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HomeMy WebLinkAboutSW8030404_Historical File_20030710' OF NATFA• Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co r Alan W. Klimek, P.E.,Director O -- - •C Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 10, 2003 Mr. Benjamin J. Quattlebaum, II Wilmington Housing Authority P.O. Box 899 Wilmington, NC 28402 Subject: Permit No. SW8 030404 Sunset South High Density Subdivision Stormwater Project New Hanover County Dear Mr. Quattlebaum: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Sunset South on July 8, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater. Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 030404, dated July 10, 2003, for the construction of the project, Sunset South. This permit shall be effective from the date of issuance until July 10, 2013, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Laurie Munn, or me at (910) 395-3900. Sincerely, V:)—"1—c-' V— Rick Shiver Water Quality Regional Supervisor RSS/:Ism S:\WQS\STORMWAAPERMnO3O4O4.julyo3 cc: Phil Norris, P.E. New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering Laurie Munn Wilmington Regional Office Central Files N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 80, 623-7748 ' State Stormwater Management Sytterr}s ' Permit No. SW8 030404 " STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Wilmington Housing Authority Sunset South New Hanover County FOR THE construction, operation and maintenance of 4 infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 10, 2013 and shall be subject to the following specified conditions and limitations:. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 130 lots, each allowed 2,500 square feet of built -upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded 'showing all such required easements, in accordance with the approved plans. r7 State Stormwater Management Systems Permit No. SW8 030404 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Sunset South Permit Number: SW8 030404 Location: New Hanover County Applicant: Benjamin J. Quattlebaum, II Mailing Address: Wilmington Housing Authority P.O. Box 899 Wilmington, NC 28402 Application Date: July 8, 2003 Receiving Stream/River Basin: Cape Fear River / Cape Fear Stream Index Number: CPF1718-(71) Classification of Water Body: "SC" Design Storm 2" Basin Number 1 2 3 4 Drainage Area, acres: 3.72 7.02 5.2 12.3 Total Impervious Surfaces, sq. ft.: 78,829 136,500 110,461 219,249 Pond Depth, feet: 5 5 5 5.5 TSS removal efficiency: 90% 90% 90% 90% Bottom Elevation, FMSL: 21.0 24.0 24.5 25.5 Bottom Surface Area, sq. ft.: 1,613 3,662 6,644 7,787 Permitted Storage Volume, cubic ft.: 19,667 65,701 55,451 73,608 Temporary Storage Elevation, FMSL: 25.78 27.12 27.36 30.25 Type of Soil: Sand Sand Sand Sand Expected Infiltration Rate, in/hr: 29.4 29.6 24.1 35.5 Seasonal High Water Table Elev, FMSL: 18.5 21.0 22.0 23.0 Expected time to draw down, days: 0.38 0.26 0.16 0.22 3 State Stormwater Management Systems Permit No. SW8 030404 } II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals,given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to; the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 4 State Stormwater Management Systems Permit No. SW8 030404 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but notlimited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g- Access to all components of the system must be available at all times. 13. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 14. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. The following covenants are intended to ensure.. ongoing compliance with State Stormwater Management Permit Number SW8 030404, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality- e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 2,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. State Stormwater Management Systems Permit No. SW8 030404 15. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, including as may be required, but not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. . 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 0 State Stormwater Management Systems Permit No. SW8 030404 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the I Oh day of July, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director ' Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 030404 VA State Stormwater Management,Systems Permit No. SW8 030404 Sunset South Page 1 of 2 Stormwater Permit No. SW8 030404 New Hanover County Designer's Certification L , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL 8 State Stormwater Management Systems Permit No. SW8 030404 Certification Requirements: Page 2 of 2 1. • The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. .10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The dimensions of the system, as shown on the approved plan, are provided. cc: NCUENR-D WQ Regional Office New Hanover County Building Inspections A&K #02282 npmr•T7 TTCR nNT V Date Received Fee Paid Permit N mher ` 1 n 4 V State of North Carolina. Department of Environment and Natural Resources Division of "Aster Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Wilmington Housing Authority 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Benjamin J. Quattlebaum, II, Executive Director 3. Mailing Address for person listed in item 2 above: P.O. Box 899 City: Wilmington State: NC Zip: 28402 Telephone Number: (910) 341-7700 4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Sunset South 5. Location of Project (street address): Located between Southern Blvd. and Maryland Avenue City: Wilmington County: New Hanover 6. Directions to project (from nearest major intersection): From intersection of US 421 and US 17, take US 17 towards Carolina Beach. Tum right onto Southem Blvd. to Jefferson Street. Project is on the left. 7. Latitude: 340 11' 52" Longitude: 77156' 33" of project 8. Contact person who can answer questions about the project: Name: Phil Norris, P.E. Telephone Number: (910) 343-9653 IL PERMIT INFORMATION Specify whether project is (check one): X New Renewal Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the Existing permit number N/A And its issue date (if kn)wn) N/A 3. Specify the type of project (check one): Low Density X High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1 In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Infiltration Basins 2. Stormwater runoff from this project drains to the Cape Fear River Basin. 3. Total Project Area: 28.29 S. How many drainage areas does the project have? 4 4. Project Built Upon Area: 44.19 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name UT Cape Fear River UT Cape Fear River Receiving Stream Class C C Area 162,049 SF / 3.72 305,775 SF / 7.02 AC Existing Impervious * Area. 983 SF / .02 AC 0 Proposed Impervious* Area 77,846 SF / 1.78 AC 136,500 SF / 3.13 AC %Impervious* Area (total) 48.65% 44.64% Im ious* Surface Area Drainage Area I Dminalp Area 2 On -site Buildings 50,983 SF / 1.17 AC 95,000 SF / 2.18 AC On -site Streets 19,482 SF / 0.45 AC 31,219 SF / 0.72 AC On -site Parking 0 0 On -site Sidewalks 8,364 SF / 0.19 AC 10,281 SF 1.24 AC Other on -site 0 0 Off -site 0 0 Total: 78,829 SF / 1.81 AC Total: 136,500 SF / 3.13 AC * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the Existing permit number And its issue date (if known) 3. Specify the type of project (check one): Low Density High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1 In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater managemtsit for the project. 2. Stormwater runoff from this project drains to the 3. Total Project Area: River Basin. 4. Project Built Upon Area: % 5. How many drainage area does the project have? 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 3 Area 4 Receiving Stream Name UT Cape Fear River UT Cape Fear River Receiving Stream Class C C Drainage Area _ _ _ 227,903_S_F_/ 5.23 AC _ _ _ _ 536,751 SF / 12.32 AC Existing Impervious * Area 0 1,041 SF / 0.02 AC Proposed Impervious* Area 110,461 SF / 2.53 AC 218 208 SF / 5.01 AC % Impervious* Area (total) 48.49% 40.82% Impervious* Surface Area Dminage Area. 3 Drainage Area 4 On -site Buildings 57,500 SF / 1.32 AC 130,000 SF / 2.98 AC On -site Streets 39,675 SF / 0.91 AC 68,794 SF / 1.58 AC On -site Parking 0 0 On -site Sidewalks 13,286 SF / 0.31 AC 19,415 SF / 0.45 AC Other on -site 0. 0 Off -site 0 1,041 SF / 0.02 AC Total: 110,461 SF / 2.53 AC Total: 219,249 SF / 5.03 AC Impervious area is de, fined as the built upon area including, but not limited to, buildings, roads, parting areas sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 J. Now was the off -site impervious area listed above derived? Survey IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary_ significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than 2,500 square feet of any lot shall be covered by shuctwres or impervious materials. Impervious materials include asphalt, gravel, concrete, brick stone, slate or similar material but do not include wood decking or the water surface of swimming pools. Swales shall not be filled Jr; piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted ruw from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Form SWU-103 Form SW-104 Form SWU-105 Form SW-106 Form SWU-107 Form SWU-108 Form SWU-109 Wet Detention Basin Supplement Infiltration Basin Supplement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Underground Infiltration Trench Supplement Neuse River Basin Supplement Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 �q. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required infonmation by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable supplement form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment / management Two copies of plans and specifications, including: - Development /Project name - Engineer and firm - Legend North arrow - Scale - Revision number & date - Mean high water line Dimensioned property / project boundary Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffees (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. J. Phillip Norris, P.E. Designated agent (individual or firm): Andrew & Kuske Consulting Engineers, Inc. Mailing Address: 902 Market Street City: Wilmington State: NC Phone: (910) 343-9653 VIH. APPLICANT'S CERTIFICATION Fax: (910) 343-9604 Zip: 28401 I, (print or type name of person listed in General Information, item 2) Benjamin J. Quattlebaum, II , Certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H.1000. Signature: Form SWU-101 Version 3.99 Page 4 of 4 Date: 3 SDate Design Check I 902 Market St. Job �i Andrew and Kuske CONSULTING ENGINEERS, INC. For i ► Sri , � r 36v Sheet Jilmington, N.C. 28401 Of Job No. GAOL Gv LA TI o N...) S �Js61' 5007-t� 3 Pea 'd prd 4, ZW3 Dat Design Andrew and Kuske rSheetJy l902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401O Check Job r Job No, G' ,-G S ©ZZ{3Z r. �ii �i.✓cr j�� S F . v z oc ICV4 cvrs : 'to >Zjr,PD�+�_ �jv,oDDSF $r0r .04 gv-b = Ig8 e Z'j 5� lj 9 5el F-T 3 -5777►-r�la A141 P✓17-14 ti o ,✓l y « 6 6,lo 7 Pr s'-P r,-L C�-ry 5 � 'Z , � i•�c � � ST �v.a 2Cv0 4-0 / <vA`i� /.e�5 = 4e 70 Z S � Sunset South 02282 Type 11124-hr Rainfalr7.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 5 HydroCADO 6.10 s/n 000479 01986-2002 Applied Microcomputer Systems 413/03 Pond 1 P: Infiltration Basin 1 Inflow Area = 3.720 ac, Inflow Depth = 2.82" Inflow = 9.56 cfs @ 12.43 hrs, Volume= 0.874 of Outflow = 3.79 cfs @ 12.96 hrs, Volume-- 0.789 af, Atten= 60%, Lag= 31.9 min Primary = 3.79 cfs @ 12.96 hrs, Volume= 0.789 of Routing by Stor-Ind method, Time Span= 11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 25.09' Surf.Area= 5,575 sf Storage=14,101 cf Plug -Flow detention time= 42.6 min calculated for 0.787 of (90% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubio-feet) 21.00 1,613 0 0 22.00 2,392 2,003 2,003 23.00 3,308 2,850 4,853 24.00 4,339 3,824 8,676 25.00 5,470 4,905 13,581 26.00 6,702 6,086 19,667 nmary OutFlow Max=3.79 cfs @ 12.96 hrs HW=25.09' (Free Discharge) =12MItratilon (Controls 3.79 cfs) # Routing Invert Ouilet Devices 1 Primary 0.00' 0.040800 fpm Exfiiltradon over entire Surface area Date Design Andrew and Kuske >., 902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401 Check Job For Job No. ozz6z /vr �Itia r� �t " , Z. _ / �30�5 j 17S Z I-G krzr4q % f 5"rr.�6; p V* - � /01 ?a I a F r z L/,Oe-- 7T FVITVV?-C— 60491 Go7 S 3 o e--4Tg; )e 2�5oo �F�r o T = q5i ©op 6F► I & A-G 7- srbrA6 r-Y/zhr '�*mdweeI5 1-56e / 6�tv 31z-- & V75) /V /dL( FT 3 A&Vl /c e9-14e-e le?�c 2,5 r2 pmw 68 !e ,A//TV Na P110e-A*-A4� _ 4Sj %4 / r-T' 3 6-0 c4v *7vn-g� V.- 0 IAJCA:�� go • ` * • � V � a. V !ia/ /!✓IF//"i��.w �� � �� G4� 25� i?i'. 00 w v a47-- r.G /d-f i� 23� �,LZrl 5 F _ 1 j7�L J r�©ins Fd 2.� -rZ r--h/C*VT"- = ' 3 Z_ C.F IN4 Sunset South 02282 Type /1124-hr Rainfa1N7.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 7 Systems HydraCADO 6.10 s/n 000479 01986-2002 Applied Microcomputer4/3/03 Pond 2P: Infiltration Basin 2 Inflow Area = 7.020 ac, Inflow Depth = 2.76' Inflow = 21.53 cis @ 12.27 hrs, Volume= 1.617 of Outflow = 9.28 cfs @ 12.66 hrs, Volume= 1.614 af, Men= 57%, Lag= 23.5 min Primary = 9.28 cfs @ 12.66 hrs, Volume= 1.614 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 26.63' Surf.Area= 13,553 sf Storage= 22,139 cf Plug-Flovj detention time= 25.2 min calculated for 1.614 of (100% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubie-feet) 24.00 3,662 0 0 24.50 5,126 2,197 2,197 25.00 7,060 3,047 5,244 25.50 9,018 4,020 9,263 26.00 11,003 5,005 14,268 26.50 13,012 6,004 20,272 27.00 15,046 7,015 27,287 27.50 17,106 8,038 35,325 28.00 19,191 9,074 44,399 28.50 21,294 10,121 54,520 29.00 23,429 11,181 65,701 Primary OutFlow Mar--9.28 cfs @ 12.66 hrs HW=26.63' (Free Discharge) t-1=ExfiltrzUon (Controls 9.28 cis) # Routing Invert Outlet Devices 1 Primary 0.09 0.041100 fpm ExfiltraHon over entire Surface area Date Design Andrew and Kuske Sheet 902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401 i pt Check Job For Job No. DZZ�� "7Vt- 4064-7 -� ?A7,qj 50=7 / 6-- 4 3 #C- /rn /rit�v� rv�w leo Zelo .4F . 3/ 4C % PO4-'- 7- 09� 0 75 6F , 9/ /qC 1AV6,7- .MOC- I-vi 7-74 f+/o Oe 5 C&WOee ( CO-*J -.:� 7-PrAe V /A G 1AW9 _ & - re = � - �� j �� //,, ��. z m rb> 29 ► ,.,, -„�L� say. = l'G, 9 -7 5 F 2 1 /fie [ocjc. sF = 13� 3 3 CF-- Sunset South 02282 Type 1N 24-hr RainfaN=7.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 9 HvdroCAI6 6.10 sln 000479 C 1986-2002 Ann ied Microm mnuter Svstems AM101 Pond 313: Infiltration Basin 3 Inflow Area = 5.230 ac, Inflow Depth = 2.99" Inflow = 18.98 cfs @ 12.22 hrs, Volume= 1.305 of Outflow = 5.91 cfs @ 12.66 hrs, Volume= 1.301 af, Atten= 69%, Lag= 26.7 min Primary = 5.91 cfs @ 12.66 hrs, Volume= 1.301 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 26.79' Surf.Area=10,581 sf Storage=19,626 cf Plug -Flow detention time= 31.0 min calculated for 1.298 of (100% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 24.50 6,644 0 0 25.00 7,453 3,524 3,524 25.50 8,292 3,936 7,461 26.00 9,159 4,363 11,823 26.50 10,054 4,803 16,627 27.00 10,978 5,258 21,885 27.50 11,927 5,726 27,611 28.00 12,901 6,207 33,818 28.50 13,901 6,701 40,518 29.00 14,927 7,207 47,725 29.50 15,976 7,726 55,451 nmary Outflow Max--5.91 cfs @ 12.66 hrs HW=26.79' (Free Discharge) F-A=ExfiWaUon (Controls 5.91 cfs) # Routin_g Invert Outlet Devices 1 Primary 0.00' 0.033500 fpm Exfiltration over entire Surface area Date Design Andrew and Kuske She t 902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401 Of Check Job or Job No, I dzZ� vl?� 1 "', �/ &aV79- := � `2�5 ! '5F 117,,,3 Z- 5 r7'rovCe 00CIG 1/ 7F7,,a rl® v~ c-i►a t— 47e f 7 �� 7-0r*l - e*91'Z4'l -5r- r-VTvrp6 �� c.� �2 r o r 5 � 25oo -6FIST / t3o� r 57va-c- /z _ 1� & rT 3 O 3 g 04-Al 6774-&- / r Svc � 57V4f%4,f,-' 00-.77W= S6,45 4,.� / -6 O)e- F-*&6 1� 7 0 -7 -5, P -lma-e� v5Y4 = so-Z5 '-j/ N1�4-yc, 57M*alt!�- = j, , DO W 1 54 Q-r4v ham- 25 r4Z 5; / = 1 5'9, 4l 15 CO= s 'L�` 0 3 u &Flt4e- ' 2 # 54� ae �Cp 1 ! air Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. Pond 4P: Infiltration Basin 4 Type 11124-hr Rainfall=7.00" Page 11 Inflow Area = 12.320 ac, Inflow Depth = 2,84" Inflow = 37.76 cis @ 12.28 hrs, Volume-- 2.914 of Outflow = 12.94 cfs @ 12.76 hrs, Volume= 2.845 af, Atten= 66%, Lag= 28.8 min Primary = 12.94 cfs @ 12.76 hrs, Volume= 2.845 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 29.38' Surf.Area=15,753 sf Storage= 45,121 cf Plug -Flow detention time= 36.2 min calculated for 2.838 of (97% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (dubic-feet) 25.50 7,787 0 0 26.00 8,694 4,120 4,120 26.50 9,641 4,584 8,704 27.00 10,629 5,068 13,772 27.50 11,650 5,570 19,341 28.00 32,700 6,088 26,429 28.50 13,780 6,620 32,049 29.00 14,887 7,167 39,216 29.50 16,020 7,727 46,942 30.00 17,177 8,299 55,242 30.50 18,360 8,884 64,126 31.00 19,569 9,482 73,608 Primary OutFlow Max=12.94 cfs @ 12.76 hrs HW=29.38' (Free Discharge) 'L 1=Filtration (Controls 12.94 cfs) # Routing Invert Outlet Devices 1 Primary 0.00' 0.049300 fpm Exiltration over entire Surface area Sunset Sough 02282 Type N124-hr Rainfall= 7. 00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 1 HvdroCAD® 6.10 sln 000479 ®1986-2002 ADolied Micxnmmouter Svstems dInm-q Subcatchment IS: Drainage Area I Runoff - 9.56 cfs @ 12.43 hrs, Volume= 0.874 af, Depth= 2.82" Runoff by SCS TR-20 method, UH=SCS, Time Span--11.00-15.00 hrs, dt-- 0.01 hrs Type III 24-hr Rainfall=7.00" Area (ac) CN Description 3.060 68 <50% Grass cover, Poor, HSG A 0.660 98 Paved parking & roofs 3.720 73 Weighted Average Tc Length Slope Velocity Capacity Description 26.3 300 0.0100 0.2 Sheet Flow, Grassed Area Grass: Short n= 0.150 P2= 4.5U' 4.6 640 0.0015 2.3 4.07 Circular Channel (pipe), Pipe flow ___ Diam=18.0" Area=1.8 sf Perim= 47 r- 0.38' n= 0.013 30.9 940 Total Subcatchment IS: Drainage Area i Hydrograph Time (hours) 113 Runoff Sunset South 02282 Type 11124-hr Rainfall=7.00N Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 2 HydroCADI) 6.10 s/n 000479 01986-2002 Applied Microcomputer Systems 4/3/03 Subcatchment 2S: Drainage Area 2 Runoff = 21.53 cfs @ 12.27 hrs, Volume= 1.617 af, Depth= 2.76" Runoff by SGS 'ERR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfaii=7.00" Area (ac) CN Description 6.070 68 <50% Grass cover, Poor, HSG A 0.950 98 Paved parking & roofs 7.020 72 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.1 150 0.0100 0.2 Sheet Flow, grassed area Grass: Short n= 0.150 P2= 4.59' 4.3 600 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow . Diam= 18Z Area= 1.8 sf Perim= 4.T r= 0.M n= 0.013 19.4 750 Total Subcatchment 2S: Drainage Area 2 Hydrograph Time (hours) p Runoff Sunset South 02282 Type U/ 24-hr Rainfall=7.00' Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 3 HvdroCAD® 6.10 s/n 000479 01986-2002 Aanlied Microcomputer Svstems 4/3/03 Subcatchment 3S: Drainage Area 3 Runoff = 18.98 cis c@ 12.22 hrs, Volume= 1.305 af, Depth= 2.99' Runoff by SCS TR-20 method, UH=SCS, Time &pan=11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfaii=7.00" Area (ac) CN Description 4.010 68 <50% Grass cover, Poor, HSG A 1.220 98 Paved parking & roofs 5.230 75 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) . (ft/sec) (cfs) 10.9 100 0.0100 0.2 Sheet Plow, grassed any Grass: Short n= 0.150 P2= 4.50" 4.7 650 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow Dian= 18.0" Area-- 1.8 sf Perim= 4.7' r- 0.38' n= 0.013 15.6 750 Total Subcatchment 3S: Drainage Area 3 Hydrograph .. ..................... .... ................. 21 ------------ . ---...... 20 '_------------------- -- - -- -----------U 19 ............................................... 18 ----------------- _--------- -------------------. 17................................................ 1------------ ------------------------._----- 1 _..-------- ------------------ -- -- -- --- 14 - -------------- ---------------------------------- 13 ------- ------------------------------------ 12 ---- --- ----------------------------------- -- `� 71 ------ - ------ --I-- - -- - 10 - --------------------------------------.------ 11 Sunset South 02282 Type l/l 24-hr Rainfall=7.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 4 HydroCAD® 6.10 s/n 000479 019W2002 Applied Microcomputer Systems 4/3103 Subcatchment 4S: Drainage Area 4 Runoff = 37.76 cis c@ 12.28 hrs, Volume= 2.914 af, Depth= 2.84' Runoff by SCS TR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type Ill 24-hr Rainfall=7.00" Area (ac) CN Description 10.270 68 <500/o Grass cover, Poor, HSG A 2.050 98 Paved parking & roofs 12.320 73 Weighted Average . Tc Length Slope Velocity Capacity Description (min) (feet) . (ftfft) (ft/sec) (cfs) 15.1 150 0.0100 0.2 Sheet Flow, grassed area Grass: Short n= 0.150 P2= 4.50" 5.6 780 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow Diam= 18.0" Area= 1.8 sf Perim= 4.7' r= 0.36 n= 0.013 20.7 930 Total Subcatchment 4S: Drainage Area 4 Hydrograph a Runoff 11 12 13 14 15 Time (hours) Sunset South 02282 Type M 24-hr Rainfall= 7. 00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 6 HydroCAD® 6.10 s/n 000479 019W2002 Applied Microcomputer Systems 4/3/03 Pond 1P: Infiltration Basin 1 Hydrograph p inflow I El Primary Time (hours) Sunset South 02282 Type 11124-hr Rainfall=7.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 8 w,.rimr _ervm R 1 n do mU70 ® 1 am-i nq 4nnlind Mimnrmmmi rtar GvcFamc dl' /O-'A Pond 213: Infiltration Basin 2 Hydrograph © inflow p Primary 1 12 13 14 Time (hours) Time (hours) Sunset South 02282 Type N 24-hr Rainfaii=7.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 12 HVdroCAD® 6.10 Sln OOM79 0198&2002 Anolied Minmmmm*Pr Svctpms a MIM Pond 4P: Infiltration Basin 4 Hydrograph a mm p Primary Time (hours) Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. Subcatchment 1S: Drainage Area 1 Type 111 24-hr RainfalN8.00" Page 1 Runoff = 11.68 cis @ 12.43 hrs, Volume-- 1.068 af, Depth= 3.44" Runoff by SCS TR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfall=8.00" Area (ac) CN Description 3.060 68 <50% Grass cover, Poor, HSG A 0.660 98 Paved parking & roofs 3.720 73 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 26.3 300 0.0100 0.2 Sheet Flow, Grassed Area Grass: Short n= 0.150 P2= 4.50" 4.6 640 0.0015 2.3 4.07 Circular Channel (pipe), Pipe flow Nam= 18.9' Area= 1.8 sf Perim= 47 r= 0.38' n= 0.013 Sunset South 02282 Type H/ 24-hr Rainfa11=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 2 HydroCADD 6.10 s/n 000479 01986-2002 Applied Microcomputer Systems 4/3/03 Subcatchment 2S: Drainage Area 2 Runoff - 26.41 cis @ 12.27 hrs, Volume= 1.979 af, Depth= 3.W' Runoff by SCS TR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfall=8.00" Area (ac) CN Description 6.070 68 <50% Grass cover, Poor, HSG A 0.950 98 Paved parking & roofs 7.020 72 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) j Esec) (cfs) 15.1 150 0.0100 0.2 Sheet Flow, grassed area Grass: Short n= 0.150 P2= 4.50" 4.3 600 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow Diam=18.0" Area=1.8 sf Perim= 4.T r= 0.38' n= 0.013 19.4 750 Total Subcatchment 2S: Drainage Area 2 Hydrogmph -----------------------...................................................-------------- -----------•- Runoff .41.;is -------- ------------ -------------- _---------------------------------------------- ------ -------------------------------------------- ................. ....................... :.............---------- I ---- --------- --- - --------.---................. ...... .................. ....... ...--........ -- -----------.................... --------------------------------------.....--.............................................. 1 12 13 14 Time (hours) 15 Sunset South 02282 Type 11124-hr Rainfall=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 3 HydroCAD® 6.10 s/n 000479 01986-2002 Applied Microcomputer Systems 4/3103 Subcatchment 3S: Drainage Area 3 Runoff - 23.00 cfs @ 12.22 hrs, Volume-- 1.579 af, Depth= 3.62" Runoff by SCS TR-20 method, UH=SCS, Time Span= 11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfall=8.W' Area (ac) CN Description 4.010 68 <50% Grass cover, Poor, HSG A 1.220 98 Paved parking & roofs 5.230 75 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/it) (ft/sec) (cfs) 10.9 100 0.0100 0.2 Sheet Flow, grassed area Grass: Short n= 0.150 P2= 4.59' 4.7 650 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow Diam= 18.0" Area=1.8 sf Perim= 4.7' r= 0.38' n= 0.013 15.6 750 Total Subcatchment 3S: Drainage Area 3 Hydrograph 113 Runoff 11 12 13 14 15 Time (hours) Sunset South 02282 Type 111 24-hr Rainfall=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 4 HvdroCAD® 6.10 s!n 000479 01986-2002 Aodied MicrocOmouter Svstems 413/03 Subcatchment 4S: Drainage Area 4 Runoff = 46.14 ds @ 12.28 hrs, Volume= 3.553 af, Depth= 3.46" Runoff' by SCS TR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type Ill 24-hr Rainfall=8.00" Area_(ac) CAI Description 10.270 68 <50% Grass cover, Poor, HSG A 2.050 98 Paved parking & roofs 12.320 73 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft). (ft/sec) (ds) 15.1 150 0.0100 0.2 Sheet Flow, grassed area Grass: Short n= 0.150 P2= 4.W' 5.6 780 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow Diam= 18.9' Area=1.8 sf Perim= 4.7' r- 0.38' n= 0.013 20.7 930 Total Subcatchment 4S: Drainage Area 4 Hydrograph Time (hours) p Runoff Sunset South 02282 Type 11124-hr Rainfall=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 5 HvdroCAM 6.10 s!n 000479 01986-2002 Anolied Miemmmnuter Svstems dl�In� Pond 1 P: Infiltration Basin 1 Inflow Area = 3.720 ac, Inflow Depth = 3.44" Inflow = 11.68 cfs @ 12.43 hrs, Volume= 1.068 of Outflow = 4.37 cfs @ 12.98 hrs, Volume= 0.928 af, Atten= 630/6, Lag= 33.2 min Primary = 4.37 cfs @ 12.98 hrs, Volume= 0.928 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 25.79 Surf.Area= 6,432 sf Storage=18,332 cf Plug -Flow detention time= 47.4 min calculated for 0.928 of (87% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 21.00 1,613 0 0 22.00 2,392 2,003 2,003 23.00 3,308 2,850 4,853 24.00 4,339 3,824 8,676 25.00 5,470 4,905 13,581 26.00 6,702 6,086 19,667 Primary OutFlow Max--4.37 cfs @ 12.98 hrs HW=25.7& (Free Discharge) L1=Exfi1tration (Controls 4.37 cfs) # Routing Invert Outlet Devices 1 Primary 0.W 0.040800 fpm Ex M-Mion over entire Surface area Sunset South 02282 Type Ill 24-hr Rainfall=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 6 HydnoCAD® 6.10 s/n 000479 01986-2002 Applied Mia=mputer Systems 413103 Pond 1P: Infiltration Basin 1 Hydrograph ® Inflow ® Primary Time (hours) Sunset South 02282 Type /ll 24-hr Rainfall=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 7 F lydroCADO 6.10 s/n 000479 01986-2002 Applied Mb=mputer Systems 4/3103 Pond 2P: Infiltration Basin 2 Inflow Area = 7.020 ac, Inflow Depth = 3.38" Inflow = 26.41 cis @ 12.27 hrs, Volume= 1.979 of Outflow - 10.65 cfs @ 12.67 hrs, Volume-- 1.951 af, Atten= 60%, Lag= 24.5 min Primary = 10.66 cfs @ 12.67 hrs, Volume= 1.951 of Routing by Stor Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 27.12' Surf.Area= 15,541 sf Storage= 29,217 of Plug -Flow detention time= 30.3 min calculated for 1.947 ai (98% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic feet) (cubic -feet) 24.00 3,662 0 0 24.50 5,126 2,197 2,197 25.00 7,060 3,047 5,244 25.50 9,018 4,020 9,263 26.00 11,003 5,005 14,268 26.50 13,012 6,004 20,272 27.00 15,04E 7,015 27,287 27.50 17,106 8,038 35,325 28.00 19,191 9,074 44,399 28.50 21,294 10,121 54,520 29.00 23,429 11,181 65,701 Primary OutFlow Max=10.65 cis @ 12.67 hrs HW=27.1Z (Free Discharge) t 1=Efittration (Controls 10.65 cis) # Routing Invert Outlet Devices 1 Primary 0.00' 0.041100 fpm Exfltration over entire Surface area Sunset South 02282 Type Ili 24-hr Rainfalf=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 8 HydroCAD® 6.10 s/n 000479 01986-•2002 Applied Microcomputer Systems 4/3103 Pond 2P: Infiltration Basin 2 Hydrograph ............ ...... .------------------------- ....-........ .-------- ... -- ...................---------............_...---- ------------------------------------- --------------- Mflow 28 .- 2B.41 C�5----------............. ... .............. ..----------------------- - Primary -"----------------------------------------------=---- -- -- . -- -- .......,.._.._...__..------------------------------- ------------------------ 26 " ----------------- -----------...... ......... ............................. :------.._._.---- -----------_..._-- - - -- ------------------- -------------------------- 24 22 fa� 20 ---- ---------------- ---- . - = - w18 -------------------------- 16.......................................- -------------------+-------------------------------------------_--- .. -------------------------------------- _0 14 ' ............................................ _...... _----------- ._........................... --------- -------------------------------------- 12------------------------------------------ 10,65 Cf5 - -.................................... 10 " • -------------------------------------- .....-- .................... ----- - - - --------- ---------------------- --------------------------------------- 11 12 Time (hours) U-1 Sunset South 02282 Type 11124-hr Rainfall=8.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 9 HydroCADO 610 s!n 000479 01986-2002 Applied Microcomputer Systems 4/3103 Pond 3Pe Infiltration Basin 3 Inflow Area = 5.230 ac, Inflow Depth = 3.62" Inflow = 23.00 cis @ 12.22 hrs, Volume= 1.579 of Outflow = 6.51 cis @ 12.68 hrs, Volume= 1.534 af, Atten= 72%, Lag= 28.1 min Primary = 6.51 cis @ 12.68 hrs, Volume= 1.534 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 27.36' Surf.Area=11,662 sf Storage= 26,010 cf Plug -Flow detention time= 40.2 min calculated for 1.534 of (97% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 24.50 6,644 0 0 25.00 7,453 3,524 3,524 25.50 8,292 3,936 7,461 26.00 9,159 4,363 11,823 26.50 10,054 4,803 16,627 27.00 10,978 5,258 21,885 27.50 11,927 5,726 27,611 28.00 12,901 6,207 33,818 28.50 13,901 6,701 40,518 29.00 14,927 7,207 47,725 29.50 15,976 7,726 55,451 Primary OutFlow Mar--6.51 cfs @ 12.68 hrs HW=27.36' (Free Discharge) L1=Exfiltration (Controls 6.51 cis) it Routing Invert Outlet Devices 1 Primary 0.00' 0.033600 fpm Exiittration over entire Surface area U 11 is 14 Time (hours) 15 Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. HvdroCAD® 6.10 sin 000479 01986-2002 Applied Micr=mpute Pond 4P: Infiltration Basin 4 Type 111 24-hr Rainfall=8.00" Page 11 Inflow Area = 12.320 ac, Inflow Depth = 3.46" Inflow - 46.14 cfs @ 12.28 hrs, Volume= 3.553 of Outflow = 14.59 cfs @ 12.79 hrs, Volume= 3.285 af, Atten= 68%, Lag= 30.2 min Primary = 14.59 cfs @ 12.79 hrs, Volume= 3.285 of Routing by Stor-Ind method, Time Span= 11.00-16.00 hrs, dt-- 0.01 hrs Peak Elev= 30.26 Surf.Area=17,759 sf Storage= 59,613 cf Plug -Flow demon time-- 43.9 min calculated for 3.276 of (92% of inflow) Storage and wetted arms determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) - 25.50 7,787 0 0 26.00 8,694 4,120 4,120 26.50 9,641 4,584 8,704 27.00 10,629 5,068 13,772 27.50 11,650 5,570 19,341 28.00 12,700 6,088 25,429 28.50 13,780 6,620 32,049 29.00 14,887 7,167 39,216 29.50 16,020 7,727 46,942 30.00 17,177 8,299 55,242 30.50 18,360 8,884 64,126 31.00 19,569 9,482 73,608 nmary OutFlow► Max=14.59 cfs @ 12.79 hrs HW=30.25' (Free Discharge) =ExfilbzUon (Controls 14.59 cfs) # Routing Invert Outlet Devices 1 Primary 0.09 0.049300 fpm ExfiltmUon over entire Surface area 11 I . ......................... --------------------- 30- ............................. ------------- 0 m ............. ............................. I 11 12 13 Time (hours) 15 Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. HvdmCAIM 6.10 s/n 000479 01986-2002 Applied Micrommpute Type 11124-hr Rainfall=9.00" Page 1 Subcatchrnent 1S: Drainage Area 1 Runoff = 13.83 cfs @ 12.42 hrs, Volume-- 1.264 af, Depth= 4.W' Runoff by SCS TR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfall=9.00" _ Area (ac) CN Description 3.060 68 <50% Grass cover, Poor, HSG A _ 0.660 98 Paved parking & roofs - 3.720 73 Weighted Average Tc Length Slope Velocity Capacity Description (min) Meet) (ft(ft) (ft/sec) (cfs) 26.3 300 0.0100 0.2 Sheet Flow, Grassed Area Grass: Short n= 0.150 P2= 4.W' 4.6 640 0.0015 2.3 4.07 Circular Channel (pipe), Pipe flow Diam= 18Z Area=1.8 sf Perim= 4.7' r= 0.38' n= 0.013 30.9 940 Total Subcatchment 1S: Drainage Area 1 Hydrograph - _----------- --------------------------------------------------------......_.. - - p Runoff 15 ................ 1�.$3 cis -. ... . ............................................-- ...--... ............--------------- ---------------- 14 " 11 12 13 14 1 Time (hours) I Sunset South 02282 Type Ill 24-hr Rainfall=9.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 2 Wve1rrT!.AM 6 10 sin OW479 ®1986-2002 Annlied Micr000mputer Systems 4/3103 Sub.-atchment 2S: Drainage Area 2 Runoff = 31.36 cfs @ 12.26 hrs, Volume= 2.347 af, Depth= 4.01" Runoff by SCS TR-20 method, UH=SCS, Time Span= 11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfall=9.00" Area (ac) CN Description 6.070 68 <50% Grass cover, Poor, HSG A 0.950 98 Paved parking & roofs 7.020 72 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.1 150 0.0100 0.2 Sheet Flow, grassed area Grass: Short n= 0.150 P2= 4.50" 4.3 800 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow Diam=18.0" Area= 1.8 sf Perim= 4.7' r- 0.38' n= 0.013 19.4 750 Total Subcatchment 2S: Drainage Area 2 Hydmgraph - ----------------------------------------------------------...---.----------------------_------------------------------------------------ - - - -- ------------ - - - --- ...— • - { 0 Runoff 34 .............. .-------------------- -- ------------------------------------- .................................. " 31.36 cis 32 30 --------------------- -- -- - ----------- ---. .....---------------------------:..... .................... ---------------------------- ............ ............................. 28 ` _ ....................... ---------------------------------...------ - =------------- -- ......--......--- 26 ." ' ............................... .. . ........... + ... -.............. --------_----- .......... ---- ..............---------------------------------------------------- 24 ------------------------------------------ ---------------------- 22 " a 20 16 " -- ---- ------------------------------------------- U. 16 ............. ............. .......__----------- ................. ,--------------- .----------------------------------- .-------------------------- ._--...__.__._.._.___.- ________ _____________....--..-.--..-..____------___---- 12 ------------------------------------------- - .. .. ............ ... ------------------......------------.--------------- 10 - - - --------------------------------------------- .............. ......- - - ................ ....._ --- ----- -- ----- - 11 12 13 rime (hours) 14 Sunset South 02282 Type 11/24-hr Rainfall=9.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 3 HydroCAD® 6.10 s/n 000479 01986-2002 Applied Microcomputer Systems 4/3103 Subcatchment 3S: Drainage Area 3 Runoff = 27.05 cfs @ 12.21 hrs, Volume= 1.855 af, Depth= 4.26" Runoff by SCS TR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfall=9.W' Area (ac) CN Description 4.010 68 <50% Grass cover, Poor, HSG A 1.220 98 Paved parking & roofs 5.230 75 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 10.9 100 0.0100 0.2 Sheet Flow, grassed area Grass: Short n= 0.150 P2= 4.W' 4.7 650 0.0015 2.3 4.07 Circular Channel (pipe), pipe flow Diam=18.0" Area= 1.8 sf Perim= 4.T r= 0.38' n= 0.013 15.6 750 Total F V 9 a Subcatchment 3S: Drainage Area 3 Hydrograph Time (hours) p Runoff Sunset South 02282 Type Ill 24-hr Rainfall=9.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 4 H droCAD®610 s/n 000479 01986-2002 Applied Microcomputer Systems 413/03 Subcatchment 4S: Drainage Area 4 Runoff = 54.62 cfs @ 12.28 hrs, Volume= 4.201 af, Depth= 4.09" Runoff by SCS TR-20 method, UH=SCS, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Type III 24-hr Rainfall=9.00" Area (ac) Chl Description 10.270 68 <50% Grass cover, Poor, HSG A 2.050 98 Paved parking & roofs 12.320 73 Weighted Average Tc Length Slope min) (feet) (ft/ft) 15.1 150 0.0100 5.6 780 0.0015 20.7 930 Total Capacity Description 0.2 Sheet Plow, grassed area Grass: Short n= 0.150 P2= 4.50" 2.3 4.07 Circular Channel (pipe), pipe flow Diam= 18.0" Area=1.8 sf Perim= 4.7' r- 0.38' n= Subcatchment 4S: Drainage Area 4 Hydrograph Time (hours) Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. Type /1124-hr Rainfa11=9.00" Page 5 Pond 7P: Infiltration Basin 1 Inflow Area = 3.720 ac, Inflow Depth = 4.08" Inflow = 13.83 cfs @ 12.42 hrs, Volume= 1.264 of Outflow = 4.98 cfs @ 12.99 hrs, Volume= 1.064 af, Atten= 64%, Lag= 34.1 min Primary = 4.98 cfs @ 12.99 hrs, Volume= 1.064 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 26.51' Surf.Area= 6,702 sf Storage= 22,756 cf Plug -Flow detention time= 50.8 min calculated for 1.061 of (84% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq it) (cubic4W) (cubic -feet) 21.00 1,613 0 0 22.00 2,392 2,003 2,003 23.06 3,308 2,850 4,853 24.00 4,339 3,824 8,676 25.00 5,470 4,905 13,581 26.00 6,702 6,086 19,667 nmary OutFlow, Max=4.56 cfs @ 12.99 hrs HW=26.51' (Free Discharge) =Exflltradon (Controls 4.56 cfs) # Routing Invert Outlet Devices 1 Primary 0.00' 0.040800 fpm ExHitration over entire Surface area Sunset South 02282 Type 11124-hr Rainfa1N9.00" Prepared by Andrew & Kuske Consufting Engineers, Inc. Page 6 HydroCAD®610 s/n 000479 01986-2002 Applied Microcomputer Systems 4003 Pond 1 P: Infiltration Basin 1 Hydrograph p inflow p Primary Time )hours) Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. HVdmCADO 6.10 sln 000479 019W2002 Applied Microcompute Pond 2P: Infiltration Basin 2 Type 1I/ 24-hr Rainfall=9.00" Page 7 Inflow Area = 7.020 ac, Inflow Depth = 4.01" Inflow = 31.36 cis @ 12.26 hrs, Volume= 2.347 of Outflow = 11.95 cis @ 12.69 hrs, Volume= 2.277 af, Atten= 62%, Lag= 25.4 min Primary = 11.95 cis @ 12.69 hrs, Volume= 2.277 of Routing by Stor-Ind method, Time Span= 11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 27.58' Surf.Area=17,438 sf Storage= 36,770 cf Plug -Flow detention time= 35.0 min calculated for 2.271 of (971/6 of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 24.00 3,662 0 0 24.50 5,126 2,197 2,197 25.00 7,060 3,047 5,244 25.50 9,018 4,020 9,263 26.00 11,003 5,005 14,268 26.50 13,012 6,004 20,272 27.00 15,046 7,015 27,287 27.50 17,106 8,038 35,325 28.00 19,191 9,074 44,399 28.50 21,294 10,121 54,520 29.00 23,429 11,181 65,701 Primary OutFlow Max --I 1.94 cis @ 12.69 hrs HW=27.58' (Free Discharge) t=1=ExfilftUon (Controls 11.94 cis) # Routing Invert Outlet Devices 1 Primary 0.00' 0.041100 fpm Exfiltration over entire Surface area Sunset South 02282 Type III 24-hr Rainfall=9.00" Prepared by Andrew & Kuske Consulting Engineers, Inc. Page 8 10 -1 000479 rm 4 om-wW Applied MjCrOCO pater Systems 4/3/03 HydmCAD®6 n Pond 212: Infiltration Basin 2 Hydrograph - ......... .......- ...... --------------------------- ------:-------------- ------ ------------------- 31.36 cEs ........- -- -- - - -.. --.--- -- ...... - ......._.. - ---- - - �. - ............--- --------------------------------- --- ----------------------------------- ------------- - --- ------------------------------------------ ............. 28 -------. ---- --- --- ---- ......... .. ...... 26 --------- ----..._ ........ ------------------------ 2 -- .._........ -- .............. 22------------ a ---......................_..._.....- - - - 18 .............. .....................- - LL16 - " ._-----------------..--...._.. 1a 11.95 cfs t 12 ' ...................--_....._ 1----------------------------- 11 12 13 14 15 Time (hours) ■ inflow p Primary Sunset South 02282 Type 11124-hr Rainfall=9.00" Prepared by Andrew & Kuske Consuking Engineers, Inc. Page 9 HydroCAD®610 sln 000479 01986-2002 Applied Microcomputer Systems 4/3103 Pond 313: infiltration Basin 3 Inflow Area = 5.230 ac, Inflow Depth = 4.26" Inflow = 27.05 cis @ 12.21 hrs, Volume= 1.855 of Outflow = 7.10 cis @ 12.70 hrs, Volume= 1.702 af, Aften= 74%, Lag= 29.3 min Primary = 7.10 cis @ 12.70 hrs, Volume= 1.702 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Elev= 27.91' Suri.Area=12,718 sf Storage= 32,650 cf Plug -Flow detention time= 47.7 min calculated for 1.698 of (92% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubio-feet) (cubic -feet) 24.50 6,644 0 0 25.00 7,453 3,524 3,524 25.50 8,292 3,936 7,461 26.00 9,159 4,363 11,823 26.50 10,054 4,803 16,627 27.00 10,978 5,258 21,885 27.50 11,927 5,726 27,611 28.00 12,901 6,207 33,818 28.50 13,901 6,701 40,518 29.00 14,927 7,207 47,725 29.50 15,976 7,726 55,451 Primary OutFlow Max--7.10 cis @ 12.70 hrs HW=27.91' (Free Discharge) t-1=Exfi1tration (Controls 7.10 cfs) # Routing Invert Outlet Devices 1 Primary 0.00' 0.033500 fpm Efiltration over entire Surface area Sunset South 02282 Type 111 24-hr Rainfall=9.00" Prepared by Andrew & Kuske Consuking Engineers, Inc. Page 10 F ydroCAD®610 s1n 000479 01986-2002 Applied Microcomputer Systems 413103 Pond 3P: Infiltration Basin 3 Hydrograph ® Inflow El Primary Time (hours) Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. HydroCADO 6.10 sln 000479 01986-2002 Applied Mb=ompute Pond 4P: Infiltration Basin 4 Type 111 24-hr Rainfall=9.00" Page 11 Inflow Area = 12.320 ac, Inflow Depth = 4.09" Inflow = 54.62 cfs @ 12.28 hrs, Volume= 4.201 of Outflow = 16.20 cfs @ 12.80 hrs, Volume-- 3.710 af, Atten= 70%, I..ag= 31.5 min Primary = 16.20 cfs @ 12.80 hrs, Volume= 3.710 of Routing by Stor-Ind method, Time Span=11.00-15.00 hrs, dt= 0.01 hrs Peak Bev= 31.06' Surf.Area= 19,569 sf Storage= 74,791 cf Plug -Flow detention time= 49.3 min calculated for 3.701 of (88% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Are:a Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 25.50 7,787 0 0 26.00 8,694 4,120 4,120 26.50 9,641 4,584 8,704 27.00 10,629 5,068 13,772 27.50 11,650 5,570 19,341 28.00 12,700 6,088 25,429 28.60 13,780 6,620 32,049 29.00 14,887 7,167 39,216 29.50 16,020 7,727 46,942 30.00 17,177 8,299 55,242 30.50 18,360 8,884 64,126 31.00 19,569 9,482 73,608 Primary OutFlow Max=16.08 cfs @ 12.80 hrs HW=31.06' (Free Discharge) 'L1=Exltradon (Controls 16.08 cfs) # Routing Invert Outlet Devices 1 Primary 0.09 0.049300 fpm ExflltmUon over entire Surface area Sunset South 02282 Prepared by Andrew & Kuske Consulting Engineers, Inc. H mCAM 6.10 sln 000479 01986-2002 Applied Mcrocompute Pond 4P: Infiltration Basin 4 Hydrograph Time (hours) Type 11124-hr Rainfall=9.00" Page 12 O Inflow ® Primary OZ��Z March 13, 2003 since(iF3 Three Decades ... Three Retmons We listen. We respond. We solve. Ballard Architects Post Office Box 158 Wilmington, North Carolina 28402 Attention: Mr. Thomas Ballard Reference: Double Ring Infiltrometer Testing Dove Meadows Wilmington, North Carolina Job No. 1063-03-588 Dear Mr. Ballard: RECEIVED MAR 14 2003 MDREW MD KUSKE As requested, S&ME personnel have recently conducted four double -ring infiltrometer tests of the surficial soils at the subject site at the -locations designated by Mr. Phil Norris, P.E., the project civil engineer. Specifically, our representatives performed the following work items on March 6 and 7, 2003 1. Advanced one hand-augered boring near each of the four infiltrometer test locations in order to visually classify the in - place soils. A Munsell Soil Color Chart was used to define the hue and chroma of the recovered soil samples. 2. Conducted four double -ring infiltrometer tests at depths ranging from 11 to 20 inches below the existing ground surface. This testing was conducted in general accordance with American Society for Testing and Materials (ASTM) procedure D-3385 entitled, "Infiltration Rate of Soils in Field Using Double -Ring Infiltrometer". Based on our field classifications of the excavated soils at the hand-augered boring locatiofi, the in -place soils generally consist of slightly silty sands which extended to the maximum completed boring depth of 9.2 feet below the existing ground surface. Water or wet sands were encountered at depths ranging from 8.8 to 9.2 feet below the existing ground surface. The site water level will fluctuate with climatic and seasonal conditions, however, and may be higher at other times of the year. It is our opinion that the depth to the seasonal high water table exceeds six feet below the existing ground surface. S&ME, Inc. (910) 799-9945 6409 Amsterdam Way, Building B-3 (910) 799-9958 fax Wilmington, North Carolina 28405 Ballard Architects March 13, 2003 Page Two The measured infiltration rates the test locations were as follows: Location Range Average 1 28 to 30 29.4 ?, 22 to 26 24.1 28to31 29.6 4 34 to 37 35.5 A summary of the field test results is presented in Tables 1 through 5. S&ME appreciates the opportunity to provide our services during this phase of the project. Should you have any questions after reviewing this letter, or it we can be of additional assistance, please do not hesitate to contact us at your convenience. Very truly yours, S&ME, INC. C. Richard Connell, H Senior Engineering Technician Michael W. Behen, P.E. Senior Geotechnical Engineer CRC:MWB/jns Attachments Copy: Andrew & Kuske Consulting Engineers, Mr. Phil Norris, P.E. TABLE 1 Double Ring Infiltrometer Testing Dove Meadows Wilmington, North Carolina Job Number 1063-03-588 Date of Test: 3-6-03 Depth of Test Below Site Grade: 16 inches Depth of Water in Rings: 7 inches Inner Diameter of Inner Ring: 11% inches Inner Diameter of Outer Ring: 22%2 inches Depth to Groundwater: Approximately 106 inches Average Infiltration Rate: 29.4 inches per hour SOIL PROFILE Depth Value/ Location Inches Hue Chroma Soil Description 1 0-6 10YR 2/2 Very Dark Brown Fine to Medium SAND - (Adjacent Trace of Silt with Organics Southern 6-12 10YR 2/1 Black Fine to Medium SAND - Trace of Silt Boulevard) 12-21 10YR 4/3 Brown Fine to Medium SAND - Trace of Silt with Rock Fragments 21-34 2.5 Y 6/4 Light Yellowish Brown Fine to Medium SAND - Trace of Silt 34-60 10YR 3/1 Very Dark Gray Fine to Medium SAND - Trace of Silt 60-80 2.5 Y 4/1 Dark Gray Fine to Medium SAND - Trace of Silt 80-96 10YR 2/2 Very Dark Brown Fine to Medium SAND - Trace of Silt 96-108 10YR 3/2 Very Dark Grayish Brown Fine to Medium SAND - Trace of Silt Wet soils were encountered at a depth of 106" below the existing ground surface. 5 TABLE 2 Double -Ring lntaitrometer Testing Dove Meadows Wilmington, North Carolina Job Number 1063-03-588 Date of Test: 3-6-03 Depth of Test Below Site Grade: 20 inches Depth of Water in Rings: 7 inches Inner Diameter of Inner Ring: 11% inches Inner Diameter of Outer Ring: 22%a inches Depth to Groundwater: Approximately 108 inches Average Infiltration Rate: 24.1 inches per hour SOIL PROFILE Depth Location Inches Hue Value/Chroma X 0-18 10 YR 3/2 (East- Central Portion 18-36 10 YR 6/6 of Site) 36-84 2.5 Y 5/6 84-93 2.5 Y 6/3 93-100 2.5 Y 6/4 100-108 2.5 Y 7/2 Soil Description Very Dark Grayish Brown Fine to Medium SAND - Trace of Silt with Rock Fragments and Organics Brownish Yellow Fine to Medium SAND - Trace of Silt Light Olive Brown Fine to Medium SAND - Trace of Silt Light Yellowish Brown Fine to Medium SAND - Trace of Silt Light Yellowish Brown Fine to Medium SAND - Trace of Silt Light Gray Fine to Medium SAND - Trace of Silt Wet soils were encountered at a depth of 108" below the existing ground surface. TABLE 3 Double -Ring Infiltrometer Testing Dove Meadows Wilmington, North Carolina Job Number 1063-03-588 Date of Test: 3-7-03 Depth of Test Below Site Grade: 19 inches Depth of Water in Rings: 7 inches Inner Diameter of Inner Ring: 11% inches Inner Diameter of Outer Ring: 22%Z inches Depth to Groundwater: Approximately 108 inches Average Infiltration Rate: 29.6 inches per hour SOIL PROFILE Depth Location Inches Hue Value/Chroma Soil Description 0-15 2.5 Y 3/2 Very Dark Grayish Brown Fine to Medium (West- SAND - Trace of Silt with Rock Fragments Central 15-30 2.5 Y 6/4 Light Yellowish Brown Fine to Medium Portion SAND - Trace of Silt of Site) 30-72 2.5 Y 6/1 Gray Fine to Medium SAND - Trace of Silt 72-96 2.5 Y 2.5/1 Black Fine to Medium SAND - Trace of Silt 96-108 10 YR 4/3 Brown Fine to Medium SAND - Trace of Silt Wet soils were encountered at a depth of 108" below the existing ground surface. TABLE 4 Double -Ring Infiltrometer Testing Dove Meadows Wilmington, North Carolina Job Number 1063-03-588 Date of Test: 3-7-03 Depth of Test Below Site Grade: 11 inches Depth of Water in Rings: 6 inches Inner Diameter of Inner Ring: 11% inches Inner Diameter of Outer Ring: 22% inches Depth to Groundwater: 110 inches Average Infiltration Rate: 35.5 inches per. hour SOIL PROFILE Depth Value/ Location Inches Hue Chroma Soil Description 4 0-12 10 YR 3/2 Very Dark Grayish Brown Fine to Medium (Between SAND - Trace of Silt with Rock Fragments Virginia 12-20 2.5 Y 4/1 Dark Gray Fine to Medium SAND - Trace of and Silt Maryland 20-48 2.5 Y 7/1 Light Gray Fine to Medium SAND - Trace of Avenues) Silt 48-72 10 YR 2/2 Very Dark Brown Fine to Medium SAND - Trace of Silt 72-84 2.5 Y 6/4 Light Yellowish Brown Fine to Medium SAND - Trace of Silt 84-93 2.5 Y 5/3 Light Olive Brown Fine to Medium SAND - Trace of Silt 93-112 2.5 Y 6/2 Light Brownish Gray Fine to Medium SAND - Trace of Silt Water was encountered at a depth of 110" below the existing ground surface. Dat Design Andrew and Kuske Let 902 Market St. CONSULTING ENGINEERS, INC. Wiimington, N.C. 28401Of Check Job � 1D, J 6v,J Tru7t— For !!5V A.) c ram— Job No. ma-)e ' Olt, 5 Jo 2�1va r� �j5'j 70� C --!57V44X.-S = '65i 4�5/ C-4= so v L�f- 3-c 57 ,,,,6a`4�nereoaq�, ,.CARo e • • AW l 196"1 6 ' e Dat& Design Andrew and Kuske sheet f �� 902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401 Of Check Job For Job No. ao, �LLfP •JB�1B9tlAt4�"! P. 1 FILE MODE -------------- 774 MEMORY TX *-`* * COMMUNICATION RESULT REPORT ( JUL. 7.2003 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) 7 -------------- 9-3439604 8:20AM ) TTI RESULT OK NCDENR WIRO PAGE --------P--5f5 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment -and Natural Resources Wiln>;ington Regional Office Michael F. Easley, Governor William Cr. Doss Jr, Secretary FAX COVER SHEET Date: I r7 %n "� To: CO: FAX #:_CR 10 3 q 3- C16 0 q No. Of Pages: From: QUne itALkh CO; F.AX#: 910-350-2004 137 Cardinal give Extet►elon, Wilmington, NX, 2$40B.384S Telephone (910) 395-3900 Fox (910) 350 2004 An Equnl Opportunity Affirmative Action Employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: rI r► ID No. Of Pages: 55 To: t I Y1 orr('S From: L tkn2 0\/l Lk.n r) CO: EU S k'e' CO: ID LAJ FAX #: (R I D) 3 g 3- q 6 o q FAX#: 910-350-2004 REMARKS: r ryl. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer 0 7 /03/2003 THU 14 : 48 FAX 910 343 9604 Andrew & Kuske Engineers g 002/005 A&K #02282 Permit No. State of North Carolina (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original QM Storrawater Management Plan Review- A complete stormwater management plan submittal includes a stormwater application form, an infiltration basin supplement for each system, design calculations; soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: Sunset South Contact Person: Benjamin J. Quattlebaum, 11 Phone Number: (910) 341-7700 This work,heet applies to: Basin No. 1 in Drainage Area 1 (as ideruifsed on plan) (trom I orm SWU-101) XI DESIGN II0DRMATIION — Attach supporting calculatiorWdommentatian. The soils report trust be based upon an actual Field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fins)). Sons Report Sunnnmuy Soil Type Sand Infiltration Rate 29.4 In/hr or cf/hr/sf (circle appropriate units) SHWT Elevation 18.50 fmsl (Seasonal High Water Table elevation) Basin Design Parameters Design Storm Design Volume r'.awdown Tim - Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation 2.0 ine (1.5 inch event for SA waters, I inch event for others) (f.19956 c.f. r Pc t—+ >' e'Re � Bays i 40.16 ft. x 40.16 ft. = 1,613 sq. ft (bottom dimensions) 19,667 c.f. 21.0 f nsl 25.78 fmsl 25 YR Event 26.00 fins) Form SWU-103 Version 3_29 Page 1 of 3 0 7 /03/2003 THU 14 : 48 FAX 910 343 9604 Andrew & Kuske Engineers 9003/005 A&K #02282 Permit No. State of North Carolina. (to be provided by UWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DWn Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater application form, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: Sunset South Contact Person: Benjamin J. Quattlebaum, 11 Phone Number: (910) 341-7700 This worksheet applies to: Basin No. 2 in Drainage Area 2 (at identifwd on plan} (frost Form SWU-101) II. DESIGN INFORMATION — Attach supporting calculations/docutmntation. The soils report must be based upon an actual field investigation and soil borings. County soil neaps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Tunc Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Form SWU-103 Sand 29.6 In/hr or cf/hr/sf (circle appropriate units) 21.00 fins! (Seasonal R-Igh Water Table elevation) 2.0 — inch (L S inch event for SA waters, 1 inch event for others) 14:196c� PLJ t V-\ L V1%t h-P 1' S 0.13 Day;/ Y��tievv{- 60.51 ft. x 60.51 ft. = 3,662 sq. tt (bottom dimensions) 65,701 c.f. 24.00 finsl 27.12 finsl 29.00 finsl Version 3.99 Page 1 of 3 u7/UJ/ZUu3THU 14:45 MA 91U 343 qm .kndrew & Kuske Engineers 4004/005 A&K #02282 Permit No. State of North Carolina. (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality S'ropjt 7ATER MANAGENMNTIPAERNUT APPLICATION FOR1v1 INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DM Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater application form, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing aU storrnwater conveyances and system details. I. rROJECT INFORMATION Project Name: Sunset South Contact Person: Senjarnin J. Ouattiebauff!, if .Phone Number: (910) 349 -7700 This worksheet applies to: Basing No. 3 in Drainage Area 3 (as identified on plan) (from Form SWU--101) II. DESIGN INFORMATION — Attach supporting calculations/documentation. Tile soils report must be based upon an actual field investigation and soil borings. Comity soil maps am- not an acceptable source of soils information. All elevations shall be in fed mean sea level (fts)). Souls Report Summary Soil Type , Infiltration Rate SHWI' Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Sand 24.1 In/br or cf/hr/sf (circle appropriate units) 22.0 fins] (Seasonal High Water Table elevation) (1. S inch event for SDI waters, 1 inch event for others) fO,. 62 c.f. ���� �vvi k S .08 Days YQ G'fl2 81.51 ft. x 81,§1 ft. = 6,644 sq. ft (bottom dimensions) 55,451 c.f, 24.50 finsl 27.36 frasl 29.5 frnsl Form SWU-103 Version 3.99 Page 1 of 3 07,/03/2003 THU 14:48 FAX 910 343 9604 Andrew & Kuske Engineers � 005/005 A&K #02282 Permit No. State ofNorth Carolina (to be provided by DW() Department of Environment and Natural Resources Division of Water Quality STORWWATER MANAGFE ENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT .This form may be photocopied for use as an original DM Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater application form, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. L PROJECT INFORMATION Project Name. Sunset South Contact Person: Benjamin J. Quattlebaum, II Phone Number: (910) 341-7700 This worksheet applies to: Basin No. 4 in Drainage Area 4 (as identified on plan) (from Form SWU-101) R. DESIGN IllT1R'ORMATION — Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fins!). Soils Report Summary Soil Type Infiltration Rate SHWI' Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Sand 35.5 Inik or cflhr/sf (circle appropriate units) 23.0 f nsl (Seasonal High Water Table elevation) 2. --inch (1.5 inch event for SA walers, i inch event for others) (T3,516JE32c.f.;days PI�C.f--�t1L I�l LC Wt �Z� 5 88.24 ft. x 88.24 ft. = 7,787 sq. ft (bottom dimensions) 73,608 c.f. 25.5 finsl 30.25 fins! 31.0 fmsl Form SWU-103 Version 3.99 Page 1 of 3 FILE MODE --------------- 757 MEMORY T?, COMMUNICATION RESULT REPORT ( JUL. 3.2003 2:10PM ) - TTI OPTION ADDRESS (GROUP) RESULT REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER P. 1 7NDENR WIRO PAGE ------- P. P3/3 E-2) BUSY . E-4) NO FACSIMILE CONNECTION State Of NO-th Carolina Department of Environment and Natural Resources Wilmington Regional office Michael F. Easley, Governor William G. Ross Jr, Secretary Date: 0 To: � CO:A&IC FAX #: - fZr FAX COVER SHEET No. Of pages: From: rt l f/1 u CO: Q FAX#: 91 o-35U,2oa4 127 Cardinal Drive Esmalon, Wilmington, N.C. 28405-3845 Telepltione (910) 385-3900 Paz (g10j 350,2004 An Equal opportunity Affirmative Aetfon employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: rj 13105 To: Mr. 7)aj7jej M, CO: Ward 4- Sm C FAX #. qjo - qg,7q No. Of. Pages: 3 From: LQune, Munn CO: Dw Q FAX#: 910-350-2004 O 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal opportunity Affirmative Action Employer properly stored in an enclosed area such that no part of such vehicle is visible to anyone from the Streets located in the Subdivision. (12) Any and all erosion from a Lot occurring as the result of any construction on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the occupancy of said dwelling by the Owner of the Lot or as required by any applicable law, regulation, rule or ordinance. (13) The maximum allowable "built;. -upon area" on any Lot in the Subdivision is c 50a square feet. 'Built -Upon Area" includes any area constructed within the Lot property ®--- boundaries and that portion of the right-of-way between the front lot line and the edge of the pavement. "Built -Upon Area" includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. , etc.) - verage driveway-erossings, tr ictly prohibited �v onv �urnr...n A_ aL.'..r /nnLt• vci •rri ' a nr-rrl�»r�wr��7 maintained each Lot. All r5 at least drty-�3% feet from-dir n can highwater mark -of any surface water&_The covenants set forth in this Paragraph (13) are intended to ensure ongoing compliance with State Stormwater Management Permit No.5W � 03ogoq as issued by the Division of Water Quality under NCAC 2H.1000 and Ar any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the Subdivision by Declarant as provided herein (the "Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this Paragraph (13) to the extent necessary to maintain compliance with the Permit. The covenants set forth in this Paragraph (13) pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved stormwater plan for the Subdivision may not take place without the concurrence of theStaig. , rv,s� � � , a. '! (14) In the event the Owner of a Lot shall damage or through negligent failure to act allow damage to occur to any drainage or utility easement or Stormwater Management Facilities located in the Subdivision, the Owner of said Lot shall be responsible and liable for the repair or replacement of said drainage or utility easement or the Stormwater Management Facilities as provided in these Restrictions. From and after the time the Permit is transferred to the Corporation, Declarant shall have no responsibility for maintaining any drainage easements or Stormwater Management Facilities in the Subdivision except drainage easements or Stormwater Management Facilities located 'on Lots owned by Declarant. Within the drainage and utility easements set forth in these Restrictions or shown on the Map, no structure, fencing, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities or which may change the direction or flow of drainage channels in the easements or violate the provisions of the Permit. (15) It shall be the obligation of the Owner of any Lot in the Subdivision to provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on 16 VII. For High Density Residential Subdivisions: (In addition to I.1-I. S and all others that apply) The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. If the BLTA per lot varies, please record as follows and provide a complete lot listing with proposed BUA: The maximum allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lotproperty boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing there, into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. VIII For Shopping Centers with Outparcels or a Future Development allotment: (In addition to I-1 through I- S and all others that apply) 1. The maximum built -upon area for outparcel(s) and future areas shown on the approved plans is as follows: Outparcel # BUA Future Development These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. The runoff from all built -upon area on the outparcel or future area must be directed into the permitted stormwater control system. 3. Built -upon area in excess of the permitted amount will require a permit modification. 4. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. S. Each outparcel or future development tract whose ownership is not retained by the permittee, shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. 3 P. 1 x" COMMUNICATION RESULT REPORT ( JUN.30.2O03 FILE MODE OPTION --------------------------- 630 MEMORY T>; REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) -- 8-9103417703 3:44PM ) * TTI RESULT ----------- OK NCDENR WIRO PAGE --------P--4r4 E-2) BUSY E-4) NO FACSIMILE CONNECTION• State of North Carolina. Department of -Environment and 1Natu W"mingtan Regional offce Resources Michael F, Easley, Gave�ior "'illiam G. Ras-9 Jr,, Secretary PAX COVFR SHEET Date: 0 (] 3 To: � �►� 4 �o. Of Pages: , r CO: Fro FAX #: cO.--m..,�t-+'t"e.. 703 910 3SO-2004 RjEMAS. LCk q- C1rdlgti bAve &WOjon, Wiimin [an An Egaal Oppo nity 8403-Allari� ejePhoRe (g1Q� 395 900 +4ctloa Employer (930) 330.2004 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: &00103 No. Of Pages: Lf To: `0 (n✓1 From: [O,u-A-Le. AA U nY► CO: CO: FAX #: jq 1- 2 70j FAX#: 910-350-2004 ,L1 +y� : LCLu k-e, (AA LkY Y) REMARKS: Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer 3 INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for certain developments where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built - upon" surface area consistent with the applicable regulation limiting built -upon area. The following deed restrictions and covenants must be recorded prior to issuing the Stormwater Management Permit: I. For All Projects: V 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000. 112. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. Z4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. II Low Density Residential Subdivisions (In addition to 11- 15 and all others that apply) The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick; stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. If the BUA per lot varies, record as follows and provide a complete lot listing with proposed BUA: The maximum allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, 'brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2 Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 3. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. 4. All roof drains shall terminate at least 30' from the mean high water mark of surface waters. III Low Density Subdivision with Curbs and Gutters: (In addition to I.145, II.1 II.4 and all others that apply) 1. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. 2. This project proposes a curb outlet system. Each designated curb outlet Swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H. V) side slopes or flatter, have a longitudinal' slope no steeper than S%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover. IV Project lies within CAMA's AEC: (In addition to I.1-I.S and all others that apply) 1. "Lots within CAAM s Area of Environmental Concern may have the permitted maximum built -upon area reduced due to CAMA jurisdiction within the AEC. " V. For Low Density Commercial Subdivisions: (In addition to I.1-I.S, II.1-II.4 and all others that apply) 1. Each lot whose ownership is not retained by the permittee, shall submit a separate low density stormwater permit application to the Division of Water Quality and receive a permit prior to construction. Lots retained by the permittee shall be submitted as modifications to the originalpermit. 2. If one lot exceeds the allowable built -upon area, the entire subdivision is subject to the high density design criteria. VI For High Density Commercial Subdivisions: (In addition to all others that apply) 1. The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the. right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. If the BUA per lot varies, please record as follows and provide a complete lot listing with proposed BUA.: The maximum allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the .street, or grading perimeter swales to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. 3. Each lot whose ownership is not retained by the permittee, shall submit a separate stormwater permit application to the Division of Water Quality and receive a permit prior to construction. 2 For High Density Residential Subdivisions: (In addition to I.1-I.S and all others that apply) The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lotproperty boundaries, and thatportion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. If the BUA per lot varies, please record as follows and provide a complete lot listing with proposed BUA: The maximum allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. VIII For Shopping Centers with Outparcels or a Future Development allotment: (In addition to I-1 through I- S and all others that apply) 1. The maximum built -upon area for outparcel(s) and future areas shown on the approved plans is as follows: Outparcel # BUA Future Development These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. The runoff from all built -upon area on the outparcel or future area must be directed into the permitted stormwater control system. 3. Built -upon area in excess of the permitted amount will require a permit modification. 4. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. S. Each outparcel or future development tract whose ownership is not retained by the permittee, shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. 3 FAX COVER SHEET Date: June 27, 2003 No. of Pages: 1 To: Phil Norris From: Laurie Munn Company: Andrew & Kuske Water Quality Section - Stormwater FAX #: 910-343-9604 FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 030404 Project Name: Sunset South MESSAGE: Since you do not have a bypass, you must design the system for a greater event than I". The event is determined by site parameters — proximity to SA waters, soil conditions, and depth to SHWT. This site has great soils for infiltration, so we would make you show that the basins are designed for at least 1 %z". As your narrative states, the basins can hold a minimum of 2". I need the application to reflect that the design storm is at least 1 %a". Please revise the Basin Design Parameters on sheet 1 of the Infiltration Basin Supplement to reflect this design storm. Also, please revise your calculations to show how you got the volume for this design storm. You can fax this information back over to me and I will put it in the application. The permit is drafted and as soon as I receive the deed restrictions, it will be permitted. Have a nice weekend. S:\WQS\STORMWAT\ADDINFO\2003\030404b.juneO3 JCc4-Kk-11- Y Q La.4tUA)aAj- * * * COMMUNICATION RESULT REPORT ( JUN.27.2003 1:49PM ) P. 1 FILE MODE -------------- 571 MEMORY T; OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER TTI NCDENR WIRO ADDRESS (GROUP) RESULT PAGE ----------------------------------------------------- 9-9103439604 OK P. 1/1 E-2) BUSY E-4) NO FACSIMILE CONNECTION FAX COVER SHEET Date., June 27, 2003 No. of Pages: 1 To: Phil Norris From; Laurie Munn Company: Andrew & Kaske Water Quality Section - Stormwater FAX #: 910-343-9604 FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW$ 030404 Project Name: Sunset South MESSAGE: Since you do not have a bypass, you must designs the system for a greater event than 1". The event is determined by site parameters -- proximity to M waters, soil conditions, and depth to SHWT. This site has great soils for infiltration, so we would make you shove that the basins are designed for at least 1 %z". As your narrative states, the basins can hold a minimum of 2". I need the application to reflect that the design storm is at least 1 '/2". Please revise the Basin Design Parameters on sheet 1 of the Infiltration Basin Supplement to reflect this design storm. Also, please revise your calculations to show how you got the volume for this design storm. You can fax this information back over to me and I will put it in the application. Andrew & Kuske CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, NC 28401-4733 910/343-9653 910/343-9604 Fax www.andrewandkuske.com June 23, 2003 Ms. Laurie Munn NC DENR Division of Water Quality / Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Sunset South SW8 030404 Review Comments A & K Project No. 02282 Dear Ms. Munn: John R. Andrew, P.E. John S. Tunstall, P.E. John A. Kuske, III, P.E. James T. Pyrtle, P.E. J. Phillip Norris, P.E. Neal W. Andrew, P.E. J.A. Kuske, P.E. of Counsel C. Lawrence Sneeden, Jr., P.E. JUN 2 6 2003 We are responding to your comments of June 4, 2003 as follows: 1. The project location has been shown on the vicinity map. 2. A unit footprint has not been developed. Lot restrictions will limit impervious surface to 2,500 SF. 3. Proposed deed restrictions are being prepared by the attorney for the WHA. They will be forwarded under separate cover. 4. The tree layer has been turned off for your convenience. 5. All sidewalks are graded to drain to the street they are adjacent to. See the detail on sheet C1. 6. All catch basins have been numbered. 7. It is our understanding that Vincent Lewis has been on site. 8. The basins are designed to function without a bypass. All four basins can contain more than 2 inches of runoff and are designed to accommodate a 50 year storm, 8 in / hr, without discharge. 9. Item 4 of Section IV has been completed for each supplement and is enclosed. The measuring device will be a level rod. It will be used only when measuring sediment buildup. It will be read using a level from known benchmarks. 10. The number of lots is 130. The lot mislabeled as 25 has been changed to 26. Ms. Laurie Munn / NC DENR June 23, 2003-06-23 Page 2 We are enclosing two (2) sets of revised plans for your continued review and approval. Please contact us if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULT -ENGINEERS, I J. Phillid-Norris. P.E. 02282 06-23-03-s-sw-response4kr Q�r^F ArF'QQG lViichael F. Easley, Governor r William G. Ross Jr., Secretary > co North Carolina Department of Environment and Natural Resources —wa. Alan W. Klimek, P. E., Director Division of Water Quality June 4, 2003 Mr. Benjamin J. Quattlebaum, II Wilmington Housing Authority P.O. Box 899 Wilmington, NC 28402 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 030404 Sunset South New Hanover County Dear Mr. Quattlebaum: The Wilmington Regional Office received a Stormwater Management Permit Application for Sunset South on April 4, 2003. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please show the location of the site on the vicinity man_ 2. Please provide a unit footprint with dimensions for the lot development. 3. If these units are going to be sold, please provide a copy of the proposed deed restrictions to include all required conditions and limitations. 4. Please turn off the tree layer so that the spot elevations can be seen more easily. 5. Please add some spot elevations to show that the sidewalks are draining to the infiltration basins. It appears that the sidewalk in drainage area 1 may be draining off -site. 6. Please number the catch basins. 7. Please contact me to -make arrangements for Vincent Lewis to do the soils investigation. If he has already been to this site, please advise. Please provide an off-line bypass for the infiltration basin. It is necessary to provide off- line bypass unless the basin is designed for the 2'' storm event. 9. Please complete Item 4 of Section IV of the Infiltration Basin Supplement. The originals are being returned to the engineer for completion. Also, please give details of how the measuring device will be installed. 10. Please label Lots 131-133 or let me know where they are. I could only find 130 Iots. Also, 2 lots are labeled 25 and no lot is labeled 26. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 l Mr. .Quattlebaum June 4, 2003 Stormwater Project No. SW8 030404 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to July 5, 2003, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Laurie Munn Environmental Engineer RSS/:lsm S:\WQS\STORMWAT\ADDINFO\2003\030404.juneO3.doc cc: Laurie Munn Phil Norris, P.E. Andrew & Kuske CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, NC 28401-4733 910/343-9653 910/343-9604 Fax www.andrewandkuske.com April 1, 2003 Ms. Linda Lewis, Environmental Engineer NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Submittal Sunset South Wilmington, NC A & K Project No. 02282 Dear Ms. Lewis: John R. Andrew, P.E. J. Phillip Norris, P.E. John S. Tunstall, P.E. Neal W. Andrew, RE, John A. Kuske, III, P.E. J.A, Kuske, P.E. of Counsel James T. Pyrtle, P.E. C. Lawrence Sneeden, Jr., P.E. Enclosed are two (2) sets of plans for the subject project, one (1) set of calculations, the original Division of Water Quality Stormwater Management Permit application, the original SWU-103 supplement forms (Basins 1-4), one (1) copy of the stormwater narrative and a $420.00 check for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULTING ENGINEER , INC. J. Philp orris, P. JP /asn 0 82 04-01-03-s-sw-Itr Enclosures cc: Benjamin J. Quattlebaum, II / Wilmington Housing Aolit9 Nib Thomas Ballard / Ballard Architects C1 ,� Y N N r-1 O z m L IN z U 7 w W O +!,u O -S d (n i— w cn :3 II k- O O a iL w W I— fJJ OW �D U� a FZ Ua 11 � O z LU : a w o ah y- 9 �1 H DATE . . DESCRIPTION U I de 4 AMOUNT DEDUCTION NET AMOUNT L A!- Nail 4-As. Ou HOUSING & ECONOMIC OPPORTUNITIES, INC. PLEASE DETACH THIS STUB HOUSING & ECONOMIC OPPORTUNITIES, INC. 0124 CIO WILMINGTON HOUSING AUTHORITY 66-30 FlRsTCmzENs 531 MNK WILMINGTON. NC 28401 PAY CHECK NO. DATE AMOUNT TO THE ORDER OF 24i:: 0 IJ L)k N VOID AFTER 120 DA --PRUINAL, Vf— ?2s-a CHECK SIGNE Wit SIGNER 3 0 j4o,/ COUNTER 111001242110 l:053&00300i:0035 2b0 33 2 2110 JUL 0 8 2003 WARD .AND SMITH, P.A. ATTORNEYS AT LAW W. DANIEL MARTIN, III (910) 794-4803 Fax (910) 794-4877 wdm@wardandsmith..M July 8, 2003 VIA HAND DELIVERY Ms. Laurie Munn DENR-DWQ 127 Cardinal Drive Extension Wilmington, NC 28403 RE: Housing and Economic Opportunities, Inc. Sunset South Our File 021074-0004-001 Dear Ms. Munn: Thank you for your information and comments regarding revisions to the specific provisions on Page 16 relating to the stormwater facilities and related covenants. Enclosed is a revised Declaration, in its entirety, incorporating those comments. Also please note that in the definitional section, we have referred specifically to the permit and the Stormwater Management Facilities. Again, thank you for your prompt assistance. Yours ry truly, , W. angel M 1 ,I WDM:cdb WLMAM96511\1 Enclosure cc: Mr. John Hatten (via hand delivery) (w/enc.) UNIVERSITY CORPORATE CENTER 127 RACINE DRIVE PO BOX 7068 WILbIINGTON, NC 28406-7068 GREENVILLE NEW BERN RALEIGH (252)215-4000 (252)672-5400 (919)836-4260 WILMINGTON (910)794-4800 STORMWATER SYSTEM & EROSION CONTROL NARRATIVE SUNSET SOUTH" WILMINGTON, NORTH CAROLINA For Wilmington Housing Authority P.O. Box 899 Wilmington, NC 28402 (910) 341-7700 April 2003 Prepared by: ANDREW & KUSKE CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 (Fax) E-mail: office@andrewandkuske.com A & K Project No. 02282 NARRATIVE DESCRIPTION: The project site is a 28.29-acre tract located between Southern Boulevard and Maryland Avenue in Wilmington, North Carolina consisting of lightly vegetated sandy topsoil and grades ranging from 0.5 to 2.0%. Approximately 3.0 acres will be graded to allow construction of new subdivision streets and infiltration basins. The runoff from the site is estimated using the rational method 10-year design storm and rainfall data for the area. Construction is scheduled to begin as soon as all permits and approvals are obtained. EROSION CONTROL MEASURES: The attached plans and specifications give the requirements for erosion control measures. Silt fencing will be provided along each side of the entrance drive where stormwater would be expected to sheet flow from disturbed areas directly to adjacent property. Gravel check dams will not be provided unless the Contractor has to temporarily discharge into an open ditch instead of the proposed storm drain outfall. The infiltration basins will be used as silt basins during construction and restored to design contours prior to completion. A gravel construction entrance will be constructed at all entrances. Maintenance will be provided by the grading contractor and developer. STORMWATER MANAGEMENT MEASURES: The project site is located in New Hanover County. Land disturbing on the site will exceed one acre, which requires the site to comply with the State Regulations. The stormwater runoff fro^; the development will ► e directed to four infiltration basins. The infiltration basins are designed to accommodate this site for a 50-year storm without discharge. CONSTRUCTION SEQUENCE: The Contractor will install the gravel construction entrances and silt fence prior to beginning any clearing and grading operations. Additional silt fence will be installed when and if conditions warrant during construction. The infiltration basins / silt basins will be constructed immediately after that portion of the site is cleared, and outlet structure with protection will be installed. Disturbed areas will be landscaped or seeded upon completion. MAINTENANCE PLAN 1. All erosion and sediment control practices will be checked for stability and operation following every runoff -producing rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all practices as designed. 2. Sediment will be removed from the infiltration basins when storage capacity has been approximately 50% filled. 3. Sediment will be removed from behind the sediment fence when it becomes about 0.5 ft deep at the fence. The sediment fence will be repaired as necessary to maintain a barrier. 4. Check ditches, swales, pond banks, and other seeded areas for erosion and sedimentation after runoff producing rains. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. Sediment producing areas should be treated immediately. 5. Inspect gravel construction roads, entrances, and parking areas periodically for sediment build-up on surface. Topdress with new gravel as needed. SECTION 02920 SOIL EROSION AND SEDIMENTATION CONTROL 1. GENERAL 1.1 Contractor shall take every reasonable precaution throughout construction to prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property as required by State and Local regulations. 1.2 The Contractor shall install all required silt fences, and construction entrances at the initiation of work, and have these measures reviewed and approved by the local permit authority prior to clearing and grading operations. 1.3 The Contractor shall, within 15 days of suspension or completion of land disturbing activities, provide permanent protective covering for disturbed areas. Temporary and permanent erosion control measures shall be coordinated to assure economical, effective, and continuous erosion and siltation control throughout the construction and post -construction period. Use the specified seed for both temporary and permanent seeding. 2. PRODUCTS 2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion. 2.2 Fertilizer shall be 10-10-10 grade or equivalent. 2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10 percent magnesium oxide. 2.4 Mulch shall be small grain stravv, hay, wood chips, asphalt emulsion, jute or other suitable material free of undesirable weed seed. 2.5 Phosphate shall be 20 percent superphosphate or equivalent. 2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm weather planting and unhulled for cool weather planting. Purity of seed shall be a minimum of 98 percent and germination shall be a minimum of 85 percent. 2.7 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a minimum of 6 inches. 2.8 Gravel for check dams shall be #57 washed stone. 2.9 Aggregate for construction entrance shall be #4 washed stone. 2.10 Stone rip rap for check dams and erosion control shall be NC®OT Class A or B as shown. 3. EXECUTION 3.1 General: Take every practicable measure during construction or suspension to work to minimize erosion and siltation. Measures should include good construction practices, temporary physical barriers to sediment travel, settling basins for new ditches, and establishment of vegetative cover. 3.2 Construction Practices 3.2.1 Avoid dumping soil or sediment into any wetland or watercourse. 3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural watercourse and trenching and grading operations. 3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable. 3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise shown or directed. 3.3 Temporary Physical Barriers are required where sedimentation on off site property or excessive erosion is a problem. 3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive erosion and for protection of seedbeds after planting where required. 1. Apply grain straw and hay at a rate of 75 to i 00 pounds per 1000 square feet and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh should be installed as per manufacturer's instructions. 2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000 gallons per acre. Asphalt emulsion used for anchoring straw should be applied at a rate of 150 gallons per ton of straw. 3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment from the site. Clean silt fence of accumulated sediment after each rainfall event or when it exceeds a depth of 0.5 feet above natural grade. 3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall consist of Class A rip rap at minimum two feet high and three feet thick across the watercourse, with a one foot thick layer of gravel on upstream side. Remove sediment if accumulated to a depth of 1.0 feet at upstream face. 3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all unpaved areas disturbed by the work. 3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4 inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous and fertilizer shall be applied during the scarification process in accordance with the following rates: Lime: 45 pounds per 1000 square feet Phosphorous: 20 pounds per 1000 square feet Fertilizer: 17 pounds per 1000 square feet 3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4 inch. Regrade and seed eroded areas immediately 3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as specified hereinbefore. Reapply as necessary to retain cover until grass is established. 3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by 6 inches thick at each entrance to the site used by construction vehicles, until such time as the permanent roadway is constructed. Remove soil if accumulated to a depth greater than 0.5 inches. 3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all temporary and permanent erosion control measures. Temporary structures shall be maintained until such time as vegetation is firmly established in the area protected by the structure. Permanent streambank protection and grassed areas shall be maintained until completion of the project. Areas that fail to show a suitable stand of grass or which are damaged by erosion shall be immediately repaired. END OF SECTION --a IVED J U L 0 8 2003 DRAFT Daiallin�7/7N3 6:46 p.m DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF SUNSET SOUTH This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF SUNSET SOUTH ("Declaration"), a subdivision located in New Hanover County, North Carolina, made and entered into as of the day of , 2003, by and among HOUSING AND ECONOMIC OPPORTUNITIES, INC., a North Carolina nonprofit corporation (hereinafter called "Declarant"); and ALL PROSPECTIVE PURCHASERS OR OWNERS of Lots as shown on the map of "Sunset South" recorded in the New Hanover County Register of Deeds Office; WITNESSETH: WHEREAS, Declarant is the owner of all the Lots and Common Elements and streets shown on the map of Sunset South recorded in Map Book _, at Page _ in the office of the Register of Deeds of New Hanover County (herein referred to as "the Map"); WHEREAS, Declarant, desires to submit the Lots and Common Elements, together with the improvements thereon, to the provisions of Chapter 47F of the General Statutes of North Carolina (hereinafter sometimes referred to as the "North Carolina Planned Community Act" or the "Act"), and develop a residential community and intends by the recordation of this Declaration to impose the covenants, conditions, restrictions and easements contained herein (hereinafter sometimes called Restrictions) on the property described herein as Lots and Common Elements to the end that the Lots and Common Elements shall be held subject to the Act and said Restrictions; NOW, THEREFORE, Declarant does hereby declare that the Restrictions contained herein shall run with the Lots and Common Elements described herein; shall be a burden on and a benefit to such Lots and Common Elements; shall be binding on all parties Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Attention: W. Daniel Martin, III having or acquiring any right, title, or interest in the Lots or any part thereof; and shall inure to the benefit of each Owner of any part thereof. I. Definitions As used in this Declaration, the Articles, the Bylaws, and the Rules and Regulations of the Association, exhibits attached and all amendments thereof, unless the context requires otherwise, the following definitions shall prevail: (1) "Articles" means the Articles of Incorporation of Sunset South Owners Association. (2) "Association" means Sunset South Owners Association, its successors and assigns. (3) "Association Documents" means collectively, the Articles of Incorporation of the Association, this Declaration, the Bylaws and the Rules and Regulations, all as may be amended, modified or restated from time to time. Any exhibit, schedule or amendment to an Association Document shall be considered a part of that document. (4) "Bylaws" means the Bylaws of Sunset South Owners Association. (5) "Common Elements" means all real property (including the improvements thereon), interests in real property and personal property now owned or hereafter acquired by the Association for the common use and enjoyment of all of the Owners. The Common Elements are subject to those easements and restrictions set forth in this Declaration. (6) "Common Expenses" means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. (7) "Declarant" means Housing and Economic Opportunities, Inc., its successors and assigns. (8) "Declaration" means this Declaration of Sunset South and any amendments hereto. This Declaration sometimes is referred to herein as the Restrictions. (9) "Development Period" means the period ending on the earliest of W 31,20 or (ii) the date specified by Declarant in a written notice to the Association that the Development Period is to terminate on that date. (10) "Dwelling" means the primary residential structure located on a Lot built in accordance with the requirements of this Declaration. (11) "Eligible Mortgage Holder" means the holder of a first deed of trust on a Lot who has requested in writing that the Association notify them of any proposed amendment to the Declaration, the Articles, or the Bylaws. (12) "Executive Board" means the Executive Board of Sunset South Owners Association, Inc. (13) "Lot" means those separately numbered and designated parcels shown on the Map. (14) "Owner" means the record Owner, whether one or more Persons, of a fee or undivided fee interest in a Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. (15) 'Permit" shall mean the North Carolina State Stormwater Management Permit Number SW 8030404 and any amendments, additions or replacements thereof, or any such permit obtained by Declarant. (16) 'Person" means a natural person, a corporation, business trust, estate, trust, partnership, association, joint venture, limited liability company or other legal or commercial entity. (17) "Stormwater Management Facilities" or "Stormwater Management Facility" as those terms are used herein shall mean all areas consisting of ditches, swales, stormwater retention ponds and any other improvement located in the Subdivision constructed pursuant to the Permit. (18) "Subdivision" means all of the property defined herein as Lots and Common Elements. (19) Any capitalized word not defined herein, unless it is plainly evident from the context of this Declaration that a different meaning is intended, shall, as used herein, have the meaning as set forth in N.C.G.S. 47F-1-103. I" Association - General Purposes, Membership and Voting (1) An association named Sunset South Owners Association has been or will be formed under the direction of Declarant pursuant to the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North Carolina as an association of the Owners of Lots. Its purposes are to own, manage, maintain, and operate the Common Elements and facilities located upon the Common Elements, specifically including, but not limited to, the Subdivision entrance signs, street lights, Stormwater Management Facilities, drainage pipes and drainage outlets, streets (until accepted for maintenance by a governmental 3 entity) and other improvements and amenities in the Subdivision owned by the Association; to enforce the Restrictions contained herein; and to make and enforce rules and regulations governing the Owners' use and occupancy of Lots and Common Elements. In addition to the foregoing, the Association has as its purposes the acceptance of the transfer of the Permit from Declarant and to take all actions and pay all fees required to effect such transfer of the Permit, and thereafter to oversee, inspect, manage and, when necessary, repair and replace all Stormwater Management Facilities located within the Common Area or on individually owned Lots. (2) To fulfill the general purposes of the Association as set forth herein, in the other Association Documents, and in the Act, the Association shall have all the powers set forth in the Act and the North Carolina Nonprofit Corporation Act and any other specific powers enumerated and set forth in the Association Documents. (3) Declarant, by this Declaration, and the Owners of individual Lots, by their acceptance of individual deeds thereto, covenant and agree with respect to the Association: (A) that each is a member of the Association; (B) that for so long as each is an Owner, each will perform all acts necessary to remain in good and current standing as a member of the Association; and (C) that each shall be subject to the rules and regulations of the Association with regard to ownership of a Lot. (4) Each membership in the Association shall relate to and have a unity of interest with an individual Lot which may not be separated from ownership of said Lot. (5) The Association shall have two (2) classes of members: Class A - The Class A member(s) shall be all Owners with the exception of any Owners who qualify as Class B members, and they shall be entitled to one vote for each Lot owned; provided, however, when more than one Person holds an interest in any Lot, all such Persons shall hold the membership with regard to such Lot in undivided interests. The vote of such multiple Owners of a Lot shall be exercised as they, among themselves, shall determine, but in no event shall any fractional vote be counted or more than one vote be cast with respect to any Lot. Class B - The Class B member shall be Declarant. Class B member shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon the occurrence of either of the following events, whichever first occurs: (i) December 31, 2010; or (ii) when the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership. 4 rii ]Management and Administration of Subdivision The Association shall be fully responsible for the maintenance, management and operation of the Common Elements and the Subdivision entrance signs, street lights, Stormwater Management Facilities, drainage pipes and drainage outlets, roads (until accepted for maintenance by a governmental entity) and other improvements and amenities in the Subdivision owned by the Association. The Association shall also be responsible for maintenance of Landscaping installed within the right of way of the Subdivision streets between the edge of the paved street and the boundary line of each Lot. The management shall be carried out in accordance with the terms and conditions of the Association Documents, but may be delegated or contracted to managers or management services. Provided, however, any contract entered into by the Association prior to the termination of the Class B membership shall contain a provision allowing the Association to terminate the contract without cause and without penalty or extra charge, at any time after the termination of the Class B membership upon ninety (90) days advance notice. Assessments for Common Expenses (1) Assessments: (a) Each Owner of any Lot by acceptance of a deed for same (whether or not it shall be so expressed in such deed) is deemed to agree to pay to the Association assessments as hereinafter provided. The assessments, together with interest, costs and reasonable attorneys' fees, subject to the provisions of Section (7) of this Article, shall be a continuing lien upon the Lot against which each such assessment is made. Furthermore, each assessment, together with interest, costs, and Reasonable Attorneys' Fees, shall also be the personal obligation of the Person who was the Owner of the Lot at the time when the assessment fell due. The personal obligation for assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such Lot. Assessments shall commence as to each Lot upon the delivery of the deed to the Person owning the Lot. (b) Subject to the limitations set forth herein upon the Declarant's obligation to pay assessments, the Executive Board shall establish and set the assessment for each Lot for each fiscal year and may provide that such assessments shall be payable installments during the fiscal year, which installment shall be no less frequent than monthly. The initial assessment for each Lot is Three Hundred Sixty and Nof100 Dollars ($360.00) per year. E (2) Annual Budget: (a) As provided in the Bylaws and subject to the restrictions and limitations provided herein, the Executive Board shall establish an Annual Budget in advance for each fiscal year. Such budget shall project all Common Expenses for the forthcoming fiscal year, including a reasonable allowance for contingencies and reserves. The budget shall take into account the maintenance obligations as set forth above and any projected or anticipated income. The Executive Board shall keep separate, in accordance with subparagraph (c) of this Section 2, items relating to the daily operation, management and maintenance of the Association and Common Elements from items relating to capital improvements. Upon adoption of such Annual Budget by the Executive Board, copies of said budget shall be delivered to each Owner and the assessment for said year shall be established, subject to the restrictions and limitations provided herein, based upon such budget; however, the non -delivery of a copy of said budget to each Owner shall not affect the liability of any Owner for such assessment. The Annual Budget shall be ratified by the Owners as provided by Section 4.5(m) of the Bylaws. Should the Executive Board at any time determine, in its sole discretion, that the assessments levied are, or may prove to be, insufficient to pay the Common Expenses of the Association during such fiscal year, or in the event of emergencies, the Executive Board shall have the authority to levy such additional assessment or assessments it may deem to be necessary. (b) The Executive Board, in establishing the Annual Budget, shall designate therein a sum to be collected and maintained as a reserve fund (the Capital Improvement Fund) for the periodic maintenance, repair and replacement of capital improvements to the Common Elements and Landscaping on the Lots. The amount to be allocated to the Capital Improvement Fund may be established by the Executive Board so as to collect and maintain a sum reasonably necessary to anticipate the need for repair, maintenance and replacement of capital improvements to the Common Elements and to maintain, repair and replace Landscaping on the Lots as provided herein. The Capital Improvement Fund shall be maintained in a separate account by the Association and such monies shall be used only for periodic maintenance, repair and replacement of capital improvements to the Common Elements and to maintain, repair and replace Landscaping on the Lots as provided herein. Any interest earned on monies in the Capital Improvement Fund shall not be expended for daily operation, management and maintenance of the Association and Common Elements. (c) All monies collected by the Association shall be treated as the separate property of the Association and such monies may be applied by the Association to the payment of any expense of operating and managing the Association, or the proper undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws, except that monies placed in the Capital Improvement Fund shall be used only for the specified purposes of said account. As monies for assessments are paid into the Association by any Owner, the same may be commingled with monies paid to the Association by the other Owners for the same purposes. Although all funds, including other assets of the Association, and any increments thereto or profits derived therefrom or from the leasing or use of Common Elements, shall be held for the benefit of the members of the Association, no member of the Association :l shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest therein, except as an appurtenance to his Lot. When the Owner of a Lot shall cease to be a member of the Association by reason of his divestment of ownership of such Lot, by whatever means, the Association shall not be required to account to such Owner for any share of the funds or assets of the Association, including any monies which such Owner may have paid to the Association, as all monies which any Owner has paid to the Association shall be and constitute an asset of the Association which may be used in the operation and management of the Association. (3) Except as herein provided, assessments for Lots shall be fixed at a uniform rate. (4) The payment of any assessment or installment thereof shall be in default if such assessment or installment is not paid to the Association within thirty (30) days of the due date for such payment. When in default, the delinquent assessment shall bear interest at such rate as may be determined by the Executive Board, but not greater than the rate permitted by the Act, from time to time, until paid in full. The Executive Board may establish procedures to collect delinquent assessments, together with penalties, interest and other charges as permitted by the Act; and, in accordance with such procedures, may declare the payment of any future installments of the assessment to be accelerated and the entire assessment due and payable immediately. (5) The assessments levied by the Association shall be used exclusively to pay Common Expenses and to promote the recreation, health, safety and welfare of the Owners and the improvement and maintenance of the Common Elements and Lots as provided herein. (6) The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. (7) The lien of the assessments provided for herein shall be subordinate. to the lien of army first lien deed of +?ust. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first lien deed of trust or any proceeding in lieu thereof, shall extinguish the lien (but not the personal obligation of the Person who was the Owner of the Lot at the time when the assessment fell due) of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. (8) In order to establish a working capital fund, upon the conveyance of a Lot, each such Owner shall contribute at closing an amount equal to one -sixth (1/6) of the assessment levied for the current year against such Lot, said sum to be paid to the Association. Said sum shall be an advance payment of regular assessments. 7 IY Special Assessments (1) Special assessments may be levied against Lots for such reasons as are provided in the Association Documents, and on such terms as provided by the Executive Board. Furthermore, special assessments may be assessed against a specific Lot to pay for the cost of curing a violation of the Association Documents and as may be provided otherwise for in the Act. No special assessments shall be levied upon any Lot owned by Declarant unless Declarant consents. Special assessments, together with interest, costs and reasonable attorneys' fees, shall be a continuing lien upon the Lot against which each such special assessment is made. Furthermore, each such special assessment, together with interest, court costs, and reasonable attorneys' fees, shall be the personal obligation of the Person who was the Owner of the Lot at the time when the assessment fell due. The personal obligation for delinquent special assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent special assessments shall continue to be a lien upon such Lot. It is provided, however, that no special assessments shall be levied upon a Lot until a Dwelling on such Lot either has been constructed and occupied or constructed and sold unless Declarant consents to such special assessments. (2) The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the special assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of special assessments on a Lot is binding upon the Association as of the date of its issuance. VI. Lien for Assessments Any assessment, together with interest at the rate specified herein, costs of collection, court costs, and Reasonable Attorneys' Fees, shall constituie a lien against the Lot upon which such assessment is levied. If such assessment is not paid within thirty (30) days after the date such assessment is due, the Association may record notice of the same in the Office of the Clerk of Superior Court of New Hanover County and thereafter proceed to collect such delinquent assessments and charges in accordance with the assessment collection policy established from time to time by the Executive Board. Action to collect delinquent assessments may include, but not be limited to, filing a Notice of Lis Pendens, bringing an action at law against the Owner personally obligated to pay the same and/or bringing an action to foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein. E VII. Compliance With Association Documents In the case of failure of an Owner to comply with the terms and provisions contained in Association Documents, the following relief shall be available: (1) The Association or an aggrieved Owner on his behalf shall have the right to bring an action and recover sums due, damages, injunctive relief, and/or such other and further relief as may be just and appropriate. (2) The Association, in addition to any other rights set forth in the Association Documents, is authorized and shall have the right to: (a) enter any portion of the Subdivision or a Lot on which, or as to which, a violation or breach exists and summarily to abate and remove, at the expense of the defaulting Owner, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions of the Association Documents, and the Executive Board, its agents or employees, shall not thereby be deemed guilty in any manner of trespass; and (b) to use self-help to remove or cure any violation of the Association Documents within the Subdivision. Such actions undertaken by the .Association shall be upon compliance with the Notice and Hearing procedures contained in this Declarationthe B54aws, procedures being ineer-peFated herein by r-efennee. However, notwithstanding any other provisions in the Declaration to the contrary, the Association, acting through its Executive Board may enforce any provision and regulations of the Association Documents by self-help specifically including, but not limited to, violations and defaults which create a health hazard, a dangerous or emergency situation, the towing of vehicles that are in violation of parking rules and regulations and removing of signs, mail boxes and other items of similar size which are in violation of the Association Documents. Additionally, the Board may elect to enforce any provision of the Association Documents without complying with the Notice and Hearing procedures through a civil action at law or in equity to enjoin any violation or to recover monetary damages or both. In any such civil action or lawsuit, to the maximum extent permissible, the Owner or occupant responsible for the violation for which abatement is sought shall pay all costs incurred by the Association, including Reasonable Attorneys' Fees actually incurred, if the court finds for the Association. (3) The Executive Board shall not impose a fine or penalty, undertake permitted remedial action, suspend voting or infringe upon other rights of an Owner or other occupant of a Lot for violations of the Declaration, the Bylaws or the Association's rules and regulations without compliance with the Notice and Hearing procedures contained in this Declaration be a � ) r �b • 1/^ 4 herein by 1{riVl VliGri. (4) The remedies provided by this Article are cumulative and are in addition to any other remedies provided in the Association Documents, by law and the Act. r� (5) The failure of the Association or any Person to enforce any provision of the Association Documents shall not be deemed a waiver of the right to enforce such provisions thereafter as to the same violation or subsequent violation of similar character. Property Rights of Lot Owners, Cross -Easements, and Exceptions (1) Every Owner of a Lot as an appurtenance to such Lot shall have a non-exclusive perpetual easement over and upon the Common Elements for each and every purpose or use for which such Common Elements were intended as determined by their type or for which such Common Elements generally are used, subject to the limitations and provisions contained herein. Such easements and rights shall be appurtenant to and shall pass with the title to every Lot, whether or not specifically included in a deed thereto, subject to the restrictions and limitations contained herein, including but not limited to, the following provisions: (a) The Association shall have the right to make reasonable rules and regulations respecting the use of same, and exercise any powers granted by the Act and the North Carolina Nonprofit Corporation Act. (b) The Association shall have the right, upon compliance with the Notice and Hearing Procedures contained in this Declaration-h-e-By4aws, to suspend the rights of an Owner to utilize the Common Elements and the improvements thereon during any period in which any assessment against such Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days for any other violation of the Association Documents. (2) Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Elements and facilities to the members of his family and guests. (3) Easements for the installation and maintenance of utilities and drainage facilities as shown on the Map are hereby reserved and retained by Declarant, together with c right to grant similar easement rights to other Persons. No structure, fence, planting, Landscaping or other material which may interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements may be placed in the easement areas without prior approval by the Committee. Structures, fences, Landscaping and other materials which have been approved by the Committee may be placed in the easement areas. The Committee may deny placement of structures, fences, Landscaping or other materials in the easement areas if it determines they would adversely affect the drainage or utilities of the Subdivision. 1" Architectural Committee and Architectural Restrictions (1) There hereby is constituted Sunset South Architectural Committee ("Committee") to be appointed, and replaced, and to possess the qualifications and powers as specified herein. The Committee shall consist of one (1) individual to be appointed by Declarant until Declarant releases its right, in writing, to make such appointment who shall serve until he resigns or is replaced by Declarant, which Declarant reserves the right to do. Declarant shall have the sole right to replace said member unless Declarant has released that right to appoint the member of the Committee. The right of Declarant to appoint, remove and replace the Committee shall expire upon termination of the Development Period without any further action or consent of Declarant, at which time the Executive Board shall thereafter have the right to appoint, remove and replace members of the Committee. Thereafter, the Committee shall be subject to such procedures and regulations as may be approved, amended, restated or modified from time to time at the direction of the Executive Board. (2) Before any Lot clearing, grading, or removal of trees, or before any structure, fence, building, wall, walkway, mailbox, paper box, sign, trash can holder, or any improvement, replacement or addition to any of same shall be commenced, erected, or maintained upon any Lot, or upon any Common Elements and before any alteration (including painting) of the exterior portion of any structure located upon the Lots or the Common Elements and before any alteration of the surface of any Lot or area appurtenant to any Lot including, but not limited to installation of Landscaping, in the Subdivision shall be commenced (except as shall be undertaken by the Declarant or the Association itself), the Person desiring to make such changes or erections shall submit and have approved by the Committee plans and specifications detailing the changes and erections. The plans and specifications must show the structure, kind, shape, height, color, material and location of the changes or erections. Applications to the Committee shall include two (2) complete sets of the final plans and specifications for any and all proposed improvements and other information requested by the Committee on its application forms and shall be (a) hand delivered to the current president of the Association, or (b) mailed certified or registered with return receipt requested io the registered office of the Association and marked to the attention of the Committee. (3) The Committee shall make its decision approving or disapproving the plans by taking into consideration the nature of the Subdivision, the aesthetics of the proposed changes or alterations, the harmony of the proposed change or erection with the architectural style of neighboring buildings (including the Dwelling on a Lot in the case of approval sought for permitted outbuilding appurtenant to the Dwelling), durability of construction, relative costs, and protection of the investment of the Owners of other Lots in the Subdivision. Submission of incomplete or inaccurate plans and specifications shall result in disapproval. One set of plans and specifications with the approval or disapproval of the Committee shall be returned to the party submitting them and the other copy shall be retained by the Committee for its permanent files. 11 (4) A majority vote of the Committee shall be required to take any action. If the Committee fails either to approve or disapprove any plans so submitted within thirty (30) days of receipt by the chair of the Committee, the plans will be deemed approved. The Committee does not have to hold formal meetings. Any action or decision of the Committee may be appealed to the Executive Board by the Person submitting such request to the Committee or any other party deemed by the Executive Board to have standing as an aggrieved party. The Executive Board may modify or reverse any such action or decision of the Committee or may grant reasonable variances of the requirements of this Article as generally permitted in Article XN. Any appeal to the Executive Board shall be in writing and delivered to the President of the Executive Board in the manner provided for delivery of notices set forth in Article XIX within ten (10) days following the decision by the Committee. (5) Neither the Executive Board, the Committee nor any agent of Declarant shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions or any structural or other defect in any work done according to such plans and specifications. (6) The requirements of this Article shall not constitute a lien or encumbrance on any Lot on which construction is complete, and any subsequent purchaser thereof is in no way affected by the failure of his predecessors in title to comply with the terms hereof. (7) Subject to approval of the Executive Board, the Committee may establish (a) such procedures and requirements for submittal and review of plans and specifications as it deems appropriate from time to time the review of plans and inspections which are not inconsistent with Sections (2), (3) and (4) above, (b) times during which construction may take place upon Lots or within Dwellings and (c) fees and costs associated with the review of plans and the conduct of inspections. X. Insurance (1) The Association shall purchase and maintain, to the cxtent reasonably available, hazard insurance against loss or damage by fire and similar perils for all improvements and fixtures owned by the Association located on Common Elements, including personal property of the Association. The insurance, if reasonably available, shall cover at least ninety percent (90%) of the current replacement costs of the improvements and fixtures, after application of any deductibles, as determined by the Association with the assistance of the insurance company providing coverage or consultant selected by the Executive Board. Coverage may exclude land, foundations, excavations, or other items that are usually excluded from insurance coverage. The insurance policy shall require that the insurer notify the Association in writing at least sixty (60) days prior to any substantial change in coverage or cancellation. The insurance policy shall also contain clauses providing for waiver of subrogation. 12 (2) If the property of the Association is located within a special flood hazard area, the Association may purchase and maintain flood insurance in amounts it deems necessary. Any such policy shall require the insurer to notify the Association in writing at least sixty (60) days prior to cancellation or any substantial change in the coverage. (3) The Association shall purchase and maintain at all times a comprehensive general liability insurance policy covering all Common Elements and any other areas that are under its supervision. The liability insurance shall insure against liability to the public or to Owners, their tenants, guests or invitees, relating in any way to the ownership, operation, maintenance and/or use of the Common Elements, and any part thereof, and any other areas under the Association's supervision. Such insurance policy shall, if reasonably available, contain a "severability of interest endorsement" or equivalent coverage which precludes the insurer from denying the claim of an Owner because of the negligent acts of the Association or other Owners. Limits of liability shall be at least One Million Dollars ($1,000,000) covering all claims for bodily injury and/or property damage arising out of a single occurrence. Coverage under this policy shall include, if available and economically feasible, legal liability arising out of losses related to employment contracts of the Association. The policy shall require the insurer to notify the Association in writing at least 10 days before the insurer cancels or substantially changes the coverage. The general liability insurance to be purchased pursuant to this subsection shall include Directors and Officers Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00), or, if such coverage cannot be obtained within said policy, a separate policy providing such coverage and in such amount shall be purchased by the Association. (4) Fidelity bonds or insurance coverage against dishonest acts on the part of such persons (including by way of illustration and not limitation, Association members, officers, directors, managers, agents, employees and volunteers) handling or responsible for funds belonging to or administered by the Association may be maintained by the Association if deemed necessary. In the event the Association has delegated some or all of the responsibility for handling of funds to a management agent, such bonds or insurance coverage may include officers, employees and agents of such management agent. Any such fidelity bond or insurance shall name the Association as the named insured. Any such policy shall contain a provision providing that it may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to the Association and all Eligible Mortgage Holders. (5) If the insurance described in Sections (1) and (3) above is not reasonably available, the Association promptly shall cause notice of that fact to be hand -delivered or sent prepaid by United States mail to all Lot Owners. (6) Any loss covered by the insurance maintained by the Association under Section (1) of this Article shall be adjusted with the Association; provided, however, all insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any mortgagee or beneficiary under a deed of trust. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Lot 13 Owners and their respective mortgagees as their interests may appear. Such proceeds shall be distributed and utilized as provided in the Act. (7) Each Owner shall be responsible for obtaining and shall pay the cost of any hazard insurance against fire and similar perils including flood on such Owner's Dwelling, personal property, fixtures and appliances. Each Owner's hazard insurance policy shall name the Association as a loss payee. Each Owner shall be responsible for purchasing and maintaining liability insurance covering his Lot and Dwelling. (8) If any Dwelling located on a Lot is destroyed by fire or other casualty, all rubbish and debris shall be removed with promptness after such fire or other casualty. In no event shall debris or rubbish remain on a Lot longer than two (2) months after such fire or other casualty. Provided, however, no such removal or demolition shall be required if prohibited by court order or if a legal or insurance investigation concerning such fire or casualty is ongoing. (3) The deductible, if any, of any insurance policy purchased by the Executive Board shall be a Common Expense; provided, however, that the Association may, pursuant to Article VI hereof, assess as a special assessment any deductible amount necessitated and arising from the act, misuse or neglect of an Owner or such Owner's tenant, household, guests, employees, agents and invitees. /W Restrictions on Use and Occupancy (1) All Lots shall be used for single family residential purposes only and no dwelling shall be erected on any Lot other than one detached single family dwelling not to exceed two and one-half stories in height, a one, two, or three car garage, and appurtenant accessory buildings or structures as .may be approved by the Committee. No permitted garage or accessory building shall be utilized for living quarters. No trailer, tent, mobile home, or other structure of a temporary character shall be placed on any Lot. All buildings shall be of wood, stone, brick, brick veneer, stucco; masonuite, or vinyl siding_ Any other materials must be approved by Declarant er he Committee. (2) No building shall be erected nearer to the front lot line, or side lot line, or rear lot line than the setback lines shown on the Map. (3) No dwelling erected on any Lot shown on the Map shall have less than 1100 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used herein shall be the total finished/heated area within the dwelling; provided, however, that such term does not include garages, terraces, decks, porches and other unheated areas. (4) No Lot shall be re -subdivided. 14 (5) No commercial trade or activity, or any noxious trade or activity whatsoever, shall be carried on upon any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to other Lot Owners. Unsightly, inoperative junk cars and like eyesores cannot be maintained on any Lot either prior to or after a dwelling has been erected on said Lot or on any Street located in the Subdivision and any such automobiles may be removed by the Declarant or the Corporation at the Lot Owner's expense. (6) Owner covenants that it will use, enjoy and occupy the dwelling on the Lot as Owner's primary and principal residence for Owner and his family. Owner shall not rent or lease the dwelling and Lot or permit the dwelling and Lot to be occupied by Persons other than Owner and his family members under any oral or written agreement. (7) All buildings, structures and their appurtenances located on a Lot shall be maintained in a suitable state of repair, and in the event of destruction by fire or other casualty, the Lot is to be cleared and debris removed within ninety (90) days from date of such casualty. (8) No animals, other than domesticated dogs, cats or other household pets, may be kept or housed on any Lot. No dogs, cats or other household pets may be kept, bred or maintained for any commercial purposes, nor may they be kept in such numbers or of such nature as to be or become a nuisance to adjoining Lot Owners or any residents of the Subdivision. Any housing or shelter constructed for said domesticated dogs or cats shall be screened with fencing (or otherwise) that shall be approved by Declarant or the Committee. Animals, when not housed, shall be on a leash at all times. (9) No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, and such materials may not be kept on any Lot, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Upon completion of construction of a dwelling, and as a part of the construction, the Owner of said Lot thereof shall generally landscape the Lot so as to be in keeping with the yards of the Owner's neighbors. The front yard areas of all Lots shall be generally smoothed and sodded at all street fronts. There shall be no mass clearing or stripping of trees from- any Lot without_ the prior written consent of the Declarant or the Committee. (10) No fence shall be erected on any Lot nearer the front property or lot line than the rear corners of the dwelling erected on said Lot, and all fences erected on any Lot shall not exceed four (4) feet in height and shall be constructed of wood or "PVC" type composition. No fence or structure of any kind shall be placed within utility and drainage easements shown on the Map or upon any Stormwater Management Facility except as permitted by the Permit. (11) No boat, motor boat, camper, trailer, school bus, motor home, mobile home, truck rated over one (1) ton, or other vehicle similar to any of the same shall be permitted to remain on any Lot, or in any parking space on or adjacent to any Lot, unless prior written consent for the same is obtained from the Declarant or the Committee, or unless the same is 15 properly stored in an enclosed area such that no part of such vehicle is visible to anyone from the Streets located in the Subdivision. (12) Any and all erosion from a Lot occurring as the result of any construction on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the occupancy of said dwelling by the Owner of the Lot or as required by any applicable law, regulation, rule or ordinance. (13) The maximum allowable "built -upon area" on any Lot in the Subdivision is 2,500 square feet. 'Built -Upon Area" includes any area constructed within the Lot property boundaries and that portion of the right-of-way between the front lot line and the edge of the pavement. 'Built -Upon Area" includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. All runoff from the Built -Upon Area on all Lots must drain into the permitted Stormwater Management Facilities. This may be accomplished through providing roof drain gutters which drain to the streets, grading the Lots to drain toward the streets or grading perimeter swales to collect Lot runoff and directing them into the Stormwater Management Facilities or into the streets. Lots that will naturally drain into the Stormwater Management Facilities are not required to provide these additional measures. The covenants set forth in this Paragraph (13) are intended to ensure ongoing compliance with State Stormwater Management Permit No. SW8030404 as issued by the Division of Water Quality under NCAC 2111000 and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the Subdivision by Declarant as provided herein (the "Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this Paragraph (13) to the extent necessary to maintain compliance with the Permit. The covenants set forth in this Paragraph (13) pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved stormwater plan for the Subdivision may not take place without the concurrence of the State. (14) In the event the Owner of a Lot shall damage or through negligent failure to act allow damage to occur to any drainage or utility easement or Stormwater Management Facilities located in the Subdivision, the Owner of said Lot shall be responsible and liable for the repair or replacement of said drainage or utility easement or the Stormwater Management Facilities as provided in these Restrictions. From and after the time the Permit is transferred to the Corporation, Declarant shall have no responsibility for maintaining any drainage easements or Stormwater Management Facilities in the Subdivision except drainage easements or Stormwater Management Facilities located on Lots owned by Declarant. Within the drainage and utility easements set forth in these Restrictions or shown on the Map, no structure, fencing, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities or which may change the direction or flow of drainage channels in the easements or violate the provisions of the Permit. 16 (15) It shall be the obligation of the Owner of any Lot in the Subdivision to provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on said Lot as said driveway crosses the ditch or swale line at the front of the Lot in order that the natural flow of drainage will not be at any time blocked along the street. The culvert or drainage pipe must be of sufficient size to accommodate the flow of surface water in the ditch line. In no instance shall said drainage pipe be less than 15 inches in diameter. This pipe shall be installed prior to the construction of any dwelling on a Lot. The foregoing provisions of this Paragraph 16 notwithstanding, all such culverts or drain pipes shall comply with the Permit. (16) Motor vehicles without current and valid licenses and inspections shall not be permitted to remain on any Lot or any Streets within the Subdivision. Motor vehicles utilized for commercial purposes shall not be permitted upon any Lot or upon the Streets within the Subdivision except during the construction of residential dwellings upon the Lots and for the delivery of goods and services to the residential dwellings located upon the Lots. (17) No signs of any type or description shall be placed on or displayed on a Lot or the improvements thereon except signs advertising the property as being for sale, which signs shall not exceed six (6) square feet in size. Special Declarant Rights In addition to rights elsewhere reserved by Declarant in this Declaration, the Articles and the Bylaws, Declarant hereby reserves those Special Declarant Rights as defined in the Act together with the following: (1) Declarant reserves the right to subject the Lots to a contract with any public utility or municipality for electricity and lighting to the Lots, including the installation of underground electric cables, which contract may require an initial payment and/or continuing monthly payments to such public utility or municipality by the Owner of each Lot. Such expense, including both initial and continuing monthly pay-iments, shall be an individual cost to be borne by each individual Lot Owner and is not a (common Expense paid through assessments. (2) Declarant hereby retains and reserves for itself, together with the right to grant similar easements to other Persons, perpetual non-exclusive general access and utility easements over, upon and under the streets, roads, utility lines, and drainage and utility easements existing in the Subdivision and/or shown on the Map. Such easements are non-exclusive and are for the purpose of providing utilities and access to property in the Subdivision area. Said easements shall run to the benefit of all parties and property to whom Declarant grants similar easements. Reference to access easements throughout this Declaration shall be interpreted to include perpetual non exclusive general access and utility easements for ingress, egress, regress, access and the maintenance and installation of utilities. 17 (3) Declarant retains and reserves a perpetual easement over and under the streets in the Subdivision for the purpose of installing, maintaining, and repairing power lines, light poles, light fixtures and other apparatus necessary for a street light system for the Subdivision. (4) Declarant retains and reserves for itself, together with the right to grant a similar easement to any other Person, a perpetual easement over and under the streets in the Subdivision for the purpose of installing, maintaining, and repairing water and sewer lines to service property in the Subdivision area. (5) The right to appoint the Committee as set forth in Article IX(1) of this Declaration. Declarant may transfer all or any portion of the Special Declarant Rights created or reserved hereunder to any Person pursuant to the provisions of the Act. Waiver No provision contained in Association Documents shall be deemed to have been waived, abandoned, or abrogated by reason of failure to enforce them on the part of any Person as to the same or similar future violations, no matter how often the failure to enforce is repeated. F.14VAI Variances The Executive Board in its discretion may allow reasonable variances and adjustments in the restrictions contained herein in order to alleviate practical difficulties and hardship in their enforcement and operation. Any such variances shall not violate the spirit or the intent of this document to create a Subdivision of hots owned in fee by various Persons with each such Owner having an easement upon areas owned by the Association. No variance or adjustment will be permitted if such would be materially detrimental or injurious to the welfare of the other property and improvements in the Subdivision as determined by the Executive Board. /M+ Duration, Amendment and Termination (1) The Restrictions contained in this Declaration shall run with and bind the Lots and Common Elements until May 1, 2023, after which time they shall automatically be extended for successive periods of ten (10) years. This Declaration may be amended in full or 18 part by an affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated; provided, that no amendment shall: (a) alter any obligation to pay ad valorem taxes on the Common Elements; (b) alter any obligation to pay assessments for street lighting as herein provided or affect any lien for the payment of same; (c) modify any provision contained herein which specifically requires the consent of another party to modify such provision unless the required consent of such other party has been obtained; or (d) modify the rights or add to the obligations of the Declarant unless the Declarant executes the instrument. To be effective any amendment must be recorded in the New Hanover County Register of Deeds office. (2) Until the termination of the Class B membership, Declarant may unilaterally amend this Declaration for any purpose; however, any such amendment shall not adversely affect the title to any Lot unless the Owner thereof shall consent in writing. (3) Invalidation of any of these Restrictions by judgment or court order shall in no way affect any other provision of these Restrictions which shall remain in full force and effect. (4) This Declaration and the Sunset South planned con.-nunity may be terminated only by written agreement signed by Owners of Lots to which at least eighty percent (80%) of the votes in the Association are allocated. Any such termination shall be in accordance with the provisions of N.C. Gen. Stat. § 47F-2-118. XVI. Common Elements: Private (1) All Common Elements and any facility thereon are private. Neither the Declarant's execution of this Declaration nor recording of the Map nor any other act of the Declarant with respect_ to the property is or is intended to be or shall be construed as a dedication to the public of any of the Common Elements. An easement for the use and enjoyment of each of the areas designated as Common Elements is reserved by the Declarant, its successors and assigns. (2) All Common Elements shall be owned by the Association and shall be accepted by the Association free and clear of all liens and encumbrances except pro rata ad valorem real property taxes for the year of conveyance, reasonable drainage and utility easements, the easement rights specified herein, including but not limited to, easement rights retained by Declarant herein, all government laws and regulations, and this Declaration. 19 Acceptance (1) The grantee of any Lot subject to these Restrictions, by acceptance of a deed conveying title thereto, or by the execution of a contract for the purchase thereof, whether from Declarant or a subsequent owner of such Lot, shall accept such deed or contract upon and subject to each and all of these Restrictions herein contained and also the jurisdiction, rights and powers of Declarant and the Association, and by such acceptance shall for himself, his heirs, personal representatives, successors and assigns, covenant, consent and agree to and with Declarant and the Association and to and with the grantees and subsequent owners of each of the Lots to keep, observe, and comply with the Association Documents. (2) Each such grantee also agrees, by such acceptance, to assume, as against Declarant, its successors and assigns, all of the risks and hazards of ownership or occupancy attendant to such Lot, including but not limited to its proximity to any Common Element or recreational facility. Captions The captions preceding the various Articles of these Restrictions are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of these Restrictions.. As used herein, the singular includes the plural and where there is more than one Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed. Throughout this Declaration, references to the masculine shall be deemed to include the feminine, the feminine to include the masculine and the neuter to include the masculine and feminine. XIX. Notice All notices provided for or permitted pursuant to these Restrictions shall be in writing and, except as is herein expressly otherwise provided, notice shall be deemed sufficient and service thereof completed upon transmittal by facsimile, hand -delivery or receipt, refusal or nondelivery of same when mailed postage prepaid to the party to or upon whom notice is being given or served at the address of such party last reflected on the records of the Association. KI7 ARTICLE XX Hearing Procedure Except as may be otherwise specifically authorized by this Declaration or. the Bylaws, the Executive Board shall not impose a fine or penalty, undertake permitted remedial action, suspend voting or infringe upon other rights of a member or other occupant for violations of the Declaration, the Bylaws, or the Association's rules and regulations, or during any period that assessments or other amounts due and owing to the Association remain unpaid for a period f thirty (30) days or longer unless and until the following procedure is followed: (1) Demand. Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying (i) the alleged viola ion: (ii) the action required to abate the violation: and (iii) a time period_. not less than ten (10) days, during which e violation may be abated without further sanction, if such violation is a continuing one. or a statement that any further violation may result in the a imposition of a sanction after notice and hearing if the violation is not continuing. (2) Notice. At any time within twelve (12) months following such demand. if the violation continues past the period allowed in the demand_ for abatement without penalty or if the same rule is subsequently violated. the Board or its delegate shall serve the violator with a written notice of a hearing to be held by the Covenants Committee if such committee is appointed. and if not the Executive Board of the Association in executive session The notice hall contain: (i) the nature of the alleged violation: (ii) the time and place of the hearing, which shall not be less than ten (10) days from the giving of the notice: (iii)_ an invitation to attend the meeting and produce anystatemen_ t. evidence and witness on his or her behalf: and (iv) the proposed sanction to be imposed. The notice prescribed herein may be served by mailing a cony of said notice to the alleged violator by placing said notice in the United States mail. postage prepaid, by any method as permitted for the service of summons as set forth in Rule 4 of the North Carolina Rules of Civil Procedure or by the de "very of said notice by an officer. director or agwA of the Association to the alleged violator or to any person who may be served on the alleged violator's behalf as provided in said Rule 4. (3) Hearing. The hearing shall be held in executive session of the Covenants Committee, if such committee is appointed or if not the Executive Board of the Association pursuant to the notice affording the member a reasonable opportunity to be heard. Prior to th_e effectiveness of any sanction hereunder. proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer. director or agent who delivered such notice The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction if v impo ed In addition a written statement of the results of the hearing and the sanction, if any, imposed shall be mailed by the United States mail, postage prepaid, by the Association to the violator. 21 (4) Anneal. Following a hearing before the Covenants Committee of the received by the managing agent of the Association President or Secretary of the Acsnriarion within thirty (30) days following the hearing date, said written notice to contain information by which the Executive Board may notify the alleged violator of the date of the anneal hearing If no Covenants Committee is appointed by the Executive Board no right of anneal shall exist (5) Sanction as Assessment. Pursuant to the =vi ions of this Section, a fine may be imposed by the Association is an amount not exceeding One Hundred Fifty and No/100 Dollars ($150.00) (or as may be provided otherwise by law) per violation of the Declaration the vlaws, and the Association's rules and regulations and without further hearing_ for each day after the decision to impose such fine that the violation occurs. Any such fine shall be an assessment as set forth in North Carolina General Statutes Section 47F-3-107(d) If it is decided_ pursuant to the provisions of this Section that a suspension of privileges or services should be imposed, the suspension may be continued without further hearing until the violation or elinauencv is cured. Liberal Construction The provisions of this Declaration shall be construed liberally to effectuate its purpose of creating a Planned Community of fee simple ownership of Lots with Common Elements governed and controlled by rules, regulations, restrictions, covenants, conditions, reservations and easements administered by an owners' association with each Owner entitled to and burdened with various rights and easements. IN TESTIMONY WHEREOF, the parties have caused this instrument to be executed in such form as to be binding, all by authority duly given, this the day and year first above written. HOUSING AND ECONOMIC OPPORTUNITIES, INC. a North Carolina nonprofit corporation LE President 22 STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public in and for said County and State, do hereby certify that personally came before me this day and acknowledged that he is President of HOUSING AND ECONOMIC OPPORTUNITIES, INC., a corporation, and that he, as President being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal, this the _ day of , 2003. My Commission Expires: Notary seal or stamp must appear within above box. 021074-0004-001 WLMAR-1\94525\1 Notary Public 23