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HomeMy WebLinkAboutAgenda - 08-27-2012 - C1 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: August 27, 2012 Action Agenda Item No. C.1 SUBJECT: Class A Special Use Permit Major Subdivision — Dunhill (Weekley Homes LLC) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENTS: INFORMATION CONTACT: 1. Application Package Michael D. Harvey, Planner III 245-2597 2. Property and Vicinity Map Craig Benedict, Director 245-2575 3. Staff Generated Correspondence 4. Financial Impact Analysis 5. Notes from Neighborhood Information Meeting 6. Finding of No Significant Environmental Impact (FONSI) 7. Notification Materials and Certification PURPOSE: To hold a public hearing and receive comment on a Class A Special Use Permit (hereafter `SUP') application proposing a 26 lot single-family residential development in accordance with the provisions of Section(s) 2.7 and 5.15.6 of the Unified Development Ordinance (hereafter `UDO'). BACKGROUND: The basic facts concerning the current application are as follows: Applicant(s): David Weekley Homes LLC 15401 Weston Parkway Suite 175 Cary, NC 27513 A ent s : Michelle Kempinski — Summit Engineering (Engineer of Record) Joe Lyle —Appraiser Soil Services PLLC — Environmental Planning Location: 2301 Mt. Sinai Road — 2,800 feet east of the intersection of Mt. Sinai Road (SR 1718) and NC Highway 86 across from Running Green Road. Please refer to Attachment 2 for a vicinity map of the parcel. Parcellnformation: a. PIN: 9881-15-7138 b. Size of parcel: 68.5 acres in area c. Zoning of parcels: Rural Buffer (RB) d. Township: Chapel Hill e. School District: Orange County Schools f. Future Land Use Map Designation: Rural Buffer g. Growth Management System Designation: Rural h. Joint Land Use Plan Designation: Rural Buffer — Rural Residential Area i. Existing Conditions/Physical Features: Varying topography with clustered vegetation primarily along the eastern property line. The majority of the property was utilized as pasture to support a farming operation j. Roads: Vehicular access to the parcel is through Mt. Sinai (SR 1718), a state-maintained road k. Water and Sewer Service: The property is not located within a primary utility service area. Surroundinq Land Uses: a. NORTH: Single-family residences zoned RB on lots ranging from 1 to 5 acres in area; undeveloped RB zoned property b. SOUTH: Single-family residences zoned RB; the J and J Mobile Home Park with 16 residences on a 7.3 acre parcel of property; the Green Valley Farms boarding and grooming kennel (6416 Alexander Drive) c. EAST: Single-family residences zoned RB with lots ranging from 1 to 3 acres in area d. WEST: Triangle Land Conservancy property (266 acres in area); single-family residences zoned RB on lots ranging from 2.25 to 3.7 acres in area Proposal: The petitioner has submitted an application that includes a conventional residential subdivision layout based on the current RB zoning dimensional standards. The applicant is proposing the development of 26 single-family residential lots, each at least 2 acres in area, with an overall proposed density of 1 dwelling unit per every 2 acres of land. UDO and Joint Planninq Land Use Plan Requirements: Typically, a major subdivision application would be accompanied by both a conventional and flexible development option (please refer to Section 2.15.2 (C) (2) (b) of the UDO)for review. The flexible development option involves the preservation of a minimum 33% of the total tract's land area as protected open space. Development of individual lots is then allowed consistent with 3 `flexible development' subdivision classifications detailed within Article 7 Subdivisions of the UDO, namely: • Estate Lot Option: Characterized with lots having a minimum area of 4 acres where the building envelope does not exceed 50% of the total lot area, • Conservation Cluster Option: Characterized by lots clustered together with a potential minimum lot area of 40,000 square feet. Allowable lot yield is based on compliance with density limits denoted within Section 4.2.4 of the UDO or as required by the underlying zoning district, • Village Option: Allows for mixed use development including various residential options (i.e. single-family, multi-family, townhome, etc.) as well as public/civic areas and non- residential development. This option is expressly prohibited within the RB zoning district as detailed within Section 7.13.2 (C) of the UDO. Staff has determined the flexible development option, specifically conservation cluster and village options, are not permitted based on language contained within the UDO and the Joint Planning Land Use Plan requiring lots `2 acres in size or greater' (i.e. Section 6— Future Use —Joint Planning Area). The applicant has indicated they are not interested in adhering to the estate lot option as it would limit the overall number of individual lots allowed on the property. The Joint Planning Land Use Plan can be viewed by using the following link: http://oranqecountvnc.qov/planninq/documents/J PALU PDocument.pdf As a result the applicant has submitted a conventional subdivision design proposing lots 2 acres in size, based on the minimum lot size for the RB zoning district as detailed within Section 3.3 of the UDO, consistent with the Joint Planning Land Use Plan requirements. A summary of the proposal is as follows: Subdivision Type Number of Average Lot Area in Open Space Open Space Lots Size Percentage Conventional Plan 26 2 acres 5.09 acres (222,155 7.4% sq. ft.) STAFF COMMENT.� This proposal is in accordance with the anticipated densities for properties located within the Rural Buffer land use category as defined within the adopted Comprehensive Plan, Rural Designated area as denoted on the Growth Management Systems Map, and the requirements of the Joint Planning Land Use Plan. Given the language contained within the Joint Planning Land Use Plan, it would appear that the conventional subdivision is the only viable option available to the applicant given the need to maintain a 2 acre minimum lot size for the project. It should be noted staff is in the process of developing a proposal, for BOCC review and approval, seeking to modify the Joint Planning Land Use Plan allowing for flexible development subdivisions within the Rural Buffer — Rural Residential Area Joint Plan land use category. Such amendments have to be approved by all parties (i.e. Orange County, Chapel Hill, Carrboro) after holding the appropriate public hearing(s). Roads: The applicant is proposing to develop 2 public roads to service the project, each constructed to NC Department of Transportation (DOT) standards. The applicant intends to turn these roads over to NC DOT for maintenance at the appropriate time. Specifically, the plan also calls for: • A main collector road composed of a 50 foot right-of-way with a 20 foot improved travel way and natural drainage ditches on each side of the road. The collector road will terminate in a cul-de-sac near designated open space towards the southern property line, • A local road composed of a 50 foot right-of-way with a 20 foot improved travel way and natural drainage ditches on each side of the road. The local road shall be terminated in a cul- de-sac as denoted on the plan towards the southeastern property line, • According to the project engineer, the anticipated traffic volume generated by this development is approximately 249 trips per day at build out, i.e. on average 10 trips per household per day. • The site plan and application narrative denotes a 5 foot easement outside of the proposed DOT right-of-way to accommodate the proposed off-site sewer lines. STAFF COMMENT.� Staff has determined that the proposed roadway construction and layout is consistent with the requirements of the UDO. In reviewing the matter with Mr. Chuck Edwards of NC DOT staff has been informed there are no concerns over accepting the roads for maintenance so long as they are constructed to DOT standards. There will be, however, conditions associated with the project, specifically: 1. An encroachment agreement allowing for the location of proposed utility lines shall be required prior to the commencement of utility work, 2. A utility plan will be required for DOT and County review and approval denoting the location of all utility easement(s) and line locations within, and adjacent to, the proposed rights-of-way (i.e. water, sewer, electrical, phone, cable, gas, etc.). This plan is necessary to ensure adequate spacing between utility lines, proposed stormwater conveyances, and to clearly define who is allowed to operate within these easement areas, 3. DOT shall be involved with the review and approval of the stormwater plan for the project. Orange County Erosion Control shall coordinate the review and approval of the plan with DOT officials. The applicant has been made aware of these conditions and has not indicated any objection. Utilities — Water and Sewer: The project is located within the OWASA Long Term Interest Area as denoted on the Water and Sewer Management, Planning, and Boundary Agreement (WASAMPBA) Map. Water and wastewater services are intended to be provided by individual well and septic systems. The applicant is proposing development of a community well to serve the project. The well is located on a 1.48 acre parcel designated as `open space' on the submitted site plan. The submitted site plan indicates wastewater disposal will be handled by individual septic systems located on lots 1 through 22 while lot(s) 23 through 26 will utilize a common, off-site septic area near the southern boundary of the project. As noted on the submitted site plan, a utility easement is located adjacent to the proposed roadways to accommodate the necessary septic and water lines for the project. STAFF COMMENT.� Orange County Environmental Health has indicated preliminary approval for the proposed septic systems. According to the Environmental Health staff the proposed community well site must be approved by NC Division of Water Quality Public Water Supply Section. The typical cadence for the review and approval of a community well is as follows: 1. Applicant applies for the well through the Division of Water Quality, 1. If approved, a copy of the authorization is provided by the applicant to Orange County Environmental Health, 2. Once the well site is approved by the Division of Water quality, and a copy of the approval is submitted, Environmental Health will issue a well permit authorizing construction. 3. Inspections on the well are coordinated between Environmental Health, the well driller, and Professional Engineer of the water system. Staff recommends that this become a condition of approval. The applicant has indicated they have no objection to the imposition of this condition. Stormwater Drainaqe: The site plan indicates stormwater will be conveyed through natural ditches along the roadway. A 6,000 sq. ft. treatment area is located within the 3.62 acre recreation/open space lot located along the southwestern boundary of the project. STAFF COMMENT.� Orange County Erosion Control indicates the project, as proposed, appears to comply with local and State regulations. A recommended condition of approval shall be that a formal grading and stormwater management plan shall be approved prior to the commencement of earth disturbing activities. The applicant has indicated they have no objection to the imposition of this condition. Land Use Buffers/Open Space: The applicant is proposing to maintain a variable width natural buffer along the perimeter of the project. The total area reserved as land use buffer is 106,775 square feet or 2.5 acres. The submitted site plan also denotes 2 open space areas, totaling approximately 5.09 acres of total land area. The open space shall be maintained by a proposed local property owners association. The site plan also denotes the placement of street trees as well as trees along interior and rear property lines in accordance with the requirements of Section 6.8.7 (A) and (B) of the UDO. STAFF COMMENT.� Section 6.8.6 (D) of the UDO requires that this project maintain a seventy- five (75) feet land use buffer separating the project from adjacent roadways. The applicant is also proposing a 30 foot Type B buffer along the perimeter of the proposed subdivision. Staff has determined the proposed land use buffers meet the requirements of the UDO. Recommended conditions, with respect to tree planting, are as follows: 1. The applicant shall submit a detailed landscape plan for approval outlining the location and species of proposed street trees, as well as any necessary modification or augmentation of identified land use buffers, consistent with the approved site plan and in accordance with the provisions of the UDO. 2. The applicant shall submit a detailed landscape plan as part of the zoning compliance permitting process for each individual lot to guarantee compliance with the approved site plan and the provisions of the UDO with respect to the in-between lot planting requirements. The applicant has indicated they have no objection to the imposition of this condition. Parkland and Recreation: $10,972.00 [$422 x 26 lots] shall be paid to Orange County as payment-in-lieu of parkland dedication prior to recordation of the Final Plat. Environmental Assessment: The State Clearinghouse is collecting all comments from State agencies. As of the writing of this abstract there do not appear to be any issues that would require an Environmental Impact Statement to be prepared. Planning and DEAPR staff did not find any detrimental environmental impacts associated with this development. As a result, planning staff inembers have completed a Finding of No Significant Impact (FONSI) memo contained within Attachment 6. Staff Generated Correspondence: Attachment 3 contains the various comments for this project as of the date of abstract preparation. • Solid Waste requested the addition of several notes on the site plan outlining compliance with several department policies including, but not limited to: requiring the formal approval of a solid waste management plan for the project, trash would be collected by a private hauler, and recycling would be handled by Orange County. The applicant has included the requested notes. • The Orange County Fire Marshal has requested the applicant look at the viability of developing a holding pond, or other viable alternative, to allow for drawing of water for fire suppression activities. The applicant is still reviewing several options to address this request. Analvsis: As required under Section 2.7.4 of the UDO, the Planning Director is required to: `cause an analysis to be made of the application' and pass that analysis on to the reviewing body. In analyzing this request, the Planning Director offers the following: 1. The application has been deemed complete in accordance with the requirements of Section 2.7 and Section 5.15.6 of the UDO. 2. Staff has determined that the property is of sufficient size to support the proposed subdivision. 3. The proposal appears consistent with the various goals outlined within the Comprehensive Plan concerning development, including: a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. c. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. 4. Staff has determined that the proposed subdivision is consistent with the provisions and goals of the Joint Planning Land Use Plan and Joint Planning Agreement. JPA Review: In accordance with the Joint Planning Area Agreement, this project was sent to the Town of Chapel Hill for review and comment on July 20, 2012. As of this date staff has not received any comments. Notification Requirements: Per Sections 2.7.5 and 2.8.7 of the UDO, staff has caused a notice of this hearing to be published: `as least twice in a newspaper of public circulation in the County' for two (2) successive weeks: ` no less than ten (10) days nor more than twenty-five (25) days' before the public hearing. The legal ad was published accordingly. On August 10, 2012 staff sent written notice by certified mail to all adjacent property owners located within 500 feet of the subject property as required by Section 2.7.5 of the UDO. On August 16, 2011 staff posted a sign on the property providing a notice of the date, time, and location of the public hearing. Attachment 7 contains the Notification and Certification of mailing. Class A Special Use Permit (SUP) Process: The SUP process involves the approval of a site plan and a Class A Special Use permit to allow for the development of a specific land use on a parcel of property. The project is reviewed through the quasi-judicial process (i.e. based on sworn testimony and competent evidence) in accordance with the provisions of Section 2.7 and of the UDO. The normal cadence of review is as follows: • SUP applications are reviewed during one of the fourjoint Quarterly Public Hearings held by the Planning Board and the BOCC; • All individuals intending to offer comment/testimony on the application shall be sworn by the Clerk to the BOCC, including County staff, prior to speaking; • Individuals speaking for or against the project will provide evidence on the request demonstrating, or refuting, compliance with the provisions of the UDO; • The BOCC will adjourn the public hearing to a date/time certain and forward the item to the Planning Board for a recommendation; • The BOCC will reconvene the public hearing, receive the Planning Board recommendation, receive any additional testimony, close the hearing, and make a final determination on the merits of the request based on the evidence and sworn testimony offered into the record for and against an application. Conditions can be imposed as part of this approval that address public health, safety, and welfare issues; • If approved, the SUP and site/subdivision plan are recorded at the Orange County Registrar of Deeds. This SUP document outlines any conditions regulating the development of the approved use and binds all current and future property owners to abiding by the approval. FINANCIAL IMPACT: Attachment 4 provides a financial impact for the project, as a whole, on County services. Staff has determined the project would not require augmentation of County budgetary outlays to support services and that anticipated revenues from property taxes should supplement increases in cost. Additional financial impacts associated with the review of this project are broken down as follows: Public Hearinq: The costs associated with the scheduling and advertising includes: • $21.60 covering postage for 48 first class letters notifying adjacent property owners of the Neighborhood Information Meeting held on August 6, 2012, • $1,587.60 for the newspaper legal advertisement (NOTE: this cost includes all 3 items scheduled for review at the August 27, 2012 public hearing), • $163.20 covering postage for 48 certified letters notifying adjacent property owners of the May Quarterly Public Hearing, The applicant's application submittal fee covered the costs of these items. RECOMMENDATION: The Planning Director recommends the Board: 1. Receive the SUP application, 2. Conduct the Public Hearing and accept public, Planning Board, and BOCC sworn testimony on the application, 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the November 20, 2012 BOCC regular meeting, and 4. Adjourn the public hearing until November 20, 2012 in order to receive the Planning Board's recommendation and any submitted written comments. Attachment 1 � , � � ° " �I�11 J���""�i�i!%' ����r���y���.�,�� unhill si nti I o unity Orange County, NC Major Subdivision Class A SUP Application Package INTRODUCTION The applicant, David Weelkey Homes, LLC, is seeking approval for a Class A Special Use Permit (SUP) to develop the 26-lot Dunhill Residential Subdivision. Since its founding in 1976 in Houston, Texas, David Weekley Homes has become one of America's most-recognized new home builders, delivering innovative design, incomparable choices and high level of inspired customer service to hundreds of neighborhoods in more than sixteen cities. As the nation's third largest privately held homebuilder, our primary business is the design, construction, marketing and sales of new, single-family homes. Our product lines suit the needs of a variety of markets with homes designed for first-time homebuyers to distinctive executive homes. Customers consistently seek out David Weekley Homes due to our positive reputation and award-winning designs. David Weekley Homes is the first home builder in history to attain the coveted Triple Crown in Homebuilding awards, an honor that includes "America's Best Builder," "National Builder of the Year," and the "National Housing Quality Award." We are the only builder who has appeared on FORTUNE� magazine's "100 Best Companies to Work For" list seven times, and has earned more than 950 awards for design, construction and marketing excellence. In addition, our EnergySaverT"' Homes offer homebuyers the best in energy-efficiency and are backed by the Environments For Living� Program's energy usage guarantee. Project Contacts Applicant and Developer: Weekley Homes LLC, 15401 Weston Parkway, Suite 175, Cary, NC 27513, Jeff Akin, Division President, 919.659.1501,jakin@dwhomes.com Applicant Representative: Joe Lyle, 919.210.9516,jjl@millridgeco.com Property Owner: JJF Farm, LLC, PO Box 765, Hillsborough, NC 27278 Project Planning & Design: Summit Design & Engineering Services, 504 Meadowland Dr., Hillsborough, NC 27278, Michelle Kempinski, RLA, 919.732.3883, michelle.kempinski@summit-engineer.com Page 1 of 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Current Land Use (Please refer to the project's Site Analysis Sheet and the site photos included in the appendix of this application) The proposed project is located at 2301 Mount Sinai Road, in the Chapel Hill Township portion of the Orange County Rural Buffer Zoning District (OC PIN 9881-15-7138). The current land use for this 68.5- acre property is residential, with a horse farm, boarding stables, and lighted riding ring. The property is currently owned by JJF Farm, LLC. David Weelkey Homes, LLC has established a purchase agreement with the current landowner, which is conditional on the approval of this Class A SUP (a copy of this agreement is included in the appendix of this application package). The existing residential and farm-related structures are clustered at the southwest portion of the property, Vehicular access across the property is provided by a 1700' long gravel drive, with a concrete split entry at Mount Sinai Road. Approximately 50�0 of the site's natural habitat is mixed deciduous woodland and 50�o rolling grassy meadow. The property is gently sloped with the highest elevation (522') located approximately 500 feet south of the Mount Sinai road entry point, and the lowest elevations are located along the eastern and southern boundaries (460' and 444' respectively). There is an unnamed tributary to 'Field Creek' and an emergent wetland located at the edge of the property's southwest corner. These wetlands have been recently investigated by Orange County Erosion Control and it has been determined that they are subject Orange County and NCDWQ Stream Buffer Rules ('65-foot Riparian Buffer as part of the Cape Fear River Basin). Copies of the Orange County Surface Water ldentification Report and the Soil Services, PLLC Detailed Wetland Delineation Report are also included in the appendix of this application package, This property is located in the Orange County Rural Buffer (RB) zoning district and is subject to the development criteria specified in the 2011 UDO and the 1986 Orange County Joint Planning Area (JPA) Land Use Plan with Chapel Hill and Carrboro. Adjacent Property Information Adjacent land uses are primarily residential subdivisions, featuring a wide range home types, sizes and ages. These subdivisions include: • Primrose Holdings (1-1.5 acre lots) • Freeland Hills (0.5-2.5 acre lots) • Woodkirk (3.0-5.5 acre lots) • Greene Valley (1-2 acre lots) • J&J Mobile Home Park (16 structures on 7.3 acres) • Northfield at Creek Wood (2.25-3.7 acre lots) An evaluation of the existing land and home values has been prepared and is included for reference in the appendix of this application. The proposed development density (2.6 acres per lot) and lot sizes (2-acre minimum) of the Dunhill subdivision comply with the existing and intended nature and form of residential development within this portion of the Rural Buffer. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 2 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Project Overview The proposed 26-lot Dunhill subdivision will offer a mix of wooded and open 2-acre lots, served by Moinear Lane (a paved 20'wide public collector road) and Banlaoch Way (a paved 20' wide public local road). The entire subdivision will be served by a community well and individual septic systems. Due to the lack of identified 'suitable' soils in the area, septic fields for lots 23-26 will be accommodated by a common septic field located at the southeast corner of the property, as shown on the Site Plan. This utility will be subject to access and maintenance terms, which will be addressed in the Homeowner's Declaration of Covenants, Conditions and Restrictions documents (a sample document is included in the appendix). This community will offer approximately 5 acres of community recreation/open space, with private recreational improvements, including a proposed picnic shelter and pathway. The proposed site plan also provides approximately 5 acres of primary tree protection areas and 16 acres of secondary tree protection areas, in addition to the required land use buffers and building setbacks. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 3 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC CLASS A SPECIAL USE PERMIT APPLICATION REQUIREMENTS The applicant, Weelkey Homes, LLC is seeking approval for a Class A Special Use Permit (SUP) to develop the 26-lot Dunhill Residential Subdivision. The applicable review and approval process for a Class A SUP is outlined in Article 2, Section 2J: Special Use Permits of the Orange County 2011 UDO. Section 2.7.9: Standards of Evaluation, outlines the following specific standards that shall be used in assessing an application: (A) The project meets all applicable design standards and other requirements of this Ordinance. It is the applicant's intention to demonstrate compliance with the SUP review process and conformance with the applicable UDO design standards. In fulfillment of this obligation, the applicant submits for review this project narrative, a Site Analysis, and a Site Plan with the Class A SUP application. (B) The development can reasonably be completed within the vesting period requested, if any. Please refer to the project's development schedule, provided in the section addressing 5.15.6 Major Subdivision (A) Standards for Class A Special Use Permit Submittal Requirements. (CJ Where vesting in excess of two years is requested, the project is located in an area where current issues under study do not involve potential amendments to the Comprehensive Plan and/or this Ordinance. Please refer to the project's development schedule, provided in the section addressing 5.15.6 Major Subdivision (A) Standards for Class A Special Use Permit Submittal Requirements. Conformance to Orange County Development Standards Review of this project is also subject to the General and Specific Review Standards outlined in Section 5.3.2, of the Orange County 2011 UDO. The design of the project is subject to the General Provisions and Design Standards described in Article 7: Subdivisions, the dimensional standards of Section 3.3: Residential Districts (RB) of the Orange County UDO, and the applicable residential Development standards provided in Article 6 of the UDO. The proposed Site Plan for the Dunhill subdivision has been designed to comply with the General and Specific provisions for a Conventional Major Subdivision development in Orange County outlined in Article 7: Subdivisions and Article 6: Development Standards. The 1986 Orange County, Chapel Hill and Carrboro Joint Planning Agreement JPA For residential subdivision projects located within the Joint Planning Area (JPA) of the Orange County Rural Buffer, the provisions of the Joint Planning Agreement overlay the standards of the OC 201 1 UDO. Per Section 3.3 of the UDO, the allowable residential density in the RB zoning district is 2 acres/lot. The maximum calculated lot yield for the existing 68.5-acre parcel (less road ROWs) is 32 lots. For subdivisions within the Rural Buffer, the JPA specifically requires a minimum 2-acre lot size. The JPA's 2-acre minimum lot size requirement supercedes the minimum 2-acre/lot density requirement described within the OC UDO and inhibits application of the UDO's design standards for Flexible/Cluster subdivisions. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 4 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC For subdivisions outside of the Rural Buffer and jurisdiction of the JPA, the OC 2011 UDO allows and encourages the design of 'Flexible' or 'Cluster' development plans. The primary purpose of the flexible/cluster subdivision development design standards is to increase the amount of preserved open space while allowing for the same maximum calculated lot yield as conventional subdivision plans. This equivalent lot yield, with increased open space is achieved by decreasing the minimum lot sizes and building setbacks, and reserving this area as 'open space' within the community. However the JPA lot size restriction specifically prohibits the reduction of lot size below a minimum of 2 acres, and precludes the application of 'Flexible Development' designs in the Rural Buffer. For this reason, the applicant has submitted a subdivision plan that follows the requirements of the 201 1 UDO and the JPA standards for a 'Conventional' subdivision, using a minimum lot-size of 2 acres and a calculated density of 2.63 acres/lot. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 5 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Section 5.3.2: Special Uses, (a) General Standards (1J The use will maintain of promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. The development density and lot sizes proposed for this subdivision support the intended nature and form of residential development in the Rural Buffer. This proposed development meets the development requirements of the Orange County UDO and the Orange County-Chapel Hill JPA, for development in the Rural Buffer Zoning District. The project is also required to comply with applicable County and State regulations dealing with riparian buffer protections, stormwater management, NCDOT subdivision road design, Orange County erosion control, and all other applicable State and County building standards governing the overall development of the proposed single-family residences. In addition to the required land use buffers and building setbacks, approximately 5 acres of recreational open space and primary tree protection areas are provided by the proposed subdivision plan (with approximately 16 acres of secondary tree protection areas). The existing wooded habitats on the property have been preserved to the maximum extent possible by centrally locating the proposed infrastructure improvements (roads, utilities and community recreational facilities) in areas that have been previously cleared of trees or developed. (2J The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous propertyJ. The proposed development and land use is consistent with surrounding properties. Existing residential development in the surrounding subdivisions feature a wide range home types, sizes and ages. In keeping with the existing surrounding neighborhoods, this proposed residential community would provide 26 lots, ranging in size from 2 acres to 3.2 acres. Illustrations of the projected home styles to be offered in this community are included in this application's appendix. An evaluation of the existing land and home values has been prepared and is also included for reference in the appendix. (3J The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. The character of the proposed development is consistent with the existing residential development in the area. The surrounding area currently offers subdivisions with lots and homes of varying sizes, types and ages. These include: • Primrose Holdings (1-1.5 acre lots) • Freeland Hills (0.5-2.5 acre lots) • Woodkirk (3-5.5 acre lots) • Greene Valley (1-2 acre lots) • J&J Mobile Home Park (16 structures on 7.3 acres) • Northfield at Creek Wood (2.25-3.7 acre lots) The development density and lot sizes proposed for this subdivision support the intended nature and form of residential development described by the 2011 UDO and the 1986 JPA for the Rural Buffer. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE b OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Section 5.3.2: Special Uses, (B) Specific Standards In addition to the general standards stated in Section 5.3.2(AJ, the following specific standards shall be addressed by the applicant before the issuance of a Special Use Permit: (1 J Method and adequacy of provision of sewage disposal facilities, solid waste, and water. The entire subdivision will be served by a community well and individual septic systems. Shown on the Site Plan are minimum 20,000 sf areas of identified 'suitable' soils for each lot's septic field (refer to the Soil Services, PLLC Soil/Site Evaluation report in the appendix). Septic fields for lots 23-26 will be accommodated by a common septic field located at the southeast corner of the property, due to the lack of identified 'suitable' soils in the area. The common septic field area (shown on the Site Plan) will be subject to access and maintenance terms described on the Homeowner's Declaration of Covenants, Conditions and Restrictions. (2J Method and adequacy of police, fire and rescue squad protection. To address emergency access, the proposed 26-lot Dunhill subdivision will be served by Moinear Lane (a paved 20' wide public collector road, approximately 2000' long) and Banlaoch Way (a paved 20' wide public local road, approximately 1000' long). Both subdivision roads are planned to be dedicated to the NC DOT as public roads and will be required to meet the Minimum Construction Standards for Subdivision Roads by the NC Division of Highways Board of Transportation and the requirements of the Orange County 201 1 UDO. Feedback regarding the adequacy of this project to address emergency services protection is pending application review by the applicable Orange County Agencies. (3J Method and adequacy of vehicular access to the site and traffic conditions around the site. The proposed 26-lot Dunhill subdivision will be served by Moinear Lane and Banlaoch Way. Both subdivision roads are planned to be dedicated to the NC DOT as public roads and the will be required to meet the Minimum Construction Standards for Subdivision Roads by the NC Division of Highways Board of Transportation and the requirements of the Orange County 201 1 UDO. (4J Other use specific standards as set forth herein. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 7 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC 5.15.6 Major Subdivision (A) Standards for Class A Special Use Permit Submiltal Requirements In accordance with Article 5: Special Uses, Section 5.15.6: Major Subdivisions, the following additional information is provided with the application: Notification A list of all properties within 500 feet of the subject property has been compiled and presented to Orange County Planning. A copy of this property listing is provided in the appendix. Development Schedule The anticipated schedule for project development will initiate road and utility design immediately following the Preliminary Site Plan and SUP approval. This will be followed by the project's infrastructure permitting and construction, according to the schedule below: • August-December 2012: SUP submittal and review process, public hearings and Board meetings. • December 2012: Anticipated BOCC Approval of SUP • January 2013 - June 2013: Final engineering design and construction drawings • June 2013: Zoning Compliance and Permit Applications • July 2013-June 2014: Subdivision Construction Water and Wastewater If the proposed lots are to be served by individual wells or community wells, a professionally prepared groundwater yield analysis relating the proposed wells to the U.S. Geological Survey Water Resources Investigations Report 00-4286 and any later USGS Water Resource Investigation Report data available. The applicant proposes installation of a community well for the 26-lot subdivision. The well is planned to be installed and operated by Aqua North Carolina, Inc. A draft utility services agreement between the developer and Aqua North Carolina, Inc. is included in the appendix of this application. In response to requirement above, Peggy-Sue Dodge, Senior New Business Coordinator with Aqua NC has provided the following information in an email to the developer, dated 6/14/2012: "The County's generally will require a copy of the DEH permit in order to obtain platting of lots. This permit approval states the production available to ser the project. This cannot be obtained until the Developer has obtained (a)well site approval, (b)well drilling construction lot, (c) 24-hour well drawdown testing results, (d) analytical results, (e) engineering design and submittal to DEH." "Developer will have to: I. Obtain DEH approval of the well site and before drilling begins wait for the pre-drill site approval (week); 2. Begin the drilling process (3-4 days); 3. Begin the 24-hour well drawdown test (day); 4. Analytical testing (4-b weeks); 5. Engineering design and review(2-3 weeks); b. Once submitted it will take DEH approximately 4 weeks to complete the review process and issue permit so construction can begin; 7. Certificate issued to Aqua by the Utilities Commission approve the new service territory(3-4 weeks)." The developer requests that compliance with 5.15.6(A)(1)(C)(iv) be added as a condition of the Class A SUP approval. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 8 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Open Space Connectivity A map that demonstrates that the open space composition, accessibility, shape and size requirements as set forth in Section 7.13 of this Ordinance is to be met. Open Space provisions and 5.15.6(A)(1)(d) specifically apply to Flexible Developments and are not applicable to Conventional Subdivision designs. Natural 8� Human-Made Resources A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other constructed features, historic and archaeological sites, and visual analysis of views into and from the site. A graphic Site Analysis of the land's environmental features is included with this SUP application. An initial review of a copy of the 2004 Inventory of Natural Areas and Wildlife Habitats of Orange County NC does not indicate that this site contains any identified Significant Natural Resources or habitats. The Orange County Department of Environment, Agriculture, Parks and Recreation was contacted on June 1 1, 2012 to request/confirm an assessment of the site in relation to any identified Significant Natural Resource inventories in the County. Response from DEAPR is pending at the time of application submittal. The State Historic Preservation Office (SHPO) was also contacted on June 1 1, 2012 to request identification/assessment of the property's potential historic and archeological resources. A copy of the email correspondence is included in the application along with SHPO written response provided on June 15th, 2012. This response states that SHOP has conducted a review of the project and is aware of no historic resources, which would be affected by the project. Pedestrian/Bicycle Plan If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian/bike lanes as part of the public roads using, where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system. (iiJ For proposals not located in a transition area an off-road, pedestrian plan shall be submitted. This item does not apply. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 9 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Landscape Plan Details A landscape and tree preservation plan that shows the following: (iJ The proposed locations, and types of, plantings, The proposed locations and numbers of the required street tree planting are illustrated on the Site Plan. The applicant intends to use native plants throughout the community's landscape plan. The applicant requests that the Landscape Plan and specifications, including the listing of the specific types and sizes for these plants, is conditionally provided as part of the SUP approval and prior to requesting construction permits for the project. (iiJ The existing natural landscape with existing topography, This information is provided on the submitted Site Analysis sheet. (iiiJ The width of roadside and perimeter buffers to be left undisturbed, This information is provided on the submitted Site Plan. (ivJ The open space (proposed undisturbed and proposed improvedJ as well as type of ownership. The location of the proposed recreational space is shown on the submitted Site Plan. The applicant requests that the detailed construction plans for these spaces are conditionally provided as part of the SUP approval and prior to requesting construction permits for the project. Recreational Space Private: Approximately 5 acres of private recreational open space are provided on the submitted Site Plan with proposed recreational improvements that include a picnic shelter and pathway. Public: Whether a portion (1/57th of an acre per dwelling unit) of the property is dedicated to Orange County for public recreation facilities or a whether a payment (at a rate to be determined by the County) is made in-lieu by the developer, will be determined by the pending Orange County Recreation and Parks Advisory Council's review of the project and their recommendations. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 10 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Article 2: Procedures Section, 2.5 Site Plan Review Sections, 2.5.2: Application Requirements (AJ Each site plan shall be prepared and sealed by an appropriately licensed professional. The Plans submitted with this application have been prepared by Michelle Kempinski, Registered Landscape Architect. (BJ The applicant shall submit to the Planning and Inspections Department: (1J Three copies of the site plan prepared in accordance with the provisions detailed in this Section. Additional copies may be required depending on the nature and location of the proposed developmentJ; Copies of the application and plans have been submitted per the Class A SUP requirements. (2J The completed site plan application form; The Class A SUP application form has been submitted and a copy is included in the appendix. (3J A copy of the Orange County tax map with the subject property identified; The Submitted site plan includes a completed Boundary Survey for the property along with the OC land records tax identification information for the property. (4J Legal documentation, to be approved by the County Attorney, establishing entities responsible for control over common areas and facilities. Please refer to the attached Sample Homeowner's Declaration of Covenants, Conditions and Restrictions, which will be revised as needed during the project's review and approval process to address the reviewer's conditions for the Dunhill Subdivision. (5J Three copies of the Environmental Assessment and/or Environmental Impact Statement, if required under Section 6.16 of this Ordinance. In addition to the Site Analysis sheet provided, copies of the Wetlands and Soil Surveys provided by Soils Sciences, PLLC and the Orange County Wetland Determination report are also included with this application. Per Section 6.16: Environmental Impact Reports, an Environmental Impact Statement is not required for this project. (6J A statement regarding the method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity. Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited. A disposal statement is provided on the Site Plan (CJ Other items which should be submitted simultaneously but are not required as part of the site plan application are: (1J Erosion control and grading plans as necessary to be approved by the Erosion Control Officer for a grading permit, and An initial engineering assessment of the land area that may be required to treat Stormwater runoff is illustrated on the Site Plan. The applicant requests that the detail design of the Stormwater management system is provided conditionally upon approval of the Class A SUP and prior to issuing construction permits for the project. (2J Building construction plans to be approved by the Building Official prior to issuance of a building permit. The applicant requests that building construction plans will be developed and building permits will be sought conditionally upon approval of the Class A SUP. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 11 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC Traffic Study Per the Orange County UDO, Section 2.5.3(H) a traffic study is not required because the proposed development is less than 40 lots, and the 26 lots proposed will only generate an estimated 249 vehicle trips per day (per the Institute of Transportation Engineers ITE Trip Generation manual, 8th Edition). 2.5.3 Plan Specifications Each site plan shall be drawn at a scale adequate to show required detail and shall contain the following information (checked line items are included with the applicationJ: ✓ The boundary of the lot(s) to be developed labeled with bearings and distances; ✓ The name, address, and phone number of the applicant and the property owner; ✓ Name of project, vicinity map, north arrow, scale, tax map reference number, date of plan preparation, and subsequent revision dates; ✓ Zoning of the property to be developed and all adjacent zoning and existing adjacent land uses; ✓ Adjacent right-of-way widths with road names and numbers; ✓ A development summary including total acres, proposed use(s), total building square footage, required and proposed parking spaces. ✓ Demonstrated compliance with all applicable performance standards contained in Articles 3, 4, 5, and 6 of this Ordinance; ✓ Maximum and proposed impervious surface and required stream buffers as detailed in Sections 4.2 and 6.12 of this Ordinance (maximum impervious surface limits are not applicable to this watershed); ✓ Estimated traffic generated by the proposed development in trips per day. If the estimate exceeds 800 trips per day, a traffic impact study must be submitted in accordance with Section 6.17; (not applicable) ✓ Front, side, and rear building setbacks as required by Articles 3 and 5 of this Ordinance; ✓ Location of all proposed buildings and structures labeled with floor area, building height and function, and proposed finished floor elevation; (Illustrations of the proposed home plans are provided in the appendix). ✓ Vehicular use areas including existing and proposed streets and access drives, off street parking and loading to comply with Section 6.9 of this Ordinance, and entry/exit points of adjacent parcels; ✓ Overhead and underground utilities with accompanying easements and storm drainage facilities/easements (including septic tanks and wastewater disposal fields, wells, fire hydrants, irrigation, and security lights); (The proposed public and private utility easements and areas reserved for stormwater management are shown on the plan.) • Solid waste disposal facilities; (not applicable) ✓ All proposed free-standing and wall-mounted signs. Signs must comply with Section 6.12 of this Ordinance; (The applicant requests that detailed sign illustrations and designs are provided conditionally upon approval of the SUP and prior to sign and building permit applications) ✓ A landscape plan demonstrating compliance with Section 6.8 of this Ordinance; The applicant requests that a the detailed landscape plan, including the listing of the specific types and sizes for SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 12 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC these plants is conditionally provided as part of the SUP approval and prior to requesting construction permits for the project. ✓ For all developments other than single-family residential and duplexes, existing contour lines (dashed) and proposed contours (solid) at 5-foot intervals with 10-foot contours bold. Where site conditions warrant, 2-foot contours may be required; (Existing 2-foot contours are shown on the Site Plan). • Retaining walls, tree wells, or rip rap as part of the grading plan; (none proposed) ✓ Streams, ponds, drainage ditches, swamps, floodway and floodplain boundaries; (Wetland locations have been identified on the Site Analysis and Site Plans) ✓ Phase lines and numbers if the development is to be phased; (No phasing is proposed for this project) ✓ Methods of disposal of trees, limbs, stumps and construction debris associated with the permitted activity. Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited; (Disposal notes have been included on the Site Plan) ✓ Compliance with County adopted access management, transportation and/or connectivity plans and denote the location of future roadway(s) and access easements, whether public or private, to ensure and encourage future connectivity; and Based on the layout and nature of the existing developments and roads surrounding this parcel, the only potential stub out location for connection to a current or future roadway would be at the western edge of the property where it meets George Circle in the Freeland Hills Subdivision. However, any potential road connection would involve a jurisdictional stream crossing and disturbance to the required 65' riparian buffer that separates these two properties. ✓ Additional information may be required based on the site location and the type of development proposed. SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 13 OF 14 I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC ATTACHMENTS 1. CLASS A SUP APPLICATION 2. PHOTOS OF CURRENT SITE CONDITIONS 3. SOIL SERVICES, LLC: DETAILED SOIL/SITE EVALUATION REPORT 4. SOIL SERVICES, LLC: DETAILED WETLAND DELINEATION & STREAM BUFFER EVALUATION 5. ORANGE COUNTY SURFACE WATER IDENTIFICATION REPORT 6. DRAFT WATER UTILITY SYSTEM AGREEMENT 7. LISTING OF RESIDENTS WITHIN 500' OF SUBJECT PROPERTY 8. CORRESPONDENCE REGARDING SHPO EVALUATION OF POTENTIAL HISTORIC AND ARCHEOLOGICAL RESOURCES 9. SAMPLE HOMEOWNER'S DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 10. AGREEMENT TO PURCHASE JJF FARM 1 1 . JUNE 19, 2012 EVALUATION OF EXISTING LAND AND HOME VALUES 12. ILLUSTRATIONS OF DAVID WEEKLEY HOMES `CUSTOM CLASSICS' HOME DESIGNS SUI► �IIT DESIGN AND ENGINEERING SERVICES PAGE 14 OF 14 �� � '"',��'���,�.`��`�.�" ��.r,� '��,-.. �;'�",�'��'��,��"���� �,Y .�� ��, -c,€k��� � �, y��,�r�-h'����k� ..» �. ���'P�. 11�,��� .. �`", ����..�`v'."�: .��4.,,�`'�s�,�'�� �""a.�`4.�:�`���� ?,�'"�. �`3,���. ,�,�%2�^^'`�-`�c�,`�"-�.."' .�r�� � �, "����'�� t,�'.�c,,�'.� s �S �� .�f ��.�"�..��;,�. � . . �y .�,."`� .;� � ,s",�. � s� � . .. � ;. ,�''� � . .. �. ,� �:: y ,p-�5+��,�'� �) ,�,��� � �' �,� �tt, ,,�`s a b"x��'E'§,�`z���x.�� #�r s rnsx- .2' ' � �, � v, N;�,.�r'�' ''*`�-� �, -�. �. , .�;�,� � r�a.-^i���`� '�-�` d� � � 7:.+�"S. „s�v�,;,,�"�x,y""w��'u.°w�. G,��, ���$ 3�ew��a�. *����,.;,��9,�,,'�"s�k`e'.. s�wz�,*.,''�,"r,�,�'�w� � �'�'' z s,2 ���"��,,``,�,.� ��-�"`-a�-„"'.. „� �s r�''��.9�..����+ a-'"i..;?u^'` .��: �„ �,-'���. 4 k^-��,4, #�� °�:"��''�^;rxz..�.:r�,�;�,�„,� �;�. ��� � �� `'.'��r�^"'�-� "i .. �,�x�... `� ��� �.��r �r,y r '�:.z.� �3�k����'��, �`,`;� ��`'.�i�f�„"-"-`�-r X�� '.~;- � x,� . r-";_ � �.' �°�-� .-��t ..,�t ��..,u,,.�f����:a �'��a�'�,.ca'� '` �,�s ', '�°',��+�`s's�>,� ,�,- �� �"" "`�,`..� � a�. <� � � � -r;. �s; e��,t� rY�' � �.�w4 .�������„+�'�,"'�e"�'� �ti � �� �'—t`"� ,�. :�..��,,.,�'�,,.� .� �s '��. `�' p �. � �z, � r ro<� '� � ,J�r � � '� �s'� ?��'�z ��; ������� .. � .� �a' �.. .q��� s"���� �� c,.dit2 �.„,��;.,�� '� � . � �"",�, �,�.�;+����? ��:�sa. �.,��, �s Y Sy�,rn.z. ;�y,;.,�;x '"`h'w��. h� 'h �� �"�Y-x;��"zts`"�. ..9 �: A�'q@. �" <%'w 2 � �-.,, r '�.�'''�"x� 'z`{� �, �i�� "' ; ,t�'m�x-r .c , v�,�s '� „� a��,� �y'�:'.:s'�" .r='.:.,.? �,s� �x -i. .. �'j� �.��9� �� ; c ; �4 ��� , i �� i ��w. s � „�c.4x�'�,s t`f ; ,.s ..�,'"�� �. "+_ c w� 4 a� .r °F �s-�...�;, �.....,�_�....,...,.c`�:.....«��.x��.1k� ,,�..�...�.,<, . .:..��, , . ....,.�.. ,tiu�., � �., ...�.� �" .w .,-�. � ...,� � ..�-. ....,� .w�.r.._,,,: , a�..�,�-E; ,�.. �..:.:�a.��.,w E�����Cl���'��i����l�i����: Date: 06-22-12 Weekley Homes, LLC 919.659.1501 Applicant: Phone: 15401 Weston Parkway, Suite 175, Address: Cell Phone: Cary, NC 27513 jakin@dwhomes.com E-mail: Mr. Jeff Akin, Division President Agent: Phone: {same as above) Address: Cell Phone: E-mail: Address of subject property: 2301 Mount Sinai Road 9881-15-7138 68.5 acres Parcel Identification Number(PIN): Lot Size: Rural Buffer Jordan Lake Unprotected Zoning Designation: Watershed Overlay: Cape Fear River Basin Other Overlay Zoning Districts: The applicant is requesting review and appraval of a Ciass Request(include detailed description of proposed land use): A SUP for a 26-lot residential subdivision. The proposed Dunhiil subdivision will affer a mix of wooded and open 2-acre lots, served by Moinear Lane and Banlaoch Way. This community will offer approximately 5 acres of community open space,with private rECreational improvements, inciuding a proposed picnic shelter and pathway. The proposed site plan also provides approximately 5 acres of primary tree protection areas and 16 acres of secondary tree protection areas, in addition to the required land use buffers and building setbacks. Please see attached Site Rnalysis, Site Pian and narrative for a full description of this project. SI7�l1�IIZ"I'r��. II�1�OIt1VIA'�I�1�1 Per �e�taon 2.7.3 of the LTnif�ed Develo�ament �rdinane� (IJDt�), all Class A Spec��l�Jse P�rm�t agsplicatimr�s are re€�u�rec�tm subaraflt th�followan�: i) 26 copies of a site plan prepared by a registered North Carolina land surveyor, landscape architect, architect, or engineer containing all required information detailed within Section 2.5 of the UDO. This site plan will also need to contain all relevant information demonstrating that the proposed special use compliance with all general and specific standards governing the proposed special use as detailed within Article(s)5 and 6 of the UDO. 2) A detailed narrative outlining the proposed land use including operational require�ments, the locati�n of facility, appearance,etc., 3) Docuinentation establishing compliance wi�l� Section 5.3.2 inclusive of the UDO. 4) The names and addresses of the owners involved with the project, 5) A list of property owners within 500 feet af the subject parcel and the name and address of each property owner, as currently listed in the Orange County tax records, 6) Elevations of all structures praposed to be used in the development, 7) 26 copies of the Bnvironmental Assessment and/or Environmental Impact Statement if required by Section 6.16 of the UDO, 8) Statement outlining the anticipated development schedule for the completion of the project, ** l��'�'�: It should be remem�ea�et� tiaat th� revie� of�11 special use perrnit applications/�odi�c�tions ar� carrie€i mut �n a quasa Judicial forariat meaning tl�at s��cisa�ns reia�irag to the a�proval or denial mf an appli�at�ora are bas�cl s�lely on the sw�raa testimmny �f all parti�s invoived with tlae case, b�t� those for an�l agaanst an ���liea�aon, �s well a� the revflew of �oa�petent materiai and substantial eviden�e s�brnitte���ari�g t�e public hearing. �'urther the applacant ha� the �aur€�en of establis�flng, by the s�b�ssian �f eom��tent rraateri�l and su�stantial evidence, th� exasten�� �f facts and ��nditi�ns tha� demonstrate th� �roj�cts c�m�liance w�th tia�vari�us req��refln�n�s and s�n�aa°ds d�taal�€�within the IJni�ied I)evelo�me�t�rclinanc�e *� I (we), the undersigned, have been made aware of the process for the review and action associated w'rth a Class A Special Use Permit applicatian and understand that only completed applications, containing all information required by the Orange Counry UDO shall be reviewed and acted upon by the County. I (we) understand that it shall be my (our) responsibility to present evidence to the County in �he form of sworn testimony, exhibits, documents, models, plans, and the like support the request for approval of the Class A Special Use Permit. Further I (we) understand that any assistance I (we) may receive from County staff in preparing this application in na way guarantees a favorable recommendation by staff on the merits of this propasal nor does it guarantee an approval of the equest by the County. k..,., '�vx.:0n .. � / \d �� �m.m., ��� � � 1� _ l . � � 5 j5 Applicant� � _ � �"�°��� �� �� I3ate: Applicant I�ate: I Orange County Class A SUP Application Dunhill Ma�or Subdivision Chapel Hill NC �i'1r�� M�Y � �� �,I , �a�,, w�,����„� , „ i u �����r�� , ��j,�;���� j ���� � r���„ � , ,�, �� �' r' r�, � r� � ,, �F. i �� � View�across property (to the North) View of existing barn p y i l � i MV;� �,' �i "�f� , �, � �� u� � q7 � � �� � , � , � � � a �� �i� , , " �' » ; � : i, �,,,,,,,, %/lfi�'. , �, ,;„ .... ' ,//ait%/�� ,,, � ' n � �4 � a+eM � � 4 ly I , i r��uw��i'w�/!� �� i/�ir����,5�»����W� i � J Nn4 Wa� w,laL ' i��r ' W'� ' i ',:� %I ry l�h N 1 J I"����i�� ( �/� . o . �,�, �,r. , ,,,,rt��,y,11 t, „�. „ ,.,.,,. ,,,, „ �„v:�,,,,r, ti�.,,:e/,,,1, �,,,��m,/ „�.. Existing residence View across property (to the South) �/����� � '/////////%%��o%% i� �l� � �i%����� hr �r� � ������� /�/� � ���1�1�(�l'� ,, f r � .' �� � ,�� r ��� ��/%%i�° %/%� iiiii � �aa > iii/% � � llll�v� �itt��ao�n i/// , i� f� � �i�i��y f ��� s ", „ �� ;f�1f ,�,� ���1� „ �:�f'i�G � � �1��� ��i,,,,, , '1�� � '�' �II�' �' t ! ��'I�V,�ii�� /,,� ��, Y���od f�"�i p j il�� � i��� ' ��'�1�� y q i6 N i i�'i i,� I' ul r` �p�� ����i,�ii �; ������� '"WP�� ;��I� I,��� �� r�i�d��' '�f,� � , J f�. � �� ��� � �� � ��J � � '� � Yfy�,� � ���, li� , � � . ..'„ ���� , � I id��p�.R. ,i �1��)rli��i A����..�� ..... Existing Stalls Existing Riding Ring SOIL SERVICES, PLLC 3220 PURNELL ROAD e•WAKE FOREST, NC •a 27587 May 2, 2012 Project No. 1116-1 David Weekley Homes, Inc. Attn: Jeff Akin 15401 Weston Parkway, Ste. 175 Cary, NC 27513 Re: Detailed SoiUSite Evaluation Mt. Sinai Tract(Approx. 67 Acres) Mt. Sinai Road, Orange County PIN No. 9881-15-7138 Dear Mr. Akin: On April 11 —May l, 2012, Soil Services, PLLC (Soil Services) completed a detailed soil/site evaluation on the Mt. Sinai Tract. The evaluation identified areas of soil that have the potential for subsurface wastewater disposal. This evaluation was performed as part of the preliminary planning process. Soil Services traversed the site during dry conditions. Hand auger borings were used to evaluate soil conditions (texture, structure, depth, wetness condition, etc.)relative to subsurface wastewater disposal. Both man-made and natural landforms (drainways, slope, land disturbances,past and present uses, etc.)were observed as well. Based on these observations, a soil boundary between the potentially suitable and unsuitable soils were flagged and located with a GPS receiver. The criteria used to evaluate the soil and site is contained in 15A NCAC 18A .1900 "Laws and Rules for Sewage Treatment and Disposal Systems" and "Regulations Governing Sewage treatment and Disposal in Wake County, Amended 2.26.98" and/or Local Regulations. Results and Recommendations The property is located in the Carolina Slate Belt of Orange County, North Carolina. The uplands soils found on site are similar to the Tatum, Herndon, Georgville, and Enon soil series. The Georgeville, Herndon and Tatum soil series has a loam surface above a clay subsurface. In this soil,prohibitive characteristics are greater than 36 inches below the natural ground surface and are therefore generally considered useable for subsurface wastewater disposal. The Enon soil series has a loam surface above a clay subsurface. Due to the unsuitable clay mineralogy and/or shallow seasonal high wetness condition, these soils are generally considered unsuitable for conventional subsurface wastewater disposal systems. However, these soils may be suitable for alternative system types such as pretreatment drip or spray irrigation systems. Alternative Phone: (919) 745-1928 www.SoilServices.org Fax: (919) 554-1869 Soil Services,PLLC Proj ect No. 1 ll 6-1 systems are more expensive and may not be an economical option. Soil Services can provide additional information regarding these system types if requested. Areas with potentially suitable soils are shown on the attached soil/site evaluation map. The diagonally hatched unit represents areas with at least 24 to 48 inches or more of potentially suitable soil. These areas are typically useable for conventional, modified conventional, innovative, and/or low pressure pipe (LPP) systems. The cross hatched unit represents areas with at least 24 inches or more of potentially suitable soil. These areas are typically useable for innovative, alternative and/or low pressure pipe (LPP) systems. The brick hatched unit represents areas that may be suitable if existing structures/impact are removed and the underlying soil is not impacted. The "LTN"unit represents areas with less than 24 inches of potentially suitable soil. These areas are typically considered unsuitable for conventional system types. As mentioned above, these areas may be suitable for alternative system types. Unit "NE" represents areas not evaluated due to vegetation thickness or existing structures (barn, workshop, gazebo, deck, etc). Site planning should allow for adequate suitable soil for the septic system and repair. Septic areas should be unaffected by all site elements (house, driveway, garage, well, deck, etc.), setbacks from those site elements, and land disturbing practices (heavy traffic, mechanical clearing, excavation, etc). The local County and/or State regulating agencies will ultimately designate the septic system and repair areas to be permitted. If these areas are compromised during the permitting process, then they may be deemed inadequate or unsuitable for final permitting. All septic areas should be properly protected and remain undisturbed unless approval is first obtained from the local County and/or State authorities. General Considerations The utility of potentially useable soils depends on the size and configuration of the useable soil area and the orientation of the wastewater system within that area. The wastewater disposal lines are to be on contour(i.e. uniform elevation throughout a single disposal line). Therefore, topographical irregularities can increase the area needed for a given wastewater disposal system. The size of a wastewater treatment system is based on the design flow for a specific use(120 gallons per bedroom per day for single family residential dwellings) and the long-term acceptance rate (LTAR) assigned to the site. The LTAR is based on the soil characteristics (texture, structure,porosity, mineralogy, etc.) and site conditions found at the time of the evaluation. Setbacks from wells,property lines, top of embankment, basement, etc. should also be considered (refer to 15A NCAC 18A .1950 as attached). A field layout of the system and repair can be used to determine whether a useable soil area(s) can potentially support a proposed use (such as a four-bedroom residence). The system type along with the factors discussed above can also affect the size of the wastewater disposal field. A four-bedroom, single-family residence with a design flow of 480 gallons per day (120 gallons per bedroom per day)requires 12,000 to 16,000 square feet of useable soil area or 1,350 to 1,6001inear feet of conventional drain line(system and repair) or 1,280 to 2,000 linear feet of low pressure pipe (LPP) drain line (system and repair). Estimates reference the "Laws and Rules for Sewage Treatment and Disposal Systems" and are based on an LTAR range of 0.25 to 030 gallons per day per square foot(gpd/ft�) for conventional and modified conventional drain line and 0.10 to 0.15 gpd/ft�for LPP drain line. Actual drain field may require more area and/or 2of5 Soil Services,PLLC Proj ect No. 1 ll 6-1 linear footage of drain line depending upon site conditions. The final LTAR is assigned to a site/lot by the Orange Environmental Health Department after their detailed site evaluation. Conclusion This report discusses potentially suitable/useable soil areas found on this site and does not guarantee or imply any approval or permit will be given by local, County and/or State governing agencies. Soil Services specializes in the evaluation of soils for the purpose of wastewater treatment/disposal systems as well as the layout and design of such systems. Soil Services is contracted for its professional opinion and cannot ensure the client will obtain any or all of the permit or approval s needed from the local, County and/or State governing agencies. Anyone making financial investments/commitments should be fully aware of all permit requirements for this tract prior to final dedication. Each lot requires a septic permit prior to obtaining a building permit. The County Health Department will conduct a detailed site evaluation for each lot to determine the location of site elements as well as septic system and repair type and location. After the detailed site evaluation is complete, the County Health Department will make a final determination. Soil Services can assist you in the field layout of the wastewater treatment system, subdivision recordation, and/or the individual permitting process if requested. Soil Services, PLLC would be pleased to assist you in any future site analysis needs. Please contact Sarah L Wheeler at (919) 745-1928 with any requests, questions or concerns. Sincerely, Soil Services, PLLC Sarah L Wheeler, LSS NC License No. 1304 Attachments: - Site Analysis Summary - Soil Profile Description(s) - Detailed Soil/Site Evaluation Map 3 of 5 Soil Services,PLLC Proj ect No. 1 ll 6-1 SoiUSite Evaluation Summarv 15A NCAC 18A 1940 Slope: ❑ <15% (S) � 15% - 30% (PS) ❑ >30% (U) ❑Gullies/Ravines (U) ❑ Depression (U) 1941 (1) Texture Group: Group I(S): ❑ Sand ❑ Loamy Sand Group II(S): ❑ Sandy Loam ❑ Loam Group III(PS): ❑ Silt ❑ Silt Loam ❑ Sandy Clay Loam ❑Clay Loam ❑ Silty Clay Loam Group N(PS): ❑ Sandy Clay ❑Silty Clay � Clay (2) Structure: ❑ Crumb/Granular (S) � Block Like(PS) ❑ Platy (U) ❑ Prismatic (U) ❑ Single Grain (S) ❑ Massive (U) (3) Clay Mieralogy: ❑Slightly Expansive (PS) ❑Expansive (U) 1942 Depth to Soil Wetness (Chroma 2 Indicator): ❑ >4s�� �s) � 36��—4s�� �PS) ❑ <36�� �u) 1943 Soil Depth (to rock, saprolite or parent material): ❑ >4s�� �s) � 36��—4s�� �PS) ❑ <36�� �u) 1944 Restrictive Horizon (3" thick or more): ❑ >4s�� �s) � 36��—4s�� �PS) ❑ <36�� �u) 1945 Available Space (only if layout has been done): System and Repair Available? ❑ Yes ❑ No � NA 1947 Overall Site Suitability: ❑ S � PS ❑ U 4of5 Soil Services,PLLC Proj ect No. 1 ll 6-1 1950 Location of Sanitary Sewage Systems (c)Every sanitary sewage treatment and disposal system shall be located at least the minimum horizontal distance from the following: (1) any private water supply source including a well or spring 100 feet (2) any public water supply source 100 feet (3) streams classified as WS-I 100 feet (4) water classified as S.A. 100 feet from mean high water mark (5) Other coastal waters 50 feet from mean high water mark (6) any other stream,canal,marsh,or other surface waters 50 feet (7) any Class I or Class II reservoir 100 feet from normal pool elevation (8) any permanent storm water retention pond 50 feet from flood pool elevation (9) any other lake or pond 50 feet from normal pool elevation (10)any building foundation 5 feet (11)any basement 15 feet (12)any property line 10 feet (13)top of slope of embankiiients or cuts of 2 feet or more (A) vertical height 15 feet (14)any water line 10 feet (15)drainage systems: (A) Interceptor drains,foundation drains and storm water diversions i. upslope 10 feet ii. sideslope 15 feet iii. downslope 25 feet (B) Groundwater lowering ditched and devices 25 feet (16)any swimming pool 15 feet (17)any other nitrification field(except repair area) 20 feet (A) Ground absorption,sewage treatment and disposal systems may be located closer than 100 feet from a private well supply,except springs and uncased wells located downslope and used as a source of drinking water,repairs,space limitations and other site-plam�ing considerations but shall be located the maYimum feasible distance and,in no case,less than 50 feet. (B) Nitrification fields and repair areas shall not be located under paved areas or areas subject to vehicular traffic. If effluent is to be conveyed under areas subject to vehicular traffic, ductile iron or its equivalent pipe shall be used. However,pipe specified in Rule 1955 (e)may be used if a minimum of 30 inches of compacted cover is provided over the pipe. Note: Systems over 3000 GPD or an individual nitrification fields with a capacity of 1500 GPD or more have more restrictive setback requirements,see 1950(a)(17)(d)for specifics. 5 of 5 Georqeville Soil Profile Description HORIZON DEPTH (in) MATRIX COLOR MOTTLE COLOR TEXTURE STRUCTURE MUNSELL MUNSELL A 0-4 10 YR 4/4 - SiL WK M SBK E 4-6 10 YR 5/4 - SiL WK M SBK Bt1 6-10 5 YR 5/6 - SiCL WK F SBK Bt2 10-28 2.5 YR 4/8 - C MO F SBK Bt3 28-41 2.5 YR 4/6 7.5 YR 5/8 C MO F-M SBK Bt4 41+ 2.5 YR 4/6 10 YR 5/6 SiCL MO C SBK 10 YR 6/8 Notes: 1) Soil similar to the Georgeville Soil Series. 2) Soil described from auger boring. Herndon Soil Profile Description HORIZON DEPTH (in) MATRIX COLOR MOTTLE COLOR TEXTURE STRUCTURE MUNSELL MUNSELL A 0-3 2.5 Y 3/2 - SiL WK F GR E 3-9 5 Y 6/4 - SiL WK F GR BE 9-14 2.5 Y 7/4 2.5 Y 7/4 SiCL MO F-M SBK Bt1 14-25 10 YR 5/8 2.5 Y 6/8 SiC MO M SBK Bt2 25-39 7.5 YR 5/6 5 YR 6/8 C MO M SBK 10 YR 6/6 10 YR 7/3 Bt3 39-48 7.5 YR 7/8 5 YR 5/8 SiCL MO F-M SBK 5 Y 6/8 7.5 YR 5/8 Notes: 1) Soil similar to the Herndon Soil Series. 2) Soil described from auger boring. Enon Soil Profile Description HORIZON DEPTH (in) MATRIX COLOR MOTTLE COLOR TEXTURE STRUCTURE MUNSELL MUNSELL A 0-3 10 YR 4/2 FSL WK M GR E 3-8 10 YR 5/4 FSL WK M GR BE 8-11 2.5 Y 5/4 SCL WK M SBK Bt1 11-21 10 YR 5/8 C PR/Mo M ABK Bt2 21-33 10 YR 5/8 C MO M ABK 10 YR 6/8 C 33+ 10 YR 2/1 L MA 5 GY 4/1 Notes: 1) Soil similar to the Enon Soil Series. 2) Soil described from auger boring. -----3-�-- --- UN � UN � � ' NORTH U N ����_� ' / _ar ,�� UN � UN UN / � DEfA1LED50N5REEVALVATION SURABLE SOILARFIS WERE Fll.GGED WffH �'� OPANGE FLAGGING TME AND LOUTED WRHAGPSRECENER EVALUAiION l / ! ' ' j / SURABLEFORPRELIMINAR7PLANNING �.i PURPOSESONLY.THESREWILLREQUIRE APPROVAL 8Y THE COUNTY HEALTH DEPARTMEN"f ON A CASE BY CASE BASIS t�/ U N � THISMAPSHWLDBEUSEDASAGENERAL .� GUIDE,SOME AD USfT1EM5 WILL BE NECESSA0.Y IN 7HE FIEtD DUE TO SOIL ��// � VARUBLIL(TY AND TOPOGRAPHIC ��/ / IRAEGUIrRii'IES. � THIS MAP ONLY REFLECfS WSTING SOIL SUITABIRY FOR ON-SITE SEPIIC SYS7EM5. � OiHER CONSIDERAilONS AFFECTING SfTE � � / U N SURABLlLiYSHOULDeEACCOUNTEDiOR � � DURING SRE PUNNING SUCH AS: '', "/ u I)IO'SEfE4CK FROM PROPEIRY II / 2)IS'SEf6ACKFROMA2FOOTCUTBANK / � 3)I00'SEfHACKFROMANYWELL I�� � U N '"TMISISNOTASURVtY" � j� / � �� / I Ii _l ' UN ' / �. / i ' :, �/ , / � �,�, / � � < / NE i / / / � __ o / / �� � � � � ' /� i N , /,� , / � % �/ , , //// ��::. � �.:, LEGEND � P����.re�a�.,ea��ao>�.���,a�.., o,�a a.,,��z4e�o�����.,e. ',X e n U:.�a o a,�M.,o, /� O�K%rzlem�,ia�cl Areod��'pp u,rt0.�'i9�arez � �� ��v OOtEMULLViolal aaa���PP �O.e}ti,.�aE(S)WE REUOVED'1o�ve 1��ncn..or .'� a61e�m ci(ciq�rn�e)a duFwoiew�eii tx UN e�<,a:��a�a.«o ��e� .,��.�,�o�a,�,o�.so, o. r ,�, �. ,' f�E N��:..��.,,�a,,.o��o,.,e�.�o�.,, 9„����,� . ,. P�.o�..,.�,. ,oa���,00,�,o�,,.�, ry ,�..�e�k -_ � MT. SINAI PROPERTY aORANGE CO., Nc SOIL SERVICES,PLLC , " _ ..'rW. DRAFT SOIL MAP �DAVID WEEKLEY °^ti=:�°=�°•�°_�����^=>>NSe==� � HOMES, INC. SOIL SERVICES, PLLC PO BOX 91 I 15 •a RALEIGH, NC•a 27675 June 4, 2012 Project No. 1116-1 David Weekley Homes Attn: Jeff Akin 15401 Weston Parkway, Ste. 175 Cary, NC 27513 RE: DETAILED WETLAND DELINEATION& ORANGE COUNTY STREAM BUFFER EVALUATION Mount Sinai Tract(Approx. 67 Acres) Mount Sinai Road, Orange County PIN No. 9881-15-7138 Dear Mr. Akin: On Apri125, 2012, Soil Services, PLLC completes a Detailed Wetland Delineation and Orange County Stream Buffer Evaluation on the Mt. Sinai tract located at 2301 Mount Sinai Road. Exhibit 1 and Exhibit 2 identify the property on the most recent USGS Topographic Map and NRCS Orange County Soil Survey. Surface waters shown on either exhibit are potentially subject to Federal, State and Local regulation. PROCEDURES During the evaluation, Soil Services traversed the site establishing areas meeting the criteria for a jurisdictional wetland/waters based on the procedures set forth in the US Armv Corps of En�ineers (USACE) Wetlands Delineation Manual (Januarv 1987—Final Report�. Areas with the presence of hydric soils, wetland hydrology and hydrophytic vegetation were flagged and sequentially labeled. Other jurisdictional (surface)waters such as streams, lakes and ponds were also identified and are subject to regulation by the USACE. The NC Division of Water Quality (DWQ) also regulates surface waters that appear on the USGS Topographic Map and/or the NRCS County Soil Survey. Some watersheds, such as the Neuse and Tar-Pamlico, have additional riparian buffer requirements restricting uses directly adjacent to these waters. Surface waters were flagged and sequentially labels using DWQ field techniques. See the Results and Regulations sections for detailed information. Phone: (919) 745-1928 www.SoilServices.org Fax: (919) 251-9053 Soil Services,PLLC Proj ect No. 1 ll 6-1 RESULTS Soil Services identified 1 stream(s) and 0.045 acres of wetland(s) generally account for the jurisdictional waters present on this site. The Delineation Map (Exhibit 3)illustrates the features found during our delineation. Please refer to Regulations sections for additional information. Jurisdictional Waters and Wetlands The jurisdictional waters and corresponding flag labels are found on Exhibit 3. The DWQ and USACE stream forms were completed for the feature (Exhibits 4 & 5). The surface waters subject to regulations are: - Feature A —Unnamed Tributary to Field Creek The feature flows in to Field Creek in the Cape Fear River Basin, which is classified by DWQ as NSW. An *Orange County Meeting� A field determination by Orange County was held on June l, 2012 with Wesley Poole of Orange County and Sarah Wheeler of Soil Services. Orange County determined Feature A were subject to the Orange County Buffer Rules. Flag Al (off site)is the midstream of the intermittent stream and extends on to the project site stopping at Flag AS then starts again at Flag A 12 and continues off property. Therefore, a 65-foot riparian buffer starts off property and continues downstream to Flag AS then starts again at Flag Al2 and continues downstream off property. A 65-foot buffer is also required for the 0.045-acre wetlands that extend off of the southern end of Flag A5. The section of Feature A represented by flags AS-Al2 was found to be an ephemeral drain and not subject to the Buffer Rules. The Orange County determination letter will be sent as soon as Orange County issues it. *USACE Meeting� A field determination was made by the USACE Local Office on Apri126, 2012. Feature A was determined to be a relatively permanent water that does exhibit important aquatic function. Impacts to this area should be in accordance with the appropriate USACE permitting requirements. Wetlands found on site were determined to be emergent type wetlands. Data forms describing the characteristics of the wetland and upland areas can be found in Exhibit 6. There are approximately 0.045 acres of wetlands represented by flags W 1-W 12. The wetlands do not appear to be isolated and are regulated by the USACE and/or DWQ. Orange County Stream Buffers The surface waters on site potentially subject to the Jordan Lake Watershed Rules and Orange County stream buffer regulations include feature A. Soil Services believes only Feature A will be considered subject by Orange County. A site meeting with the Orange County representative was help on June l, 2012 and the buffer width was determined to be 65' along the identified intermittent/perennial streams as well as the adjacent wetlands. This site falls within the Unprotected Jordan Lake Watershed. Also,please refer to the Jordan Lake Watershed Protection Overlays sections below for further details. 2 of 4 Soil Services,PLLC Proj ect No. 1 ll 6-1 Local Orange County stream buffer regulations will apply. A brief description of these buffers can be found in the Regulations section. The project engineer or planner should provide input of the application of these regulations to the site plan during design and review. Soil Services can provide reference information and feedback to your engineer regarding stream features observed on-site as needed to determine the appropriate buffer widths and locations as mandated by local authorities. REGULATIONS Regulations that apply to this site are listed below. In the instance of overlapping jurisdiction, the most stringent rules apply in most cases. Soil Services would be happy to discuss how these regulations apply to this project. Orange County Buffers A minimum fifty (50) foot vegetative buffer for development activities is required along all perennial and intermittent waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps, shown as a water feature on the USDA-NRCS Orange County Soil Survey or as determined by local government studies. Method A of the Orange County Unified Development Ordinance determines buffer width by the following: Depending on watershed slope value, an additional 15 or 30 foot buffer will be added to perennial and intermittent streams with less than 7.5% slope or more than 7.5% slope, respectively. Slope value is determined by measuring the average slope across 250-foot perpendicular transects along a 200-foot reach of stream. Method B uses the slope value as well as the groundcover type to determine the required buffer setbacks. This method can be found in the Orange County UDO Table 6.133.D. Wetland Permitting Please note that new Nationwide Permits were issued by the USACE on March 19, 2012. The USACE Wilmington District issued revised Regional Conditions for the 2007 Nationwide Permits on June 5, 2007. Therefore, the USACE may once again review requests for impacts to jurisdictional waters. Due to the complexity of these revisions, we recommend you forward a conceptual site plan to our office for review by one of our permitting specialist, who can best advise you of the specific permitting needs as you progress through the planning process. Generally, wetland impact permits are issued on a per-project basis as determined by the USACE. The USACE has determined that impacts on parcels sub-divided from larger tracts are sometimes considered to be cumulative to existing impacts for the large tract. If this is the case, then thresholds for notification may not apply to your project and impacts to streams/wetlands must be considered in light of existing permits. 3 of 4 Soil Services,PLLC Proj ect No. 1 ll 6-1 CONCLUSION The wetland delineation and stream buffer evaluation for the Mount Sinai Tract was completed by Soil Services on June l, 2012. This site contains jurisdictional streams and wetland areas that that may require preconstruction authorization for impacts, depending on the size and nature of the impact (i.e. road construction, lot fill, stormwater pond construction, etc.). USACE and NC DWQ verification of our site assessment should be obtained. Following verification meetings with regulatory agencies, the next step in the stream and wetland identification and permitting process is to obtain a field survey of our delineation for formal approval by the USACE. Upon completing the survey, these site constraints may then be integrated into planning for property development. Sincerely, Sarah Ilene Wheeler, LSS Soil Services, PLLC Exhibits: 1) USGS Topographic Quad 2) NRCS Soil Survey 3) Wetland Sketch Map 4) DWQ Stream Forms 5) USACE Stream Forms 6) Data Forms 7) USACE Determination Letter 8) Orange County Evaluation Letter(to come at a later date) 4of4 � D f �Y� i � � �A/ / T/ f /' � i i, /I"��� i a il� i ! /� ll re / , ir � ���°I/ 1�, � � ' �t'j �/�%��� ,�� i �� �� % ( 1 /��!%�`' i„' is� l i' d„ 1 �i �i /�// %, r`,,, '� r ! �/' ���i�i fG i ��y�i/�l �� f �l�t}�J����J�i��x� �� ��r�ii r��� ���� (.%, �/(' � �/ ¢ �� ����//��/� � p��,// ,�i���,,� , i � i ,��r� Jt �"+-i „�g4u, ', �� �� y� h�"y� , �i ' ��;'�u '�i ;' I V,� � �. I� i J � � i� rr�. 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':� �„ � ��,���1� �..�/%� a, i ������ „�.�' i � ��� � /ji u ' ✓ p���tl� � t e /� �%/� � p � � � , ,ii �ii ` �� /i > >� � � r ,�ll ' 1 l // ' ii . �i�� d �i;! � �'4��� ��Y i � �� /�{� � ��1 i '�, //„ ����1� 1 � ��fii i I A �� I i l i / / r � J � ���� /� �/� /i�%% /� � //i // '�IN�� „i ��� / i / �/� yl� ri�����, ,� � / o � %J, �/� r �i k ;,i r r j` �?�� i + ¢' ��( � � .yrA, �i�l ��� / f ,�� � f�/ i � ,,� . � yr/� � � N� i� ��'i � , � � � � �"� � ��� � � r� ,� � ' �� i % � )I � ,�,� I , Y i. �l i�l f i �l �,., ���i�y i r )�; � � G' J, G�� �/ ��/�' i j�i � /�" � , �i . i %,�l" / ;, � � � i 1 � �� .n �� � � 1� �;y t����,�' i �,y✓, � �i �a�� i%" / �j/ �u, 0 ,i��' � !� //� f;,., i 5�'`Y%, �� �� �i� � ��% % i / � f � � ��;' � �%i%i rl a i/ � � � ,� / r r�i o '��%i / i ir� i„�.� �� ��, � / � ? �� '/,�� � /j ,, %% ; � � , 9 ?%l� %,: /���i;%'/ �rl�, �' � � � � "��'i�� � 1 io i,,,/ir ��p, � r �i��; i/ �y'i, i,/, ��/ifr, 'ii r,' f��%i r" =;i l � �%/g `� i 1' �' ' A� I i �� i� o � y y' r,� /f � 1��,� 4° a �I 1�� 7 � �f�l���`„�� !� �� � ��,'�� ^���. �' �����j�, V ' �p1����� � ��r d 1 � �///l o/ � ���� p iG�� ,, '0 i ��, c/ �� � � i, ,� �- � �� �. ���� i1���" � � �' � ,��U ����� � � i �- , � ������ ��/ ��, � �� ,� l 1��tr ��%�% ��, � i � �/ !�l'i"�i, � � �iir u! ����i���� % � / !�� i / ���. i�. � ��� � ���i / �/��/��j J; � r '�� ,��r.f. f -f / i�� � �i r� %lY� � li/ � �� // / 1 � J/ �'f/l �1�r l i� l � �%ll X : (�jy, ,�� � ��� �' �, /'% , " ;� ;�����/ f/l ' iii� %�i ���i � ; ! �! � � �� � � �' � �� y�� �� l �i�l � �� '//i' 1 � �/ �7i � �� / 11 �t l/ �F i r , i ��' ( � �i� f ����/ �� � i , i J i' �1����/9 , � y �" � �� l�'J„� I � ' �� /i �����// �y i � �� ' 0 . i i �/ Pr��jf/� j l r'� /iDS4y� ��; �i �i��i i � ��- /. � )�y. d� Iy�/f �) ,��a� l J q� . � " �,� pr .. � �`Mr�'�� . . i l�'�. � l I /��� i i�!� ���I ij '� /� � `� f V f �f i�J �� e ii� �(�!/ 9i �� �,. . Il i%��j�, r� i^� �/ ,l�r (�� yl f; �;� � '�% ��`���r�/�i� i� y���� t��i/ri/l � � ,, �,,, fr� �r,� �, �/ ro�� � '� i r�` �'� ) �i�i%� �irii�ri . i � . . ,�r , , � �„ � / i frf%�/%� � � f � � �����%� y '. � ��1�!yi r �� � �'i�, ��. I������,////������� , � � �� ii t�!�ti � � . ��� �>. O,. ,� � i �� / �?r fi /i ii� �)�� i , �/ lir � � l�l� � �� ��i/ �//(/�i?� ��l %�� "�i/i! �� ��� � f� �;.. ��„ �i i � ����„�� .,� � �i�� �����l��i� i� f� r��� ��'/�/�irr^ � i1 illJ � pi �' /� 1 �r%i. �������ii i °�(� � i /rl/1i� " , � ,�,. ..i r��� �� y A ��� �( ����f( /�/ �"j f���}��1�i/i��' �i»�. ' � � I�%I��i i f i r ���/� � � r,,7r � f�f���%�f '��i�i � l%��,i f ��i r� �1�� ?���;�y� ` si a��g��f r% � '' „ 1r1� �(" ,,�,�; � , , � i � N i �,%, i NORTH $heet Title: Project No.: III6-I FIGURE I: NRCS SOIL SURVEY Manager: Drawn: S O I L S E RV I C E S, P L L C Project Scale sW Field Work: 3220 PURNELL ROAD, WAKE FOREST, NC 27587 MT. SI NAI RD I":1667' Syy OFFICE:(919)745-1928 FAX:(919)554-1869 Sheec No.: W W W.SOI LSERVI CES.ORG �ocacioo: Clienc P.35 ORANGE CO.,NC DAVID WEEKLEY I Of I HOMES INC. � P �r'f f s' \ , � � ���� ``� `��, A <� �(1� ( J �, � i � � �� � - ,� �J, �_/�'� ,�-r�'f11`�;�,.�`*� �,��,:J�-r� lti �r ►� '� ; (`� '`� r` —'�' ��� � ��� a � � 1 � ,7 f ^•. j , , 'J � `\' �.. �y/ f � Cf�il f ��`�� R�-�j�� �� �^�� ����`�.-�l��'�,), __ ,'��y\ ���'� �� r I ' f ��\�:_ ��`l ;l�, r��� �'' . �) �ff_ � ���,3J �� '1�� ��4 ` 1►+�� ( J'', `?��� '�� t'� `�.,.� .rJ�, �( ,ti / � '�v/ i 4,71lZ�tv�FtK{ ��,� ��,!�r- 'y 'w .`-�+ _J '��'' - , ����t� �,__. '/ •�/r l�-�_.� � ��� . ' l', . 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C) A ���'�,�.79 � � t^ �� � � � � ��iI � '�c���f r `11 � \ N. f. � [ I � 1/ � / �`'� /����y^�ti� %�1 � Jf � �,.• .y �`�..,� ��� �� V J �� 4 � � �� i . %. � �� � _ � ''i�J� ,/ `� 'D ��. �J }''o \� f� � - t" � / / �� r ��� -- o �•i• �� �J� - � �'����` � 1725: ti _ �--� � �� � . . � � ,_ r_.� � " - ��' r ' �' �� �` � ,b� ° 1 �� ,� � � ` �--�' �'J L` �� ' ` � 1 �- _ { r, _ _ �� : ;: ,, �/ � �t,], � � �� ��Q � �` �� V� ���� � � � ti°� /jf � � �_' � .�� r i,--�i � -- �' N -:` O � � �� � � ���� � l .. / \ � ` I ) 1 I♦ � I '�. '� 7 � ` J f: } � �-, � � �l N i� f �. I ` %� � Cp � i NORTH Sheet Tide: Projecc No.: I I 16d � SOIL SERVICES PLLC FIGURE 2: USGS TOPO MAP M°�a%e�: °'�'"" sW sW � Pro�ecc Scale: Field Work: 3220 PURNELL ROAD, WAKE FOREST, NC 27587 MT. SI NAi RD I":166T SW OFFICE:(919)745-1928 FAX:(919)554-1869 snee�No.: ' V�M/W.SOILSERVICES.ORG Locacion: Clienc CHAPEL HILL QUAD DAVID WEEKLEY I Of I HOMES,INC. i � ���3 43 �, _ ..� _ � dY�2c3 �1 e i � bvl6 1 � �0 dv15 � d ` a6 5 �36 " Bc2s�op 0 0l0 dock NORTH 6 � 6ock 8 SCALE I " = 60' �° a4�o���� �o�„e� 60 30 0 60 �6 3`=° __ ���3 ��� 6ock 4 \ �dcopinc cZ BQsrop dvell d2 ao PRELIMINARY WETLAND APPROXIMATION a3� SUITABLE FOR PRELIMINARY PLANNING PURPOSES ONLY �°`""e` �6 0/ S&EC RESERVES THE RIGHT TO MODIFY THIS MAP BASED ON MORE FIELDWORK,SURVEYED DELINEATIONS AND ANY OTHER ADDITIO L INFORMATION.APPROXIMATIONS WERE MAPPED USING TOPOGRAPHIC MA ND �,-�P GROUNDTRUTHING.IF THESE AREAS ARE TO BE USED,THEY MUST BE APPROV ¢9c2s y w�z AND PERMITTED BY THE US ARMY CORPS OF ENGINEERS AND NCDWQ. ��NOT A SURVEY. ��1c3 \ LEGEND d2� �:��i�64scinc �6 ... .`,,���b .\ �\ �\ WATERS OF THE U.S.REGULATED BY USACE POTENTIALLY SUBJECT �.� = TO THE ORANGE COUNTY BUFFER RULES �.'yisb __-. [i.e., perennial or incermittent stream;must be confirmed by NCDWQ&USACE] ,��5a�� � 6b \ ���$��186 � " = WATERS OF THE U.S.NOT REGULATED BY ORANGE COUNTY 1�� AND NOT SUBJECT TO THE ORANGE COUNTY BUFFER RULES � � [i.e., ephemeral scream;muse be confirmed by USACE&ORANGE COUNTY] 19 196 b � `-.�ao�a �i';���j _ JURISDICTIONAL WETLANDS/LINEAR WETLANDS "�21c4 <�/�i���\� [must be confirmed by the USACE&ORANGE COUNTY] � 2c4 2cta �23 Sheec Ticle: Projecc No.: I I 16-I WETLAND SKETCH MAP P�°;eC °`�'"" SOIL SERVICES PLLC Manager: =W s�„ 1 Projece Scale: Field Worlc 3220 PURNELL ROAD, WAKE FOREST, NC 27587 MT. SI NAI RD I":1667� SW OFFICE:(919)745-1928 FAX:(919)554-1869 Sheec No.: W W W.SOI LSE RVI CES.O RG �ocatioo: eGe�r. ORANGE CO., NC flAVID WEEKLEY I O{ I HOMES, INC. � 44 ' NC Division of Water Quality-Methodology for ldenfiification of Intermittent and Perennial Streams and Their 4rigins v.4.11 ', � NC DWQ Stream Identification Form Version 4.11 I�' Date: 4-2 5-12 ProjectlSite: MT S I NAI RD �at�tude: 3 5 . 9 8 8 7 8 Evatuator: SARAH WHEELER County: ORANGE L.ongitude: -79 . 063993 �i � Total Points: Stream Determinatian(circle one) Other CHAPEL HILL Stream is atleast intermittent 2 6 .5 Ephemeral Intermittent Perennial e.g.Quad Name: if Z 19 or erennial if z 30' A. Geomor holo (Subtotal= 15 Absent Weak Maderate Strang 1 a Continuity of channel bed and bank 4 1 --_.2_.� 3 � 2.Sinuosity of channel aiong thalweg 0 1 2 3 ', 3. In-ehannel structure:ex.riffle-pool, step-pool, 0 1 �� 3 ' ri le- ooi se uence ' 4,Particle size oF stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 '� 6.Depositional bars or benches 0 1 2 3 I 7.Recent alluvial dsposits 0 1 2 3 ' 8. Headcuts 0 1 2 3 9.Grade cantrol 0 0.5 1 1.5 10.Natural valley 0 0:5 1.5 , 'f 1.Second or greater order channet o=0 Yes=3 . artificial ditches are not rated;see discussions in manual B. H drolo Subtotal= 7 • 5 �I 12.Presence of Baseflow 0 � 2 3 13.Iron oxidizing bacteria 0 2 3 i 14.Leaf litter 1.5 0.5 0 '� 15. Sediment on plants or debris 0 0.5 1 1.5 I 16.Organic debris li�es or piles 0 0.5 1 1,5 ', 17.Soil-based evidence of high water tabfe? No=0 es= C. Biola Subtotal= 4 18.Fibrous roots in streambed 3 2 1 0 ' 19. Rooted upland plants in streambed 3 2 1 0 ' 2Q. Macrobenthos(note diversity and abundance} 0 1 2 3 21.Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23.Crayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Atgae 0 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL=1.5 Q er= `perenniaf streams may also 6e ldentified using other methods.See p.35 af manual. Notes Sketch: 41 I 45 NC Division of Water Quality-Metht�do{ogy for ldentification of Intermittent and Perennial Streams and Their Origins v.4.11 NC DWQ Stream Identification Form Version 4.11 Date: 4-2 5-12 ProjecfilSite: MT S INAI RD Latitude: 3 5 . 9 8 6 5 5 Evaluator: SARAH WHEELER Gounty: ORANGE Longitude: -7 9 . 0 6 2 2 9 0 Total Points: SUeam Determination(circle one} Other CHAPEL HILL 5tream is at/east intermittent 2 6 . 5 Ephemeral Intermittent Perennial e.g.Quad Name: if a 19 or erennial if a 30" A. Geomo holo (Subtotal= 15 Absent Weak Moderate Stro�g 1a�Continuity qf channel bed and bank � 1 3 2.Sinuosity of channel alang thaiweg 0 1 2 3 3. In-channel structure:ex.riffle-pool, step-pool, p 1 O 3 ri le- ool se uence 4. Particle size of stream substrate 0 1 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7.Recent alluvial deposits 0 � 1 2 3 8. Headcuts 0 1 2 3� 9. Grade control 0 0_5 1 1.5 10.Natural valley 0 0.5 1,5 11.Second or greater order channet o=0 Yes=3 artificial ditches are not rated;see discussions in manual B. H drola Subtotai= 7 • 5 12.Presence of Baseflow 0 O1 2 3 13.Iron oxidizing bacteria 0 2 3 14. Leaf litter 1.5 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16.Qrganic debris lines ar piles 0 0.5 t 1.5 17.8oil-based evidence of high water table? No=0 es= C. Biolo Subtotal= 18.Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20.Macrobenthos(note diversity and atrundance) 0 1 2 3 21.Aquatic Molfusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23.Grayfish 0 0.5 1 1.5 24.Amphibians 0 0.5 1 1.5 25.Algae 0 0.5 1 1,5 26.Wetland plants in streambed FACW=0.75; OBL=1.5 O er= 'perennial streams may also be Identifled using other methods.See p.35 af manual. Notes: Sketch: A1 SACE AID# DWQ# Site# (indicate on attached map) ( • _�l ;,�,; STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1.Applicant's name: JJC Farms 2.Evaluator's name: SARAH WHEELER 3.Date of evaluation: 4-2 5-12 4.Time of evaluation: 12 : 0 0 5.Name of stream: UT 6.River basin: Cape Fear ', 7.Approximate drainage area: 6 0 ac 8. Stream order: 1 st �! 9.Length of reach evaluated: 3 0 f t 10.County: Orange !i 11. Site coordinates(if known): prefer in decimal degrees. 12. Subdivision name(if any): Latitude(ex.34.872312): Longihide(ex.—77.556611): ', Method location determined(circle): GPS Topo Sheet Ortho(Aerial)Photo/GIS Other GIS Other 13.Location of reach under evaluation(note nearby roads and landmarks and attach map identifying stream(s)location): Near flags a - A2 14.Proposed channel work(if any): 15.Recentweatherconditions: Rain within past 24 hrs 16. Site conditions at time of visit: Normal � 17.Identify any special waterway classifications known: Section 10 Tidal Waters Essential Fisheries Habitat _Trout Waters �Outstanding Resource Waters _Nutrient Sensitive Waters _Water Supply Watershed (I-IV) 18.Is there a pond ar lake located upstream of the evaluation point? YES NO If yes,estimate the water surface area: 19.Does channel appear on USGS quad map? YES NO 20.Does channel appear on USDA Soil Survey? YES NO 21.Estimated watershed land use: _%Residential _%Commercial _%Industrial 8 0 %Agricultural 2 0 %Forested %Cleared/Logged _%Other( ) 22.Bankfull width: 3 f t 23.Bank height(from bed to top of bank): 1 f t 24.Channel slope down center of streain: X Flat(0 to 2%) _Gentle(2 to 4%) _Moderate(4 to 10%) _Steep(>10%) � 25.Channel sinuosity: Straight x Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on (ocation, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scaring box and provide an explanation in the comment section. Where there are obvious,changes in the character of a stream under review (e.g.,the stream flows from a pasture into a forest),the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. � Total Score (from reverse): 4 8 Comments: Evaluator's Signature Date 4-2 5-12 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this fo►•m is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change-version 06/03. To Comment,please ca11919-876-8441 x 26. 1 STREAM QUALITY ASSESSMENT WORKSHEET 'r 'r 'r � � I?resence�f t��w/p�rsistent pc��is iri strea� 1 � 0—S � 0-4 � (l��5 2 rtc��c�iv�x satura�crr�=4;strc� �c�w=tn� aints ��idence�aPpast�hu�an al"t�i�ativn � � , . � 0-6 0—S � (l��5 p ��t�rts�u�alt�raticrr��(3;r������ati�n=tn� �a�s it�parian z�ne 3 3 � � � 0-6 0-4 � (l��5 r�buf��r=(�;cot�ti ui�us;tivid�buf��r=m� �a�s �E�idence�aP nutr�ent c��ehe��cat d�seharges 4� , � . � 0—S � 0-4 � (l��4 � 4 �xt�ns�v�dischar �s" Notes on Characteristics Identif"ied in Assessment Worksheet 1. Consider channel flow with respect to channel cross-sectional area(expected flow),drainage area,recent precipitation,potential drought conditions,surrounding land use,possible water withdrawals,presence of impoundments upstream,vegetation growth in C11a1111e1 bottOm(as indicator of intermittent flow),etC. 2. Human-caused alterations may include relocation,channelization,excavation,riprap,gabions,culverts,levees,berms,spoil piles adjacentto channel,etc. 3. The riparian zone is the area of vegetated land along each side of a stream or river that includes,but is not limited to,the floodplain. Evaluation should consider width of riparian area with respect to floodplain width,vegetation densiry,maturity of canopy and understory,species variety,presence of undesirable invasive species(exotics), breaks(utility corridors,roads,etc.), presence of drainage tiles,logging activities,other disturbances which negatively affect function of the riparian zone. 4. Evidence of nutrient or chemical discharges includes pipes,ditches,and direct draining from commercial and industrial sites, agricultural fields,pastures,golf courses,swimming pools,roads,parking lots,etc. Sewage,chlorine,or other foul odors, discolored water,suds,excessive algal growth may also provide evidence of discharge. 5. Groundwater discharge may be indicated by persistent pools and saturated soils during dry weather conditions,presence of adjacent wetlands,seeps,and springs feeding channel,reduced soils in channel bottom. 6. Presence of floodplains may be determined by topography and the slope of the land adjacent to the stream,terracing,the extent of development within the floodplain,FEMA designation if known,etc. 7. Indicators of floodplain access include sediment deposits,wrack lines,drainage patterns in floodplain,local stream gauge data, testimony of local residents,entrenchment ratio,etc. Note that indicators may relic and not a result of regular flooding. 8. Wetland areas should be evaluated according to their location,size,qualiry,and adjacency relative to the stream channel, and may be indicated by beaver activity,impounded or regularly saturated areas near the stream,previous delineations,National Wetland InventOry maps,etC. (Wetlands must meet criteria outlined in 1987 delineation manual and are subject to USACE approval.) 9. Channel sinuosity should be evaluated with respect to the channel size and drainage area,valley slope,topography,etc. 10. To evaluate sediment deposition within the channel consider water turbidity,depth of sediment deposits forming at point bars and in pools,evidence of eroding banks or other sediment sources within watershed(construction sites,ineffective erosion controls). In rare cases,typically downstream of culverts or dams,a sediment deficit may exist and should be considered in scoring. ll. When looking at C11a1111e1 substrate,faCtor in parent material(presence of larger particles in soil horizons adjacent to the stream),average size of substrate(bedrock,clay/silt,sand,gravel,cobble,boulder,etc.),and diversity of particle slze(riprap is excluded). 12. Indications of channel incision and deepening may include a v-shaped channel bottom,collapsing banks,evidence of recent development and increased impervious surface area resulting in greater runoff in the watershed. 13. Evaluation should consider presence of major bank failures along the entire reach under evaluation,including uprooted trees on banks,banks falling into channel, formation of islands in channel as they widen,exposed soil, active zones of erosion,etc. 14. Increased root depth and density result in greater bank stability. Consider the depth and density that roots penetrate the bank relative to the amount of exposed soil on the bank and the normal water elevation. 15. Assessment of agriculture,livestock,and/or timber production impacts should address areas of stream bank destabilization, evidence of livestock in or crossing stream,loss of riparian zone to pasture or agricultural fields,evidence of sediment or high nutrient levels entering streams,drainage ditches entering streams,loss of riparian zone due to logging,etc. 16. Riffle-pool steps can be identified by a series of alternating pools and riffles. Abundance,frequency, and relative depth of riffles and pools should be considered with respect to topography(steepness of terrain)and local geology(type of substrate). Coastal plain streams should be evaluated far the presence of ripple-pool sequences.Ripples are bed forms found in sand bed streams with little or no gravel that form under low shear stress conditions,whereas,dunes and antidunes form under moderate and high shear stresses,respectively. Dunes are the most common bed forms found in sand bed streams. 17. Habitat complexity is an overall evaluation of the variery and extent of in-stream and riparian habitat. Types of habitat to look for include rocks/cobble,sticks and leafpacks,snags and logs in the stream,root mats,undercut banks,overhanging vegetation, pool and riffle complexes,wetland pockets adjacent to channel,etc. 18. Evaluation should consider the shading effect that riparian vegetation will provide to the stream during the growing season. Full sun should be considered worst case,while good canopy coverage with some light penetration is best case. 19. Stream embeddedness refers to the extent that sediment that has filled in gaps and openings around the rocks and cobble in the streambed. The overall size of the average particle in the streambed should be considered(smaller rocks will have smaller gaps). 20. Evaluation should be based on evidence of stream invertebrates gathered from multiple habitats. Scores should reflect abundanCe,t�a riChness,arld Sensltivlty Of Strealn lnvertebrate types. (see attached examples of common stream invertebrates on page 4). 21. Evaluation should include evidence of amphibians in stream channeL Tadpoles and frogs should receive minimum value,while salamanders,newts,etc.may be assigned higher value. 22. Evaluation of fish should consider the frequency and,if possible,the variety of different fish taxa observed. 23. EvaluatiOn Of w11d11fe Should 1nClude direCt ObservahOn Or evldenCe(tracks,shells,droppings,burrows or dens,hunting stands,evidence of fishing,etc.)of any animals using the streambed or riparian zone,to include snall and large mammals,rodents,birds,reptiles, insects,etc. 3 Common Stream Invertebrates Sensitive Taxa —Pollution sensitive organisms that may be found in good quality water. ��� ��,� � � � ,�� "'�,, ��,�.€9 '���`�'.�� — � °� «��:o` rv�,��'�,.��e� v � � � ��� %4 �� i Caddisfly Mayfly Stonefly Dobsonfly � � � �om �, fr � p�. , � .�, � Riffle Beetle Water Penny Gilled Snail Somewhat Tolerant Taxa —Somewhat pollution tolerant organisms that may be found in good or . �� �� � �� �.�_ ;:. l '� � Y �� ``` �! � � I�� Beetle Larva Clam Sowbug Cranefly `'` ..i' ,� r , � � �.�`� `� � `�f � .� , '� �,� � � F Crayfish Damselfly Nymph Scud Dragon Fly Nymph Tolerant Taxa —Pollution tolerant organisms that may be found in any quality water. � �r �• Blackfly Larva Leech Midge Fly Larva ,� r � ��, R ` • \ Aquatic Worm Pouch&Pond Snail 4 � USACE AID# DWQ# Site# (indicate on attached map) �� ��G� n ' STREAM QUALITY ASSESSMENT WORKSHEET _ Provide the following information for the stream reach under assessment: 1.Applicant's name: JJC Farms 2.Evaluator's name: SARAH WHEELER 3.Date of evaluation: 4-2 5-12 4.Time of evaluation: 12 : 0 0 5.Name of stream: U'I' 6.River basin: Cape Fear 7.Approximate drainage area: 6 0 ac 8. Stream order: 1 s t 9.Length of reach evaluated: 3 0 f t 10. County: Orange 11. Site coordinates(if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude(ex.34.872312): Longitude(ex.—77.556611): Method location determined(circle): GPS Topo Sheet Ortho(Aerial)Photo/GIS Other GIS Other 13.Location of reach under evaluation(note nearby roads and landmarks and attach map identifying stream(s)location): Near flags A21 14.Proposed channel work(if any): 15.Recentweatherconditions: Rain within past 24 hrs 16. Site conditions at time of visit: Normal 17.Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _Nutrient Sensitive Waters _Water Supply Watershed (I-IV) 18.Is there a pond or lake located upstream of the evaluation point? YES NO If yes,estimate the water surface area: ���, 19.Does channel appear on USGS quad map? YES NO 20.Does channel appear on USDA Soil Survey? YES NO �u„��� �,„,�,�.� 21.Estimated watershed land use: _%Residential _%Commercial _%Industrial 8 0 %Agricultural 2 0 %Forested _%Cleared/Logged _%Other( ) 22.Bankfull width: 3 f t 23.Bank height(from bed to top of bank): 1 f t 24. Channel slope down center of stream: x Flat(0 to 2%) _Gentle(2 to 4%) _Moderate (4 to 10%) _Steep(>10%) 25.Channel sinuosity: Straight x Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location,terrain,vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown far the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g.,the stream flows from a pasture into a forest),the stream may be divided into smaller reaches that display more continuiry, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 5 2 Comments: Evaluator's Signature Date 4-2 5-12 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change—version 06/03. To Comment,please ca11919-876-8441 x 26. 1 STREAM QUALITY ASSESSMENT WORKSHEET 'r 'r 'r � � I?resence�f t��w/p�rsistent pc��is iri strea� 1 � 0—S � 0-4 � (l��5 2 rtc��c�iv�x satura�crr�=4;strc� �c�w=tn� aints ��idence�aPpast�hu�an al"t�i�ativn � � , . � 0-6 0—S � (l��5 p ��t�rts�u�alt�raticrr��(3;r������ati�n=tn� �a�s it�parian z�ne 3 3 � � � 0-6 0-4 � (l��5 r�buf��r=(�;cot�ti ui�us;tivid�buf��r=m� �a�s �E�idence�aP nutr�ent c��ehe��cat d�seharges 4� , � . � 0—S � 0-4 � (l��4 � 4 �xt�ns�v�dischar �s" Notes on Characteristics Identif"ied in Assessment Worksheet 1. Consider channel flow with respect to channel cross-sectional area(expected flow),drainage area,recent precipitation,potential drought conditions,surrounding land use,possible water withdrawals,presence of impoundments upstream,vegetation growth in C11a1111e1 bottOm(as indicator of intermittent flow),etC. 2. Human-caused alterations may include relocation,channelization,excavation,riprap,gabions,culverts,levees,berms,spoil piles adjacentto channel,etc. 3. The riparian zone is the area of vegetated land along each side of a stream or river that includes,but is not limited to,the floodplain. Evaluation should consider width of riparian area with respect to floodplain width,vegetation densiry,maturity of canopy and understory,species variety,presence of undesirable invasive species(exotics), breaks(utility corridors,roads,etc.), presence of drainage tiles,logging activities,other disturbances which negatively affect function of the riparian zone. 4. Evidence of nutrient or chemical discharges includes pipes,ditches,and direct draining from commercial and industrial sites, agricultural fields,pastures,golf courses,swimming pools,roads,parking lots,etc. Sewage,chlorine,or other foul odors, discolored water,suds,excessive algal growth may also provide evidence of discharge. 5. Groundwater discharge may be indicated by persistent pools and saturated soils during dry weather conditions,presence of adjacent wetlands,seeps,and springs feeding channel,reduced soils in channel bottom. 6. Presence of floodplains may be determined by topography and the slope of the land adjacent to the stream,terracing,the extent of development within the floodplain,FEMA designation if known,etc. 7. Indicators of floodplain access include sediment deposits,wrack lines,drainage patterns in floodplain,local stream gauge data, testimony of local residents,entrenchment ratio,etc. Note that indicators may relic and not a result of regular flooding. 8. Wetland areas should be evaluated according to their location,size,qualiry,and adjacency relative to the stream channel, and may be indicated by beaver activity,impounded or regularly saturated areas near the stream,previous delineations,National Wetland InventOry maps,etC. (Wetlands must meet criteria outlined in 1987 delineation manual and are subject to USACE approval.) 9. Channel sinuosity should be evaluated with respect to the channel size and drainage area,valley slope,topography,etc. 10. To evaluate sediment deposition within the channel consider water turbidity,depth of sediment deposits forming at point bars and in pools,evidence of eroding banks or other sediment sources within watershed(construction sites,ineffective erosion controls). In rare cases,typically downstream of culverts or dams,a sediment deficit may exist and should be considered in scoring. ll. When looking at C11a1111e1 substrate,faCtor in parent material(presence of larger particles in soil horizons adjacent to the stream),average size of substrate(bedrock,clay/silt,sand,gravel,cobble,boulder,etc.),and diversity of particle slze(riprap is excluded). 12. Indications of channel incision and deepening may include a v-shaped channel bottom,collapsing banks,evidence of recent development and increased impervious surface area resulting in greater runoff in the watershed. 13. Evaluation should consider presence of major bank failures along the entire reach under evaluation,including uprooted trees on banks,banks falling into channel, formation of islands in channel as they widen,exposed soil, active zones of erosion,etc. 14. Increased root depth and density result in greater bank stability. Consider the depth and density that roots penetrate the bank relative to the amount of exposed soil on the bank and the normal water elevation. 15. Assessment of agriculture,livestock,and/or timber production impacts should address areas of stream bank destabilization, evidence of livestock in or crossing stream,loss of riparian zone to pasture or agricultural fields,evidence of sediment or high nutrient levels entering streams,drainage ditches entering streams,loss of riparian zone due to logging,etc. 16. Riffle-pool steps can be identified by a series of alternating pools and riffles. Abundance,frequency, and relative depth of riffles and pools should be considered with respect to topography(steepness of terrain)and local geology(type of substrate). Coastal plain streams should be evaluated far the presence of ripple-pool sequences.Ripples are bed forms found in sand bed streams with little or no gravel that form under low shear stress conditions,whereas,dunes and antidunes form under moderate and high shear stresses,respectively. Dunes are the most common bed forms found in sand bed streams. 17. Habitat complexity is an overall evaluation of the variery and extent of in-stream and riparian habitat. Types of habitat to look for include rocks/cobble,sticks and leafpacks,snags and logs in the stream,root mats,undercut banks,overhanging vegetation, pool and riffle complexes,wetland pockets adjacent to channel,etc. 18. Evaluation should consider the shading effect that riparian vegetation will provide to the stream during the growing season. Full sun should be considered worst case,while good canopy coverage with some light penetration is best case. 19. Stream embeddedness refers to the extent that sediment that has filled in gaps and openings around the rocks and cobble in the streambed. The overall size of the average particle in the streambed should be considered(smaller rocks will have smaller gaps). 20. Evaluation should be based on evidence of stream invertebrates gathered from multiple habitats. Scores should reflect abundanCe,t�a riChness,arld Sensltivlty Of Strealn lnvertebrate types. (see attached examples of common stream invertebrates on page 4). 21. Evaluation should include evidence of amphibians in stream channeL Tadpoles and frogs should receive minimum value,while salamanders,newts,etc.may be assigned higher value. 22. Evaluation of fish should consider the frequency and,if possible,the variety of different fish taxa observed. 23. EvaluatiOn Of w11d11fe Should 1nClude direCt ObservahOn Or evldenCe(tracks,shells,droppings,burrows or dens,hunting stands,evidence of fishing,etc.)of any animals using the streambed or riparian zone,to include snall and large mammals,rodents,birds,reptiles, insects,etc. 3 Common Stream Invertebrates Sensitive Taxa —Pollution sensitive organisms that may be found in good quality water. ��� ��,� � � � ,�� "'�,, ��,�.€9 '���`�'.�� — � °� «��:o` rv�,��'�,.��e� v � � � ��� %4 �� i Caddisfly Mayfly Stonefly Dobsonfly � � � �om �, fr � p�. , � .�, � Riffle Beetle Water Penny Gilled Snail Somewhat Tolerant Taxa —Somewhat pollution tolerant organisms that may be found in good or . �� �� � �� �.�_ ;:. l '� � Y �� ``` �! � � I�� Beetle Larva Clam Sowbug Cranefly `'` ..i' ,� r , � � �.�`� `� � `�f � .� , '� �,� � � F Crayfish Damselfly Nymph Scud Dragon Fly Nymph Tolerant Taxa —Pollution tolerant organisms that may be found in any quality water. � �r �• Blackfly Larva Leech Midge Fly Larva ,� r � ��, R ` • \ Aquatic Worm Pouch&Pond Snail 4 WETLAND DETERMINATION DATA FORM— Eastern Mountains and Piedmont Project/Site: MT SINAI ROAD City/County: ORANGE Sampling Date: 4-25-12 Applicant/Owner: State: NC Sampling Point: 2 Investigator(s): SARAH WHEELER Section,Township, Range: CHAPEL HILL Landform(hillslope,terrace,etc.): SIDE SLOPE Local relief(concave,convex, none): NONE Slope(%): �5 Subregion(LRR or MLRA): Lat: 35.98823 Long: '79•063802 Datum: Soil Map Unit Name: TATUM NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation N , Soil N ,or Hydrology N significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation N , Soil N ,or Hydrology N naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondarv Indicators(minimum of two required) Primarv Indicators(minimum of one is required;check all that applv) _ Surface Soil Cracks(B6) Surface Water(A1) _ True Aquatic Plants(B14) _ Sparsely Vegetated Concave Surface(B8) High Water Table(A2) _ Hydrogen Sulfide Odor(C1) _ Drainage Patterns(B10) Saturation(A3) _ Oxidized Rhizospheres on Living Roots(C3) _ Moss Trim Lines(B16) Water Marks(B1) _ Presence of Reduced Iron(C4) _ Dry-Season Water Table(C2) Sediment Deposits(B2) _ Recent Iron Reduction in Tilled Soils(C6) _ Crayfish Burrows(C8) Drift Deposits(B3) _ Thin Muck Surface(C7) _ Saturation Visible on Aerial Imagery(C9) Algal Mat or Crust(B4) _ Other(Explain in Remarks) _ Stunted or Stressed Plants(D1) Iron Deposits(B5) _ Geomorphic Position(D2) Inundation Visible on Aerial Imagery(B7) _ Shallow Aquitard(D3) Water-Stained Leaves(B9) _ Microtopographic Relief(D4) Aquatic Fauna(B13) _ FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes No X Depth(inches): Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No X includes ca illar frin e Describe Recorded Data(stream gauge, monitoring well,aerial photos,previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont—Interim Version VEGETATION (Four Strata)— Use scientific names of plants. sampi�r,g Po�r,t: Absolute Dominant Indicator pominance Test worksheet: Tree Stratum (Plot size: ) %Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW,or FAC: � (A) 2. Total Number of Dominant 3� Species Across All Strata: � (B) 4. Percent of Dominant Species 5� That Are OBL, FACW,or FAC: 100% �q�g� 6. � Prevalence Index worksheet: $ Total%Cover of: Multiplv bv: =Total Cover OBL species x 1 = Saplina/Shrub Stratum (Plot size: ) FACW species � x 2= 2 �. FAC species x 3= 2. FACU species x 4= 3. UPL species x 5= 4. Column Totals: (A) (B) 5. Prevalence Index =B/A= 2�0 6. Hydrophytic Vegetation Indicators: 7. _ 1 -Rapid Test for Hydrophytic Vegetation 8. 2-Dominance Test is>50% 9. — 3-Prevalence Index is<_3.0' 10. — 4-Morphological Adaptations'(Provide supporting =Total Cover data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) _ Problematic Hydrophytic Vegetation'(Explain) 1. 2. 3 RANUNCULUS CAROLINIANUS 70 Y FACW 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 4� Definitions of Four Vegetation Strata: 5. 6 Tree–Woody plants,excluding vines, 3 in.(7.6 cm)or more in diameter at breast height(DBH), regardless of 7. height. 8. Sapling/Shrub–Woody plants,excluding vines,less 9� than 3 in. DBH and greater than 3.28 ft(1 m)tall. 10. Herb–All herbaceous(non-woody)plants, regardless 11. of size,and woody plants less than 3.28 ft tall. 12. =Total Cover Woody vine–All woody vines greater than 3.28 ft in Woodv Vine Stratum (Plot size: � height. 1. 2. 3. 4. 5 Hydrophytic Vegetation g. Present? Yes Y No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont–Interim Version $OIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Tvpe Loc Texture Remarks 0-12 5YR 4/6 100 CL 'T e: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. ZLocation: PL=Pore Linin , M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol(A1) _ Dark Surface(S7) _ 2 cm Muck(A10)(MLRA 147) Histic Epipedon(A2) _ Polyvalue Below Surface(S8)(MLRA 147, 148) _ Coast Prairie Redox(A16) Black Histic(A3) _ Thin Dark Surface(S9)(MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide(A4) _ Loamy Gleyed Matrix(F2) _ Piedmont Floodplain Soils(F19) Stratified Layers(A5) _ Depleted Matrix(F3) (MLRA 136, 147) 2 cm Muck(A10)(LRR N) _ Redox Dark Surface(F6) _ Red Parent Material(TF2) Depleted Below Dark Surface(A11) _ Depleted Dark Surface(F7) _ Very Shallow Dark Surface(TF12) Thick Dark Surface(Al2) _ Redox Depressions(F8) _ Other(Explain in Remarks) Sandy Mucky Mineral(S1)(LRR N, _ Iron-Manganese Masses(F12)(LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix(S4) _ Umbric Surface(F13)(MLRA 136, 122) 3lndicators of hydrophytic vegetation and Sandy Redox(S5) _ Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present, Stripped Matrix(S6) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No X Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont—Interim Version WETLAND DETERMINATION DATA FORM— Eastern Mountains and Piedmont Project/Site: MT SINAI ROAD City/County: ORANGE Sampling Date: 4-25-12 Applicant/Owner: State: NC Sampling Point: 2 Investigator(s): SARAH WHEELER Section,Township, Range: CHAPEL HILL Landform(hillslope,terrace,etc.): SIDE SLOPE Local relief(concave,convex, none): NONE Slope(%): �5 Subregion(LRR or MLRA): Lat: 35.98823 Long: '79•063802 Datum: Soil Map Unit Name: TATUM NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation N , Soil N ,or Hydrology N significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation N , Soil N ,or Hydrology N naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondarv Indicators(minimum of two required) Primarv Indicators(minimum of one is required;check all that applv) _ Surface Soil Cracks(B6) X Surface Water(A1) _ True Aquatic Plants(B14) _ Sparsely Vegetated Concave Surface(B8) X High Water Table(A2) Hydrogen Sulfide Odor(C1) X Drainage Patterns(B10) � Saturation(A3) X Oxidized Rhizospheres on Living Roots(C3) _ Moss Trim Lines(B16) Water Marks(B1) _ Presence of Reduced Iron(C4) _ Dry-Season Water Table(C2) Sediment Deposits(B2) _ Recent Iron Reduction in Tilled Soils(C6) _ Crayfish Burrows(C8) Drift Deposits(B3) _ Thin Muck Surface(C7) _ Saturation Visible on Aerial Imagery(C9) Algal Mat or Crust(B4) _ Other(Explain in Remarks) _ Stunted or Stressed Plants(D1) Iron Deposits(B5) _ Geomorphic Position(D2) Inundation Visible on Aerial Imagery(B7) _ Shallow Aquitard(D3) X Water-Stained Leaves(B9) _ Microtopographic Relief(D4) Aquatic Fauna(B13) _ FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes No X Depth(inches): Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No X includes ca illar frin e Describe Recorded Data(stream gauge, monitoring well,aerial photos,previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont—Interim Version VEGETATION (Four Strata)— Use scientific names of plants. sampi�r,g Po�r,t: Absolute Dominant Indicator pominance Test worksheet: Tree Stratum (Plot size: ) %Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW,or FAC: � (A) 2. Total Number of Dominant 3� Species Across All Strata: � (B) 4. Percent of Dominant Species 5� That Are OBL, FACW,or FAC: 100% �q�g� 6. � Prevalence Index worksheet: $ Total%Cover of: Multiplv bv: =Total Cover OBL species x 1 = Saplina/Shrub Stratum (Plot size: ) FACW species � x 2= 2 �. FAC species x 3= 2. FACU species x 4= 3. UPL species x 5= 4. Column Totals: (A) (B) 5. Prevalence Index =B/A= 2�0 6. Hydrophytic Vegetation Indicators: 7. _ 1 -Rapid Test for Hydrophytic Vegetation 8. 2-Dominance Test is>50% 9. — 3-Prevalence Index is<_3.0' 10. — 4-Morphological Adaptations'(Provide supporting =Total Cover data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) _ Problematic Hydrophytic Vegetation'(Explain) 1. 2. 3 RANUNCULUS CAROLINIANUS 70 Y FACW 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 4� Definitions of Four Vegetation Strata: 5. 6 Tree–Woody plants,excluding vines, 3 in.(7.6 cm)or more in diameter at breast height(DBH), regardless of 7. height. 8. Sapling/Shrub–Woody plants,excluding vines,less 9� than 3 in. DBH and greater than 3.28 ft(1 m)tall. 10. Herb–All herbaceous(non-woody)plants, regardless 11. of size,and woody plants less than 3.28 ft tall. 12. =Total Cover Woody vine–All woody vines greater than 3.28 ft in Woodv Vine Stratum (Plot size: � height. 1. 2. 3. 4. 5 Hydrophytic Vegetation g. Present? Yes Y No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont–Interim Version $OIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Tvpe Loc Texture Remarks 0-12 5YR 4/6 100 CL 'T e: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. ZLocation: PL=Pore Linin , M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol(A1) _ Dark Surface(S7) _ 2 cm Muck(A10)(MLRA 147) Histic Epipedon(A2) _ Polyvalue Below Surface(S8)(MLRA 147, 148) _ Coast Prairie Redox(A16) Black Histic(A3) Thin Dark Surface(S9)(MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide(A4) X Loamy Gleyed Matrix(F2) _ Piedmont Floodplain Soils(F19) Stratified Layers(A5) X Depleted Matrix(F3) (MLRA 136, 147) 2 cm Muck(A10)(LRR N) _ Redox Dark Surface(F6) _ Red Parent Material(TF2) Depleted Below Dark Surface(A11) _ Depleted Dark Surface(F7) _ Very Shallow Dark Surface(TF12) Thick Dark Surface(Al2) _ Redox Depressions(F8) _ Other(Explain in Remarks) Sandy Mucky Mineral(S1)(LRR N, _ Iron-Manganese Masses(F12)(LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix(S4) _ Umbric Surface(F13)(MLRA 136, 122) 3lndicators of hydrophytic vegetation and Sandy Redox(S5) _ Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present, Stripped Matrix(S6) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes X No X Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont—Interim Version ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 245-2575 �`���� ����'`� Erosion Control Division �, � 131 W. Margaret Lane (919) 245-2586 z, �; ' �„� Suite 200 (919) 644-3002 (FAx) ���'�' P.O. Box 8181 www.co.oranqe.nc.us ��, �' w�� Hillsborough, NC 27278 rr y ����,w: _, � , � �„ � lll"" ��� �� �.,_ ��� r ±1,�I�'�IID���//0/9/ JJJI/ll/iii��' ' a �� D � ,��� i�il��;��, � ��'„���. . , � � � . . IIimlWlll�/ �A� �mi r '�oim b%/�ii � �� .� June 8, 2012 JJF Farm LLC P.O. Box 765 Hillsborough, NC 27278 Re: Orange County Unified Development Ordinance Surface Water ldentification Jordan Lake Unprotected Watershed PI N: 9881-15-7138 To Whom It May Concern: This letter serves as confirmation of an on-site surface water identification made by Orange County Erosion Control Division staff for the referenced parcel. Orange County enforces a stream buffer along streams and water features in the County per the Orange County Unified Development Ordinance (see Section 6.13 Stream Buffers). The evaluation showed that the parcel in question has (2) water features subject to buffer regulations. The water features are noted on the attached aerial photo and will require a 65' or 80' undisturbed buffer along both sides, as calculated per the referenced Ordinance regulations. These undisturbed buffer areas shall be measured from the top of the stream bank, outer edge of wet, marshy areas, or outer edge of the floodplain where applicable. In the instance where a water feature has braided stream segments with channels running parallel to one another, the buffer shall be measured from the outermost bank on either side. See below for examples of how the buffer is to be measured in varying situations: S:\\ErosionControlDivision\2012\CapeFear\060812.PIN9881.15.7138.JJF 6� : 2 ' Suffer Width , � � r � . ,�`_ ^ 1 , ,�� � � � 1,' ,:-- ,, 1 � ====ti� _ �-- -:..: .. ,_. '�c _=-1��,- I 4:f� #-i��; � � , „ � Top ot s�rearri baTl� ,-�,� �_. _ � , �- , . �s �ec�er,�"-- _ � . M , 'r.. �_s.x'=r . . � �. : 7 P - ,E��°` z; � a`�s' " F � 1 _�� ,�,"� .::�,.� ,�,� "� i s�r,�z�`�.a�s,�,������*'�����; r3 n;�, � . i� � � ,� � � `� �'`'"':t x ���"a?�a���5������'�.�s�..r�,b y�tz,�t �. �"�`� �a .�^ �'�� e '� `,�"�'''f�� � �,r. ,'�' S;'j°a� ,� ,��...�s� ���.wkfia .a���,r-,+s �a r�'..��` � �.r`�' .*9 ��#� u� ��` � ,� ;e�,"�'� ;� �a,« .�et�� � � ".�� rv � �rs t 3 a' �,'k � �cr� k.w�,.��_ . ��,.0 ��N.nP� .��,�.. .�a�.,_.._r.,__ .�...._,._ _�_��_� r�. � ,._�r __ <_,.w_ .�_��� _ .�__:� .�_� �, �,.._r 5 OR �+�--� BuFfer Width ��� � � r �"�- �--- ' j1 Edge ofFloodpla;� . .� � F /1 -- � r , , � � f =� �`` �'� /� �. �4� *"s f' ' I %� ��_- ,��';;_ � Top af streazri bar,lr ��,:-� � g`� ��- �f ^ /'� a _ -��-.:�-. � _ ' ._ , �, �, ; � - �f-`,`' r" ��� _ `� L�� � �` `��"��&�,�„y�y�i'„��.3�.+� � ;`�.� ��'����""��`�'�`�� `� #k ��i.ti f' ,:. � �� .% .a` � d' � .�','� '.¥A�fi.fi$'FF:�u ....a�. .`°°L.°A'.... ..,,_._.. P'..+Y% 3>�du�`iv'�.�. A �_.._.t�...� OR , Bu�'er Widtlz ' � � 1--- .. !"_ _ �'�`_ ,'\ 1 r� -` � �J' .-- 1 ,:. °� �1 `.�. f,� ,-- �_- 1 � ;' _ '.:./ %c -:::f��!:' �� Edge ofWet� ��-_ .t . 'MR� � � 1�., y' � �. �r; � 1Vlarsizy Area i�'�.� .°=�.'-- � � ^,�a�`�J� i� , `�.L-���"'-�,f'•- S� �� 1 1 °,�""� �;" `''i'u_''�'a ,�. ,�*,� ��^ �`. � �' '�t' :.t � '��! $txa *;xN��.s,.,,�F� ! < . : ,.� t�" ,y,.�rr r�`.*� �.�`:"� <�- ;�r : b � a.x4a x '� '�S' YkF � k.3�",y.a`x�-�C.•..� `'—�-�y..Y',.. .s_�^Y��.r^`��.�`.��.iz�k�i'r��r���,,�a�aS�.�r`'�.�+',�r�,.,��;� ti �'` ���z"�rF`",t�,k�'e^t` r'�'`�` . �.a';r T `#� � .� �F�.wz � �"' x,g�"'�-r a s z�^'„�t w ,� s � ,�' � ��. � , � '^a�'.: s�` �r;�' �� �^���,a��`� � �°�,,s�, ys ,r .,� cn�, �s,�t"� r� �r �r . � 1�- ,�, '�- , . �,��n�`a�"'��-&��}���r�a��`r��,���� �&��� "fid ....° `� �� ���� ��t,r�?�,,��^' r �'�y„" s. ��, " �'`' s �a��-s�-�''�P�' a s. � ,„� ..:, '�...�.'�' , t^. �>,.w�.°",w '�.,,..°A,.w�,�n',.d . ��..� ..�a*.s��t ...: a., , 2"-r.. ,.„�.a�#.*.�;t�,,r,z .s,.v Y�r n «�#'�...; .+t'�..tj;.:�?r;: S:\\ErosionControlDivision�2012\CapeFear\060812.PIN9881.15.7138.JJF 3 The following is a description of how the buffers affect the property: 1. Feature A, a previously mapped water feature, is present in the field, however, portions of this feature go underground and the buffer regulations are not subject in those reaches. Feature A begins on the adjacent property at un-flagged Point A-1 and continues subject until it reaches flagged Point A-2. The feature does not re- surface until flagged Point A-3 where it resumes subject and continues onto the next parcel. 2. Feature B, a previously mapped water feature, is present in the field from the point flagged in the field downstream. Above this point is not subject to buffer regulations and below this point is. If you have questions about this determination, please contact me at (919) 245-2587. However, if you have further questions about the application of the Unified Development Ordinance to this parcel, how to calculate the buffer lengths, or possible restoration requirements, please contact Michael Harvey, Current Planning Supervisor at 919-245- 2597. Sincerely, ��� .���� � Wesley Poole Erosion Control Officer Attachments:Aerial Photograph / Map cc: File S:\\ErosionControlDivision\2012\CapeFear\060812.PIN9881.15.7138.JJF Orange County •° `_` ��i� . <�,��>� - � �- �.� , - Surface Water ldentification � '., .: � ' � ��\ �� � �� ` �r „o - "�� o:. - ��'� _ .�, � � � e a - �- � B �` . , z —`, MT SINAI RD°" : � - .. . � ` +�'�"�>�:!'i ti . 't � _ � � y n . , ,, r�:t� � ``� �:. . �. O / i-_ T,.=� ��.,^ � l � t—, e� 1 �. �. i `5 J`-a ,� � °�;. ,Y �� >.v, �� ;,: ` ,�,., f' ° ��:-,�,"� "c"'��,''��`�� y�s: � � r�l1 ,*. � - �+ N L - ��41� q ••�� �y, � ^' I ,�Yl. .. J s � '1 �'a� � ,.S[4� t�s � ^�jS ��� c'xt=y �0 . � � � '1 i � ( r'� °'. � o �O�y . ��, � .. � '', tt% . l J ,�F:. 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X -. �.� k� :�� .� ' ;r rj 4 � �` . LC1 �'. j .� ,,*�'. - �T3�<3 K;,�' .` � �- J 4 ( f d� ..�". t Q �, `��� .� 1 !, � -^- p ' ' .:� m q, .. �00 � 4,'4,_�"� 1 �.dS,�r � ��.7i, '�,.„,'� � o � '-. �� a�,ao-r - 1 °z� GEORGE CiR � ,�4 ` �� � \�•� Po i nt ' � �� �,��f '� ,�. _��. � � �i:" ' �, _ � � � �_ ;� A-2 � � ,�+,�9 , .� , �� �� �� � p �. .�� ; '`4 u. �`��� �'� °, ,.,.� � ;: `���`, � � �.; � r. � 'sr >���` ��r-�- �' � �� _ i � '��,1 ,�� � : � Z ,,'�4 `> " $ � �' ,• _.r �"t�S I"; pµ .i� �,, ��� i J $ � a 4 '� i . . :r !� . � },.t` .�, a . , ., � _ �r '� � +�\�"� °� 3 , a�� Point .�<�r0,�,; �' r 1`�r� � � . . -- • ,�r , . . ,�;#� ,�tk..�+�:`�!'l� �'� t�',�,� � �, � � � < � A-3 � �F ,.����� � ��t - �,�����,-� � o ��� � A ?y \ � 1' �r s� � T��� �`1� � r� `sv �� _ _ � � � �. � , ' � F� � 1` � ,�� � .k �T ?� �P P�C��` w�, � � �;. �� �_.� � �- � �„�� ' �''� ' ,� �� J AtiD,I MOBIL�HOA`AE _ � � ,� PIN#:9881157138 ' ' �� r�` , � , f. LLC JJF FARM -' � '� �� ���� � �' `� ; ° � F'eatU re B � � �� '�+-• ;.�oe.-,�,� Dz,a shown on this map is obtained from Orange Cr.�,�nt;- P O BOX 765 ° o � '�� �'* s �� ,4�� GIS and is for reference only. �3, i,ir iru� ! _ � Exact locations and boundaries should be feld verified. HILLSBOROUGH,NC 2727$ � �`='1���'"'*�r a,.,�' Map prepared by Orange County Planning&Inspections. -°' ., s� .. . �.. r-�,,. . � �. . 0 170 340 �USGS Water Feature Q Parcels �I�_,�;j Zon ing �100 YR Floodplain(Eifective 02/02/07) Feet �r«r'� Soiis Survey Water Feature(�_i Township City Limits Floodway(Effective 02/02l07) ��OC Updated Water Feature ��School System Boundary f� ETJ �500 Year Floodplains(Effectve 02/02/07) .^"'''••. � Water Bodies ^wi Contours Conservation Easements�Buildings s� � K Held by Others � RiverBasins � �County Streams(Deleted) ` � gsv �g OrangeCounty � �' Watershed �=Soils t;�J Conservalion Easements Water and Sewer Boundary '���,�..,.r� � 6/8/2012 Water Utility System Agreement STATE OF NORTH CAROLINA COUNTY OF ORANGE THIS AGREEMENT, made June _ 201w by and between DAVID WEEKELY HOMES, LLC, a North Carolina limited liability company (hereafter "Developer" as defined below) and AQUA NORTH CAROLINA, INC., a corporation, with its principal office in Cary, North Carolina, whose mailing address is 202 MacKenan Court, Cary, North Carolina 27511, (hereafter referred to as "Utility" as defined below); WITNESSETH: THAT WHEREAS, Developer is the owner of the certain lands off Mt. Sinai Road, Orange County, North Carolina, known as Dunhill Subdivision (defined below), and is further described in PIN 9881-15- 7138; and WHEREAS, Developer is desirous of installing in Subdivision a Water Utility System (defined below) to provide water utility service to all those persons now or hereafter owning lots in Subdivision and requiring water utility service; and WHEREAS, Developer has requested Utility to purchase, own, and operate said Water Utility System; and WHEREAS, Utility is agreeable to purchasing, owning, and operating the completed system; NOW, THEREFORE, for and in consideration of the premises and of the rights, powers and duties hereinafter set forth to be performed by each, Developer and Utility mutually do agree as follows: 1. Definitions. 1.1. "Agreement" shall mean this Agreement for the Installation, Conveyance, and Operation of the Water Utility System (defined below) or Water Utility System Phase serving Dunhill Subdivision, including all exhibits and schedules hereto, if any, as amended from time to time. 1.2. "Assets"shall mean shall mean the Water Utility System (defined below) relating to each Water Utility System Phase (defined below) which is necessary and proper to provide water utility service to the Subdivision. 1 Dunhill Water Utility System Dunhill Agreement 061212.doc 1.3. "Certi icate" shall mean a Certificate of Public Convenience and Necessity for water utility service at the Subdivision (defined below) issued by the North Carolina Utilities Commission. 1.4. "Closing" shall mean each instance upon which the Water Utility System Assets are transferred from Developer to Utility regardless of being at one time or in phases. 1.5. "Closing Date"shall mean the date of the initial or subsequent date of applicable Closing, as the context requires. 1.6. "Commission" shall mean the North Carolina Utilities Commission. 1.7. "DEH" shall mean the North Carolina Department of Environmental Health and Natural Resources. 1.8. "Declaration" shall mean a declaration of covenants, conditions and restrictions for the Subdivision (defined below). 1.9. "Deeded Property" shall mean the well lot(s), perpetual easement(s) and other real estate property that is a part of the Water Utility System (defined below) which are owned by Developer and are used in connection with the Water Utility System (defined below) or Water Utility System not located within publicly dedicated rights of way and the rights and interests in and to the access and utility easement being granted, transferred and assigned by the Developer to Utility, including but not limited to well sites, storage tank sites, treatment facility sites, treatment disposal sites, private easements, other real estate property which are needed for the construction, operation, maintenance, repair, and replacement of the Water Utility System. 1.10. "Developer" shall mean David Weekely Homes, LLC, a North Carolina limited liability company, its successors and assigns. 1.11. "GPM"means gallons per minute. 1.12. "Permit" or "Permits" shall mean the Water Utility System Permit and/or the Authorization to Construct issued by DEH, as the context requires. 1.13. "Service Line" shall mean the portion of the individual household water line for which Utility will not assume maintenance responsibility. The Service Line shall include only that portion of the individual household water line that extends from the Utility's water 2 Dunhill Water Utility System Dunhill Agreement 061212.doc meter at or near the property line or street to the home. The portion of the line extending from the water meter to the water main at or near the street shall not be included in the term "Service Line." 1.14. "Single Family Residential Equivalent" or "SFRE" shall be determined by meter size and is described further in the table below. � � (IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ��IIIIII������������I� �� <1" 1.0 1" 2.5 1.5" 5.0 2" 8.0 3" 15.0 4" 25.0 6" 50.0 1.15. "Subdivision" shall mean the property to be developed by Developer, known as Dunhill Subdivision located off Mt. Sinai Road, Orange County, North Carolina, which shall consist of approximately 25 residential lots and is further described in PIN 9881-15-7138. 1.16. "Utilit ' shall mean Aqua North Carolina, Inc., a North Carolina corporation, its successors and assigns, whose business address is 202 MacKenan Court, Cary, North Carolina, 27511. 1.17. "Water Plans" shall mean all plans and specifications, as may be amended from time to time, for the Water Utility System (defined below) approved by Utility and DEH and engineered by Developer's engineer. 1.18. "Water Utility System" shall mean the water production, storage, treatment, distribution system, and other facilities used in the storage, treatment and distribution of the water service and, if constructed, any additional components of the Water Utility System necessary to provide service to the lots of the Subdivision, including but not limited to: wells, treatment facilities, storage tanks, all water mains, services, meter boxes, meter yokes, 3 Dunhill Water Utility System Dunhill Agreement 061212.doc backflow preventors, and other additional components of the Water Utility System necessary to serve water to the lots in the Subdivision. 1.19. "Water Utility System Phase" shall mean any discrete phase of the Subdivision's Water Utility System, including any modifications to the Water Utility System necessary to permit water service to the Subdivision, which the Developer elects to convey to Utility upon its completion. 1.20. "Water Utility System Service Line" shall mean the portion of the water line for which Utility will assume maintenance responsibility. The Water Utility System Service Line shall include only that portion of the individual water line that extends from the Utiliy's water meter, at or near the property line or street, to the Water Utility System's water main at or near the street, unless the water meter is not on the individual lot owner's property in which case Utility shall assume maintenance responsibility up to the property line. The portion of the line extending from the water meter at or near the street to the house shall not be included in the term "Water Utility System Service Line." 2. Design, Permitting & Installation. 2.1. Design & Permitting Requirements. a. Developer, at Developer's cost, shall cause Water Plans for the Water Utility System of the Subdivision to be designed in accordance with plans and specifications engineered by Developer's engineer and to be approved by Utility and DEH. Such approval by Utility shall not to be unreasonably withheld, conditioned or delayed. The system shall be designed and installed pursuant to Utility's specifications, as may be amended from time to time, dated December 1, 2011, a copy of which has been delivered to Developer and Developer acknowledges receipt thereof. The Water Plans shall include but not be limited to a water utility, production, treatment, storage, and distribution system. b. Developer shall pay for the engineering costs incurred related to the Water Utility System's design, permitting, the engineer's certification of completion, and all other costs incurred by Developer that is associated with the design and permitting of the Water Utility System, including to provide water service to the lots in the Subdivision. Said Permit shall name Utility as permittee. Upon issuance of the DEH Permit, Developer, at Developer's cost, shall install in the Subdivision a Water Utility System in accordance with the DEH approved Water Plans. 4 Dunhill Water Utility System Dunhill Agreement 061212.doc c. Utility and Developer agree that if an irrigation service is required to maintain common open space for the Subdivision, Developer, at Developer's cost, shall have the Developer's engineer incorporate the irrigation services(s) into the Water Plans. Furthermore, Developer shall be required to provide water production in the amount of 1.5 gpm per SFRE pursuant to Paragraph 0 of this Agreement. Developer, at Developr's cost shall obtain all irrigation permits required by Orange County. 2.2. Installation Requirements. Developer shall pay for all costs associated with the construction and installation of the Water Utility System. Utility reserves the right to make periodic inspections of the Water Utility System installation. Such inspection should not be considered a substitute for the Developer's engineer's duties and responsibilities to inspect the installation. As required by North Carolina General Statute Section 130 A-317 and Rules Governing Public Water Supply Systems, North Carolina Administrative Code 15A NCAC 18 C. 0305(a), neither Developer nor Utility shall construct or begin construction of any portion of the Water Utility System prior to approval of the Water Plans by DEH or prior to the issuance of an Authorization to Construct by DEH. However, upon well site approval by a representative of DEH, it is acceptable to drill the wells, perform the required 24-hour well drawdown tests, and obtain the well water analyses as all are required for the submittal of the Water Plans to DEH. Any penalties assessed against the Utility (as the applicant for the water system), the Engineer, or the Developer by DEH as a result of the Developer installing all or a portion of the Water Utility System without DEH approval (i.e. construction beginning prior to DEH issuing its Authorization to Construct) shall be paid by Developer prior to meters being installed or water service being provided in the Subdivision. 2.3. Production Requirements. Developer shall provide one or more wells with well production facilities which together, based upon the 24 hour well drawdown tests required by DEH, shall provide at least 1.5 gpm for each residential service in the Subdivision. Production required for irrigation of common open space shall also be 1.5 gpm for each SFRE as set forth in Paragraph 0. Because it is the experience of the Utility that well yield may gradually diminish over time, Developer, at Developer's cost, shall conduct a new 24-hour well drawdown test on any well that has not been constructed and placed in service within two (2) years of the date of the original 24-hour well drawdown test date. Upon completion of the new drawdown test and the well being placed in service, Developer shall be given production credit based on what the current 24-hour well drawdown showed in the well. 2.4. Analytical Testing Requirements. Utility, as its investment, shall pay for the initial analytical testing completed for each well that satisfies DEH requirements for a community water system and is approved by DEH to be used to provide water service to the Subdivision. Developer shall pay all costs associated with the initial analytical testing for each well that does not satisfy DEH requirements for a community well. Developer further 5 Dunhill Water Utility System Dunhill Agreement 061212.doc agrees to pay for all costs associated with re-sampling of any analytical test that may be required to be tested a second time. Should re-sampling be required, Utility shall bill the Developer all costs the Utility has incurred with the re-sampling for said well. Developer agrees to pay the invoice for the re-sampling of said analytical tests to Utility within 30 days of the invoice date. 2.5. Storage Requirements. Developer agrees to install all storage required for the Subdivision in accordance with Utility's specification requirements and Utility agrees to pay the Department of Labor's storage tank inspection costs to satisfy the inspection certificate requirements outlined in North Carolina General Statues § 95-69.16. 2.6. Water Utility System Contractors and Construction Warranty. Utility must approve, in writing, prior to the commencement of any work, all contractors and subcontractors who will perform work on the installation of the Water Utility System, including but not limited to the water mains, services, wells, pumps, tanks, and all other Water Utility System construction in the Subdivision. Furthermore, Developer shall provide to Utility a one-year warranty on all Water Utility System Phase components and workmanship. This warranty shall begin from the date of Closing of the Water Utility System Phase. Said warranty shall be provided at Closing. 2.7. Engineering Certification of Completion & Record Drawings. Developer, at Developer's cost, shall have the engineer furnish DEH and Utility with a signed and sealed copy of the DEH required letter from Developer's engineer certifying that the Water Utility System is installed in compliance with the approved Water Plans. Said letter shall comply with DEH requirements. Developer, at Developer's cost, shall have the engineer supply Utility with an electronic copy of engineering 'as constructed' drawings of the Water Utility System ("as-builts"). The electronic version of the as-builts shall be submitted to Utility in '.dwg' format and shall also include, at the very least, the longitude and latitude of each valve and the signed and sealed copy shall be submitted to Utility in '.pdf' format and shall depict the seal of the professional engineer responsible for issuing the as-built drawings. 3. Certificate of Public Convenience and Necessity. Upon signing of the contract for the purchase of the Assets, issuance of the Permit by DEH, and upon conveyance of each well lot, as heretofore stated, Utility will apply to the Commission as soon as may be practicable for a Certificate to provide water service to the Subdivision. Upon Closing occurring, Utility will supply water service to the residents of Subdivision under the terms of such Certificate, as the same may be amended from time to time. It is mutually understood and agreed that the sale and conveyance of said Assets shall become effective only upon the granting of the Certificate by Commission and approval of the Water Plans by DEH. Should the Commission fail to grant the Certificate and this Agreement be terminated by the Parties, Utility agrees to (i)execute a 6 Dunhill Water Utility System Dunhill Agreement 061212.doc termination of easement for any well lot easement granted to Utility pursuant to Paragraph 10.2 of this Agreement, (ii) request DEH to rescind the Permit in Utility's name, and (iii) Utility and Developer shall complete any other documents necessary to void any other transactions or actions contemplated/performed hereunder. 4. Monthly Water Rates and Fees. Utility shall apply for its current Commission approved water rates and fees, as may be amended from time to time. The meter installation fee for a meter<1" shall be $70, or current Commission approved rate, and shall be paid by the person or builder requesting service to that location for the first time only. For meters >1", the person or builder requesting service to that location for the first time shall be charged actual costs for the installation and meter. 5. Connection Fee. None. 6. Purchase Price Payments. Utility, as Utility's investment, is purchasing, upon Closing, from Developer the total Assets complete and installed in accordance with the Water Plans approved by DEH and Utility, regardless of this Water Utility System being installed all at one time or in phases. The purchase price paid by Utility for the Assets serving approximately 25 residential lots shall be $500 per service or per SFRE. Said purchase price payment shall be payable quarterly based on the number of ineters installed during the previous quarter. Payments shall be made on or about each January 15, April 15, July 15, and October 15. The build out purchase price payment of$12,500 ($500 x 25 SFRE) by Utility for the Water Utility System to serve 25 lots, set forth above, shall constitute full and complete payment for the Assets. Prior to the first purchase price payment being made by Utility to Developer, Developer shall execute and deliver to Utility the Internal Revenue Service Form W-9. The purchase price agreed upon in this Section 6 above, represents a portion of the Developer's investment in the Water Utility System infrastructure sold or conveyed to Utility under this Agreement. 7. Written Certification of Costs. Developer before the Closing, shall deliver to Utility a written certification of the Developer's actual cost in the Water Utility System showing the cost of the entire Water Utility System including production, treatment, storage, distribution facilities, and engineering fees for the water system, which shall have a breakdown between the various components showing the vendors and appropriate amounts. Said Written Certification of Costs Form is attached hereto as EXHIBIT 7. 8. Recorded Subdivision Plats. Developer, at Developer's cost, upon recordation, shall provide Utility with a recorded plat showing each lot being served by the Water Utility System. Said recorded plat shall include utility and access easements in favor of Utility for ingress, 7 Dunhill Water Utility System Dunhill Agreement 061212.doc egress, regress and access to operate, maintain, repair, and replace the water mains and appurtenant equipment related to the water system. 9. Recorded Declarations. Utility acknowledges that the Subdivision may be encumbered by a Declaration before or after Closing. Developer acknowledges that the Water Utility System property, and any other property owned by Utility in the Subdivision, will be exempt from all assessments, use restrictions, and architectural requirements under the Declaration. Utility agrees that should the well house facility require future reconstruction, maintenance, and repairs Utility shall use reasonable efforts to reconstruct the well house facility, if recoverable in rates, to its original style constructed as of the Closing Date. Developer shall insert into the Declarations, easement language in favor of Utility which shall allow Utility ingress, egress, regress, and access to operate, maintain, repair and replace the Water Utility System and appurtenant equipment located within the Subdivision property. Furthermore, Developer shall also include in the Declaration language describing the lot owner's responsibilities with respect to the Service Line serving the lot in accordance with the provisions of Paragraph 1.13 and 0 of this Agreement. 10. Conveyance of the Water Utility System. 10.1. Closing Date. Upon receipt of the Certificate described in Paragraph 0 of this Agreement and receipt of the last item described in this section 10 the Parties shall mutually agree upon a date for the transfer of the Assets and Deeded Property, which date shall not be more than thirty (30) days from the date of delivery of the last item described below. The effective time of the legal transfer hereunder shall be 12:01 a.m. on the day following the Closing Date. Upon Closing, Utility shall be deemed to be the beneficial owner of the Assets. Closing shall take place at the offices of Utility located at 202 MacKenan Court, Cary, North Carolina or, by telecopy or electronic mail exchange of documents with originals to follow by overnight delivery. Utility shall not provide water service to the Subdivision until Closing has occurred. At the time and on the terms described in this section 10 Developer shall convey to Utility at no cost to Utility, except as described in Paragraphs 0, 0, and 10.3 of this Agreement, by deed, easement, or bill of sale, as appropriate, the Assets and Deeded Property and all rights to operate the Water Utility System installed in accordance with the Water Plans approved by DEH and Utility. Said bill of sale shall be substantially similar in form and substance to that attached hereto as EXHIBIT 10.1. 10.2. DEEDS AND EASEMENTS FOR WATER SYSTEM. a. Well Lot Deed. In connection with the application to DEH, Developer agrees to convey by deed or easement to Utility each well lot that comprises a part of the 8 Dunhill Water Utility System Dunhill Agreement 061212.doc Water Utility System. Each well lot shall meet DEH requirements and shall contain a minimum size of 101 feet in all directions from the center of the well head. At Closing, Developer shall convey each well lot to Utility by general warranty deed conveying fee simple title. Upon recordation of the general warranty deed for each well lot, Utility shall terminate the easement for the well lot(s). However, if any well lot is located in the Subdivision's common areas, and is shown on the recorded Subdivision plat as such, Developer may transfer well lot to Utility by a recorded, perpetual, exclusive easement with well protective non-contamination provisions in a form satisfactory to the Utility. This exclusive non-contamination easement prohibits any person or entity from placing within the non-contamination easement, or allowing running within the non-contamination easement, any pesticide, herbicide, insecticide or any other contaminant which may be a violation of the Safe Drinking Water Act, the rules and regulations for community water systems established by DEH, or any other regulatory body. The non-contamination easement specifically prohibits all persons from parking or locating on the non-contamination easement area any vehicles, equipment, boats or any other type equipment which may contain chemicals, fuels, or fluids that may be a source of contamination to the community well. Utility shall have the right to remove any source of contamination immediately and/or require the person or entity introducing the source of contamination to remove the contamination and the sources of contamination and also require such person or entity to pay all expenses associated with the removal. b. Well Access Easements. Each well lot to be conveyed shall front upon a publicly dedicated street or road or have proper 20 foot wide perpetual access easements with 10 foot wide gravel road to provide free and reasonable access for vehicles and utilities to the well situated thereon. c. Water Utility Easements. In the event that the well lot sites do not front upon a publicly dedicated completed street, then Owner shall convey a perpetual 20 foot wide access easement for ingress, egress, regress, and access to any such well lot site for the installation, operation, maintenance, repair and replacement of the well and any Water System assets located upon the well lot sites. Owner shall also convey to AQUA a perpetual easement 10 feet on each side of the water main within the Water System for ingress, egress, regress, and access for the installation, operation, maintenance, repair and replacement of the water mains, valves, and other equipment appurtenant to the water distribution system. These easements will be conveyed to AQUA by an assignment and grant of easements that shall be recordable in the county's register of deeds. 10.3. Title Insurance for the Water Utility System Property. Prior to the Closing Date, 9 Dunhill Water Utility System Dunhill Agreement 061212.doc Developer, at Developer's cost, shall have its attorney procure a title insurance commitment in the amount of$50,000 for each of the Deeded Property. The title commitment shall insure the property conveyed at Closing is free and clear of all liens and encumbrances. Developer shall have its attorney procure a title commitment on behalf of Utility with respect to each property conveyed and shall present a current final owner's policy at Closing. Furthermore, Developer shall pay the attorney's fees incurred in connection therewith and Utility, upon Closing, shall reimburse the Developer the title insurance premiums in connection with the issuance of an owner's policy. Prior to Utility reimbursing the Developer the premium fee cost, Developer shall complete an IRS W-9 Form and deliver such to Utility prior to Closing. 10.4. Surveys for the Deeded Property. Developer shall supply Utility with a current plot plan for the pepetual easements and for the well lot(s) showing improvements for each well lot, including the access road, easements, supply main and the 100' radius around the well head and the distance from the well head to the nearest lot boundary line. The surveys shall be signed and sealed by a registered surveyor and shall be provided prior to Closing. 10.5. Service Line Responsibilities. Each Lot Owner shall be responsible for the maintenance of the Service Line and Utility, upon Closing, shall be responsible for the maintenance of the Water Utility System Service Line. 10.6. Closing Requirements Utility shall not provide water service to Subdivision until the date of Closing. 10.7. Pre Closing Deliveries of Utility. Utility shall furnish the Developer with: (i) a copy of the Certificate or Certifcate Extension issued by the Commission, (ii) a draft bill of sale form for the Assets, and (iii) a draft written certification of costs form. 10.8. Pre-Closing Deliveries of Developer. Developer shall deliver to Utility: a. a copy of the DEH required letter from Developer's engineer certifying that the Water Utility System is installed in compliance with the DEH approved Water Plans as set forth in Paragraph 2.7; and b. an electronic copy of engineering record drawings of the Water Utility System as constructed ("as-builts") completed by the engineer of record for the project. The electronic version of the as-builts shall be submitted to Utility in '.dwg' format and the signed and sealed copy shall be submitted to Utility in '.pdf' format as set forth in Paragraph 2.7; 10 Dunhill Water Utility System Dunhill Agreement 061212.doc c. a completed written certification of Developer's cost in the Water Utility System as set forth in Paragraph 7. d. a copy of the recorded Declarations as set forth in Paragraph 9; e. the title insurance commitment for the Deeded Property as set forth in Paragraph 10.3; f. a current well site improvement survey for the Deeded Property as set forth in Paragraph 10.4 g. a list of physical addresses and lot numbers for each lot in the Subdivision that will served by the Water Utility System installed in a form substantially similar in a substance to that attached hereto as EXHIBIT 10.8.�; h. a list of utility providers for the Water Utility System as set forth in Paragraph 11. 10.9. Closing Deliveries of Developer. Developer shall furnish Utility with: a. a one year construction warranty on_all Water Utility System components and workmanship as set forth in Paragraph 2.6; b. an executed bill of sale for the Assets, recorded deeds, and easements for the Water Utility System as set forth in Paragraph 10.1 c. final owner's policy for the Deeded Property as set forth in Paragraph 10.3. 10.10. Closing Requirements of Utility. Upon Closing Utility shall (i) reimburse the Developer the title premium fees, (ii) transfer utilities for the Water Utility System to Utility's name as set forth in Paragraph 11, and (iii) begin operation of the Water Utility System. 11. Transfer of Utilities. Upon Closing, Developer and Utility will cooperate to transfer utility service, including telephone, electric and any other utility service needed that is in Developer's name and is necessary to operate the Water Utility System. Developer shall provide Utility with the utility service provider's name, phone number, and account number(s) issued by the service provider for the utility service. Utility shall complete such transfer of services upon Closing and shall pay its prorated share of costs upon receipt of its first invoice from the provider. 11 Dunhill Water Utility System Dunhill Agreement 061212.doc 12. Property Taxes. Utility shall not be responsible for costs of property taxes on any Deeded Property with respect to which title is not conveyed to Utility. Utility shall only be responsible for real estate property which it owns. 13. General Provisions. 13.1. Execution of Future Agreements. After the execution of this Agreement, all new development agreements entered into by Developer with respect to development at the Subdivision shall be consistent with the terms of this Agreement to the extent addressing the provision of water utility service to the Subdivision. 13.2. Representations, Warranties, Covenants and Agreements Survive Closing. All representations and warranties of Developer and Utility hereunder shall survive each Closing. Further, any covenant or agreement herein which contemplates performance after the time of any Closing shall not be deemed to be merged into or waived by the instruments delivered in connection with such Closing, but shall expressly survive such Closing and be binding upon the Parties obligated thereby. 13.3. Binding upon Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of Developer and Utility, and the successors and assigns of each. 13.4. No Third Party Beneficiary Rights. Nothing expressed or referred to in this Agreement will be construed to give any person other than the Parties any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Paragraph 0 above. 13.5. Independent Contractors. The Parties are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the Parties. 13.6. Counterparts. This Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 13.7. Headings. The headings of particular provisions of this Agreement are inserted for convenience only and shall not be construed as a part of this Agreement or serve as a limitation or expansion on the scope of any term or provision of this Agreement. 12 Dunhill Water Utility System Dunhill Agreement 061212.doc 13.8. Enforcement of Agreement. Each Party acknowledges and agrees that the other Party would be irreparably damaged if any of the provisions of this Agreement are not performed in accordance with their specific terms and that any breach of this Agreement by a Party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a Party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Agreement, without posting any bond or other undertaking. 13.9. Waiver. No waivers of, or exceptions to, any term, condition or provision of this Agreement, in any instance or instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 13.10. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 13.11. Modifications in Writing. This Agreement shall not be modified, amended or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Agreement in any other way. By mutual written agreement additional lots may be added to this Agreement. 13.12. Consent to Jurisdiction. The Parties agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Agreement and any controversies arising out of, relating to, or referring to this Agreement, the formation of this Agreement, and actions undertaken by the Parties hereto as a result of this Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the Parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 13.13. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 13.14. Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by registered or 13 Dunhill Water Utility System Dunhill Agreement 061212.doc certified United States first-class mail, postage prepaid, return receipt requested, (iii) by nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated below (or at such other address or facsimile number as such Party or permitted assignee shall have furnished to the other Parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery. Ifto Developer, such notice shall be addressed to: Address: Attn: Telephone: Facsimile: Ifto Utility, such notice shall be addressed to: Aqua North Carolina, Inc. 202 MacKenan Court Ca ry, N C 27511 Attn: President Telephone: (919) 467-8712 Facsimile: (919) 460-1788 IN TESTIMONY WHEREOF, Developer has caused this instrument to be executed by its manager authorized to execute contracts on behalf of the Developer and Utility has caused this instrument to be executed by its corporate officers authorized to execute and seal this contract on behalf of the corporation, the day and year first above written. DAVID WEEKELY HOMES, LLC Manager AQUA NORTH CAROLINA, INC. Thomas J. Roberts, President 14 Dunhill Water Utility System Dunhill Agreement 061212.doc EXHIBIT 7 Written Certification of Costs Form Date: Aqua North Carolina, Inc. 202 MacKenan Court, Cary, NC 27511 Following is the information you requested for the Water Utility System serving Dunhill Subdivision.This cost certification is for the assets of the water production and treatment facility, storage, and distribution system serving a total of 25 connections in the Subdivision. QTY UOM Description Totallnvoiced Costs LS Engineering LF Mains(Size_) LF Mains(Size_) LF Mains(Size_) LF Services EA Well Drilling&24-hour Drawdown Test EA Well House Construction EA Master Meter at Well(s) EA Supply Main/Valve Bank EA Pump& Motor for Well No._;_hp EA Chemical Pump(s)at Well No. EA Tank&Installation of gallons EA Remote Monitoring EA Filter System Type EA Value of Deeded Well Lot(s) @ $500/each TOTALS I certify the above represents the actual cost for installation of the Water Utility System serving the Subdivision. Signature Printed Name 15 Dunhill Water Utility System Dunhill Agreement 061212.doc EXHIBIT 10.1 Bill of Sale Form STATE OF NORTH CAROLINA COUNTY OF ORANGE BILL OF SALE - WATER KNOW ALL MEN BY THESE PRESENTS that DAVID WEEKELY HOMES, LLC (Seller), in return for valuable consideration received by the Seller from AQUA NORTH CAROLINA, INC. (Buyer), a corporation, the sufficiency of which is hereby acknowledged, has bargained and sold and does by this instrument bargain, sell, and convey to the Buyer, its successors and assigns, the entire potable Water Utility System located at Dunhill Subdivision, Orange County, North Carolina, including, but not limited to the well production and treatment facility, distribution mains, tank(s), pumps, controls, electrical equipment, chemical feed equipment, valves, tees, ells, crosses, services, meter boxes, meter yokes, backflow preventors, and other additional components of the Water Utility System necessary to serve water to 25 connections, all property conveyed hereby being referred to as the Property. To have and to hold the Property in fee simple. IN TESTIMONY WHEREOF, the Seller has hereunto set his hand this the day of 20_. DAVID WEEKELY HOMES, LLC Manager 16 Dunhill Water Utility System Dunhill Agreement 061212.doc EXHIBIT 10.8.� LIST OF LOT NUMBERS AND ADDRESSES Subdivision Name: City/Zip Code: Lot No. Physical Address 17 Dunhill Water Utility System Dunhill Agreement 061212.doc Buffer:500 Feet on Search Results(1) Name Buffer 1 Buffer selection in Parcels(Table) PIN PINSTATUS OWNER TYPE IOFLAG OWNERI LAST OWNERI FIRST OWNER2 LAST OWNER2 FIRST ADDRESSI ADDRESS2 CITY STATE ZIPCODE TOWNSHIP SIZE 9881171697 ACTIVE null GRAVES WILLIAM W III GRAVES CARLAN T 2206 MOUNT SINAI RD CHAPEL HILL NC 275149638 7 23.95 9881177020 ACTIVE null DE ARMASALBERTO R DE ALMA I 266 MIAMI SPRINGSAVE MIAMI SPRINGS FL 33166 7 5.04 9881165716 ACTIVE null HARGRAVES GLENDA 122 HANNA ST CARRBORO NC 275101316 7 3.0147 9881179030 ACTIVE null YES CHALMERS LINDA NEVILLE CHALMERS RANDYTHOMAS 2404 MT SINAI RD CHAPEL HILL NC 27514 7 9.95 9881163846 ACTIVE null HOLT JOHN R HOLT YVONNE W 2422 MT SINAI RD CHAPEL HILL NC 275149697 7 1 9881161874 ACTIVE null ROBBINS JOSEPH W ROBBINS ELIZABETH L 2414 MT SINAI RD CHAPEL HILL NC 27514 7 1.56 9881269666 ACTIVE null OLICH JACK M OLICH JEAN M 2500 MILL RIDGE LN CHAPEL HILL NC 27514 7 2.91 9881172182 ACTIVE null MATTHEWS JOSEPH E MATTHEWS DIANE 5819 BRISBANE DR CHAPEL HILL NC 275149614 7 1 9881164261 ACTIVE null BENSON DONNAJEAN 2311 MT SINAI RD CHAPEL HILL NC 275149666 7 1 9881267002 ACTIVE null KEEFE STEPHEN W YOUNG MELANIE T 6015 OLD FIELD DR CHAPEL HILL NC 27514 7 2.97 9881267209 ACTIVE null OLICH JACK M OLICH JEAN M 2500 MILL RIDGE LANE CHAPEL HILL NC 27514 7 2.5 9881256798 ACTIVE null NOBLE JULIA PHYLLIS null null 4208 SUGAR PINE LANE null Durham NC 27705 7 233 9881164966 ACTIVE null WILLIAMS DUSTIN J WILLIAMS SARAH J 5827 BRISBANE DR null Chapel Hill NC 27514 7 1 9881179030 ACTIVE null YES CHALMERS LINDA NEVILLE CHALMERS RANDYTHOMAS 2404 MT SINAI RD CHAPEL HILL NC 27514 7 9.95 9881054496 ACTIVE null SMITH JERRY BOX 937 CHAPEL HILL NC 27514 7 1 9881057173 ACTIVE null FYFE MARY JO BURNS 5103 RUSSELL RD DURHAM NC 277121817 7 1 9881054084 ACTIVE null SMITH JERRY BOX 937 CHAPEL HILL NC 27514 7 1 9881259243 ACTIVE null BRANDALEONE BRUCE BRANDALEONE SARA 60400LDFIELD DR CHAPEL HILL NC 27514 7 10.02 9881046877ACTIVE null FRANKEL NINAG 2204GEORGECR CHAPELHILL NC 275149680 7 1 9881048904 ACTIVE null FREELAND JAMES RAE FREELAND BETTY PO BX 896 HILLSBOROUGH NC 27278 7 1 9881049806 ACTIVE null FYFE WILLIAM D FYFE MARYJO 5103 RUSSELLRD DURHAM NC 277121817 7 1 9881044888 ACTIVE null WATERS RAMELLE CAMPBELL 327 BAYBERRY DR CHAPEL HILL NC 275149116 7 1 9881046581 ACTIVE null YES MCPEAK BARBARA ETAL GREENE TAYLOR M III 6518 ALEXANDER DR CHAPEL HILL NC 275147404 7 1 9881049740 ACTIVE null FREELAND JAMES RAE M BETTY JAMES PO BOX 896 HILLSBOROUGH NC 27278 7 1 9881044610 ACTIVE null WOODARD LINDA LEE 21191RVIN CIR CHAPEL HILL NC 275149679 7 1 9881047516 ACTIVE null YES MCPEAK BARBARA ETAL GREENE TAYLOR M III 6518 ALEXANDER DR CHAPEL HILL NC 275147404 7 1 9881044460 ACTIVE null MARKS CARL W null null 224 HAWKINS RD null CEDAR GROVE NC 27231 7 1 9881047385 ACTIVE null GREENE TAYLOR M III GREENE CATHERINE H 6412ALEXANDER DR CHAPEL HILL NC 27514 7 1 9881037635 ACTIVE null RIGGAN CYNTHIA G null null 6518ALEXANDER DR null CHAPEL HILL NC 275147404 7 6.43 9881048014 ACTIVE null YES MCPEAK BARBARA ETAL GREENE TAYLOR M III 6518 ALEXANDER DR CHAPEL HILL NC 275147404 7 8.11 9881034824 ACTIVE null DOAR P OWEN III DOAR CYNTHIA 6504ALEXANDER DR CHAPEL HILL NC 275147404 7 1.836 9881033561 ACTIVE null MCPEAK LANCE C MCPEAK JULIE 6606 LEWIS RD null Chapel Hill NC 27514 7 038 9881130543 ACTIVE null MCPEAK LANCE C MCPEAK JULIE 6606 LEWIS RD null Chapel Hill NC 27514 7 1.08 9881177063 ACTIVE null ARNTS ROBERT R ARNTS JEANNE 5830 BRISBANE DR CHAPEL HILL NC 27514 7 1 9881269242 ACTIVE null S&H DEVELOPMENT LLC SUITE 102 57100LEANDER DR WILMINGTON NC 28403 7 1 9881265631 ACTIVE null OLICH JACK M OLICH JEAN M 2500 MILL RIDGE LANE CHAPEL HILL NC 27514 7 3.66 9881361265 ACTIVE null PILLOFF BENSON D PILLOFF FRANCINE M 60140LD FIELD DR CHAPEL HILL NC 27514 7 2.164 9881054730 ACTIVE null MAUER SHEILA DIANE 6215 LANCE ST CHAPEL HILL NC 275149688 7 1 9881256574 ACTIVE null NOBLE JULIA PHYLLIS null null 4208 SUGAR PINE LANE null Durham NC 27705 7 2.55 9881049637 ACTIVE null FREELAND JAMES RAE M BETTY JAMES PO BOX 896 HILLSBOROUGH NC 27278 7 1 9881046588 ACTIVE null SHARPE ROBERT LEWIS SHARPE JONNIE 6402ALEXANDER DR CHAPEL HILL NC 27514 7 1 9881044478 ACTIVE null ALLEN THOMAS W 6407 ALEXANDER DR CHAPEL HILL NC 27514 7 1 9881047494 ACTIVE null FREELAND JAMES RAE FREELAND BETTY PO BX 896 HILLSBOROUGH NC 27278 7 1 9881139837 ACTIVE null OLD FIELD CREEK LLC 221 CHESLEY LN CHAPEL HILL NC 27514 7 7.53 9881133429 ACTIVE null FREELAND LARRY WAYNE FREELAND VICTORIA L 6614ALEXANDER DR CHAPEL HILL NC 275149603 7 1.74 9881445704 ACTIVE null TRIANGLE LAND CONSERVANCY 1100-A WAKE FOREST RD RALEIGH NC 27604 7 266.27 9881069269 ACTIVE null LIETH ARMIN F LIETH AMANDA F PO BOX 4752 CHAPEL HILL NC 27515 7 1.04 9881162256 ACTIVE null WALSTAD DIANA L 2303 MOUNT SINAI RD CHAPEL HILL NC 275149666 7 4.12 9881066114 ACTIVE null HUGHES CHRISTINE M 6208 LANCE ST CHAPEL HILL NC 275149688 7 1 9881057399 ACTIVE null SWANSON CYNTHIA LOUISE 2210 HOLLY CIR CHAPEL HILL NC 275149681 7 1 9881157138 ACTIVE null JJF FARM LLC P O BOX 765 HILLSBOROUGH NC 27278 7 6737 9881067392 ACTIVE null LIETH ARMIN F LIETH AMANDA F PO BOX 4752 CHAPEL HILL NC 27515 7 1 9881069191 ACTIVE null LIETH ARMIN F LIETH AMANDA F PO BOX 4752 CHAPEL HILL NC 27515 7 0.65 9881058823 ACTIVE null LIETH ARMIN F LIETH AMANDA F PO BOX 4752 CHAPEL HILL NC 27515 7 1 9881056721 ACTIVE null YES WARREN WILLIAM E GRAVES JULIA L 6214 LANCE ST CHAPEL HILL NC 275149688 7 1 9881150900 ACTIVE null LIETH ARMIN F LIETH AMANDA F PO BOX 4752 CHAPEL HILL NC 27515 7 1.49 9881068008 ACTIVE null LIETH ARMIN F LIETH AMANDA F PO BOX 4752 CHAPEL HILL NC 27515 7 1.03 9881230565 ACTIVE null OLD FIELD CREEK LLC 221 CHESLEY LN CHAPEL HILL NC 27514 7 13.62 9881134329 ACTIVE null FREELAND LOUISJR FREELAND ALICE 6612ALEXANDER DR CHAPEL HILL NC 275149603 7 2.49 9881039306 ACTIVE null PURSE JAMES PURSE ANDREA 2138 DOAR RD CHAPEL HILL NC 27514 7 2.5 �STqT�cx �� ���� � � � ��,� �»,��„m *'�� ��� North Carolina Department of Cultural Resources State Historic Preservation Of�ce Ramona 1VI.Bartos,r�drrunistrator Beverlp Eaves Perdue,Governor Office of Archives and Histon- Linda A.Caslisle,Secretan- Division of Historical Resources JeffseS J.Crow,Deput�-Secretan- David Brook,Director June 15,2012 Michelle Kempinski Summit Design and Engineering Services, PLLC 504 Meadowland Drive Hillsborough, NC 27278 Re: Develop Mt. Sinai Subdivision,2301 Mt. Sinai Road, Chapel Hill, Orange County,ER 12-0966 Dear Ms. Kempinski: Thank you for your email of June 7,2012, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project Therefore,we have no comment on the project as proposed. The above comments are made pursuant to Secrion 106 of the Narional Historic Preservarion Act and the Advisory Council on Historic Preservarion's Regularions for Compliance with Secrion 106 codified at 36 CFR Part 800. Thank you for your cooperation and considerarion. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communicarion concerning this project,please cite the above-referenced tracking number. Sincerely, ���,�.��,,�, �� ,,,,���������������M��� � ���^"Ramona M. Bartos Location:109 Sast Jones Street,Raleigh NC 27601 Mailing Addxess:4617 b1ai1 Seroice Centex,Raleigh NC 27699-4617 Telephone/Fax:(919)807-6570/807-6599 I��'��i��i��°m� DCR - Environmental_Review<Environmental.Review@ncdcr.gov> ���Itl�o�j�,���� RE: Cultural Resources Inquiry: Major Subdivision Project I���'������ June 15, 2012 3:3023 PM EDT 'lll"'°�� "michelle.kempinski@summit-engineer.com° <michelle.kempinski@summit-engineer.com> ��°°� 1 Attachment, 80.3 KB Our response is attached. Thank you . .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. From: Gledhill-earley, Renee Sent: Thursday, June 07, 2012 2:09 PM To: DCR - Environmental Review Subject: FW: Cultural Resources Inquiry: Major Subdivision Project Renee Gledhill-Earley Environmental Review Coordinator NC State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Phone: 919-807-6579 Fax: 919-807-6599 htt�://www.h�o.dcr.state.nc.us Special Notice: To expedite review of your project, you may wish to follow the directions found at http://www.h�o.ncdcr.�ov/er/er_email submittal.html for submitting requests via email. *This message does not necessarily represent the policy of the Department of Cultural Resources. E-Mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law (N.C.G.S. 132) and may be disclosed to third parties.* ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... From: Michelle Kempinski [mailto:michelle.kempinski@summit-engineer.com] Sent: Thursday, June 07, 2012 1:41 PM To: Bartos, Ramona Cc: Gledhill-earley, Renee Subject: Re: Cultural Resources Inquiry: Major Subdivision Project Ramona and Renee. Thank you for the link to your project review checklist. Here are the proj ect's details. Project Name: Mt Sinai Major Subdivision Location: 2301 Mt. Sinai Road, Chapel Hill, NC (Orange County) Project Contact Information: Michelle Kempinski, RLA Summit Design and Engineering Services, PLLC 504 Meadowland Drive, Hillsborough, NC 27278 919-732-3883 Project Description: This is a proposed major subdivision (Class A SUP) development in the Orange County, NC jurisdiction. The site is 68.51 acres with the most recent land use being a horse farm with boarding stables and riding ring. There are no know historic structures onsite, with Orange County tax records showing an existing residence built in 1975 (refer to attached Orange County land records print out). The entire property is proposed for redevelopment as a residential 2-acre lot subdivision with new residential structures, subdivision roads, and individual septic and well services. There should be 3 file attachments that accompany this email. A site aerial photo, the Orange County building information, and a Draft copy of the Site Plan that will be submitted to Orange County for the Class A SUP review process. Please let me know if you do not receive the attachments. Also, I do not have any photos of the existing structures or property. Being such a large area, if you do require photos of the site, please let me know what aspects/features of the site you would like captured. Thank you, Michelle Michelle Kempinski, RLA Landscape Architecture Branch Manager PHONE 919.732.3883 FAX 919.732.6676 ¢���a� � �,�, � � �,�'��'�'�.� North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M.Baztos,Administratox Bevexly Eaves Pexdue,Govemox Office of Axchives and History Linda A.Caxlisle,Secxetary Division of Histoncal Resouxces ]effxey].Cxow,Deputy Secxetary David Bxook,Dixectox June 15,2012 Michelle Kempinski Summit Design and Engineering Services,PLLC 504 Meadowland Drive Hillsborough,NC 27278 Re: Develop Mt Sinai Subdivision,2301 Mt Sinai Road,Chapel Hill,Orange County,ER 12-0966 Dear Ms. Kempinski: Thank�ou for�our email of June 7,2012,concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected b� the project.Therefore,we have no comment on the project as proposed. The above comments are made pursuant to Secrion 106 of the Narional Historic Preservarion Act and the Advisory Council on Historic Preservarion's Regulations for Compliance with Secrion 106 codified at 36 CFR Part 800. Thank�ou for�our cooperarion and considerarion. If�ou have quesrions conceming the above comment, please contact Renee Gledhill-Earle�,environmental review coordinator,at 919-807-6579. In all future communicarion concerning this project,please cite the above-referenced tracking number. Sincerel�, ���'� � � � � '����.�.�� ����,,���b�..��� ����-����� �,� ���Ramona M.Bartos � r�GI�EM�l�t�'O�+'P1�,F�2�I�i��AN�SAL� ARTICLE 1:PK4PERTYIPtTItCHASE P�tICE 3.1 Certain Basic Terms_ {a}Purchaser and Notice Address WEEKLEY HOtvtES,LLC With a co�y to: Attn: .Tohn Johnson Weekley Hames,I,LC 11 l i Noi-th Post Oak Blvd. Attn: John Burchfieid,Esq, Houstan,Texas 77d55 I I I I N.Post Oak Road Telephot�e: 713l963-a500 Houstor�,Te�as 77055 Facsimile: 713I29t}-0622 Telephone:fii3/316-31Z$ Email: iiohnso�dwhonies cam Facsimile: 713/290-0622 Etnail: 'burchfeld dwhomes.cflm (b) �eller and i�Totice Address: J.J.F.FARYI,L.L.C. WiYh a capv to: P.a.Box 765 �Iitlsborough,Norfh Carolina 2727� Telephone:{9i9}732-23b1 Facsimile: Email: (c)Closiu�A�ent: Esartttiv Agent/TitIe Campanv: Morris,Mannir�g&IVlartin,LLl' Investors Titie Company A#tn: I�eith Burns Attn:1'racy Hinnar�t I(l00 Park PQrty PIaza,Sta 35fl 348 W.Rasemary S�reet,Suite 1b5 R€ses,rch Triangle l�arl�,NC 27'T13 _ Chapel Hill,NC 27514 Telephone:{919)846-2�347 � Telephane:(800�724-8791 Ext. 26t35 Facsimile:(919}8�6-2p57 Pacsimiie:(877}711-3185 e-ma�`t:kburns(a�nurirnEaw.cora e-mail:thinnant invti#1e.com (d) Date of this A�reemenUFf�ective 13ate: The latest date of executian�y Setter or Purchaser, as indicated on the signatnre page. (e) Purchase Price: (� Eamest Monev: The follo�ving amounts shall be �te Earnest Money once depasited by Furcliaser: {l} the "Initial Eamest Money„ d�posit Qf Twenty ThQUSand Dotlars{$24,C1Qf}},and (2) tha "Addi�ional E�rnes� �vioney'> deposit caf T�venty Thousand Dollars($2{�,0[}(l). AII Earnest N3oney shall be deposi�ed in cash. (g�Inspection Period: The period ending ninety(94)c�ays from the Effective Date. {h) Ciosing Date: Sub}ect to the provisic�ns of Section 4.1, thirty (30} ��ys ' af�er Proje�t App�rovals have been obtatned in ihe manner described in Section 2.3, be�t in z�o eveni later than 24 ; mQnths. t . Illlll�llllll�lill�lllllllllll III�I�11��I� I�11II�IIII � 2��$8z�2�� FOR REGISTRRTION REGISTER OF OEEDS Willie L. Covington DURHRP9 COUNTY, NC 2008 �AY 23 12;32:19 P� BK:5964 PG:11�-74� FEE;$86,00 I���sr������ � 70������4� Prepared by and Return ta: Stephen D. Lowry,$358-104 Six Forks Rd.,Raleigh,NC 27615 DECLARATION OF CQVENANTS,C�NDiTIQNS AND R�STRICTI()NS FC7R T�-IE KE�NELAND MANOR SUBDIVISI()N C�IVTENTS Page YREAMBLE ................................................................................................................2 ARTICLE f DEFINITIONS ••-------•........................�•-�--••---••----•------......................•.•••3 ARTICLE lI SCIBJECTING ADDITIQNAL PROPERTY TQ THE DECLARATIC}N ................................•---.............................,........4 ART4CLE [[I ARCHITECTURAL C{)NTROL...........................................................5 ARTtCt�E IV MEMBERSHIP AND VC}TING RIGHTS IN THE ASSOCIATION....................................•........................................b ARTICLE V ADMINISTRATIt�N AND MANAGBMENT......................................7 ARTICLE VI PROPERTY RIGHTS IN T�iE COMM(JN AREAS.............................9 ARTICLE VII CC}VENANT FQR MAINTENANCB ASSESSMENT ......................I(} . ARTIGLE VIII:: RESTRICTION"�QN USE:AND MAINTENi�N�E t)F PROI'ERTY ..................................................................................14 ARTICLE iX RESTRICTIONS ON USE QF PRt?PERTY BY DECLARANT......................................................••-.............................19 ARTICLE X EASEMENTS AND RIGI-ITS.............................................................2U ARTICLE XI PRQTEC'I'ION OF MOR`l'GAGEES...................................................21 ARTICLE XII OBLIGATIONS T'U COMMENCE C�NSTRUCTION.....................22 ARTICLE XIII GENERAL PROVISIONS.........................•--•-•••-•-----•---•........_.......,.....23 SIGNATURE PAGE ...........................................•••---...__...............-•••-••---••-••----•--__...._............24 EXHTBIT"A" LEGAL DBSCR[PT[ON UF THE PR(.7PERTIES...............................25 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR THE KEENELAND MANOR SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE KEENELAND MANOR SUBDIVISION(hereinafter referred to as the"Declaration"),made this 22nd day of May, 2008 by TEAGUE-HANKINS DEVELOPMENT, CORP., a North Carolina corporation (hereinafter referred to as the"Declarant'). WITNESSETH: WHEREAS,the Declarant is the owner of those certain lots and parcels and tracts of real property (hereinafter referred to as the"Property" or"Properties") near the City of Durham,Township of Triangle, County of Durham, State of North Carolina,more particularly described in Exhibit A,which said Exhibit A is attached hereto,made a part hereof and incorporated herein by reference;and WHEREAS,Declarant desires to create on such Property a residential community of single-family residential dwellings to be known as the "KEENELAND MANOR SUBDIVISION" (hereinafter sometimes referred to as"KEENELAND MANOR SUBDIVISION"or the"Subdivision"); WHEREAS, to the extent thereof, Declarant shall designate on the various Plats of the • Subdivision and will convey to the"Association"(as hereinafter defined)certain common areas designated • as "OPEN SPACE 1, 2, and 3", "SIGN AND LANDSCAPE EASEMENTS".and "SEPTIC AREAS & ACCESS(located off individual lots,)(hereinafter referred to collectively as the"Common Areas")on the recorded map and/or plats of the Subdivision, including easements and rights-of-way, which are hereby designated for the common use and enjoyment of all the residents of the Subdivision (as hereinafter defined), although Declarant makes no representations that any such Common Areas shall now or may hereafter exist; and WHEREAS, Declarant desires to provide for the upkeep and maintenance of the Common Areas and the entrance way into KEENELAND MANOR surmi tISION and to provide a vehicle for ensuring that any storm water drainage systems and facilities for the Subdivision and any Off Lot Septic Areas and Septic Force Main Areas are properly maintained, and, to that end, desires to subject all of the Property within the Subdivision to the covenants,conditions,restrictions,easements, charges, assessments and liens hereinafter set forth, each and all of which is and are for the benefit of said Property, its present and subsequent owners,and the Association as hereinafter specified;and WHEREAS, Declarant has deemed it advisable to create an organization to own, maintain and administer the Common Areas, to administer and enforce the covenants and restrictions and protective covenants exclusively applicable to the Subdivision, and to collect and disburse the assessments and charges hereinafter created,and Declarant has caused or will cause to be incorporated under North Carolina law as a nonprofit corporation, the "KEENELAND MANOR HOMEOWNERS ASSOCIATION, INC." (hereinafter referred to as the"Association")for the purpose of exercising the aforesaid functions. NOW THEREFORE, Declarant hereby declares that all of the Property described in the attached Exhibit A (together with any property which may be added pursuant to the terms hereof) shall be owned, held, . transferred, sold, conveyed and occupied subject to the following easements, covenants, conditions, restrictions,charges,assessments and liens set forth in this Declaration(hereinafter referred to collectively as.the"Restrictions"), which said Restrictions shall run with the title to the Property and be binding on all parties owning any right, title'or interest in said Property or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of the Property, each owner therof (both present and future),and to the Association. 2 ARTICLE I DEFINITIONS The following words or terms when used in this Declaration, or any Supplemental Declaration, unless the context shall prohibit, shall have the following meanings: A. "Association" shall mean and refer to the KEENELAND MANOR HOMEOWNERS ASSOCIATION, INC.,a North Carolina nonprofit corporation,its successors and assigns. B. "Board of Directors"shall mean and refer to the Board of Directors of the Association. C. "By-Laws"shall mean and refer to the By-Laws of the Association. D. "Class A Member(s)" shall mean and refer to all those Owners other than (i) the Declarant (See Article IV hereof)and(ii)the owners of Lot 21. E. "Class B Member" shall mean and refer to the Declarant, its successors andlor assigns (See Article IV hereof). F. "Committee" shall mean and refer to the Architectural Review Committee of the Association. G. "OPEN SPACE I,2 and 3", "OFF LOT SEPTIC AREA"and"20' SEPTIC AREA ACCESS EASEMENT ", and "SIGN AND LANDSCAPE EASEMENT" together with any and all improvements erected therein or thereon (hereinafter referred to collectively as the"Common Areas")shall mean and refer to the real property,together with any improvements thereon, if any,owned by the Association,whether in fee,by easement or otherwise,for the common use and enjoyment by the Owners of Lots within the Subdivision. The Common Areas shall be maintained by the Association, or its successors in interest, unless dedicated to public use as • set forth herein. The Association shall comply with all Durham County and North Carolina ordinances with regard to said Common Areas. H. "OFF LOT SEPTIC AREA" shall mean and refer to lots IS,2S, 3S,4S, 5S, 12S, 13S, 14S, I5S, 16S, 17S, 18S, 19S,20S and the 20' SEPTIC AREA ACCESS EASEMENT as depicted on the recorded plats of the Subdivision. I. "SEPTIC FORCE MAIN AREA" shall mean and refer to the 15' private septic force main easement(utility easement)situated on the front of lots 1 —20 and within the 20' Well,Septic Area and Open Space Access Easement and the 20' Septic Area Access Easement. J. "Contract Seller" or "Builder" shall mean and refer to an Owner who purchased a Lot for resale and is not an occupant of any improvements thereon. K. "Declarant"shall mean and refer to TEAGUE-HANKINS DEVELOPMENT,CORP.,a North Carolina corporation, its successors andlor assigns. L. "Declarant's Property" shall mean and refer to the property described in Article V, Paragraph B of the Declaration as"Declarant's Property". M. "Lot"shall mean and refer to any plot of land, with delineated boundary lines, shown on any recorded subdivision map or plat of the Properties,with the exception of any Common Areas owned in fee or by easement or otherwise by the Association, and with the exception of any off lot septic areas, and with the exception of any street rights-of-way shown on any such recorded subdivision map or plat of the Properties. N. "Member" shall mean and refer to every person or entity who holds membership in the Association. O. "Membership"shall mean and refer to all of the Members of the Association. P. "Owner" shall mean and refer to a person or entity who is a record owner of a fee interest in any Lot which is a part of the Properties, including Contract Sellers or Builders who own the Lot(and do not merely have it under contract). • 3 Q. "Property" or "Properties" shall mean and refer to the "Existing Property" described in Exhibit A to the Declaration and any additional property annexed into the Association pursuant to the terms and provisions of the Declaration. R. "Street" shall mean and refer to any street, road, drive, highway or other thoroughfare as shown on any recorded map or plat of the Properties. S. "Subdivision"shall mean and refer to the KEENELAND MANOR SUBDIVISION located to the south of Stagecoach Road between Farrington Road and North Carolina Highway 751, near the City of Durham, Triangle Township, County of Durham, State of North Carolina, together with any additions thereunto annexed by the Declarant pursuant to the terms and provisions of the Declaration. ARTICLE II SUBJECTING ADDITIONAL PROPERTY TO THE DECLARATION A. Additions to the Properties by Declarant. The Declarant shall have the right to annex into and bring within the scheme of the Declaration additional properties which are located within any phase of KEENELAND MANOR SUBDIVISION,or any other property which is contiguous at any point with the Property or any additions to the Property. A public road,railroad, utility right-of-way, or buffer dividing two properties shall not be deemed to deprive them of contiguity. B. Method of Making Additions(Annexation). Additions to the Property shall be made by filing for record in the Office of the Register of Deeds of Durham County, North Carolina a Supplemental Declaration of Covenants, Conditions and Restrictions (the "Supplemental Declaration") with respect to the additional property, which said Supplemental Declaration shall describe the property being annexed. Such Supplemental Declaration(s) may contain such additions and modifications of Article VIII of the Declaration as may, in the sole discretion of Declarant, be necessary to reflect the different character of the added properties. In no event, however, shall such Supplemental Declaration(s) revoke, modify or add to the Restrictions established by the Declaration with respect to the Properties already subject to the Declaration, except to grant the Owners of Lots then subject to the Declaration limited rights with respect to such additional properties (changes to assessments brought about by such addition shall be deemed not to be a revocation,modification or addition of the Restrictions). C. Future Additions of Common Areas. Future Common Areas may be added to the scheme of the Declaration and included within the Properties subject to the jurisdiction of the Association, although there is no obligation to do so, and no representations are made with • respect to any such additions. Such Future Common Areas will be deeded to the Association by Declarant. • D. Additions by Others. So long as Declarant is a Class B Member, additions may be made by any other Owner who, with the approval of the Declarant and the Board of directors, which approval may be withheld in their sole discretion,desires to add such property located within the boundaries of the Subdivision to the scheme of the Declaration and to subject it to the jurisdiction of the Association. When Declarant ceases to be a Class B Member, such additions may be made upon approval by two-thirds(2/3) majority vote of the Members who are entitled to vote. Such approval by the Declarant, Board of Directors and, if required, the Membership,shall be evidenced by a certified copy of a resolution of approval recorded in the Office of the Register of Deeds of Durham County,North Carolina. 4 • ARTICLE III ARCHITECTURAL CONTROL A. Architectural Control for Lots I -20. • 1. Until such time as Declarant shall no longer be a Class B Member of the Association, no dwelling or other structure or other improvements (the"Improvements")shall be erected, placed or altered on any of Lots 1 -20 in the Properties, or in any addition thereto, until the Improvement's plans and specifications for such Lot and the Lot plan for such Lot (showing the location of such Improvements on the Lot) and the Landscaping Plan for such Lot(collectively, the"Plans")have been approved in writing by the Declarant as to conformity witli the Restrictions, quality, materials and as to conformity and harmony of external design with existing(and approved or proposed)Improvements in the Properties, and as to location of the improvements with respect to topography and finished ground elevation. Such written approval from the Declarant must be obtained prior to commencing clearing, grading or construction of any kind on a Lot, All Improvements shall comply with the plans as presented unless changes are approved in writing by the Declarant. The written approval of Declarant shall also be required prior to erecting, placing or altering mail boxes,signs and newspaper boxes upon any lot. All roof pitches for a dwelling, garages, out buildings and fences on any Lot must be approved by Declarant. Anything herein to the contrary notwithstanding, during the initial development of the Properties, Declarant may limit its review to a review of a typical set of Plans and Specifications and Materials for the proposed residence type proposed by a Contract Seller or a Builder to be built within the Subdivision, and, upon Declarant's written approval of such typical Plans, Specifications, and Materials, residences may be constructed in the Subdivision consistent with such approved Plans, Specifications, and Materials without the requirement of further review by the Declarant. Only Builders approved by Declarant shall be used to construct homes in the development. Declarant reserves the right to require that the Builder of each residence in the Subdivision is a member of the then current approved Builder Team for the Development. 2. Upon or prior to the date upon which Declarant shall cease to be a Class B Member of the Association, the Declarant shall form an "Architectural Review Committee" for the Properties (herein referred to as the "Committee"), which said Committee shall be composed of three (3) members appointed by the Declarant. The initial three (3) members of the Committee shall serve until the annual meeting of the Association next immediately following the date of such appointment by the Declarant. Thereafter the members of the Committee shall be appointed by the Board of Directors of the Association, each such member to serve for a term of one (1) year, said term to expire upon the date of the annual meeting of the Association. Each member of the Committee shall have one (1) vote and a majority vote of the Committee shall be required to • constitute Committee action on any issue brought before the Committee. So long as Declarant is a Class B Member, all Improvements and placement of Improvements by Builders and/or Contract Sellers shall require the approval of the Declarant. All improvements and placement of Improvements by Lot Owners subsequent to the transfer of ownership of a house from a Builder/and or Contract Seller will require the approval • of the Architectural Committee. So long as Declarant is a Class B Member, Declarant reserves the right to approve or reject any guidelines and/or approvals of the Committee. Upon the date upon which Declarant shall no longer be a Class B Member of the Association,the Committee shall assume and be responsible for all of the approvals and responsibilities set forth in subparagraph 1 of paragraph A of this Article with regard to Architectural Control within the Properties, provided, however, that the Declarant shall retain the exclusive right to approve all initial dwelling,and lot improvements including, but not limited to, house location, landscape plan and initial exterior colors and materials 5 • on the dwelling, including improvements to Lot 21, until the last dwelling in the Subdivision is approved and constructed. Upon approval by the Committee of the Plans as herein provided,the Committee shall evidence its approval in writing by memorandum or directly upon such Plans and the applicant Owner may then commence construction in accordance with such plans. The Committee shall approve or reject in writing any Plans within thirty(30)business days after the receipt of the submitted Plans. B. Architectural Control for Lot 21. Until such time as Declarant shall no longer be a Class B Member of the Association, no dwelling or other structure or other improvements (the "Improvements") including, but not limited to, barns, fencing and out buildings shall be erected,placed or altered on Lot 21 until the Improvements' plans and specifications for such Lot and the Lot plan for such Lot(showing the location of such Improvements on the Lot)and the Landscaping Plan for such Lot(collectively, the "Plans") have been approved in writing by the Declarant as to conformity with the Restrictions, quality, materials and as to conformity and harmony of external design with existing (and approved or proposed) Improvements in the Properties, and as to location of the improvements with respect to topography and finished ground elevation. Such written approval from the Declarant must be obtained prior to commencing clearing, grading or construction of any kind on a Lot. All Improvements shall comply with the plans as presented unless changes are approved in writing by the Declarant. The written approval of Declarant shall also be required prior to erecting or placing signs upon the lot. All roof pitches for a dwelling and/or garage or other structure on Lot 21 must be approved by Declarant. C. Limitation of Liability. No approval of Plans by Declarant or by the Committee shall be construed as a representation, warranty or implication that the Improvements, if built in accordance therewith, will be free from defect's, shall meet applicable codes and laws,or will • be built in a good and workmanlike manner. Any approvals of the Declarant'or of the Committee shall be concerned solely with matters of aesthetics and the satisfaction of the requirements set forth in the Declaration. None of the Declarant, the Association, the Committee, the Board of Directors, or the officers of Members of the Association, shall be liable or responsible to anyone submitting Plans for approval for any loss or damage arising out of or related to the approval, disapproval or failure to approve any such Plans, the noncompliance of such Plans with applicable codes and laws, or the construction undertaken pursuant to such Plans. Approval of the Plans by Declarant or by the Committee shall not be construed as approval of any Plans, or as an indication of approval of any Plans, by the governmental authorities of Durham County, North Carolina or any other federal, state or local agency. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION A. Membership. 1. Every person or entity who is a record Owner of a fee interest in any Lot which is a part of the Properties, including Contract Sellers or Builders who own the Lot(and to not merely have it under contract), shall be a Member of the Association (herein referred to as a "Member" or collectively as "Members"). The foregoing is not intended to include persons or entities who hold an interest in a Lot merely as security,unless such'persons or entities acquire title to a Lot through judicial or non- judicial foreclosure,deed in lieu of foreclosure,or other action. 2. Membership in the Association shall be appurtenant to and shall not be separated from ownership of a Lot. Ownership of a Lot shall be the sole qualification for Membership. When more than one(1) person holds an interest in any Lot, all such persons shall be Members, but the vote for such Members shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast 6 with respect to any such Lot owned by Class A Member,and in no event shall more than twenty-one(21)votes be cast with respect to any such Lot owned by the Class B Member in KEENELAND MANOR SUBDIVISION. See Paragraph C of this Article IV Entitled"Voting Rights". 3. Notwithstanding the forgoing,the Owner(s)of Lot 21,other than the Declarant,shall not have any right to vote at any Association meetings on matters which do not directly impact Lot 21. B. Classes. There shall be two(2)classes of voting Members: 1. The Class A Members shall be all those owners other than the Declarant. 2. The Class B Member shall be the Declarant, its successors and/or assigns. Class B Membership may cease and be converted to Class A Membership at the option of the Class 13 Member,by its written notice to the Secretary of the Association. Subject to the provisions of Subsection 3 of this Paragraph B of this Article IV. Class B Membership shall cease and be converted to Class A Membership, without further act or deed, upon the date ten (10)years from the date upon which the Declaration shall be recorded in the Office of the Register of Deed of Durham County, North Carolina. 3. Notwithstanding a conversion of the Declarant, its successors and/or assigns to a Class A Member or the cessation of the Class B Membership due to the expiration of the ten(10)year period hereinabove described, in the event Declarant, its successors and/or assigns,thereafter acquires or adds additional Lots to the Properties such that Declarant, its successors and/or assigns, would, according to Subsection 2 of this • Paragraph B of this Article IV, be entitled to Class B Membership, Declarant, its successors and/or assigns, shall thereupon be reestablished as and converted to a Class B Member of the Association, with all of the benefits and burdens pertaining thereto. C. Voting Rights. 1. Class A Members shall be entitled to one (1) vote for each Lot owned, as modified by Article IV,Paragraph A3. 2. The Class B Member shall be entitled to TWENTY-ONE (21) votes for each Lot owned by the Class B--Member-in-KEENELAND-MANOR SUBDIVISION(whether or not such Lot is under contract to a Contract Seller or Builder). 3. No cumulative voting shall be permitted. 4. Only those Members who are in good standing with the Association may vote. • • ARTICLE V ADMINISTRATION AND MANAGEMENT A. Governing Documents. The administration of the Properties shall be governed by the provisions of the Declaration, the Articles of Incorporation(the"Articles"), the By-Laws of the Association(the "By-Laws"), and the published rules and regulations of the Association (the"Rules"), if any. In the event of a conflict between the provisions of the Declaration and the Articles and the By-Laws and the Rules, the provisions of the Declaration shall control. In the event of a conflict between the provisions of the Articles and the By-Laws and the Rules, the Articles shall control. In the event of a conflict between the By-Laws and the Rules,the By-Laws shall control. B. Management of the Association/Board of Directors. The affairs of the Association shall be managed by an Initial Board of two (2) Directors who need not be Members of the 7 • Association and who shall be elected by the Declarant. The persons who are to act in the capacity as the Initial Directors of the Association until the selection of their successors are: Thomas C. Hankins and Charles W.Teague,Jr. I. The number of Directors of the Association shall be two (2)and shall be elected by the Declarant (Class B Member) for so long as the Declarant shall own any Lot which is subject by the provisions of this Declaration, or as this Declaration may be amended, to assessment by the Association or owns any real property which is adjacent to and adjoins any Lot which is subject by the provisions of this Declaration, or as this Declaration may be amended, to assessment by the Association and which the Declarant shall annex into the Association pursuant to the terms and provisions of this Declaration,as may be amended(hereinafter referred to as the "Declarant's Property"). Thereafter the number of Directors of the Association shall be increased to three (3), said three (3) Directors to be elected by the Members at a special meeting of the Members of the Association called by the Declarant within sixty (60) days next immediately following the date upon which Declarant shall own no "Declarant's Property". At such special meeting of the Members of the Association the Members shall elect one(1)Director to serve a term of one (1) year, two (2) Directors to serve a term of two (2) years. The annual meeting of the Members of the Association shall be held each year thereafter on the anniversary of the aforedescribed special meeting, unless such date shall fall on a legal holiday,and in such case,on the next business day immediately following such legal holiday. 2. At each annual meeting of the Association after the first annual meeting the • Members shall elect the number of Directors needed to fill the vacancy or vacancies created by the Director or Directors whose term(s)is/are expiring,to serve for a term of three (3) years (except in the case of the initial election of a Director, in which • case the term of that Director may be shortened to provide for the staggering set forth in this Article, or in the case of the filling of a vacancy, in which case the Director elected to fill the vacancy shall be elected for the unexpired term of the Director whose vacancy is being filled). The term of office of the Directors shall be staggered so that, except for an election to fill a vacancy or to fill a newly created directorship, the terms of not less than one nor more than two Directors shall expire at each annual meeting of the Members of the Association. Each Director shall hold office until his/her death, resignation, retirement, removal or disqualification, or until his/her successor is elected and qualified, whichever event shall first occur. Directors need not be Members of the Association. 3. After the date upon which the Declarant shall no longer own any "Declarant's Property" as heretofore described in this Article, the Members of the Association may, by a majority of the votes cast at any duly called annual or special meeting of the Members at which a quorum is present, increase or decrease the number of Directors of the Association, provided, however, that the number of Directors shall not be increased to more than five (5) or decreased to less than three (3) without amendment of the By-Laws of the Association. 4. So long as the Declarant is a Class B Member, all Directors of the Association shall be elected by the Class B Member. So long as the Declarant is not a Class B Member,all Directors of the Association shall be elected by the Class A Members. C. Rules and Regulations of the Association. The. Declarant, and the Association if the Declarant shall no longer own any"Declarant's Property",shall have the right to publish rules and regulations for the Association regarding use and enjoyment of the Common Areas and the use of the Lots within the Subdivision and may enforce such rules and regulations by establishing a monetary penalty to be imposed for violation of such rules and regulations by persons who violate such rules and regulations. 8 • D. Declarant's Property. Declarant's property shall refer to any lots in Tract One as described in Exhibit A,as to which Declarant still holds legal title. ARTICLE VI PROPERTY RIGHTS IN THE COMMON AREAS A. Extent of Member's Easements. Except as provided in Paragraph D below, Members,their families and guests, are hereby granted a blanket easement to use and enjoy the Common Areas, if any, for recreational, social and other purposes directly related to private single- family residential uses authorized herein,subject to the following: I. The Association shall have the right to promulgate and publish rules and regulations (the "Rules") with which each Member, their families and guests, shall strictly comply. 2. The Common Areas, if any, shall not be used for other than intended purpose(s) • specified on the recorded plats of the Subdivision, if any. For example, there shall be no activity allowed on the Off Lot Septic Area which could potentially harm any of the septic systems in the Off Lot Septic Area. 3. The Declarant and the Association, in accordance with the Articles of Incorporation of the Association and the By-Laws of the Association,shall have the right to borrow money for the purpose of improving, renovating, repairing and reconstructing the Common Areas-with the written consent of the Class B Member(for so Iong as the Class B Member shall own any "Declarant's Property"), together with the written consent of sixty-seven percent(67%)of the Class A Members entitled to vote. Such vote shall be in person or by proxy on such matter at a meeting of the Members called for such purpose, written notice of which shall be given to all Members at least thirty(30)days in advance and shall set forth the purpose of the meeting,to wit: to mortgage all or any part of said Common Areas as security for such loans. B. Personal Property for Common use. The Association may acquire and hold in the name of the Association for the use and benefit of all Members, tangible and intangible, real or personal property,and may dispose of the same by sale or otherwise. C. Maintenance and Upkeep of Common Areas and Personal Property and Compliance with County/State Ordinances. I. The Association shall be responsible for the continued maintenance, upkeep and repair of any and all Open Space and Common Areas and all personal property owned by the Association for common use by the Members and shall be responsible for any and all costs and expenses associated therewith,except as modified,herein. 2. The Association shall comply with any and all Durham County and/or State of North Carolina subdivision ordinances regarding the maintenance, use, upkeep and repair of the Common Areas, including but not limited to, any special "Watershed Zoning Restrictions". Undeveloped Common Areas shall be retained in a vegetative or natural state in accordance with such ordinances and or zoning restrictions. For purposes of this subparagraph,the term Common Areas shall mean and refer to any "OPEN SPACE 1, 2, and 3", "SIGN AND LANDSCAPE EASEMENTS" and "SEPTIC AREAS & ACCESS (not on individual lots)" as shown and depicted on any plat and/or map of the KEENELAND MANOR SUBDIVISION now or hereafter recorded in the Office of the Register of Deeds of Durham County, North Carolina. D. Lot 21 Rights. The Owners of Lot 2I shall have no right to use any of the Common Areas without the written approval of the Declarant. 9 ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENT A. Creation of Lien and Personal Obligation of Assessment. Declarant, for each Lot within the Properties, hereby covenants, and each Owner of any Lot by acceptance of the deed therefor, whether or not it shall be so expressed in the deed to such Owner,covenants and agrees to pay to the Association all assessments set forth herein and/or established by the Association, and with respect to the enforcement of payment of such assessments, hereby consents to the lien established herein. Such assessments shall be fixed, established and collected from time to time as provided in the By-Laws of the Association. The Annual and Special Assessments, together with such interest thereon and costs of collection therof, including reasonable attorney's fees, shall be a charge upon the Lot and a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest, reasonable attorney's fees and costs of collection thereof, shall be a personal obligation of the Owner of the Lot at the time when the assessment falls due. Such personal obligation shall not pass to the Owner's successors in title unless expressly assumed by them. The Owner(s) of Lot 21 shall not be required to pay any annual and/or Special Assessments and/or Capital Contribution other than any fines or assessments imposed for violating these covenants. B. Purpose of Assessments. The assessments (both Annual Assessments and Special Assessments, if any) levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, enjoyment and welfare of the residents in the Properties, and in particular for the improvement,'reconstruction, repair, maintenance and . upkeep of the Common Areas, and any other purpose reasonable, necessary or incidental to such purposes as determined by the Board of Directors. Special Assessments shall be fixed as hereinafter provided. The Annual Assessment shall be set each year by the Board of Directors, and, subject to the terms and provisions of Paragraph E hereof, all assessments must be fixed at a uniform rate for all lots. Declarant shall not be required to pay any Annual Assessments for so long as Declarant shall own any "Declarant's Property". Within thirty (30) days after adoption of any proposed budget for the Association and after the Declarant no longer owns any"Declarant Property," the Board shall provide to all the Owners a summary of the budget and a notice of the meeting to consider ratification of the budget, including a statement that the budget may be ratified without a quorum. The Board shall set a date for a meeting of the Owners to consider ratification of the budget,such meeting to be held not less than ten(10)nor more than sixty(60)days after mailing of the summary and notice. There shall be no requirement that a quorum be present at the meeting. The budget is ratified unless at the meeting a majority of all the Owners or any larger vote specified in the Declaration rejects the budget. In the event the proposed budget is rejected,the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. C. Annual Assessment for Off Lot Septic Area. The Association shall be responsible for the maintenance and upkeep of the"OFF LOT SEPTIC AREA"as depicted on the recorded plats of the Subdivision, including but not limited to mowing, brush removal and obtaining an annual inspection of each septic disposal field contained within the confines of the"OFF LOT SEPTIC AREA" and the inspection of the corresponding septic tank and pump to each of these fields. In addition, the Association shall be responsible for maintaining and repairing any of the individual sewer collection lines,French drain systems, and access road contained within the Septic Force Main Area. The costs of this maintenance and inspection shall be borne by the Owners of the fourteen(14)lots served by the"OFF LOT SEPTIC AREA"and the Association shall bill each such Owner within fifteen(15)days of the annual inspection of the septic fields/systems for each Owner's share of such costs. Such Owners shall pay such 10 assessments within fifteen (15) days of receipt of the bill from the Association. The cost to repair individual pumps,septic tanks and individual waste water disposal fields which service a particular Lot shall be the exclusive responsibility of the individual homeowner of such Lot. Repairs to the lines within the Septic Force Main Area will be the responsibility of the Association; provided, however, that any Lot owner who himself or through his agents damages the sewer lines in the Sewer Force Main Area shall be responsible for the cost of repairing such damages. D. Capital Contribution. The purchaser of each Lot in the Subdivision(excluding Lot 21), shall pay to the Association at the closing of the purchase of such Lot the sum of Two Hundred and Fifty and No/100 Dollars ($250.00) per Lot purchased, said sum to be deposited by the Association in its bank account for use as working capital for the Association. This initial capital contribution of Two Hundred and Fifty and No/100 Dollars($250.00)per Lot shall be deemed an assessment pursuant to the terms and provisions of this Article VII and shall be a charge upon the Lot and a continuing lien upon the Lot until paid and shall be enforceable as an assessment pursuant to the terms and provisions of this Article VII. E. Basis of Annual Assessment. 1. The Annual Assessments shall be based upon the cash requirements, as the Board of Directors shall from time to time determine,necessary to provide for the payment of all estimated expenses arising out of or connected with the purposes of the assessments as stated in Paragraph B of this Article. 2. The maximum Annual Assessment for any Lot shall be One thousand and No/l00 Dollars($1,000.00)per year. This maximum assessment is in addition to the annual assessment for the OFF LOT SEPTIC AREAS contained in Article VII, Paragraph C. The maximum maybe changed as follows: a. The maximum Annual Assessment may be increased each calendar year by not more than ten percent (10%) above the maximum Annual Assessment for the previous year without a vote of the Membership. b. The Board of Directors may, from time to time, fix the Annual Assessment at any amount less than or equal to the maximum without a vote of the Membership. c. A majority of the votes cast by the Members(Class A Members and Class B Members) voting in person or by proxy on such matters at a meeting called for such purpose, written notice of which shall be given to all Members at least thirty(30) days in advance setting forth the purpose of the meeting, shall be required to increase the maximum Annual Assessment for any one year more than the percentage set forth in subparagraph a above. For so long as the Declarant shall own any "Declarant's Property", no such increase in the maximum Annual Assessment by the Membership shall be effective unless and until Declarant shall have given written consent thereto. The Members shall have no power to require Declarant to pay any Annual Assessment as to any Lot or Lots owned by Declarant for so long as Declarant shall own any"Declarant's Property". F. Date of Commencement of Annual Assessments.. Annual Assessments shall be imposed on the Lots owned by Owners other than Declarant and Lot 21 from and after December 31, 2007 and shall be paid by the Owners and collected by the Association in advance each year. Annual Assessments shall be paid, and collected annually, on or before March 15 of each year. Subject to the provisions of Paragraph E below,Annual Assessment for a Lot owned by an Owner other than a Contract Seller or Builder, shall commence beginning on the first day next immediately following the date upon which such Owner shall have closed (shall have taken title to)upon the purchase of such Lot,prorated for any portion of the year remaining. 11 G. Discounted Annual Assessments Prior to Initial Occupancy. The Annual Assessment(but not Special Assessments) on any Lots(s) within the Properties owned by a Contract Seller or a Builder(whether with or without improvements, but if the respective Lot has improvements, only if the improvements are not occupied by the Contract Seller or the Builder) shall be assessed at one-half (1/2) of the Annual Assessment rate. Annual Assessments at the discounted Annual Assessment rate for any such Lot owned by a Contract Seller or Builder shall begin on the date such Contract Seller or Builder shall close on the purchase of such Lot and shall continue until the day of the month on which such Contract Seller or Builder shall have sold(transferred title to)such Lot to a homeowner. Each such Lot owned by a Contract Seller or a Builder who owns more than one Lot within the Properties shall be assessed separately from the other Lots(s)owned by such Contract Seller or Builder. H. Special Assessment for Capital Improvements. Upon the affirmative vote of the Class B Member(for so long as Declarant shall own any"Declarant's Property")and a majority of the Class A Members voting in person or by proxy at a meeting called for such purpose, written notice of which shall be given to all Members at least thirty(30)days in advance setting forth the purpose of such meeting,the Association may levy,in addition to the Annual Assessments hereinabove described, one or more Special Assessments in any calendar year applicable to that year only, for the purpose of defraying in whole or in part the costs of construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including but not limited to, necessary fixtures and personal property related thereto. Any such Special Assessment shall be levied equally on the Lots owned by Owners other than the Declarant. Declarant shall not be required to pay any Special Assessments. Any Special Assessment so levied shall be payable in accordance with the terms set forth in the motion approving such Special Assessment. • I. The Effect-of Non-Payment of Assessments: Remedies of the Association. Each Owner, other than Declarant, shall be deemed to covenant and agree to pay to the Association the assessments (both Annual Assessments and Special Assessment) provided for in the Declaration, and each agrees to the enforcement of the assessments in the manner herein specified. If any Annual Assessment or Special Assessment owned by an Owner shall not be paid within ten(10) days next immediately following the due date for such assessment, such delinquent Owner shall pay to the Association interest on the delinquent amount from the date of delinquency (the due date of the assessment) through the date of payment equal to the • highest rate of interest per annum by law allowed on such delinquent amount. Should any Owner's check for any assessment be returned by such Owner's financial institution because of insufficient funds in such Owner's account,then in such event,such Owner shall pay to the Association an administrative fee in the sum of$25.00 for each such check returned, said administrative fee to be in addition to any assessment and accrued interest due from such Owner to the Association. In the event the Association employs attorneys for collection of any assessment against an Owner,whether by suit or otherwise,or to enforce compliance with or specific performance of the terms and conditions of the Declaration by an Owner, each such Owner agrees to pay interest on all delinquent amounts from the date of the delinquency through the date of payment equal to the highest rate of interest per annum by law allowed on such amount, together with reasonable attorney's fees and cost thereby incurred, as well as, any other amounts due and any other relief or remedy obtained against said Owner,including reasonable attorney's fees and court costs and expenses incurred thereby. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or by abandonment of his/her Lot. In the event of a default in payment of any such assessment when due, the assessment shall be deemed delinquent if not paid within ten (10) days, and, in addition to any other remedies herein or by law provided, the Association may(i)prohibit the Owner,the members of the Owner's family and any quests or any tenants of the Owner from using any Common Areas, and (ii) enforce each such obligation in any manner provided by iaw or in equity, specifically including but not limited to, any of the following: 1. Enforcement by Suit. The Board of Directors may cause a suit at law to be commenced and maintained in the name of the Association against an Owner to 12 enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the highest rate by law permitted from the date of delinquency,administrative fees,court costs and reasonable attorney's fees. • 2. Enforcement by Lien. To the full extent permitted by law,there is hereby created a lien,with power of sale, on each Lot within the Properties to secure payment to the Association of any and all assessments levied against all Owners of such Lots under the Declaration, together with interest thereon at the highest rate by law provided from the date of delinquency and all costs of collection which may be paid or incurred by the Association in connection therewith, including administrative fees and reasonable attorney's fees. At any time after the occurrence of any default in the payment of any assessment the Association, or any authorized representative of the Association,may,but shall not be required to,make a written demand for payment to the defaulting Owner on behalf of the Association. Said demand shall state the date of the assessment was due and the amount of delinquency. Each default shall constitute a separate basis for a demand or claim of lien, but any number of defaults may be included within a single demand or claim of lien. If such delinquency is not paid within ten(10)days after delivery of such demand, the Board of Directors may elect to file such a claim of lien in the appropriate State and/or Durham County offices (i.e., Office of the Clerk of Superior Court and/or Office of the Register of Deeds of Durham County, North Carolina) on behalf of the Association against the Lot of the defaulting Owner. Such a claim of lien shall be executed and acknowledged by any officer of the Association, or an agent or attorney designated by the Board,and shall contain the following information: a. The name of the-delinquent Owner; b. The legal description and street address of the Lot against which claim of lien is made; c. The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, administrative fees, collection costs and reasonable attorney's fees; d. That the claim of lien is made by the Association pursuant to the Declaration for non-payment of annual and/or special assessment(s);and e. That a lien is claimed against said Lot in an amount equal to the amount stated, plus accruing interest and costs, including reasonable attorney's fees. Upon the recordation of a duly executed original or copy of such a claim of lien and the mailing a copy thereof by certified mail,postage prepaid,to said defaulting Owner at the last know address of said Owner on the books of the Association,the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Lot against which such assessment was levied and such Iien shall have priority over all liens or claims created subsequent to recordation of the claim of lien thereof, except only tax liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal, county or other governmental assessment unit, and the liens which are hereinafter specifically described in Paragraph J hereinbelow. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a deed of trust as set forth by the laws of the State of North Carolina,as the same may be changed or amended. The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Owners. The Association shall have the power, but not the obligation, to bid in at any foreclosure sale and to purchase any such Lot and to hold, lease, mortgage and convey any such Lot purchased. In the event such foreclosure is by action in court, reasonable attorney's fees, court costs, title examination fees,interest and all other costs and expenses incurred in such foreclosure by the Association, shall be allowed to extent permitted by law. EACH OWNER, BY 13 BECOMING AN OWNER IN THE PROPERTIES, HEREBY EXPRESSLY WAIVES ANY OBJECTION TO THE ENFORCEMENT AND FORECLOSURE OF THE LIEN IN THIS MANNER. J. Subordination of the Lien to Mortgagees. The liens provided for herein shall be subordinate to the lien of any first mortgage or first deed of trust on a Lot. Sale or transfer of any Lot shall not affect the lien for delinquent assessments; however, the sale or transfer of any Lot pursuant to a foreclosure of a first mortgage or first deed of trust,or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessment as to the payment thereof which became due prior to the date of such conveyance. No such sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but the liens provided for herein shall continue to be subordinate to the lien of any first mortgage or deed of trust. Any such foreclosure of a Lot shall not extinguish the personal obligation of the Owner against whom such foreclosure proceeding was brought to pay any and all assessments due for such Lot. ARTICLE VIII RESTRICTIONS ON USE AND MAINTENANCE OF PROPERTY A. Use Restrictions for Lots 1 through 20 inclusive. Except as may be modified by a Supplemental Declaration with respect to another phase of the Subdivision, the following Restrictions and Covenants shall be applicable to the use of any Property subject to the Declaration,excluding Lot 21; • 1. Land Use and Building Type -Residential Purposes Only. Expect for the Common Areas, no Lot on the Properties shall be used for any purpose other than single- family residential purposes, unless otherwise shown on the recorded plats/maps of the Subdivision. Such restriction shall not prohibit the maintenance and occupancy of any model homes, temporary sales trailers or offices, or temporary construction trailers on the Lots, subject to the prior approval of the Declarant. Subject to the foregoing,no buildings shall be erected or allowed to remain on any Lot except one (1) detached, single-family dwelling not exceeding three (3) stories in height (exclusive of basement and attic), a private attached garage for not more than three (3)cars and/or a detached garage for not more than two(2)cars, and a storage shed or workshop approved by the Declarant (or by the Architectural Review Committee if Declarant shall no longer own any "Declarant's Property"). Except as specified above, no mobile homes, trailers, manufactured homes or modular homes shall be erected or allowed to remain on any Lot in the Subdivision. No carport shall be erected or allowed to remain on any Lot. 2. Resubdivision of Lots. No Lot shall be resubdivided except with the written consent of the Declarant (or of the Association if the Declarant shall not own any "Declarant's Property"). 3. Nuisances. No nuisance or noxious or offensive activity shall be carried on or upon the Properties or any part thereof or on any Lot, nor shall anything be done or maintained thereof which may disturb the neighborhood or occupants of adjoining property,or detract from its value as an attractive residential community. No portion of a Lot shall be used for business,manufacturing or commercial purposes,nor shall any merchandise be kept or allowed to remain on a Lot for commercial purposes. ' Each Owner shall maintain his or her buildings, improvements, landscaping and grounds in a safe,clean and orderly fashion. 4. Animals. No birds, animals, livestock or poultry of any kind shall be raised,bred or kept on any part of the Properties or any part thereof or on any Lot, excepts that dogs,cats or other household pets may be kept,bred or raised solely as domestic pets 14 • and not for commercial purposes. Such domestic pets shall be kept under the control of the Owner of such pets or his/her guests. The Owner of any pet shall immediately remove excrement deposited by said pet upon the Streets and/or the sidewalks and/or the Common Areas and/or the Lots in the Subdivision. Habitual barking, howling, yelping or otherwise noisy pets shall be deemed a nuisance. No horses or barnyard animals shall be kept or allowed to remain on any of the Properties or any part thereof or on any Lot at any time. 5. Dwelling Size. No dwelling shall be erected or allowed to remain on a Lot if the heated floor area of the main structure, exclusive of open porches and garages, shall be less than Three Thousand (3,000) square feet. The Declarant, in its sole and absolute discretion,may grant a variance of up to ten percent(10%)of the minimum dwelling size. 6. Building Setbacks. Unless prior written approval is obtained from the Declarant,no dwelling shall be erected on any Lot so that the front of the dwelling is nearer to the front lot line of said Lot than sixty(60)feet;nor nearer to the rear lot line of said Lot than twenty-five(25) feet; nor nearer to either side lot line of such Lot than ten(10) feet; provided, however, that on corner Lots the dwelling may face either street or may face the corner where said streets intersect but may not be located nearer than fifty (50) feet to one street and no nearer than thirty(30) feet from the other street. For the purposes of this covenant, eaves, steps, stoops, chimneys, uncovered decks not considered a structural part of the dwelling by the Durham County authorities, and uncovered entrances shall not be considered a part of the dwelling, provided, however, that this shall not be construed to permit any portion of a dwelling to encroach upon another Lot or upon any Common Areas. Should there be any differences between the minimum building set-backs requirements depicted on any. of the plats/maps of the Subdivision recorded in the Office of the Register of Deeds of Durham County, North Carolina and the minimum building setback requirements imposed in the Declaration, the more restrictive provision shall take precedence and shall control. 7. Utilities and HVAC Equipment. All water, sewer, gas, electric, telephone, television, cablevision and other utility lines and connections between the main utility lines and the dwelling and other structures located on each Lot shall be located underground and concealed so as not to be visible, except that septic tank lids shall be at a height per Durham County standards. Transformers,air conditioning,heating and other mechanical equipment on a Lot, including solar and other alternative energy devices,which said devices must be approved in writing by the Declarant or by the Architectural Review Committee should Declarant no longer own any "Declarant's Property", shall be either concealed within a screen or integrated with the building design of the dwelling on the Lot so as to be inconspicuous. Declarant or the Architectural Review Committee should Declarant no longer owner own any "Declarant's Property" shall determine whether or not any such integration is inconspicuous. 8. COMMON AREAS. No Owner or occupant shall remove or significantly alter any tree or landscaping in any street, right-of-way, or other part of the Common Areas unless permission in writing is first granted by the Association and unless and until permission in writing has been obtained from the appropriate Durham County governmental authorities,if such governmental permission is required. 9. Waste. No part of the Properties and no Lot shall be used or maintained as a dumping ground for rubbish, grass clippings, garbage or trash. Garbage and other waste shall be kept in sanitary containers. Except on the scheduled trash pick-up day(s), all containers for the storage or disposal of such materials shall be kept inside the residence or inside the garage or in an approved enclosure(such enclosure to be approved by Declarant or the Architectural Review Committee should Declarant no 15 longer own any"Declarant's Property"). Any such enclosure must be screened from view from the street or integrated with the building design so as to be inconspicuous. 10. Unauthorized Vehicles. Trucks with tonnage in excess of one (1) ton shall not be permitted to park or remain on any streets of the Subdivision or on the driveways on any Lot or on any Lot overnight, except that construction vehicles utilized in the construction or repair of the dwellings on the Lots may be temporarily.parked on the streets of the Subdivision and on the Lots provided such vehicles do not unduly interfere with the flow of traffic over said streets. No vehicle of any size which normally transports inflammatory or explosive cargo may be kept in the Subdivision at any time. No mobile home, other than a mobile home used as a temporary sales office or construction office for dwellings being constructed in the Subdivision,shall be place or allowed to remain on any Lot or on any of the Properties. No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, camper, equipment vehicle, tractor, travel trailer, trailer, truck (other than pick-up trucks), commercial vans, camper body or similar vehicle or equipment, or other vehicle (other than operable automobiles, sports utility vehicles and personal vans used only for personal use)may be parked or stored or allowed to remain in any area on a Lot except inside an enclosed building or behind screening, which said building or screening shall have been previously approved in writing by Declarant or by the Architectural Review Committee should Declarant no longer own any "Declarant's • Property", or as otherwise consented to in writing by the Declarant or said Architectural Review Committee. Any such vehicle or equipment must be stored on a Lot so as to be screened and not visible from the street of the Subdivision and the adjoining neighbors. The keeping of inoperable vehicles, with or without wheels,on any public street in the Subdivision or on any Common Areas in the Subdivision.is expressly prohibited. 11. Roofs. All roof pitches on any dwelling and/or garage on any Lot must be approved by the Declarant or the Architectural Review Committee should Declarant no longer own any"Declarant's Property". . 12. Driveways and Walkways. All driveways and walks on any Lot must be paved with concrete or brick. 13. Landscaping. All Lots on which a dwelling has been approved and built in accordance with the provisions of Article III of the Declaration shall be landscaped in accordance with landscaping plans approved by the Declarant (or by the Architectural Review Committee) in accordance with the provisions of Article III of the Declaration. All front yards are to be sodded through the front ditch line, to the • street, excluding appropriate natural areas. All sod shall be laid so as not to rise above the level of the asphalt and impede Street drainage as required by the North Carolina Department of Transportation ("NCDOT"). Each Owner will be responsible for the costs of any rework to such Owner's lawn and yard,including the area in front of the property owners lot in the DOT right of way, which may be required necessary for Declarant to obtain NCDOT's acceptance of the Streets in the Subdivision for permanent maintenance. Each Owner shall also be responsible for keeping their yard in a neat and orderly appearance, including but not limited to, mowing, weeding,pruning and including keeping the drainage ways in front of their lot in the NC DOT Right of Way maintained. 14. Signals. No radio signals, television signals or other form of electromagnetic radiation shall originate from any Lot which may unreasonably interfere with the reception of television or radio signals on any other Lot. 15. Antenna. No structure or facility for providing alternative sources or energy(such as solar, wind or bio-mass) or for television, cablevision, or other signal reception (such as antenna or satellite dish) shall be erected or allowed to remain on a Lot without the prior written permission of the Declarant or of the Architectural Review 16 • Committee should Declarant no longer own any "Declarant's Property"; however, small cable television satellite dish(es) having a diameter not exceeding eighteen (18) inches may be mounted on the dwelling on a Lot or placed on a lot without permission if, and only if, such dish(es)is/are mounted/placed in such manner as not to be visible from the Streets in the Subdivision. 16. Mail Boxes,Signs,Newspaper Boxes and Signs. No mail boxes or newspaper boxes or signs shall be placed, altered or allowed to remain on any Lot without the prior permission of the Declarant or of the Architectural Review Committee should Declarant no longer own any "Declarant's Property". All mailboxes shall conform to the approved mailbox style selected by Declarant for the Subdivision. 17. Temporary Structures. No structure of a temporary character or nature shall be erected or allowed to remain on any Lot, except for those provided for in Paragraph A.1 of this ARTICLE VIII. No basement(unless said basement is part of a dwelling erected at the same time the dwelling is erected), tent, shack, mobile home, barn or other outbuilding or temporary structure erected on a Lot shall be used as a residence either temporarily or permanently. 18. Fences and Walls. No fence, retaining wall or screening wall shall be erected or permitted to remain on any Lot closer to the front lot line of said Lot than the front of the dwelling erected on said Lot. In the case of a corner Lot where the dwelling faces one street any such fence, retaining wall and/or screening wall to be erected on the side of the Lot facing the other street(the"side street")shall be erected no closer to the side street line than that side of the dwelling facing said side street and any such fence, retaining wall and/or screening wall to be erected on the other side of said dwelling shall be no closer to the front lot line of said Lot than the front of the dwelling erected on said Lot. In the case of a corner Lot where the dwelling faces the intersection of the two streets any such fence, retaining wall and/or screening wall shall be erected no closer to either street than the front corners of the dwelling erected on said Lot. Chain link fences and chain link animal pens shall not be erected or permitted to remain on any Lot. All fences and walls to be erected on a Lot must be approved in writing by the Declarant or by the Architectural Review Committee should Declarant no longer own any"Declarant's Property". All fences and walls on Lots shall be maintained in good repair and in a clean, attractive manner and, if painted or.stained, shall be in a_,,color in harmony with the Subdivision. 19. Driveway Culvert Pipes. All driveway culvert pipes under any driveway servicing a Lot in the Subdivision shall be constructed of concrete reinforced pipe which meets or exceeds North Carolina Department of Transportation specifications and such pipe shall have each exposed end trimmed with stacked stone. 20. Accessory Building. No accessory buildings, including but not limited to, storage sheds and workshops, shall be placed or erected or allowed to remain on any Lot until the design and location of such accessory building has been approved in writing by the Declarant or the Architectural Review Committee should Declarant no longer own any "Declarant's Property". Any siding and roofing materials on such accessory buildings shall be consistent with that of the main dwelling situated on the Lot upon which the accessory building will be erected. B. Use Restrictions for Lot 21. 1. Land Use and Building Type — Residential, Recreation and Farm Use Only. No portion of Lot 21 shall be used for any purpose other than residential, recreation, and/or farm purposes, unless approved by Declarant. 2. Resubdivision of Lots. Lot 21 shall not be resubdivided except with the written consent of the Declarant(or of the Association if the Declarant shall not own any of "Declarant's Property"). 17 3. Nuisances. No nuisance or noxious or offensive activity shall be carried on or upon Lot 21, nor shall anything be done or maintained thereof which may disturb the neighborhood or occupants of adjoining property, or detract from its value as an attractive residential community. The Owner(s) of Lot 21 shall maintain his or her buildings, improvements, landscaping and grounds in a safe, clean and orderly fashion. Use as a horse farm shall not be considered a nuisance or noxious or offensive activity for the purposes of the restrictive covenants. 4. Animals. No pigs or poultry of any kind shall be raised, bred or kept on any part of Lot 21. Dogs, cats or other household pets may be kept, bred or raised solely as domestic pets and not for commercial purposes and horses and cattle may be kept, bred, or raised for commercial purposes. Such domestic pets shall be kept under the control of the Owner of such pets or his/her guests. The Owner of any pet shall immediately remove excrement deposited by said pet upon the Streets and/or the sidewalks and/or the Common Areas and/or the Lots in the Subdivision. Habitual barking,howling, yelping or otherwise noisy pets shall be deemed a nuisance. It is expressly acknowledged that horses and cattle may be kept, bred and/or raised for commercial purposes. 5. Building Setbacks. Unless prior written approval is obtained from the Declarant,no dwelling shall be erected on Lot 21 so that the front of the dwelling is nearer to the front lot line of said Lot than sixty(60)feet;nor nearer to the rear lot line of said Lot than twenty-five (25) feet; nor nearer to either side lot line of such Lot than thirty (30) feet. For the purposes of this covenant, eaves, steps, stoops, chimneys, uncovered decks not considered a structural part of the dwelling by the Durham _ . County authorities, and uncovered entrances shall not be considered a part of the dwelling,provided,however,that this shall not be construed to permit any portion of a dwelling to encroach upon another Lot or upon any Common Areas. Should there be any differences between the minimum building set-backs requirements depicted on any of the plats/maps of the Subdivision recorded in the Office of the Register of Deeds of Durham County, North Carolina and the minimum building setback requirements imposed in the Declaration, the more restrictive provision shall take precedence and shall control. 6. Waste. No part of Lot 21 shall be used or maintained as a dumping ground for . rubbish, garbage or ,trash. _,_Garbage, and other waste shall- be kept in sanitary containers. Except on the scheduled trash pick-up day(s), all containers for the • storage or disposal of such materials shall be kept inside the residence or inside the barns or garage or in an approved enclosure (such enclosure to be approved by Declarant. Any such enclosure must be screened from view from the street or integrated with the building design so as to be inconspicuous. 7. Landscaping. Lot 21 shall be landscaped in accordance with landscaping plans approved by the Declarant in accordance with the provisions of Article III of the Declaration. The Owner(s)of Lot 21 will be responsible for the costs of any rework to such Owner's lawn and yard which may be required necessary for Declarant to obtain NCDOT's acceptance of the Streets in the Subdivision for permanent maintenance. The Owner(s) of Lot 21 shall be responsible for keeping their grass and pastures mowed and in a neat and orderly appearance. They shall also be responsible for keeping the area along Stagecoach Road in front of Lot 21 mowed and free from trash.. 8. Signals. No radio signals, television signals or other form of electromagnetic radiation shall originate from Lot 21 which may unreasonably interfere with the reception of television or radio signals on any other Lot. 9. Antenna. No structure or facility for providing alternative sources or energy(such as solar,wind or bio-mass)or for television,cablevision,or other signal reception(such as antenna or satellite dish)shall be erected or allowed to remain on Lot 21 without 18 the prior written permission of the Declarant or of the Architectural Review Committee should Declarant no longer own any "Declarant's Property"; however, small cable television satellite dish(es) having a diameter not exceeding eighteen (18) inches may be mounted on the dwelling on the Lot or placed on the Lot without permission if,and only if, such dish(es)is/are mounted/placed in such manner as not - to be visible from the Streets in the Subdivision. 10. Fences and Walls. No fence or wall shall be erected or permitted to remain on Lot 21 without the express written permission of the Declarant. C. Easement to Repair and Maintain. If any Lot is not maintained, repaired and kept by the Owner(s) of such Lot in accordance with and in conformity with the terms and provisions contained in the Declaration, the Association is hereby granted an easement to enter onto and upon such nonconforming Lot and to perform and pay for such functions as may be necessary and/or required to bring such Lot into conformity with the terms and provisions of the Declaration, and to charge the Owner(s) of such Lot for the cost thereof, such cost being deemed to be an assessment hereunder, payable by the Owner within thirty (30) days after written demand therefore from the Association. D. Waiver of Violations. The Declarant, or the Architectural Review Committee should the Declarant no longer own any"Declarant's Property",shall have the power and right to waive any violation of the terms and provisions of the Declaration, such waiver to be in writing and to be recorded in the Office of the Register of Deeds of Durham County, North Carolina. Upon recordation of such waiver such violation shall be deemed thereafter not to exist. ARTICLE IX RESTRICTIONS ON USE OF PROPERTY BY DECLARANT Declarant hereby specifically excepts,excludes and reserves the following from each and every conveyance as if set out fully in each deed and instrument of conveyance executed and delivered by it to the Owner of a building site or living unit. A. Sales Activities. The Declarant shall have the right for itself, its successors and/or assigns, and the power to grant to one or more Contract Sellers or Builders the right to maintain sales and administration offices, construction offices or trailers and model homes with parking facilities on the Properties and to conduct sales activities and marketing therein and thereon, subject to approval by the appropriate Durham County zoning authority and/or its successor agency. B. Construction and Completion. The Declarant shall have the right, for itself, its successors and/or assigns, but not the obligation, (1) for itself, its successors and/or assigns, the power to grant to one or more Contract Sellers or Builders the right to construct and complete the construction of single-family residential homes, buildings, drives, lanes, road and all other improvements on the Properties; (ii) to repair and maintain the Common Areas; (iii) to use and excavate the surface and subsurface of the ground for the erection, construction and installation of improvements and foundations, footings,floorings and basements;(iv) to extend the drives, lanes, streets and roads located, or to be located, on the Properties: (v) to - lease or rent such residences; (vi) to sell, grant and convey title to purchasers such subsequently constructed residences; (vii) to use and occupy so much of the Properties as may be necessary for the construction,reconstruction, maintenance and operation of any of said residences, Lots and Common Areas and other improve- ments, including but not limited to,the right to locate, install, maintain and repair all utilities and utility lines necessary for such construction,reconstruction,maintenance 19 and operation; and (viii) to convey to any town, county, private utility company, water district,sanitary sewer district or other municipal or quasi-municipal or private corporation all sewer lines and mains and water lines and mains and pipelines and wells and affiliated structures constructed or to be constructed on the Properties, together with suitable easements and/or rights-of-way over said lines and sites for the required installation,maintenance,repair,replacement and operation thereof. C. Erosion Control. During site preparation and construction on a Lot, the Owner of such Lot (including Contract Seller and Builders) shall take such action to control erosion on such Lot and sedimentation of streams resulting from erosion on such Lot as may be required by the Declarant or by any governmental authority charged with responsibility therefor. If the Owner of such Lot fails to maintain such erosion and/or sedimentation controls on such Lot, the Declarant may cause the required action/work to be completed and charge the Owner of such Lot for all costs and expenses incurred by Declarant in completing such action/work, including but not limited to, court costs and reasonable attorney's fees incurred to collect such costs and expenses. D. Easements. Easements for installation, maintenance, repair, replacement and operation of utilities and drainage,facilities and for Subdivision entrance signs and landscaping are reserved as shown on the recorded plats/maps of the Subdivision and Declarant further reserves an easement for and the right at any time in the future to grant rights-of-way for the installation, maintenance, repair, replacement and operation of public and/or private utilities across, on or under each Lot at a distance of not more than ten (10) feet from the front, rear, and side lines of each Lot. Declarant further reserves the right to subject the Lots to a contract with a local • utility company for the installation of underground electric cables and or the installation.of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to said utility company by the Owner of each Lot in the Subdivision and/or by the Association. Declarant further reserves the right to subject the Lots to a contract with one or more cablevision and/or telephone • and/or gas companies for the installation of underground cablevision and/or telephone lines,and/or gas lines. ARTICLE X EASEMENTS AND RIGHTS A. General Easement. Declarant, for itself, its successors and/or assigns (for so long as • Declarant shall own any "Declarant's Property"), and the Association, reserves unto themselves,their successors and assigns,the perpetual right and easement to use the Common Areas and any Lot, or any portion thereof, as may be needed for the repair, maintenance and/or construction on such Lot or Common Areas. B. Drainage and Utility Easements. Each Owner acknowledges and covenants to honor and provide such easements for drainage and waterftow and utilities as are shown on the plats/maps of the Properties now or hereafter recorded in the Office of the Register of Deeds of Durham County, North Carolina. A perpetual, alienable easement of ingress, egress and regress is hereby reserved over and upon all Lots and on the Common Areas for the purposes of installation, repair, construction and maintenance of all utilities, including but not limited to, underground utilities and drainage facilities, provided, however, no new utility lines may be constructed or no existing utility line may be relocated without the prior approval of the Declarant or of the Architectural Review Committee should the Declarant no longer own any "Declarant's Property". Specifically included herein are easements for the location of under- ground and above-ground electric transmission lines and equipment, septic conduits, 20 telephone,cablevision lines and equipment and,gas lines, septic force mains and community water lines. C. Easements for Emergency Services. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services,to enter upon any Lot and the Common Areas in the performance of such emergency services. D. Additional Utility Easement. There is specifically (and in addition to the easements granted and/or reserved elsewhere in this Declaration) reserved unto the Declarant and unto the Association, their successors and assigns, a perpetual, alienable and releasable easement and right on,over and under the ground with men and equipment to erect,maintain, inspect,repair and use electric and telephone poles,wires,cables,conduits,sewers(both sanitary and storm), water mains, street lights and other suitable equipment for the conveyance and use of electricity, telephone equipment, sewer (both sanitary and storm), water or other public convenience or utilities on, in or over the Lots and the Common Areas;provided, further,that the Declarant and the Association, or their designee(s) may cut drainways for surface water whenever action may appear to the Declarant and/or the Association to be absolutely necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes, shrubbery, vegetation, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and maintenance and to maintain reasonable standards of health,safety and appearance. E. Easements Run With the Land. All easements and rights described in this Declaration are easements appurtenant,running with the land,and shall inure to the benefit of and be binding on the Declarant, its successors and assigns, the Association, its successors and assigns, and the Lot Owners, future Lot Owners, Mortgagees and other persons and/or entities having an interest in any Lot, or any part or portion thereof, regardless of whether or not reference to said easements is made in the respective deed of conveyance to such Lot Owner or in the mortgage/deed of trust to such Mortgagee. ARTICLE XI PROTECTION OF MORTGAGEES A. Book and Records. Any owner or holder of a first deed of trust or first mortgage on any Lot, or its agent(s), shall have the right, during normal business hours, to examine copies of the Declaration, the Articles of Incorporation of the Association,the By-Laws of the Association, and the books and records of the Association and,upon written request to the Association, to receive a copy of the financial statement of the Association for the immediately preceding fiscal year. B. Notice to Association. Upon written request to the Association,the owner or holder of a first deed of trust or first mortgage on any Lot shall be entitled to timely written notice of any 6©- day delinquency in the payment of assessments or charges owed by any Owner of the Lot securing such owner/holder's loan. C. Payment of Taxes. The owners or holders of first deeds of trust or first mortgages on Lots, jointly or singly,may pay taxes or other charges which are in default and which have or may become a charge or lien against any of the Common Areas of the Association. The persons, firms or corporations making such payments shall be owed immediate reimbursement by the Association. 21 ARTICLE XII OBLIGATIONS TO COMMENCE CONSTRUCTION A. Obligation to Commence Construction. Each Owner acquiring an unimproved Lot, including without limitation any Contract Seller or Builder,shall be obligated to commence construction of a single-family dwelling-unit on each Lot owned by such Owner within two years following the date of the recording of the deed of conveyance of such Lot to the Owner. For purposes hereof, the tern "commencement of construction" shall mean the date when (a) all plans for such construction have been approved by the Declarant or the Architectural Review Committee; (b) a building permit has been issued for the dwelling-unit by the appropriate jurisdiction;and(c)the pouring of footings. B. Repurchase Right. In the event commencement of construction has not begun within the two-year period provided in Paragraph A above, Declarant shall have the right, but not the obligation, to repurchase the Lot for a purchase price equal to the then "Fair Market Value" (as defined below), exercisable at any time thereafter and prior to the time that the Contract Seller or Builder commences construction. Once the Owner commences construction, it shall diligently prosecute such construction to completion within an eighteen-month period thereafter. For purposes hereof, completion of the dwelling-unit shall mean that a final certificate of occupancy has been issued by the appropriate jurisdiction for the dwelling-unit. If an Owner fails to commence construction within a two-year period,but Declarant does not exercise its option to repurchase such Lot, or if the Owner commences, but fails to diligently prosecute such construction required hereinabove, such Owner will be assessed a $500 per month fee for each month or part of a month that such Owner is in default hereunder, which fee shall be a lien against the Lot until paid. C. Fair Market Value. For purposes hereof, the"Fair Market Value"of the Lot will be equal to the amount agreed to by the Declarant and such Owner at that time. If the parties are unable to reach an agreement,each party shall select an appraiser who is qualified to perform an MAI appraisal to appraise the Lot,and the"Fair Market Value" will be equal to the average of the two appraisals. In such case, each of the Declarant and the Owner will pay all costs with respect to the appraiser selected by such party. D. Force Majeure. Notwithstanding anything herein to the contrary,the time periods set forth in this Article XII shall be subject to extension, at the election of the Declarant, by reasons of Acts of God, Force Majeure, and other matters outside the reasonable control of the Owner. Further, the provisions contained herein shall automatically terminate as to any Lot seven years from the date the deed into the Owner is duly recorded. E. Restrictions in Deeds. No Owner may transfer title to any Lot as to which construction has not been completed as required herein, unless the deed conveying such title specifically acknowledges the restrictions contained in this Article XII and subjects the Lot to these restrictions. 22 • ARTICLE XIII GENERAL PROVISIONS A. Revocation and Amendment. For so long as the Declarant, its successors and/or assigns, shall own any"Declarant's Property", Declarant, its successors and/or assigns, shall have the right to revoke and/or amend any of the terms and provisions of the Declaration, so long as such revocation and/or amendment is not in violation of the ordinances of the County of Durham, North Carolina. Any such amendment or revocation shall be effective when duly recorded in the Office of the Register of Deeds of Durham County, North Carolina. Thereafter, the Declaration shall not be revoked nor shall any of the terms and provisions thereof be amended unless approved in writing by at least sixty-six and two-thirds percent (66-2/3%) of the Members voting in person or by proxy on such matter at a meeting called for such purpose, written notice of which shall be given to all Members at least thirty(30) days in advance and shall set forth the purpose of the meeting. Any such amendment and/or revocation must not be in violation of the ordinances of the County of Durham, North Carolina. Any such amendment or revocation shall be effective when duly recorded in the Office of the Register of Deeds of Durham County,North Carolina. B. Term. The covenants, conditions and restrictions of the Declaration shall run with and bind the land subject to the Declaration,and shall inure to the benefit of and be enforceable by the Owners, the Declarant and/or the Association and their legal representatives, successors and assigns, for the term of thirty (30) years from the date of the Declaration is recorded in the • Office of the Register of Deeds of Durham County, North Carolina, after which time the Declaration shall automatically be extended for successive periods of ten(10)years unless an instrument signed by the majority of the then Owners of the Lots has been recorded in the Office of the Register of Deeds of Durham County, North Carolina, agreeing to change the Declaration in whole or in part. C. Severability and Governing Law. Invalidation of one or more of the terms and provisions of the Declaration by judgment or court decree/order shall not affect any other provisions,all of which shall remain in full force and effect. The terms and provisions of this Declaration shall be construed and enforced in accordance with the laws of the State of North Carolina. D. Waiver of Enforcement and Enforcement. Waiver of enforcement of any provision contained in the Declaration shall be limited to that particular provision and shall not be construed to be a waiver of any other provision. All waivers shall be in writing. Enforcement of any of the terms and provisions of the Declaration shall be by proceedings in law or in equity against any person or persons or entity or entities violating or attempting to violate any term and/or provision,either to restrain violation or to recover damages. E. Assignment by Declarant. The Declarant shall have the right to assign its rights under the Declaration, in whole or in part,to any person or entity by an express transfer of such rights, including but not limited to,the right to transfer Declarant's powers under Article III herein to an Architectural Review Committee. (SEE ATTACHED SIGNATURE PAGES) • 23 • IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and year first above written. Teague-Hankins Development Corp., a North Carolina corporation By: all} °'1 . Thomas C.Hankins,President STATE OF NORTH CAROLINA COUNTY OF WAKE I, the undersigned, a Notary Public of the County and State aforesaid certify that THOMAS C.HANKINS personally came before me this day and acknowledged the that he is President of TEAGUE-HANKINS DEVELOPMENT,CORP., a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by him as its President as the deed and act of the corporation. WITNESS my hand and official stamp or seal,this 2-2- day of H I ,2008. My commission expires: 1 t t p512a t r" - geANZA-f--ko,— k . l�✓ " " Notary Public JOHANNA K.TAYLOR Notary Public,North Carolina Wake County My Commission-Expires - _- November 05,2010 24 EXHIBIT"A" (LEGAL DESCRIPTION) All of those certain parcels or tracts of land in Triangle Township, Durham County, North Carolina,and being more particularly described as follows: TRACT ONE: Being all of Lots 1,2,3,4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20 and 21 of KEENELAND MANOR SUBDIVISION as depicted on that certain plat of survey entitled"FINAL SUBDIVISION PLAT AND STAGECOACH ROAD RIGHT OF WAY DEDICATION: KEENELAND MANOR SUBDIVISION dated September 20, 2007, by Sullivan Surveying and recorded in 2008 Plat Book 181, Pages 123, 125, 127, 129, 131,and 133 Durham County Registry. TRACT TWO : Being all of those certain parcels or tracts of real property depicted as "WINNERS CIRCLE (45' PUBLIC RIGHT OF WAY)', KEENELAND COURT (45' PUBLIC RIGHT OF WAY), OPEN SPACE 1, OPEN SPACE 2 AND OPEN SPACE 3 AND SEPTIC AREAS & ACCESS, as depicted on that certain plat of survey entitled "FINAL SUBDIVISION PLAT AND STAGECOACH ROAD RIGHT OF WAY DEDICATION: KEENELAND MANOR SUBDIVISION dated September 20, 2007, by Sullivan Surveying and recorded in 2008 Plat Book 181, Pages 123, 125, 127, 129,.131, and 133 Durham County Registry. 25 ,bteovs "86%,..40 x %A I ! _..../„.:-. ti* ,, : .ii.- . jv : ( A 0 • ..14 _ b..j;.........! 044 eg -4 c em WILLIE L. COVINGTON REGISTER OF DEEDS, DURHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E. MAIN STREET DURHAM, NC 27701 PLEASE RETAIN YELLOW TRAILER PAGE It is part of recorded document, and must be submitted with original for re-recording and/or cancellation. .....................................................................................................;...... Filed For Registration: 05/23/2008 12:32:19 PM Book: RE 5964 Page: 715-740 Document No.: 2008021241 DECL 26 PGS $86.00 Recorder: JENNIFER H SMITH 1111111 11111 11111 111E1111 11111 1111111111 11111 111111111111I 2008021241 I1 I I II III I II I II I I1 III I II 2008025075 FOR REGISTRATION REGISTER OF DEEDS ` Willie L. Covington DURHAM COUNTY, NC 2008 JUN 17 03:49:40 PM BK:5988 PG:278-281 FEE:$20,40 ITP.hENI 4 2DM25115 Prepared by and return to Stephen D.Lowry,8358-104 Six Forks Rd.,Raleigh,NC 27615 CONSENT AND SUBORDINATION TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR KEENELAND MANOR SUBDIVISION The undersigned, WACHOVIA BANK, NATIONAL ASSOCIATION, a national bank (hereinafter referred to as the "Bank"), and TRSTE, INC, a Virginia corporation, as Trustee (hereinafter referred to as the "Trustee"), hereby each acknowledge each and every tellii and provision of the Declaration of Covenants, Conditions, and Restrictions for the Keeneland Manor Subdivision recorded in Book(94Y, Page 7/5, Durham County Registry (the "Declaration"), and each agrees that the lien of the Bank's first Deed of Trust on the Property described in Exhibit A attached to the Declaration and incorporated herein by reference, which said Deed of Trust is recorded in Book 4543, Page 974, Durham County Registry (the "Deed of Trust"), shall be and is hereby subordinated to all the terms and provisions of the Declaration; provided, however that any lien for assessments shall at all times be subordinate to the lien of the aforesaid Deed of Trust in accordance with Article VII, Section J of the Declaration. IN WITNESS WHEREOF, the Bank and the Trustee have caused this instrument to be executed in their respective corporate names by their respective duly authorized officers, all by authority of their respective boards of directors, this the / day of , 2008. [Signature page follows] • • ej • WACHOVIA BANK,N ANAL ASSOCIATION By: Title. lfr2 President TRSTE, INC., a Virginia orporation BY: _/.� i llltft Title:/ President STATE OF NORTH CAROLINA COUNTY OF (Oat I, NiMAP '1. ( k t&€r , the undersigned, certify that Oin t` o9her personally appeared before me this day and acknowledged that he/she is vte7 President of WACHOVIA BANK, NATIONAL ASSOCIATION, a national bank, and that he/she as 1/4 President, being authorized to do so, executed the foregoing instrument on behalf of and as the act of the corporation. WITNESS my hand and official seal, this the to day of qtxi_e. 2008. Notary Public My commission expires: 5 -DA-t 3 ANN B. CA R NOTARY PUBLIC Wake County North Carolina My Commission Expires 24,2013 STATE OF NORTH CAROLINA COUNTY OF 10& L. I, v'v\ 5 . e , the undersigned, certify that hrat` o0w.i. 9. U}i VA tttii{ personally appeared before me this day and acknowledged that he/she is 14(_FG President of TRSTE, INC, a Virginia corporation,Trustee, and that he/she as 1/4 f President,being authorized to do so, executed the foregoing instrument on behalf of and as the act of the corporation. WITNESS my hand and official seal, this the to44' day of qu_a_z_ 2008. CALLAA.. C EP Notary Public My commission expires: - 4-1'6 B. CARTER NOTARY PUBLUC Wake Com* North Carolina 24,2013 0II A 46•114144641 ( + 0.1Wia "l'es firlo y * 444,1°1_11i. • . tp, • • .65 i Opp It\ Pall;11 i 441: A 0 • -"t" - . "It j1,4%13,44%1 :--fAlii °O.4•4,04:4Phe 40,..• i.,P......47 0 i "T C 44 WILLIE L. COVINGTON REGISTER OF DEEDS, DURHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E. MAIN STREET DURHAM, NC 27701 PLEASE RETAIN YELLOW TRAILER PAGE It is part of recorded document, and must be submitted with original for re-recording and/or cancellation. ....****.........**.***.............**.***..............***..........................****.*. Filed For Registration: 06/17/2008 03:49:40 PM Book: RE 5988 Page: 278-281 Document No.: 2008025075 CONSENT 4 PGS $20.00 Recorder: APRIL J WILLIAMS 1 11111 11111 11111 111111111 11111 'Ill 11111 11111111 111111Il 2008025075 (i) Broker: Paul W.Baker,Jr. Cuttbow Properties,LLC 205 Sylvan Grove Drive Cary,NC 27518 Telephone:(919)632-9886 e-mail: wellington @sprynet.com 1.2 Property. Subject to the terms and conditions of this Agreement,Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, approximately 67.37 acres of land located in Orange County, North Carolina, known locally as 2301 Mount Sinai Road, Chapel Hill, NC, and further described on Exhibit A attached hereto ("Land"), together with (i)all and singular the appurtenances appertaining thereto, and Seller's rights, easements or other interests, if any, in and to adjacent streets, alleys and rights-of-way abutting such real property; (ii)any improvements situated upon the Land; (iii) all intangible property and all plans, permits, specifications, studies, and reports owned and controlled by Seller related to the Land, including rights of access, utility capacities and complete control of the surface usage of the Land and (iv)such other assignable rights, interests and properties as may be specified in this Agreement(collectively,the"Property"). 1.3 Earnest Money. Within three (3) Business Days of receipt of a fully executed copy of this Agreement, Purchaser shall deposit the Initial Earnest Money with the Title Company. No later than eighteen (18) months from the Effective Date,Purchaser shall deposit the Additional Earnest Money with the Title Company. The Earnest Money shall be applied to the Purchase Price at Closing, The Earnest Money shall be held and disbursed by the Title Company pursuant to the terms hereof. ARTICLE 2:1NSPECTION PERIOD AND CLOSING CONDITIONS. 2.1 Seller's Delivery of Specified Documents. The following information relating to the Property to the extent it is in the possession or control of Seller shall be delivered to Purchaser by Seller within five (5) business days of the Date of this Agreement (the "Property Information"): (i)any environmental reports and a schedule listing any such reports; (ii)any soils and engineering reports; (iii)Seller's existing title policy; (iv) all existing plans, specifications, permits, approvals(and any applications for permits or approvals), maps and surveys (including, without limitation, archaeological, boundary, topographic and tree surveys);any surveys, plats or site plans (v) any deed restrictions, restrictive covenants or construction or architectural guidelines that affect the Property; (vi) any information or documentation associated with any property owners' association affecting the Property; (vii) documents,written notices,reports, citations, orders, decisions, correspondence, or memoranda from any governmental authority(including,but not limited to,copies of any zoning letters);and(viii)the most recent tax bills and value renditions. Seller shall provide to Purchaser any documents described above and coming into Seller's possession or produced by Seller after the initial delivery above and shall continue to provide same during the pendency of this Agreement. 2.2 Due Diligence. Purchaser shall have through the last day of the Inspection Period in which to examine, inspect, and investigate the Property and, in Purchaser's sole and absolute judgment and discretion, to determine whether the Property is acceptable to Purchaser. Notwithstanding anything to the contrary in this Agreement, Purchaser may terminate this Agreement by giving notice of termination to Seller and Escrow Agent on or before the last day of the Inspection Period. If Purchaser does not terminate this Agreement as provided in preceding sentence, Purchaser shall be deemed to have waived its right to terminate under this Section 2.2 and this Agreement shall continue in full force and effect. Purchaser and its agents,employees,and representatives shall have a continuing right of reasonable access to the Property during the pendency of this Agreement, for the purpose of conducting surveys, engineering, soil, geotechnical, and environmental inspections and tests, and any other inspections, studies, or tests reasonably required by Purchaser. In the course of its investigations Purchaser may make inquiries to Seller's consultants or contractors who have performed work or prepared reports in connection with the Property, or to third parties including, without limitation, lenders, contractors, and government officials and representatives, and Seller consents to such inquiries. Purchaser shall keep the Property free and clear of any liens and will indemnify, defend, and hold Seller harmless from all claims and liabilities asserted against Seller as a result of any such entry by Purchaser, its agents, employees, or representatives. Purchaser, at Purchaser's sole expense, shall repair any and all damage -2- resulting from any of the tests, studies, inspections and investigations performed by or on behalf of Purchaser pursuant to the Article including, without limitation, restoring the Property to reasonably the same condition as existed prior to such test,study, inspection or investigation. 2.3 Project Approvals. Purchaser shall not be obligated to close this transaction unless Purchaser shall have obtained from Orange County(the"County")approval of(i) Purchaser's requested zoning and(ii)Purchaser's site plan for the Property, and development permits for a minimum of thirty(30) single family lots with any system that can be approved the County to accommodate a four bedroom house, thereon (collectively, the "Project Approval"). Purchaser's efforts to obtain the Project Approval shall be at its sole cost and expense(including the posting of any fiscal requirements). Purchaser agrees to submit the site plan for the maximum allowed lot density for the Land and to diligently pursue the highest number of lots allowed per all applicable codes and ordinances. Purchaser will keep Seller updated on the status of the Project Approval and will inform Seller of any unavoidable lost lots and the reasons behind the lot reduction. It shall be a condition to Purchaser's obligation to close that the Project Approval must be without conditions or restrictions (including the payment of assessments or the posting of security) that are unacceptable to Purchaser, as determined by Purchaser in its sole discretion, and that all appeal periods with respect to the Project Approval shall have expired without any appeal having been filed or, if filed, such appeal shall have been resolved to the satisfaction of Purchaser. In the event that the Project Approval is obtained and results in approval of a site plan consisting of less than thirty (30) single family lots, Purchaser will have the option of either(i)terminating this Agreement and receiving an immediate refund of the Earnest Money, or (ii)proceeding to Closing without a reduction in Purchase Price. Seller agrees to cooperate fully with Purchaser, without expense to Seller,to enable Purchaser to apply for and obtain the Project Approval;the initial submissions for Project Approvals to be made within ninety(90)days of the Effective Date. Seller shall execute all documents required for the Project Approval process and make such dedications as may be required by the City. Seller shall provide easements, in form and substance reasonably satisfactory to Purchaser, for access and utilities as may be required in connection with the Project Approval and as required by utility companies or any governmental authorities with respect to the Purchaser's intended development (the"Proposed Project"). Such plats and dedications shall be made and granted by Seller at such time as is required by the applicable governmental authority. Notwithstanding contrary provisions of this Section 2.3,any plat or replat of the Property and/or dedication of easements shall not be filed of record until immediately prior to the Closing; if such are filed and Purchaser fails to acquire the Property,the same shall,at Seller's option,be removed, at Purchaser's sole cost and expense(such to survive termination of this Agreement). The Property description and Survey shall be revised to take into account de minimis changes to the Property boundaries requested by Purchaser that are necessary to permit the development of the Proposed Project. If Purchaser determines at any time that it has been or will be unable to satisfy the Project Approval contingency set forth above,then Purchaser may, by delivering written notice to Seller, (i)terminate this Agreement (such notice being herein called a"Project Approval Termination Notice");or(ii)waive such condition and proceed with the Closing on such date to which the parties may mutually agree but in any event, no later than the Closing Date set forth in Paragraph 1.1(h). If a Project Approval Termination Notice is sent to Seller,the Earnest Money on deposit with Escrow Agent shall be released to Seller,unless the reason for the Project Approval Termination Notice is that Purchaser was not able to obtain approval of a site plan consisting of a minimum of thirty(30) single family lots,and in such latter event the Earnest Money shall be released to Purchaser. 2.4 Condition to Closing. There shall be no material change in any condition of or affecting the Property not caused by Purchaser or its contractors, employees,affiliates or other related or similar parties, that has occurred after the Inspection Period including without limitation (i)any dumping or discovery of refuse or environmental contamination; (ii) access; (iii) the availability, adequacy or cost of or for all utilities (including without limitation, water,sanitary sewer,storm sewer, gas, electric,cable and any other utilities required to serve or service the Property); (iv)the imposition of any moratorium which would prohibit or delay the commencement of construction; or (v)condemnation. In the event of the occurrence of an adverse condition as described herein (i) Purchaser may terminate this Agreement and receive a refund of the Earnest Money, (ii)Purchaser may waive such condition and proceed with the Closing in accordance with the terms of this Agreement or (iii) either party may extend the Closing Date, at no cost to Purchaser, for a period of not to exceed thirty(30) days to attempt to cure or resolve such condition to Purchaser's satisfaction. -3- ARTICLE 3:TITLE AND SURVEY REVIEW 3.1 Title Review and Objections. Within fifteen(15)days following the Effective Date,Purchaser, at its sole cost and expense, request Title Company to deliver to Purchaser an ALTA title commitment (the "Title Commitment") covering the Property, issued by the Title Company and addressed to Purchaser, binding the Title Company to issue to Purchaser at Closing an owner's policy of title insurance (the"Title Policy") on the standard form of policy in the full amount of the Purchase Price subject to the Permitted Exceptions (hereinafter defined). Purchaser shall also request that a copy of any instrument referred in the Title Commitment that affects the title of Seller to the Property or that constitutes an exception or restriction upon the title of Seller to the Property be delivered with the Title Commitment (the "Exception Documents"), except copies of any lien(s) to be released at Closing. Purchaser shall have twenty (20) days from the date Purchaser receives the Title Commitment and Exception Documents (the "Title Review Period")and to deliver written objections to Seller to anything contained or set forth in the Title Commitment or Exception Documents which is unacceptable to Purchaser(collectively, the "Title Objections"). Any items to which Purchaser does not object to within such period shall be deemed to be permitted exceptions(as defined herein). 3.2 Survey Review and Objections. Purchaser, at its sole cost and expense, may obtain a current survey of the Property (the "Survey") to review. Purchaser shall have twenty (20) days from the date Purchaser receives the Survey, to deliver written objections to Seller to anything contained or set forth on the Survey which is unacceptable to Purchaser (the "Survey Objections"). The Survey and the legal description of the Property contained therein are subject to the approval of Seller, such approval not to be unreasonably nor untimely withheld or conditioned. If Seller does not provide Purchaser with written objections to the Survey within three (3) days of Seller's receipt of the Survey, Seller shall be deemed to have approved the Survey and the legal description of the Property contained therein. 3.3 Cure of Title and Survey Objections. Seller will cooperate with Purchaser, without expense to Seller, in curing any Title Objections or Survey Objections Purchaser may have to title to the Property, but Seller shall have no obligation to cure title objections except (a) liens of an ascertainable amount created by, through or under Seller, which shall be released at the Closing, and (b) any exceptions or encumbrances to title which are created by, through or under Seller after the date of this Agreement without the written consent of Purchaser, which shall be removed by the Closing Date. Purchaser may terminate this Agreement and receive a refund of the Earnest Money if the Title Company revises the Title Commitment after the expiration of the Inspection Period to add or modify exceptions if such additions or modifications are not acceptable to Purchaser and are not removed by the Closing Date. The term"Permitted Exceptions"shall mean the specific exceptions in the Title Commitment(i)that Purchaser did not object to; (ii) that the Title Company has not agreed to insure over or remove from the Title Commitment as of the expiration of the Inspection Period;and(iii)real estate taxes not yet due and payable. 14 Title and Survey Costs. Upon Closing, Purchaser shall pay the costs associated with the Title Policy,the cost of any endorsements Purchaser may require and the cost of the Survey. ARTICLE 4:CLOSING 4.1 Closing. The consummation of the transaction contemplated herein ("Closing") shall occur on the Closing Date at the offices of Closing Agent; provided however,that Purchaser shall have a one-time right to extend the Closing Date up to ninety(90) days. In the event Purchaser desires to exercise such extension rights, Purchaser shall: (a) give written notice to Seller and Title Company on or before 5 calendar days prior to the Closing Date;and (b)pay the sum of Fifteen Thousand Dollars($15,000)to Seller as an extension fee. Said amount will not be credited against the Purchase Price and will be non-refundable under all circumstances other than Seller's default. -4- • 4.2 Seller's Deliveries at Closing. On or prior to the Closing Date, Seller shall deliver to the Title Company the following: (a) Deed. A special warranty deed conveying good and indefeasible fee simple title to Purchaser, subject only to matters filed of record(the"Deed"). (b) FIRPTA. A Foreign Investment in Real Property Tax Act affidavit executed by Seller. If Seller fails to provide the necessary affidavit and/or documentation of exemption on the Closing Date, Purchaser may proceed with withholding provisions as provided by law. (c) Authority. Evidence of existence, organization, and authority of Seller and the authority of the person executing documents on behalf of Seller reasonably satisfactory to Purchaser and the Title Company. (d) Additional Documents, Any additional documents that Purchaser or the Title Company may reasonably require for the proper consummation of the transaction contemplated by this Agreement. 4.3 Purchaser's Deliveries at Closing. On or prior to the Closing Date, Purchaser shall deliver to the Title Company the following: (a) Purchase Price. A wire transfer of the Purchase Price, less the Earnest Money, plus or minus applicable prorations,payable to the order of Seller. (b) Additional Documents. Any additional documents that Seller or the Title Company may reasonably require for the proper consummation of the transaction contemplated by this Agreement. 4.4 Possession. Seller shall deliver possession of the Property to Purchaser at the Closing. ARTICLE 5:PRORATIONS/CLOSING COSTS 5.1 Tax Prorations. Ad valorem taxes and association dues,if any, shall be prorated as of the Closing Date. Purchaser shall pay the recording fee for the warranty deed from Seller and the costs of recording any documents associated with Purchaser's financing. Seller shall pay the cost of recording any releases, all North Carolina transfer taxes and excise stamps and rollback taxes attributable to the Property, if any. Each party shall pay its own attorney's fees. All costs or expenses not specifically provided for in this Agreement shall be allocated as is customary in Orange County,North Carolina. ARTICLE 6:REPRESENTATIONS AND WARRANTIES 6.1 Seller's Representations and Warranties. As a material inducement to Purchaser to execute this Agreement and consummate this transaction,Seller represents and warrants to Purchaser as follows: (a) Fee Simple Owner. Seller is the fee simple owner of the Property, subject to matters of record as of the Effective Date. (b) Environmental. Seller has no actual knowledge of any violation of Environmental Laws related to the Property or the presence or release of Hazardous Materials on or from the Property. Seller has not manufactured, introduced, released or discharged from or onto the Property any Hazardous Materials, and Seller has not used the Property or any part thereof for the generation, treatment, storage, handling or disposal of any Hazardous Materials. The term "Environmental Laws" includes without limitation the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act and other federal laws governing the environment as in effect on the date of this Agreement together with their implementing regulations and guidelines and all state, regional, -5- county, municipal and other local laws, regulations and ordinances that are similar to such federal laws or that regulate Hazardous Materials. The term "Hazardous Materials" includes petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mixtures of natural gas or such synthetic gas), asbestos and asbestos containing materials, polychlorinated biphenyls and any substance, material waste, pollutant or contaminant listed or defined as hazardous or toxic under any Environmental Law. (c) Underground Storage Tanks: Septic Fields. There are no underground storage tanks or septic fields present or the Property, with the exception of the tank or tanks associated with the house and large stable building situated on the Property. Seller will show the location of all such tank(s)to Purchaser prior to expiration of the Inspection Period. (d) Tenancies: Other Parties in Possession. At Closing there will be no leases, tenants, or other parties in possession of the Property. Buyer agrees that Seller may lease to tenants during the term of this Agreement provided such tenant is required to vacate the Property no less than thirty(30)days prior to Closing. (e) Violation of Laws. Seller has not received notice of violation of any law, ordinance, regulation,or requirement affecting the Property or Seller's use of the Property. (f) Condemnation; Zoning; Land Use. Seller has not received notice of any condemnation, zoning, or land-use proceedings affecting the Property, and is aware of no fact or condition, including compliance with any applicable restrictive covenants or municipal regulations that affects or could affect Purchaser's intended residential construction and use of the Property. (g) Lti}ation. There is no litigation pending or threatened against Seller or the Property that would affect the Property or Seller's ability to perform its obligations under this Agreement. (h) No Other Obligation to Sell the Property or Restriction against Selling the Property. Except for lien(s)of mortgages or deeds of trust, if any,that will be paid in full at closing with the proceeds of the sale, Seiler has not obligated itself to sell the Property to any party other than Purchaser. Seller's performance of this Agreement will not cause a breach of any other agreement or obligation to which Seller is a party or to which it is bound. (i) No Liens. On the Closing Date,the Property will be free and clear of all mechanic's and materialman's liens and other liens and encumbrances of any nature except the Permitted Exceptions, and no work or materials will have been furnished to the Property that might give rise to mechanic's, materialman's, or other liens against the Property other than work or materials to which Purchaser has consented. 6.2 Purchaser's Representations and Warranties. As a material inducement to Seller to execute this Agreement and consummate this transaction,Purchaser represents and warrants to Seller that: (a) Authority. Purchaser has the full right and authority and has obtained any and all consents required therefor to enter into this Agreement and perform its obligations hereunder. This Agreement has been and all of the documents to be delivered by Purchaser at the Closing will be authorized and properly executed and will constitute the valid and binding obligations of Purchaser, enforceable in accordance with their terms. (b) Conflicts and Pending Action. There is no agreement to which Purchaser is a party or to Purchaser's knowledge binding on Purchaser which is in conflict with this Agreement. There is no action or proceeding pending or to Purchaser's knowledge, threatened, against Purchaser which challenges or impairs Purchaser's ability to execute or perform its obligations under this Agreement. 6.3 Survival of Representations and Warranties. The representations and warranties set forth in this Article 6 are made as of the date of this Agreement and are remade as of the Closing Date and shall not be deemed to be merged into or waived by the instruments of Closing, but shall survive the Closing for a period of 6 months, -6- Each party agrees to defend and indemnify the other against any claim, liability,damage or expense asserted against or suffered by such other party arising out of the breach or inaccuracy of any such representation or warranty. ARTICLE 7: DEFAULT 7.1 Seller's Default. If Seller fails or refuses to consummate the sale of the Property pursuant to the terms of this Agreement or fails to perform any of Seller's obligations hereunder either prior to or at the Closing for any reason other than a termination of this Agreement by Seller pursuant to a right so to terminate expressly set forth in the Agreement or Purchaser's failure to perform Purchaser's obligations under this Agreement, then Purchaser shall have the right, as its sole and exclusive remedies hereunder, to either (i) terminate this Agreement and receive an immediate refund of the Earnest Money then on deposit with Escrow Agent, in full and final satisfaction of all obligations of Seller hereunder, or (iil enforce specific performance of this Agreement. Purchaser hereby waives any and all other remedies to which Purchaser may otherwise be entitled at law or in equity, including the right to seek or recover monetary damages from Seller; provided. however, and notwithstanding anything contained in this Section 7.1 to the contrary, Purchaser shall have the right to seek recovery of damages if the remedy of specific performance is not available. 7.2 Purchaser's Default. If this transaction fails to close due to the default of Purchaser, then Seller's sole and exclusive remedy in such event shall be to terminate this Agreement and to retain the Earnest Money as liquidated damages, Seller waiving all other rights or remedies in the event of such default by Purchaser. The parties acknowledge that Seller's actual damages in the event of a default by Purchaser under this Agreement will be difficult to ascertain, and that such liquidated damages represent the parties'best estimate of such damages. In lieu of the Earnest Money Seller may elect to receive without any representations or warranties from Purchaser,any non- proprietary reports or materials generated by or on behalf of Purchaser, including,but not Iimited to,environmental reports, surveys, sewer studies and site engineering, immediately atter the Earnest Money has been returned to Purchaser. 7.3 Opportunity to Cure. Notwithstanding anything herein to the contrary, neither party shall be deemed to be in default hereunder unless and until such party has received written notice of default from the other party and has failed to cure any such default within fifteen(i.5)days of receipt of notice of default. ARTICLE 8: EARNEST MONEY PROVISIONS 8.1 Delivery at Closing. If the Closing under this Agreement occurs,the Title Company shall deliver the Earnest Money to Seller on the Closing Date. 8.2 Termination Pursuant to Section 2.2. If Purchaser terminates this Agreement in accordance with Section 2.2,Title Company shall pay the entire Earnest Money to Purchaser within 2 business days following receipt of Purchaser's notice of termination and this Agreement shall thereupon terminate. No notice to Title Company from Seller shall be required for the release of the Earnest Money to Purchaser by Title Company pursuant to a termination under Section 2.2 of this Agreement. Seller agrees it shall have no right to bring any action against Title Company which would have the effect of delaying, preventing, or in any way interrupting Title Company's delivery of the Earnest Money to Purchaser pursuant to this paragraph, any remedy of Seller being against Purchaser,not Title Company. 8.3 Other Terminations. Upon a termination of this Agreement other than as described in Paragraph 8.2, either party to this Agreement (the "Terminating Party") may give written notice to the Title Company and the other party (the `Non-Terminating Party") of such termination and the reason for such termination. Such request shall also constitute a request for the release of the Earnest Money to the Terminating Party. The Non-Terminating Party shall then have five (5)business days in which to object in writing to the release of the Earnest Money to the Terminating Party. If the Non-Terminating Party provides such an objection, then the Title Company shall retain the Earnest Money until it receives written instructions executed by both Seller and Purchaser as to the disposition and disbursement of the Earnest Money, or until ordered by final court order,decree or judgment, which is not subject to appeal, to deliver the Earnest Money to a particular party, in which event the Earnest Money shall be delivered in accordance with such notice,instruction,order,decree or judgment. -7- 8.4 Interpleader, Except as provided in Paragraph 8.2, Seller and Purchaser mutually agree that in the event of any controversy regarding the Earnest Money, unless mutual written instructions are received by the Title Company directing the Earnest Money's disposition, the Title Company shall not take any action, but instead shall await the disposition of any proceeding relating to the Earnest Money or, at the Title Company's option, the Title Company may interplead all parties arid deposit the Earnest Money with a court of competent jurisdiction in which event the Title Company may recover all of its court costs and reasonable attorneys' fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Title Company, as well as the reasonable attorneys' fees of the prevailing party in accordance with the other provisions of this Agreement. 8.5 Liability`of Title Company The parties acknowledge that the Title Company is acting solely as a stakeholder at their request and for their convenience,that the Title Company shall not be deemed to be the agent of either of the parties, and that the Title Company shall not he liable to either of the parties for any action or omission on its part taken or made in good faith. and not in disregard of this Agreement, but shall be liable for its negligent acts and for any loss, cost or expense incurred by Seller or Purchaser resulting from the Title Company's mistake of law respecting the Title Company's scope or nature of its duties. Seller and Purchaser shall jointly and severally indemnify and hold the Title Company harmless from and against all costs, claims and expenses, including reasonable attorneys' fees, incurred in connection with the performance of the Title Company's duties hereunder, except with respect to actions or omissions taken or made by the Title Company in bad faith, in disregard of this Agreement or involving negligence on the part of the Title Company. 8.6 Escrow Fee. Except as expressly provided herein to the contrary, Purchaser agrees to pay a reasonable escrow fee charged by the Title Company for holding the Earnest Money or conducting the Closing. ARTICLE 9:MISCELLANEOUS 9.1 Commissions. If the purchase and sale contemplated herein occurs, Seller will pay Broker a four percent (4%) commission at Closing. Seller and Purchaser represent and warrant each to the other that with the exception of Broker they have not dealt with any real estate broker, sales person or finder in connection with this transaction. In the event of any claim for broker's commissions, finder's fees or similar compensation in connection with the negotiation, execution or consummation of this Agreement or the transactions contemplated hereby, each party shall indemnify and hold harmless the other party from and against any such claim based upon any statement, representation or agreement of such party. 9.2 Parties Bound. This Agreement shall be binding upon and inure to the benefit of Seller's heirs and representatives and the parties'respective successors and assigns of the parties. 9.3 Other Offers. During the pendency of this Agreement, Seller will not enter into any contracts or agreements (whether binding or not) regarding any disposition of the Property. Notwithstanding the foregoing, Seller may engage in discussions with third parties regarding the Property and a possible a back—up position should this Contract tenninate. Such discussions shall not include any mention of the terms or conditions contained herein, which Seller agrees to keep confidential. Buyer acknowledges that Seller may enter into a lease for all or a portion of the Property provided such tenant does not interfere with Purchaser's inspections,testing and other operations on the Property and is required to vacate the Property no less than thirty(30)days prior to Closing. 9.4 Conditions to Closing. It shall be a condition to each party's obligation to close that the other party's representations and warranties herein contained are true in all material respects as of the Date of this Agreement. 9.5 Headings. The article and paragraph headings of this Agreement are for convenience only and in no way limit or enlarge the scope or meaning of the language hereof. 9.6 Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce -8- against the other any term or provision of this Agreement shall be deemed not to be a waiver of such party's right to enforce against the other party the same or any other such term or provision. 9.7 Governing L . This Agreement and said other instruments shall, in all respects, be governed, construed, applied, and enforced in accordance with the law of the state in which the Property is located. Venue for this transaction shall he deemed to be in Orange County,North Carolina. 9.8 Survival. The provisions of this Agreement that contemplate performance after the Closing and the obligations of the parties not fully performed at the Closing shall survive the Closing and shall not be deemed to be merged into or waived by the instruments of Closing. 9.9 No Third Party.Beneficiary, This Agreement is not intended to give or confer any benefits, rights, privileges,claims,actions or remedies to any person or entity as a third party beneficiary,decree,or otherwise. 9.I0 Entirety and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings relating to the Property. This Agreement may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 9.11 Time. Time is of the essence in the performance of this Agreement. 9.12 Attorneys' Fees. Notwithstanding any contrary provisions in this Agreement, should either party employ attorneys to enforce any of the provisions hereof, the party losing in any final judgment agrees to pay the prevailing party all reasonable costs, charges and expenses, including reasonable attorneys' fees, expended or incurred in connection therewith. 9.13 Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth in Paragraph 1.1. Any such notices shall be either(a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b) sent by facsimile, in which case notice shall be deemed delivered upon confirmation of transmission by the sender's telefax or similar machine,(c)sent by personal delivery, in which case notice shall be deemed delivered upon receipt or(d) sent by electronic mail, in which case notice shall be deemed delivered upon receipt. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. Notices given by counsel to the Purchaser shall be deemed given by Purchaser and notices given by counsel to the Seiler shall be deemed given by Seller. 9.14 Construction. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not he employed in the interpretation of this Agreement. 9.15 Calculation of Time Periods. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. Central time. In addition, if the date specified for the performance of any act hereunder shall be a Saturday, Sunday or legal holiday, then such date shall be deemed to be the next day which is neither a Saturday, Sunday or legal holiday. Further for purposes of this Agreement a business day shall be deemed to be a day which is neither a Saturday, Sunday or legal holiday. 9.16 Further Assurances. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller to Purchaser at Closing, Seller agrees to perform, execute and deliver, but without any obligation to incur any additional liability or expense, on or after the Closing any further deliveries and assurances as may be reasonably necessary to consummate the transactions contemplated hereby or to further perfect the conveyance,transfer and assignment of the Property to Purchaser. -9- 9.17 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Agreement. To facilitate execution of this Agreement, the parties may execute and exchange by telephone facsimile counterparts of the signature pages. 9.18 Arbitration and Mediation. Any dispute between Purchaser and Seller, whether sounding in contract, tort, or otherwise, shall be resolved by binding arbitration. Unless the parties agree to use other rules, or the arbitrator deems other rules to be applicable, the arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association ("AAA") in effect at the time the demand for arbitration is filed, and either the Federal Arbitration Act (Title 9, U.S, Code) or the applicable state arbitration statute. Such claims, disputes or causes of action, include, but are not limited to,those arising out of this Agreement and any other rights, obligations or agreements between Purchaser and Seller relating to this Agreement or the Property ("the Dispute"). After a demand for arbitration has been filed and the filing fee paid, any party may require that the Dispute be submitted to mediation prior to commencement of the final arbitration hearing. If the Dispute is not resolved by mediation, then the arbitration proceeding shall continue to conclusion. The arbitration award or decision may be confirmed, entered and enforced as a judgment in a court having jurisdiction, subject to appeal only in the event of the arbitrator's misapplication of the law,no evidence to support the award,or such other grounds for appeal of arbitration awards that exist by statute, common law or the applicable rules. This arbitration provision shall survive closing, breach or termination of this Agreement and shall not be superseded by the doctrine of merger. -l4- SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE BETWEEN J.J.E.FARM,L.L.C. AND WEEKLEY HOMES,LLC IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. SELLER: J.J.F. FARM,L.L.C., a North Carolina limited liability company By: {�,rji i J t{E?P Name; Donna L.Freeland,Manager Date: In avd,ef t a 19 a 0 1 )--- PURCHASER: WEEKLEY HOMES,LLC, a Delaware Limited Liability Company By: ir'j�. . Name: MI,l r A.Job =• Title: igl Pr *`° # Date: +� 2 , ia-- _I 1- Exhibit A PARCEL I : BEGINNING at an existing rock pile. iron stake and pointers, a control monument in the property line of James M. Johnston as shown on the plat hereinafter referred to; thence from said beginning point along the West line of the James M. Johnston property South 6 degrees 10 minutes West 520 feet to an existing iron stake; thence continuing along the West line of James M. Johnston property South 2 degrees 24 minutes 09 seconds West 1.733.74 feet to another existing iron stake, a control corner in the Northeast monument of the Jimmy Freeland Property in the West line of said Johnston property; thence along the North line of the Jimmy Freeland Property as follows: North 84 degrees 00 minutes 10 seconds West 582.40 feet to an existing iron stake, and North 88 degrees 07 minutes 11 seconds West 324.90 feet to an existing iron stake at the Northwest corner of said Jimmy Freeland property; thence along the West line of said Jimmy Freeland property South 8 degrees 25 minutes West 270.02 feet to an iron stake, and South 33 degrees 58 minutes East 38.55 feet to an iron stake; thence North 56 degrees 05 minutes 40 seconds West 50.12 feet to a point in the center of the spring house, a control point; thence along the Northeast line of the Security Building Company property as shown on said plat, North 42 degrees 33 minutes 37 seconds West 607.13 feet to an existing stone and iron stake; thence continuing with the property line of the Security Building Company North I degree 41 minutes 33 seconds East 108.68 feet to an existing iron stake at the Southeast corner of the Freeland Hills Subdivision and the Northeast corner of the Security Building Company property; thence along the East line of the Freeland Hill Subdivision property North 5 degrees 07 minutes 54 seconds East 1,242.47 feet to an existing iron stake at the common corner between the Freeland Hills Subdivision property and the Spence Dickinson property as described in Deed Book 231 at page 1681, Orange County Registry; thence along the East line of said Dickinson property North 4 degrees 56 minutes 39 seconds East 433.13 feet to an iron stake and existing pointers at the Southwest corner of the Thurman Lucas property in the East line of said Dickinson property; thence along the Lucas property line South 82 degrees 13 minutes East 406.30 feet to an iron stake, and North 4 degrees 57 minutes East 105.20 feet to an existing iron in the East line of said Lucas property the Southwest corner of the Nell Maddry Jenkins lot; thence along the South line of the Jenkins lot South 85 degrees 00 minutes 199.94 feet to an existing iron stake at the Southeast corner of the said Nell Maddry Jenkins lot in the West line of the Charles Freeland lot; thence along the West line of the Charles Freeland Lot South 4 degrees 57 minutes 36 seconds West 72.6 feet to an iron stake at the Southwest corner of the Charles Freeland Lot; thence along the South line of the Charles Freeland lot South 88 degrees 03 minutes East 150.21 feet to an iron stake at the Southeast corner of the Charles Freeland lot; thence with the East line of said Charles Freeland lot North 4 degrees 59 minutes East 293.68 feet to an iron stake in the South right-of-way of NCSR No. 1718, the Northeast corner of the Charles Freeland Lot; thence continuing North 4 degrees 59 minutes East 30 feet to a point in the center of said road, said point being in the old line; thence leaving said road and following the old line a portion of which is the South line of then James M. Johnston property in an Easterly direction a distance of approximately 675 feet to the BEGINNING, consisting of 66.37 acres, more or less. The first call is based upon survey of Robert A. Jones, Registered Surveyor, dated August 29, 1967. The fifteenth, sixteenth and seventeenth calls are based upon survey of Robert A. Jones dated March 30, 1976. All other calls are based upon plat and survey of Robert A. Jones, Registered Surveyor, dated October 15, 1976, entitled PROPERTY OF JAMES J. FREELAND, JAMES RAE FREELAND, JOAN F. HOPPER, DONNA F. MITCHELL AND JACK FREELAND. This is the same property as described in Deed Book 268 at page 575 of the Orange County Registry. PARCEL 2: BEGINNING at an iron stake in the South right-of-way line of NCSR No. 171 (Mt. Sinai Road) said point being the Northeast corner of the Mrs. Panzy Freeland Home lot now Panzy Freeland's estate. Running thence from said beginning point along and with the South line of aforesaid NCSR No. 1718 South 89 degrees 18 minutes East 150.41 feet to and iron stake, a new corner with James J. Freeland.Thence along a new line with said James J. Freeland South 4 degrees 59 minutes West 293.68 feet to an iron stake, another new corner. Thence along another new line with James J. Freeland North 88 degrees 03 minutes West 150.21 feet to an iron stake in the East line of the Panzy Freeland Estate. Thence along and with the East line of Panzy Freeland Estate North 4 degrees 59 minutes East 290.4 feet to the point or place of BEGINNING and consisting of one acre according to Survey of Robert A. Jones Registered Surveyor, dated March 30, 1976. See deed recorded in Deed Book 264 at page 104 of the Orange County Registry. -12- MILL ' I E COMMERCIAL REAL ESTATE, LLC June 19, 2012 Mr. Jeff Aiken, Division President David Weekely Homes, LLC RE: Opinion of impact on adjacent land values, Dunhill subdivision, Orange County,NC Jeff, Millridge Real Estate has prepared our evaluation of existing land and home values adjacent to the proposed Dunhill subdivision and the resulting impact on future values of these properties. Understand existing home, land and property values were taken directly from Orange county tax records and that this opinion of impacted value is not to be considered an appraisal of property value. The methodology used below is commonplace in the real estate market and is an acceptable approach when researching property values. Scope: Utilizing the Orange County tax records adjacent property values were obtained and shown on the attached property list. Properties that were not vacant land with development potential (ie. Triangle Land Conservancy) or were currently used/rented for something other than single family residential ownership (ie. J & J mobile home park) were not similar and therefore not considered. Comparing similar adjacent property values with the proposed sales prices of completed lots and homes is a viable method to determine how the proposed development will influence similar adjacent property values. Adjacent property values: The attached "Dunhill Parcel Map" shows the adjacent parcels of land. Of these 19 parcels, eight are vacant residential lots, seven have homes, the Triangle Land Conservancy owns one and one is a mobile home park. A) Vacant residential lots: 8 lots with an average value of S48,997/acre B) Existing single-family homes: seven homes ranging in value from $59,781 to $3,286,725. The median home value of adjacent properties with existing houses is $285,100. With one home being more than 8450 SF in size and having a value in excess of three million dollars the average value of all seven homes is dramatically affected and therefore using this home to determine an average value will not be a fair representation of the value of the other six existing homes. The same can possibly be said for the lowest value home being 756 square feet in size and valued at $59,781. 152 CAPCOM AVENUE* SUITE 103. WAKE FOREST,NC 27587. P-919-554-4165.- F-919-554-0879 a WWW M1LRIDGEREALESTATE COM p d I 0 ylid M I . 4 COMMERCIAL REAL ESTATE, LLC C) Therefore, we believe the average value derived from removing the highest and lowest homes to be a good representation of the surrounding homes. Based upon this principle of determining averages, it is our opinion that the average adjacent single family home is $380,009. Proposed Dunhill subdivision values: David Weekely Homes (DWH) intends to construct its "Custom Classics" series of homes at Dunhill. These homes are currently being constructed and sold in the triangle area in the following communities: A) Mactavish, northern wake county; Average sales price$ 627,717 B) Wyndcroft, north Raleigh: Average sales price $ 518,713 C) Meadowmont, Chapel Hill: Average sales price $ 655,330 D) Keenland Manor, northern Durham county: Average sales price $ 650,828 It is my understanding that the average home price anticipated for Dunhill will be $640,000 and two-acre lots will be purchased at an average price of$175,000 (or$87,500/acre). The website for each of these communities as well as others can found at www.davidweekelyhomes.com. Conclusion: Based upon the above values of existing vacant single-family lots being $48,997/acre it is our opinion that the sale of lots in Dunhill at $87,500/acre will maintain or increase the value of adjacent vacant land and lots. Further it is our opinion that the adjacent existing home values taken from the Orange county tax records and the methodology used to determine the average adjacent home value of$380,009 as compared to the average sales price of homes in Dunhill being $640,000, that this development will maintain or increase the value of adjacent homes. Should you have any question regarding this,please don't hesitate to contact Howard Holcomb or me at (919) 556-5418. Thank you. oe Lyle, Broker Attachments: Dunhill parcel map Property List 152 CAPCOM AVENUE. SUITE 103* WAKE FOREST,NC 27587• P-919-554-4165. F-919-554-0879• WWWMILLRIDGEREALESTATE COM Du�ill Parcell�Ia�► Pa�� 1 �f� �`'��c �°°4,� r u r �°��� �n�m���* ��'�ICI�+�'. �CIUCl�1f, �'� �a�� 1 �1� I �� �n , � , — �: � �-�w �, ,, ��. , . , � � � : �, �' , �` 5 �� I � , ti � , � �, � r �� t a � r�" ti ; �p � �� �: a., r� .__r � �� �� ��, _ , ,� �, � �� �` �'�� q � ; �� i , � � ����� �.� � ����� �� � � � '�� � p �� � � � �� �, .�_.�_._.,_ ,. .• � ,; K�. „� a� - _ � w � � �; �ti e I 1 ineh = ].a00! feet Cr-�;�a;eci trri 5d?`�I2Q12. du-ange Cc�nky, North Carcalin�. htt�a:llserv�r2.cQ.aran�e.nc.:uslflra�g�eNC��S/def�ul�.a�spx 6019J2412 -Dunhill Parcel Map Page11�1 �i<,p!`• e•OA' !f r, r_ "°��¢ `=t•�''' �range County, NC GIS Dunhili Parcef Map , � �. , � - t � � ',��� �' �, � � �� ���� - - -- 47 � 2 � i� �, } �� 3 � y SU�,��r� �3 5 I-�°PE�`-�' iZ b 7 � � � l0 �.u._� � 'R . � .�_ �- � - � t �_a 4 1 inch = 1000 feet Cren�2d on 6/19/Z012.Orange Ccunty, North Carolina. http://server2.co.orange.nc.us/OrangeNCGTS/default.aspx 6/19/2012 �%�� � � a � � � �. � s � a �- �, �. � � an.��►c�r�T ��.c�����r��s r..��T item# PYN# Ac�-ea e V��uatxc�� Descri tir�n l. ��8�164�6� 1.{�1 $5�,7$1 SF r�sidenc� 2. 98g116�256 �&,12 $"�6,652 SF residenc� 3. �8�� 1SC190C1 1.4� �72,C1�$ S�'residence �. �88�65739� 2.61 $28�,10� �F residence 5. �5���5?1?3 2.46 $b�4,23a vacan� lcrt 6. �881���806 1.31 $5�,�8$ vacant lot 7. ��81�4'7516 1,�}9 �1�3,287 SlF home �. �581�47385 1.16 $l 94,71� SF reside�c� 9. ��$1f�48(914 8.25 �13�,161 v�can� 1at �Q. '�8$�1��83'7 7.84 $458,�70 JB�J rn€�bile he�mes ��. ��$14�5?�4 266.27 $4�,��7,242 Tt�an�Ie La��d Cans. 12. �8812,5�2�3 1Q.Q�2 $��2$fi,?2� SF residence �3< �881�565"74 2.4� $242,f 33 vacant �ot 1�. 9�81�5�79$ 2.25 $222,}$l va�ant 1at 15. 988126'74�2 2.87 $8�8,�Ca� 5F residence 1�. ��8126720� �.43 $�3�,425 vacant lati 17. ��8126563b 3.7�I $�88,f24 �racan�lat 18. 98811?'�43fl 9.82 $�4(�,C31 SlF residezace 1�, ��$1177Q2� 5.� $12�,f�3� vacan�lat 152 C.APGf��rl AV'E�IUE� SUITE 1Q3� 4!�':AKE FC7REST,h7C 27587 m P-919-56�-4165� F-919-554-0&79 m W'Vw'W.NIILLRIDGEREALES7ATE.CdM _ � 133 - ustom ass i cs DISTI\CTI�'E RE3IDENCES � ;:��� _ ii � � k�o�l � - �r <r'_'._ "- =i^ � .:$s �_ , — . . �� s���.-����. � k F} ?..� /....'�— _ - . . .....�... ^ " ... :x r .1 .r1,:r.:' —, ^�= . v'- t �,. �? _ ,�„/�/p j ` • .. �— `��� � f'-- f. �i 'f p fi��', �i�= �0 : 'J7 ~ .73 � �'z� ; . f Bt ...P: ��5�: �:a.� �+��� � 1� ~ � � ^� ��Y. '1p. -g�"II �nI�,� � 'a7�I�^7����jl 3 ��3. '.� �'3I i_ +�,it •..Y* '� y II ! 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'7a l . �,' + .�: � 8L'Y�SII� J.1: � y��,�� :2'� 1 4 i �-�!�H7� ^'J 53J' Z'Z' "93"3S �..7:F j � i �tU Jii' � - � ta„„ . � ;,�p .i ( � i�l,.u�r, u�,.,_ _��} .� .. .: ��1 ,R .�{ - � _��� _��,_ ;` - �'?1"7a�.� -z' ,. , . , . ��a �� � ----._x-� _ _ _.�: _,-�. ;}. . _...__�- _ . .., ,..-�'gM�l�i'�-� ..rti"_ � m c` ` ` a,.,s.Y. .�,_ , ��� ,{ ,tt,. .- - David Weekley Homes , Plan 4-Bi•oadvieiv t `����� L•le��arion R David V4eekley Homes ,,,,;,� .� B�oadview - Elevation B by David Weekley Homes .�- 5ee a Da�rid Wee6lep Homes Sales Consultant for details.Prices,pluis,dimensions,featuxes,specifications,materials,and availability of homes oc communities are subject to change n�ithout nofice ox obGgation.Illusuations are artist's depictions only and map diffec kom completed improcements.Copyright 00 2012 Dacid Wee6lep Homes-All Rights Resened Raleigh,NC 134 • '- us�om asslcs � DISTI:ICT1 YE RESIDE\C6S '� � _ _ _, � _ _ _ `- ------ --,������_---�_-- - I r .� �; - _ - � � sa - _ _ _�r� - i _ } /—.— css - - - ' -�� . _ -_ �a _�_. �-�` - _ - > . �— \ I .�� i� � � ���--��-.�_ � �—.�-�—�--1 � �_ •:*/''� - - � .. =� i" _ -; ' �;���'�-_. �-_.r—.�- .,.__.___� _ �.}- \.; _ . �i � ��� �f, � i��i �� '�i � _� -1 _m�9��� � a �\ _ .,:. � -� �t� I �3�5 �� l , �� _ 7- G.7-7} -y•l I � ` \! � F:� �'� r i �7:7 j I ��._��i� �ia,y�.;,,�` i�_i.1...7 �1u. ���7�� � '�- . - I — t{ r.... �'i ����.��� — - — ������ _ � ��;•"� ,z�; I � .i ' �' ' �� � �,� � �; �r��i �;_,�. � �� � aa� ������, .-�` ' � � 9 � 1 �,�� ' ��� � � ������ t .'a � rt' i � � . • � ,.,J' !�P++ �-�tuj � t �,_� �y]7 �sar� i�?� l�?t �3 � I , �_ _;t� 1G�+ '�i "nc P ���f��G'I 11� ;,�i.-�rl' � ������ - - - __ - � � ��-1�L? 1 fi�i � � - - - - - _ � '�� � <r��t�,,��' --_'=��,� r`p.�� .z w `' Millhaven - Elevation A -��,3 � � � ��� , , ' , � �a� ; _ -�� r - -- . - �_ _.�. �,�, _.. � --�.....� � � + �-T ,��� �, "'� y�,� _ ��39��`�� e" �'" � ' - �' f Il ��= 7 v �. ; 1 , aa � p�.�}�:��.- s��aa°+�� �."' � "� I„a.>i "+ 7� _ � �- -� ,�r — --- i` ' ,..�.,�a.,:,..,,�..,�.....�xe..._.,-�;�� ' -.. �., � � ,i � '� ;� � - � R�bw '��i�- � ------ �� �' �-----�— � -�-- >�y=�. 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Millhaven - Elevation B by David Weekley Homes . .� See a David�eekley Homes Szles Consultant for details.Prices,plans,dimensions,features,specifications,materials,and a�-ailabilit}�of homes or communides are subject to change widiout nouce or obligarion.Illustradons ate actist's depictions•only and may diffec from completed impso�-ements.Copyright�V 2012 Da�-id Wee�ley Homes-r111 Itights Resened.Raleigh,NC - 135 • - ustom assi�s D[STIVCT(VE RESIDE:�CES I ,,; ' � ,�r- � '�` , ���a , �- r- . _ � s�. . X ti �; � � � ,�*� ` � �:3 C� II: � r�r � tt��i ` � '-'-- � - �.*.$i3 1 i� s �,r� ? =. ' �''' �-� ..�r � � �4 ,� : � c� -�"�p'Y�` �° _ _� � 3 � Q :aM'�-.a�`"t'�^���`���'�f r�. d . :� _i. ' R ����' "F" ..� �j �s d� �,-�.� � z .� a r� ��.�C .� A a� 4'�� � � r+�.��.� � ,:-., � '�¥ � '��` �! 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David Wcellcy Homes David Wcekley Home� rd� :�ai,n s tre Prir .e Pbn <�� � Ba�dNCdckyHomes .,.�,.�. ��.,.� David{K'dcicYHomes „��. . I'rimro s e II - Elevation C Primro s e II - Elevation Y �� �} � � � �; : a� �y� �. i :# 4�� � � � � �. i�� � - ��� `--' . . i•� , i � �� . ,� . � � i ;"�" .r�... ,I � � ; Y�� I � . -��a . ,� ���'Crr.-�v...'':� 2�,'"^:�... � '_",�*�. ���. David Wcelley Homes � e,rmn�:�rmo �p�;;;��� Da�����iekkyliomca tT,r��r�i•� Ei..sa:;� ��..'�,,. Primrose II - Elevation Z � � by David'�'V'eekley Homes �� See a David Wee6ley Homes Sales Coasultant for details.Prices,plans,dimensions,features,specificauons,materials,and zvailability of homes or communides are subject to change ryithout nouce or obligation.Illustcations are actist's depicuons only and may differ&om completed improvemencs.Copyrighc�2Q12 Da�id��`eeklep Homes-All Righis Resecved.Raleigh,NC . 137 = ustom assics DISTINCTt YE RESIDE\C ES F�e �, v� ��P ����� I 3�''g.�. . . . � . .. . 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S � �mU t = t�. i a aav a '"���` �.. '�' ,� � B eH'' � �� '#, ' �n��� i:$c�Ef �. s auy W � + �'" �� snd m3i '� fi frF#.,� ..� ±,�.+w�i� . �_ ��,a'J� . �. �o-�� * ;f3 y ,-- . : .�; c"7'.^ _: _ 31F�7� .. . :` �' '�:�^ y��..+n--^ 'C"—� � -' „ ' `k� . Y� � ... . a�-. ,. �s/��aD�� '" II . . r . ' " L:' _ y. _ r erv � "%55^F. . x' . , Havenstone - Elevatio�. A �a� ����� ; � ��y i �� — ; � °���� =� ,�,, — — ��.. � ���se� � �;� �,:�� �G.. ��I . ��_ n'C I - � ib:. � '\ a�� f � . . _' ,— ._` :�'." ',x � d �°i�' � ,� ,�t,�,.'. -s"`" ..���k � • �i �' 'e� '�� ,�,��':s�� -� } �a � � !�� �+ s�' �I , . w„t� � �... �_ .� . .� ' �� �� .� _. . ..��-_,� - � ti _ r r .� ,,tt�i y.. _, � ,i ' '.• ,y�`�� ��a a � �� r�"" r-- g�*,iat. � 'au . ' _ . .. _ �..�+- _ .. ��'t e ,. � �-i x� ;na ;ou� ■ � t� a - f°'� �. ,f3:+°"' ' I. �� ■ea ra aia �.a� ��' �� f{��''4 :�i4 ...... ,,: 'llfi 1D ��7 37tl2 ��.. 1 J° :t� �" } ��f � . . �■E7 :■I� Otl � , 3��� — . rY0 ,i , y �._�k �.. �� X #{ � ' *yR .>> �{��; �V.r, .,�•¢�t�"',—�'�1 Havenstone - Elevation B by ' David Weekley Homes � ..�= See a DaMd 1�ee61ey Homes Sales Consultant for details.Prices,plans,ditnensions,features,speci6cations,materials,and availabiliry of homes or communities are subject to change�vithout notice or obligarion.IDustrations ate azdst's depicrions onty and may diffec from completed improvements.Copyright�2012 David Weekley Homes-All Rights Reserved.Raleigh,NC � _ • 139 - usto �t ass�cs DISTINCTI VE RESIDE\CES �> � i . . ` . - � ' - - - r, a, �'� - � ��� � � � N � -- � . , ,, - - ••g'�'1'' �, ���.\. � _ � ''y, _s�� _ ' , , - . � - � .,��es �.� ._, �_' - _. — •,'e v ,�`'y"Jc" - �,/ � ..�i - III ��'�F: _1t � �i ..� j `-� �� '' w�t.x; � ` �! � �� r` '�7°: - -- �'�- � � <'' --'� �. ;.. �_ -\i ��"��'` � -� � ' � '� � � � " ` � ' � ' ;: � q �--.. _ i; .�' ��*�'���� - y "� i P� 1 � � �� . �..� 1} ; - �,�, •'.'!�.� � - �� �-I ' �1_ ��1 \�l� �i ?.. � _.... �,_� ' ` _ r t. i a � � 7 � � �--� -� ..�� - _ _ -o-'' ���� �- �il' � a � : � t s _ � �.� ' -ir '� ��'� , � _ _ � �°'�-� =c�.z.,.._ .-t'� `�d--i"�w' �. ��" _-�.�.r ��a �L . e '{ �. + �# . '..�-,-' � t,s i::.: .� .. . �... .�saD;.,.. 'F!�#:.y _ �J i i ��� t 5, � ,4„.S F_ �--, -:g'-i�. . .A n�' . �:°°• li ti ° David Wccklcy Hamet , � & ,�� A•�°� ~�i� ` '��� _ .t��� Devid�iE-eklcyFiam rr��:-o,in.rdtr a.sf��.� ..�.. „�� �: Dnvid Neekley Hames . . . �" D��idR'rekleyHomes r.�,�.� .e.ur•dd�•� ..1 Oakb�idge - Elevatio� A Oakbrid e - Elev ' g at�on B �.� - .� � � ���; f .. ��� _ F� _ _ . . . ���� _: f�.1.: � ... : S l _ - . / � � f lf - ��� ���'°'��S�''��•°�:� i1'-1L �1��� r� � ��$'�. _ �*���' .'t^; i.. � � 1 I 1 =a=iv��� ' t=?:��' ��. .�+..L � fiy `l i 11 —� . ' ....?:.i�G'r'1'Y ��� �� -� . ��." �� ���' s;���,�?_ � -_",,i�t�;; � ��� � I _�: . ,_ ,•� �---�'� '��.:<.. David Weekler Homes � ilnn_-W4 iJee ai°�"i 1?�dt'id WeCkkyliOmes '" �".°vi•" � "� " l- , Oakbridge - Elevatio� C by I)avid Weekley Homes .,,�;:: . See a Datrid Wee�ley Homes Sales Consultant for details.Prices,plans,dimensions,features,specifications,materials,and availab�lit�of homes or communities ue subject to change�vithout nofice or obligation.Illustrations are artisPs depictions onlp and may diffec from completed improvements.Copyright 0 2012 Da�id Wee�ley Homes-All Rights Resen�ed.Raleigh,NC 140 - • ,- u s�o�n assic,s � �- ' D1STI\CTI VE RESIDE�CF.S I , i . i � ��I i i ��� � � ,, , • r_._.. _ . a , — _---_ � ; �, _ __._. . __ . � 'r ;�`"• _ .a■ aer�_ _ -- , . ^,;�* ' . '''r:� �81L El�.�:; �'.I i ��.�:�r � -- _ �;F...., . ..'i"'�4r , - . �. ... ._ � r�Y __� . - . �' r�."' ,.���� �� �3.... ( — �*,r'�-�,�� . ;±wr -�1f'� �'��f` _ '�t �l: _ ,1.�- � 3!�i � .�. �.. �,...e i.. �5�.'-it -__/ -, . .7 !. � �.1'i ✓��1�� q'�r�.+'}����^��rt aiY•�.e -- °'^+'�r �� �4^3 ." - V�+�i"ar� — h i �n �, j. �+.lr K b� ' -_' --y' 5��� 5t+ � a X � ���� �'s:l �'� �f� r��� a�I J ��� ���� # ^ ���. �� '� I� �� - 1�'7 '��` �,�+.°�-7 �$ " i ` I � � I � �� � y .;� � -.�a - � ,. , " - ;, ��r�5 -,4� . � �f -=*�,3..�&w "$,,:+ -�'xaai.i . .�'+''�'''�'�.�— ,�� .� .i .. �.�i, �Nii�jt , °.^�n.0 � � Grandstreet - Elevation A ����� �-, � � I L I��,: . -�-a�- - - `'�� - � - - I, -r� .,� - � � � }. �__s�� ...�.�y�...����� � .. : �% �.,,�`��'.�:..�-4 _ ; �� �°�, .' :�- ��' -- � � ; \ ?n ��,f r �.. _ .. '� � � �:r _ � � �: �e ��;� ��'—� ����.k. ��� � � ��� TM�� , �` TG �a� � i -�� ; "'�"'�\ � � 4r��`�� �.�;a3� �'^a'"�.} � ���-� g ,/L-- -�j i' : � "'�..�" s ;i� ; "" i �� .i` ;�-.�� - * . • �_��� '.' � � � ��.��,� < � : _. .,.� _ _ �� � .' 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See a David Wee�lep Homes Sales Consultant for deta�ls.Prices,plans,dimensions,featuces,specifications,marerials,and availab�it}-of homes or communities are subject to change without noace or obli�nation.IDustradons are arfisPs depictions onls�and may diffex from completed improvements,Copyright 0 2012 Da�7d Wee�ley Homes-All Rights Resetved.Raleigh,NC - 141 � usto�n as ' sics DISTI�CTI VE RESIDEnCES �,.�,� � �. i ix �#�` ri is � n -8� ae.� � • � ` �, s.�A�. � ■■ . ■ � �� Bl���. _.��_, Y z�$,��`� '�� �� , ape n� ■■ a . � � . �,�1;. , e� � ��:OClm i�il � ,, ,.�.��':. i ' � �r ! �� , . , _ • :: ._ .__.._ � . - >� ,--, .- � I � , , *�°��;� _��. . %: �� ., , t-- , � �. . r�:.....,��r.:.—��....� � �t ""x�k� ' �°�e aor a� ae , ;�r=.s a ' � ■ am �n a� i �� — , mom ' ��a� �i ao �o^' �i i�. #:b.. � � i , k'� 1 - -- , � i 1 - - � ,� r � ' _'': ," � ` � � . ,�, ..,. _, = t . � e � ;_�� . � : �4 Hollis - Elevation A �,� � �x�,�,,,� - �� ___ _ � ,�'`_?�, '�' �`a �, � X-,- . �� ��� _ �,�r� " �� � m. �. .o :� r _ "�. � i. 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See a David ti�eeuey Homes Sales Consultant for details.Prices,plans,dimensions,features,specificadons,materials,and availability of homes or communiries are subject to change arichout notice ot obligation.IDustrarions are artist's depicdons only and may differ Erom completed improvements.Copyright 0 2012 Da�-id�Kee�ley Homes-All Rights Resen�ed.Raleigh,NC 142 . ustom assics '_ DIST[\CTl VE RESIDE\CE5 I II ���yi��* ,{�.�.` I 3�:� � j'I' i �lu�' ,� ��` � � }�* ? ' � ��� �t.� � ri i��� ' I ��"..��R � J � '� ( y � hl � . :� . #� , . � �_. .�- � V-� - � ��.-:. �r ;_ F, � � �� s. � �� � ��-- �11� -- �° .���� .».� _ � , .: , , , ., � � �• , �� ..-�.�.�� �� -.._..� � z `�'-- , � � .. x . —�y � �� :'..Y'r ` _#!�� ��^ �. �. 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Manorleaf - Elevation �3 ', by David Weekley Homes �:a See a David Weekler Homes Sales Consultant foc details.Paces,plans,dimensions,features,speci6cations,materials,and ac�ailabiliry of homes or communities are subject to change mithout notice � or obligation.Illustrations are actisPs depictions only and may differ from completed improvements.Coppxi�ht�2012 David Wee�lep Homes-All Rights Resen-ed.Raieigh,NC i 143 = usto�n as ' sics DISTIYCTI VE RESIDERCES , �� � �.: � +`; �` II���l�t! f z�}' T-'"s�w� ��s � ,�r< <= I� �I�''I'�I lll II .li. ... ._ ,�. il _,�� • � -- -_�i.. • t __. .. � ...w �. x M�+ � _ �� � � �'�� �.i t8A !i7 � �5139 �9��,, ,*3';a'�, Q■ "'�-_' 113ti7 ■� ir.�- 'd' .�,,���;-„ �� s � _ �l�l� 9R = +r`� ,pc' � `r � -�"k'�,a.� .: }�i� y _ - � -_.._ �_.�>, > .s., :;"'- yy��m(i.r��.�y� }',:y:+' � tl9 � 4 '�:. '7 �: �.. �! l� ��,• *� �.p:i ` ,3 � ! + 7fS3' $Ela YH1 .,�k i�x?r . . on9 ,tf o,an"'1� n°�- � .aa�t am ,8A GO� .- �` .,c+: � � a4a' �. (�. •,r � �,��t �. '�`ac�� ■c �t '� '. ,� � �'� . yR'Ejary; i°n� „�'�'d, . a°°u . — .aaz� aa : � �l�flj 37 D� � ..., -� 4� � . • ,w �Y* -- _ � . .. •...' . �� _ . 2 , _ �.- �-�, - �-.�.�,� . , a' , , . .-,-F.Y-a:;:'^+ ;----..�-� .AF�� ��� _ . David Weekiey Homes MeedocvridgrPlan y � David Weekley Homes cr��v�,;a�a f.=� II G:f• .4".,�:;.;i�. Meadowridge - Elevation A - , , -- � - _ ��. __ � =��� .�..-,:��.�. � ; ��. = ��� �-�: �� � -' / :, � , . �- i ;t i �, `f � _ ��;: , - � � — :��-,��- . ; � . _� `. .., 4 = : _ . }� ��J" L i i_" -. ._ � ,�-"�'A�e� � ,�� � Y���> �� � � B � � �II �I1:21 :" � /p �� . Tti" �AO� I �,� ' � � ii3 r• il �� �.^q`. `� � � � . . T� . �. _.,"„'T`J ""P` "' ' i "t T+ �. . ,�i�iit�i��l�ii�,i�i�1�i�111Y(it�i�iii#�'f �I � ,, . ,,.� �: ... . . ���.rrs.t.ni�� �r...u�, ._.;f�. t�•:: — ,x_ _ ---- �� .-�. . 9 , � a r�s ��' � 'i41 :`:.a� � - ;1� �,y�; . �� ` t.T. - _ _ y � �� K �� :,;�_ ' �f:r`i3�;"•�`�,` _ �: Meadowridge - Elevation B by David Weekley Homes .�.: See a Da�7d 1X/eel;ley Homes Sales Consultant for details.Prices,plans,dimensions,features,specificadons,materials,and acailability of homes or communides are subject to change aithout notice or obligation.Illusirations are artist's depicrions only and may differ from compleied improvemenrs.Copyright�0 2012 Dati�id�X/eekley Homes-All Rights Reserved.Raleigh,NC .. . � 1' ! ���.\ r� �` �' y :� tA N ,r �l '� . ' Environmental Assessment(MDH July 2, 2012) �� � �`, �� �,�r� ', �^,�`''� ."} �.� ; - PIN 9881-15-7138-67 acres in area � �" 'j �'�` � `'= � ���x �. �"�, •?3�� :,a'�:�, <rr� .;;J tn �.,+�i�' - .� '� �+ .� �� ��. Q >+iw.. ��- ,' Rural Buffer Zoning-no watershed overlay designation '� ,� `°� �r+�'�Gy � � : Minimum 2 acre lot size •,� ���'�`' �7�'�Z'�'�a I ���,.,, y' �:=,� No set impervious surface limit � ���"� ����� � �1 1''� � '�� � � �`�`t , "� Streams on property(buffers shall be required) ° ��,� �� �''` �r �. u ��� ' ��:���y ,��� -���: ,,�,� r �: * � Access via Mt. Sinai Road- ro osed streets to NC DOT standards ,r, �� ,, „� ,� ;.-3, �,. ;, x ,:,. �n ,� p p .- �� , , ;+ �, ��- . Stormwater- Upper New Hope (' �=:k� ��, �`�n�l �Is (shown) ��• ��'}��y{�. ' , � ''l . -� :� __�_ � '��1{?. ... - � � . ,� .., .. ._ . �� n•v.A.� Nrlj. � �,� y>..Y . _� ... �:, .:r. ,.. ..s, _ Y 4.�"�;�� + ., ,., y �, "��,, �, � � P��� `MT SINF�I P. � � � �+c"F . �r� r�� yry �,� ,� " �` 6� 3))) i,�l � `k � "v.� y b 3,.T �\� fp � 4 6.)���.E .i�� � f�s !`d, �:� � � ';�� . II 1► � ��s� p� ''� C : �� .� l���� �� ! '�. �� �L t S� ��� �\ �.r=.'-r I � �� �� � � e�. �n�'k� '. ��s.''+� s��a� i�t� p/ F� f n��/� l� \ �. � 1� . z t� � ts 4 ' ao +r �a�s,�� s�,i � y�},s� '�+� �' js' ',� �=" �f', U ` .. t �a3'^e.-. Y � �:,� t t .k t e . t I�y y.���, a�r .. q� � �� R ' Y���� .} .�' rMr ' :r. * , ..� � S"�,}; 4 +i" C :�F f�, ,� 5 ���r .�.�: fF .�. �. W .�, ��pp� { ' � �° �,:* 55. �x s��, �+ . ,� �v,+. ff -�'l t -��` . C9 �i. �.L4�a � �x �_t+ai�i h� °�"+' � 1 t''b 'k a.e� L. �y#�v 1 l -�y�1 $� r � rq ;� � ° +, t� ���' t"'t ..,5 ra rr � y�- , Q � � ,� � a'.. ,� ,: � � �24 ��� '9�;-' I �; �S' ,s��r ,r� ' ai.; ; s -� �!'' i* � E�\'�,. �a "'�; �.� +.�'`��'�'�sbt ���T .... n r:+w.o r J ' 7t1. f;u r ' . � A . .� '� t A�� �4` '..? � ', , w�V� �I '�n �i a x V 1 L "5�y �..')1�'er r �� 4... ,� -s� �:i�� r..0 ;'� ����',t. ,w ��� �t' � k ¢�� ���-�f+ � �' �, } � � �� a s r%' , �'3,rk� � �i'�r,�`a '.t �; 'u. 'e� ,' �` t' {��,';,�+� j;q �v� � ,I��' ° u �,',�� ����% '� ';e� � � � � „�� '"� r`''�"� s+ �s':/„t � �'� , �. ae 3 -.� f �;.4 � F, ' ��1M ��� �" 5�v n �4 K'�'� i k .. , . �� . `,� � t. ��„;,'�:.. ,. tl..r� .�* .� ' �� ��� �� ��" t ,� d -1 v s ,. . �k V . � � �� X y� `�75�� y . r.'� ,, F� . �'-", ��1 �t�`';se�# �a� �'�' ,� " �y � '��' j ° �� � ' , ;�, �i-;•� # � t #'' �c a,� ?+a-� .� -�.� � �i. t ,�.f# i� �' �k.�. � a`�� � `� '��''� `^'9 aa�� '^'�,`��i ' ���� °*r>, �: " � �1g'� ��' ��* '� r f '','a x`� �, t�F .. : ��,�°� �,�y°` x"���'� ���.�`` �' "���es'� .��1.' ...�4�" �� � J -` �'I � "��'��t�. } �'� ���,s l::.�k.�D �''v�"'��e�'� � ��#�F'+�\•."�'�xz�'� ��:;." ��s.: a �� 'l-i� ,y � �::e, ; �;�,`��--� � � �. Upper New�Hope Creek�Arm�������*�1�,�'��,� ��# ��-��,� �n - ,e� � �s �,; `'�--y�l+�" -�-r�0l�+r �,r,,.��'4�a EF:�;,�l' `S 4:�!x°' >d f'. ±�.�;s +�'�^ �- wr-�-�-� � Nitrogen 2'2 Ibs/ac/y�� �� �" �� ��t , - �•�. � `:` --L �� �.,.�. ---,- ��� , � � t„�,�a��.� _ �� _. . ' � , � ..-. � _ �€� � �� „ � � ,Phospht.rous 0 32 lbsl�clyr+�� ��'�,��, '� >,^-� �� ��_ RAE CIR HO G�� �' ��y�� �'`� . -���'r. � LLl' ,.� k ��r.��x $ t=�,� ' �� � , ,, . �� �- ��,,:�t. "� > � '�, *c ^ � � - � a � " • ., � � P' �� .:� i - 'MP .w I. ... :. � �"; `°`;s �`y � `�. � G` ,•:�R�'�'� � �';'� � {�/�,a° ' j r� �+.�� '`.y �.�3F 'j>'4��1 T *' ` .. yY ��✓g ,� y z!� ��"�`���a � � � . � f` `~''"� �: �? y �z � R�" �Ai.'.. j ] . � � � P'�'A� � � f ! ! F4 � J ,- _ , p . . � � � ��,�� � �' � �,. ; ; .,. � u �, � � ,� _.,� ��, > M � w cY y��� � If . .. :� g� k � .. . �'` t � .��'�` � �, •'a/� ,h.' a `t6 3 #5 e � ����'� f' �!' .�} ' � '�. � '�, � �� � � � �; �� y, y �� , � f'. v 4 � '`'+� � 6��. .. s �" . . �. � j ,�`� + � � ,�i�;�; �; `,.,�� �:� , ��,� �'�� � _ , Trian le Land _ ,,. � �� � � � >��,,, ; � .�Stream�B,uffer � g � i�� �, < < � � F�� ,�T� � � Conservancy Property ♦ ,�� �� � �, �,±�� fi� , k} I �'= = J' ��9� x t��¢ f .� � � �► "``�" w�� �� I � �h. �` �"4` �1 f" . . °� �. � `�.`. � l � � �► � n�,."'.1 �,� � f: �,''-�t {:. F;: +��� ¢ , . . �{ y�} � �j`�`�-J..u. L°'��l�iJ` � AXE[J� ��. * -. �a�'� ¢ � ! � }�I'7� ��� _ � Y�f �'1 .'.,U°'. �q,. :t,. ,=;,1�,.� . -�' ,��., ��,lS' �}t�►t� .,�,'�. a • � 7 �� �� ..�� ;, ;. . .� .,� � �I - . .. . .. � � �' � �•� � � fi, [ a r �wn rn trs rrap is oL alned`rom Orange Ccunty ��r? �`� ���- �f9o�o�� �� � �" _ � �� � � �i�and is for�reference only � � ,.,._.1'" ♦ � � �. � �'�+LiJ i 10�IL-E HO��^E�" Fxzctlocahonsandboundanesshouldbevenfed 'i�.` , � ' � � ��, F ., k>Y,4.y�;. l�� :=Yi f; � P.1ap prepared by Orange Counry Planning&InspecLona . '� , � � �` A��.. ,a •� �.� � �z •:� ���f� � ��. � � ��� USGS Water Feature L� Parccis �onirg L� 100'YR Floodpiain(Efrective 02i02/07) �`'�� (� � ��Soils Survey Water Feature C.J Township City Limits :::r: Floodway(Effective 02/02/07) ° � �OC Updated Water Feature�°��School System Boundary O ETJ �500 YR Floodplain(Effective 02/02/07) >>, �Water Body Contours Conservation Easements 0 Buildings •� �Held by Others t inch=35o feet O River Basins ���J1County Boundary �Water and Sewer Boundary , �Watershed �,`;Soils -Orange County o 140 2so SsFeet Conservation Easements i I ' � r,. �,e , / • ,'' ��' Environmental Assessment(MDH July 2, 2012) � Y� ,;.� ', l {��i '� ' n ,,- J.. '' PIN 9881-15-7138-67 acres in area `' �-�: ��. �r . �� " �'� _ � " �' �� ` �" y.� �'��, '.'' ��..,�'{r:��'� °•— .�,��, Rur I B - �� ��,�,.' ,,, ��� ,�c .._.� �" ,,�, a uffer Zoning no watershed overlay designation �. '''�„ ` �� . a �+ �. , ,. Minimum2acrelotsize - � '-• ' '�r�' �7,���$�Map �'' '`� No set im ervious surface limit '`�� � 3'.'��_� �': � � �F ;�.��� � ��'_ ' ' �w� P ���i' «..,< ,!` � Streams on property(buffers shall be required) �` =� `'' ,'., ,a;• , �� � �- �'�� a r J 4i � � �:�' � '� ' 1iirYtt t' � C 4 ,. ,� � + Access via Mt. Sinai Road- proposed streets to NC DOT standards -� �� �.�� •�"� Q �� ;��� ` ; '�� � ' = ''�� , ' �,r° � �' ��� "�,��;� `� � . .: S±ormwater- Upper New Hope Creek Arm standards (shown) ,,+ ;: � t' ; F - - ,�.- . . _ ,.�,.-� ' < r�,-a, � � ,;�, y�' f . K` �N'���tr/ _ 'MT'SIN�\I.R� f � a +t �;}�4 � { �t ���t�;�� �s. � '.�` 1�'r � s �. �w .�az�g.:.� � ^ �.^ ..3 �t �' �''�� �a �� �a}� 1�c�br � F:`'��1 }� � m, 1 � "" ���, Y '�"`�` '� : � �'., f s�t < ` `� ',��"y �,=r��� t� ,a��r`� �� �''�� ,� ,,,;.� �'� ../ l0.,� �z 3����' ..�A� � t a � � kr�.. 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' , ,,�,; :� a,,�, • = �� .. . ; �. .. �: • � c - . , ,�,,,� � ��` k � y .y�.� . , ' . � ���.� 1; �'���e"y�.a'": � � >e '�+�� � � '�'�, : , f"° s ° � LJ 4�+�'�, �. � � a � � � � � � � � . . e � � `�t �� ;�'���� �;. �ri a e °�'" � . i !i � 6 �� �l . . . . k ��� II .�, -�� � � � ° GE(_�i � �, � � f � � '�. s,�,l '° ��'�` � �y�" t� f�' ;� ��'� i c��,w ° "#�, ° � . . � 1. ' g, p' xi� `�'�?� `�:*r '4G �;""s �� .�� . �aa y��� '' ,���� � � ' ` '�' . 1 � .��a+ 3` � � .j� .� � � �; r f t. �`�� °i�, f�p ^"�c .' � �.' � � �`�` � � ���°` � .-t� � � � ; �� � �r, .,� .,..d •:� fi.,r ` , .a;��;, f . � �•7o-�! R �;, ' r, . * �# _� �, i z 3.�'js`;�>� . �- �•'�!� � � �' � �"'.^` ^''�p• �*,: .� tA t � ����' �� . ± • W a + _ �.� �t . �, +'fi ,+ x j� ,�`�' , z1 .0 �,� � �� �" � f � ^�,�� � � y C ��� � x ��. „1 +i .� � `y.y,�^ � . .5S �. � � p'��J 4^ .� j..♦ w7 � _ �p�,J�PJ1C�BILE'�HOME.PARif ,�,;, 'r� , � , , . �' �.. �, , , . ;i �� , .. � a . � , , _,. , , ��- ' '�,�' "� ,i) .. '�� . �3 e • � ��. .�� . �i� ,j *� _ 7 j. � `� 1� ��' �:YF`� .r;: � Parcels ���� � -•�,�* �� a , N ,;�=soon EWIS'Rp x �� f ��� Q ZO ll l ll g '�" . ,e �- ' �Feet . i ii ii ii .�iiii '`...c..,.. � 0 100 200 � Parcel of Interest ,f � �_,� ���� t" Orange County Planning and Inspections Department t" , r� 'Y� �:,� GIS Map Prepared by Brian Carson.6/8/2012 ,,. ;, , , , , , _ _._ __ �._. ..- ., .p`� ��.,.� ,'� Attachment 3 c�'r�r��e �o�r�t� I�e�lth �e���t�e�t ��ave��" `�'aa�fN� � C'al.:leen.Brad�er,:MPI-i,I'hi) .� ° . 1.'revent • ['ronlate • Pratect l-�ealkl�T�irectar zx � �" `' ;� T'artnerin�fc�r tl�e T'n�blic's He.al�h. �� � � �� � � _ a. d�.�h �aealr� 7Uly 1l, 2012 To: Michael Harvey From: Alan Clapp RE: Environmental Health Comments for: Dunhill Subdivision PIN: 9881-15-7138 Proposed Lots: 26 Proposed Septic: 221ots on-site septic, 41ots off-site septic Proposed Water Supply: Community Well l. Community Well—The well site must be approved by NC Division of Water Quality Public Water Supply Section. Environmental Health must receive a copy of well site approval prior to permitting. Once well site is approved by NC DWQ and application is made, Environmental Health will issue the well permit. Inspections on the well are coordinated between Environmental Health, well driller and Professional Engineer of the water system. 2. Septic—Lots are evaluated based on an application for a specific number of bedrooms for each lot. Soil evaluations are conducted in the same manner for each proposed lot whether it be on-site or off-site. Orange County Environmental Health requires backhoe pits to be used for soil/site evaluations for major subdivisions. However there are some differences between permitting for the on-site lots versus the off-site lots. A. On-site septic systems are evaluated and permitted in standard fashion with the entire septic system and repair area located on the lot itsel£ Wastewater Construction Authorizations are issued once the lots are recorded. B. Off-site Septic: Please find the attached "EH 38.0 Offsite Wastewater System Procedure". The major differences between on lot systems are noted below. a. Easement: Off-site or remote septic systems as proposed for lots 23-26 will require a dedicated easement from the dominant lot to the drainfield area. A NC professional engineer(PE) will be required to design the"ganged"force main since the flow through the easement is cumulatively greater than 1500 gallons per day. The minimum width of the supply line easement shall be 15 feet. The PE shall submit a written certification that that the supply line components were installed in accordance with approved plans and specifications. The supply Envir�ra�m�emtal H�e�lf1�S��ices 1�"1 'U4�. �'l�r,��:rct L�a:nc,�aaitc 1C}�t r E-�a1Ns�7��r�u�;��,�«1'C`�'�2r"�; T'~'��r�ar�r�: �!��7�J)245-2�r5U � �'ax:(�J7tiJ}��-;:�U�G �nawvv.�ara�gecvuntync,g�av/e�v�tlth lines should be installed prior to subdivision recordation just like a utility. b. Permitting: A Wastewater Construction Authorization may be required for each phase of installation including a) supply lines, b) drainfields, and c) tankage. All tri-party agreements, easements, encroachments and Operation and maintenance contracts shall be recorded and executed prior to placing the systems into use. c. Access: Since the drainfields are proposed in a common area, a dedicated 20' access from the end of the proposed cul-de-sac to the drainfield areas. This will allow for full access for vehicles and equipment to install, maintain, replace and repair the system. d. Permanent markers: Each individual septic field and repair area should be surveyed and marked with permanent markers inside the common area. These permanent markers will need to be clearly labeled as to which lot it serves. e. Operation and Maintenance: Since the supply line network and drainfields are located in common area, a higher standard of maintenance and monitoring is required. Orange County Environmental Health classifies off-site systems as Type N (d)which requires a private certified operator(ORC) to inspect the systems and components once per year with a reporting frequency to Environmental Health of once per year. Environmental Health will inspect the system and components every five years as required for all pump systems. The owner(HOA, tri-party, etc.)is responsible for all maintenance and repair of the system including mowing of grass and maintaining access of the supply line network. Let me know if you have any further questions. ORANGE CO�CJ�ITY HEALT�I DEPARTNTENT "T4 ENHANCE THE QUALITY OF LIFE, PROMOTE THE HEA�TH, AND PRESERVE TITE�NV�RONM�NT FOR ALL PEOPL�11�TI-�E O1tANG�GOUNTY COMMUN�TY." �,°�'rt� He���`� � � � ° � � � o � � ��� North Ctsrolina Public Healrh � FI� 35.� Offs��e Wastewater Sys�err� Procedures . ApPROV.a�, naTE: A�ri1 17, 2408 SIG�ATURES: � �-.--..�""�viara�mental Health Director �� �� Er�viro en�al Health Super�isnr Page 1 of 7 �.a Review Due I3ate: Aprtl 17,2009 Revicwcd by:EnvirorrmentaC Health Direcror 012ANGE COUNTY HEALTH DEPARTM�NT ENVIRONIVIENTAL H�A�.xH SERVIC�S POLICY ANU PROCEDURE MANUAL Sect'ron:Environmental Health Appror�ed By: To�n Konsler Effect'rve�ate: April 17,2�U8 Reviewed By: Environme�tal Health Directar Original Effective Dafe: A�ril]7,ZQQ8 Poiicy 35.0 Off-5ite Septic Systems Procedure This document sets forth mi�imum c�esign.criteria a�c�procedures�oz the us�of o�'f site or reamnte drain�"ield sites. The design criteria are rr�inim���n nature and rr�ay nat address all aspeci� of remate sysfems, All ofher appropriate requirernents of 15NCAC 18A .1900 atad "O�ange County Regulations for Wastewater Disposal Systems"shall apply. Use of the praposed reannote system and any conditXOns s�ail be described in tt�� Ca�zstruetion Authorization. Suc� iz��orz�atian shal� a.lsa he cleseribed on�he Op�ra�ion Permit ta be issued upon t�ie acceptable completzan of the systezn installation Pur�ase The purpose of this polic� is fia ensure�hat the public rec�ives t�►e l�ighes�quality of service �'ronn fihe Health Depar�tnent in its irr�plementation of the onsite wastewater progra�x�. 38.�.Remate Syste� Terms ' 3$.k.� C��'F sit� sys�crr� means.�hat��ortian or ail o�the wastewater s�s�'etrz is Ioea��d in an�asement area, is ar�another property, c�r is greater than SOQ �e�t f�azn the �acil�ty.. 38.�.2 TriWparl:� agre�ment—An agreement in accardance with .1937{h) between t�e Develaper, Ho�eowners Associat'ron, and Local Health Department. 3$.1.3 Ea�ement—A documen�that is reeorded a�.�he Regis�er o�Deeds and co�tai�s alI applicable�rovisians of rule .1935 j. 38.1.4 Comm.a� Area—An area in a subdi�visiqn�hat is owned and eontrolled by the Ho�:�eowners Assaciatian. 38.1.5 Special Purpose Lo�—A nan-build able lnt designated �'a�r the sole puarpase of installing, maintaini�g, rnonitoring and repairin.�a reinote was�ewater syste�. 38.1.6 �u�ply line—A watertight pipe used to convey ef flu.ent from the septie tanlc or p��np tank to the distribution deviee or drainfi�ld, �S.l.7 �upply line network--A group of two or more su�ply lines ganged in one easernent. 38.1.8 Facility-means one or rnore dwelling uni�s, plaees of husiness, or places a�public assembly t�at generates wastevvater. 38.1.9 Iarainfiel�.Alternati�g Devzce—a man�a.l oz autamat�c device that diverts flow of wasl:ewater from on�drainfield(nitrif cation field)to ano�:her, 38.1.IODaminanl;Lot�-the lot ar parcel of land on which the facility served by a remote syst��n is loeated. 3$.2S�stern Descri�tion Pa�e 2 of 7 �- Review Bue Date: April I7,2009 1Zevicwed by:Environmental Flealth Birector 38.2.1 Minim��n pret�eatment by septic tank ant�ei'fluent filter as required in 15A NCAC 18A .1952 38.2.2 Pt�mp Dosing Tanlc, i£nec�ssary 38.2.3 �'ump and a�purtenances, zfr r�ecessa�y 38.2.4 Press�re manifold, LPP distribution system, valve{s) or othet�pressure dispersal device if r�ecessary 38.2.5 Supply lz�e a�d appurtenances 3$.2.6 Nitrification fi�ld(s) 3$.3Responsibil��ies and Permit�fng Procedures 38.3.1 A�application for a re�ote systerr� sha1�include ev�rything as required in Ruie ,1937. 38e3.2 �'�or to the iss�az�ce of an Improvem.ent Permi� far a rernote system si1;e the fallowing 'rtems sha11 be completed. 38.3.2.1 Ni�rification field laterals shall be stal�ed ou�by use of an engine�r's 1�v�I or laser�evel to ass�re canformatior�with na�ural Cpl]tqEYT'S. 3$.3,2.2 The proposee� laterals s�all l�e mease�red to verify design reqr.�iremen�s �o�r si�ing, Xacation anci sepaaratians. Allowance shall be made �'o;r additzonal az-ea as z�eedeel to accarr�modate staging of rnata�als az�d nnaneuvering af construction equiprnent. 38.3.2.3 A site drawin� sk�all be pz-epared that inclu�es: line length; flag colors; line e�evations (as applieable); and proposed easeinen� a�dlor praperty lines. 38.3.2.4 All prvposed easeme�f andlor p:rape:�y lznes s�all be stal{ed in the field and Iabeled for LHD review 38.3.2.5 Other site specific data as deemed�ecessary by the LKD such as moundin�anal�sis (�nr level sifies), la�earal ar�d vertical flow analysis (�or s�opzng sites), anei c�eap sozl borzngs {�48"),Permeability and hydra�lic conduc�ivity measurem�nts,r�ater level z-eac�ings, and ather in�'c�rmatian. 38,3.3 All rez�ate wastewater systerns s�all be designed hy a professional engi�z�er, loca� health depa�-tz�n.ent or by individuals with dernonstrated knowledge. The sysiem sha11 be desigr�ed by a professiona� engineer when: �retreatrnent camponents have nc�t receiv�d prio;r s�ate approval,or daily eve�i flow exceeds 3,QQ0 gallor�s per day, aar dup�e�pum�s are r�quir�d - (dt�plex putnps ar�required if linear�'ootage o�r�itrifieafizon trenches excceds 2000 feet), or supply�zne netrn+'a�'I�s wzt�in a�e easeznent are conveying mpre tl�an �500 gpd total flow, oz-whe� dee�ed necessary Uy the loeal health de�ar�ment. 38.3.4 Plans and specifications sk�all be prepared, reviewed and ap�roved in accordance with Rule .1938 (z) 38.3.5 Prior to t�e issuance of an Authoxization to Canstruct, any easements for the rerriote septic system sl�all be executed and recorded with the cot�ty re�ister o�deeds. All easez�zaezat areas and property Iin�s s�all be surveyee� and marked in fik�e field. Any required c�raft tri-�arty agreemen�in accordance wi�h .193'�(h) shall be sub�itted ta the local health depart�aent for appraval Page 3 of 7 12eview I�ue bate: AprU 17,Z009 Reviewed by:E'nvironmentnl f�Iealth Director 38.3.6 An Autha�-ization to Cons�ruet sk�all be zsstzed fhat addresses eaeh campanent of the remote systeixa. Aut�arizations to Constnxct�irnited portions of'the system{i.e. s�ppiy Iines, ni�rification�elds, taz�ks and ap�urtenances}may be issued provided �hat the en�zre systeam is installed, tested, and a�aproved prior to ��e issuar�ce af the Operation Permit. Supp�y Iine network(s) require an Authorization to Co�st�uct�hat acldresses installafion a�'�he entire network at one time. 38.3.7 A11 system campanents shall t�e installe�t by a contractor who is registereci with Oraa�ge Coun�y Health D�partment. Prior to issuance of an operation pern�it for a z-ez�r�ote system aI1 af the fbllawing criteria shall be met, as applicable: • A contract for opearatian artd maintenance shal�be e�cecuted between the system owner and an ORC as zequireci in accardanee with Rule .1961{b) and Section VII of t�is document and sha��remazn i�e�fact as lang as the syste�xa is in t�se � The �inal tri-party agreernent sha11 be executed and recorded at the Regzster of Deeds office • All inspections as required by the LHD shall be coznple�ed • For syste�s or system coampozae�.ts arequired to be design.ed by a prafessional engineer ar an au�horized design indi�idual, the owner shall submzt a�rri�ten certificatian signed by tY�e c�esigner tY�at the sy�tem was installed in aCCOrdance vvith the approved p�ans and specificatinns • All in�.ivzdual easement areas shall b�surv�y�d and marked with permanent amon�amer�ts tha� are cXearly laY�eled as to�he easerne�� a�rea and t�ie lot i� serves. Monuments shall xzaeet z�ni�i�nuna surveyzng standards in accarciance wzt�the appendxx. 38.4 Sys��ar� S�zing a�c� Design Griteria 38.�.1 Septic Tank: The septic ta�ak s�all be designe�. and.constructed in aecordance with Rule .1952 and .1954 and sizecl in accordance with .1952 (b) {1}. 38.4,2 Pump Tank: The pum}� dosing tank volurr�e shall be not be less than the required septic tank volume and shall also provide for: • Minim�ran puxnp s�bme:rgence z�equi;remer�t: E�`fl�e�t valume t�at cavers the pum� and the pump hausi�g, or i� accordance wi�h pump znar�ufactuz-er°s suggestioz�s, but in z�a case shall �ess than J.2 inches of effluent remain in�he tanlc at all times. The pump intake sha11 be at least 5" fram �he interior hotta�n of the tar�k. • Minimum I]ase Volume: T�e�alume needec��a fill�he nitrifzcation lines to &6°/a o�'their capacity at each discharge except as required for low p�ess�t'e pipe distribution, Modified Systems (.1956), and I &E systems. • High-Water Le�el Alanm: Th.e high-water alarzan��at activates within six inches above t�e pump-on level. • Emergency S�orage Capaeity requzare�ent: Effluent val�tme that equals t�e design daily flaw for�he residenee above the high-water ala� activatian level. 38.4.3 Supply line ._._ ______ __.___�_ Page� of� ..__— Review I3ue I7ate: April 17,2009 Reviewed hy:Envir�onrnental Flealth Directnr 38.4.3.1 S►�ppXy lir�es sk�al�be�acated either inc�ivad�ally i� dedicated easemen�s or as st�pply l�ne�e�woarl�s (gaz�gs} zz�corz�nan easements. Easez�ez�ts shall exte�d co�pletely fram tl�e dorz�inant lot to the drain�ielc� az�ea. 38.4.3.1.1 Supply lines s�al�be �c�cated a minaz��anra af 5 feet from the edge o�an easeme�t 38.4.3e1.2 VLmenever"flagpole"�y�e accesses are requir�d for remate drainfields on"flag" lots, The access m�s�be at least 20 feet wide and allow full aecess for vehicles ar�d equipment fpr installatian, re�air, or replacement of the system. "Ganged" foreeannain acc�sses may be reduceci ta 1 S �eet in width as long as there is a mutual eneroachme�t for each of the system ow�ers ta use for acce�s. 38.4.3.1.3 Sup�ly lin�network easements sl�all be�a�dear coinz�no� ownership and provide for accessibility�o all corz�pp�ents �'or o�eratio�i,mainte��ance and repai;r. 38.�.3.1.4 Easements s�all:remaan free of any encum�rances, stn�ctu�res, or other encroacl�nents and shall be��pt maintained and accessible. 38.4,3.�,5 Supply line design specifications sha11 ineet the �ollowing �ninim�,uri criteria: • The discharge �zpz�g a�;d s�pply line shall be at least 2 inches in diarneter, � 'I`he ultirnate pu�np size and s�pp�y line size shall be selected such tha� a velocity af at least two #'eet per s�conr� (nninimurn scour velacity) and �n mare tk�an eight feet per second{to minimize water�a�nxanering) is achieved. . � An aecessible bali valve and unzan and a check valve in�e vertica� po�ition shall be provided on the pump discharge pipi�g. • Ac��quate antz-sxphan cievices {pr�feral�ly a svcring check valve that opens ta atrnosphere upnr�p�unp shutoff} shall be pravided wher�ev�r i;he disck�arge orifice is at a lowe�- elevation t�an f1�e pump shutoff level, • Watertzg�t, flexible �i�e seals (bo�ts} shall be used on pipes exiting the p�mp tar�l�. • Force a�x�ains shail be cans�cted of Schedule 40 PVC pipe labe�ed NSF-PW wit� solve�� welded joints unless othervvzse specifically designed and apprpr�ed. AI1 pi�e, �zttz�gs, joir�ts, installation and testing methac�s shall b� in ca��'oz-�aance with�he appropriate ASTM or ANSI/AW�WA standards as re�ere�ced in the appendix. • AlI �ipes seg�nents shall be ma��ec� at the ends with an identifier (eg. lot number}. Al� supply 1'rnes shall be ei�her provided wi�h a con�inuous tracer-wzre syste�n ar their Page 5 0�7 Review I7ue I7ale: Apri117,Zpp9 Reviswcd i�y:Environmental Fteakh Director �ocation shall be docurn�nted and platted by a registered �and surveyar. s Pipes withi� a su�ply line netwark shall not cross each pther ax�d shall �e located at minimum 6" apazt and propearly bedded ta avo�d contact �etween the pipes and eontact with rock. • An apprpved and accessible aar release valve shall be pro�ided at a11 high points to �revent air lockin� af �he supply line whenever o An intermediate high poin� exis�s in the supply Iine befiwee� the pump and the dischar�e poin� and the d'zstance between the low �aoint ar�d high point in the force rnai�exceeds 10 vertical feet, ar o t�e �eng�h of the forc��nain e�eeeds 1000 feet. n The valve station and distal end o�`eaeh supply line shall be permane�tly ma;rked r�ith the �o� number a�d shall coz�tai� iso�atian(ball)valves. • A minimum burial depth of three feet and a maximum n�' six feet, as m�asur�d fra� the crown o£ the pipe �o the ground sur�'ace, shall be �ravided thra�ag�Zaut the lengt�i of the force rr�ain. • Each end of the supply pipes shall be terminated r�vith a turnup at least 12 inclaes above grade and sha11 �e pez7ma��n�1y �abeled wxth an ide�tzfzear. 38.4.5 Drain fieTd: The nitrifieation field shall be sizec� by the ZTAR as det�rmined in .1955, .1956 and 1957. 38.4.5 Drain fields and other s�pply Iine components sha11 be z'easonably protected fram tzaffic ar a�her uz�autharized access. �8.5 Installa�ian and Tes�ing Proced�res: 38.5.1 A precanstructian ca�ference sha11 be required to be attended by�he systern designer, installer, local health departm�nt, and th� 1"ace�sed soil scientist and registered professio�al �;ngineer, as app�icable, prioz�to begi�aing cozastruction of�he remote systein. 3$.5.2 Tl�e septic tar�k, dosing ta�k, and�ipe penetratioi�s shall be de�Qnstrated to be watertight lay az�acceptable �eak test. 38,5.3 Ni�i�ication fieids s�all be graded to shed surface water and 'zn a matter �hich �acilitates easy mainter�ance with staz�darci znowing equipment. A grass pr a�her suitable vege�ative cover sha11 be established so as to preve�t ez-asap� and�a allow for effective system inspection. 38.5.4 Force maii�a shall he press�re tested anci�eak tested aceording to the �rotacol out�zned in the appendix. Testing results rnust be verified and documentec�by eithez a�'.E. or�he LHD representative. Appropriate iso�atian valves shali be pro�ided if the force�nain is�ested ir�segments. Page 6 of"7 �� Review Due Bate: April 17,2009 Reviewed by: �nvironmentr�l Flealth Director 38.5.5 After backfilling the supply line and prior to system approval, the pump delivery rate shall be measured and verification made of the flow at the distal end of the supply line or distribution device. 38.5.6 Drainfield alternating device(s) and other distribution devices shall be demonstrated to be functional and accessible from the finished ground surface. 38.6 Operation, Maintenance and Monitoring Requirements 38.6.1 System management shall be required in accordance with Rule .1961(b), Table V(b). However the following minimum inspection/maintenance and reporting requirements shall apply unless otherwise specified in the Operation Permit. 38.6.2 The following items shall be monitored: • visual observation of the drainfield, • checking/cleaning filter screen(s), • checking sludge levels of tankage, • measuring delivery rate, • visual observation of the supply line and appurtenant valves for leakage and damage, • alternation of drainfield alternating devices, • measuring of pressure head and flushing of distribution devices as applicable, • assurance that the ground surface and vegetation over the drainfield and supply lines are maintained. 38.6.3 The owner shall be responsible for assurance of all maintenance and repair of the system including the mowing of grass over the drainfield and maintenance of access of the supply line easement areas. The repair and maintenance responsibilities shall be clearly defined and specified in the tri- party agreement and easement as applicable 38.7 Repair of System: The provisions of 15A NCAC 18A .1961 shall govern the use of the remote septic system for repairs to existing malfunctioning wastewater systems. 38.8 Related Policy, Procedure, Guidelines and Forms: 38.8.1 Sample Tri-party Agreement 38.8.2 Sample Easement Documents 38.8.3 Sample Declaration Documents 38.8.4 CA Issuance Procedure 38.8.5 OP Issuance Procedure Page 7 of 7 Review Due Date: April 17,2009 Reviewed by:Environmental Health Director MEMORANDUM TO: �ZICHAEL HARVEY,CURRENT PLANNING SUPVR.,ORANGE COUNTY PLANNING&INSPECTIONS FROM: JEFF SCOUTEN,ORANGE COUNTY SOLID WASTE MANAGEMENT SUBJECT: DUNHILL(D�VID WEEKLEY HOMES)SUBDIVISION CL�SS`�'SUP DATE: JULY 17,2012 I ha�e completed my review of the subject application and offer the following comments that must be addressed prior to approval: • Solid Waste Mana�ement Plan — This document must be completed and returned to me for review and approvaL It can be downloaded from our website. • Solid Waste (Trash) Collection—Trash collection will be by a private collector/hauler.Please add a note to this effect to the plans. In lieu of a private contractor, the residents can elect to carry their trash to one of our Solid Waste Convenience Centers (SWCC). The closest one to this project is located on Eubanks Rd. across from the County landfill. The annual 3R fee which is paid as part of the real estate t�bill covers the cost of operating the 5 SWCC's and must be paid even if a resident elects to contract for private trash collection. • Rec,��clin� Collection — Recycling collection to this project will be by Orange Community Recycling and will be rural curbside (orange bins) with collection every other week. Orange Community Recycling has recently gone to `single stream' (all recyclables in 1 bin) so each prospective homeowner will be issued one (1) orange recycling bin upon their request. A second bin may be purchased for a nominal fee. • Standard OCSW Notes —Add the following notes to the plan cover sheet as well as the site plan sheet in a prominent location: Construction Waste: 1. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste,must be recycled. 2. By Orange County Ordinance, all haulers of construction waste must be properly licensed. 3. Prior to any demolition or construction activity on the site the applicant will hold a pre- demolition/pre-construction conference with the County's Solid Waste staf£ This may be the same meeting held with other development officials. Thank you for the opportunity to review this application and please let me know if you have any questions or wish to discuss this matter further. ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ���� �P� Administration �` �� ��� �� 306F Revere Road (919) 245-2575 �����' �p��� P. O. Box 8181 (919) 644-3002 (FAX) �- �" Hillsborough, NC 27278 www.co.orange.nc.us �,°''J� ����'°�� .,,, I � � , � �� � � � ���n , ... � ,����„'iaj�l��ii�liy1„�„, � r��n�r�;�' ry% , � �.m „ � � � „ _ ,U ����G%0/ 1D�l�ll//�ii��;' � MEMORANDUM TO: Michael D. Harvey, AICP, CFM, CZO Current Planning Supervisor— Orange County Planning FROM: Abigaile Pittman, AICP Transportation & Land Use Planner— Orange County Planning DATE: August 7, 2012 SUBJECT: DEVELOPMENT REVIEW — Submission of a Class A Special Use Permit request for a 26-lot single-family residential subdivision (`Dunhill Subdivision') Weekly Homes proposes to develop Dunhill Subdivision, a 26-lot single-family subdivision with public collector street access off Mt. Sinai Road (SR 1718), and a second interior public local street within the subdivision. The proposed subdivision is located on property currently identified as PIN 9881-15-7138, totals approximately 68 acres, and would have a development density of 2.64 lots per acre. The proposed subdivision is zoned Rural Buffer (RB) and is designated as a Rural Buffer area on the Comprehensive Land Use Plan Map, with a portion of the site in the southwest corner of the site designated as a Resource Protection Area. The proposed development is subject to the development criteria specified in the 2011 UDO, the 2008 Orange County 2030 Comprehensive Plan, and the 1986 Orange County Joint Planning Area (JPA) Land Use Plan with Chapel Hill and Carrboro. Comments regarding the proposed Dunhill Subdivision follow: 1. Per the Orange County UDO, Section 2.5.3(H) a traffic study is not required because the proposed development is less than 40 lots, and the 26 lots proposed will only generate an estimated 249 vehicle trips per day (per the Institute of Transportation Engineers ITE Trip Generation manual, 8th Edition). 2. The proposed public streets comply with the minimum construction standards adopted by the N.C. DOT for acceptance of streets as additions to the State Highway System. 162 - 1. Section 5.15.6(A)(1)(� of the Unified Development Ordinance requires that on off-road, pedestrian plan be submitted. To satisfy this requirements, a 25-foot access easement is noted at the terminus of Moinear Lane to access a rec/open space area.. The applicant is providing a rec area on-site (picnic shelter) and are planning to provide a payment to the County for park development as part of the payment-in-lieu program. The area in the protection area is being left in protected, dedicated, open space. 3. Possible connectivity to the adjacent Freeland Hills residential subdivision to the west was reviewed. The transportation staff concurs with the applicant that the only potential stub out location for connection to a current roadway would be at the western edge of the property where it appears to meet George Circle. However, what appears on the map to be an unimproved extension of George Circle is in fact two very small 30-foot wide residual lots at the terminus of George Circle. Additionally, as noted by the applicant, any potential road connection would involve a jurisdictional stream crossing and disturbance to the required 65-foot riparian buffer than separates these two properties. 4. The southwest corner of the subdivision site is designated as a Resource Protection Area on the Comprehensive Land Use Plan Map, which is also addressed by the Orange County Joint Planning Area (JPA) Land Use Plan with Chapel Hill and Carrboro. Section VI of the JPA states that: "Resource Protection Areas in Transition Areas have been designated on the land Use Plan to include flood plains, and wetlands along drainage tributaries and steep slope areas (15%) or greater). These areas form the basis for a comprehensive parks and open space system which provides the framework within which other land use categories are to function. Parks have been generally located throughout the Joint Planning Area using a neighborhood park one-half mile service radius. The parks are linked together by a system of greenways extending along drainageways, and pedestrians routes (sidewalks) along thoroughfares." This issue will be addressed by the Orange County Department of Environment, Agriculture, Parks & Recreation (DEAPR). ��� � ��Nr ,���.� . 4 � Subject Property � .� , • ' . � +_ L�,. � i ,.�. ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director <��'�� �°�a, Erosion Control Division � � � .:. , �A 131 W. Margaret Lane (919) 245-2588 ,� �„=� '� ,� P O Box 8181 (919) 644-3002 (FAx) F��� Hillsborough, www.co.orange.nc.us �,�Q � �' ,,�a North Carolina, 27278 `�,�� �a,�°� � ai _ , � r � f� � 1 , � ,.� ..'��rr���i )) ���1/%%/ JIJIJJJI%/iii�% �%�r � /i�%,h,,�ii,a��/ii�"fi��ri�»>�, k�� ��i`i'���� �/ MEMORANDUM TO: Michael Harvey, Current Planning Supervisor FROM: Terry Hackett, Stormwater Resource Officer DATE: August 6, 2012 SUBJECT: Dunhill Subdivision - Preliminary Review Comments COPIES: Ren ivins, Erosion Control Supervisor Erosion Control/Stormwater Division staff have completed a review of the proposed Dunhill residential subdivision. Overall the project appears that it will meet the County's erosion control and stormwater requirements. Obviously, the project will require both an approved erosion control plan/land disturbance permit and an approved stormwater management plan. We understand that detailed engineering design is not completed at this time, but we add the following comments for the developer to include during detailed engineering design. Erosion Control 1. Mass grading will not be allowed. Typically we prefer that roads and utilities be completed prior to individual lot construction is started. 2. Skimmer basins with baffles will be required for drainage areas 1 acre or greater 3. Project will require an approved stormwater management plan from Orange County Erosion Control Division Stormwater Manaqement 1. Pursuant to Section 6.13 of the Orange County Unified Development Ordinance the entire project must meet the following nutrient loading requirements for stormwater runoff: Nitrogen 2.2 Ibs./acre/year Phosphorous 0.82 Ibs./acre/year 2. Nutrient calculations shall be completed by drainage area, account for any run-on, and will be based on a full build out scenario. O:AAdminstrativeASW Comments Dunhill Subdivsion 08062012.docx Erosion/Stormwater Comments Proposed Dunhill Subdivision Page 2 3. However, based on preliminary calculations completed by Orange County stormwater staff, it appears that the proposed low density development will be close to these limits. Total nitrogen may be slightly higher than the limit while phosphorous was just below the limit. 4. If the project does exceed the nutrient limits, we prefer that reductions be made on-site utilizing the proposed stormwater treatment area. 5. The proposed the 6,000 square foot potential stormwater treatment area appears to be adequately sized based on preliminary calculations completed by Orange County Stormwater staff. We prefer that this area ultimately is designed as a stormwater wetland or bioretention. 6. As we understand, the roadway stormwater will be conveyed by grassed swales. We prefer that to the extent practicable the swales be designed as flat-bottomed, trapezoidal shaped swales. If possible they should be designed as water quality swales with flat side slopes (5:1), but should be no greater than 3:1. 7. A common septic area is proposed to serve 3 of the lots; stormwater runoff from impervious surfaces should not be directed to this area. In fact, concentrated flow should not be directed across any individual lot's septic field. O:AAdminstrativeASW Comments Dunhill Subdivsion 08062012.docx Michael Harvey From: David Sykes Sent: Tuesday, August 07, 2012 422 PM To: Michael Harvey Subject: new subdivision Michael, I have a couple of questions in regard to the proposed subdivision that will be located on Mt. Sinai Rd.The roads will need to be at least 20 feet wide. I assume that if they are being built to DOT standards that the roads will not be an issue. I would also like to know I there are any plans for any type of water supply on the property that could be used for firefighting operations. A pond somewhere on the property that could be accessed by the fire department year round would be valuable to the entire area. I am sure the fire department would be willing to cover the expense of installing a dry hydrant at the pond if a pond were built. I don't know if there will be any open space where there could possibly be a pond built. I would at least like to have a discussion regarding water for the subdivision. Let me know any comments that you might have regarding this issue.Thanks. David Sykes Assistant Fire Marshal Orange County Emergency Services 510 Meadowlands Drive Hillsborough, NC 2727$ Office: (919)245-6125 Cell: (919)537-214$ Fax: (919)732-$130 Email: dsykesC�co.oran�e.nc.us 1 ATTACHMENT 4 RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD Bureau of Economic& Business Research -University of Florida Modified 4/15/97 -Orange County, NC Planning Department SECTION 1 -PROJECT DATA: ENTER THE FOLLOWING DATA FOR EACH PROJECT: � �% `F���F F F F F F F F F �iFi �i�,✓,%��iFrF��s�F F F F F F F F F F F F F F F F F F F F F F F F F F F F F TOWNSHIP: Chapel Hill CONSTRUCTION PERIOD: 2012 to 2014 , a , , , � ; ; ; l , f � ,� ��ErF�,/✓1F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F ,, F F , Ending Year: 2017 ��, (�a,i;roi� ,?r `�!'/�������������������������������������������/J�i `,�� ) ��� CHARACTERISTICS OF HOUSEHOLDS: �j/ i :s ✓ s ,,, / i�� ;, , i � i� , � F F/i ✓F F/F �F F ,�F�,�F ✓F � F ,�F /i/ %��//✓F F/F ✓F F F/F / F /F lF//✓F/F�F F ,�F F F ,�iF iF F F F F F F F//„�J F /r, Children/Hous ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 0.36 % !''���% ,�;,;'��,//%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%;�,��'`% HOM E SALES DATA: Average Distribution Number of Sales Price of Units Year Homes ($) by Year _ � ; �'i '; � �'; �� F F ,�F F lF� F F F F F F F F F F F F F F ,/��F F F F F F F F �,, F F F F F F F F F F ,��F Fi F 2014 6 , ,';% ;; % 23.08% 2015 6 ;';� "; % 23.08% 2016 6 ;';� "; % 23.08% �/// ��'�'� '% „'%' ' � % ' / ����� ��������������� f f f f f f f ; � � ������������ / , � ////,/,//////////////////////���,�///////////////////////////////////////////////////////////////////////////////////////////////////////�/////////////////////////////////////////////////// / ����///////////////////////////////////////////////////////////////////////////////%�/���, SCHOOL DISTRICT DATA: ENTER "1" IN ( ) BESIDE SCHOOL DISTRICT IN WHICH PROJECT IS TO BE LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE. School District: School Attendance: ,i � � / ,, 1 , ; , � , �, � � � : � //, „ ,/, � ,ir�, , , , , , , , , , , , , / ,i , , , , , , F;� F l� FiF ,�///, �F r, ,i , , , , , , , , , ,�rF /. Middle School 23% /,;-�, ,� �������,,�„ �,,���,�%%%%%%%%%% ",�%.//%%%%// %_`�� �'`��"�"'� � °�� , � ,, , . SECTION 2 -LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA ; i ; �' 'i ; !; ; f i Fi,✓ F F F F F� F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F � F F ,� F rF /, COUNTY POPULATION: (NC Demo) for July 2011 134484 i�iii����������i ,�li�i�oi������/�i ����o%i���%%%%%%%%%%%%%%%%%%%%%%%%%%io�f COUNTY EMPLOYMENT: POSITIONS PER CAPITA _' ' ,, ; � � i „ ' � � � ;, , ii ,,i,✓,, ,,l,✓,✓�,, ,,iiA//, ,, r„ /„ri„ri �/ 7 ,�ii, s ,, ,✓i,, r,i ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, ,, �'„O;, ,, ,, ,,�/,, ,,ii,, , Public Safety 256 0.0019 ///i i//,1/ !///%i%% %i�!�/i%/%j /////i//%O//j//%%%i!%//�' ,!%///////�%///�% �!� %%�,/%�/i/ , ; ��� , � � �' ' !� ' %%%%%%%%%%%%%%%%%%% %%%% � , ��,,�����������%���������������/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////��/////////////////////%����� Human Services 292 0.0022 %'��'��%���� ��,,,,,��i,,,,�i�����,,�!'���,/,%%%%%%%%%%%%%%%%%%%%%%%%%%%/''��/�f f f f'��'�'��'� SCHOOL DISTRICT EMPLOYMENT: POSITIONS PER STUDENT � '; COUNTY PER CAPITA REVENUES ($): REVENUES PER CAPITA ' ' �i , ,,, / j � , � , i . . . . . . . . . . . . . . . . . . . . . . . . . �,J'F ,� /�/,i , � F Fi��, / i , , , , , , , , , , , , , , , , , , , , , , , , �J�/F / FiF , , ,f F /�'✓F , Intergovernmental 13,515,810 100.50 � �r r��;�����ri�� i�,;�"'! 't: „�'` �/ '°%'O'% �, �° , , ������������������������������ � ! ������ �����'/��������//////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///��������;���//////,///////,///////,///////,//%��'��, Other Sources 3,332,872 24.78 � Miscellaneous 798,340 5.94 � COUNTY PER CAPITA EXPENDITURES ($): EXPENDITURE� PER CAPITA � % ; �, ; ; „ ' ,;' � , �. 1 �; ,,; %; y ;, ;�� „i,/'„ .„l,✓,✓.„ „�i}//, .„ r„ /„r�,r� i/„i„ .„i.,"r„ ., ./✓/„/�, .„ .„ .„ .„ .„ .„ .„ .„ .„ .„ .„ .„ .„ .„ .„�.„.„ ./r,i✓„/„ .„ .„ .„ ./„ .„ .r, .„ . Public Safety 20,121,532 149.62 %ii//,% %//,%/%%!�!i/�'%%%/ %%//i/%/%//%//%%�%/i�,!%////%�%/%% �%////;%"'� :/ ��/!� , ; , ��� , � ; �' ' �� ' %%%%%%%%%%%%%%%� � %%%%/ � , ��,�����'����������������������///////G/////G/////G/////G/////G/////G/////G/////G/////G/////G/////G/////G/////G/////G%�����,��,,��/////G/////G/////G/////,G� Human Services 30,711,556 228.37 ;i i,ji9�ii�r�i���/� i� �� ���r�r/� ���i/r�i �� ;/ �' �%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% � � ,,1//////�� � ��'�������/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////�����1���1//////////////////���. Non-Departmental (Transfers to Other Funds) 5,435,131 40.41 COUNTY PER EMPLOYEE EXPENDITURE ($): EXPENDITURE�'ER EMPLOYEE � , � ';; , ', �. �; ,,; %; �' i, „�,, � �� ` 1 , /� , , �� F�,✓'F F i,✓ ,✓ F FiM F ,F ✓F��Fr, Pi F�F F� F rF , i�iFii F F F F F F F F F F F F F F F�/ F F /��ziF F F F ✓,,o��,,,�i,,�,, F Public Safety 20,121,532 120705.05 �!///,% %/,%%//////,//i o%'i%%%/ �%/%/,//%%/�%/%%O%//! %/�%%l%/% ;i%///'/;%///':/ /,/iii'°/!�! � , ; ,! ,�!� �i �, � �� /%%%%%%%%%%%%%% � � %//// ,, ��,�����'����'���!���������������///////G//G//G//G//G//G//G//G//G//G//G//G//G/%%���������//////////�',��'�� Human Services 30,711,556 184232.49 ��'������//////////////////////////////////////////////////////////////////////////,//%//////////%%%%%%%%%%%%%%%%%%%���� ������//���, ,,,,��� Non-Departmental (Transfers to Other Funds) 5,435,131 32604.27 SCHOOL DISTRICT PER STUDENT EXPENDITURES ($): EXPENDITURE�PER STUDENT ; '� � ", ; % ;' � , 1 f ' ;, / ,,, / � //, � , � � ,, ,,,,, ,, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,fi,, , �,�, � , , ,// , 1,�,� , School District 0.00 /�„���;��„��,,,,,,,,�,,�%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%,�;,,,,�;,���%%% ,,, 'e�� SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES ($): EXPENDITURE�'ER EMPLOYEE ;, ' i ; , �, , , � , 1 J � ;� / , �, � F '�i � ,F F�F,F ,F F F F F F F F F F F F F F F F F F F F F F F F F F F F F Ffi,� , �,�F � F F ,/�F�/�,,�F ������ie��;��°!'!�%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%��������������%%%'�����1�r TAX DATA: ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION: � // !� / ; ,.;� i >�� ; ; ,, , r, , ; .' /;- , � , " ,:i � � > /,, / , ,; , � ;, , ; ; � / � n � �, / r il„ � „ „ �ii „ „ „ „ „ i/�G' '„ „�%„ „ f �„ L „i„ „ „ „ „ „ „/C� � „ „ „��„ �, „J„� „ „ „ „ ,//i„ i„ „ � School District Tax Rate ($) 0.0000 Per$100 Assessed Valuation / :,/iii�ii�oi iii i,i/.�ji% %!'�'%'�'%/ %, ; i %%%%%%%%%%%%%%%%%%%%%%%%/� % %%%%%%%%%%%%%%% %����������,,����////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///%I����/////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,///////,//// Elderly Exemption 0 $11,000 Where Applicable SECTION 3 -DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA YEAR ` % 2014; ` 2,016: %� j � HOUSING UNITS f 6 f 6; POPULATION � � 15 ��/����������� / SCHOOL CHILDREN � � � Elementary � 0.99; �� � � � ? Middle % � 0.50 %, � 'i ; �� / TOTAL chool � � 0.� � ,� /% ' j � , , ���,. ADDIT O AOL EMPLOYEES � � / � � � �'// �', � ,;;, General Government 0.02, i/ � i/,, /,,, 1 � Public Safety ����� OA3 �� � �� �� � Hum��a Se�rv�ces %��� OA3 ; ;��, � , 1 i�; i�� 0.09; %� �; �%� �; ���� TOTAL �� SCHOOL DISTRICT ���� 0.21 �" ;; ���"�; �� ADDITIONAL EMPLOYEES // ; // � � SECTION 4-PROJECTED FISCAL IMPACT OF PROJECT ON COUNTY GOVERNMENT YEAR % 2014 � 2016 � TAX BASE ($1000) 1 7745 ; �� �� `� � REVENUES ($) � �/ � � ,,;� , % � , , � Property Tax r 1� 66455 ���„ � � � lOnteerovernmental ' �� 15 0 . %, �;,' � � Servg e Charges � 1079 , % / / j Miscellaneous �� 93 // �j� TOTAL ($) 71061 ; EXPENDITURES ($) /� / /� Publec S ety rnment � � 2337 ��/ ��/%;' %i % Humlla SerrvSCes / j 3567 "% � � i �/� Education � � 8056 �j! � ; ! � � Non Departmental � 631 � TOTAL ($) /� " � 18220 „'`//', '° ', %j NET FISCAL IMPACT($) % 52841 ; �%� � ' ' � �� SECTION 5-PROJECTED FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT YEAR `% 2014; % 2,016; i REVENUES ($) � � , � County - - ' j 37384 ` ° �� „°�'% , ,� School District �/ 0 , � � ,� ; �j� State ,� 7092 ; , , , , � �� �� �, , , i, , ! //� TOTAL ($) _; l 44476 ; � � EXPENDITURES ($) � � , � � , i i , / � County - - ! j 37384 , � ' � �; � School District /� 0 � � � �/� State 7092 �� � ; � , , � , ; , , , ; /� TOTAL ($) ;, % 44476 �;f NET FISCAL IMPACT($) / % 0 ; / � ' � ' f� SECTION 6-SUMMARY OF PROJECTED DEMOGRAPHIC/FISCAL IMPACTS ,�/ ,,;� YEAR � 2014 j 2,016; � ,,, HOUSING UNITS � 6 ; �� �� POPULATION ! 15 ; � SCE 00 n aHILDREN � 1 ; � Y 1 p , � % High�School � 1 ' � TOTAL � / 2 ; / / ,/ COUNTY EMPLOYEES %� 0.09: � ; � ; /� � , �� SCHOOL EMPLOYEES � � 0.21 '" � TAX BASE ($1000) 7745 � � � � / � COUNTY BUDGET($) � � /�� Revenues � 1�� 71061 �,' �/% � � � Expenditures � � 18220 �/ j � /� BALANCE % 52841 ; , �` � % �� ;,% SCHOOL DISTRICT BUDGE�% ; /� / , /� � �� ��� r ��� ;,/ Revenues � / � 44476 , �//j, f j , //// Expenditures � 44476 � BALANCE � 0 ; ' ' � COMBINED BUDGETS ($) � � � �� � � i,/ ,, !° , � � Expend tures � '� 162696 I �%� ; /�, �; � BALANCE ' � � 52841 ; ; ;' ��/'�'% i "/% SECTION 7 -SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS SCHOOL DISTRICT DATA: School District: School Attendance: � ; � '; , ; / " 1 , �i/ � , � � � � ��F F � FiF,F,, F F F F F F F F ,/ F F F F „�� � F F F F „/;� Fi,� F�F ,�/IF ,F ,, F F F F F F F F F ,✓�F /. Middle School 23% /,;-�, ,� �������,,�„ �,,���,�%%%%%% ` %'%%i%.//%%%%// %,'�� �,�,,,����%%%%%%%%%%%%%%,, °„ YEAR 2013 2014 2015 2,016 2017 SCHOOL CHILDREN � Elementary % 1 ; � `�f `� Middle ,/ 0 ,� � `� TOTALSchool /'� 2 ; ; /'; � � SCHOOL CAPACITIES -ALL SCHOOLS CURRENT ENROLLMENT -ALL SCHOOLS / / ;; , � / /; ,� ,, F ,,�F�� F;�'�r F F F F F F F F F F F F F F F F F F FiF � ,F ,, ,, F ,,�F�� F;�'�� F F F F F F F F F F F// ;i F� Middle 2166 Middle 1704 ����;�o�� ���r��,i;'����������������������; o����;�o�� ���r���i;��������������%�, '% TOTAL 8418 TOTAL 7335 YEAR 2013 2014 2015 2,016 2017 PROJECTED ENROLLMEN ; � � � � „�j � Elementary �, 3458 : j 3,573; Middle j/�j 1787 � �� 1,847; �� �, High School � �"�j 2339 � � � 17, ��� TOTAL � � Neighborhood Information Meeting Weekly Homes LLC — Dunhill Subdivision Mt. Sinai Road Property (PIN 9881-15-7138) West Campus Office Building - 131 West Margaret Lane August 6, 2012 — 11:30 a.m. to 12:30 p.m. There were approximately 33 people in attendance. Staff reviewed the Class A Special Use Permit process and informed those in attendance of the public hearing scheduled for August 27, 2012 to begin the review of the proposed subdivision. The BOCC will adjourn the hearing and refer the application to the Planning Board for review. Staff indicated the BOCC was expected to reconvene the public hearing at their November 20, 2012 regular meeting to receive the Planning Board's recommendation and make a formal decision on the application. Staff indicated the review and approval of a Special Use Permit application was conducted in a quasi judicial setting meaning all parties wishing to speak for and against the project would be sworn. Staff said that the County will base a decision to approve or deny a project on the sworn testimony, competent material, and evidence entered into the record demonstrating the project's compliance or non-compliance with County regulations. Staff reminded those in attendance that the approval or denial of the project can only be based on the testimony and evidence offered into the record and while the applicant bears the burden of providing sufficient evidence the project complies with applicable standards, those in opposition also bear a burden of submitting evidence demonstrating that the project is inconsistent with County regulations or demonstrating that the applicant had not met their burden. The applicant's engineer, Ms. Michelle Kempinski of Summit Engineering, summarized the proposed development as follows: • Development of a 26 lot single-family residential subdivision, each 2 acres in area, on a 68 acre parcel of property located at 2301 Mt. Sinai Road , • The lots are intended to be served by a proposed community well and individual septic systems, • Access will be from Mt. Sinai Road. Internal roadways serving the project are proposed to be constructed to applicable public road standards, with the eventual goal that they will be turned over to the North Carolina Department of Transportation for perpetual maintenance upon completion. • The overall density of the proposed subdivision is 1 dwelling unit for every 2.6 acres of property. Question: Will there be external access to proposed open space areas to allow adjoining property owner to walk within the open space/buffer area of the property? Answer. No Question: The site plan denotes the location of a stream on the southwestern portion of the property. Is the stream really there? Answer. Yes. Orange County Erosion Control completed a Surface Water ldentification Determination (SWID) and verified the location of the stream on the property. The stream is buffered in accordance with the provisions of the Orange County Unified Development Ordinance. The area around the stream shall be kept in a natural , vegetated, space. Question: A concern was expressed that the project would lead to further pollution of local waterways with the development of 26 new septic systems. Answer. Planning staff responded that a preliminary assessment of the property had been completed by the Orange County Health Department denoting that there were sufficient soils to support the project as proposed. Staff indicated that individual septic permits would have to be secured to authorize the development of the proposed individual lots. Question: Why are the lots 2 acres in area? Answer. County development regulations require lots located within the Rural Buffer general use zoning district to be 2 acres in area. Question: Had the applicant already purchased the farm? Answer.� No they had an option to purchase based on the issuance of the permit. Question: What was the anticipated water usage of the community well? Answer. There was no data available as no test wells had been completed yet. The applicant indicated they may have no choice to abandon the community well concept and utilize individual wells for each lot if there is insufficient flow and re-charge rates but that their proposal, as submitted, envisions the development of the community well as the main water source for the neighborhood. There were numerous comments made about the failure of well systems in the area. Question: Will public water be extended to the area? Answer. No. Development within the Rural Buffer zoning district is intended to be supported by well and septic systems. There are numerous policies articulated within the County's Comprehensive Plan and various agreements with surrounding municipalities indicating utility services could not be used in the area. Question: How will adjacent property owners be compensated or assisted by the developer or the County if their existing wells run dry? Answer. There was no requirement for the applicant to assume liability for well issues experienced by adjoining property owners. Many different factors impact well viability. It would be difficult to definitively prove this project would create problems for adjoining property owners. There were numerous comments made about this issue. A local resident indicated she was very concerned over the possible installation of geo-thermal wells on the these proposed single-family lots, and on properties throughout the county, and that such wells were responsible for removing water from the area and destroying existing well systems. This individual indicated the County should ban the development of such wells for this project and county wide due to the hazard they create for local residents and the unnecessary waste of water resources. There were numerous comments made indicating the community well was a concern for adjoining property owners and that individual wells should be used on each lot. Question: Will this development raise property taxes? Answer. Staff indicated they were not experts on the subject and could not answer either way but did indicate that there was a report from an appraiser submitted with the application package indicating the project would not negatively impact property values. Question: The site plan appears to indicate the existing driveway for the property is being re-located to accommodate the proposed road. Why? Answer. To comply with NC DOT road standards. There is insufficient site distance to allow for the development of a public road at the point where the existing driveway is. As a result the existing driveway will be abandoned and the road moved to comply with DOT requirements. Question. Are there restrictions limiting the size of the house? Answer. Staff indicated there are regulations requiring a specific amount of open, recreational, space on Rural Buffer zoned lots but there are no limits on the size of the house that could be constructed contained within County development regulations. The applicant showed the various home renderings denoting the architectural style of the residences that would be built if the project was approved. There were general comments that the applicant should abandon their plan and develop a maximum of 10 homes on 5 to 6 acre lots. Question: How will trees be preserved on the property? Answer.� The applicant reviewed the land use buffer and landscaping plan denoting the street tree requirements, the proposed land use buffer around the perimeter of the project, and the stream buffer area where existing vegetation had to be preserved in accordance with County development standards. Question: What will the price range be for the property and proposed homes? Answer. A land and development package would run approximately $500,000 to $700,000 dollars per lot. There was a general comment made that this project will increase the taxes on adjoining property. Question: Why should my taxes be used to maintain your roads? Answer. The applicant indicated property owners within the development would be paying the same taxes as adjacent property owners to maintain all public, NC DOT, maintained roadways. Local residents would not be directly responsible for paying for the roadways developed as part of this project. Question: Will you encourage the protection of existing vegetation and will you encourage green development within the project? Answer The applicant indicated they are a green certified builder who is very interested in preserving and protecting existing foliage. The applicant and the engineer reviewed the land use buffer and landscape plan denoted on the site plan again. The applicant further indicated he likes to encourage rain gardens, the use of water barrels, and innovative stormwater management systems within his developments and reiterated his company's commitment on incorporating environmentally friendly and sustainable development practices into his projects. Question: What will the setbacks be? Answer.� County development standards require a front yard setback of 40 feet, a side yard setback of 20 feet, and a rear yard setback of 20 feet. Question: Will there be street lighting installed? Answer.� Yes in accordance with County standards. The applicant indicated he would work with the residents to address their concern over street light placement. Question: What are the anticipated impacts on Alexander Drive? Answer.� There should be none as the project will access Mt. Sinai Road. According to our figures, and based on NC DOT standards, the project can be handled by the existing roadway without any off-site improvements required. Question: Will the road be paved first? Answer.� Yes. Attachment 6 I i ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT ' Craig N. Benedict, AICP, Director �, �ountP of� II Current Planning a� 4� ��'s 131 West Margaret Lane I (919) 245-2575 �7� ° _> P O Box 8181 ' (919) 644-3002 (FAx) �� Hillsborough, 1 www.orangecountync.gov �°r�� �&����°" North Carolina, 27278 , � I � � n � i � �is , ,� .. �,,: � � i , �- '�i . I FINDING OF NO SIGNIFICANT IMPACT 1 David Weekley Homes LLC —Dunhill Subdivision CLASS A SPECIAL USE PERMIT —MAJOR S�JBDIVISION APPLICATION: On July 3, 2012 planning staff forwarded a copy of the Weekly Homes LLC major subdivision proposals Application for Environnzental Assessment und Site Plan to the State Clearinghouse for review(Scoping Document) by the various State Clearinghouse agencies. The State 30-day review period began on July 13, 2012 and ends on August 13, 2012. �i i No negative impacts from the proposal were noted by any agency. Additionally, there were no changes recommended to the project. Additionally, staff has forwarded the application internally and externally through the normal agency review process. , Based on the applicant's adherence to a minimal disturbance on the site, protection of streams and natural areas, analysis completed by Planning and DEAPR staff finding no protected species � or flora will be impacted, staff makes a Finding of No Signi�cant Impact with respect to the proposed project. �...� By: � Date: e� �t �`��`` �- ; I �! �t������� � ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ��v��0e' �oy`'A Administration 131 W. Margaret Lane (919) 245-2575 �7 az Suite 201 (919) 644-3002 (FAx) P O Box 8181 www.co.orange.nc.us ='`��� �ac°"'`e Hillsborough, NC 27278 ��., � , � � � �=--= - „, - � , -a CERTIFICATION OF MAILING CLASS A SPECIAL USE PERMIT— DAVID WEEKLY HOMES LCC ORANGE COUNTY, NORTH CAROLINA I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.7.5 of the Orange County Unified Development Ordinance I have mailed, or have caused to be mailed, a Notice of Public Hearing to be held regarding the processing of a Class A Special Use Permit application submitted by David Weekly Homes LCC proposing a 26 lot single-family residential subdivision on a 68.5 acre parcel of property off of Mt. Sinai Road (PIN 9881-15- 7138) Notices were sent via certified mail to all property owners within 500 feet of the subject property. The owners were identified according to the Tax Records and as required by Section 2.7.5 of the Orange County Unified Development Ordinance. The mailed notice specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 10t" day of August 2012. �- c Mich e . Harvey ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director �tA"�e ` �������a Current Planning � :�, 131 West Margaret Lane (919) 245-2575 ,7 � -° � 5z P O Box 8181 (919) 644-3002 (FAx) �� Hillsborough, www.co.orange.nc.us ��o � �,rQ North Carolina, 27278 tt/ �ara —� � — ��" � �� � »_u� '� n== ` � �, 6➢ 1� July 26, 2012 RE: NOTIFICATION of a NEIGHBORHOOD INFORMATION MEETING (NIM) to review a MAJOR SUBDIVISION CLASS A SPECIAL USE PERMIT application concerning the development of a 68 acre parcel (PIN 9881-15-7138) of property off of Mt. Sinai (1718) road as a 26 lot single- family residential subdivision . TO WHOM IT MAY CONCERN: This letter is being sent to inform you that the Orange County Planning Department, in accordance with the provisions of Section 2.15.2 (D) of the Orange County Unified Development Ordinance (hereafter `UDO') is scheduling a Neighborhood Information Meeting (NIM)to allow for review of a proposed major residential subdivision. David Weekly Homes LLC, the applicant, has submitted a Class A Special Use Permit application proposing the development of a 26 lot single-family residential subdivision on a 68 acre parcel of property located at 2301 Mt. Sinai Road (PIN 9881-15-7138). The property in question is approximately 2,800 feet east of the intersection of Mt. Sinai Road and NC Highway 86 across from Running Green Road. Please refer to the attached vicinity map for additional detail. According to the request the applicant is proposing the development of 26 lots, each approximately 2 acres in area. The project is intended to be served by a proposed community well and individual septic systems for each lot will provide wastewater disposaL Access to the project will be fiom Mt. Sinai Road. Internal roadways serving the project are proposed to be constructed to applicable public road standards,with the eventual goal that they will be '� turned over to the North Carolina Department of Transportation for perpetual maintenance upon completion. I� '� The overall density of the proposed subdivision is 1 dwelling unit for every 2.6 acres of '', property. I� , The property subject to this petition is located within the Rural Buffer land use category as denoted on the Future Land Use Element Map of the Comprehensive Plan and the Rural Designated Area as denoted on the Growth Management System Map. The purpose of the NIM is to allow interested property owners to view and discuss the proposal with the applicant. Planning staff will be present at the meeting to provide an overview of the Special Use Permit review process as well as dates of future meetings where the County Board of Commissioners and Planning Board will review the project. Comments made during the meeting will be presented to the Board of County Commissioners, who are salted to review this proposal at the August 27, 2012 Quarterly Public Hearing. Additional correspondence shall be sent to you providing additional detail on this meeting. As an adjacent property owner within 500 feet of the subject property, staff is sending you this invitation to attend the NIM and learn more about the project. The meeting to review this case is scheduled for Monday, August 6, 2012 at 11:30 a.m. at the West Campus Office Building located at 131 West Margaret Lane in Hillsborough North Carolina in the lower level main conference room. Parking is available within the adjacent parking deck. If you have any questions concerning this request,please contact staff at(919) 245-2575. ' � 'i Sincerely, �L 1r-. Michael D.�Ha � AICP, CFO, CZO Current Planning Supervisor Orange County ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director a�e ' �o Current Planning ��� - 4�f`� 131 West Margaret Lane (919) 245-2575 „ � ` ° Sz P O Box 8181 (919) 644-3002 (FAx) ���' Hillsborough, www.co.orange.nc.us ��o ��r� North Carolina, 27278 �'t/ �LQCO �. - �➢ � ..a��ri : � ��� � August 10, 2012 RE: NOTIFICATION of a PUBLIC HEARING to review a MAJOR SUBDNISION CLASS A SPECIAL USE PERMIT application concei�ning the development of a 68 acre parcel (PIN 9881-15-7138) of property off of Mt. Sinai (1718)road as a 261ot single-family residential subdivision . TO WHOM IT MAY CONCERN: This letter is being sent to inform you, in accordance with the provisions of Section 2.7.5 of the Orange County Unified Development Ordinance (hereafter `UDO') the Orange County Board of Commissioners and the Planning Board have scheduled a joint public hearing to review a proposed major residential subdivision off of Mt. Sinai Road. David Weekly Homes LLC, the applicant, has submitted a Class A Special Use Permit application proposing the development of a 26 lot single-family residential subdivision on a 68 acre parcel of property located at 2301 Mt. Sinai Road (PIN 9881-15-7138). The property in question is approximately 2,800 feet east of the intersection of Mt. Sinai Road and NC Highway 86 across from Running Green Road. Please refer to the attached vicinity map for additional detail. According to the request the applicant is proposing the development of 26 lots, each approximately 2 acres in area. The project is intended to be served by a proposed community well and individual septic systems for each lot will provide wastewater disposal. Access to the project will be from Mt. Sinai Road. Internal roadways serving the project are proposed to be constructed to applicable public road standards,with the eventual goal that they will be turned over to the North Carolina Department of Transportation for peipetual maintenance upon completion. I I The overall density of the proposed subdivision is 1 dwelling unit for every 2.6 acres of �' property. The property subject to this petition is located within the Rural Buffer land use category as denoted on the Future Land Use Element Map of the Comprehensive Plan and the Rural Designated Area as denoted on the Growth Management System Map. As an adjacent property owner within 500 feet of the subject property, staff is required to send you this certified notice informing you of the public hearing to review this item. The public hearing is scheduled for Monday August 27, 2012 at 7:00 p.m. at the Central Orange Senior Center located at 103 Meadowlands Drive, Hillsborough,North Carolina. It should be remembered that the review of all special use permit applications are carried out in a quasz judicial format meaning that decisions relating to the approval or denial of a application are based solely on the sworn testimony of all parties involved with the case, both those for and against an application, as well as the review of competent material and substantial ', evidence submitted during the public hearing. ' While County regulations and State law do not require that parties be represented by an attorney, it may be in your best interests to secure legal council to represent your interests at the hearing. Further the applicant has the burden of establishing, by the submission of competent material and substantial evidence, the existence of facts and conditions that demonstrate the projects compliance with the various requirements and standards detailed within the Unified Development Ordinance. Those opposing approval of the application shall have the burden of establishing, also through the submission of competent material and substantial evidence, the specific manner in which the proposal does not satisfy the requirements for approval of the application. As previously indicated, the Board shall render a decision only on the sworn testimony of all parties and on the competent material and substantial evidence submitted during the hearing. If you have any questions concerning this request,please contact staff at (919) 245-2575. Sincerely, M chae rvey, AICP, CFM, CZO Current Planning Supervisor Planner III � Orange County �•[ ,%i'^,3,.�:�. �,wu � ,.ry.�� z�F��a���a'.'� '°.';,r :' v o -�' L e ��''✓ ,„ _ �q"�,r'r`s"'s,�-ri✓.� �';� �`� . ;�.. .. � � � �� � �� �, � �� �'���� I�-����p���i" � � ��4 �°,� � �-����, ,������ � ,:.. � � � �; , c�� r � ��?� �3�`''y��aj� �,��1� i: ¢+. -�i,F� M'��' ,,.�. � ��'�'�"�f���'�s� � ���.��� .,»_� ������+-� ,� �#rn I r � fi f � � P;' r � � � ' d n , ► �` � ��� �. � -}� � �� � ...{ 3?.k..Y ,5 "4:. � D a, �� e e �_ i ♦•o �" �..�6� �.' ��1 p".�,��„�� ,�-����^.� �_ � ..:� •� , .. .;f -..- . . .. „... a - : _ C�- � '�, �� �, �a � x• �, ,, -� �,�"��. ' � '�° °�� �' '���' ��i�����. ! ���•��< ,�. , , , � � ; m ;�z � ,� , ��. rr' ,�. ��,� � ,�� - � �i���'�' r� �fi�, �� �� d �=� �- (�� � r �� rb ' I, i a� 1; f, ,� � ��r �; �-'' �. ti ,. u _i �,o- �. � � 7 L ;i ��, � U i M,v� . . . . . . �.. 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Durhan�, iVC 27705 � ..e_ .. -.. -. . �- o. .. ,_ ..^9 �. �[iril`9��3Ji,�i�'i,x; �. ���'�� (e�ltn:i�jiiv�i � �` ���°,��JIYC�'.u+".��@��` '"�+, � 1��YP1�� �1I(1'; ,' �x%�;,, � c ,f�l3�n'�7, 1f'1�,�,�J����g4�9!'��I/ip,���Ifl��" �. ��jti.�� �� i,t(� eR�z,,� ( e} r t.r a ��1 ���Y � � : .'� (r'�C���I71�1��1-����3 ���;�t,N�� ��d�M�P;���'-��'1 ��f���� `„!l ,��f1�1���11L`��/�����n���llill�['i������t ��_;�,� , . � . �:�f ,�.v�"'� ; _ �� co .-{ n_iiil�;L�F71��1��z�I�'l��:tila"to 11r��1}/r�lq��f-s�c�el'/_��S�KaI,lfi:a'�l+f-{�f�`: :-° � �T��°�)�rl;t��fi�lilf I�1,�-a)�('1,�a'r?���f�.��1<7��t�t a�l.��C��J�_°;a'a1���)"/.,' r� [, � , '� � ;� � (j_j "-;'3'�)�t l-lIF(�r'jtl�VLl�l�irf�lE.lirv�a�r17��k-I1t"�'�!S'lA_a�/i��-j bvi'3lUV.�"� � fl! f�i��+lrt la}!.'�-3�i�lo�t_17liFiYrliix�i-�i a l�l��'f��`l-��� if1'��,�`H�k��i�t��1�_,.: . — � � ��.'z r. � i --- .:�� ��. 1 f ��; i 'CP' . "'� !. �- � ( �i C`- � I � F� , �� � _ J, ` i ,t E. � i � Po�fa e $ g*� � ��-. , Postage � , ,��! CY' . 9 , . � `,C�itlfled Fee "" o Ce�tified Fee �rd� �' . ' ,�.��" � `. �� Postmark p .,;t{> • Posimarl< � Return Recelp�Fee je 0 Return Racelpt Fee - Here (En,dorsement Required)'.,, Here � tEndorsement Requ�red) 0 ' �,;°' Q Restricted Delivery Fee � � (Endorse eot Req i ed) � (E�dorsement Req�nred) 0 � 7,,�D���,��o�_ �. �� � $ 3��{� � Total PostaAe&Fees � ROBERT L�W1 SHARPE �-, TyGfvi�S W ALLEN JONNIE SNARPE ' "� ,� 6407 ALEXANDER DR a 6402 ALEXANDER DR ••--- � CHAPEL NILL, NC 27514 '°��"""��'��'' rr� CHAPEL HILL, NC 27514 .---e---;-•-e----- r�. •,==--.-�.---,--- / -- ,z, -- -�ICI�Irl-9tdi�i(ti+i=� L�-�_�_.-- --�-� , ------°--�7z�.*i r.ncf�C:,``i{ai�faF�la�l�l§I1�� _ . ��c1�j�� �,���o� �4n�" ���t��ir� �,�,� �,� ;"�� � �� � `��`� �� � � �� �i ' , _ �� �F :� t �� s �,������ �r.��,��a�M�a �n�, ���.� �� �,����[Ili lli � . �i���°,�ll�,�,,,s�������_�� � �.. ����� i„�r�ll�����1��a�ls�il�n„ ��'�����`1�� °���F� ff` � (��I°1u4-��17�/���F(�«�1���'/,1���,.!�-��f�J�Cd te��'t-��'C( !�f>i'lr� �.-; t.r� �bt 7r'r(�f�������-f'UL�')al(/,,�4�C�i�(P��ol �1ij�� f�T a'�a91� �IE�d,e�'�f`f-�� .� - -�--- �Q f _ _ �+-.. � � d,! :� fl! 3��lia�f�lAd-1!�i1�1(jdu}lil ll�j�J�-�I�l�Ii�bS����i{�t ��'� A �`Ft!�����t i�S��j�,_ ,_ � P;�t)�!t-JI�'!aA'��liit7nuf Sfl li�i��!-�S4�c�t iaikY�( �-S i5'a.'�A�tt��y]-�t`i lul i � ,'`_� �i" ... ,a , 1' � ;� € — - — - i- I �=` �!' 1 �i� �. ._ .�" _ � , - �; ,� . �� .t i �1 ' ��'� � . i _ �r. � .� '�. 9 `�� � � ��� l� i �, ): ' ' ��-, ! Posta e $ � 1 � - � - � Q r - - , �. Postage � ,�j t i 1 Certiffed Fee �}�� � Postmad< � Certified Fee (� s � � , �C -1�' ; � l� p Retum Reeeipt�'�ee ��3�`'-' i Here � - , Posfmark Endorsement'Re u(re b'` �< Retum Peceipt Fee `�_.' ` e ( t.q �> ' C1 (Restricted Dt Raqwred) � ��%.- Here !,� p �ndorsamen � Reshicted Deli''very;Fee''.,_ � �r - - eliva Fee (Fndorsement Requir�d) �-,„.,,__,,,� (Endorsement Requlred) ' i� ,,� :;' �_ �'�t, m Total Postaae R�Fee� ���-'�������= 'v � r7� y'I/� � � m TMaI Pnefana R Foae � -! � !.`� m LARRY WAYNE FRf=E�A'NCS � OLD FIELD CREEK LLC . m � VICTORIA L FREELAND --° � �. ..._„-.---_,_.,;.; ,� 221 Ci-IESLEY LfV 0 6614 ALEXAND�R aR � CHAPEL HILL, �!C 27514 -`""'°.�'_�°.'° �'' CHAPEL HILL, NC 275149603 �--------=-------= t� � � . .. , .. . ,------ -.�,j n�aip���a�ttat�h��� - > - �'y - - -_u -- ,_,� _�_ _ - -- ���:1i,.�,-.�— —_-_-^ _�-=_- -�`�il��)�tti�ila171L�a�� ' illl�� ���tl� �v �i�,c� �if�(�X4� �tl z� ' ���� „� ; ��1�A;'� I��J� ��L.���. � �(���3r,�. d�5' �Y57PU'�g` ����, � , , � V° � ��t�y�� ""� q J b ol� ' I,a I�d� � r�i7�ol���r o1 ;��3�lfai�������l�c��)����r���-z���at f af����1.,� ���1 ��� ��{4��.i�,,,�l�llra�l���� �A���,.��L ���,� � r �f '„ � �� �� � il �_jQn1'11il=x�llF�i�i��1��o�')e��j�����oi��t.��C�'��[t`_•;�ir1+A-In Ll ���°,I��'�-1��,,,'s,,,, � �'���"�0bli>t;�1�[��lJf�l(ol¢l� 11�Yf?��tf�7�1G`Id��f�(�]o�'d=J4 C�f����'r!�-�.°{�- � � ` �7 ��I C 1�,C��S'1-Inrllij�Jdj�}���"7�1 7�{i I�Ir1 l=1 MTt �itip�'A�ll�('j`1:7td��: " "s,� _I7 �� ��lr f-lf��ai�1�i(14uFi�Clil,Ib7)1�lll �r�l��TfY`N'���`".t`'�,��ti�b�k���1ri1 � - - - ,_ - - — _ �� ll _ w �� � ,: ' '�' , � `e , rt: , { � : , ,,E � ,.;� � ��_ �` _ - f'- — '' ��' - I -� i; :, , � � Po5(�age � ��� � Posfag6 $ �� � t� ' ' � Certi4led Fee i CertifiediFee G���-, � i ,�'�� ' ° �—�-= Postmaric � -:�E Postmark � fteturn Receipt{Fe \ � Here . C7 Reiurn Recelpt .ee ;Here � (Endorsement Require\d� r �<.� M �f � (�ndorsement Reqw�ed) r � RestrictedDelivery,�es' �� � Restdcted Dellvery.Fee,"��`?, . - (Fndorsemenf Reqwred) t' (Endorsement Reqwred) , � � =. �4� p �-��� :�_,.°���+�,°'' � � -� .,__.,� frl _ - � ?` �V_-'�- - � r+���ostaae a Fees � : �` �, ,. � JAME� RAE FREELAN� rri JULIA PHYLLIS N�B��,°��;�?�!�'.:-.�`'/' '� " 4208 SUGAR PW� LANE~ f � BETTY FREELAND � I o PO BX 896 -----•�°"'-`---'- o �urham, NC 27705 ._e_.:e;e.__.,__. �,.°. NILLSE?O�OUGN, NC 2727� -----,-,•--------- r�- ._..,,;_--,r-.,--, c � — � 1_ :i��. �'_'� _—:�'�"F{adr�til7��^ t�= . F.� �w �*,,� F�n Ilskia,s��lr��cF =t . - .. „ � � ��I�� �°��t 1���' � 1,1��kct�u ����,' � ���)� � l��e� ��VI' z� r�v � � z ni. �� �"� ��" ll � �� , a � � �F� ,4,� y �c� 1�,��,��1�� ��)la��l�a\lli� ��, �,�� � � �� �: � ,.., �������� o,e'�5 p f c 1- ) y l F� ` ) yT i , ;�C�F7��1,���1 ��L��/ � � „ ����I�f9�C.. 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CertifiecJ,`Fee '�C- ,. � CI i. s ' ,.• Postage � «�'� RetumRecelpt1F� J �� Y � Posfmark � ' , ' idorsement Required) � �,�F �� Here Certified Fee � �'[j �c:-�y'`� � �j �' Posimark ' >stricted Delivery Fee "-- m Q Return Recelpt Fee Here . �� dorsement Required) � (Endorsement Required) �. \ j �e,�,_-'---„_ � Resfdcted�elfvery.Pee r`�_' 1 ;qRBARA MCPE�iK E/?L � (Endorsemantpeqwredj - ' -AYLOR M GREENE III — . . rn � ' ' � Total Postage&Fe,es � �C� _.__ '>51$ALEXANDER DR ___________________ �°n CYN7HIA G RIG�AiV m._...� �HAPEL HILi, NC 27514-740A ,� 651�ALEXANDER DR �---------------- o • -- ----------: o CHAPEL HILL, NC 27514-7404 � �_..___.�..e.� `^---_ _..�.,_�'�_:-�'—�-- ?,:� i rr-�r-r�n 11 E1ae+i�SkiaiAi=: --_--- � ..._�L'�IoF'fini�ilttai�t� ��� 4;1°r��k dral��t�l, �(,�� YE� 'a��l < .� � �°���s �, y �� �f�l�l��� ��Ir��3������������--��,�i���I����� i1����. �� 4�9Ca)�il�-��1�ii'r�111�o7rj��,"y���C�JIr��?7iFta�� {��ol,,�-��Cl 1°�l1+,il+f-X�Y,. ��1r�at��1'/-l� IjiS�7aut3h�)aiAd�i�tl�ls�'r-���3�1.!��.��'�A�fl�Ff'F-»N�lai�5�� _— '�c, c ��� � ��,P� � � - — — �= H � �� � �� , �: r s} � , �� � ��� a r� k � �i � ar�y�d�� a�, �, : ��� ��� �, � , � ' �a� � �� { ��! _ � � r i;e� �,�rl��l��-�oa���A�°�8E-�,,��°��,������f� � p�y, �tii�C� � �� �' ' at 1til�i�i=JinF1�r��e d"���l�.e�ltl�y�(Ffi�h ���t�l!,ld�L° �ilrlk�',7L�C�� 1 .� I�ostage $ :"/J1�c3� ��� �"! ��;�I� -- —=�f�� � ___ �,. �-_�.,, Cer4fied Fee �'�'�L'1<� r � �' `;���"li+(��17=1r r�l�(�) il�1`L�11=�St�11r�'1��J-�i��x i�3�r�',�'f��6j Fr��t�i{ _%,_� � .�� � � — � ..�-� t ?�f , - Postmark 'S �I „ i �.�� , ��� � y� • Return Recelpt Fee / ;•' - Here � _ = — _---� ndorse,ment Requirgd) `�� ,.,�,%° � � � e' ;esirjoted Delivery Fee'�� e��� � €j-� [(" Postage � �'� � fr ndorsementReqwred) "_ t°1°r,�.�j�«` p � -� � CerYified Fee L �'� Tn+al P cta��&Fees ���..: �.. C� � � ..�. � ,' -.. r y,` 'Postmark � Q Peturn Recelpi Fee � l,�., L(1�(�JA LEE WOODARD -- Here � (Endorsement Required) 2219 IRVIN CIR Restnctedoe��very.�ee ' � o . � (Endorsement Required) CH�iPEL HILL, NC 27514-9679 � � �;� „`._---°`-------- � I�INA G FRANKE'L m 2?C4 vEURGE CR — 1i�ii 1L;t�'iiaatl3���x! � --� -----7 co CH�iP�L H(LL, fuC 275�496�0 ..._..;-;---->---• ° _. - - - -�- � r�- .,.._..:..e�.._._. t«.= z=--=---9�-- �,��, ���K„��;�r�'