. 11. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written agreement. No representation or promise not included in this Option shall be binding upon the parties. 12, NO WAIVER. No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13. ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursuant to this Option. i t I IN TESTIMONY THEREOF, the parties have hereunto set their hands and seals, or if corporate have caused this instrument to be executed in their corporate names by their duly authorized representatives as of the dates indicated below. For North Wake Properties, LLC Gra By: rJ? Edwin M. Speas, III, Memb r//Manager Grantor B Timothy B. Keith, Member/Manager 3 r r STATE OF COUNTY OFa ?? ??'^ -' S a Notary Public in and for the County and State aforesaid, do hereby certify that ?-? S S personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. 7' FITNESS my hand and Notary Seal this day of ?? , 2004. 1?otary(Public p My Commission Expires: ?%rZ/mss S'K'ATE OF COUNTY OF Ufa +?- ?i ?- 1, 2 - • ?)V' ll^' , a Notary Public in and for the Count- and State aforesaid, do hereby certify that % i rI +S personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this day of 2004. , Notary ublic My Commission Expires: >s 4 I Y i ( I EXHIBIT A Form of Conservation Easement STATE OF NORTH CAROLINA CONSERVATION EASEMENT COUNTY SPO File Number Prepared by and return to: Blane Rice, State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS CONSERVATION EASEMENT DEED, made this day of , 2004, by , ("Grantor"), to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et si., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood p>evention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department. of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8`h day of February 2000; and WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the components of the Ecosystem Enhancement Program are (1) restoration and perpetual Y I ? maintenance of wetlands, riparian areas, and surface waters and (2) land ownership and management; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Protected Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Protected Property, thereby restricting and limiting the use of the included areas of the Protected Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such easement. This Conservation Easement shall be for the protection and benefit of the waters of if known, insert name of stream, branch, river. ©r waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Protected Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract as shown on a plat of survey entitled " dated certified by and recorded in Map Book Page County Registry. Tract being more particularly described as follows: [INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT] The purposes of this Conservation Easement are to maintain, restore, enhance, create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly 6 I r : J1 reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited. W,4y be modified on a case ,b case basis if approved by EEP ) B. Educational Uses. The Grantor reserves the right to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of diseased or damaged trees and vegetation that obstructs, destabilizes or renders unsafe the Easement Area, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or asphalt or concrete paving in the Easement Area. (Map be`nodified on la case-by-case basis if approved by EEP) H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Protected Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. _ I. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no 'grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or 7 'L ?r rI tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, except as allowed by permitting authorities and related to the development of the proposed subdivision as shown on "Wetland Easement Map, Shartree Subdivision", Ward & Associates, dated February 25, 2004, any activity by the Grantor diverting, causing, allowing or permitting the diversion of surface or underground water into, within or out of the Easement Area is not allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Subdivision, partitioning, or dividing the Easement Area is prohibited. Unless agreed by the Grantee in writing, the Easement Area may be conveyed only as described herein and as a single block of property. Any lots created by subdivision will be sold subject to the conservation easement and the rights conveyed herein. M. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a cluster development arrangement. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non- native plans and/or animal species is prohibited. III. GRANTEE RESERVED USES The Grantee, and authorized representatives of the Grantee, shall have the right to enter the, Easement Area and shall have the right of reasonable ingress and egress to the Easement Area over the Protected Property, at all reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with a long-term management plan. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above ground, and sub?rraneous water flow. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. a be modiFed on case-by-case basis if approved by EEP ) The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the Ecosystem Enhancement Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619. III. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is lY inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate ,person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Easement Area at reasonable times for the purpose of inspection to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate. or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, inc' Juding, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 9 I IV. MISCELLANEOUS A. This Conservation Easement shall be construed to promote the purposes of N.C. Gen Stat. § 143-214.8 et sea•, the Ecosystem Enhancement Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Protected Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Protected Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any, portion thereof. F. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Protected Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. 10 i z r, TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) it Y r Z '„ NORTH CAROLINA 1. COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that • , Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2004. Notary Public My commission expires: 12 Photographic Document of Riparian Wetlands December 8, 2003 North Wake Properties, LLC Proposed Shartree Farms Subdivision Pearces Road (State Road 1001) Franklin County, North Carolina Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. All. Photograph Description Set Number Photo to northwest from proposed lot 36; headwater wetland, previously stripped planted in fescue for pasturage, extends across low area in front of far hill; wet hydrology and hydric soils present; hydrophytic vegetation slowly reestablishing. 2 Photo to northwest and north from proposed lot 34; corridor of 2"d Order stream that bisects property north to south runs just inside tree line; stream incised due to previous agricultural impacts; however, channel filling in and restabilizing, beavers are impounding the stream at the northern end on the property. 3 Photo to east from hill on proposed lot 34; 2"d Order stream flows from left, along toe of flax-colored slope, to right; V Order stream/wetland in background extends from behind tall pines to left, joins 2"d Order stream in front of tall pines to right in upper reach of broad riparian flood plain extending off photo to right; rust-colored vegetation highlight stream corridors and wetlands 4 Photo to south from flax-colored hill (Photo Set 3) on proposed lot 20; broad riparian flood plain wetland along lower reach of 2"d Order stream shown at center; set of tall pines to left in background are set of pines to right in Photo Set 3. 5 Photo to southeast from flax-colored hill (Photo Set 3) on proposed lot 20; br riparian flood plain wetland along lower reach of 2"d Order stream shown at right; of tall pines in center in background are pines referenced in Photo Sets 3 and 4; Order stream flows from off photo on far right, is joined by I" Order stream at cei of right photo then flows south just right of tall pines and past shed in far backgro in center of right photo; trees past shed in far background are along beaver-impoun 3'd Order stream. 6 Photo to northeast from proposed lot 51 and adjacent to lower reach of broad riparian floodplain wetland along 2"d Order stream; tan building with metal roof to right is shed referenced in Photo Set 5; flax-colored hill referenced in Photo Set 3 is in far background at far left; swath of rust-colored vegetation extending across photo set in front of tall pines is broad floodplain riparian wetland slowly reestablishing after severe impact from clearing and livestock grazing Project No. 03011 North Wake Properties - Wetlands Permitting ARMSTRONG Environmental, P.C. ?? dGC.fi•i? 4 -----? ??'? SY4?cPv+?G? J N/T OLDE HERITAGE BUILDERS RI REALTY 0.8.1014PG.349 f Po. o=ff ym CURVE TABLE "?`'???` r_ I 3LE ?y 1 I ? v 1199 9D L6'' i o c yFS' 0 PNord ? ?? x ? J ben ob l ?LD 6 / ssra;r 41 A? I J \d ,t L, ? ? l/ /?? R [rJ) ?p 4 Ll t L, , ?s 9p1, gD, Y ?s 4 ,mo` 4 ?'\ 4J V ti ?F?y „ c° 4 4y qtr `?o ?, \?ty Ph?cl o\' I a } ttn L2SD L249,/ \(.. rarc-1?? /d AREA INSIDE Titer WETLAND D EA EASEYEN 1.566.14 - - ? / 9n u, 761 45.15 ACRES r ? ? / ' zn ?a? ti NOW OR FORYERLr 1 DAMEL k CNRISTNIE PAI PROPERTY SAO CE MAP BOOK 1998, PACE 32e- > 9 1r a .. I 09 -0 Z om Dn C m 7J co r Lf) nA0 n u m 1e? N Z 1 \\\ w wD N'9 D I / N/F ENNA JEAN STRICKLAND PLAT RECORD FILE 13. SLIDE 92-22 /.GI x\ ny o,EaM 9F AL d Ii Ad rawer a d(hus ahs did. dN YS M+9 d 91 h aypnd a M 0aa F",Z. AY Yi Nn F F Mq Y as FAFF'd ?a41d+a Ji --aft A9sniMi? d $ada 19a ?Sflo iaL idd Ma tr e Fnd 4 b anW h Im Fan Ji Ida Ai WaMnlw ? maM awdal h NIl h9a d DpL'ra YM Ofnoea Yard. Foan Ilk CA. AR / v N/F DAMS GROUP FARMS. PLLC D.B. 1116.PQ259 0 0-- AREA IN 9ERAND 209,232 SF I ?. RIPARIpI ` BIFTFR EDGE r '. _ I WETLAND POND n AREA INSIDE VkTIAND EASED T AA lir ?m Dz ;: z / f Photo Set No. 2 Project No. 03011 ARMSTRONG Environmental, P.C. North Wake Properties, LLC - Wetlands Permitting Photo Set No. 3 r i IIY Photo Set No. 4 IM Project No. 03011 FTr mri Wnkr,1'7(-)T ^iin? if.l[.C ._ V(,flln-d!n i ri^i ?u m Photo Set No. 5 Project No. 03011 A-?"lA'r7mr?? r -, VT -,'ih'WIl1-mT`-',-,T i DWQ#? Date Who Reviewed: Plan Detail Incomplete ? Pleaseiprovide a location map for the project. S Pleaseishow all-strgatCanpacts including all fill slopes, dissipaters, and bank stabilization on 4he-siteplsa- Please show all wetland impacts including fill slopes on the site plan. (lease indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ?' Please indicate the location of the protected buffers as overlays on the site plan. ?' Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. Please provide the location of any proposed stormwater management practices as required by GC Please provide detail for the stormwater management practices as required by GC Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Ple indicate all stormwater outfalls on the site plan. Please indicate the diffuse flow provision measures on the site plan. Please indicate whether or not the proposed impacts already been conducted. AEvoida" and/or Minunization Not Provided The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ?}?; GvO55i Sj?3 ? This Office believes that the labeled on th lans as can be moved or reconfigured to avoid the impacts to the 4, rYi ?. Please revise the plans to avoid the impacts. I 1>4 ??V S This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? Tl* stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because Please wise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is of possible to achieve diffuse flow through the entire: buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? Tlpe application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ . This additional fee must be received before your application can be reviewed. j ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed. ? Tease indicate which 404 Permit the USACE would use to authorize this project. ¦ Complete items 1, 2,, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. L Article Addressed to: North Wake Properties, LLC 7612 Literary Lane Wake Forest, NC 27587 DWQ# 04-0736 - Franklin 2i Signaty?e X / Agent (/vl 'QAddresse B. Received by (Printed Na ?e) C. Date of Deliver Cd lw S r Zi-f. D. Is delivery address differgnt from item 1? ? Yes If YES, enter delivery address below: ? No a 3.. Service Type Certified Mail ? Express Maii_ ? Registered k Return Receipt for?Merchandis( ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Number 7003 3110 0001 3494 2149 {,y,1I1. S@IVIC@ 1,86e ? Yes UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No:.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 k. !' f :1tt !! .!!!3 !It !! It 1 !) .! 11 1 141.! ! ! !1lf3 tj! _ ~ ~ N/F EMM o PLAT REC N F EMMA JEAN STRICKLAND / i PLAT RECORD FILE ~3, SLIDE ~ oc ~ 0 92-224 92-224 n w - - - - L286 ~ Qp' C i u~i z 0~ ~ ~9 1284 I • o! SITE ,,0 0~ ~ d` 1283 ?his certifes that this copy o! this plat identifies as waters of the J 5 0! ~ ~P GS ~ wetlands all areas of waters of the V.S., including wetlands. ~equia;ea pu~scar.t ( to Section 404 of the Geon Water Ac`. os deierm;~ed by the undersigrec ar t^ ~ l @ ~ 2i~ ~ ~ p date. Unless there is a chonge in law o~ our pub!isnea reguiotions, this I N~ ~ ti~ determination of Section 404 }t,isdiction may be gel ed upon 'o~ a per.od ro; x exceed five years from this date. this determinat;o~ wcs mane ~~!:,'!~:~~y '^e `9r~ N ~F ~ F ~ 98 ,p ~1,~ ~ Carps of Engineers Wetlands Delineat?on Manum. t p o ti ~ ~1Z~ ti I ~0 Name: A-u~ ,~A-~Qs.~s k- I O' ~ ~ c J''`~~ ti n 1 ~'~7c . ~ ti y6t Titte ~v_,2c>Jw~A~ ~ N Q J N o L199 ~ ~ ~ N ~ , L6~~ Date: 6-3 } o _ ti ~ ~ ? ~J' 2 S,~ N/F OLDE HERITAGE BUILDERS & ti rA ~ is ~ ~ 21 ~ / ti p ~ ~ Q' REALTY w ~ ~ i ~ ~ ~ 8 D.6.1018,PG.349 o o~ SR ~ ti^ ~ 2 , / N C.GRID NORTH NAD 2'. ~ ~ PLAT RECORD FILE ~3 - SLIDE 9'-~C2~ j ~ j/a 6911 _ = t ~Sy9 6~ / 2p Q r~ q~~ V r~ r~ DZ n O ~z ti ~Ci T r 9~ 9 ~ N ~ D CURVE LENGTH RADIUS CORD BRG. CORD ~ C1 17245 1150.49 $311>8'OrW 172.29 ~ 'R~, N c~ ~s ~ U ti ~9 r VICINITY MAP (N.T.S.) y~ N r i ~ \ / N !b A ~ ~ i N / ~N ~ n W j LINE LENGTH BEARING LINE LENGTH BEARING LINE LENGTH BEARING N N ~ N Lt 28.J8 N 4' L111 81,80 N 7 1221 60.08 7 / X21 N A r C f,- p ; L2 258.83 3 L112 10.83 N1 4 L222 87,76 i ~ LJ 17.79 1 ' r L113 30.18 N ii' 1323 53.59 ' 7 L270 N ~ ti/F DA d~S GROUP AR v'S, ~ ~ (1 C.B. 1116,PG.259 L< 2219 N 1'1 "W L114 92,11 L224 54.48 ~e s ~ >Z e L5 10.A3 N 74' 'W L11S 44.SS N 1' 1 L22S 57.89 N LB 87.87 '4 ' 1116 5J.40 N L226 31.08' tin o•9,p `J N ~Z ~tr r A ~q ~ °i N 6~ 7 1176 ~ L7 31.93 N L117 29,64 L227 27,42 l.8 8.71 7' L116 t' 1328 4.38 71 ' i G~ F~ ti C 175 LY 28.12 N i L119 J0.T3 L229 30.99 ti's 1t0 33.95 N ' '41 L120 39.13 1 L2J0 6281 19Z~ 99 717 28.27 L121 4220 1231 15.01 1 ~ d e s ~~s ~~z, z ~ c e ~ ~0~ L Z1 ~~9Sf~ S rn - (1 712 42.97 77' Li22 .96 1232 21,09 99 O~ 9 23 / /55 ~ ~ ~ ~ r f ~ 1 '4~ r S6~ 172 ~ L13 4271 L723 16.32 L233 51.87 It U4 41.49 1124 52.12 1 L234 36.37 n 74'1 ' % / '',~d 5• (~S L15 55.39 L125 40.12 4 L235 25.72 G, 718 54.74 1728 1J!!i. 1236 55.37 b C~ h 6 (1g wti l10 0~ ~OS____ S~ 117 52.08 Li27 45,72 1237 24,96 w ~ ~ (~S9 I ~ L0~ C~~ ~~Sp \ CROSSING AREA L18 47.42 'W L118 14.76 1236 17.74 n ~ ~ ' ~ti / ti L19 71.09 N r 'W L129 138.07 41' 1239 4257 4 6 d~ 0~~ 09 ( I X ~ ~~a~ \ s 90 `E14 6 \ L20 tO.OS L130 144.89 L240 97.84 r L2t 31.51 L131 750.24 7 L241 73.66 1 ti ~ ~ ~ ~ A ~ o ~ ~ L22 128.73 4' 1732 247.39 • T L242 23.01 t r ~ 1~p~~ O C>> (lq) D L2J 32.11 L133 80.22 W L243 23.72 7 ' ~ _ ~ 124 87.48 N Li 34 51,99 L244 4221 7~•€ W N ~ o~ 4 ~ . ~ 3 L1i~<~ ~ L25 25.47 LiJS 80.00 L243 28.29 ~ ~ (1 ('4 L26 11.84 L136 J6,41 L246 45.74 W r L27 49.34 L,37 20.21 L247 101,65 ~ ~ ~ ^ 1, A(~ L28 50.98 L136 43.06 L248 106.90 N L29 1.97 L139 17 L249 76,73 1 'W a ~ 9 (rtS V ~ A ~ ~ ~ 2 L30 43.05 1140 15,31 L250 15x13 C ~ ~9 'p ~~I D 6 ~ L37 4J.48 1141 26.37 L231 107.79 I ~ LJ2 12.87 U42 89.66 'W L232 98.91 d' ~ 250 ti ~9 ~ ~ 1 2 250 L249 ~ 38 733 81.19 'W 1143 29.27 L25J C _ ~ ~9 8 ~e 'A w L34 45.47 1144 84.73 1254 7 51 `~60 / -~i6Zl ISZ~ 4.1 L146 2,.82 1255 131.98 (2S L35 3 B 4 V ~ ~ ~ ~ 6 ~ X135 ( L38 45. 1146 23,75 1258 9.94 '1 L37 39.01 Li47 1257 16.61 ~ ~ (8 t' L C 13~ N \2S L36 60.88 L148 10 'W 1236 1 ~ 8 ^ ~ l ~~l 9 ( E 1 ~ 7 ~ ~ 1 ~ ? (r25 739 31.53 L119 31.4 •w 1231 55.15 , ~ AREA INS \ L40 Jd 130 31.19 72, ~ 9~ ~ ~ L41 L15 47.01 WETL EASEMEN `'s, 13 30~ _ - _ 30, ~ _ _ ~ _ 2 - _ 46.1 - _ {152 - - - ~ - _ - _ _ _ _ ~ 1 614 ` ` $3~ - 743 78.67 L153 64.40 1263 S7. , - - 8Z'1 t£l ~ ~ x ~ 144 79.5J Lis4 36.36 1264 119.92 / Z ~ 145 zo.ea • ' u55 4x19 63.,a ~5, ACRES ~ ~ ~ ( l8 ~ ~ l ~ 6 ~o 746 15.55 L158 41 3s ~ t S 747 7.38 1' t5T 1 /1. 'W L49 1.18 1,58 13 1261 49.72 ~ ZZ~ L49 13.70 L150 76.66 1269 91.69 'W ~ ~ ti 750 28.38 1160 81,06 L270 7.20 2 ~ d' W o LS7 111.J0 L161 24.76 1271 94,98 6~ 4A ( ~ NOW OR FORMERLY o t 7 3J. 2~ ~ ~ ~ L52 23.68 l 62 L? 2 00 'W ~ h ~ 2 ~ ~ DANIEL do CHRISTINE PAGE • L53 21.52 1163 1273 56.06 'W r ~ ~ ~ N~ o, ~ 0 PR RTY AC. 154 46.48 1,64 37,2 1274 90.64 'w ,p N d OPE 500 , 28 arr ~ ~ ~ , 755 so.97 w u63 43.07 1275 57.34 'w w u` o. ~ ~ MAP BOOK 1998, PAGE 328 a.1 \ w 15e 4263 7 W L168 30.01 L2 124.63 ~ ~ v ~ ~I LS7 37.x3 L167 41.24 177.11 'W ~y t^ LS8 74.85 W L168 49.46 lpT6 OJ W A T r ~ A ~ L59 54.59 U89 J9.26 L271 10x81 W ~ ~ AREA IN WETLAND 209,232 L80 35.10 1i70 78.78 115. W LBi x.95 L171 69.67 77.82 'W ~ O r ~ w, ~ SF ~ ~ c~ I 782 32.84 t 1172 17297 1162 4J./0 'w ~ ~ ~ ~ ~ ~ 16J 33.33 4' 1173 /6. 4r 1183 57.69 W pNj ~ ~ ~ ~ ~ ~ S / L64 67,15 '4 'W 1174 161",36 7'1 1284 55. 1'W W Z ~P N ~ D] N ~ (s! / / _ RIPE RION 785 80.90 N 4 4'W 1175 77.21 L283 45.33 D r N L68 76.42 L176 4J.57 1286 21R 'W ~ Z7 N m v BU FER EDGE L87 iS.Ja N 1 '44' L1 T7 70.72 W 893.11 ~ (rl ~ r ~ ( V` S ~ . \ ~ _ - of ~ WETLAND L88 3201 N L1 TB 50.44 L281 57J.98 D l ~ L89 40.55 NOi'i ' 4'W 1179 66.34 L289 420.00 T ~ N ~ 70 .30 L180 76. 1.290 419.68 n O / POND r L S2 N 4 1' t 'W ~ ~ L7i 23.55 1' 1181 68.61 L291 60.06 ro ~ U < ~ ~ y~ i 7 1 1182 79.21 '4 ' L292 77 '44' ~ ~ L 2 38. J N 1' ~ L ~ ~ L7J 76.04 N Li83 SJ.33 L29J 26.13 O (B O L74 37.07 N, ' L184 121.11 L294 156.59 ~ ~ t+~ L6 ~ ( ~ ~ , p L75 8.06 N L165 84.81 L293 7210 ' 4' ~ i ~ ~1 1 14 r 1 5 ~ 176 22.77 N1 '1 L 86 45. L296 7202 4. L77 57.82 4x13 L187 58.34 1 , L297 .29 14 66 _ - ve 7s.14 N ' r1 • ue6 7,.47 1 L298 69 / 779 39.83 N1 "W L789 43.84 '4 ' 1299 26.48 ~ / - L80 88.53 r40' 1190 68,59 1 ' LJ00 127.89 ~i ~ _ ~ ~ 1 80.29 L101 78.36 '4 L301 24.97 '4 ' (P ~ z O ~ 4. - L8 N 1'42'4 'W + ~ ~ ~ ~n LB2 SJ.5S '1 L192 93.82 '4 r LJ02 48.08 0 ~ ' N N / ~ L83 48.41 S1 ' 'W L193 127.80 7'1 W LJ03 50.32 4' rW D n 3 N N ~--,r` L84 79.10 7 ' 'W 1194 106.75 L304 413.14 'W Ol p • !n Las 50.81 75 '4 'W L195 44.01 L30S 77,04 7 ' 'W Leh 34.27 7 •w u96 27.36 1 1306 30.18 •w ~ n ~ LB7 42.57 r ' L197 38.72 4' LJ07 48.14 TW I~ . PUBLIC R W _ SHARTREE FARMS LANE 50 Lae 106,72 •w u9s 24.27 1306 27.50 ~ ~ / ~ / ~ m L69 5&49 L199 1.33 1.309 52.02 W ~ ~ (~7 = L9o 41.31 •w L2oo 6,.34 L31o 52.00 4 AREA INSIDE o m rn % ~ m L91 68.39 L201 50.54 Wit 86.63 ' r Q ~ Q z .47 L2o2 19.21 1311 329.0, , ~ O WETLAND EASEME T (,30 (30 L92 9 ~ g B z ~ / DZ c ~ / ~ Z_ 48.15 L203 3fi.i4 LJ1J 89.07 N7 ~ ~ y ~ C L93 N •w 8'Se'23'E J> 79,757 SF m~ D L94 6.34 1.204 3J,28 \ Q C~ S A L95 50.60 Nor L2o5 64.45 'W ~ 1.83 ACRES r- ~A z m~ / r nA L98 14.79 N 'W 79.80 71 r W G 9 A~ Le7 7o.7a N r rW L2o7 Saes r1 'w N r,1 < F Lse 2a,oe N Lzo6 74,09 N 't NCGS MONUMENT "FIVE POINT" ~ L99 14.77 N L209 +8.85 r NAD 83. D Cho U00 28.96 N '1 w L210 29.18 Z 6 i uo1 e.97 Len sa.o9 r X = 2 209 932.77 N r 'W o ~ U02 1x49 ' 4 1212 53.59 Y = 805,808,83' - t - _ ~s L9'£ Z uo3 1.1a N 7' lz 3 s6.9e ~~'ZO~b l N/F OLDE HERITAGE BUILDERS & L104 23.00 N 'S4' L214 110.23 1 ~ 3"~,( £D$ N/F WILMA T. LASSITER REALTY L105 17,35 N '44'1 L215 28. '1 ' uo6 3A32 L2i6 1x216 3 ~Q,ZS.ZOS _ _ ~ v0~~ NOW OR FORMEF LOT B LOT A )W OR FORMERLY 7 7 J7. ~ L2,7 8a.S2 _ - JAMES L. WARD PR( t o 05 N r' w L708 17.90 L218 4297 N F N, ' 'w / , 1.27 AC. TO C, > L. WARD PROPERTY PLAT RECORD FILE 3 PLAT RECORD FILE #3 i~ uo9 41.2a N , 7219 79 N/F JUNE L. PEARCE LOT C-3 MAP~OK 2000 PA .27 AC. TO C/L SLIDE 91-101 ~ SLIDE 91-t0i OOK 2000, PAGE 378 u1o 41.7e N44'55'28'E L220 44.8 S8+'2r49'E ~ PLAT RECORD FILE 3 ' D.B.993-853 ~ ~ SLIDE 91-101 ~r _ SHARTREE STATE EASEMENT MAP.DWG STATE OF NORTH CAROLINA WAKE COUNTY I, C SONYA A. WARD ,certify thot this GRAPHIC SCALE 3/JO/04 ADDED LOT LINES Tn MAP Dcw SHEET W T AND DELINEATION MAP Date: 02 25 04 E L. mop was drawn under my supervision from an actual ,~~++""+tq F,, 150 0 75 survey mode under my supervision (deed description '~N h~0 ~ SHARTREE SUBDIVISION Scale: 1 " = 150' 1 recorded in Book~~_, Po9e~~_, etc.)(other); 0 •.•;"""••.~~i~ ; that the ratio of recision as calculated b latitudes • p~E''S~G,~'•. ~ P 0000 Y ~ : Q' 9 and departure ~s >1/1,_____~; that the boundaries ! @ , , HARRIS TWSP FRANKLIN CO. N.C. not surve ed are clear{ indicated as drawn from - SEA!. Y Y Drown By: D. WARD ~~h = ,«o ~!t~ WARS ~ AC~n~IAT~~ pi i ~ of information found in Book_ Poge~_; that .4y"? this map was prepared in accordance with G.S. 47-30 y, p rv v w rvvvv r `vp as ammended. Witness my hand and seal this day of Checked By: S. WARD CIVIL ENGINEERS - SURVEYORS - LAND PLANNING 1 122 N. SALEM ST. STE 201, APEX, NC 27502 L - 4017 Field Book: TELEPHONE: (919) 367-7858 FAX: (919) 367-7833 Professio I Land Surveyor Reg. No. Date Revision By M ~ N/F EM N/F EMMA JEAN STRICKLAND PLAT RECORD FILE #3, SLIDE o PLAT RE( ~ o! 92-224 92-224 ~ - - - L286 r` w - ~ ~ C ~ w 0~ ~ ~ `'9 1284 ~ ~ SITE o ~ ~ S 128,E ( this certifies that this copy of this plat identifies as waters of the U.S. a wetlands all areas of waters of the U.S., inducting wetlands. regulated pursuant m ~Q- Q cG > ( to Section 404 of the Dean Water Act as determined by the undersigned on this Q~' ~ ~9 ~ p date. Unless there is a change in law of our published regulations, this N C ti^ determination of Section 404 jurisdiction may be relied upon for o period not to exceed flue years from this dote. this determination was made utpiiing the 1987 ' tiW ti~ ~ Y 8 F a~ ~ Corps of Engineers Wetlands Delineation Manual, 8 ~0 4~ 0 Name. LA-~owsky 0 1 o ' ati 6`1 title: f~v 1~~vuF.~a~4~ ~ L199 ^ ~ ~ - ~ ~ O N J 'J ~ ~1 `0 Date: ~ cn ~ ~ •200 L6 t i ~ ~ o ~ ~ N Oti ~ AID: t\ Z J ~ ~ ~i o 2 S~ N/F OLDE HERITAGE BUILDERS & ti m ~ ^ oti~ / / ~o a a o a' REALTY w /v l~ ~ ~ i err cz / i ~ ~ 8 D.6.1018,PG.349 o~ ~2 , / N,C.GRID NORTH NAD 27. o r~ ~~/~6~'1 PUNT RECORD FlLE }3 -SLIDE 91 iD2 //`g ~ 6911 SR ~ Vti~ v Sy 6~~' ~ 2p Q ~ ~ mm S, 9,p~ ~ AG o ~ DZ ~ 6~ F ~ ~ Z_ ~1, D 0 ~ y ~ Irv ~ N ~ CURVE LENGTH RADIUS CORD BRG. CORD ~ k~ ~ C1 172.45 1150.49 S31'Oe'07'w 172.29 ti C,~ r ti~ N ~ r-- Ce VICINITY MAP (N.T.S.) N ti d~ N N ti^ N LENGTH BEARING LINE LENGTH BEARING / N N ~ N LINE LENGTH BEARING LI E _ _ L1 28.38 N 4' 1' L111 81.80 N 7 L221 80.08 T ; ~ ~Z,1 N 4 N N/F DAMS GROUP FARMS, PLLC L2 258.83 N 3 L112 10.83 Nt ' 4' L222 87.18 0' ~ ~ 17.79 L113 50.18 N64 ' 1` 1223 53.59 4' ~ ,/ti1 L3 N 1 L270 / ~ ~O D.B. 1116,PG.259 L4 22.19 N '1 ' L114 9271 4 54.48 sti ~ e, `f0.9 N i i 8 ~ Li15 M.SS N '1 ' 57.89 LS 10.93 'W ~ L6 87.87 L118 53.40 r L2Z6 71.08 ~ ~rn r y ~ 7 qG ~F ti N 6~ L176 7 31.93 '4 L117 29.84 N 7 27.42 0~ L W ~ ~ ~ ^ 5 LB 8.71 y7' L1t8 80 N '41' 1228 4.38 " it 7S 4' 30.99 ~ 1 L9 26.12 1 L 9 J0. ~9Z ~ ~~9~ r s ( ~)~4 0 L10 33.95 '4' L120 30.13 1 L230 8281 ~ ^L9Zl U1 28.27 N "W U21 4220 1231 15.61 ti a ~ s ~~s ~£Z1 ti ! r ~ e ~1 ° \ ~~0~ L23 Z1 / /55~~9S1~ Sj m _ (>>7 122 80.98 21,09 99 L12 42.91 7T L 0 9 c,~ ~ ~ ~ r ? y r ss~ 172 ~ U3 4271 1123 18.32 51.87 r ' 1 4 5212 1 76.37 L14 41.19 7 'i W L 2 !,S w L15 55.39 L125 40.12 N 4 23.72 ~ ~ ~ ~ ~ti L 1 Ov, 10~ S~ L18 54.74 7 1128 175.88 1270. 53.37 L17 52.08 1127 45.72 1237 24.98 / w ~ lrS9 ro ~ LO t1 ~i~ ~~SO \ X CROSSING AREA 47 4 U28 14.78 L23e 17.74 4' ti~ ^ L19 2 L19 71.09 7' L129 130.07 4 ' L2a0 4257 7' 6~ / ~iti ll 80ti1 0~ ( 6 6~ ~ 14 2 1 1 L20 10.05 T 1130 144.89 1' L240 97.84 ~ d 1 ! > 0 lj \ ~ r r `0`~ !7~ ~ O47 ~ L21 31.51 L131 150.24 LZ41 7J.e8 ~ L22 128.75 4' W Lt32 247.39 ' r 1242 2J. r N y `1 4 7 L23 32.11 4• 1173 80.22 1243 23.72 7 N rn (r ~ ~ 3 ~ 1 ~ L24 87,48 N Li34 51.99 1244 42.21 / U' L25 25.47 W5 00 1245 11.84 "W L136 38.41 1+448 16.74 L26 l27 49.34 L137 26.21 1211 1 86 N ti ~ 1!r ~~A ,a1'~ r 'y ° ~ srS L28 50,98 Life 1248 100.90 '1 ' ~ N a ~ 9 O)S ~ ~ u L~ ~a ! ~ L29 1.97 11~ Z3.f7 49 Li0 43.05 U40 15.51 L250 1 ~ 9 ~ \r o e ~ L31 43.48 1141 28.37 1251 Y .71 I N~ ti^ _ ~ \s ~ 1 2 250 L249 •l` lrr~ rl 1 38 L32 72.87 L142 69 98.11 ' 25C L33 81.19 1143 29.27 1153 260. ~.~---_ZSZ~ l9Zl ~ _ ~ 9 L34 45.47 N U44 84.73 1 t 1 £5Z1 ~25 ti L35 43.81 1116 .82 '1.!1.98 \ Jl ~ ~ !~9 < w C 1 L38 45.25 11 76 f.94 'i 7 r (2 l ~Le 9 ! l12 ? 137 J4 u4 ~ 5 N B 16 " o ~ AREA IN ~ ti 139 31 f4y 1 't Y~y. - ~ (se s91 ~ ~ w ?s 1, WETL EASE~iEN ~ , , ~ : ~ _ _ ~ ~ - ~ ? L4J .78"87 N7- _ L153 84.40 L283 57. tt~ a r~ ~ ~ ~ ~ ~ C C8 6 L44 79.53 L154 58.38 ~5. ACRES 115 ee u56 19 ~ 118 t use ' ! ~ 8 ~ ! s 14 7. +10 , ZZ~ 148 1.14 1 13 ~ ~ ~v~ 6 L49 17.70 L1 81 i ^0 1 .06 ? ~c' s~. ° r~ L50 28.38 80 81 '~gi~ 11 4. 127f w l NOW OR FORMERLY L51 111.30 L 6 2 (~\9 ~ ? ~ o 152 23.fie tee 111 1272 'w ~ 2 ~ ^ DANIEL & CHRISTINE PAGee LS3 21.52 ue3 L273 58.08 'W N I\ O ~ ~x~itM .~:w ~ ~ 1 'w 1274 9oe+ ~ N> f*1 PROPERTY 5,00 AC. , 128 ~I ° r 1 ~5 50,91 1 i 1Z76 57x4 W ~ o, ~ MAP BOOK 1998, PAGE 328 ~1 w ~ lsa 4265 7' 1 at 1276 124.e3 'w v` r p7 1 .21 LS7 37.07 7 L1 7 41.24 7' 17 W 9R 1n ~ ~I r 74.85 "W L188 10.46 96.03 W L58 L59 54.59 7 W It x.26 1279 t08.~ 7 ' 'W ~ 1~ `J AREA IN WETLAND 209,232 L60 55.40 L1711 78.78 115:d8 'W L8i 59.95 W L171 89.51 77.82 'W ~ ~ r 00 N r~ SF ~ ~ ~ l62 7284 f• 1172 f7297 43.40 'w N ~ N c0 00 1 LBJ 33.33 't ' L173 /e 1293 57.89 4 'W ~ Z ~ ~ N (i L84 67,15 '4 U74 182. 1 12e4 55.70 1'W W ~ ni r ~ !S / RIPARION A ~ ~ BUFFER L65 80.90 N '4 Lt75 77,81 12e5 46.33 D r n' ~i ~ EDGE ~ \ly sS OF L88 78.42 N L178 13.57 219.2x 'W ~ :T1 ~ tT1 v+ 167 15.38 N L177 10.72 893.11 N7 ~ g \ W ~ WETLAND L69 3?.01 N L17e 50.'14 1288 573.98 D ~ ~ 1 34 L289 00 ` (n N L69 40.55 17 ' 4 L 79 ~ < \ \ L70 52.30 N 1'51' L180 79, L290 0.88 N ^ W / POND r 34 ~ ( ~ L71 23.55 N L181 68.81 L291 O6 N r0~ p~ Ui r- L72 38.13 N 4 1 1162 79.21 L292 J0. N i' ~ ~ ~ -a ~ z'~ y` L ~ ~ L73 78.04 N L183 53. L293 N ~ 9 a 74 57.07 N L184 121.11 L294 / N4 ~ ~ L6 ro L 1 ' ~ ( ~ \ ~ L75 6.08 N L165 84.81 L295 72.10 6ti: i r ~ ~1 ~a ~ L76 22.77 1 1 L188 45.14 L296 7262 / r L77 57.82 47'1 Li87 58. 1 1 LZ97 78.2D 4" X64' I ~ ~ , _ - ~ U8 15.74 47'1 L188 71.47 1 'N L20e 89.84 4 / L79 39.87 N 1' Lte9 43.84 '4' L299 28.46 1 / L80 68.53 T Lt90 88.59 i 127.89 'w N - _ ~ L191 T6. LJ01 29.97 'W ~ ~ z ' ~ ~ ~ f'; ^ - L81 60.29 N '42'4 W 192 93.82 17' 46.08 1 `W ~ u 4' ~ ti L82 53.55 '1 t 0 ~ „ / U L83 48.41 S1 'w 1193 127.60 50.52 W D n 3p1 N N L84 79.10 17 ' Li94 168.75 L304 413.24 N 'W ~ ~ Q ' N L85 50.61 4 'W U95 44.01 1306 77.04 'W ~ , Les 3x.27 i L196 27.3e 13oe 50.16 41 'w ~ n ~ ( ~ BLIC R W ARTREE FARMS LANE 50 PU - i L87 42.57 1197 38.72 4' L107 48.14 7'W ~ ~ (31 Lae 108.72 'W L198 24.27 LJ06 27.50 LJ09 52.02 'w r ~ Lag se.4s w u99 6i:s~4 r ~ w1o 52.00 4 •w - AREA INSIDE 37o mo L90 41.31 4 1200 r~ fTt D° / D Z 1 1201 50.54 L311 88.83 W ~ ( z v 8&39 329.07 ~ o WETLAND EASEME T (30 308 A~ i ~ / ~ Z L92 19.47 L202 19.21 1312 N7 'E ~ ~ 9 / ~ m L93 48.15 N T 1203 35.14 1313 69.07 N79'S8'2J`E D 79, 757 SF A,~, m vW D z~ ~ / r L94 6.34 f L204 33.28 ~ ~ C7 ~ 6• A lss 50.80 Nor L2o5 64.45 g 1,83 ACRES r S zf m / 196 14.79 N •W 1268 79.80 17'17' ~ ~ ~ Af r i LB7 10.78 N r 7'W L207 96.85 r "W N ~ (~Q m Lse u.oe N 'w L208 14.09 N 'n NCGS MONUMENT "FIDE POINT" r- m i L99 14.77 N `W 1209 48.85 71 r NAD 83. D `~S L100 28.98 N 1 `W L210 29.18 '1 'w X = 9 •77 ~ L101 6.97 N r 'w L211 s&O? 2,20 ,932 Li02 13.48 N '14 1212 53.59 Y = 805,808,83' L103 1.10 r 1213 58.98 1 S L9'££Z N/F OLDE HERITAGE BUILDERS & L214 110.23 Z01z1 3.90,L£.£OS L104 27.00 N REALTY N/F WILMA T. LASSITER L105 17.35 '44'1 L215 2&88 '11 t 1o21e 3„ 10,Z5~Z~ _ _ _ 40£~ NOW OR FORME L106 39.32 TOTW L2 8 N _ _ _ IOW OR FORMERLY LOT B LOT A PLAT RECORD FILE 3 JAMES L. WAR L107 37.05 r W L217 88.52 N S L. WARD PROPERTY PLAT RECORD FILE #3 # 1.27 AC. TO C L SLIDE 91-101 SLIDE 91-101 L108 17.90 1 '4 "W L218 42.97 ~ N/F ~ ~ 1.27 AC. TO ~ L109 41.zo N5J'38't ` L2t9 e.la N F JUNE L. PEARCE LOT C-3 MAP~OK 2000, P BOOK 2000, PAGE 378 44. / u1o 4a.7s N44'55'28"E 1220 9a s64'2r49•E D.B.993-853 PLAT RECORD FILE #3 ~ - SLIDE 91-101 I _ - SHARTREE\STATE EASEMENT MAP.DWG STATE OF NORTH CARGLINA WAKE COUNTY I, C 3 30 04 ADDED lOT LINES TO hIAP OCW SHEET GRAPHIC SCALE ~ ~ IN ATION MAP W ~ AND DES E 4 E~ Dote: 02~25~0 SONYA A, WARD ,certify that this mop was drown under my supervision from On actual ,,,~~~~"idrir{,l~ 150 a 75 a 75 so ~ ~ e~ HARTR E SUBDIVISION S E survey mode under my supervision (deed description ~~N C.^„0.Q Scale: 1 " = 150' 1 recorded .n Book_~- Poge_ etc.)(other), ~ , ; that the rotio of precision as calculated by latitudes Q~~``~'~4'.a;'»,' and departure is j _I_p0_00__~i that the boundories ; ~,J HARRIS TWSP FRANKLIN CO. N.C. not surve ed ore cleort indicoted as drawn from °~=r' j _ Y Y _ Drawn By: D. WARD 1 inch = 154 ftw T PLC °F infnrmntinn fnimr{ in Rnnk Poae :that ir" ! -4G'.' _ WARD & ASSOCIA ES, L this map was prepared in accordance with G.S. 47-30 as ommended. Witness my hand and seal this day of Checked BY: S. WARD CVIL ENGINEERS - SURVEYORS - LAND PLANNING 1 - .22 N. SALEM ST. STE 201, APEX, NC 27502 _ L 4017 + Field Book: TELEPHONE: (919) 367-7858 FAX: (919) 367-7833 Date Revision By Professional Land Surveyor Reg. No. _ _ o N/F EMM ~ ~ ~ PLAT RE( N/F EMMA JEAN STRICKLAND PLAT RECORD FILE #3, SLIDE ° w _ _ 92-224 92-224 i ~ p' - - L286 ~ 4 I ~ Z 0~ ~ ~ SITE J` ~ ~s L?` m ~ ~ ~ ~ 83 ~2 mis certifies that this copy of this plat identifies os waters of the U.S. a Q ~ ~ wetlands all areas of waters of the U.S., including wetlands. regulated pursuant \ ~ N ~ ( to Section 404 of the Geon Water Act as determined by the undersigned on this 0 date. Unless there is a change in low of our published regulations, this C ~0, V ~ti ti~ y ~ ~ determination of Section 404 jurisdiction may be relied upon fa o period no# to 98 exceed five years from this date. This determination was mode utfiting the 1981 ti~ti Corps of En ineers Wetlands Delineation Manual. 0 d'o ~ 0~~ ~ r~ ~ Name.-_- l~._~_us~ D ~~ti ^ y61~ title: h~ J N o L199 ~ ~ ~ v n 2 ~ ~ t0 u, •~20 1.6~~ wr0 Date: -----v`-'_a_-o~ - 0 0 a ~ ~ N o~' ~ AID: 2 SR N/F OLDE HERITAGE BUILDERS & ti ~ a oti ~ 0 p ~~j REALTY ti ~ ^ ~ 6 D.B.1018 P . w o ~ G 349 l~" ~ p V~ r>> / i Sp ~ Q ~ 2 , / ~ N.C.CPoD NORiH NAD 21. 6~~ PIAT RECORD FILE 3 - SUDE 91-102 ~Q~ ~ titi ~ .-I fTl ~ s / 681 ~y `ti / ~8 mm ~ s' 9'P 6 ~ ~ D Z AG ~ ~ ~\F~, o ~ ~ ~ Z ~1, D CURVE LENGTH RADIUS CORD BRG, CORD ~i0 ,n ~ r 9 r c1 n2.45 nso.49 s31roe'orw n2.29 'P 9~ N ~ ~~S ~ ~ 1 VICINITY MAP (N,T.S.) 9yF N N ( f- n ti \ i ~ ~ i N r r ~ ti^ LINE LENGTH BEARING LINE LENGTH BEARING LINE LENGTH BEARING - r U 28.38 N 4 ' r u1, 81,80 N44'17 -L221 eo.oe 1 N W L2 258.83 L112 10.81 N1 ' 24 LY22 87.18 70' g~ti N 4 L7 17.79 N 1 W L113 50.16 N 4 'it' 1223 SJ.59 U 22.19 N t' L114 92.71 N '4' L224 54.4e L270 N 6~ N/F DAMS GROUP FARMS, pL~C ~.,,r L5 10.91 N '14' 'W L1IS 44,SS N 411' i 1225 57.89 / s ~ A 0.8. 1116,PG.259 Sti m\ e, LB 87.87 •4 U18 SJ.40 71 L226 31,08 n L7 JL93 N "W L117 29.84 L227 27,42 0,~' q'Q l~~N > ~ 1>L1)s \ L8 6.71 '17' L1t8 52.e0 '41' 1328 4.38 71 ~ L9 26.12 Lt 19 30.75 74' L229 30.D9 LB Fin ti 0 17g , Lt0 33.95 '4 41' L120 39.13 1 1230 6281 y 't 9Z~ 69~'~ i ~~0 4Z~ ~ ~ ~ U1 28.27 L121 42.20 t? 16.01 t j L U2 42.91 It ~ 7r 12 00.96 't ' 1232 1.09 ~9 54 'P\9~ ~ r 6 t~ ( G a~ s ~~s ~~Z~ z ( ~ t~ o~ 4 L23 Zl ~ 5`~9SR ~S> ~ B (1) L13 42.71 L123 18.32 W L233 51.87 n ~ ~ s6~ L1) L14 41.49 74'1 ' U24 52.12 1 L234 36.17 ~ ~ L15 55.39 i• L12S 40.12 N 41 ' 1235 25.72 7 / ~ ,~~d ~ cn ~ ? w Lt8 54,74 L126 135.66 1236 5537 7• l17 52.06 L127 45,72 L237 24.98 ; h Se C 16 L18 47.42 N 'W L128 1{,78 1230 17.74 ,L^ / n ~ \ (~S ~ tOiD C~~ ~~SD \9 CROSSING AREA L19 11.09 N 7' 'W L129 138.01 '4 ' L239 42.37 ~ ru 7' L20 10.05 7' 'W L1J0 144.89 1' 7" 1210 97.84 77' ~ % ,4~ ~ n ~o~~ oo \ ( X 90 X14 6 6 \ L21 31.51 N W L131 150.24 7 '4T L241 73,86 % ti 1 ( 1 0 6 \ ~ ~ L22 128.75 W 1132 247.38 ' T 'W L242 21.01 t ~ ~ l23 32.11 {•4 L133 60,22 4' TW L24J 72 't ~ nt L24 87.46 N 1134 51.99 'W L244 42.21 / W L25 25.47 1135 80.00 L245 28.29 N c, 4 v ! ~ . ~ 111 ~ A 3 l28 11.84 L1J6 10,41 1248 4574 ~ L27 49.34 1137 2021 L247 1 OS N L2B 50.98 L13e 43.05 L218 , 90 t'1 ~ rn >y~ r 'y 24 A~ L29 1.97 1139 2x,17 L240 70.73 N L30 43.05 1140 18.61 L~0 , 23 o o y L31 43.46 1141 26.37 .79 1 ~ ~ t-b lg ~ ~ s 4 ~ ? (90 `~1 l32 12.87 1142 69.66 1252 90.91 ~ ~0+ 250 L33 Bt,iD 4 U43 29.27 1,181. 23 ( - (8 6 ~ h 25 - - \9 ~ 2 L34 45.47 1144 64.73 51 7 ~6~ ~..-~~~ZSZ~ 16Z~ i p - L24_ J ~ 138 - ~ \ 9,p B L35 43.91 L146 21.e2 ~ ~ \?S 21 £SZ') l38 45.25 Lill 75 94 •t ~ _ ~ \ d ~ ( w C 135 _ s ~ 0 1i34 L37 39.0+ u4~ ~ _ l38 6Q68 1 , N `?S \ ~8~ ~ ~ ~ 1i3 r J1 0 9 ~ AREA IN ~ ti L ~1 9 L2 36.n ~ _ ~ , X41 WETL EASEMEN `'s, 9~ ~ ~ F S ci 6B 69D ~`~0 w (7? _ - L42 - t - - _ - - - ~ 3O~ e 1 30~ ( \ _ \ _ (12 j X32 L13 78.67 r L153 64.0 1263 S7. _ ~ l44 79.53 L1S4 / ~ 6 2 1f ~ - ~ Z ££l tL'1 1£'1 ~ 6 1 l83 / 2e 116 20.8E U6s 19 ~5. ACRES L48 ,555 1 2 s a' ~ C 16 \ L47 7.36 L48 1.18 L, 13 •w \ / Zll L49 13.70 1159 76.N •W \ i / L50 28.38 L160 81,Oe L210 7 41' ? ~ S L51 111,30 U 1 24.'18 1271 94. 'w ~ / SQ'i~ ~0 6 L52 23.e8 ui1 1e~ 1272 33,00 4•w NOW OR FORMERLY r, ~C~ o w , ~ ~ `~D L53 21.52 li 50.83 •w 1273 56.0E 'w 2~ ~ ^ DANIEL dt CHRISTINE PAG~e~ L54 48.48 It 4 17.27 •W L274 90,64 N ~ rrt l\ O, ~ ~x~stk N ~ N, m PROPERTY 5.00 AC. , L55 50.91 L10S 43.67 ' t•W L275 57.34 't 'w W N -i r a- MAP BOOK 1998, PAGE 328 8 ° I L58 42.65 7 7' 'W 1166 30.01 L276 124.83 N 49'W W v L57 37.03 7 U67 41,24 r 12 127.21 N •W (~9 " r ~ - I ~ I L58 74,65 7 "W 1186 49.48 T L278 96.01 N rW F ~ r L59 54.59 7 'W L180 19.26 ~ t •W ~ r L60 55.40 L170 78.78 115.69 ` AREA IN WETLAND 209,232 L61 59.95 rw 1171 69.57 1261 .82 'w ~ L62 3284 1 w 1172 172.7 1282 43,40 'W N ~ ~ ~ ` U r ~ N ~ I , SF L6J 33.33 174' 'W 1173 46,23 y L28J 57.69 'w ~ Z c~P oo N r (S ~ ~ ~ \ ~ S / 50 L64 67.15 S7 '4 W L174 162.36 1 1204 70 i'W W A ~ L65 60.90 N '4 ' 4'w L175 77.21 L285 tp ~ N W (SA / RIPARION L88 76.42 N L176 13.67 1286 1 1'W ~ r tri ~i L87 15.38 N '44' L177 7 ,72 L287 013. N ~ m ~ W ~ ~ BUFFER r-- EDGE L88 32.01 N g• L178 44 L288 511, ~ D ~ i L69 40.55 N01'1 ' 4'W 1179 68,14 L2B9 12000 ' N L70 52.30 N3451' t' L1e0 76,72 L290 419,86. N n ~ ~ ~ WETLAND L71 21.55 NOt L181 66.81 L291 ~ ~ POND r L72 38.13 N34 1' L182 79.21 •4 1292 77 N 44' V cn ( ~ ~ f ~ ~ ~ ~ L73 78.04 N ' r L183 53.53 1293 O O r ~ ~ ~D u{ L74 57.07 N18 L184 121.11 L294 158,69 N ' ~ n L75 6.06 '0 ' L1e5 64.81. ~yS 72,,0 2 • , ni yl L6 ~ ~ L 1 ~ v L78 22.77 N1 't5' 1186 45.14 1296 72,02 g6~ ; 1 5~ ~ ~ ~ ~ ~ I L77 57.62 N '4r1 ' 1187 56.34 1 L297 78.29 '14 ~ 66 L78 15,74 N '4rt ' L188 71.47 1 'W 1298 89,84 g' / I ~ i-- ~ i _ L79 39.83 Ni 1' 'W L189 43.84 L299 26.40 L60 88.53 r L190 88.58 1300 127.69 'W / - ~ L81 60.29 N 1'42'4 W Lt91 78.58 • ' L30t 29.97 ~ p ~ '49'W ~ z O u 4' ^ - v , L82 SJ.55 1 "W 1192 91.82 4 r L302 16.00 'W ~ (rl ~ ti LB3 48.41 1 ' 4'W L193 127,90 1'1 L303 50. ' rw - N ni / ~ L84 79.10 , •W L194 108.75 L301 413.24 N •w D ' 30j N N L85 50.61 7 "W L19S 44.01 L305 77,01 »w ~ ~ ~ ~ L88 34.27 St L196 27.38 L306 50.16 'w ~ ~ ~1 i L87 4257 7' W 1197 JE.72 LJ07 48.14 7•w (7~ • L88 108.72 44'W L198 24.27 L308 27.50 'w ~ (n ~3) 0 PUBLIC R W SHARTREE FARMS LANE 5 T L69 58.46 w 1199 1.33 L309 5202 ~ 'W r ~ (3 / L9o 41.31 ' •w L200 x1.54 ' 13,0 52,00 ~ "w - AREA INSIDE 70 =N L91 88.39 'W L201 50.54 L311 86.63 '0TW ~ ~ ~ a SN , / ~ D ~ ~ r~ L92 19.x7 1202 19.21 L312 319,07 N7 ' 3' O O WETLAND EASEME T ~3o A v A~ / D Z ~ / / ~Z L93 46.15 'W L203 35.14 L313 69.07 N78~6'23'E 9 8 / ~ m L94 6.34 1 W L2a4 33.29 D 79,757 SF tiA z~ ~m _r L95 50.80 L205 84. \ ~ C7 9• m m L9s 14.76 Nor ; w L2o6 79.D~D w < 1,83 ACRES r ~s s~• ~A. 1 T1rW W ~ p, A F m~ / r L97 10.76 N 7' 7'W L207 90.85 T1 'W ' ~ AF / r L98 2&08 L208 74.09 '1 N m F m Lee 14.77 N NCGS MONUMENT "FIVE POINT" ~ 0~ ' w N 1 7' NAD 83. D m i L100 28.96 N '1 W L210 28.18 Z ~6 L101 8.97 N r W L211 58.09 X = 2,209,932.77 0 ~ uoz 13.49 'u• Lz12 x3.59 Y = 805,808,83' '~o ~I L103 1.10 N07 7 L213 56,98 t - S L9'££Z L104 21.00 N 'S4' 'E L214 110.2) ~7 ~ Z N/F OLDE HERITAGE BUILDERS & L105 17.35 N •41'10' L215 28.86 4 '11' r 7 \ 3„90,L£.£D$ N F WILMA T. A IT R / L SS E REALTY L1o8 38.32 N T Tw L218 102.16 N 1'44' lC,Z7•~OJ _ _ ~ 40£~ NOW OR FORMERL L107 37.05 N r43' D'W L217 86.52 N - - ~ JAMES L. WARD PROF ~ N OR FORMERLY LOT 8 ~ LOT A L108 17.90 N13 '4 'W L218 42,97 i ~ - - N/F L109 41.20 N53' '1 'E L219 8.79 1.27 AC. TO C/l L. WARD PROPERTY PLAT RECORD FILE 3 ~ P ~ LAT RECORD FILE #3 27 AC. TO C L SLIDE 91-101 SLIDE 91-101 uto 4t.7a N44'55'28'E 1220 44.9E {'2r4• N/F JUNE L. PEARCE , LOT C-3 ~ ss 9 E MAP~OK 2000 PAC / ~ OK 2000, PAGE 378 D.8.993-853 ~ PLAT RECORD FILE #3 ' ~ SLIDE 91-101 \ \ - - - - SHARTREE\STATE EASEMENT MAP.DWG STATE OF NORTH CAROLINA WAKE COUNTY I, SONYA A. WARD ,certify that this Cr~ CrRAPHIC SCALE ~/~/o~ ~nDED Lor uses ro uaa Dcw ~ SHEET mop was drawn under my supervision from an actuol ,,~~~"~~j~~, survey made under my supervision (deed description t~ tso 0 7s Date: 02 25 04 WETLAND DELINEATION MAP R~ M.0 recorded in Book_ ~ Page"__, etc.)(other); y0'.•'""„ ° 'S ~ e~ HARTR S EE SUBDIVISI0~1 that the ratio of precision as colculated by latitudes ~,.•'~F~"a~G~°~s' ' Scale: 1 " = 150' ~ I and departure is >1/ 100_00_ that the boundaries y ~Q~ e not surveyed are clearly indicated as drown from = 2 5~~.? = t ~ SET) HARRIS TWSP FRANKLIN CO. N.C. information found ,n Book_ Page_ that 2 q ; • q~~~+? rY Drown By: D. WARD i inch = 150 ft. inin~n o. nccnr~inTrc~ ni i r~ ~F this man wns nrennred in nccnrrinnc~ with (;S 47-if1 - U? _ as ammended. Witness my hand and seal this YYIIF\U OC HJJUI~INI CJ, I"LLI, day of Checked By: S, WARD CIVIL ENGINEERS - SURVEYORS - LAND PLANNING L-4017 1 21 N. SALEM ST. STE 201, APEX, NC 27502 Professional Land Surveyor Reg. No. Field Book: TELEPHONE: (919) 367-7858 FAX: (919) 367-7833 Date Revision By ~ ~ N/F EMM~ N/F EMMA JEAN STRICKLAND PLAT RECORD FILE #3, SLIDE o ~ PLAT REC ~ ~ \ 92-224 92-224 o - - - - L286 ~ w 0' I ~ z 0 ~ ~s 1283 ~ SITE .,0 0~ S ( This certifies that this copy of this plat identifies as waters of the U.S. a Q \ , X82 m ~Q~ ~ GJ' wetlands all areos of waters of the U.S., includ'mg wetlands. regulated pursuant I to Section 404 of the Clean Water Act os determined by the undersigned on this Q ~ 6~ ( p date. Unless there is a change in law of our published regulations, this N ti~ determination of Section 404 prisdictlon may be relied upon for a period not to exceed fve yeors from this dole. ?his determination was made ut~iiing the 1987 ~ ti ti wy F~ `tip Corps of Engineers Wetlands Del'~neation Manual. 98 'P ~o 0 1, 4~Z Oti Name: ~ A.w~~.d.tc~~SW ~ 0 / f I r` 6`~ title: ~.~-r.7?r }Re?~'a+1Cr~14t- ~ >a o L199 ~ ~ ~ N ~ v ~ ~ ° -a N . C2 6~ Date: ~ ti~ ~ ~ co cn ~ ~ Op 1. t i' o ~ 0 ~ ~ 2 a ~ ~ N ~ AID: S ~ SR N/F OLDE HERITAGE BUILDERS & ti ~ ~ a REALTY w ~o ti r~~ ~ IV ~ ~ ~ 8 D.B.1018,PG,349 ~ Op a / ~ F ~ / ~ Z / 1 N.C.CRID NORTH HAD 27. ~ ~ ~ PLAT RECORD RLE ~b -SUDS 91-102 l ~ `t cn ~ ~Lti p ~ Qw _ / g `g ~ 6811 ~m ' Asti `ti s• 9,p 6 ~w rrt m DZ AG ~ ~ 9~~~ ~ ~ 0 ~ Z ti; _ 0V CURVE LENGTH RADIUS CORD BRG. CORD D r ~ 9~ ti ~ ~~'s ~ C1 17245 1150.49 S3t'OB'07'r( 172.29.. l ~ ~y I r yV ~F `N ~ i N VICINITY MAP (N.T,S.) \ j ~ / - ~ A r N ~N W r ti^ N ~ N W ~ ~ NTH FARING LINE LENGTH BEARING LINE LENGTH BEARING ~ LINE ~E G B - - - - - ~ u -2e.3e N 4 ' r ult 61.80 7r eaos gti~ N i 4 L2 258.83 N ' S'W Li12 10.83 4 87.18 'a N 6~ N~F DAMS GROUP FARMS, PLLC ~ ~ ~ ~(1 D.B. ?1'6,PG.259 1113 50.18 N L213 53.59 ~1 1 L3 17.79 N 1 ' TW L270 L4 22.19 N 'i 'W Li14 8271 1224 84.48 ~ sti m ~ e, L5 ~ 10.93 4' "'M Li i 5 44.55 1' 57.89 N L6 87.87 N '4 Ut8 SJ.40 1 1Y26 31. ~ ti so.9 N ~Z e ~ 'p~ 5 r`m r- - ~ AG,pF ti N 6ti L1~6 C I L7 31.9J N 1 '4 'W L117 29.84 1227 27.42 rp~ ~ / 6 F ~ ~ 5 LB 6.71 N '1r L11B 5280 '41 1228 b3e 1 L119 30.75 4' LZ7) 30.99 ~ 19 2s.12 ' Y ~ ggti a / 6 ( ~~~4 Lt0 33.95 N '4 '41' L120 39.13 L230 0 L9Z~ d ~'p0.-' ~ i~~s ~~2~ ~ ~ g it p 6~ Z,, `198[1' S rn - ~ lt1 28.27 4 'W L121 42.20 1231 1 Ot 1 tit 1122 60.98 1232 21.08 g L12 42.91 7T W g ~ 0~~ \ y L23 / /85 ~ v ~ ~ ~ r ~i ~ ~ q8' r- ~O' ~6~ 172 'J L13 42.71 7 'i ' L123 18,32 1233 51.87 _ 14 .12 1234 J8.37 ~ Lt4 41,49 74'1 ' 'w L 2 S2 t ' ~ l> SB C76 t L125 40.11 47 L235 2572 G, / LS 55.J9 1'44'1 'W I ~ ti UO OS 1 s~ !I Lt6 54.14 N 7 L126 135.88 L2J6 5537 Lt 7 52.06 4' U 27 45.72 1" L2S7 ?4 ~ i ti 8' 0~---- ~ ~l i > 9 ~ CR05SiNG AREA i ~ LO ~SO ~ ~ i ~ Li 8' 47.42 N 'w L128 14.78 1238 1 , 4 ti ~ ti i 6 90 `~14 rp \ U9, 71.09 N r "W Li29 138.07 '41' L239 7 0 0 L20! _ 10.05 N r 'W L130 144.89 N 1' T 1240 91.84 '4 i 2 ~ ~ i ~ ~ p ~ L2t 31.51 N 'W L131 150.24 7 '4r 4' 1241 73,88 I 122 i26.75 N 4' 'W L132 247.39 '4r 'W L242 23.01 1 ' ~ I ~ ~ 7j \ ~ I ` ~ r ~~~0 Oy 4j . ~ 123 ~ _ 32. t t N L133 80,22 '1 L243 2J.72 '1 p~ ~ 3 A (p ~ 111<~ L2a 67.46 N 'w L134 51.99 L244 42.21 7 w , L25 _ 25.47 N 'W 1135 8D,00 L245 28.29 7 1 ~ tv (lA \ L26 11.84 it 1138 J6.4i L248 45.74 1 7 20.21 L247 109.85 N L27 _ 49.34 N 'W L J ~ ti 4(~ ~ 14 A 1281 50.98 4 'W L136 43.05 L248 106.90 17 ~ ~ ~~A a ~ ti ~ ~ ~ 9'A (>>S \ 4 1 .17 1249 76.7J N 139 1.97 N 'W L 39 23 L30~ 43.05 L140 15.51 L200 158.25 7 ' l 4 9 'p ~ \ ~6 0 ~ ~ C> 141 26.37 L251 107.79 i ~ 131 43.48 L 'F4' I N i ti~ _ _ ~9 (n ~ 1 2 L32 ~ 72.87 L142 89.68 1252 98.91 ~i 25 L33 81.19 ' 4'W L143 29.27 L233 250 L249 T ~ 38 _ ~ \y ~ ~8 ~ w 4, 4 47 1144 84.73 Aso -ZSZ~ ISZi L3 5. ~ , 43.1 L146 21.82 ~ \?5 tit 135 8 4 ~ _ ~ 6 2~ 0135 ~ 0/ C 134 i L36 45.25 L116 23.75 'I ~ ~ ~ (6~ ~ C 2 C133 7 L147 80.30 ' ~ T r• ( _ L3 39,01 N \?S i L38 60.68 L148 t8 tp 6 I _ l ~ C8 9 ( 712 ,,.55 u49 ,1, 4 AREA INS ~ ~ ~ ~ N 36. L1 C I L'~ , ~ i,~ WETL EASEMENT `'s, ~ L42 46,iS l _ _ -y ~ - ~ _a1~ - - - 30~ t _ - L43. 7D.67 7 r Li53 64.40 L183 57.93 ~ , I ~ 9~~" ~ 9~1 t, ~ ~ , 9Z'1 l£'i Z f£~ ~ ? L44 79.53 T L154 56.38 ~ ~ gZ ~ ~ ~5, ACRES 0 s C Lg ~ ~ L45 20.66 1155 40.19 / L L48 15.55 1156 62.49 W Zz, ~ ~ ~ s `'S S L47 7.38 1S /0 d. w U8 Lt6 C158 iJ ~ , tin L49 13,70 1159 78,86 ~ 0 ~ ~ L50 28.38 1180 81.08 ~ ~ S~, Ls1 m.3o uet 24.76 ( ~ NOW OR FORMERLY , JS 4Q s W l52 23.68 1162 's s {ir ~ \ ~x~eth \ 153 2t 52 163 N w r-~ ~ ~ DANIEL & CHRISTINE PAG~x~st~ N~ o ~ m RTY . 0 AC. L54 48 48 u64 ~ •w ~ N, PROPE 5 0 , a ~ L16s 43.67 w w ~ o. ~ ~ MAP 800K 1998, PAGE 328 are L55 50.A1 \ 156 4265 7 W 1168 30.01 W U` dri O ~ 28 ~ ~ i ~ L51 37.OJ 7 'W 1187 41.24 'W C~9 ~ L58 74.85 7 'W 1188 49.48 'W 7'W X L59 54.59 7 W L160 39.26 7 'W 1 'W a' ~ ~ ~ ~ r~ I ~ { ~ AREA IN WE,~AND 209,232 L60 55.40 'W L17o 78.78 4 'W 1 r ~ f ~ SF N ~ I l61 59.95 44' 7'W L171 69.57 7 'W ~ ~ ~ r L62 i 3264 1 5TW L172 172.97 1 '41' L282 'W N ~ N c0 ~ , L6J ~ 33.J3 1'14' 'w 1173 46.2J '4 1283 0'W ~ Z ~ ~ N r~ L64 67.15 77 4'W U74 162.38 L284 ' 1'W (~1 I ( W ~ ! ~ ~ RIPARION i I SR ~ ~ ~ - BUFFER r- 175 77.21 L285 'W ~ ~ N ~ L65 80.90 N '42' 4"W L D ~ r ~ ~ , EDGE L66 76.42 N L178 43.57 L288 21 t'W (n ;p N ~ m I L6~ 15.38 N01 '44" L177 70.72 L287 f~l ~D ~ 1~ ~ ( s S ~ ~ ~ OF ~ ~ ~ WETLAND .44 L288 573. '4 • ? ~ ~ ~ r L68 ~ 32.01 N28' L178 50 3 } ~ ~ L69 _ 40.55 NOt'i ' 4' 1179 68.34 L289 420.00 ~ ^t ~ ~ ~ L70' 52.30 N345 'S1" L180 78.72 L290 419.86 N 2 ' n , % POND r ~ - ~ ~ ~ U~ 23.55 N01'39' L161 88.81 L291 Do,0/ 0ti ~ ~ U2~ 38J3 N34 1" L182 79.21 1292 35.77 N ' '44" V ~ ~ I~ r , ~ l U3 78.04 N34' '37" L183 53.53 L293 28.23 N O~ `B O ca~~ ~ I ~ 1, ~ ~ ~ 0 5~ 1 L74 57.07 N16'34' 3'E L184 121.11 L294 158,59 ~ U5: 6.06 N '40" L185 64.81 L295 7210 ~6ti: i ~ ~ ~ ~ / L76'~ 21.77 N15 '15'E 1188 45.14 L296 72 ~ ~ ' ~ ~ 4. L77+_- 57.62 N32'4ri3" Li87 56.34 1 1297 76. '14' 6~' ~ I ~ f ~ / i ~ - L78' 15.74 N3 '4r13'E L188 71.47 1 L298 .14 ' 9" ~ ~ / / V9 39.83 N1 1' 'W L189 43.84 1299 ~ 1 68.9 L300 1 'W ~ L80! 68.SJ NOr40' E L 90 5 _ _ _ ~ / i i ~ 1 L81 80.29 N21'42'4 "W L 9 6 ~ Iw ti i . L82 53.55 7 '13'W 1192 93.82 1302 "W Q ' 41 L193 127.60 L303 ' TW n N u. L83i 48. S1 ' 'W L84 79.10 1'! ' 'W L194 108.75 L304 413. N 'W ~ 3~1 ~ r ~ L85 50.61 75 '42"W L195 44.01 1305 71.01. 'W ~ ~ ~ ~ I I _ / ~ i~ L86 ~ 34.27 1 L196 27.36 L308 501 '0 'W n (I J r .w ~ ~ 7 I - ~ ~ PUBLIC R W L87 42.57 Y W. 1197 38.72 L307 411,14 ' TW rn I L88 108.72 '44"W L198 24.27 L308 27 'W ~ ~ (3~7 ~ ~~~AR?REE FARMS LANE 50 i ~ ~ / U) L89 58.49 6 'W L199 1.33 L309 S2 '50'W r (~j ~ L9o 41.31 4' W L200 6,.54 L3,o s2. AREA INSIDE 7c m!o mlo - , ~ ~ rr, Lem 5os4 Lan ee. 'al"w ~ ~ O ~ L9 88.39 L202 ,921 13,2 329 7 N7 o Q WETLAND EASEME T (30 (`~~8 ; x~ ! ~ D Z \ m i, / y Z ls2 s.4 w ~ / ~ m L93 48J5 N r 'W L2o3 35.14 L313 _ N7~8'23'E D ~ 79 757 SF ` A 1 Z n v~ i~ ~ ~ D ~ L94 6.34 1 'W L204 33.28 ~ ~ ' ' ~ 9. ~ m m ~ ~ ~ ~A lss Sa.so Nor 'o 'w ~a5 s+.~s 1,83 ACRES ~ ~ ~s s,, L206 79.so ~ ~ r A> ' A f L96 14.79 N 'W W ~ o Af 1 ! ' i ~ L97 10.78 N r TW L207 90,85 'W N ~ ( F m L98 28.08 N3536' 'W L208 74.09 N 1'W NCGS t~tONUMENT "FIVE POINT" r j L99 14.77 N ' 5~W 1209 D \ ~ e L100 2&96 N 7 '1 W 1210 29.18 NAD 83. z Od, Litt 5s,o9 X = 2309 932.77' c L Ot 6.97 N22'0T 'w ~ , I L102 1J.49 N '14'E L212 53.59 _ Y -805,808,83' - °s 9'££Z `:/F O~~.DE HERi?AGE BU~~LDERS & L10J 1.10 N07 r L213 s6.96 U04 23.00 N 'E L214 110.23 ~L ZO~ I, , 36"54 3„90,L£.£OS T` N; ~N?LMA ,.~~ASSjT~R PEAL ~ r L105 17.35 N09'44'10' L215 2&86 '1 7 7 C L216 lo2.la 3FF~O,V~°lr~~J - _ _ ~0£~' tiJ'N OR FORMEI uos 39.32 TOTw _ T OR FORMERLY LOT ? _v ~ a L107 37.05 r43' o'w L217 66.52 , - ' ~ ~ _ JAMES '(Y'ARD PR( R PR P TY p; A~,~ RECORD Fl~; r ~z, P_AT RECORC FILE #3 CvAD 0ER L108 17.90 N13'0445 w L218 42.97 ~ N/'' WA~ •.27 AC, TO C L109 41.20 N53' 12"E L219 &79 N/F JUNE L PEARCE LOT C-3 _ _ MAP ~COx 2000, P~ T Stl~~ 91-.10" S~_~DE 91-tC, 27 AC. , 0 C/L `COx 2000, PAGE 378 L110 41.78 N44'S5'28'E 1220 44.98 ~ 3a4'2r'9'E D.B.993-853 PLAT RECORD FILE ~3 SLIDE 91-101 SNARTREE\,STATE EASEMENT MAP.DWG STATE OF NORTH CAROLINA WAKE COUNTY I, C GRAPHIC SCALE 3;3oia4 AooED ~~rr~s ro SAP i DCW ~ r, ~ ~ T n SHEET ~ ~ ~ ~E~I I~Eh ~ i~~ P~aP Dote: 02 5 04 /2 / SONYA A. WARD ,certify that this mop was drawn under my supervision from an actual \t`~,,~"'t'ti~hr,,~ ,so o 'S ,5 ,sa ~ 6~~ _ ~ ~ c ~~:ARTR _ S U B D!~I S I C ~l survey made under my supervision (deed description 4,~;~ t- ,;'t^~ ~ , - ~ ~ E Scale: 1 " = 150' recorded in Book_____, Page_____, etc.)(ot a ' . ; _ I r c ~ N.C. that the ratio of precision as calculated by latitudes G~ C;/~', " and departure ~s >1/1~000___~ that the boundaries •Q~ r~• _ ( IN FEET) riARR.S WSP RANK~iN CO. not surve ed are clears indicated os drawn from _ ~ SI= ~ p Y Y Drawn By: D. WARD i inch = 150 ft. ~ Ih;1~~r1 1~r 4CC(1riAT~~ Pi I i~ OF 1.. F.....,,.FL.,, F~,~~.F 1~ Qn~L Dnne ~ #hn# :P' t A:" - this map was prepared in accordance with G.S. 47-30 Vin, v v - I V lX, n.1.J\JV ! 1I Lam, I L- L- as ommended. Witness my hand and seal this Checked By: S. WAPG CAVIL ENGINEERS - SURVEYORS - LAND PLANNING day of __i~L__,20Ily_• ~f 22 N. SALEM ST. STE 201, APEX, NC 27502 L - 4017 - TELEPHONE: (919) 367-7858 FAX: (919) 367-7833 Feld Book: Professional Land Surveyor Reg. No. Date Rev's on By pr it ' / ` • -•5. is ~ 1,. ~ v.. "~~nk , - i4 _ - - e ~v r 'F::y~ : ~ i.. Y.i, q.>;..., yR,, etc _P ~ ~ ~ N F AiAtA JE N/F EAIAIA JEAN STRICKLAND / E ~ PLAT RECG?R[ o PLAT RECORD FILE #3, SLIDE ~ ~ 92-224 92-224 ° w - - L286 ~ - - ~ C W ~ e' N z 0 ~ ~s 12~q ~?8 This certifies that this copy of this plat identifies as waters of the U.S. or 3~ Q SITE ~ ~ 8 wetlands oll areas of watws of the U.S., induding wetlonds. regulated pursuont ~ 'P ~ ? m ~Q- Q cG , to Section 404 of the Clean Water Act os determined by the undersigned on this ( 0 date. Unless there is a chonge in law of our published regulations, this Q~ i ~~6 ~ ~ determination of Section 404 jurisdiction may be relied upon for a period not to N C exceed fve years from this date. This determination was made ub1iZing the 1987 • y tiF ~ ~ F ~ 98 ~o ti^ ~o Corps of Engineers Wetlands Delineation I~onual. 0 1 41Z Oti Name:_µ~__' _L-±~'e~''~r<c't` ~ _ O' ti~ 61'1 Title. *'.-~?vt/Lv~Jwtfea=Aa- ~ar7, ~ '4~ ti L199 ~ ~ n - - O N Q J ~ ~1 roe' Date: 3 '200 l6 i W ti ~ 0 r ~-{Gy`+~ AID N ~ n Z ~J ~ ~ o < 2 S,~ N/F OLDE HERITAGE BUILDERS & ti ry ~ o ~ 7~i REALTY w i / i ~ ~ 8 D.8.1018,PG.349 F a N.C.GRID NORTH NAD 21. ~ / ~~~1 PLAT RECORD FlLE ~3 -SLIDE 9~ 1D2 p~ ~v V r' / 6811 ~ ~9~ sR ~ ~ ~Q cn ~ L~ 2p Q s• 9~ ~ ~m AG~ o B\F~ r q6 ~ Z ,Un ~~n / ro D ~ AV CURVE LENGTH RADIUS CORD BRG. CORD r•- ~ 9,~ ~ U ~~S ~ c1 17246 1150.49 S31'08'OrW 172.29 _ ti !y r N I r' w VICINITY MAP (N.T,S.) N ~ / r` ti 0.v N N ~ / ti^ ~w r r- ~ N W A ~ ~ ~ NTH ARING LINE LENGTH BEARING N LINE LENGTH BEARING LINE LEG BE _ _ L1 28.38 N 4' Lfl1 61.00. 1221 dO.Od ~ ~'(,1 N r N~~ DA.'JIS GROUP FARMS, PLLC ~N C.B. i 116 PG.259 L2 258.$3 N L112 10.63 4 1222 d7.i6 / ~ / ~(1B , 17.76 L113 50.16 '11' 63.50 r L27 ti~ L3 1 0 L4 22.19 y 1114 0271 L224 54.46 4 1216 57.61, ~ LS t0.9J 1 ' U1S 44.35 n L8 87.87 4 ' L116 53.40 L226 ~ ~ pti 'Pj, 5 rQ' r- ~ ~ L176 ~ ,oG ~ 6~ 1 ~5 , L7 31.93 1 Litz 29.64 1227 27.42 0 ~ ~ ~ ~iC ,n ~,4.ti - 6 ll (T 8 6.71 17' L116 S2d0 L22d 4.36 1 L , L9 26.12 ' 1 L110 30.75 1' L220 30.99 9Z1 ~ ~ ~Zl z ~ ( ~ s tl ° \ L10 33.95 N7 41 L120 30.13 L230 12.61 16 L91~ 0 0~d 6 ~ ~ L23 dl / /5~~19sCt ~Sj rn - yti r- ~~1'1 J Jss~ ~ i l11 26.27 'w Li21 4220 1231 15.01 ti 9 L12 42.97 1122 40.06 L232 21.09 '1 0 Li3 4271 W L123 16.32 'w 12x7 .07 41 n L14 41.49 741 ' L124 5212 t ' L234 36.37 ~ ,dad ~ cn~ ~S6 (~6 L15 55.39 N L125 40.12 4 L23S 25.72 ~ ti L 10 ~0 ~ ,S~ ~ 1p ti ~ ~ ~ (~S ~ ROBBING AREA t8 54.74 1 L120 1.66 L236 93.37 L L17 52.06 1127 15.72 L2J7 24.94 / ~c" ~ LO Ll ~i~ ~S 9 I I X I C 0 L18 47.42 w LI?6 14,76 L2J6 17.74 ti^ ~ tl 901 ~9 ( 6 6rO 90 \ 4~(~ L19 71.09 N 7 'W 1129 1J8.07 L239 4237 14' rO~ ~ ~0 L20 iD.05 N T 'W L1J0 144,89 ' r 1?40 97.84 7" ~ti ~ ' 0 ~ ~ ~ ~ ~ ~0~~ 0 (14) ~ L21 31.51 N Li31 150.24 'w L241 73,dd {.242 23.01 1 ~ r L22 126.75 4 'W LiJ2 247.36 ' T ~ N N ~ ~~1 A 7 ` ~ i, L23 32.11 N q 1133 60.22 'i W L243 27.72 ~ rn 111<~ A L24 67.46 N Li34 51.99 L244 42.21 j 115 25.47 'W li d0.0D 1115 28.29 ~ ti 4! J L28 tt.d4 N1 ` L136 J6,41 L246 45.74 + 1 L247 100.65 N ~ >>4 AS /~~A ~ r \ 127 49.34 w 11J1 20.7 N Ltd 50.98 N 'W U36 43.05 1148 .106.00 ~ ~ s~ ~ L29 1.97 p 1139 23.17 L240 76.73 'W L30 43.05 L140 15.51 1.210 156.25 o ~ ~ cos ~ 2 i ,y W 1141 26.37 L231 107.79 ~ (N L3 43 ti _ _ ~ ~ 138 250 L249 LJ2 72.87 " L142 80. L252 96.91 I 0.'i 250 ( 15a~ L33 81.19 L143 20.?7 L2S3 ~ ~6p Zc,ZI - ~ < w l 135 £sa~ L34 45.47 1144 94.73 \25 ~.,1~ ~ ~ 'll ~i C / C 13 ~ ~ Ol 4 C1 L35 43.81 L36 45.25 L146 .23,75 ~ (8~ ~ L1 l 2 33 l ~ L8 9 2 (t 'w ~ L37 39. L14 t •w ~ ~ ~ 1 7 ~ ~ 2 1 ?S ~ ~ ~ ~ C~ ~ ' AREA IN ~ ti t W' ~ Gi L39 31. ~ ~ ~9 !69 69l ~`0 c~'r w 26 L,o t WETL EASEMEN s, - . • L41 70.23 , - - _ 1 ' _ _ - L41 - Is; _ _ L43 78.87 U53 ~ 0 ~J! / B ~ 0 ( ~ 7. U54 ~5• ACRES L44 953 ~ ! ~ 6 9 145 20.66 It 19 ti L46 15.55 ~ ! S e s, l ~ e0 47 7.~ t i ZZ~ L 8 ~ < 6 ~ ~ ~ L48 1.18 L156 13 / / b L49 13.70 1159 76.66 12M i ~ S o+ a Sp `Td LSO 28.36 1160 &1.06 73.20 2 ~'s~• NOW OR FORMERLY ~ LS1 111.30 Ltbi 24: 1271 , ~ `fit' 23 1 1271 ~ Z ~ ~ DANIEL & CHRISTINE PAGtw' L52 68 r- a •~tt \ Ltr ~ ~ 1.62 t63 ~ N~ o, ~ ~ PROPERTY 5.00 AC. ~ 2 r PAGE 328 ~ 1.54 49.46 L164 37'37 1274 w o MAP BOOK 1998, O ~ I I L55 50.91 1166 43.6: \ ~ ! w v r ~ L56 42.65 7 Li69 .01 37.03 'W L197 41.?4 t ' 9 c^ L57 tr ~ i 159 74.85 W 1164 49.4e rn L59 54.59 'W U69 3o.Za 7 '4 1 ~i AREA !N WET~~_AND 209,232 ~ I ~ SF Lao 55.40 1170 76.76 L2d0 t ~ O r N I ~ i' ~ i 50' S .s5 44' rW l1n 99.37 1241 +i 0.o L61 9 N ~ Oo ~ N L82 32.64 1 ' rW L172 17297 L2d2 43. ~ ( , ~ ~ , RIPARION L283 67 4 ~ ~ ~ ~ N i L93 33.3J 114' W L173 16.23 Z N W Sy ~ - + BUFFER EDGE ~ / i L64 87.15 7 '4 w L174 16234 L284 55. ~ oo nNi ~ L65 80.90 N V ' 4"W L175 77.21 L285 45. 1 ' D r : ~i ~ OF ! tS S \ \ ~ ~ 1 L286 219. T ~ N m W L88 76.42 N09' L176 4J.5 (j) 61 15.38 NO1 '44 L177 70.M L287 693.11 7 r1 ~ ~ I r L D ~ \ ~ wErLAND A ~ L68 32.01 N ' S'4 L178 50.44 573.98 31' ~ ~ N < 1 L69 40.55 N0119' 4'W Li79 84.34 ' 4 L2d0 420.00 7' ' L70 52.30 N3451'S1" 1180 76.72 L200 410.88 ~ ~ / POND r ti ~ ~ti ~ L71 23.55 NOt' '09' LS61 64,61 1211 60.06 ~ rn W , r 35.77 N41' ( L72 38.13 N34 ' 1' Li62 79.21 '41' B O 0 ~a g` L ~ • cb n L73 78.04 N34' ' r Li63 L74 57.07 N1 ' 3" L184 121,11 1 ' 4 6,~'~ i ~ ~l L6 ~ L75 6.06 N L185 84.41 ' rw 10 1 ~ / r 5l i~/~~ ~ L76 22.77 N15 '15' L1d6 45.14 N L2~ ~ 1 ' 1207 41 ~ ~ _ - - L77 57.82 N 2'471 ' 1187 56.34 1 71 0 / L78 15.74 N 471 ' 1186 71.47 1 'W 1204 69.64 '4 ~i L7D 39.83 N1 t' 'W 1169 43.64 ' L299 28.46 ' L190 88.50 1300 127.89 'W p ~ / ~ _ L80 68.53 N07' ' . ~ ~ L61 80.29 N 1'42'4 "W Li91 78.56 4 1301 29.97 W ~ ~ z ~ a W L82 53.55 538 '1 'W L192 93.82 4 r L302 48.08 0 ~ ~ N ni / N L83 46.41 S1 '48' 'W L193 127.60 1303 50.52 W D ~ 301 N Ni i L84 79.10 118' 'W Lt94 108.75 W04 413.24 W ~ 0 • Ut 50.61 7 4 "w L195 44.01 1306 77.04 LB5 L86 34.27 1 'W L196 27.38 '1 1306 50.16 1 ' "W ~ n ~ ( i 50 PUBLIC R W _ SHARTREE (ARMS LANE - ~ L87 42.57 7' L197 JB.72 4` 1307 48.14 7 7'W ~ (T•I L88 10&72 "W U98 24.27 WOQ 27.50 r (n ~l L89 5&49 LiDO 1.33 51•°2 'W - ~ AREA INSIDE (32o mo D mo / D Z L90 41.31 4' w L200 61.54 Wt 52.00 4 'W w11 e6.63 w ~ ~ ( A ~ L9i 66.39 ~1 o WETLAND EASEME T (~o roe A~ ~ / ~ Z_ ~ c L92 19.47 1202 10.11 L312 329.07 7 'E o ~ 9 / ti v r L93 48.15 N T w 1203 35.14 LJ13 89.07 N78•~2rE ~ D 79 757 SF A9• m ~ i D m~ I ~ r L94 6.34 1 ' L204 \ ~ ~ CT ~ s!• n A n~ I Lss so.so 4r L2os C 1.83 ACRES r- A A f w ~ ~ L96 14.79 N W L206 79•~ 7'1rW AF , L97 10.76 N '07' W L207 90.65 'W N ~ F m m L98 zb.o9 N 'w 12ae 74.09 4' 1 NCGS MONUMENT "FIVE POINT" ~ D ~ L99 14.77 N W u'~ b•~ r NAD 83. Z os ~1 L700 28.96 N i W L210 29.16 1 uo1 fis7 N zror 'w L211 58.09 '4 X = 2,209,932.77' o ~ I i' uo2 13.49 • '14 Lz1? Y = 805,808,83' - - - ~s C9'££Z ~ N jF ODE HERITAGE BUILDERS & REALTY L103 1.10 7' 1213 56.98 ~L ~Q~ t1 3.90,L£.£OS Lto4 23.00 '34' L214 0.23 N/F WILMA T. LASSITER j uos 17.36 •44'1 L11s 2e.66 '1 3 ~Q ZC,•ZQS _ _ 40£1 NOW OR FORMERL LOT B `0 A ~ OR FORMERLY pLAT RECORC FILE ~3 WARD PROPERTY PLAT RECORD FILE #3 S~!DE 91-101 L106 39,32 T rW L216 10216 ~ \ " - - - JAMES L. WARD PROP uo7 3zos r ' 'w ~7 - _ ~ N F 1 7ATOC L 1 / .2 C / 7 AC. TO C L SLIDE 91-101 i" / L108 17,90 Ni '4 'W L218 42.97 ' uos 41.2o N • '1 L219 e.n • ' N/F JUNE L. PEARCE LOT C-3 ~ MAP BOOK 2000, PAGI ~K 2000, PAGE 378 uto 4a,7s N44'S5'28'E 44.96 sd~n>~'E D.B•993-853 ~ PLAT RECORD FILE #3 SHARTREE\STATE EASEMENT MAP.DWG SLIDE 91-101 I - T ~ SHEET GF STATE OF NOR1N, CAROLINA WAKE COUNTY I, 3 30 0~ ADDED LOT LINES TO MAP DCW ~ A I O ! ~f I~ A p AND DELINE ~V E ~ L_ GRAPHIC SCALE Date: 02/25/04 SONYA A. WARD ,certify that this T UBDI~ISION eoa HAR RED S S a ~s ,SO 300 map was drawn under my supervision from an actuol ti~`"1s""'t~r,r 150 0 75 survey mode under my supervision (deed description ~,da. ~`~°Ru Scole: 1 " = 150' aR~,,o..>.,., , recorded in Book= Page. etc.)(other); ~1'~~~ ll that the ratio of precision as colculated by latitudes IOb00 thot the boundaries ~ ~ ~ HARRIS TWSP FRANKLIN CO. N.C. ~ ~ SET) Drawn By: D. WARD Of and departure ~s > ~ not surve ed are cleorl indicated as drown from - ; " Y Y - ~ - l Inch = i5o >c. WARD & ASSOCIATES, PLC InTormanan Touna irl 60UK ruyc uw Checked By: S. WARD CIVIL ENGINEERS - SURVEYORS - LAND PLANNING this map was prepared in accordance with G.S. 47-30 T1I as ammended. Witness my hand and seal this 122 N. SALEM ST. STE 201, APEX, NC 27502 day of ---=---•20Il~_~ L-4017 Field Book: TELEPHONE: (919) 367-7858 FAX: (919) 367-7833 Date Revision By Professiorici Land Surveyor Reg. No. v~~ i N/F EMMA o PLAT RECC N/F EMMA JEAN STRICKLAND PLAT RECORD FILE #3, SLIDE r` ~ ~ ~ o w _ 92-224 92-224 ~ - - - - L286 t- ~p cn z oo ~ ~ 4's 284 L Q SITE ~ J, ~ 283 ( This certifies that this copy of this plat identifies as waters of the U.S a ~ GS ~ wetlands all aeos of waters of the U.S., including wetlands. regulated pursuant ( to Section 404 of the Bean Water Act as detamined by the undersigned on this e ~~i 0 date. Unless there is a change in law of our published rec~lations, this N C ti~ determination of Section 404 prisdictian may be relied upon fa a period not to exceed five years from this date. ?his determination was made ut4izing the 1987 yw tiF Y 8 ~ ~1, Corps of Engineers Wetlands Delineation Manus. 8 ~a ~o ~~Z Oti Nane:~~_~~c~-c?sk o 0 .tip ~ 6`~ Title: ~y~~~t~;,4-c=~~. a o L199 ~ ~ ~ ~ N Q \ J J N ~ , (2 6`~ ~6~ Date: ~ -3 ~o~-- ~1 ~ o~ X00 1. li w Z J n ~ r 'L ~ ~ ~ N 0 l~ ND: ^ Z S,~ N/F OLDE HERITAGE BUILDERS & ti ~ O ~ ~ Z~ ~ / ~i 'V ~ A 0 o p' REALTY w n ~ ~ ~ ~ ~ ~ ~ 6 D.B.1018,PG.349 o ~r c' / i ~ ~ / o~ SR ~ Q ti^ 2 / I N.C.GRID NORTH NAD 27. 'Tt PUTT RECORD Fllf ~3 - SUDE 9t-102 N / ~~p'~ t)g I~ ~ Col 0 ` ~ ~ s 9,p 6 m r~ DZ ~ ~ AG~ B\~~ o ~ Z r 0 y ~ N CURVE LENGTH RADIUS CORD BRG. CORD D r Ci 17245 1150.49 5317)8'oYW 172.29 ~ ~+L N ~ ~s ~ ~ C9 r VICINITY MAP (N.T.S.) yF N \ N ~ / .r. n dv N ~N w r ti^ LINE LENGTH BEARING LiNE LENGTH .BEARING LINE LENGTH BEARING ~i N N ~ N w L1 28.38 N 4' Li11 x1.80 N . _ L221 _ 60.06 _ 7 N 4 L2 258.83 Li12 10.aJ 4 1222 67.18 7 ' L3 11,79 N i ' Y Lit3 50.16 N '1 ' L223 53.39 ~ 1 N N/F DAMS GROUP FARMS, PLC ~ ~(Te D.B. 1116,PG.259 sy T (T L270 L4 22.19 N 1' 'W L114 92.71 '4 L124 54.46 50.9, 5 N a T L5 10.93 'W Li15 44.35 1 ' L225 57.x9 / LB 87.87 Litb 53.40 N 1228 J1,06 ~ N '4' ti rU ~ N 6~ _ > L17g \ L7 31.93 L117 29.64 1227 27,42 L8 6.71 L318 ~ N • i L226 4.J6 71 ' 1 G~ FF ti T75, l9 28.12 Li19 7S L129 10.99 9ti1 'P~9'p ~ 6 Il ( `1~4 ~ Lt0 33.95 7 • 4 Lt20 13 L230 x261 'i ,~L9Z~ ~ Lit 26.27 Lt2t o L237 15.01 1 / 0~ d ~~s ~£Z~ t r ~ ~ g t~ 0 ~0~ l2 Zl 51195 R 7S~ ~ _ (T ~ L12 42.91 7T U22 60.96 '1 L232 21.09 9 L13 42.74 L123 10.32 L2J3 51.07 x41' 01 ~ 3 ~ ~6 ' ~ ~ ~ T ~ ~ 'V r ~ 66~ X1172 '_i L14 41.49 74 L124 5212 i L234 J6.37 ~ ~Ctd ~ cn ~1s w 115 55.39 U 40.12 N 47 ' L233 25.72 'Y1 2S G, Lib 54.76 L12x 135.66 L238 55.37 ~ ~i ~ B (T6 wti L10 0~ 1p~ s~, ~ Lt) 5208 L127 45.72 L237 24.98 ~o ~Ol l~~ DSO \ CROSSING AREA 18 47.42 L128 14.76 L238 17.74 ~ ~ ~ L ~ gti ti Lt9 71.09 'W L12 136.07 4 ' L239 4237 7'14' rp d~ ~ aol~ °~o (s X ~ 901 6 ~ L20 10.05 L1JD 144.89 L210 97.64 r 7' L21 31.51 N L1Jt 150.24 L241 73.69 ~ ~ l 0 6 \ rp l22 126.73 4' L132 247.39 r L242 23.01 1 ' r r r `0`~ (,0 0 (~i (Tq D L23 32.11 1'4 L1J3 80.12 ' Y L241 23.72 '1 ' % N LT4 87,48 ry 1134 51.99 L244 4227 ~ W N 0`1 A 1 ~ , ~ I t ~ p 3 1 L25 25.47 1135 aO.OD L245 2x.29 ~ti ~ (T L28 11.64 ' U36 .36.41 L248 45.74 17 20.1 1247 109.65 r L27 49.34 L J 2 ~ ~ ~ ti 4A< L2E 50.98 L136 43.05 L246 108.90 1 ' N L29 1.97 ' Lim 23.17 L249 76. 'W ~`~x r y l74 ~RJ ~ '4 ~ 9 TS ~ \ 4 ~ ~ \ ~ LJO 43.05 U40 1 51 L250 1 'w ~ ~ ~ Lit 4x48 w u4t 26.37 w 1.257 1 ,79 ~ N L32 72.87 114 ~.6i L252 N.h 1 ~i ~ ° s ~ ti _ _ ~9 ~ 2 250 _ X249 T 138 l33 87.19 4 1143 29.27 1253 ( 250 7 ' t X60 Z1 19Z~ _ ~ \ B 9 L34 45.47 Lt44 84.3 £SZ~ L35 43.81 ry Liib 21.62 159 ~ \25 tit \ ~ ~ ~ (135 L38 45,25 L146 23. 1.94 - L37 39.01 1147 6450 t1,'ll 01) r' ( s ~ 0/ (134 ~ (8~ ~ l 2 (133 N L36 60.88 L146 63.18 L256 134 7 ip ~ ^ ~ ~ LB 9 C1 1 7 ~ ~ ti > 2 (T2S LJ9 31.55 1 St.42 1259 5415 O AREA I N ~ti Loo 36.E L150 .19 1.260 02 "W y 91 ` \ 1 (s9 69l ~'Sf1 ~ w ~ 1 ?6 u1 ,0,23 1 , ~ .06 WETL EASEMEN s, _ CT ~ ~ L42 _ _40. O6 W:_ 7 ' 101.79 - = 'w 1 ~ ' - - _ - 1 6,14 B~S~ L___ _ - ~ L43 78,87 7' L153 x4.40 L26J S7 - `~e.rP^` ~ 144 79.53 U54 5436 ~ 1 - ~5. ACRES / 0 20.66 U56 t9 4 / ~ U6 Z 6 ~ ( l83 / 6 Lix 15.55 1156 ~ ~ ~6 ~9 s L47 L36 1 10 Zl L48 t.tp t 73 40.72 ~ Z L49 13.70 li 76.66 ! 91.69. ~ / ~ 0 L50 28.38 L760 61.08 73.20. ~ ~~s ~ ~ ~ w o 71 94. 6~' Ls1 111.30 u67 34. L2 96 ( N OR F ER Y 01N ORM L i~. ~ ~p L52 23.88 a 44 c 33• ~ Z ~ ~ DANIEL & CHRISTINE P L53 2i.5? 1763 L27J 56.06 ~ t r -t ~ ~ ~ N o ~ a, P PERTY .00 A . Ls4 4s.4e a 37:17 1274 9664 a ~ RO 5 C w Lss Sa.9> a bf 1275 57.34 w \ ~ o. ~ ~ MAP BOOK 1998, PAGE 328 ~ Lys 42.65 Ux8 3x01 t216 124.63. ( ~ v ° ~ 1 ~ t L57 37.OJ 1467 41.24 127.21 N ~9 ' L5a 74.85 L186 49.46 98.03 7 A ~ r a0 LS9 54.59 7 U80 3426 10&89 ~ AREA IN WETLAND 209,232 L60 35.40 1170 78.76 115.69 L81 59.95 L171 69.57 77.82 ~ ~ ~ p ~ I N ~ SF L82 3264 U72 172. 43.40 ~ ~p ~ ~ ~ ~ (SS ~ / ~ 50 L83 J3.3J 4' L173 49l. r 57 ~ ~ ~ ~ ~ r L64 87,15 1114 16216 1 Z cs N ~ ~ N ~ w ( ~ ~ RIPARION t85 80.90 U 75 77,29 ~ D ' N ~ L6a 76.42 1116 43,57 L206 ~ ~1 N m ~ ~ BUFFER ~ EDGE L61 15.38 7 1177 70.72 L287 - N1 ~ f*1 ~ r 1 ( ~ ~ OF ~ ~ 1 ~ WETLAND L58 J2.01 L176 50.44 lZ D ` L69 40.55 7 ' 4' 1171 6434 L2a9 to N NOi ( ~ L70 52.30 N 1' L160 76.72 1290 4 N ~ ~ / POND r ~ L71 23.55 N 1' Lt81 66.61 L291 N ro ~ Ui L72 36.13 N 4 ' 1 Lt62 79.21 Y' L292 33.77 N ~ ~ ~ ti~ / \ 4{ J L73 76,04 N34' L7a3 .53 L291 26.23 O (8 O L74 57.07 N1 ' 1184 121.11 L2a4 156.59 ~ L6 cp ~ ~ ~ ~ ~ r'i 41 L75 8,08 N L165 64.61 7210 r0~ i ~ ~1 L78 22.77 N7 Lia6 45.14 1396 7202 r 5.1 ~ L77 57.82 '4x1 L187 56.34 L297 76.29 6~ ~ ~ ~ L296 69.84 6 / L78 15.74 N 4x1 Ltab 71.47 L79 39.83 Ni Ua9 43.64 L299 28.46 / ~ - - ~ . L80 88.53 N T L190 86.59 127.89 p ~ ~ ~ - - 1 Lt91 7436 L301 29.97 C~ ~ Z O ~ ~ - LB 60.29 N '4 '4 'W O ~ j ~ u G+ ~ Lag SJ,55 t ' L192 93.62 L302 46.08 J N H ~ of L83 16.41 S1 'W L193 127.60 1J03 50.52 D n 3 N ni L84 79.10 'I ' Li94 106.75 L304 413.21 0l ~ ' ~ Las 50.81 7 '4 U9b 44.01 W05 77.01, L86 34.27 St r U96 27.3$ 50:16 ~ n ~ (1 L87 42,57 7' L197 36.72 L307 4414 W ~ FARMS LANE 50 PUBL~_ - SHARTREE L88 1D0.72 'W L198 24.27 1306 27.50 ~ (n (311 / m L89 58.49 Li99 1.33 L109 52.02 r (3 L9o 6,.31 1200 bt.s4 11,0 5200 - AREA INSIDE to mo SN ~ / In O ~ ~ ~ ~ L201 5654 1371 e6.e3 ~ ~ A l9 60.39 o WETLAND EASEME T ( A9 / D Z ~C / ~ z 9 19.47 1202 10,2'1 1312 329.0 N ~ 30 (3~e ~ c L2 L93 46.15 3 35.14 L313 89.01 _ _ N ~ ~ ~ ~ C - D 79,757 SF m~ ~ m r_ L94 8,34 1 1204 33:28 \ ~ C~ L95 so.6o Nor Leos 64.E ~ 1.83 ACRES ~ 'A oA m~ / D ~ A ~ 14 7 L206 .80 > z~ L96 . 9 N W ~ ~ + , A~ / l97 10.78 N r W L207 N ( F L98 26.08 N 1206 74.00 NCGS MONUMENT "FlVE POINT" ~ hi L99 14.77 N 1209 46.65 NAD 83. D ` L100 28.98 N 1 W L210 29.16 Z 6 uo1 as7 N r ' 1214 sb.o9 X = 2,209,932.77' p ~ I L102 13.49 N ' 4' L212 53.59 = ' - ~TQ uo3 1.10 N r L2u 56.96 Y 805,808x83 l- s L £Z N/F OLDE rIERITAGE BUILDERS & 104 23.00 L214 110.23 Z~~ ` 9 L N 7 \ 3. N/F WILMA T. LASSITER REALTY L105 17.35 '44'4 L2/5 26.66 Z7,CrOS 40£~ L1os 39.32 rY 12,6 10216 3„L0, _ _ \ NOW OR FORMERL ~ R FORMERLY LOT B LOT A 0 ~ L1a7 37.05 T W 1277 sa. - ~ - - -,JAMES L, WARD PROP L108 17.90 Nt •W 1276 4297 N/F 1.27 AC. TO C L L, WARD PROPERTY PLAT RECORD FILE ~J3 PLAT RECORD FILE #3 SLIDE 91-101 SLIDE 9t-101 4 1219 8.79 - ~ / uos 1.20 Ns ' 1 N F JUNE L. PEARCE LOT C 3 . '7 AC. TO C/L , DK 2000, PAGE 378 4 1220 44.96 7 ~ ~ MAP 2000, PAGI u1o 1.76 N44'ss'2e'9t ~4+'1.~9'E PLAT RECORD FILE 3 - D.8.993-853 # ~ SLIDE 91-101 \ ~ SHARTREE\STATE EASEMENT MAP.DWG STATE OF NORTH CAROLINA WAKE COUNTY I, G~ SONYA A. WARD ,certify thot this GRAPHIC SCALE 3~~ro4 ~D DoT urns TD ~~P ~Dw i ! sHEET 4 WET~AND DELINEAT10~1 MAP Date 02/25/0 mop was drawn under my supervision from on actual 4~~~Ix11'~ilflrrrr 766 75 survey mode under my supervision (deed description H LARa ~ s°° SHARTREE SUBD!~ISION Scale: 1 " = 150' recorded in Book_____, Poge;__, etc.)(other); ~ . jai a that the ratio of precision os calculated by latitudes pF~ G,'"'., 1 and de arture is >1 10000 that the boundaries ~ Q~ P ' = IN FEER) Drawn B : HARRIS TWSP FRANKLIN CO. N.C. not surveyed are clearly indicated as drown from - SEAT. y D. WARD 1 inch = 150 1t~ information found in 8ook_ PoQe_ that L•4ti1? 2•= ~nioRn occnriaT~c PI I r of this map was prepared in accordance with G.S. 47-30 rrn \ v w rN-J .4vv L-Jl.L1-/ TY as ammended. Witness my hand and seal this day of I---_,20Il~_, ; . °`.k ` , a ` Checked By: S. WARD CIVIL ENGINEERS - SURVEYORS - LAND PLANNING 1 ,22 N. SALEM ST. STE 201, APEX, NC 27502 L-4017 Field Book: TELEPHONE: (919) 367-7858 FAX: (919) 367-7833 Professio I Land Surveyor Reg. No. Dote Revision By ,kr _ ice, ° N F EMMA JE n ~ I / o w \ PLAT RECORC N/F EMMA JEAN STRICKLAND PLAT RECORD FILE ~3, SLIDE ~ p~ - - _ _ 92-224 92-224 ~ L286 w ~ z p^ ~ < ~ SITE ^o l2 Q ~ s~128 Q J' ~ B2 ~ ~ ~ This certifies thot this copy of this plot identifies as waters of the U.S. a wetlands all areos of waters of the U.S., including wetlands. rec~bted pursuant N ~~i C H ~ to Section 404 of the Gean Woter Act os determined by the undersigned on this wr F~ 88 ~ \ r 0 date. Unless there is a change in law of our published regulations, this `til detum~ation of Section 404 yrisdiction may be relied upon for a period not to 0 d~ exceed five }ors from this date. this determination was made ut9izing the 1987 O' ~ ,D~b `O Corps of Engineers Wetlands Delineation ~ianuol. 4~2~ oti~ ~ t 4 None: rou~SK- O Q r n ~ ti 6`~ Title: ~Vt`P.sa3rYtF..~?i4~ ~ . ~ ~ o L199 ~ ~ ~ v n 2 ~;y ~ n ~ ~ ~ N .~?p0 1.6~~ w`0 Date: _S- 3 o ~ r 1,~ ~ b d ~ N ~ ~ AID ? S~ N F ~ z p. / OLDE HERITAGE BUILDERS & ~ ~ Q- ~8 REALTY ti p^ ~ D.E3.1018,PG.349 ~ a Oti ~ a o SR ~ w~ ~ ~ 2 , / / l~ / N.c.cR~D rroRn+ tiaD 27. 20 Q cn ~ ~ r 0 ~ PUT RECORD FlLE 3 - SUDE 91-102 / 6811 ~ ray ti ^ggl tS, 9,Q 6~' ~ DZ ~ Z ,1^ A ~ ~ ~~\FF o ~ CURVE LENGTH RADIUS CORD BRG. CORD D Ci 17245 11.49 S31ro8'OrW 172.29 r ~ 9'A VICINITY MAP (N. T.S.) ~~s ~9 / tiF N v N I r a~ \ ~ N LINE LENGTH BEARING LINE LENGTH BEARING IN ~N ti~ L E LENGTH BEARING r Lt 28.38 4 ' T L111 81.80 N441T 1221 80.Q8 N 7 'Sr r r- N CA ~ 258.9 N L112 10.83 1 • ' 4' L222 87.18 yp'36• ~ ~ti~ N NJi W L113 50,18 4 '11' L223 SJ.59 ' T ~ N L4 22.18 N 1'1 'W Li14 9271 L224 54.48 1 4 N 9~, N/F DAMS GROUP FARMS PLLC LS 10.93 '304 L270 ~ ~ N 14' "W L11S 44.55 1' t L125 57.69 N L6 87.87 N L116 53.40 T L226 31.08 ~ s ~ <7 711 P D.B. 6, G.259 S m ~ ~ e1 ~ 1 L7 31.93 1 '4 'W L117 29.84 LY17 21.42 ~ ti lB 8.71 N T 1118 52.80 N L228 4.38 71 ' 1' ~o' ~~9~ 5 N ;z e 8 L9 26.12 N 1 L119 30.75 4' L229 30,99 ~ ~OG~~ >v ~ N ~ 1 ~ L176 ~ ~ FF v 117g , L10 33.95 N '4 41'W L120 39.1J ' 1 L210 62 1 111 28.27 4 'W Li 21 4220 1,1,p i 8 '1 ~ ~9ti ~ ~ 4ti~ ~ ^ ~ L12 42.91 77• 'yt L122 80.96 3 5.01 1 i ,~L9Z~ l2 2 21.09 y ~ 0 ti ~b ~ ~ 6 ~ ( ~1 d, s - ~s ~~z~ z r ~ o \ ~4 l13 42.71 7 •w Lt23 16.32. 1233 51.87 741 9 L14 41.49 41 ' 1124 62.12 1 L2J4 38.J7 ~ti9~ ~ L23 d~ ~195[T ~7s ~ 8 t1 1 C / /g5 ~ rn - 11) U5 55.39 N L125 40.12 1235 25.72 1 ' W 118 54.74 1 1126 135.48 L236 5537 / 92 1 q~ ~ ~~1~ V ~6\ ~ T U7 52.06 4• L127 45,72 12J7 24.98 ~ ~ 16 C l S ti L 10 ~o ~S 9 l16 47.42 N Li28 14.78 1238 11.74 L19 71.09 N T 'W Li29 138,07 4 ' L239 42.57 4• ti ^ ti w ~ 1p5_ ~ ~ L20 10.05 7 'W Lt30 144.89 ' 7' L240 97.84 1Y1r 0~ d L21 31.51 N 1t 31 150.24 7 L241 73.88 roc" ~ p l1 ~ ~ ~ ~S9 L ~SD ~ CRO SIN^ AR A S v E L22 126.75 "W 1132 247.39 L242 23.01 , 1 r 6 son eo c X ~ ~14 s ti 6 ~ a ~ ~ o ~ L2J J2.1 t 4'47' U 33 80.22 L243 23.72 1 % N L24 67.48 N 1134 51.99 44 ~ o r ~1p~~ ~pA ~~i (lq D l25 25.47 W L135 $p„Op ~ 42.21 ~ ~ L245 24.29 ~ ~ > > ~i L26 11.84 1 W 1136 J6.N L244 45,74 L27 49.34 L137 20.21 1247 109.85 r L1 ~ 3 128 50.98 L138 43.06 1248 108.80 1 ' ~ ~ L29 1.97 LiJO 17 1249 76.73 N A L30 43.05 1140 1$.51 L2b0 1 25 1 ' /~~A ~ ~ ti >-4 A~ 9 L31 43.48 W U41 26.37 ' L2S1 1p7,70 I L32 72.87 •W Lt 2 .68 1252 96.91 ~ >a ~s ~ \ 4 ~ \ 2 90 ~ L33 81.19 U43 29,27 125J Oi ti~ 18 6 ~ i 250 L34 45.4J N 1144 84.73 1 1 (26 , L35 43.81 1 1146 .82 1265 131.96 \0 ( ~6Z~ ZSZI 15Z 250 - _ ~9 ~ \ 2 L249~ > 138 - \ \ L38 45.25 4' L14b 23,75 \2$ ~ L37 39.01 ~ ~ ~ 9.p ~ ~ d ~ w 1135 L14T N,50 _ - ub ea6e u46 t0 r C t N ~2S s C 13a ~ \ ~8~ ~ o/ ~ 1 36 AREA INS ~ b '1 7 ~ ~ 18 ~ 9,j. (1 112 1 ~ 't _ l41 47. ~ _ 44. - _ _ _ _ . _ _ _ - WETL EASEMEN ~s, ~ se ssi~o ~ ~ 1 ~ L43 78.87 ~ L153 64.40 1263 s7.OJ - 1 614 ~ _ _ 30` ~ w 2s 144 79.53 li $bab 1 ~ 9Z"1 tt"t Z .es 11 i9 ~5, ACRES a ~ ~ ~ ~ ttl Z ££1 ~~J ~ ~ \ ~ L46 1$.55 1156 M ,~'1 ~ ~ ~ 183 ~ ?e . . s ~ \ ~ L47 7.J6 1 ti L48 1.18 41 13 ~ ' ~ a ~s ~ ~ ZZ~ 149 13.70 L159 76,86 " i L50 28.38 1160 81.08 1270 73.20 '4 , ~ p1' ~ 80 L51 111.30 L181 24.74 1271 2 ~ ~ 19 m 6 L52 23.48 U62 48,26 1272 33.00 ~ / ~ ~ NOW OR FORMERLY ~ 153 21.52 L163 50.33 'W 1273 yb,06 p •W ~ ^ DANIEL & CHRISTINE PAGE~9'~s ~lS o 8 CAS L54 46.48 1184 37.27 'W L274 90.84 •W N 1\ o .~t~ 0 ~ \ N ~ ~ LSS sosl ' rw ubs 4aa7 rw 127s 57.34 •w w ~ o ~ r PROPERTY 5.00 AG. L56 42.65 7 7 •W L148 30.01 •W L276 124,bJ N4 4 •w ~ MAP 800K 1998, PAGE 328 air L57 37.03 7 ' i'W L1B7 41.24 T L277 127.21 •w ( ~ v L58 74.85 7 "W U88 49.48 T 'W L276 96.03 17'w ~9v rn ~ r ~ ~ ~ L59 54.59 1 ' •W L189 39.26 'W 1279 106,1 7 •4 'i 'W ~ r ~ - L60 55.40 W L170 78.78 L280 115.80 W L61 59.95 44' '3r L171 89.57 1 T 1281 77.82 •W ~ i _r L82 32.84 1' ' rW 1172 172.97 ,tj,40 .w ~ ~ r AREA IN WETLAND 209,232 N fiP !I SF L63 3J,3J 114' 'W 1173 44,23 ' T• $J N N ~ ~ ~ 164 87.15 '4 'w 1174 ib2J6 17"w 1284 55,70 .w ~ ~ c0 0o N f . t.w. Z ~ ~ N l ~ ~ ~ I 165 60.90 N '4 ' 4'w L175 77,21 ~g x.33 1 , OD N ~ 168 76.42 N L176 43.57 •W L286 21822 1•W ~ ? r- ~ ~ SS ~ I ~ ~ ~ I 50' w (S ~ ~ L67 15.38 NO1 '44" 1177 70.72 'W L287 893,11 (n ~ N m W A i / ~ ~ / RIPARION L68 32.01 N 8 L178 50.44 w 1288 573.98 N7 ~ ~ ~ L69 40.55 N0119' 4'W Li79 88.J4 ' 4' L289 420.00 p D ~ 1 J ~ BUFFER EDGE \C~4 ~ tS~ S ~ OF X70 52.30 N34 1'51' Lt80 78.74 vl N ' 'W L290 41A.88 N ^ W / POND r- L71 23.55 N 1 L181 68.81 •W tZyt x•08 ~ ~ I WETLAND U2 38.13 N34 ' 1" L182 79.21 •E rod ~ Ui a~~ ( ~ L73 78.04 N34'40' r L183 53.53 4 • •w 12~ 35J7 N41' 44' ~ ~ ~ I r L293 24.23 0 (8 0 L74 57.07 N1 34' J' Li84 121.11 L294 156.59 4 Cb ~ ( \ ~ J / ~~D q L ~ L75 6.04 N D L185 84.81 ' 7•W 1295 7210 1 r~ b~ L6 ~ ( i ~ ~ L76 22.77 N15 '1 L188 45.14 L298 7202 66 • ~ h~ L77 57.82 N 2'411 L187 56.34 1 Tt W L297 ~ / ~ / 5, ~ ~ ~ ~ L76 15.74 N 471 ' 1188 71.47 1 •w L298 1 14 6'0 6 ~ L79 39.83 N4 1'45'W L1~ 43.84 4' '4 'W 1299 26.48 ~ I ~ I ~ L80 68.53 N T L190 68•~ '1 'W L300 127.89 •W 181 80.29 N21'42'4 'W 1191 78,$6 1 '4 •W L301 29.97 O / Co '4 'W ~ ~ z L83 53,55 '1 'W 1192 93.62 4 7'W LJ02 48.08 •W O ~ O j ~ A W 46.41 S1 '4B' 'W L193 127.60 'W 1303 50.52 4' rW - N ni / cn L84 79.10 11 ' L194 108,75 " L304 413.24 •W D 3p1 N ni L85 50.61 75 '4 'W L195 44,01 '1 ' L305 77.04 •w "D ~ (n Q ~ 1 I L86 34.27 10 7' 'W 1196 27.38 '1 ' LJOB 50.16 41 1' 'W ~ ~ ~ 187 42.57 Y `W L197 38,72 4' 1301 48,14 , 7•w ~ ~ 11 I L88 108.72 '4 '44'W L198 24.27 1308 27.50 p •w FARMS LANE 50 PUBLIC R W _ L89 58.49 1 'W U99 1.33 L ~ 311 L90 41.31 ~ 52.02 _ 4 4'1 "W L200 61.54 "W L310 52.00 g 4 .W ~ AR 131 SHARTREE j U) ~ L91 68.39 .W EA INSIDE Q i ' W L201 50.54 Wt 1 88.8J ' r ~ ~ ~ m o _ ~ rn mo ~ / ~ L92 19.47 W 12p2 19.21 1 1312 329.07 N7 "E O Q WETLAND EASEME T 13 13 A~ L93 46.15 NS T "W 1203 35.14 L313 89.07 N78'58'23'E ~ ~ Q9 Q8 ` ~ ~ I DZ L94 6.34 'w 1204 33.28 D 79,757 SF ~ 'jr l L95 50,80 N4T4 ' W 1205 84,45 •w \ ~ C' ~9, ` z ~ ~ ~ ~ Z z~ ~ - L9s 14.79 N W L208 79.eo , 7'irW < 1,83 ACRES r ' ~s sj. I mLA mn D n~A L97 10.76 N T rw 1207 90.63 T 'W W ~ >t I AI` fr1 ~ F L98 28.08 'W L208 74.09 N '11'W N ~ F m A'F I ' ' ~ r ~ ~ ~ ~ ~ Lss 14,77 N48 s'05'w 1209 48.86 N r NCGS MONUMENT "FIVE POINT" r 0~ L100 28.96 N 7 '1 'W 1210 29.14 q •W NAD 83. D m I ~ L101 8.97 N 2roT48'W L211 SB.09 '4 X = 2,209,932.77 z Os U02 13.49 N '3 '14' L212 53.59 ua3 1.1o N 7 r 121 Y = 805,808,83' _ ~ 0 3 56.98 - ~s L9 ~'~Z i L104 23.00 N '0 L214 110.2) 1 ' 5' }7 [ Z 0 1105 17,35 N '44'10 L215 28.88 '11• 3„90,Lf.£OS uos 39,32 N 7' rw Lzt6 1p21e '44• a ' Q Z5>ZOS _ N F OLDE HERITAG I R / E BU LDE S & N/F WfLMA T. LASSITER REALTY b0~~ NOW OR FORMERLY L107 37.05 N 743'2 'W L217 86.52 N ' 3' - - - L108 17.90 N13ro4'45'W 1218 42.97 FORMERLY LOT B T ~0 A - JAMES L. WARD PROPERTY L?09 41.20 N53'38'12•E 1219 8.79 I, N/F VPARQ 1RD PROPERTY PLAT RECORD FILE 3 # PLAT RECORD FILE ~3 N F JUNE L. PEARCE LOT C-3 _ ,1.27 AC. TO C/L L1?0 41.78 N44'55'28'E L220 44.98 584'2T49'E / . TO C/L SLIDE 91-101 SLIDE 91-?0? )00, PAGE 378 D.B.993-853 ~ PLAT RECORD FILE 3 MAP BOOK 2000, PAGE 37F ~ SLIDE 91-101 STATE OF NORTH CAROLINA WAKE COUNTY I, SONYA A. WARD ,certify that this SHARTREE STATE EASEMENT MAP.DWG GRAP map was drawn under my supervision from an actual ~ GRAPHIC SCALE J/30/04 ADDED LOT LINES TO AIAP ~cw T ~ , survey mode under my supervision (deed description ~E~`'~'~~iCr;,gOi''., 150 p 75 tso Date: oz 25 04 'S'UE ! SAN D DE I N AT sHEET ~ ~ ~ E ON MAP 75 150 ~Qp 600 ~ T recorded in Book_____, Page__ etc.)(other); ~U,,..'•"'~••. ' '.hot the ratio of precision os calculated b Iotitudes 1 ,tF,"'4:+''_, ? r` SNAR; REE SUBDIVI f N SO and de arture is >1 0400 h y ='•x'x P /_L_______, t of the boundaries ~ <Z Scale: 1" = 150' not surveyed are clearly indicated as drown from _ SF,n u _ 1 (IN FEET ) information found in 9ook_ Page_____; that :r .4 ? • u; th;s map was prepared in accordance with G.S. 47-30 ;C; 1 ine Drawn B HARRIS TWSP FRANKLIN CO. N.C. i inch = 150 ft y: D. WARD as ammenaea. wtness my hand and seal this s" day of L - 4017 v, WARD & ASSOCIATES PILL IC OF Checked By: S. WARD CIVd. ENGINEERS - SURVEYORS - LAND PLANNING D 122 N. SALEM ST. STE 201, APEX, NC 27502 ProfessiorVI Land Surveyor Reg. No. Field Book: TELEPHONE: (919) 367-7858 FAX: (919) 367-7833 Date Revision By