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~P..NNEDY CO'VINGTON LOBDELL & <br /> ATTORNEYS AT LAW <br /> <br />David A. Franchina <br />704/331-7543 <br />dfranchina~kclh.com <br /> <br /> Bank of America Corporate Center <br /> Suite 4200 <br /> 100 North Tryon Street <br />Chaxlotte, North Carolina 28202-4006 <br />Telephone 704/33 I.-7400 <br /> Facsimile 704/331-7598 <br /> <br />HIC~AN, L.L.P. <br /> <br />Other Offices: <br />Raleigh, North Carolina <br />Rock Hill, South Carolina <br /> <br />February16,1999 <br /> <br />VIA FACSIMILE <br /> <br />Mr. Jonathan Marshall <br />Director of Planning <br />Cabarms County <br />P. O. Box 707 <br />Concord, NC 28026-0707 <br /> <br />RE: Concord Mills Mall/Wetlands Mitigation/Conservation Easement <br /> <br />Dear Jonathan: <br /> <br /> Thank you for taking the time to discuss the referenced matter with me yesterday. As <br />promised during our conversation, I enclose a draft conservation easement proposed for <br />execution and recordation in connection with the wetlands mitigation activities conducted by the <br />Mills Corporation during the construction of the Concord Mills Mall. <br /> <br /> Please review the enclosed draft easement, and let us know whether the County <br />Commissioners will view it as acceptable. As I mentioned on the telephone, we are under a time <br />crunch with respect to this matter, as the U.S. Army Corps of Engineers has required the Mills <br />Corporation to have the conservation easement recorded by early March, so we will need to work <br />toward prompt action on the easement. <br /> <br /> During our conversation yesterday, I believe I forgot to pass along to you that the City of <br />Concord has reviewed the draft conservation easement and believes it is acceptable. In addition, <br />the U.S. Army Corps of Engineers has reviewed a draft of the substantive portions of the <br />easement, and it views those portions as acceptable as well. <br /> <br /> I look forward to hearing from you regarding the enclosed draft. As I mentioned during <br />our telephone conversation, I am available to meet with you, the County's attorney, or the <br />County Commissioners to discuss the easement and how it operates at any time. <br /> <br />1669275.01 <br /> <br /> <br />