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PREVIOUS COMMUNITY IMPACT STATEMENT

for Proposed Planned Community of Flunt Field

Rejected by Jefferson County Planning Commission in 2000; appealed by developer Greenvest, L.C.; judge overturned rejection.

CIS public hearing for revised CIS is scheduled for May 8.

Letters and other attachments are not included on this website.

Note: This previous CIS is included for purposes of comparison with the revised CIS submitted April 19, 2001.

COMMUNITY IMPACT STATEMENT

FEB 17 2000

JEFFERSON COUNTY

PLANNING COMMISSION

HUNT FIELD

A Planned Community

Charles Town and Middleway Districts.

Jefferson County, West Virginia

February 2000

COMMUNITY IMPACT STATEMENT

HUNT FIELD

A Planned Community

Charles Town and Middleway Districts

Jefferson County, West Virginia

THE JEFFERSON COUNTY PLANNING AND ZONING COMMISSION

Charles Town, West Virginia

By

Appalachian Surveys of West Virginia, L.L.C.

P.O. Box 35

Charles Town, West Virginia

25414

(304) 725-4572

TABLE OF CONTENTS

General Description 1-4

Community Impacts 5-10

Physical Impacts 5-6

Social Impacts 6-9

Economic Impacts 9

Appendix Follows Page 9

Exhibit I .. . Site Location map

Exhibit 2 .. . USGS Topo Map

Exhibit 3 . .Soils Map

Exhibit 4 . . . Wetlands Map

Exhibit 5 . . . Concept Plan

Exhibit 6 . . . Restrictive Covenants

Exhibit 7 . . . Traffic Study

Basic Descriptive Information

I. Name, Address of Owner

F & M Bank - Winchester

c/o Michael Bryan

9 Court House Square

Winchester, VA 22601

(540) 665-4334

2. Name, Address of Developer

GREEENVEST L.C:

Jim Duszynski, Senior Vice President

8614 Westwood Center Drive

Suite #900

Vienna, VA 22182

(703) 442-8992

3. Name, Address of Contact Person

F & M Bank - Winchester:

c/o Michael Bryan

9 Court House Square

Winchester, VA 22601

(540) 665-4334

Engineering/Surveying:

R. Michael Shepp, PS

Appalachian Surveys of West Virginia, L.L.C.

P.O. Box 35

Charles Town, WV 25414

(304) 725-4572

Land Planning:

William W. Neville, AICP, CIA

The Lessard Architectural Group, Inc.

8603 Westwood Center Drive, Suite 400

Vienna, VA 22182

(703) 760-9344

Traffic Study:

Donna Lusk

PENTREE, INCORPORATED

P.O. Box 1309

Princeton, WV 24740

Legal Counsel:

Peter L. Chakmakian

P.O. Box 597

Charles Town, WV 25414

(304) 725-9797

3. Tract Size, Shape, Location

Approximately 480 acres on the south side of West Virginia Route 13, between Route 13 and the railroad track and approximately 519 acres between the railroad track and old U.S. Route 340 (West Virginia Route 340/1 3), totaling in all approximately 1000 acres. The 480 acre parcel is zoned Residential Growth. The 519 acre parcel is zoned Light Industrial-Commercial-Residential Growth. (See Exhibit I)

4-5. Project Design and Layout: Approximate Size, Location of Lots

The project will be a "planned unit development" which will be developed over a period of approximately 20 years.

The residential components will consist of a mixture of housing types, including single family, townhouses and multi-family. The total number of residential units developed over the 20-year period will consist of 2,100 single family units comprised of lots which will vary in size, but will range from 6,000 to 15,000 square feet; 750 townhouse units; and 450 multifamily units, for an overall total of 3300 residential units. Central water and sewer will serve all of the property. The City of Charles Town will provide water. The Jefferson County Public Service District will provide sanitary sewer.

The commercial components will consist of approximately 200,000 square feet of commercial space, which will include a mixture of retail and office space. These components of the planned unit project will be developed as soon as market demand is present.

The parks, open space, and community center components will be comprised of approximately 142 acres throughout the project. See the section describing intended improvements.

An area comprised of 75 acres will be set aside for schools. (See Exhibit 5)

6. Topography

The area proposed for development has gentle to moderate slopes, and primarily consists of open meadow with some wooded areas to the west. (See Exhibit I)

7. Soil and Drainage Characteristics (See Exhibit 3)

The soils on the site consist of:

Duffield series (DgB, DgC, and DgC3), that consist of deep, well-drained soils,

and have slight to moderate limitations for building sites and roads.

Hagerstown series (HbB, HbC, and HeC3), that consist of deep, well drained, silt barns. They have slight to moderate limitations for building sites and roads.

Hagerstown and Frederick series (HfB, HgD, and HgC), that consist of deep, well drained, cherty silt barns. They have severe limitations for building sites and roads due to rock outcrops.

Frankstown series (FbB and FbC) consist of deep, well-drained soils. They have slight to moderate limitations for building sites and roads.

Lindside series (Lo) consist of deep, nearly level, moderately well drained, soils. They have severe limitations for building sites and roads due to flooding.

Huntington series (Ho) consist of deep, nearly level, well drained, soils on flood plains of streams and along drainageways. They have moderate limitations for building sites and roads.

According to Geology of the Berryville, Charles Town, Harpers Ferry, Middleway, and Round Hill Quadrangles, Berkeley and Jefferson Counties, West Virginia MAP-WV 35 published by the West Virginia Geological and Economic Survey dated 1990, the geology of this site is Harpers Formation which is in the Elbrook Group. It is comprised of argillaceous, dolomitic limestone; typically weathers to a dark yellow color; chert and oolites present throughout the formation; thin sandy beds near the middle.

8-9. Existing Site Features

The site is relatively flat and open through the middle of the property with a wooded area to the west. It has areas of woods, areas of dense thick brush, and some high open areas. There are several farm buildings, houses, and farm related structures throughout the property. The North Fork of the Bullskin Run crosses the property on the southwest. There is a railroad passing through the property. The drain of an unnamed wet weather stream crosses the east of the property. Winchester Cold Storage has a right-of-way to access its property to the northeast.

10. Existing Easements, Rights-of-Way

There is a railroad right-of-way passing through the property and an access easement for the property to the

Northeast.

II. Existing Covenants and Restrictions

None

12-13. Approximate Size1 Etc., of Areas to be Dedicated, Intended Improvements

There will be dedicated open space/buffer areas. 75 acres will be dedicated to the Jefferson County Board of Education for future school construction. There will be approximately 142 acres in parks, open space, buffer areas and a community center. There will be areas dedicated for stormwater management. There will be an area set aside for two water storage tanks. There will be a bridge crossing the railroad.

14. Intended Land Uses

Previously covered.

15. Intended Earthwork

The cutting and/or filling for road construction. The necessary grading for site improvements and drainage control.

16. Proposed Covenants and Restrictions

See Exhibit 6.

17. Tentative Schedule

It is estimated that it will take approximately six months to obtain all necessary approvals. The development will be "Final Platted" in sections of approximately 50 lots per section. There will be approximately two sections platted per year depending upon market conditions. Construction will begin on the required infrastructure in the fall of 2000. The infrastructure needed for Section I will be completed by spring of 2001

18. Market, Feasibility Study

The owners have done their own investigation into the comparative cost of these housing types versus others in the county and have concluded that there is a demand for this type of product. Additionally they believe that the concept of the master planned community will support the retail and commercial components in time.

19. Project Cost

The estimated project cost excluding building construction and land cost is $3,650,000.

20. Funding Sources

The project will be funded privately.

COMMUNITY IMPACTS

PHYSICAL IMPACTS

1. Earthwork

a. The site will be stripped only in areas where necessary, primarily roads, lots, and in the commercial areas;

b. There is no visible rock on site; however, some blasting is likely. Adjoining property owners will be protected if blasting is required;

c. The site will probably be a balanced site. Any excess materials will be spread on site, borrow materials if required will be provided on site;

d. The overall drainage pattern will not be changed; however, stormwater will be routed through drainage ditches, drainage easements, and other drainage structures and devices as needed. Stormwater management will be provided via storm water management ponds as needed;

e. The terrain will be altered as necessary to accommodate the grading for roads, driveways and houses.

2. Conversion of Farm Land

This site is presently utilized for agricultural purposes and this project does represent a conversion or potential farmland to residential use. It is zoned "Residential Growth" and Residential Growth-Light Industrial-Commercial.

3. Wildlife Populations

There are no known rare or endangered species of wildlife indigenous to this site. The DNR has made a formal evaluation of this site. Wildlife populations will not be affected although some nests or dens of individual animals may be displaced. See attached letter.

4. Groundwater and Surface Water Resources

• A request will be submitted to the Jefferson County Health Department for data on contaminated wells within 1000 feet. This information will be submitted for the file when it is received.

• The North Fork of the Buliskin Run crosses the southwestern corner of the property. An unnamed wet weather stream crosses the northeastern end of the property. This Bullskin is well defined with stable, vegetated banks.

• Stormwater management will be provided via storm water management ponds as needed.

5-6. Visual Compatibility, Sensitive Natural Areas

To the north, on the opposite side of West Virginia Route 13, are Locust Hills and Tuscawilla Hills subdivisions, and Locust Hill Golf Course. North of the railroad to the west is property owned by the Claymont Society for Continuous Education, which contains the Claymont mansion. Most of this property along the boundary is wooded. The North Fork of the Bullskin Run crosses the property between Claymont and the railroad. This is a sensitive natural area, and a wetland. It will be protected in a buffer area. To the east is the Winchester Cold Storage facility. South of the railroad track, to the southeast is farmland and similar terrain, to the south is the Charles Town bypass and similar terrain; to the northeast is Page Jackson School, Fairview Cemetery, and farmland. An unnamed wet weather stream crosses the northeastern end of the property. There is a railroad separating the two tracts being developed. To the south similar terrain and farmland surround the tract.

SOCIAL IMPACTS

7. Demand for School Services

Information provided by the Jefferson County School Board indicates that there are 0.50 (0.65 per 1990 census) children for each single-family residence in Jefferson County. This is further broken down as follows: 0.27 elementary, 0.12 junior high, and 0.11 senior high. The number of children for each townhouse is 0.18. This is broken down as 0.11 elementary, 0.04 junior high and 0.03 senior high. The number of children for each apartment is 0.28. This is broken down as 0.18 elementary, 0.05 junior high and 0.05 senior high.

• 5-8: [[(2100 x 0.27 = 567) + (750 x 0.11 = 82.5) + (450 x 0.18 81)] x 0.57 = 416.4) Kindergarten through Third Grade students would attend Page Jackson Elementary School which has a 1999-2000 enrollment of 549, an adjusted design capacity of 640, and a design capacity of 640 students.

• 9-Il: [[(2100 x 0.27 = 567) + [750 x 0.11 = 82.5) + (450 x 0.18 = 81)] x 0.43 = 314.1) Fourth through Sixth Grade students would attend Wright Denny Elementary School which has a 1999-2000 enrollment of 416, a design capacity of 500.

• 12-14: [(2100 x 0.12 = 252) + (750 x 0.04 = 30) + (450 x 0.05 = 22.5)] = 304.5 Seventh through Ninth Grade students would attend Charles Town Jr. High School which has a 1999-2000 enrollment of 792, a design capacity of 825, and an adjusted design capacity of 660.

• 15-17: [{2100 x 0.11 = 231) + (750 x 0.03 = 22.5) + (450 x 0.05 22.5)1 = 276 Tenth through Twelfth Grade students would attend Jefferson High School, which has a 1999-2000 enrollment of 1565, a design capacity of 1350, and an adjusted design capacity of 1080.

Note: Adjusted design capacities and design capacities do not reflect any recent expansion of the school’s physical plants. The school board has announced a $10.6 million dollar expansion plan. Approximately $7.6 million will be used to construct a 9th grade center near Jefferson High School. This facility will house approximately 600 students. $3 million will be used to upgrade some of the facilities at Jefferson High School. Upon construction of a second high school in Jefferson County, the 9th grade center will become a middle school, comprised of 6^th, 7th and 8th graders. The developers of Hunt Field have set aside 75 acres for future school construction. This offer is being evaluated by the Board of Education.

8. Traffic

a. The 1996 West Virginia Department of Highways traffic count for West Virginia Route 340/13 is 600, West Virginia Route 340/16 is 3100, and for West Virginia Route 13 is 2700. (Note a detailed traffic study is being prepared)

b. This development at build-out, in 20 to 30 years, will generate 24,450 trips per day [(2,100 S.F. x 8.0 per D.U. = 16,800) + (750 T.H. x 6.0 per D.U. = 4,500) + (450 M.F. x 7.0 per D.U. 3,150) = 24,450]; peak hour flow will be 2,445 trips [(2100 S.F. x 0.8per D.U. = 1,680) + (750 T.H. x 0.6 per D.U. = 450) + (450 M.F. x 0.7 per D.U. 315)] = 2,445.

c. The nearest key intersections are West Virginia Route 340/13 with the Charles Town bypass, the intersection of West Virginia Route 340/13 with West Virginia Route 51 and the intersection of West Virginia Route 13 with West Virginia Route 51.

d. There are two intersections designated in the Comprehensive Plan as "problem areas" within 1 mile of the site. The intersection of West Virginia Route 13 with West Virginia Route 51, and a sharp curve on West Virginia Route 13.

e. The ordinance does require a traffic study for a development generating this level of traffic.

9. Demographic

The "HOUSING ANALYSIS EASTERN PANHANDLE COUNTIES OF BERKELEY, JEFFERSON, AND MORGAN", dated January 1992, and prepared by the WEST VIRGINIA HOUSING DEVELOPMENT FUND projected the annual housing needs in Jefferson County at approximately 300 units per year until the year 1995. This development will potentially provide 3,300 homes over approximately a 20-year period. According to the 1995 Census, there are 2.68 residents per household in Jefferson County. Considering this projection, this development at build out will house approximately 8,844 persons. Projections by the County Engineer indicate that the number of residents per new household is 1.92. According to projections by the WV Housing Development Fund, the figures are 1.89 persons per dwelling unit for new dwelling units for 1990-1995 and 1.75 persons per dwelling unit for new dwelling units for 1995-2000.

10. Emergency Medical Facilities

Jefferson Memorial Hospital has adequate facilities to provide a broad range of medical services and meet the emergency needs of the residents. There are also hospitals in Martinsburg, Hagerstown, Frederick, Winchester and Leesburg.

11-12. Fire and Police

The development site lies within the Charles Town Fire District and would be served by the Citizen’s Fire Company and the Independent Fire Company.

The West Virginia State Police and the Jefferson County Sheriff’s Department both have jurisdiction at the development site.

13. Trash Removal

Trash removal could be provided by Waste Management Inc.

14-15. Electric and Telephone

The site will be served by the Allegheny Power Company and the Citizen’s Communications, both of which have adequate facilities to provide these services.

16. Water and Sewer Service

The City of Charles Town will provide water. Initially Charles Town will provide water through wells on site. The City of Charles Town proposes to bring its municipal water system to the site after approximately 400 units are constructed. There is two water tanks or tower sites proposed on the property. The Jefferson County Public Service District will provide sewer services. The developer will design and construct a sewer hookup to Jefferson County’s system to the PSD’s specifications.

17. Relationship of Project to Comprehensive Plan

This property is zoned Residential Growth and Residential Growth-Light Industrial-Commercial. Under RESIDENTIAL LAND USE the Comprehensive Plan recommends "... encouraging a variety of housing types throughout the county.. .To provide a choice of suburban, semi-rural, and rural living environments... Residential land use policies should build on the Zoning Ordinance and continue to create orderly development patterns and discourage scattered development... The extension of public facilities such as water, sewers, and treatment plants should be consistent with residential land use policies... Channel new development into designated "growth areas" designated by the Zoning Map..."

18. Housing Supply

- This project will contribute 3300 housing units to Jefferson County.

19. Historic Sites

According to the map of the Windshield Survey as shown on Explorer: The West Virginia History Database, Jefferson County Module, by Dr. William 0. Theriault, the following historic sites are on adjacent properties:

• "Blakeley", originally owned by John Augustine Washington, was constructed in 1820 (burned and rebuilt in 1864)

• "Old Davenport Place" ca. 1900

• "Grasmere" no additional information given

• "Claymont" built 1820 by Bushrod Washington

20. Recreation

As the property is developed, the developer will construct tot lots, playgrounds and walking/biking paths. The walking/biking paths will interconnect with the sidewalk network to make the entire community pedestrian/bike friendly. Additionally, the developer will construct tennis courts, volleyball courts and a basketball court. After there is sufficient population to support it an Olympic size swimming pool, with a shower and locker facility will be constructed. Finally a "Community Center" with an office and a meeting room for the homeowners association will be provided.

ECONOMIC IMPACTS

21. Property Tax Evaluation

It is estimated that the development will generate $3,300,646 annually in property taxes based on the following:

• Jefferson County Property Tax Guide, Class U Tax Rates

• Appraised value of project: $451,500,000 (with dwellings)

• Assessed value: (60% of above figure) $270,900,000.

• Total County Tax Rate: 1 .2184/$ 100

• Tax Computation: $270,900,000 divided by $100 times 1.2184 equals $3,300,646

22. Bank Deposits and Loans

The occupants of the 3,300 housing units will presumably make use of local banking facilities and will represent an increase in banking activity in Jefferson County.

23-24. Anticipated Local Spending and Employment

Development costs (including house construction) of $333,200,000 will be spent primarily on services and materials from local contractors and suppliers, thus stimulating the local economy. Greenvest is committed to utilizing local "tradespeople & and suppliers in cooperation with Jefferson County and the City of Charles Town.

25. Property Values

Property values in the area will be enhanced by the development.

SECTION Il MAINTENANCE & USE REQUIREMENTS

The purpose of this section is to list and illustrate the maintenance requirements of the community that is required by the Association and property owner. This list is by no means all inclusive, but rather provides the examples of maintenance requirements of the homeowner. Many of the requirements are taken directly from the Covenants.

Violations of maintenance standards are violations of the Covenants and are pursued under and in accordance with Article VIII of the Covenants.

A. Association Maintenance Responsibilities

The Association shall be responsible for the maintenance, management, operation and control of the Common Areas and all Association improvements thereon. The Association shall keep the Common Area in good, clean, attractive condition as determined by the Board of Directors. The Association shall be responsible for the mowing of all grass within the Property in order to promote an attractive and uniform appearance, and for that purpose only, all unenclosed front, side and rear yards located within individual Single Family and Cluster Lots, and common areas of the Condominium Sections, and intended common areas of Multifamily Rental Sections, at the option of the Association, shall be considered a part of the Common Area.

The Board of Directors exercises the option to mow all unenclosed front, side and rear yards of the Single Family and Cluster Lots.

1. Easements for Upkeep:

As more fully defined in Article Ill of the Covenants, the Association has an easement for access in order to maintain, correct or inspect common areas throughout the property.

2. Association Control of Common Areas:

No owner shall improve, repair or alter the Common Elements without the expressed written consent of the Board of Directors. This includes all vegetation and landscaping.

If any Common Area or improvement thereon is damaged or destroyed by an Owner, or such Owner’s tenants, guests, licensees, agents or family

members, the Association shall repair such damage at the Owner’s expense.

No Owner shall dump or otherwise dispose of or place trash, garbage, debris or any unsightly or offensive materials on any Lot or the Common Areas.

B. Homeowner Maintenance Responsibilities

Property owners shall, at all times, maintain their property and all improvements thereon in a good, clean, attractive condition, order and repair consistent with the Association’s maintenance standards. This includes, but is not limited to, items such as mowing grass, removal of trash and structural maintenance, parking of vehicles and use of the Lot and home. Maintenance affects the visual character and economic values of the property and neighborhood and, in some cases, safety. For the purposes of this document and the Covenants, "upkeep" shall be defined as care, inspection, maintenance, operation, repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction.

1. Dwellings and Structures

Residents are responsible for maintaining the exterior of their dwellings and all improvements thereon, such as decks and fences.

Some of the following conditions are examples considered a violation of the Covenants:

a. Peeling exterior paint.

b. Equipment which is either broken, in need of painting, repairing or upgrading.

c. Failure to have an operable exterior light. All exterior house lights operate on a photovoltaic cell. All exterior lights are required to be operable at all times.

Routine maintenance of your property will preserve and protect your home and limit personal liability. The Association expects that residents will do all maintenance necessary to prevent any of the cited conditions from occurring.

2. Mowing and Trimming

2

Turf areas shall be mowed at regular intervals, maintaining a neat appearance and a maximum height of six inches. Curb and sidewalks must be kept trimmed and free of debris. Planted beds must be kept in a neat and orderly manner.

3. Weed Control

Weeds shall be controlled in all areas of a Lot.

4. Lawn and Garden Fertilization

Special care must be taken not to over fertilize or to fertilize lawns and gardens where there is the chance of harmful runoff

5. Pesticides and Herbicides

Pesticides and herbicides shall be applied according to label instructions for the specified problem. Emphasis must be placed on organic/biodegradable materials to ensure the least harm to the natural environment. Care in application is extremely important. Avoid the use of pesticides and herbicides if at all possible, but when necessary, use with caution and follow instructions.

6. Erosion Control and Drainage Management

Residents are responsible for erosion control, for maintaining proper drainage through their property, and not blocking or hindering natural drainage from adjoining properties.

7. Trees & Ground Surface

Tree maintenance and care are addressed in two areas within this document. In certain cases, an Exterior Alteration Application is required to perform maintenance on a tree. Please read this section carefully and refer to the section on trees located in the Design & Maintenance Standards.

Owners shall not remove trees measuring six inches or more in diameter at a point two feet above ground level from any portion of the Property without the prior approval of the ARC. In addition, owners must not remove or replace any trees on any portion of the Property other than in

3

conformance with the site plans approved by the County. No owner shail alter by removal, excavation, fill or any other means any ground surface without the prior written approval of the ARC.

Owners must obtain approval of the ARC before planting any tree within 10 feet of a Lot boundary which may grow over a height of 6 feet.

4. Trash Removal

Residents are responsible for picking up litter on their property as well as debris on open space that originated from their property. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. All trash must be placed in a trash receptacle. No trash shall be left out for collection in a plastic bag.

In accordance with the Covenants, all trash receptacles must be kept out of sight and stored in an enclosed location. Trash and recyclables shall only be placed out for collection after 8:00 p.m. the night before collection day. All receptacles must be removed from view after collection no later than 6:00 p.m. the day of collection.

Removal of trash and debris from all Association areas accumulating from resident usage will be completed as necessary. The removal of trash costs the Association; however, voluntary neighborhood cleanup, in addition to controlling litter at the source, prevents expenditure of Association funds.

9. Parking & Use of Garage

In accordance with Article VU, Section 7.1(a), "The principle use of an individual garage shall be for passenger vehicle storage only. Owners shall not store boats, trailers, buses, campers, recreational vehicles, utility trailers, commercial vehicles, oversized vehicles or any other type equipment, material, machinery or goods in their garage which prevents the Owner from parking a passenger vehicle in the garage." This restriction is ordered by the County Council and can only be amended by the Council.

In accordance with Article VII, Section 7.12, "No owner shall maintain a boat, trailer, bus, camper, recreational vehicle, utility trailer, commercial vehicle, or oversized vehicle in their garage or anywhere else on the Property."

10. Vehicle Repairs

No vehicle repair shall take place on any of the streets within the Association, except for emergency vehicle repairs. At no time shall any vehicle be placed on blocks or jacks.

11. Clotheslines

In accordance with Article Vll, Section 7.16 of the Covenants, "No owner shall install or place outside of the dwelling any clothesline or other clothes drying apparatus nor shall any Owner place any clothes or other washed materials outside any building."

12. Underground Utility Lines

Owners must bury or shield all utility lines, wires or pipes to the extent feasible. Owners should be acutely aware of storm sewer and utility easements that are located on the Lot. Owners must always verify location of all utility lines prior to undertaking any exterior improvements or maintenance. Miss Utility must be called 48 hours in advance of any anticipated digging near utility lines (1-800-257-7777) or the Lot owner is liable for any damages that may occur if utility lines are cut when digging.

13. Snow Removal

Property owners are responsible, for clearing snow and ice from the driveway serving their home, the lead walk to the home and the clearing of any sidewalks fronting or bordering the home.

D

SECTION III EXTERIOR CHANGE DESIGN CRITERIA

This section lists the most common requests for exterior alterations and their design criteria. As stated in the governing documents, all exterior alterations require approval of the ARC.

A. Application & Application Contents

All exterior alteration requests must be submitted to the ARC on the approved Association Exterior Alteration Application form. The application form requires information which will assist the ARC in reviewing plans for your proposed project. In most cases, only a single application is required. For extensive changes, a preliminary application must be submitted.

Applications submitted without the required information will be considered incomplete and returned without ARC consideration.

Application Contents:

In accordance with Article VI, Section 6.6 of the Covenants, each Owner shall submit to the ARC a proposed construction schedule and two sets of plans and specifications of the proposed construction which must include (unless waived by the ARC) the following:

1. A site plan showing the size, location, and configuration of your home, all existing improvements, including driveways and landscaped areas, and all setback lines, buffer areas and other features required under applicable law. Contour lines must be shown on the plan when drainage is a consideration.

A site plan is a scaled drawing of your lot which shows the exact dimensions of your property. In most cases, the site plan shall be developed from the plat plan (plat of survey) provided to you as a part of the closing documents when you purchased your home.

More complex applications may require larger scale drawings, an enlarged plat plan or county approved development or site plans in order for the proposed application to be considered.

2. Description of the Project & Description of Materials: The application, requires a complete description of the alteration or improvement. This includes a complete listing of materials to be

used, overall dimensions, and, as in the case of decks or porches, height off the ground. Existing materials and colors of house, trim and roof and samples of materials and colors of the proposed alteration or improvement are also required.

3. Drawings/Photographs: Complete drawings showing all dimensions, elevations and details of the proposed project are required. Drawings must show the relation of the project to the existing home.

Drawings which are illegible take time to review, slow the process and may cause the application to be returned; therefore, be as clear and accurate as possible.

4. Signatures: All applications must include the signatures of at least four (4) most affected homeowners, including all adjoining homeowners to indicate their awareness of the proposal. Their signatures do not necessarily reflect approval--just awareness of the proposed modification. In order for adjoining homeowners to be aware of the project, the complete project application shall be offered for review to the adjoining homeowner when a signature is requested. Neighboring owners shall be shown the complete application to be submitted, including all plans and drawings at the time signature is requested.

5. Commencement/Completion Date: Applications must contain the proposed commencement and completion date. Unless stated expressly otherwise by the ARC, owners must complete construction within 30 days of commencement of work:

The application must include all in formation as requested in these Design & Maintenance Standards. Applications that are unsigned or do not contain all requested in formation will be considered incomplete and will be returned to the homeowner without consideration.

B. EASEMENTS

There may be easements running through the Lot. Prior to submitting an application, homeowners shall verifiy location of all easements and secure permission from the easement holder to build over, on, or through an easement. Approval by the ARC for a project does not constitute approval to build over an easement. Unless stated otherwise by policy, the ARC may not grant a

homeowner the right to build over, on, or through an HOA easement; such approval may only be granted by the Board of Directors.

There are emergency access easements located throughout the community. These are designed to allow access to the front and rear sides of homes. The County requires these be kept clear at all times to allow emergency personnel (police, fire, medical) access. Therefore, nothing may be built over on or through an emergency access easement. Moreover, easement may not be blocked with any material.

C. PROJECT STANDARDS

Air Conditioners:

Air-conditioning units extending from windows are prohibited. Exterior units that are part of a central air conditioning/heating system may be added or relocated only when they do not interfere visually with neighbors. Screening shall be required to reduce visual impact. An application is required to relocate or add an air-conditioning unit as described above.

Antennas:

No antenna shall be installed on any common area of the community.

Owners shall not erect or maintain on the exterior of any Lot any television antenna, satellite dish or other type of antenna or receiver greater than one meter in diameter.

To comply with the Federal Telecommunications Act of 1996, prior approval of the ARC is not required for the installation of a satellite antenna or receiver measuring under 1 meter in diameter. However, notice of such an installation or planned installation is required. Prior notice will assist the homeowner in selecting the best possible location for the equipment while complying with the requirement for the least visible and unobtrusive location. The Association may condition the placement of the receiver as long as signal reception is not impaired.

Ground Mount: Must be located on a rear lot location. Where front or side yard locations are necessary, all equipment must be installed near other utility equipment, or among shrubbery. Screening may be required.

Roof Mount’. Must be located on the rear of the roof, below the roof peak.

If a front roof mount is necessary, all equipment must be installed to one side of the roof, rather than in the center; and equipment shall be required to be painted to match the roof (so long as warranties are not voided).

Structure Mount’ Shall be located such that the equipment is adjacent to a chimney or other structure on the home. If on a deck, the equipment shall be installed to one side of the deck or adjacent to the house, if possible. Screening may be required.

When any antenna is no longer in continuous use as such, it will be in violation of this standard and shall be removed prior to issuance of the disclosure packet. Antenna approval does not convey upon sale of the home.

The installation of a satellite receiver only requires the submission of the the enclosed "Satellite Notification Form."

Attic Ventilators:

Attic ventilators and turbines are permitted. They shall be painted to match the surface to which they are attached. Roof location shall be on the rear of the house and below the roof ridge.

Awnings:

Exterior awnings will only be approved if demonstrated to be clearly compatible with the architectural design and qualities of the home. Awnings shall be retractable and, if approved, must be closed when not in use.

Compost Bins:

Compost bins are prohibited.

Decks. Balconies & Patios:

Addition of a Deck:

The approved site plans for The Association state that decks may be no larger than the size shown on the site plans. Furthermore, all deck applications require approval from the County prior to construction. Therefore, all deck applications

Exterior Decorative Objects:

Approval is required for all exterior decorative objects, including natural ana man-made, located in the front or side yard. Exterior decorative objects include, but are not limited to, such items as bird baths, wagon wheels, sculptures, fountains, decorative ponds, stumps, driftwood piles, boulders, or free standing poles.

Consideration will be given to size, style and harmony with community design.

Approval is not required for temporary holiday lights or decorative objects for the period three weeks prior and three weeks after the holiday in question.

Electronic Insect Traps:

Electronic insect traps will be regulated based on the same criteria as exterior lighting. In addition, no device shall be installed or maintained in such a way as to cause discomfort to adjacent owners from noise. These devices shall be operated only during those times when the immediate area protected by the trap is occupied by the owners or their guests.

Facades:

No owner shall change the facade material of their home nor change the material on the side(s) of the home. Applications to repair or replace facade material must show the location of the repair or replacement and confirmation of’ use of same material as exists on home.

Fences:

1. Rear Yards: Rear yard fences must be replaced with fences of exact style.

2. Front Yards: Front yard fences are not permitted.

Fences shall be left to weather naturally. Application of a clear wood

preservative is permissible. There shall be no painting or staining of fences.

Flagpoles:

No mast flagpoles are allowed. However, flags are permitted to be flown from

holders attached to the exterior wall of a home. An application must be submitted showing the location of the proposed flag holder.

Flues & Vents:

All vent stacks, exhaust vents and other mechanical equipment must be located in the most

unobtrusive way possible and painted to match the roof or wall to which attached.

Garage Doors:

Garage doors shall only be replaced with a door of like kind. An application shall be submitted providing the make and style of the proposed change.

Gazebos:

Due to the limited size of the lots and limited size of allowable decks, no gazebos shall be added.

Grills & Barbecues:

An application is. required for the construction or placement of a permanent grill. The application shall show the proposed placement, fuel type, and materials.

Gutters & Downspouts:

Gutters and downspouts must be integrated into the architectural design in color, shape and location. No plastic gutters are allowed. Gutters and downspouts must match in color and design to those existing and must not adversely affect drainage on adjacent properties.

Hot Tubs

Requests to install a hot tub will be reviewed on a case-by-case basis. However, hot tubs, to be considered at all, shall be located on the ground level in the rear

of the home, within the fence and as close to the home as possible. The addition of landscaping or screening may be required to reduce the visual impact and noise to neighboring homes.

House Numbers:

House numbers shall be replaced with ones of exact style and color as the original numbers on the house. House numbers are required for both the front and rear of the house. Rear numbers shall be located on deck band board; however, if there is no rear deck, numbers may be placed on the rear fence gate support post.

Landscaping - Gardens:

Landscaping and gardens must not obstruct sight lines required for vehicular traffic.

All gardens must be neatly maintained; this includes removal of all unused stakes, trellises, and dead growth.

An application is required for hedges or other features which, in effect, become structures, fences or screens.

An application is required for railroad ties or garden timbers which form a wall over 12" high for a length of eight feet or more. Include a site plan with the location of ties or timbers drawn in, and information on landscaping plans and any grading changes. Landscaping timbers must not be used to delineate property boundaries.

Landscaping - Rock Gardens:

An application must be submitted for rock gardens, collections of rocks, and

single rocks exceeding 24" diameter. All rocks shall be left their natural color.

Landscaping - Trees:

The Association is a carefully designed community of which the landscaping of the open space and individual Lot is an integral feature. The Declarant, in conjunction with the County Arborist, has created this carefully designed community landscaping plan. The site plans for the community have been

approved by the County and are conditioned upon the plan being maintained.

As such, owners may not remove any trees from any portion of the Lot without the prior approval of the ARC. Likewise, prior approval is required before any additional tree is planted on a Lot.

The Exterior Alteration Application submitted should show the location of the tree, the type of tree, the reason compelling the removal of the tree and the proposed species of replacement tree.

Landscaping - Vegetable Gardens:

Vegetable gardens shall only be placed in rear enclosed yards. Vegetable gardens shall not take more than thirty-two square feet of rear enclosed yard space and shall not pose a threat of damage to other property through the flow of water.

Lead Walks:

All lead walks (walks leading to the home’s main entrance) must be repaired or replaced with the original material.

Light Posts & Exterior Lights:

Light posts are not permitted on. lots unless required’ by the County. Any resident wishing to install a light post must provide documentation from the County requiring such post. If such a post is allowed, it shall be of a similar style as those found in the streets of The Association.

Exterior lights attached to a home must be replaced with a fixture of exact style.

The ARC will consider requests to replace the fixture with an alternate fixture.

However, the fixture must be harmonious with the style and character of the

home and neighborhood.

Ground level lights bordering driveways must be unobtrusive in nature, with a black or dark green finish. Lighting in the front or rear yard must be placed so that light does not shine outside the property in a manner which could disturb neighbors. In particular, care must be taken in arranging the angle of a floodlight. Applications shall show the estimated light level and shine pattern.

Satellite Dishes/Receivers -: see "Antennas"

Screened Porches:

Screened porches will only be approved if demonstrated to be clearly compatible with the architectural design and qualities of the home.

Signs:

In accordance with the Covenants, Article Vll, Section 7.17, "Owners may not erect or maintain on any portion of the Property any signs except for i) signs required by law (such as building permits), ii) one unlighted sign not greater than two feet by three feet advertising for sale any Single Family Lot, Cluster Family Lot or Condominium Unit. Signage advertising security services for individual homes shall be allowed."

Owners may install two security signs not to exceed 64 square inches each. Approved locations shall be at the front door, or in the shrubbery within 12 feet of the front door, and in the rear of the home within 6 feet of the house.

Rental signs for the Multifamily Rental Sections and signs for the non-residential sections will be reviewed by the ARC. Owners of these entities shall submit sign designs to the ARC for review.

Skyliqht:

Skylights must be located on the backside of the roof ridge only.

An application shall show the relative location of the skylight to the roof and

show the scale of the skylight to the roof.

Sport & Recreation Equipment:

Semi-permanent play equipment which either constitutes a structure or is appurtenant to an existing structure requires approval. Examples include sandboxes, playhouses, swing-sets, etc. The following factors will govern approval of such equipment.

1. Location. Such equipment shall be placed in rear yards behind the dwelling so it is not visible from the street.

2. Scale and Design. The equipment shall be compatible with the lot size. The design and any visual screening are additional considerations in evaluating whether there will be an adverse visual impact.

3. Color & Materials: Equipment constructed of wood and left in a natural condition to weather is encouraged. Metal play equipment, if approved, shall be painted solid earth tones (brown, tan, dark green) to blend with the natural environment.

Permanent sport and recreation equipment (basketball hoops, play structures, etc.) are prohibited. Portable basketball hoops are also prohibited.

Solar Panels:

Installation of solar panels on a home or Lot is prohibited.

Storage Sheds:

Storage sheds must be compatible with the applicant’s house in color and material, or match an approved wood fence. The shed must be located where it will be visually unobtrusive and may not exceed six (6) feet in height at its highest point. Plantings to screen the shed may be required.

Storm Doors & Windows:

Storm doors and windows shall match the color of the door or window they protect or the adjacent trim. Mill finishes are prohibited. Only full view storm and screen doors are allowed. Decorative items such as imitation gate hinges and ornamental grillwork are prohibited. Only clear glass is acceptable.

Sun Control Devices:

Sun control devices will only be approved if demonstrated to be clearly compatible with the architectural design and qualities of the home.

Swimming Pools:

No owner shall construct or use any portable swimming pools or other types of swimming pools at any location on a Lot, except for those designed for infant and toddlers. Placement and use of infant and toddler pools (6’ diameter and no more than 12" tall) shall be in conformance with the standards of sport and recreation equipment. (Ref: Article VII, Section 7.22)

In accordance with Article VII, Section 7.20 of the Covenants, all owners must keep all trash containers out of public

view, within an enclosed or screened area. Trash containers shall be stored in garages or under a rear deck, if the rear yard is enclosed.

CITY of CHARLES TOWN

January26, 1999

Mr. Jeff Snyder, Mr. Jim Duszynski

Greenvest L.C.

8614 Westwwd Center Drive, Suite #900

J.RANDOLPH FULTON Vienna, VA 22182

COUNCIL.MEMIBER.S Mr. MIchael Bryan

F & M Bank, Winchester

RANDY BREEDEN

WILLLIAM JORDAN 900 Court Square

VIOLET LOWERY Winchester, VA 22601

RUSSELL C. MILLER

TIMOTHY W. Robinson Dear Sirs,

JOHN WARD

MATTHEW W. WARD

GERALDINE WILLINGHAM The Charles Town Water Department can furnish water service to the Huntfield

property. Please note the following additional information:

CITY MANAGER

JANE ARNETT 1. A modified City of Charles Town Agreement To Provide Water Service To

Developers Within The Charles Town Water Service Area will be prepared

BREI~tn.TON for your signature by Hoy G. Shingleton, Jr., Esquire.

2. The City of Charles Town and its Utility Board shall temporarily construct

CHARLESTOWN. WV 25414 a well system to provide water service in the short term.

.fO.I.Z5.JJIJ

F.4.XJ04.2S.JOJ.1

— 3. At such time deemed economically feasible by the City, it shall then

"The Renaissance construct the extension of public water service from the existing Water

Starts Now"

Treatment Plant on Route 9 to the Huntfleld property.

Please note that State Health Department approvals will be required and that all users will be charged in accordance with the general water tariff of the City of Charles Town. If you have any questions, please contact me at 304-725-2311.

Sincerely,

Jane Arnett

pc: Hoy G. Shingleton, Jr., Esquire

Larry Johnson, Chester Engineers

Mike Shepp, Appalachian Surveys

Utility Board Members

JEFFERSON COUNTY PUBLIC SERVICE DISTRICT

210 West 3rd Avenue Ranson, West Virginia 25438

(304) 725-4962

1/27/00

Jefferson County Planning Commission

Mr. Paul Raco, Director

104 East Washington Street

Charles Town, WV 25414

Dear Paul,

This letter will serve to confirm that the Jefferson County Public

Service District will provide sewage collection service for the property owned by F&M Bank of Virginia location described as Hunt Field

If any further information is needed, please contact this office.

Sincerely,

Calvin P. Fleming, Jr.

General Manager

CC: Michael Bryan, Esquire

Jim Duszyriski

Michael Shepp

Division OF NATURAL RESOURCES

Wildlife Resources Section

Operations Center

P.O. Box 67

Elkins, West Virginia 26241-3235

Telephone (304) 637.0245

Fax (304) 637-0250

Cecil H. Underwood February 3. 2000 John B. Rader

Governor Director

Mr. R. Michaei Shepp. PS

Appalachian Surveys of West Virginia. LLC

120 N. George Street

P.O. Box 35

Charles Town, WV 25414

Dear Mr. Shepp:

I am responding to your request for information on rare, threatened, and endangered (RTE) species and wetlands for the area of your site location map in Jefferson County. WV.

We have no records of any RTE species within your project area. However, the National Wetland Inventory (NWD map indicates there are wetlands within your outlined project area. I have enclosed a copy of the NW! map to assist you with your planning process. Wetlands are sensitive areas that provide habitat for a wide variety of plants and animals. filter pollutants, and recharge the water table. Best Management Practices should be used to avoid impacting these sensitive areas through erosion or sedimentation.

This response is based on information currently available and should not be considered a comprehensive survey of the area under review.

Enclosed please find an invoice.

Thank you for your inquiry and should you have any questions. please feel free to call upon us.

Sincerely

Kevin Boyle

Environmental Resources Specialist

Nongame Wildlife & Natural Heritage Program

Wildlife Resources Section

enclosure

shall include the following:

A. Site plan showing the size of the deck, relationship of the deck to the house, lot and adjacent properties;

B. A description of the materials to be used, including drawings or photographs, as necessary to complement the description;

C. Dimensions of railings, posts, steps, benches and other details as required to clearly describe the proposal;

0. A description of the color of the deck. The deck shall be natural color, unstained and unpainted. The ARC will consider deck

railings painted to match the trim color of the home.

E. A description of the stairs (if any). Note, only spiral’ stair cases are approved to provide access from the deck to the ground level;

F. A copy of the approved County Building Permit;

G. Estimated start and completion date.

Decks may be repaired or replaced with an exact replica or design of the original, builder installed deck. No deck shall be added onto or expanded.

Decks shall be left to weather naturally. However, applications of clear preservative is allowed. An Exterior Alteration Application must be submitted for consideration of applying anything other than a clear preservative to a deck, including painting the railings to match the trim color of the home.

No decks or balconies shall encroach into open space above an emergency vehicle easement.

Patios

Patios shall be located to allow for ground plane landscaping and shall be of materials that complement the home and neighborhood building material. Applications for a patio shall include:

1. Site plan showing the size of the patio, relationship ot the patio to the house, lot and adjacent properties;

2. A description of the materials to be used, including drawings or photographs, as necessary to complement the description:

3. Estimated start and completion date.

When patio or deck schemes include other exterior changes, such as fencing, lighting, plantings, sheds, etc., other appropriate sections of these Design & Maintenance Standards shall be considered during the completion of the application.

Dog Houses, Runs and Entry Doors:

Dog houses must be compatible with the applicant’s house in color and material, or match an approved wood fence. They must be located where they will be visually unobtrusive and may not exceed four (4) feet in height. Plantings to screen the house may be required.

Dog runs and pens are not allowed

Pet-entry doors are permitted only into the fenced area where the animal is restricted. The entry door must be painted to match the siding, or anodized aluminum is acceptable.

Doors - Exterior:

Doors with exposure to the exterior must only be replaced with the exact style and color as the original door.

Driveways:

There shall be no modification of the original driveway in either material or design. Driveways shall only be repaired or replaced using exact materials and the original design configuration.

11

Phase I Environmental Hunt Field Property

Site Assessment March 20, 2000

1.0 Executive Summary

The subject property, identified as the "Hunt Field Property," is located on the northeast corner of the intersection of State Route 340 (Old Route 340) and State Route 340 Bypass approximately one mile southwest of the Charles Town city limits in the east portion of Jefferson County, West Virginia. The subject property consists of approximately 1.000 acres and is primarily agricultural land with several wooded areas located in the northwest portion of the property, along the west property boundary, and throughout the agricultural fields. The Norfolk and Western Railroad, a single set of railroad tracks, traverses the site from the northeast to the southwest dividing the site into two parcels. The property is proposed for the development of single family homes, townhouses, multifamily housing, a commercial area, and a school.

A total of 55 structures in various stages of collapse were observed throughout the property.

Two of the residences in the northeast portion of the property are currently occupied and several of the sheds and outbuilding in the northeast and central portion of the site are being used in conjunction with agricultural activities on the site.

Numerous piles of trash and debris were observed in the vicinity of site structures and in portions of the agricultural fields. Small containers of paints, lubricants, joint compound, and cleaners were observed in the piles of debris. The largest concentrations of these containers were observed adjacent to a shed in the west portion of the property, and the northeast-central portion of the site. Surface staining was observed in the vicinity of some of these containers.

Laboratory analysis of soil samples collected from three of the stained areas indicated a maximum total petroleum hydrocarbons (TPH) concentration of 15,000 mg/kg.

A total of 15 aboveground storage tanks (ASTs) and evidence of at least one underground storage tank (UST) were observed on the property. No indication of what the UST was used for was evident in the site area; however, ECC believes this UST probably contained diesel fuel for farm equipment used on the property. One of the ASTs is currently being used to store heating oil at one of the occupied residences.

Two potable wells (PW-A and PW-B) have been drilled on the property. ECC collected water samples from these wells to determine the quality of the groundwater within these wells. Results of the laboratory analyses indicated that none of the 19 pesticides, 10 herbicides, and 56 volatile organic compounds (VOCs) were detected at or above their respective detection limits.

Two electrical transformers were observed on the ground on the property. ECC collected a soil sample from beneath each transformer for laboratory analysis of polychlorinated biphenyls (PCB’s). Results of the laboratory analysis indicated that PCB’s were not detected

at or above the method detection limit.

Phase I Environmental Hunt Field Property

site Assessment March 20. 2000

A review of Federal and State environmental databases indicated that no database sites are located within the searched radiuses. A pesticides and herbicides investigation was performed on the site by the West Virginia Division of Environmental Protection (WVDEP) in 1991 and 1995. Several drums and containers of unknown materials were discovered on the property and characterized by the WVDEP and the West Virginia Department of Agriculture (WVDA). The results of the characterization were used to properly disposed of’ the drums and materials in May 1996. ECC collected a total of seven soil samples from the site for laboratory analysis of pesticides and herbicides. Results of these soil samples indicated that none of the pesticides and herbicides analyzed for were detected at or above their respective method detection limits.

Based on the information gathered and reviewed from Federal, State. and local regulatory agencies our site reconnaissance, and the soil and water samples collected. it is our

professional opinion that the subject property has been slightly impacted by surface releases

of petroleum-based products improperly disposed of on the site. Additionally, the site may have been impacted by other on-site sources of contamination (e.g., USTs). However, the site does not appear to be significantly contaminated by hazardous materials or present a threat to human health.

2 ECC

Phase I Environmental Hunt Field Property

Site Assessment March 20, 2000

2.0 Authorization and Scope of Investigation

Environmental Consultants and Contractors (ECC), Incorporated, was authorized by Mr. Jim

Duszynski of Greenvest, L.C., to perform a Phase I and Phase II Environmental Site

Assessment for the "Hunt Field Property". The subject property is located approximately one

mile southwest of the Charles Town City Limits along State Route 340 in the east portion of

Jefferson County, West Virginia.

This report was prepared for, and may be relied upon by, Greenvest. L.C., its employees and affiliates, and its counsel and consultants. No other person or organization is entitled to rely on this report without the written authorization of ECC.

This assessment has been conducted in general accordance with ASTM E 1527-97, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." The purpose of this Phase I and Phase II Environmental Site Assessment was to identify suspected areas of contamination on the site or in the immediate area in accordance with our interpretation of the scope and intent of the "due diligence" clause of Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, a.k.a. Superfund) and the Superfund Amendments and Reauthorization Act of 1986 (SARA). Specifically, the scope of services for this Phase I and Phase II Environmental Site Assessment consisted of the following:

o Research and review of available information regarding the environmental history of the site through the U.S. Environmental Protection Agency (EPA) National Priorities List (NPL); the EPA Comprehensive Environmental Response. Compensation, and Liability Information System (CERCLIS) database; the EPA Resource Conservation and Recovery Act Information Services (RCRIS) database; and the EPA Emergency Response Notification System (ERNS) database.

o Research and review of available information regarding the environmental history of the site through the West Virginia Division of Natural Resources (WVNR) Environmental Protection Section Spills database listing, Leaking Underground Storage Tank (LUST) database listing and Underground Storage Tank (UST) database listing; and the WVNR, Waste Division and Solid Waste Landfill Facilities (SWLF) listing.

o Review of historical maps, directories, and aerial photographs; available information provided by local and other regulatory agencies; available Chain of Title documents dating back to at least 1940; and information from personal interviews.

o Review of previous environmental reports performed by others and information

provided by the site personnel.

3 ECC

Phase I Environmental Hunt Field Property

Site Assessment March 20, 2000

4.0 Site Background / Operating History

4.1 Current and Prior Ownership and Property Use

Recorded Chain of Title information for the subject property, dating back to at least 1940. to aid in the historical evaluation of the site, was not available for ECC’s review. Consequently. no conclusions could be made regarding the possible use, storage, disposal, treatment, or handling of hazardous materials by former owners or tenants of the subject site.

4.2 Review of Aerial Photographs

ECC personnel contacted the Jefferson County Planning Commission to review available aerial photographs of the subject property and surrounding areas. Historical aerial photographs taken in 1975, 1984, and 1999 were available for review. Additionally, an aerial photograph from 1967 was reviewed in the Soil Survey of Jefferson County, West Virginia.’

The 1967 photograph showed a majority of the site as orchards. Several of the residences and outbuildings were visible throughout the property. A pull-off rest area for State Route 340, consisting of several picnic tables and trash cans, was shown along the southeast property boundary. The surrounding area was depicted primarily as agricultural land, orchards and crop fields, with scattered residences and outbuildings. The existing cold storage facility was shown adjacent northeast of the site; however, only one warehouse building was visible. The Norfolk and Western Railroad was shown traversing the property from the northeast to the southwest.

The 1975 aerial photograph showed the section of the property located southeast of the railroad tracks as crop fields; the northwest portion of the property remained orchards. Portions of the west section of the property appeared more overgrown with trees. The existing residential community located adjacent northwest of the site was shown on this photograph.

The 1984 aerial photograph showed the north portion of the property increasingly overgrown with natural vegetation; portions of the orchards had been replaced with crop fields. The existing four large circular grain storage structures were shown in the central portion of the property. Several of the other site structures appeared partially collapsed on this photograph.

An additional structure was visible at the cold storage facility. The existing school and

1 William Hatfield and John Warner, Soil Survey of Jefferson County, West Virginia; United States Department of Agriculture Soil Conservation Service (February 1973).

7 ECC

Phase I Environmental Hunt Field Property

Site Assessment March 20, 2000

8.0 Conclusions and Recommendations

Based on the information gathered and reviewed from Federal, State. and local regulatory agencies, our site reconnaissance, and the soil and water samples collected and analyzed, it is our professional opinion that the subject property has been slightly impacted by surface releases of petroleum-based products improperly disposed of on the site. Additionally, the site may have been impacted by other on-site sources of petroleum (e.g., USTs). However, the site does not appear to be significantly contaminated by hazardous materials or present a threat to human health. Construction activities performed during the proposed development of the site may reveal additional impacted areas on the property.

Two potable wells (PW-A and PW-B) have been drilled on the property. ECC collected water samples from each of these wells to determine the quality of the groundwater in these wells. Results of the laboratory analyses indicated that none of the 19 pesticides, 10 herbicides, and 56 VOCs were detected at or above their respective detection limits.

Several drums and containers of pesticides and herbicides were removed from the property in 1996. ECC collected a total of seven soil samples from the site for laboratory analysis of pesticides and herbicides. Results of these soil samples indicated that none of the pesticides and herbicides tested for were detected at or above their respective method detection limits.

Two transformers were observed on the ground in Area D and Area G. ECC collected a soil sample from beneath each transformers for laboratory analysis of PCB’s. Results of the laboratory analysis indicated that PCB’s were not detected at or above the method detection limit.

Soil samples were collected from areas of surface staining observed on the site. Low to moderate TPH-TR concentrations of 94 mg/kg and 15,000 mg/kg were detected in Area C and Area F. The extent of the contamination appears to be limited in area, extent and depth. However, ECC recommends monitoring of soil graded and/or excavated in these areas. Any contaminated soil encountered during grading and/or excavating activities should be disposed of properly.

ECC observed evidence of one UST adjacent to the maintenance garage in Area B. Evidence of a UST was also reportedly observed adjacent to the partially collapsed residence located in Area B by Dewberry & Davis during the performance of a previous Phase I Environmental Assessment. Additional USTs maybe located on the site in the vicinity of structures on the site. ECC recommends the performance of test pits during the demolition of the site structures to confirm the presence or absence of USTs. If USTs are encountered, ECC

ECC

Phase I Environmental Hunt Field Property

Site Assessment March 20, 2000

recommends the collection of soil samples from beneath the USTs to determine the quality of the soil in the vicinity.

ECC observed numerous ASTs throughout the site. A majority of these ASTs were empty and ECC recommends that these be removed and disposed of properly. A heating oil AST is still in use at one of the occupied residences in Area A. ECC recommends that any product remaining in this AST be vacuumed out prior to removal and disposal of the tank.

Several cisterns and wells were observed throughout the site. Three cisterns were observed in the crop fields: cisterns and/or wells were also observed in the vicinity of several of the residences on the property. A pump house and what appears to be a large cistern is located in the southwest corner of the property. ECC recommends that the cisterns and wells located on the property be properly abandoned.

Numerous piles of trash and debris were observed throughout the property. ECC recommends that these piles be properly removed and disposed of properly. Any containers or drums of unlabeled liquids should be characterized so that they can be disposed of properly.

Suspect asbestos-containing materials (ACMs) observed during ECC’s site visits were limited. These materials included linoleum, plaster, drywall system, transite siding, and roofing materials. ECC recommends the performance of an asbestos inspection of each of the site structures prior to demolition.

A 15-gallon container of lubricant grease was observed adjacent to the railroad tracks and is associated with the grease dispensing system for lubricating the wheels on passing trains. ECC recommends contacting the Norfolk and Western Railroad and requesting that this lubricating station be moved from the subject property.

If previously undetected drums, underground storage tanks, other containers, or discolored or otherwise contaminated soils are encountered during excavation or construction development, operations should be halted until a determination is made concerning the origin and nature of the contamination.

The opinions and recommendations provided are based upon the type and extent of ECC’s preliminary assessment.

29 ECC

Phase I Environmental Hunt Field Property

Site Assessment March 20, 2000

9.0 Limitations

Our professional opinions and judgments have been made based upon the information

gathered, our experience in the area with similar projects, and in accordance with generally accepted professional environmental practice under similar circumstances. Conditions observed and described at the subject property are representative of conditions at the specified location and on the specific date on which they were observed. The passage of time may result in changing conditions at the site location. Should additional information become available which would affect the status of this report, we reserve the right to amend our opinions and professional judgments.

As with all Phase I Environmental Site Assessments, the level of information obtained is a function of both time and budgetary constraints. Additional information regarding subsurface conditions at the study site could be obtained. Should you desire these services, ECC would be pleased to prepare an appropriate proposal outlining the cost and time frame associated with any additional services.

Should you or designated users of this report have any questions or comments regarding the information contained herein, please feel free to contact this office at (703) 327-2900.

30 ECC