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HomeMy WebLinkAboutSW7060903_HISTORICAL FILE_20090909STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE YYYYMMDD WaRo NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Natural Resources September 9, 2009 Mr. Phillip W. Harrington, Manager Phillip Harrington Enterprises, LLC PO Box 2232 Elizabeth City, NC 27906 Subject: Stormwater Permit No. SW7060903 Millbrooke High Density Subdivision Project Pasquotank County Dear Mr. Harrington: Dee Freeman Secretary The Washington Regional Office received a complete Stormwater Management Permit Application for the permit ownership transfer of Millbrooke on September 9, 2009 from 2 Invest, LLC to Phillip Harrington Enterprises, LLC. 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. SW7060903, dated September 9, 2009, for the continued construction of the subject project. The original permit issued for this project to "2 Invest, LLC" on September 28, 2006, is hereby rescinded. Please keep the original Stormwater "Approved" stamped plans, dated September 28, 2006, for this project at all times. This permit shall be effective from the date of issuance until September 28, 2016, 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 Scott Vinson, or me at (252) 946-6481. Si cer y, i Al od e o r Regional Supervisor Surface Water Protection Section AH/sav: C:ISTORMWATERIPERMITISW7060903 cc: Sean Robey, PE Pasquotank County Building Inspections ,,,,Washington Regional Office Central Files North Carolina Division of Water Quality Internet: www.ncwaterquality.org 011C 1 943 Washington Square Mall Phone: 252-946-6481 1 FAX: 252-946-9215 N Dialt t Caro i l li 4l Washington, NC 27899 FAX: 252-946-9215 An Equal Opportunily 1 Ahirmative Aelioo Employer ;Vaturally State Stormwater Management Systems Permit No, SW7060903 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 Phillip Harrington Enterprises, LLC Millbrooke Pasquotank County FOR THE construction, operation and maintenance of two wet detention ponds 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 September 28, 2016 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 in Section 1.6 on page 3 of this permit. The stormwater controls have been designed to handle the runoff from 12.22 acres of impervious area. The subdivision is permitted for 69 lots each having 5,500 square feet of built -upon area each. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 5. 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. Page 2 of 8 State Stormwater Management Systems Permit No. SW7060903 C.1 The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. Pond A Pond B a. Drainage Area, acres: 13.15 .11.95 b. Total Impervious Surfaces, ac: 5.66 6.56 C. Pond Depth, feet: 4.00 4.00 d. TSS removal efficiency: 90% 90% e. Design Storm: V 1" f. Permanent Pool Elevation, FMSL: 4.00 4.00 g. Permitted Surface Area @PP, ftz: 24,057 27,382 h. Permitted Storage Volume, ft3: 29,047 28,574 i. Storage Elevation, FMSL: 5.15 5.00 j. Controlling Orifice: 2.75"0 pipe 2.75" O pipe k. Permanent Pool Volume, ft3: 64,321 73,786 I. Forebay Volume, ft3: 13,525 14,563 m. Receiving Stream / River Basin: Knobbs Creek 1 Pasquotank o. Stream Index Number: 30-3-8 p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 1 2 3 "C - Sw" No homeowner/lot owner/developer shall fill in, after, 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. 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. If an Architectural Review Board or Committee 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 Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 8 State Stormwater Management Systems Permit No. SW7060903 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 its 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. 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. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7060903, as issued by the Division of Water Quality under 15A 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. Page 4 of 8 State Stormwater Management Systems Permit No. SW7060903 f. The maximum built -upon area per lot is 5,500 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 will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. 13. 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 contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must 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. 15. 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 not limited 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. 16. 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. 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. 19. Decorative spray fountains will be allowed -in the stormwater treatment systems, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in either wet pond is 0.25hp. Page 5 of 8 State Stormwater Management Systems Permit No. SW7060903 20. This permit shall be effective from the date of issuance until September 28, 2016. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Ill. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either 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. This may include, but is 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 all of 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. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. Permit issued this the 9t" day of September, 2009. N T AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleeri H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7060903 Page 6 of 8 State Stormwater Management Systems Permit No. SW7060903 Millbrooke Page 1 of 2 Stormwater Permit No. SW7060903 Pasquotank County Designer's Certification I, , as -a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull 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 Page 7 of 8 State Stormwater Management Systems Permit No. SW7060903 ` Certification Requirements: Page 2of2 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. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Pasquotank County Building Inspections Page 8 of 8 �pF W ATFRQ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0 � Coleen H. Sullins, Director Division of Water Quality Chuck Wakild, P.E., Deputy Director Division of Water Quality SURFACE WATER PROTECTION SECTION COASTAL STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: SW7060903 fj'1 ; ]) }�r0,4 2. Permit Holder's name: 2 Invest, LLC 3. Signing official's name: Phillip W. Harrington Title: Manager (person legally responsible for permit) 4. Mailing address: 760 Pitts Chapel -Road_ City:_ Elizabeth City State: NC ZipCode: 27909 Phone: 252-335-1997 FAX: 252-338-7656 (Area Code and Number) (Area Code and Number) II. NEW OWNER 1 PROJECT 1 ADDRESS INFORMATION 1. This request is for: (please check all that apply) x a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b. Name change of project (Please comp) x C. Mailing address change. (Please comr d. Other (please explain): 2. New owner's name to be put on permit: Phillip 3. New owner's signing official's name and title: Phl 4. New Mailing Address: Po Box 2232 State: NC ZipCode: 27906 Phone: 252-331 (Area C- 5. New Project Name to be placed on permit: Page 1 of 2 45 below) ;�10� j­eY4,�4L,, 7 S4� North Carolina Division of Water Quality Internet: www,ncwaterguality.org One 943 Washington Square Mall Phone (252) 946-6481 NorthCarolina Washington, NC 27889 Fax (252) 946-9215 ;j7tf/tallj/ An Equal Opportun4y/Affirmative Action Employer - 50% Recycled/1 Post Consumer Paper i Yll �i �+J PERMIT NAME/OWNERSHIP CHANGE FORM THIS. APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHAN E OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, Phillip W. Harrington , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: N�Date: New Applicant's Certifica ion: (Must be completed for all transfers of ownership) I, Phillip W. Harrington attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: 611- Date: 2 - 3 - O q THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality, SWP 943 Washinton Square Mall Washington, NC 27889 Page 2 of 2 Permit Number: SW7060903 (to be provided by DWQ) Drainage Area Number: Pond A Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ❑x does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ❑x does not incorporate pretreatment other than a forebay. Important maintenance procedures: -- Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem; How I will remediate theproblem: The entire BMP Trash debris is present. Remove the trash debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer aeplication. Vegetation is too short or too Maintain vegetation at a height of long. approximatel six inches. Form SW401-Wet Detention Basin O&M-Rev.3 Page 1 of 4 Permit Number: SW7060903 (to be provided by DWQ) Drainage Area Number: Pond A BMP element: Potentialproblem: How I will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to $wale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future eroblems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion 12roblems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the Rlants rather than s ra in . The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying, problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.3 Page 2 of 4 Permit Number: S W 7 0 6 0 9 0 3 (to be provided by DWQ) Drainage Area Number: Fond A BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2.2 5 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM ill in the blanks) 1.75 Pe manen`� --------------- -- Volume . 0 -ft Min. Sediment Storage FORERAY Pennanent Pool Elevation 4. 0 Pool Sediment Removal Elevation 1 . 0 Volume -------------------------------------- I _---- Bottom Elevation MAIN POND 1-ft Storage Form SW401-Wet Detention Basin O&M-Rev.3 Page 3 of 4 Permit Number: SW7060903 (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: Millbrooke BMP drainage area number: Pond A Print name: Phillip-W. Harrington Title: Manager/Member, Phillip Harrington Enterprises, LLC Address: Po Box. 2232, Elizabeth City, NC 27906 252-335— Signature: 1"r, Date: 2-5 - Or1 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, — �C„r�-e ,_._ CJCri�.lc- , a Notary Public for the State of `nCGrali�g , County of -PG5C1 u4c.rOS , do hereby certify that G s r r\ci�\­' personally appeared before me this'3Yd day of . k �9 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official t r� \OO\\11I I I I ill//!I.� \,\\N P� p,N N E J i �No Os y, :rn _ QG SLIC 'lllft f l l l i l 111����\ SEAL My commission expires LP - t Q - i 3 Form SW40I-Wet Detention Basin O&M-Rev.3 Page 4 of 4 Permit Number: SW7060903 (to be provided by DWQ) Drainage Area Number: Pond B Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does x❑ does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does X❑ does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set Iocation and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash debris is present. Remove the trash debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. Form 5W401-Wet Detention Basin O&M-Rev.3 Page 1 of 4 Permit Number: SW7060903 (to be provided by DWQ) Drainage Area Number: pond B BMP element: Potentialproblem: How I will remediate the roblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than s ra yin . The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50 % of with pesticide (do not spray). the basin surface. Form SW40I-Wet Detention Basin O&M-Rev.3 Page 2 of 4 Permit Number: SW7060903 (to be provided by DWQ) Drainage Area Number: Pond B BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs re air. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2 - 25 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM Ull in the blanks) Permanent Pool Elevation 4 . 0 Sediment Removal 1 - 75 ---- Pe manen Pool C---------- -- Volume Sediment Removal Elevation 1 -0 Volume Bottom Elevatio 1.0 ftMin. -----"'___________________ Sediment Bottom Elevation 0. 0 !_1_14n. Storage Sediment Storage FORERAV MAIN POND Form SW401-Wet Detention Basin O&M-Rev.3 Page 3 of 4 Permit Number: S W 7 0 6 0 9 0 3 (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Projeciname: Millbrooke BMP drainage area number: Print name: Phillip W. Harrington Title: ManagPr./Me h,—,_r_,__ Phi l l iz Harrington antPr= ri .sP.s, T T r Address: PO Box 2232, Elizabeth City, NC 27906 Phone: 252-335-4520 Signature: U/ Date: 2 3 - 0 9 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. LGfN'nVQ _S C,9 I - r, a Notary Public for the State of County of k,, -cLc\K , do hereby certify that t' Ir1111 W . r�r1 a+n personally appeared before me this3rd day of C-,kbrU_cV-V,a , and acknowledge the due execution of the forgoing wet detention Lin maintenance requirements. Witness my hand and official NE •'N0T,g91;. m P A�eLt� NKIIG�O_�\`\\`\`\ SEAL My commission expires & - I Q - 13 Form SW401-Wet Detention Basin O&M-Rev.3 Page 4 of 4 Mr. Lucien O. Morrisette, Member 2 Invest, LLC 764-Pitts Chapel Rd. Elizabeth City, NC 27909 Dear Mr. Morrisette: Michael F. Easley, Govenioroa u William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality owe September 28 2006 ow ;A., 9 Subject: Stormwater Perfnit No. SW7060903 Millbrooke High Density Subdivision Project Pasquotank County The Washington Regional Office received a complete Stormwater Management Permit Application for Millbrooke on September 6, 2006. 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 21-1.1000. We are forwarding Permit No. SW7060903, dated September 28, 2006, for the construction of the subject project. This permit shall be effective from the date of issuance until September 28, 2016, 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 Scott Vinson, or me at (252) 946-6481. Sincerely, AI lodge Regional Supervisor Surface Water Protection Section AHlsav: C:ISTORMWATERIPERMIT1SW7060903 cc: Sean Robey, PE Pasquotank County Building Inspections Washington Regional Office Central Files �o�se N,Caro dvaturai North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Sen'ice Intemet: %vww.ncwaterqualiry.ore 943 Washington Square Mall, Washington, NC 27889 I-877-623-6748 An Equal OpponunitylAftirmative Action Employer- 50% Recycled110% Post Consumer Paper �A -- If- ... I State Stormwater Management Systems Permit No. SW7060903 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 2 Invest, LLC Millbrooke Pasquotank County FOR THE construction, operation and maintenance of two wet detention ponds 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 September 28, 2016 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 in Section 1.6 on page 3 of this permit. The stormwater controls have been designed to handle the runoff from 12.22 acres of impervious area. The subdivision is permitted for 69 lots each having 5,500 square feet of built -upon area each. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 5. 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. Page 2 of 8 State Stormwater Management Systems Permit No. SW7060903 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all.times. Pond A Pond B a. Drainage Area, acres: 13.15 11.95 b. Total Impervious Surfaces, ac: 5.66 6.56 C. Pond Depth, feet: 4.00 4.00 d. TSS removal efficiency: 90% 90% e. Design Storm: 1" 1" f. Permanent Pool Elevation, FMSL: 4.00 4.00 g. Permitted Surface Area @PP, ft2: 24,057 27,382 h. Permitted Storage Volume, ft3: 29,047 28,574 i. Storage Elevation, FMSL: 5.15 5.00 j. Controlling Orifice: 2.75"0 pipe 2.75"0 pipe k. Permanent Pool Volume, ft3: 64,321 73,786 I. Forebay Volume, ft3: 13,525 14,563 m. Receiving Stream 1 River Basin: Knobbs Creek 1 Pasquotank o. Stream Index Number: 30-3-8 p. Classification of Water Body: "C; Sw" ll. 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 Board or Committee 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 Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 8 . State Stormwater Management Systems Permit No. SW7060903 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 its 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. Uparr: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. 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. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoi g compliance with State Stormwater Management Permit Number SW7060_5ffl, as issued by the Division of Water Quality under 15A NCAC 2H.1000. 9C3 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. Page 4of8 State Stormwater Management Systems - Permit No. SW7060903 f. The maximum built -upon area per lot is 6,500 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 will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. 13. 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 contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must 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. 15. 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 not limited 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. 16. 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. 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. 19. Decorative spray fountains will be allowed in the stormwater treatment systems, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in either wet pond is 0.25hp. Page 5 of 8 State Stormwater Management Systems Permit No. SW7060903 20. This permit shall be effective from the date of issuance until September 28, 2016. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either 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. This may include, but is 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 all of 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. 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 28th day of September, 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7060903 Page 6 of 8 5 State Stormwater Management Systems Permit No. SW7060903 Millbrooke Page 1 of 2 Stormwater Permit No. SW7060903 Pasauotank County Designer's Certification 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 Page 7 of 8 State Stormwater Management Systems Permit No. SW7060903 Certification Requirements: Page 2of2 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. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. $. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been.provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office ' Pasquotank County Building Inspections Page 8 of 8 0 OFFICE USE ONLY Date Received Fee Paid Permit Number r State of North Carolina R7Q7�[7:9Y[ZT7 Department of Environment and Natural Resources Division of Water Quality SEP --6 2006 STORMWATER MANAGEMENT PERMIT APPLICATION FORM—,,, r This form may be photocopied for use as an original UV J ti � I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc, who owns the project): 2 Invest, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Lucien 0, Morrise'tte, Member 3. Mailing Address for person listed in item 2 above: 760 Pitts Chapel road City: E1 J zahet-h City State: NC Zip:27909 Telephone Number: ( 252 ) 339-1997. 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Location of Project (street address): off of Halstead Blvd City:_Hlizabeth City - County:_,-ka'squat:ank 6. Directions to project (from nearest major intersection): From the intersection of NC 344 (Halstead Blvd) and US 17 (Hughes Blvd) _travel Southwest on NC 344 approximated 1 mile. Project is on right, behind Carolina Chrystler 7. Latitude: 360 1 7 , Longitude: 760 1 2 - of project 8. Contact person who can answer questions about the project: Name: -.Kimberly D- Hamby �_ _ Telephone Number: ( 252 3,35-1888 IL PERMIT INFORMATION: 1. 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 and its issue date (if known) 3. Specify the type of project (check one): Low Density xHigh Density Redevelop General Permit Other 4, Additional Project Requirements (check applicable blanks): TCAMA Major Sedimentation/Erosion Control _404/401 Permit xNPDES 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. run off from lots will zheet 1 across grassed yards into rear lot line ditches with 6:1 side slopes & into the roadway where curb and gutter routes Stormwater to: a piped drainage system that drains to two detention ponds designed for 90% TSS removal 2. Stormwater runoff from this project drains to the Pasquotank River basin. 3. Total Project Area:_2_a,43 acres 4. Project Built Upon Area: 42.98 % 5. How many drainage areas does the project have? 3 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 Knobbs Creek Knobbs Creek Receiving Stream Class I C SW C SW -11.95. AC Drainage Area AC Existing Impervious" Area Proposed Impervious`Area 5.66 AC 6.56 AC % Impervious" Area (total) 43.04 54.9% Impervious" Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings On -site Streets 1.08 AC 1.81 AC On -site Parking On -site Sidewalks .29 A .33 AC Other on -site lased cn per lot limits 4.29 AC 4.42AC Off -site Total: 5.66 AC Total: 6.56 AC * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form S WU-101 Version 3.99 Page 2 of 4 Attachment to Stormwater Management Permit Application Form Information for Third Drainage Area for Millbrooke Subdivision Basin Information Draina se Area 3 Receiving stream name Knobbs Creek Receiving stream class C Sw Draina e area 3.33 AC Existing impervious area 0 Proposed impervious area 0 % impervious area (total) 0 Impervious surface area Drainage Area 3 On -site buildings 0 On -site streets 0 On -site parkin 0 On -site sidewalks 0 Other on -site 0 Off -site 0 Total: 0 7. How was the off -site impervious area listed above deri 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. 1. 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. Z No more than 5, 500square feet of any lot shall be covered by structures 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. 3. Swales shall not be filled in, 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 runoff 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 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of VI. 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. 1. Please indicate that you have provided the following required information 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 Details of roads, drainage features, collection systems, and stormwater control measures 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 buffers (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. Designated agent (individual or firm): Hylton & Ptbey, PC Mailing Address: 150 A 1E Hwy 158 R�St City: car&n State: i2 Zip: 27921 Phone: ( 252 ) 335.1838 Fax: ( 252 ) 338-5552 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) _Lucien 0. M o r r i 5 e t t e certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be const5akeln conformance with the approved plans, that the required deed restrictions and protective cov Want 1 b ecorde nd that the proposed project complies with the requirements of 15A NCAC 2H .1000. /1 Date: O0Z Form SWU-101 Version 3.99 Page 4 of Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for Use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: millbizQ0kQ Contact Person: Lu c i en -m- r r j s e t t e Phone Number: _ For projects with multiple basins, specify which basin this worksheet applies to: Pond A elevations Basin Bottom Elevation 0 ft. Permanent Pool Elevation 4 ft. Temporary Pool Elevation 5.15 ft. areas Permanent Pool Surface Area 24 , 057 sq. ft. Drainage Area 13.15 ac. Impervious Area volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SAIDA 1 Diameter of Orifice Design Rainfall Design TSS Removal Z 5.66 ac. 64,321 cu. ft 29,047 cu. ft 13,525 cu. ft (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20% of total volume) 3.9 (surface area to drainage area ratio from DWQ table) 2.75 in. (2 to 5 day temporary pool draw -down required) 6.3 in. (10year ) 90 % (minimum 85% required) Form SWU-102 Rev 399 Page 1 of 4 Footnotes: When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. 11. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). ��f2�r) U[.&h b. The forebay volume is approximately equal to 20% of the basin volume. WAM c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. _—_____---- e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. min h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. — — — — — — — — — — — k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. (pump) III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does ID does not incorporate a vegetated filter at the outlet. This system (check one) 0 does ID does not incorporate pretreatment other than a forebay. lAorm SW U-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2. 25 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM ill in the blanks) Permanent Pool Elevation 4.0 Sediment Re oval El. 1_, ;_ _7 KK 175 0 ____ _______ _♦ Sediment Removal Elevation 1 .0 75% Bottom Ele anon 1 f %_____________________.._____________________--------- FOREBAY Bottom Elevation 0 25% MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Lucien 0. Morrisette Title: Membe 2 Inveat, LLC Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. A I, S.k4l a Notary Public for the State of NO-CartIt Y1G_ , County of M&&C do hereby certify that personal I appeared before me this .�_ day of QQbLc' , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, RR OFFICIAL SEAL �} Notary Public, North Carolina !Jf County of Currltuck Carry J. Callla My Commission Expires Aug. 22, SEAL My commission expires a 0 Form SWU-102 Rev 3.99 Page 4 of 4 Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Contact Person: T.iic-;,-n-Morrisette Phone Number: (252) 339-1997 For projects with multiple basins, specify which basin this worksheet applies to: Pond B elevations Basin Bottom Elevation 0 ft. (floor of the basin) Permanent Pool Elevation 4 ft. (elevation of the orifice) Temporary Pool Elevation 5 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 27 , 382 sq. ft. (water surface area at the orifice elevation) Drainage Area 11.95 ac. (on -site and off -site drainage to the basin) Impervious Area 6.56 ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume 73,786 cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 28,574 cu. ft. (volume detained above the permanent pool) Forebay Volume 14,963 cu. ft. (approximately 20% of total volume) Other parameters SA/DA I 4.8 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 2.75 in. (2 to 5 day temporary pool draw -down required) Design Rainfall 6.3 in. (10 year) Design TSS Removal 2 90 % (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: r When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed basest upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design Tables for both 85% TSS removal and 90% TSS removal. II. REQUIREI) ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 21-1 .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Tf a requirement has not been met, attacti,justification. Applicants Initials KWI f it, The permanent. pool depth is between 3 and 6 feet (requires[ minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 clays. ----------- e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. — — — — — — — — — — — k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. I. If the basin is used for sediment and erosion control daring cortstrtiction, clean out Of, the basin is specified prior to use as a wet detention basin. III. A mechanism is specified which will drain the basin for maintenance or an emergency. (pump) Ili. WET DETENTION BASIN OPERATION AND MAINTENANCE ACREEME.N`i' The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 1® does not incorporate a vegelaled filter at the outlet. This system (check one) 0 does D sloes not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Attachment to WET DETENTION BASIN SUPPLEMENT For Millbrooke Pond A Pond has been designed for 90% TSS removal. k. The pond is located on property that will be maintained by the property owner's association and it will discharge directly into wetlands located on site. Pond B e. Pond has been designed for 90% TSS removal. k. The pond is located on property that will be maintained by the property owner's association and it will discharge directly into wetlands located on site. Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect. the wet detention basin system for sediment accumulation, erosion, trash a.ccurrltilation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maxrnlunl height of six inches, and remove trash as needed. 3. Inspect and repair (lie collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2. 25 feet in the forebay, the sediment shall be removed. sedimerir Rcri 01 1"1. _1-,7- ♦ 7 Bottom Ele atian 1 . 0 2 l'OREBAY BASIN DIAGRAM (fill in Tire hlrr,rks) Pennanent fool Elevation 4 Q sedimem Ruuoval 1s1evarion 1 . 0 175% Bottom Elevation MAIN POND 0 � 25% 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. G. if the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SW U-102 Rev 3.99 Page 3 of 4 All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name:_ L,uci 2rt O. Morris,QttQ -� Title: Member, 2 Invest, LLC Ad Ph Sit Da Note. The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, os!� tId-U1116'a Notary Public for the State County of Q-„ty-' )L, o hereby certify that L�-kt i Cc � MOt`n-"1Z24Ae_ personally appeared before me this 1 day of ember MLC , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, OFFICIAL SEAL Notary Public, North Carolina County of Currituck Carrie J. C0111e My Commission Expires Aug. 22, 2009 SE -AL My commission expires g(-:�165 Form SWU-102 Rev 3.99 Page 4 of 4 AGE 11111111111111111 � f2l This document presented and filed: 05/1612016 11:39:03 AM JOYCE W. PRfrCHARD, Pasquotank Cow", NC Excise Tax; $0.00 PASQUOTANK COUNTY Deed number _ & - L1 7 _ Transfert" —0 Delinquent tax 8 `� Pasquotank Count), Assessor's Office Excise Tax $ 1 Recording Time, Book and Page Tax Lot No.: P9o-208 Parcel Identifier No.: 891303228400 Verified by County on the _ day of 20_ by Mail after recording to THOMPSON & PUREZA, P.A., ioi West Main Street, Elizabeth City, NC 27909 This instrument was prepared by David R. Pureza (NO TITLE EXAMINATION REQUESTED OR PERFORMED) Brief Description for the index Millbrooke Subdivision Open Space 1 tii5 uhtu maae NORTH CAROLINA NON -WARRANTY DEED GRANTOR I GRANTEE PHILLIP HARRINGTON ENTERPRISES, LLC, MILLBROOKE PROPERTY OWNERS' ASSOCIATION, INC., A North Carolina limited liability company a North Carolina non-profit corporation Post Office Box 2232 7o60 Pitts Chapel Road Fliaabeth City, NC 27906 Elizabeth City, NC 27409 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNFSSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all those certain lots or tracts of land situated in the City of Elizabeth City, Elizabeth City Township, Pasquotank County, North Carolina, and more particularly described as follows: All of that certain tract or parcel of land described, delineated and designated as "OPEN SPACE PARCEL" on Page 5 of that certain plat entitled in part "FINAL PLAT FOR MILLBROOKE", said plat being prepared by Kenneth M. Seymour, Registered Surveyor, dated June 3, 2008, which plat is recorded in Map Book 5o, at Pages 4 - 8, of the Pasquotank County Registry, and incorporated herein by reference for a more particular description of the property herein described. THIS IS A EED OF GIFT The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 1003, Page 674. A map showing the above -described property is recorded in Map Book 5o, Page 5. BK 1254 PG 081 DOC#434834 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. PMU IP HARRINGTON ENTERPRISES, LLC By: A& W` ?q4� Phillip W. Harrington, Member/Manager R. iAIr$I'r�d1I;P r • = LSLIC M C 001C •` State of North Carolina - County of Pasquotank I, the undersigned Notary Public of the County and State aforesaid, certify, that Phillip W. Harrington personally came before me this day and acknowledged that he is the Member/Manager of PHILLIP HARItINGTON ENTERPRISES, LLC, a North Carolina limited Liability Company, licensed to do business in North Carolina, and that by authority duly given and as the act of such entity, they signed the foregoing instrument in its name on its behalf as its act and deed. Witness myjland and Notarial stamp or seal, this day of January, 2o15 David R. 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DATE OESCFLPTION NPE EEEf OF Bull IRY/ AAV \ o NjF Q ii)M1Y2 \'� �1 WVyel O. OANS al arW i $HEFT TITLE: .l1 (PLY SOr i0 ABWV N G ONMP9V AHB We 8 6 � a BA"S B I FINAL PLAT B. 65Z P0. 61 GRAPHIC SCALE EYn+sBUn V 4C N04[Ormrni .95Bb.tmyr ` LO) 4 4/J BOQi 109 15 J ee SHEEF NUMBEri ZONED' p/6,E5r6 f1W.tt_ PVACMY PoCq rO wle�rr4 \ _ ki*tJernr o�y"r'Pt]»a ,x�utinr4�wn AEIEUAt H. i ESTATE { m Yxe7 } E ROY COOPER Governor MICHAEL 5. REGAN Secretary BRIAN WRENN Ading Director' NORTH CAROLINA Environmental Quality March 9, 2020 Phillip W. Harrington Enterprises, LLC Attention: Mr. Phillip Harrington, Manager P.O. Box 2232 Elizabeth City, NC 27906-2232 Subject: Stormwater Permit No. SW7060903 Renewal Millbrooke High Density Stormwater Project Pasquotank County Dear Mr. Harrington: A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7060903 for a stormwater treatment system consisting of two wet detention ponds to serve Millbrooke Subdivision located cn Millbrooke Circle in Elizabeth City, NC expires on September 28, 2020. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. To keep this permit active please submit a completed permit renewal application along with a $505.00 fee for permit renewal. if this property has changed hands a transfer of ownership application will also be needed. Permits are not automatically transferred with the transfer of ownership of property. Permit application forms for renewal and ownership transfer can be found on our website at: littos: / /dea.tic.Eyov/about/divisions /ener�rv-tTii tieral-land-resources lever{zv-mineral-laud- rules/stormwater-program/post-construction. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, 1 can e-mail you a copy of the application forms. You can request a copy by e-mailing me at ro enthor e ncdenr. ov. Sincerely, 7 Roger K. Thorpe Environmental Engineer Norrh Carolina Department of Environmental Quality I Division of Energy. Mineral and Land RFSOUrces Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 TH r •»�yn r�� 252946.6481 North Carolina Secretary of State Search Results Page 1 of 1 • File an Annual Report/Amend an Annual Report - Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List - View Filings - Print a Pre -Populated Annual Report form - Print an Amended a Annual Report form Limited Liability Company Legal Name Phillip Harrington Enterprises, LLC Information Sosld: 0722266 Status: Current -Active Date Formed: 4/22/2004 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Harrington, Phillip Addresses Principal Office 760 Pitts Chapel Road Elizabeth City, NC 27909-7864 Mailing Post Office Box 2232 Elizabeth City, NC 27906-2232 Company Off iciats Reg Office 760 Pitts Chapel Road Elizabeth City, NC 27909-7864 Reg Mailing 760 Pitts Chapel Road Elizabeth City, NC 27909-7864 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manaaer Phillip Harrington 760 Pitts Chapel Road Elizabeth City NC 27909 https:llwrN,w.sosnc.go�,/online_serviceslsearchlBusiness_Registration_Results 3/9/2020 w"[•, r LIMITED LIABILITY COMPANY ANNUAL REPORT ;mn..or� NAME! OF IL'IMITEDUTASILITY,COMPANY: Phillip Harrington_Enterprises, CLC 'SECRETARY0F'STATE1ID NUMBER: 072226R REPORT FOR THE CALENDAR YEAR: 2019 SECTION A: REGISTERED AGENTS INFORMATION STATE OF FORMATION: NC '1. NAME OF ,REGISTERED AGENT: Hanl•in,gton, Phillip 2. SIGNATURE OF THE,NEW REGISTERED AGENT: - Filed Annu31 Report 1908100362 !019 08:25 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED 'OFFICE ST.REEF.ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 760 Pitts Chapel Road 760 Pitts Chapel Road Elizabeth -City, NC 27909-.7864 Pasgtlotank County Elizabeth City, NC 27909-7864 SECTIOW& PRINCIPAL OFFICE.IN FORMATION 1.!DESCRIPTION OF.NATURE OF BUSINESS: Real Estate Investing & Development 2. P.RINCIPAL OFFICE PHONE NUMBER: (252) 335-4520 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4.]PRINCIPAL'DFPICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 760 Pats Chapel Road Post Office Box 2232 Elizabeth City, NC 27909-7864 Elizabeth City, NC 27906-2232 6.'Select one�f the following if applicable. (Optional see instructions) Thecarnpany-isaveteran-owned Small business The company isa se Mce-d isa bled veteran -owned small business 'SECTION aC: °COMPANY OFFICIALS (Enter additional company officials in Section EJ (NAME: Phillip Harrington NAME:: TITLE: imanager TITLE: ADDRESS: 760 Pitts Chapel Road Elizabeth,Gity, Ih1C27909 ADDRESS: NAME: TITLE: ADDRESS: SECTION ;a_ CEFMRCATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Phillip iHarfington 'SIGNATURE !Fnr:nimust'besiarrec9 a'C�mpany+ci81 listed under Section C of This form. 3/22/2019 DATE Fhilli,p fHarring2n Manager 'Print or Tyrpe�Name of Company Otfir ial Print or TypeTitte of Company Official This,AnnailReport .tm been fled electronically. ?AAILTO: Socrafary af'Stata, Business Reristralion Division, Post Office Box 29525. Rategh, NC 2762MS25 North Carolina Secretary of State Search Results Page 1 of 1 • Upload a PDF Filing - Order a Document Online • Add Entity to My Email Notification List - View Filings Non -Profit Corporation legal Name MILL BROOKE PROPERTY OWNERS' ASSOCIATION, INC. Information Sosld: 1077147 Sta 'us: Current -Active Date Formed: 12/30/2008 Citizenship: Domestic Annual Report Due Date: CurrentAnnual Report Status: Registered Agent: Harrington, Phillip W. Addresses Reg Office Reg Mailing 7000 Pitts Chapel Road P.O. Box 2232 Elizabeth City, NC 27909 Elizabeth City, NC 27906 https://www.sosnc.gov/online—services/search/Business_Registration_ResultS 3/9/2020 Filed in Pasquotank County,Nr obAf[M DollleJ?Summerour fieglster of Deeds Bopk 1040 page 914 RECEIVED SEP 1 `b 2009 DWQ PROJ # STATE OF NORTH CAROLINA COUNTY OF PASQUOTANK Prepared by: David R. Pureza DECLARATION OF COVENANT'S, CONDITIONS AND RESTRICTIONS FOR lYIILLBROOKE THIS DECLARATION, made this 7-20 day of 2oo9, by PHILLIP HARRINGTON ENTERPRISES, LLC, a North Car i a limited liability company, hereinafter called Declarant; WITNESSETH: THAT WHEREAS, Declarant is the Owner of certain real property located in Mount Hermon Township, Pasquotank County, North Carolina, and more particularly described as follows: See "Exhibit A" attached hereto and made a part hereof. WHEREAS, Declarant desires to establish certain restrictions relating to the use of said property and impose certain criteria, with respect to the construction, maintenance and operation of improvements and common areas on said property as hereinafter set forth; and WHEREAS, Declarant as owner of said property, for the benefit of itself and its successors and assigns, is desirous of providing for the survival of the restrictions, obligations and rights imposed upon and benefiting the property which shall survive a conveyance or lease of any or all of said property; and WHEREAS, Declarant is desirous of establishing certain rights and imposing certain obligations with respect to ingress and egress to said property, the common areas within said property and with respect to utility easements servicing said premises; NOW, THEREFORE, Declarant hereby covenants, agrees, declares and makes known that the parcels of real property hereinabove described are hereby subjected to the following restrictions as to the use thereof, which said restrictions shall run with said lands by whomsoever owned, and shall be binding upon the successors in interest of the Declarant: ARTICLE I The real property which is, and shall be held, transferred, sold and conveyed subject to the Protective Covenants set forth in the Articles of this Declaration is located in Mount Hermon Township, Pasquotank County, North Carolina, and is more particularly described as follows: Being all of Lots i through 69 as shown and delineated on that certain map or plat ntitled in part "FINAL PLAT FOR MILLBROOKE" dated 3 O� prepared b Hyman & Robey, P.C., which said map or plat is recorded in Map Book, Pages_`:] , Pasquotank County Public Registry and by reference is incorporated herein. The real property described in Article I hereof is subject to the Protective Covenants and Book 1040 Page 916 respect to any lot. ARTICLE IV MANAGEMENT AND ADMINISTRATION The management and administration of the affairs of the Community Use Areas and maintenance of the stormwater drainage facilities of the Subdivision shall be the sole right and responsibility of the Corporation. The management shall be carried out in accordance with the terms and conditions of these Restrictions, the Articles and the By -Laws of the Corporation, but may be delegated or contracted to managers or management services. ARTICLE V COMMUNITY EXPENSES The community expenses of the subdivision include: A. All amounts expended by the Corporation in operating the affairs of the Corporation; operating, administering, managing, repairing, replacing and improving the Community Use Areas of the Subdivision, and maintenance of the stormwater drainage facilities; all amounts expended by the Corporation in insuring the Community Use Areas in the subdivision; all amounts expended by the Corporation in legal, insurance, engineering, or architectural fees; all similar fees which may be incurred by the Corporation from time to time in performing the functions delegated to the Corporation by these restrictions; and all amounts expended in any form by the Corporation in enforcing these restrictions, the Articles or the By -Laws. B. All amounts expended by the Corporation in carrying out any duty or discretion as may be required or allowed by these restrictions, the articles or the By - Laws, C. All amounts declared to be community expenses in the By -Laws or in these restrictions. D. All taxes and special assessments which may be levied from time to time by any governmental authority upon the Community Use Areas in the Subdivision. ARTICLE VI ANNUAL GENERAL ASSESSMENT A Each owner of the lands referred to in the description set forth hereinabove in Article I hereby covenants and agrees to pay to the Corporation annual general assessments or charges as hereinafter provided. Such assessments shall begin when a lot has been conveyed by the original developer, 2 INVEST, L.L.C. The assent of each Owner to the covenant and agreement to pay such annual general assessments or charges is implied by acceptance of a Deed for any of said properties (whether or not it shall be expressed in such Deed). The annual general assessments, together with interests, costs and reasonable attorneys fees shall be a charge and lien on the land and, subject to the provisions of Paragraph F of this Article, shall be a continuing lien upon the property against which each such assessment is made. Furthermore, each such assessment, together with interest, costs, and reasonable attorneys fees, shall also be the personal obligation ofthe person who was the owner of the lot at the time when the assessment fell due. The personal obligation for delinquent 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. Provided, however, that the annual assessments or charges provided for herein shall apply only after said lots have been conveyed by Declarant to third persons, and Declarant shall not be obligated to pay annual assessments or charges on lots which have not been conveyed by it. B. For the calendar year beginning January I, 2009, the maximum annual general assessment allowed shall not exceed ONE HUNDRED FIFTY AND NO/too DOLLARS ($15o.00) per lot. Book 1 040 Page 917 1. For each calendar year, beginning January 1, 2009; the maximum annual general assessment may be increased each year, not more than ten percent (10%) above the assessment for the previous year, without any vote of the membership. 2. For each calendar year, beginning January 1, 2009, the maximum annual general assessment may be increased by an amount greater than ten percent (io%) of the assessment for the previous year, provided the proposed increase is approved by a vote of two-thirds of the members who are voting in person or by a proxy at a meeting duly called for this purpose. 3. The Board of Directors may fix the annual general assessment at an amount not in excess of the maximum. 4. Once the annual general assessment has been set, notice of the annual general assessment shall be given to all members. After the initial notice of the assessment, the assessment shall become due and payable as provided by the Board of Directors. C. Written notice of any meeting called for the purpose of talang any action authorized herein shall be sent to all members not less than thirty (3o) days, nor more than sixty (6o) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (6o%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (6o) days following the preceding meeting. D. The annual general assessments levied by the Corporation shall be used exclusively to improve, maintain and repair the Community Use or Open Space Areas and Retention Ponds, to pay the expenses of the Corporation, to pay the cost of lighting the Community Use or Open Space Areas, to pay the cost of any insrranee the Corporation determines to purchase and to promote the recreation, health, safety, and welfare of the members and to pay taxes levied upon the Community Use or Open Space Areas. E. The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Corporation setting forth whether the assessments on a lot is binding upon the Corporation as of the date of its issuance. F. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. 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 mortgage or any proceeding in lieu therefor, shall extinguish the lien 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. ARTICLE VII SPECIAL ASSESSMENTS Special assessments may be levied against lots for such reasons as are provided in these restrictions, the articles or the by-laws and on such terms as provided by the Board of Directors or the members. Either the Board of Directors or the members may levy and impose special assessments upon a majority vote. The purposes for which special assessments may be levied include, but are not limited to, providing funds to pay Community Expenses which exceed the general assessment fund for capital improvements and extraordinary expenses. Furthermore, special assessments may be assessed against specific lots. In the event the Owner of a lot fails to comply with the provisions and requirements of this agreement, the Corporation may perform such required tasks or remedy such matter and levy the cost of such performance against the Owner of such lot as a special assessment. ARTICLE VIII LIEN FOR ASSESSMENTS Book 1040 Page 918 Any general or special assessment, if not paid within thirty (3o) days after the date such assessment is due, together with interest at the rate of ten percent (io%) per annum, costs of collection, court costs, and reasonable attorney's fees shall constitute a lien against the lot upon which such assessment is levied. The Corporation may record notice of the same in the Office of the Clerk of Superior Court of Pasquotank County or file a suit to collect such delinquent assessments and charges. The Corporation may file Notice of Lis Pendens, bring an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein. ARTICLE IX COMPLIANCE WITH THIS DECLARATION, THE ARTICLES AND THE BY-LAWS OF THE CORPORATION In the case of failure of a lot Owner to comply with the terms and provisions contained in this Declaration, the articles or the by-laws of the Corporation, the following relief shall be available: A. The Corporation, an aggrieved lot Owner or Owners within the subdivision on behalf of the Corporation, or any lot Owner on behalf of all the lot Owners with the subdivision 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. B. The Corporation shall have the right to remedy the violation and assess the costs of remedying same against the offending lot owner as a special assessment. C. If the violation is the nonpayment of any general or special assessment, the Corporation shall have the right to suspend the offending owner's voting rights and the use by such owner, his agents, employees and invitees of the Community Use Areas in the subdivision for any period during which an assessment against the lot remains unpaid. D. The remedies provided by this Article are cumulative, and are in addition to any other remedies provided by law. E. The failure of the Corporation or any person to enforce any restrictions contained in these restrictions, the article or the by-laws shall not be deemed to waive the right to enforce such restrictions thereafter as to the same violation or subsequent violation of similar character. Prior to availing itself of the relief specified herein, the Corporation shall follow the hearing procedures as set forth in the by-laws. ARTICLE X PROPERTY RIGHTS OF LOT OWNERS, CROSS -EASEMENTS, AND EXCEPTIONS AND RESERVATIONS BY DECLARANTS A. Each owner of the lots referred to in the description set forth hereinabove in Article I shall have, as an appurtenance to such lot, a perpetual easement over and upon the Community Use and Open Space Areas of Millbrooke. These Community Use and Open Space Areas and Ponds are comprised of the areas delineated as such as shown and delineated on the plat of Millbrooke, including any signage. Owners shall have the right to use such Community Use and Open Space Areas for such purposes or uses to which such areas were intended as determined by their type, or for which such Community Use Areas are generally used. Such easements shall be non-exclusive and in conjunction with rights of others to use such areas, and shall be appurtenant to and pass with the title to each lot referred to in the description set forth hereinabove under Article I, subject to the following provisions: 1. The Corporation shall have the right to make reasonable rules and regulations respecting the use of same. 2. The Corporation shall have the right to suspend the voting rights of a lot Book 1040 Page 919 Owner and his right to use the Community Use and Open Space Areas within the Subdivision for any period during which the due assessment against such Owner's lot remains unpaid as is provided by Article IX hereof, and for a period not to exceed sixty (60) days for any infraction of its published Rules and Regulations. 3. Easements and rights of way over and upon each lot for drainage and the installation and maintenance of utilities and services are reserved exclusively to Declarants for such purposes as Declarants may deed incident and appropriate to its overall development plan, such easements and rights of way being shown or noted on the aforesaid recorded plat of the subdivision, which plat is incorporated by reference and made a part hereof for a more particular description of such easements and rights of way. The easements and rights of way areas reserved by Declarants on each lot pursuant hereto shall be maintained continuously by the owner but no structures, plantings or other material shall be placed or permitted to remain upon such areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion problems. Improvements within such areas also shall be maintained by the respective owner except those for which a public authority or utility company is responsible. 4. The rights of the use of utility and service easements and rights -of -way areas as provided and defined herein for any type of cable transmission system is reserved exclusively to Declarant, and no other cable transmissions service company or organization shall be permitted to service any lot or combination of lots except with the expressed permission of Declarants. ARTICLE XI ARCHITECTURAL'STANDARD AND ARCHITECTURAL STANDARDS COMMITTEE The Board of Directors shall establish an Architectural Control Committee (hereinafter referred to as the "Committee") which shall be composed of three (3) members. The Board of Directors shall have the right to appoint and remove, at any time and without cause, the three (3) members. The Declarant shall have the right to appoint and remove two (2) members of the Committee so long as the Declarant continues to own any portion of the Development Area. At such time as the Declarant no longer owns any portion of Development Area, or upon notification by the Declarant to the Board of Directors that it does not desire to continue to appoint two (2) members of the Committee, all three (3) members shall be appointed or removed at any time and without cause, by the Board of Directors. A. No construction, which term shall include within its definition clearing, excavation, grading and other site work, shall take place except in strict compliance with this Article, until the requirements thereof have been fully met, and until the approval of the Committee has been obtained. B. The Committee shall have exclusive jurisdiction over all original construction on any lot and late changes or additions after initial approval thereof together with any modifications, additions or alterations subsequently to be constructed on any lot or made to any improvements initially approved. The Committee shall prepare and, on behalf of the Board of Directors, shall promulgate architectural standard guidelines ("guidelines") and application and review procedures ("procedures"). The guidelines and procedures shall be those of the Corporation and the Committee shall have the sole and full authority to prepare and to amend the guidelines and procedures. The Committee shall make the guidelines and procedures available to owners, builders and Declarant who seek to engage in the development of or construction upon the lots and who shall conduct their operations strictly in accordance therewith. C. The Committee shall have the absolute and exclusive right to disapprove any plans, specifications or details submitted to it in the event that the same are not in accordance with any of the provisions of these restrictions and the guidelines; if the design, color scheme or location upon the lot or lots of the proposed improvements are not in harmony with the general surroundings or adjacent structures; if the plans or Book 1040 Page 920 specifications submitted are incomplete; or in the event that the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the best interests, welfare or rights of all or any part of the real property subject to this Declaration or the owners thereof. The Committee may refuse approval of plans upon purely aesthetic considerations, which in its sole discretion shall appear warranted to protect the beauty and harmony of the subdivision and each and every lot owner or prospective lot owner within the development take notice and is bound by these covenants, subject to the power of an amendment reserved in these covenants. D. The Committee shall approve or disapprove plans, specifications, and details submitted in accordance with its procedures within ten (io) days from the receipt thereof and the decisions of the Committee shall be final and not subject to appeal or review. Provided, however, that plans, specifications and details revised in accordance with Committee recommendations may be resubmitted for determination by the Committee. In the event that the Committee fails to approve or disapprove plans, specifications or details within ten (io) days after submission of the same to the Committee, approval for the purposes of this Article shall be deemed to have been given by the Committee. E. The Committee, or its agent, shall have the right to inspect all construction to ensure that it is performed in strict accordance with the approved plans, specifications and details. Upon completion of the construction in accordance with the approved plans, specifications and details, the Committee shall issue a certificate of completion to the owner. F. Nothing contained herein shall be construed to limit the right of an owner to remodel the interior of his residence or permitted pertinent structures, or to paint the interior of the same any color desired. G. Neither the Declarant nor the Committee nor the board of Directors or any architecture agent thereof shall be responsible in any way for any defects in plans, specifications or details submitted, revised or approved in accordance with the provisions contained herein or in the guidelines, nor for any structural or other defect in any construction. H. The requirements of this Article shall not constitute a lien or encumbrance on any lot on which construction is completed, and any subsequent purchaser thereof for value without notice thereof is in no way affected by the failure of his predecessors in title to comply with the terms hereof. The requirements of this Article shall not apply to the Declarant with regard to original erection or construction of a dwelling on a lot. ARTICLE XI -STORMWATER-MANAGEMENT COMPL ANCE REQUIREMENTS A. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number SW7o6o8oi, as issued by the Division of Water Quality under i5A 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 5,5oo 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 Book 1040 Page 921 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 will naturally drain into the system are not required to provide these measures. I. Built -upon areas in excess of the permitted amount will require a permit modification. ARTICLE XIII RESERVATION OF SPECIAL DECLARANT RIGHTS A. In addition to other Special Declarant Rights reserved by the Declarant in this Declaration, the Declarant reserves the following additional Special Declarant Rights: 1. Declarant reserves all Special Declarant bights enumerated in Section 47F-1-103(28) of the Act. 2. Declarant reserves the right, without approval of the Association or any Owner, to add to or delete part of the Common Elements and to dedicate easements and rights -of -way over the Common Elements in accordance with the terms of this Declaration. 3. The Declarant reserves to itself, its successors and assigns the right of temporary roads, utility services and drainage systems as are necessary in its sole discretion for the proper development and administration of the Planned Community. Such right shall extend over, through, under and across the Common Elements. 4. Declarant expressly reserves for itself and its successors and assigns the right to change and realign the boundaries of any designated Common Property within the Planned Community, and to make additions thereto. 5. The Declarant reserves as a Development Right the right and option to create additional Lots in the Planned Community. The Development Right herein reserved may be exercised with respect to different portions of the Property submitted herein at different times. No assurances are made as to the boundaries of those portions or the order in which those portions may be subjected to the exercise of each Development Right. No assurances are given that if a Development Right is exercised with regard to one portion of the submitted Property subject to a Development Right, that a Development Right will be exercised in all or in any other portion of the remainder of the submitted Property. 6. With regard to improvements shown on the unrecorded preliminary plats and the final recorded plats of the Planned Community, which have not been completed as of the date of filing for record of such plat, such improvements NEED NOT BE BUILT, and the Declarant hereby reserves the right to refrain from the development and construction of such improvements. In the event the Declarant chooses not to develop and construct any of the improvements shown on the preliminary or final recorded plats, the area where such improvements were to be constructed shall be deemed part of the Common Elements of the Planned Community. 7. The Declarant hereby reserves unto itself, its agents, employees, successors and/or assigns, as a Development Right, the right, license, privilege and easement to construct docks, piers, bulkheads, and other related improvements on the Property. Any docks, piers and related improvements constructed by the Declarant shall Book 1040 Page 922 be a part of the Common Elements of the Planned Community unless otherwise indicated on the plats or recorded Supplemental Declaration -of the Planned Community. 8. The Declarant, its agents, employees, successors and assigns may maintain such facilities and carry on such activities as may be reasonably convenient or incidental to the completion, improvement and sale of Lots within the Planned Community, including without limitation, the right to (a) install and operate construction trailers, sales offices, signs and model Dwellings, and (b) maintain such facilities and carry on such activities. B. The Special Declarant Rights reserved by Declarant in this Declaration shall not automatically expire by a certain date or by the action or inaction or any Person except by affirmative action taken by the Declarant. The Declarant may transfer the Declarant's Special Declarant Rights (as defined in this Declaration and in Section 47F-1-103 of the Act) at any time in the Declarant's sole and absolute discretion.. If such transfer of Special Declarant Rights is a transfer to the Association, the Association shall conduct a special meeting of the membership, hereinafter called the Turnover Meeting, for the purpose of assuring the transition of the Association to Owners other than the Declarant. Prior to or at' the time of the Turnover Meeting, the Declarant shall convey the title of the Common Elements to the Association by Non -Warranty Deed, at no cost to the Association, free and clear of all liens and encumbrances except this Declaration and any supplements and amendments thereto. The Association covenants that it will accept a conveyance of all of the Common Elements. ATTACHMENTS TO RESTRICTIVE COVENANTS OF MILLBROOKE ARCHITECTURAL GUIDELINES I. PURPOSE A To provide for a plan of development and of architecture based on traditional styles appropriate to a golfing environment. B. To outline the procedure by which individual owners may obtain approval to build houses on lots in Millbrooke. C. To define the basic requirements governing building of house and the aesthetic and environmental considerations affecting siting of houses on individual lots. D. To maintain the duality of the community. lI. SUBMISSION PROCEDURES The owner shall submit one copy of the elevation drawings, floor plans and specifications for each project to the Architectural Control Committee (ACC or Committee). Submission requirements apply to existing houses (for addition or change) as well as to new structures. Response will be withheld if assessment due Corporation is delinquent. When the Committee finds that the plans conform to the Architectural guidelines, a letter of approval will be given for the proposed work and the submitted plans returned to the owner. A. Duration and insucction All projects must receive written approval from the Chairman before application is made for building permits, Approval for a project may be valid for eighteen (18) months. Extensions maybe given at the discretion of the Committee. Book 1040 Page 923 B. Final Inspection A final inspection of the completed project may be made by a Committee member or other agent of the Chairman to see that everything has been done in accordance with the owner's full submission. C. Enforcement Failure to observe the Committee's recommendations will result in the matter being referred to Millbiooke Homeowners Association, Inc-, Board of Directors for appropriate legal action in terms of the covenants included in each owner's deed. III. DESIGN GUIDELINES A. Exterior Finishes and Roofs The exterior finish or materials must be approved by the Committee. Only wood, vinyl, dryvit and brick exterior finishes or materials will ordinarily be approved by the Committee. Flat buildup roofs shall not be permitted, and unusual roof structures such as domes will not ordinarily be approved by the Committee. Sim The only permanent signs permitted are to display ONLY the name of the owner or house (with a maximum size of four square feet), and a small house number to be specified by the Declarant No commercial signs are permitted, except a temporary "For Sale" or "For Rent" sign (with a maximum size of 18" x 24") C. Garbage Racks Garbage racks should be compatible with the exterior of the house, and located within the lot boundary near driveway. IV. CONSTRUCTION It shall be the responsibility of each owner to insure the contractor or builder and all subcontractors to obey and observe the restrictive covenants of this subdivision. It shall be the responsibility of the contractor or builder to insure the removal of trash, signs, animal control, noise, and damage to other lots. V. ENFORCEABILITY The Committee will refer any owner in violation of these guidelines to the Corporation Board of Directors, only after exhausting all attempts to reach an equitable solution to a disagreement. In the event the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the best interest, welfare or rights of all or any part of the real property subject to the Declaration of Restrictive Covenants or Fairway Estates or the owners thereof, the Committee may refuse approval of plans upon purely aesthetic considerations, which in its sole discretion shall appear warranted to protect the beauty and harmony of the subdivision and each and every lot owner or prospective lot owner within the development takes notice and is bound by this provision, subject to the power of an amendment reserved in the covenants. The Corporation Board is legally empowered to file suit against any owner who does not comply after reasonable notice. u0:&*1011[yMAIMILM,[i1;Yo►:��IiIi7K A. None of the lots set forth in the description set forth in Article I hereinabove shall be used for any purposes except single-family residential purposes. No structure shall be erected, placed or be permitted to remain on said lots, other than one detached single; family residential dwelling, together with such outbuildings or dependencies as may be approved by the Architectural Committee. Provided, however, that, in addition to one single-family residence, as provided for herein, a detached garage for no more than Book 1040 Page 924 three automobiles may be placed on a lot. Any such detached garage shall be located at least too feet from the front lot line as shown on the plat of said subdivision; further, any such detached garage shall be constructed of the same materials, including exterior materials and roof shingles, as the residential building located upon said lot. Any such detached garage shall not be rented separately for remuneration. B. Any dwelling constructed on a lot subject to these restrictions shall contain not less than nine hundred (goo) square feet of fully enclosed and heated floor area devoted to living purposes (exclusive of roofed or unroofed porches, terraces and garages). 2 INVEST, LLC., as developer of Millbrooke, hereby reserves and retains, and shall have the right to further amend and modify these restrictions at any time provided developer owns at least bo% of the lots in said subdivision. Said modifications or amendments by 2 INVEST, L.LC., of these restrictions shall not require the joinder or consent of any other owners of lots in any portion of Millbrooke. C. No above -grade structure (except approved fences or walls) may be constructed or placed on any lot except within the minimum building setback lines as set forth herein. 1. Twenty-five (25) feet from the lot front and rear lines. 2. Seven (7) feet from the Tot side line. 3. Fifteen (15) feet from the lot side line abutting a right-of-way. The term 'lot front line" defines the boundary line of the lot that is contiguous to and bounded by the named street as shown on the recorded subdivision plat. The term "lot rear line" defines the boundary line of the lot that is farthest from, and subsequently parallel to, the line of the street on which the lot abuts. The term 'lot side line" defines a boundary line that extends from the street on which the lot abuts to the rear line of the lot. An owner of a lot and a portion or all of an adjoining and contiguous lot or lots may construct a dwelling and/or'other structures permitted hereunder upon across the dividing line of such adjoining and contiguous lots, all such structures to comply with the minimum building set back line from the actual boundary lines of the subject owner's property, and thereafter such combinations of lots or portions thereof shall be treated for all purposes under these restrictions as a single lot. D. All plumbing fixtures and sources of sewerage located on a lot shall be connected to the municipal or other central sewer system serving such lot and all sewer connections and installations must be approved by the appropriate governmental authorities. Each such approved sewer system shall be maintained in good and proper worldng order and condition by the owner in accordance with the requirements of governmental authorities having jurisdiction. No outside toilet and no individual septic tank sewer systems shall be constructed or permitted on any lot except during construction as herein expressly provided. E. The following general prohibitions and requirements shall apply and control the improvement, maintenance and use of all lots: 1. No mobile home, trailer, camper, tent, or temporary house, temporary garage or other temporary outbuilding shall be placed or erected on any lot, provided, however, that the Committee may grant permission for temporary structures for storage of materials during construction. No such temporary structures as may be approved shall be used at any time as a residence. 2. Once construction of a dwelling or other improvements is started on any lot, the improvements must be substantially completed in accordance with the approved plans and specifications within twelve (12) months from commencement. 3. During construction of improvements on any lot, adequate portable sanitary toilets must be provided for the construction crew and the lot must be cleaned of excess debris, at least once a week. Book 1040 Page 926 4. All dwellings and permitted structures erected or placed on any lot shall be constructed of material of good grade, quality and appearance, and all construction shall be performed in good workmanship manner and quality. The exterior and roof coverings of all dwellings and permitted structures shall be approved by the Committee. The requirements of the Committee shall control all improvements to any lot as is therein specified. 5. Except structures erected by the Declarant, no structure erected upon any lot may be used as a model exhibit or house unless prior written permission to do so shall have been obtained from the Committee. 6. All lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted. 7. No trash, ashes, garbage or other refuse shall be dumped or stored or accumulated on any lot or other area in the subdivision. 8. Any dwelling or improvement on any lot which is destroyed in whole or in part by fire or other casualty must be rebuilt or all debris removed and the lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain on such lot longer than three (3) months. 9. No stripped, partially wrecked, or junked motor vehicle, or part thereof, shall be permitted to be parked or kept on any lot. All motor vehicles of any type kept on any lot shall have current registration and inspection certificates. 10. No vehicle of any type shall be parked or left unattended overnight on any street in the subdivision. No mobile home, motor home, trailer, camper or similar vehicle shall be parked or kept overnight or longer on any lot in such a manner as to be visible to the occupants of other lots or the users of any street or recreation area. Trailerable boats are allowed to be parked or kept on lots, but no boat in excess of 24 feet shall be allowed to be parked on a lot, and all boats parked or kept on lots shall be upon the trailer used to transport said boat, and rearward of the front minimum building line of said lot, and adequately screened from view from the street. 11. All fuel storage tanks shall be buried below the surface of the ground and all outdoor receptacles for ashes, trash, rubbish or garbage shall be installed underground, screened or so placed and kept as not to be visible to the occupants of other lots or the users of any street or recreation areas. '12. No outdoor poles, clotheslines and similar equipment shall be placed on any lot unless approved by the Committee. 13. All recreational equipment and personal property other than automobiles or bicycles must be stored neatly and in such a manner as not to be visible from any street. For purposes of this provision, recreational equipment and personal property shall be deemed to include any toys, playthings, gardening or lawn care equipment, lawn chairsi or any portable item utilized for play, recreation, yard work or the like. 14. No sign (excluding typical "For Sale" and builder identification signs or similar signs not larger than 18" x 24"), billboard or other advertising structure of any kind may be erected or maintained upon any lot; provided, however, that construction identification signs approved by the Committee showing the lot number and name of the builder may be exhibited upon the lot during the period of construction. 15. No radio station or short wave transmitter of any kind shall operate from any lot or residence with the prior written approval of the Committee, and said operation will be prohibited in the event that the same causes interference to the reception of television or radio by other lot owners. All radio and television antenna installations shall be approved in writing by the Committee before the antenna is installed. No satellite dishes or antennas shall be permitted to be placed on any lot without the prior written permission of the Committee, and if allowed, said satellite dishes or antennas must be screened so as not to be visible from the streets, paths or sidewalks of the subdivision, from Book 1040 Page 926 Beechtree Drive or Millbrooke Circle. 16. All dwelling connections for all utilities including but not limited to water, electricity, gas, telephone and television shall be run underground from the proper connecting points to the dwelling structure in such manner as may be acceptable to the appropriate utility authority. 17. No animals, livestock or poultry of any kind shall be raised, bred or kept on any, lot, except that dogs, cats or other household pets in a reasonable number may be kept provided they are not kept, bred or maintained for any commercial purpose, and provided further that such pets do not constitute a danger or nuisance to other lot owners or to the neighborhood. 18. The erection of fences shall require approval of the Committee as provided in Article II hereof. No fence of chain link type construction or in excess of four feet in height shall be approved by the Committee, except that the Committee, in its sole discretion, may approve fences of chain link construction and up to six feet in height for the purpose of confining pets, provided same does not extend more than twenty-five (26) feet in any direction and are constructed within the minimum building setback lines. 19. No part of said property shall be used for business, manufacturing, commercial or professional purposes. No business activity or trade of any kind whatsoever shall be carried on upon any lot. No trade materials or inventories may be stored or regularly parked or kept upon the premises. No sign of any style or design shall be placed or maintained on any lot without the prior approval of the Architectural Committee. No noxious, offensive or illegal trade or activity shall be carried on upon any lot, nor shall anything be done on any lot that shall be or become an unreasonable annoyance or nuisance to other lot owners or to the neighborhood. ARTICLE VII. APPROVAL BY COMMITTEE OF BUILDER In conjunction with submission of plans and specifications to the Committee, any owner proposing to construct a residence upon any lot shall furnish the Committee the name and address of the general contractor, and approval of the proposed residence shall be contingent upon the Committee's approval of the general contractor. The Committee reserves the right to withhold approval of the proposed building of a residence unless the general contractor to be in charge of said building is approved by the Committee prior to commencement of construction. ARTICLE VIII. WAIVER No provision contained in these restrictions, the articles or the By -Laws 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. ARTICLE IX. VARIANCES The Board of Directors in its discretion may allow reasonable variances and adjustments of these restrictions 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 lots owned in fee by various persons with each such Owner having an easement upon areas owned by the Corporation. To be effective, a variance hereunder shall be recorded in the Pasquotank County Register of Deeds Office, shall be executed on behalf of the Corporation, and shall refer specifically to this Declaration. ARTICLE X. DURATION. AMENDMENT AND TERMINATION A. The covenants and restrictions contained in this Declaration shall run with and bind the land for a term of twenty (2o) years from the date this Declaration is recorded, after which time, they shall automatically be extended for successive periods of one (1) Book 1040 NO 927 year. The Declaration may be amended in full or part during the first twenty (2o) year period by an instrument signed by not less than ninety percent (90%) of the lot owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the lot owners, provided that no amendment shall alter any obligation to pay Community Expenses to benefit the Community Use Areas, as herein provided or affect any lien for the payment of same. To be effective any amendment must be recorded in the Office of the Register of Deeds of Pasquotank County, North Carolina, and a marginal entry of same must be signified on the face of this document. B. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. ARTICLE XI,QAPTIONS 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. ARTICLE XII. LIBERAL CONSTRUCTIQN The provisions of this Declaration shall be construed liberally to effectuate its purpose of creating a subdivision of fee simple ownership of lots and buildings governed and controlled by rules, regulations, restrictions, covenants, conditions, reservations and easements administered by an Owner's Association with each owner entitled to and burdened with the rights and easements equivalent to those of other owners. - IN TESTIMONY WHEREOF, PHILLIP W. HARRINGTON, Member/Manager of PHILLIP HARRINGTON ENTERPRISES, LLC, have hereunto set his hand and seal this the day and year fast above written. PHILLIP HARRINGTON ENTERPRISES, LLC 44 [A/. (SEAL) By: Phillip W. HarrKngton, Member/Manager State of North Carolina - County of FKAYG Imy- 1, the undersigned Notary Public of the County and State aforesaid, certify that Phillip W. Harrington personally came before me this day and acknowledged that he is the Member/Manager of PHILLIP HARRINGTON ENTERPRISES, LLC, a North Carolina Limited Liability Company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this . Z My Commission Expires: Mry 20 of 4 • O N[1T4r�R��y �� Public Book 1040 Page 928 F. aMrr A All of that certain parcel of land, together with any improvements located thereon, lying and'being in Mount Hermon Township, Pasquotank County, North Carolina, which is more particularly described and delineated as "AREA i,i89,863 SQ. FT. OR 27.32 AC.t BY D.M.D." on that certain map or plat prepared by Kenneth M. Seymour, P.L.S., dated July 7, 2005, entitled, in part, "BOUNDARY SURVEY FOR 2 INVEST, LLC", and recorded in Map Book 313, Page r I . Plat Cabinet _WA. Slide 4 R in the Pasquotank County Public Registry. Said parcel is further described as follows: Starting at a point marked by an existing found iron rebar in the southeastern margin of NANCE CT; thence South 49" 13' 57" West 230.21 feet by TIE LINE ONLY to a point marked by an existing found iron pipe, BEING THE POINT AND PLACE OF BEGINNING of the parcel described and delineated as ""AREA 1,i89,863 SQ. FT. OR 27.32 AC.± BY D.M.D." on the above -referenced plat or map; running thence from said beginning point South 420 40' 38" East 51.14 feet to a point marked by an existing found iron pipe; thence South 080 35' oo" East 656.98 feet to a point marked by an existing found iron rebar; thence North 860 15' 34" East 3o6.58 feet to a point marked by an existing found iron pipe, cornering; running thence South 350 08' 47" West 56.8o feet to a point in the center of a ditch; thence continuing along the center of said ditch South 350 45' 07" West a distance of 19o.77 feet to a point; thence continuing along the center of said ditch South 350 36' 34" West a distance of 301.04 feet to a point; thence continuing along the center of said ditch South 350 40' 31" West a distance of 458.6o feet to a point; thence continuing along the center of said ditch South 350 38' 27" West a distance of 356.98 feet to a point; thence continuing South 35' 38' 27" West a distance Of 115.11 feet to a point in the centerline of a canal, cornering; running thence along the centerline of said canal North 86' 56' 54 West 179.73 feet to a point; continuing thence along the centerline of. said canal North 780 53' 03" West 40.08 feet to a point; continuing thence along the centerline of said canal North 66° 38' 15" West 68.32 feet to a point; continuing thence along the centerline of said canal North 55' 25 49" West io8.89 feet to a point; continuing thence along the centerline of said canal North 510 24' 15" West 161.93 feet to a point; continuing thence "along the centerline of said canal North 490 19' 03" West 140.81 feet to a point; continuing thence along the centerline of said canal North 30' 16' 13" West 87.91 feet to a point, cornering; running thence North 350 40' 31" East 13.6o feet to a point marked by a set iron witness rebar on the bank of said canal; continuing thence North 350 40' 31" .East 138.91 feet to a point in the center of a ditch; thence continuing along the center of said ditch North 360 08' 50" 37.4o feet to a point; thence continuing along the center of said ditch North 350 40' 31" East 469.o8 feet to a point; thence continuing along the center of said ditch North 350 35' 27" East 517.38 feet to a point; thence continuing along the center of said ditch North 35' 31' 28" East 289.46 feet to a point; thence continuing along the center of said ditch North 350 48' 31" East 342.43 feet to a point; thence North 35° 17' 30" East 31.44 feet to a point, marked by an existing found iron pipe, BEING THE POINT AND PLACE OF BEGINNING. The property herein conveyed is the same property described, delineated and designated as Lot No. Five (5) on that plat entitled "Amelia H. Davis Estate, Pasquotank County, North Carolina, Elizabeth City Township", dated February 16, 1983, made by S. Elmo Williams, Registered Surveyor, recorded in Map Book io, Page 7, to which reference is made for a more detailed description. In in this conveyance is the sixty (6o) feet wide easement delineated on the plat entitled "Amelia H. Davis Estate, Pasquotank County, North Carolina, Elizabeth City Township", dated February 16, 1983, made by S. Elmo Williams, Registered Surveyor, recorded in Map Book 1o, Page 7, and more particularly described Deed Book 797, Page 329, and Deed Book 762, Page 970, Pasquotank County Registry, all of which are incorporated herein by reference for a more particular description. North Carolina Secretary of State http://www.secretary.state.nc.us/corporations/Corp.aspx? I' itenild=6... Elaine F Marshall Secretary CORPORATIONS Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice. Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map North Carolina DEPARTMENT of -rFIE= SECRETARY of STATE PO Box 29622 :Raleigh, NC 2762"622 (919)607-2000 Date: 9/9/2009 Click here to: View Document Filings I Sign Up for E-Notifications I Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report Corporation Names Name Name Type NC Phillip Legal Harrington Enterprises, LLC Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: 0722266 Current -Active 4/22/2004 Domestic NC Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Harrington, Phillip 760 Pitts Chapel Road Elizabeth City NC 27909 Post Office Box 2232 Elizabeth City NC 27906-2232 760 Pitts Chapel Road Elizabeth City NC 27909 Post Office Box 2232 Elizabeth City NC 27906-2232 I of2 9/9/2009 11:39 AM North Carolina Secretary of State http://www.secretary, state.nc.us/corporations/Corp.aspx?Pitemld=6... Printable Page 2 of 2 9/9/2009 11:39 AM , sic caul NC fn.Co � on Jaa 0�PWat 12:2715 PIA hi pAWW of :006 Bc 1003 pAGE 674 Iaw! Jan 04 2008 1L660.0 tarn 9r.r+ .t North C vka CMtV Roal F-otato txcisa Tax Tax Lot No. Verified by by Excise Tax $ 1 Recording Time, Book and Page Parcel Identifier No. 89iggn?R9856 County on the _ day of Mail after recording to The T wIford Law Firm, PC, P.O. Box 99, Elizabeth City, NC 27909 This instrument was prepared by David R. Pureza, The T wiford Law Firm, PC Brief Description for the index Tract, Map Book 39, Page ii 20 NORTH CAROLINA GENERAL WARRANTY DEED 1 HIN lihMJ maaeJanuarY39 soon riaha Between GRANTOR 2INVESI', LDC, A North Carolina Limited Liability Company Post Office Box 2232 Elizabeth City, NC 27906 PHILLIP HARRINGTON ENTERPRISES, LLC A North Carolina Limited Liability Company Post Office Box M2 Elizabeth City, NC 2 T906 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all those certain lots or tracts of land situated in Mount Hermon Township, Pasquotank County, North Carolina, and more particularly described as follows: See "Exhibit A" attached hereto and made a part hereof. The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 875, Page 287 A map showing the above -described property is recorded in Map Book 39, Page ii. PASQUOTANK COUNTY Deed number 09 - 1 7— Transfer tax $ g .z OO, 0 6 Pasquotank County Assessor's Office BOOK 1003 PAM 675 EXHIBIT A All of that certain parcel of land, together with any improvements located thereon, lying and being in Mount Hermon Township, Pasquotank County, North Carolina, which is more particularly described and delineated as "AREA 1,189,863 SQ. Fr. OR z7.32 AC.:t BY D.M.D." on that certain map or plat prepared by Kenneth M. Seymour, P.L.S., dated July 7, 2005, entitled, in part, "BOUNDARY SURVEY FOR 2 INVEST, LLC", and recorded in Map Book 39, Page 1r, in the Pasquotank County Public Registry. Said parcel is further described as follows; Starting at a point marked by an existing found iron rebar in the southeastern margin of NANCE CT; thence South 49' 13' 57" West 230.21 feet by TIE LINE ONLY to a point marked by an existing found iron pipe, BEING THE POINT AND PLACE OF BEGINNING of the parcel described and delineated as ""AREA 1,189,863 SQ. Fr. OR 27.32 AC.* BY D.M.D." on the above - referenced plat or map; running thence from said beginning point South 42° 40' 38" East 51.14 feet to a point marked by an existing found iron pipe; thence South 080 35' oo" East 656.98 feet to a point marked by an existing found iron rebar; thence North 861 15' 34" East 306.58 feet to a point marked by an existing found iron pipe, cornering; running thence South 35° 08' 47" West 56.8o feet to a point in the center of a ditch; thence continuing along the center of said ditch South 350 45' 07" West a distance of 190.77 feet to a point; thence continuing along the center of said ditch South 350 36' 34" West a distance of 301.04 feet to a point; thence continuing along the center of said ditch South 350 40' 31" West a distance of 458.60 feet to a point; thence continuing along the center of said ditch South 350 38' 27" West a distance of 356.98 feet to a point; thence continuing South 350 38' 27" West a distance of ir5.r1 feet to a point in the centerline of a canal, cornering; running thence along the centerline of said canal North 86" 56' 54 West 179.73 feet to a point; continuing thence along the centerline of said canal North 780 53' 03" West 40.08 feet to a point; continuing thence along the centerline of said canal North 66' 38' 15" West 68.32 feet to a point; continuing thence along the centerline of said canal North 55' 25' 49" West Io8.89 feet to a point; continuing thence along the centerline of said canal North 516 24' 15" West 161.93 feet to a point; continuing thence along the centerline of said canal North 490 19' 03" West 140.81 feet to a point; continuing thence along the centerline of said canal North 300 16' 13" West 87.91 feet to a point, cornering; running thence North 35' 40' 31" East 13.6o feet to a point marked by a set iron witness rebar on the bank of said canal; continuing thence North 35" 40' 31" East 138.91 feet to a point in the center of a ditch; thence continuing along the center of said ditch North 36" 08' So" 37.40 feet to a point; thence continuing along the center of said ditch North 350 40' 31" East 469.08 feet to a point; thence continuing along the center of said ditch North 350 35' 27" East 517.38 feet to a point; thence continuing along the center of said ditch North 35" 31' 28" East 289.46 feet to a point; thence continuing along the center of said ditch North 350 48' 31" East 342.43 feet to a point; thence North 35017' 30" East 31.44 feet to a point, marked by an existing found iron pipe, BEING TH E POINT AND PLACE OF BEGINNING. The property herein conveyed is the same property described, delineated and designated as Lot No. Five (5) on that plat entitled "Amelia H. Davis Estate, Pasquotank County, North Carolina, Elizabeth City Township", dated February 16, 1983, made by S. Elmo Williams, kegistered Surveyor, recorded in Map Book 10, Page 7, to which reference is made for a more detailed description. . included in this conveyance is the sixty (60) feet wide easement delineated on the plat entitled "Amelia H. Davis Estate, Pasquotank County, North Carolina, Elizabeth City Township", dated February 16, 1983, made by S. Elmo Williams, Registered Surveyor, recorded in Map Book ro, Page 7, and more particularly described Deed Book 797, Page 329, and Deed Book 762, Page 470, Pasquotank County Registry, all of which are incorporated herein by reference for a more particular description. Grantor also hereby conveys any and all rights it has, by virtue of that certain Deed of Easement recorded in Deed Book 964, Page 361, in and to that certain tract of land described, delineated and designated as "AREA 435 SQ. Fr. OR o.01 AC. t BY D.M.D.", on that certain plat or survey prepared by Hyman & Robey, Land Surveyors & Consulting Engineers, dated January 10, 20o6, entitled, in part, "BOUNDARY SURVEY FOR 2 INVEST, LLC", said plat or survey is attached recorded in Deed Book 964, Page 362, and incorporated herein by reference for a more particular description of the property described herein. PROJECT DESCRIPTION. ':M'--- Millbrooke SEP -S 2006 Pasquotank County - Elizabeth City - North Carolina August 31, 2006 Millbrooke is a proposed 69 lot residential subdivision located off of Halstead Boulevard (NC 344). The tract to be subdivided contains 27.32 acres, of which 2.08 acres along the southwestern edge of the property are 404 wetlands. There is also a FEMA non -encroachment zone in the vicinity of the wetlands. A 1.11 acre easement is being dedicated as right-of-way for the road into the subdivision for a total project area of 28.43 acres. The land is currently vacant and is zoned R-10 (Residential 10,000 sf lots). Development of this subdivision will include construction of approximately 4,194 If curb and guttered streets with sidewalks, water main, gravity sewer main, a sewer pump station, sewer force main and two detention ponds. The streets will contribute 2.89 acres of impervious surface and the sidewalks will be another 0.62 acres. Coverage on each lot will be limited to 5,500 s£ The maximum coverage for the development is 12.22 acres or 42.98%. Due to the on -site soil types of Dragston and Nimno with a small portion of Augusta and the seasonal high water table, wet detention is the most appropriate stormwater treatment method to use in this area. Both ponds will discharge to the existing wetlands on the west side of the property. The wetlands are part of a tributary of that drains northwesterly into Knobbs Creek. In addition to meeting state requirements for stormwater treatment, this site will comply with the City of Elizabeth City's Stormwater Ordinance. This ordinance requires that post development runoff not exceed pre development runoff during a 10 year storm event. Rational method analysis indicates a pre development peak runoff of 41.79 cfs. The post development runoff for Drainage Area 1 is 25.64 cfs into Detention Pond A and a peak pond discharge of 16.74 cfs. The post development runoff for Drainage Area 2 is 23.9 cfs into Detention Pond B and a peak pond discharge of 13.21 cfs. Based on these calculations, post development discharge during a 10 year storm will be 29.95 cfs. Drainage Area 1 contains 13.15 acres that are designed to drain to Detention Pond A. This drainage area includes 46,871 sf (1.08 ac) of roads and 12,501 sf (.29 ac) of sidewalks. It includes lots 16-33 and 39-48 and a portion of lots 34-38 and 49-54. The maximum impervious area allowed per lot is 5,500 sf or a total of 187,000 sf (4.29 ac) for this drainage area. The resulting maximum impervious area for this drainage area is 5.66 acres or 43.04%. All of the roadway drainage will be collected in curb and gutter and an underground piping system. Runoff from the lots will sheet flow across grassed yards into rear lot line ditches with 6:1 side slopes and over the curb into the curb and gutter system. The rear lot line ditches are routed into the piped drainage system that drains to Detention Pond A. Detention Pond A has been designed for 90% TSS removal. Ii Drainage Area 2 contains 11.95 acres that are designed to drain to Detention Pond B. This drainage area includes 78,976 sf (1.81 ac) of roads and 14,289 sf (.33 ac) of sidewalks. This area includes lots 1-15 and 55-58 and a portion of lots 34-38, 49-54, and 59-69. The maximum impervious area allowed per lot is 5,500 sf or a total of 192,500 sf (4.42 ac) for this drainage area. The resulting maximum impervious area for this drainage area is 6.56 acres or 54.9%. All of the roadway drainage will be collected in curb and gutter and an underground piping system. Runoff from the lots will sheet flow across grassed yards into rear lot line ditches with 6:1 side slopes and over the curb into the curb and gutter system. The rear lot line ditches are routed into the piped drainage system that drains to Detention Pond B. Detention Pond B has been designed for 90% TSS removal. Drainage Area 3 contains the remaining 3.33 acres of the project and will contain no impervious surfaces. This drainage area consists of the areas within and adjacent to the wetlands and non -encroachment zone that will not be routed to the detention ponds. The total disturbed area for development will not exceed 26 acres. This includes the entire tract (except for the area in 404 wetlands and the FEMA non -encroachment zone), the area within the road easement that accesses the property, and a portion of the NCDOT right-of-way as necessary for utility connections. Limits of disturbance have been shown on the plans. North Carolina Elaine F. Marshall DEPARTMENTOF -1-FiE Secretary SECRETARY OF STATE Corporations *Corporations Home almportant Notice *Corporations FAQ *Tobacco Manufacturers *Dissolution Reports "Non -Profit Reports °Verify Certification *Online Annual Reports •KBBE 62B Annual Reports Links *Secretary Of State Home *Register for E-Procurement °Dept. of Revenue Legislation *1999 Senate Bills *2001 Bili Summaries *Annual Reports 1997 *Corporations 1997 Search *By Corporate Name °For New Corporation *By Registered Agent Online Orders 6Start An Order *New Payment Procedures Contact Us °Corporations Division *Secretary of State's web site Print *Printable Page PO Box 29622 Raleigh, NG 27626-0622 (919)807-2000 Date- 8/14/2006 Click here to: Pagc i ( i1 View Document Filings 1 7-1 Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC 2 Invest, LLC Legal Limited Liability Company Information 5b51D: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address Registered Mailing Address Principal Office Address Principal Mailing Address: 0766460 Current -Active 2/1 1 /2005 Domestic NC Perpetual Harrington, Phillip 760 Pitts Chapel Road Elizabeth City NC 27909 760 Pitts Chapel Road Elizabeth City NC 27909 760 Pitts Chapel Road Elizabeth City NC 27909 760 Pitts Chapel Road Elizabeth City NC 27909 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. SEP --6 2006 U oUQ-1PJA'R0 http://www.secretary.state.ne.Lis/corporations/Corl).asl)x?Pitem1(1=7690216 8/14/2006 Hyman & Rahey, PC Consulting Engineers and Land Surveyors (252) 335-1888 Office (252) 338-2913 Office (252) 338-5552 Fax Scott Vinson, Environmental Engineer Division of Water Quality -Surface Water Section Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Subject: Stonnwater Management Pen -nit Express Pennitting Millbrooke Project 4 041212 Dear Mr. Vinson: September 1, 2006 SEP -6 2006 UP" Ci TlAR 90 Enclosed for your review and approval, please find the following items: Two (2) copies of sheets 1, 2, 5, & 6 for the above referenced project. 2. The original and one copy of the Stormwater Permit Application and required attachments. Two (2) copies of the project description and calculations. 4. Printout from NC Dept. OF Secretary of State showing NC registered agent for 2 Invest, LLC. 5. Check in the amount $4000.00 for the required fee. If you have any questions, please do not hesitate to call this office at (252) 335-1888. cc: file Lucien Morrisette Sincerely, Scan C. Robey, P.E. - �'_ J" Kimberly D. Hamby Project Manager P. O. Box 339, Camden, NC 27921 AG; NCDENR North Carolina Department of Environment and Natural Resources 943 Washington square Mall, Washington NC 27889 (252) 946-6481 FAX (252)975-3715 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). Please include this with the application package upon submittal. Project application received after 12 noon will be stamped in the following workday. Thank youl Lyn Hardison I n.hardison cmail.net APPLICANT Name Lucien Morrisette _ Company 2 Invest, LLC Address 760.Pitts chapel Road _ CitylState ip_ 979ng Phone 252-335-4520 Fax Email PROJECT Name Millbrooke County Pasquotank PROJECT LOCATION ADDRESS ENGINEER/CONSULTANT Company Hymen & Robey, , PC _ Address_ A L),g Hxy 158 East CitylStateCamden, NC Zip27921 Phone 252-335-1888 _ _ Fax 252-338-5552 Email State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑Yes ❑ No ❑ STREAM ORIGIN Determination; # of Stream calls; Stream Name -------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------- El STORMWATER ❑ Low Density High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site PROJECT SYSTEM(S) TRIBUTARY TO Rmbbs seek STREAM NAME -RIVER BASIN ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® LAND (,QUALITY ® Erosion and Sedimentation Control Plan with 26 acres to be disturbed. CK #1r� 1 --------------------------------------------------------_-----------_---__-_---__--_---_--------_--_-------------------------- -1_� -------------------------- ❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted CIRCLE YIN: 401 Application ❑Yes ❑ No 404 Application in Process wlUSCOE ❑Yes ❑ No The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. CHECK #_ 1 04�) For DENR use only I EE' i [K © `� ` SUBMITTAL DATES: Fee Split for multiple permits: _� 2Q� SW q - 6 o) _ $ A,�rr� .6-7 CAMA $ LQS _ c $ DWO-41 AIR0 401 $� Total Fee Amount $ 4GCO PERMANENT POOL DETENTION PONDS DESIGN OF POND Millbrooke Subdivsion - Pond A 10 Yr, 24 Hr Storm DETENTION POND f 70,FT CIF, - SEP -6 M6 Hyman & Robey, PC 150-A Hwy 158 East Camden, NC 27921 (252)-335-1888 08/31 /06 SAIDA PERCENTAGES FOR 90% TSS REMOVAL WITHOUT VEGETATIVE FILTER %IMPRV 3.0 FT 3.5 FT 4.0 FT ` 4.5 FT 5.0 FT 5.5 FT 6.0 FT 6.5 FT 10% 1.3 1.0 0.8 0.7 0.6 0.5 0.4 0.3 20% 2.4 2.0 1,8 l .7 1.5 1.4 1.2 1.0 30% 3.5 3.0 2.7 2.5 2.2 1.9 1.6 1.3 400/o 4.5 4.0 3.5 3.1 2.8 2.5 2.1 1.8 50% 5.6 5.0 4.3 3.9 3.5 3.1 2.7 2.3 60% 7.0 6.0 5.3 4.8 4.3 3.9 3.4 2.9 70170 8.1 7.0 6.0 5.5 5.0 4.5 3.9 3.4 80% 9.4 8.0 7.0 6.4 5.7 5.2 4.6 4.0 90% 10.7 9.0 7.9 7.2 .6.5 59 5.2 4.6 100% 12.0 10.0 8.8 8.1 7.3 6.6 5.8 5.1 WATERSHED AREA: WATERSHED °Io IMPERVIOUS: PERMANENT POOL ELEVATION: DESIGN PERMANENT POOL DEPTH: SAIDA PERCENTAGE FACTOR: POND SURFACE AREA REQ'D: FORESAY AREA: AT WIDTH = 0.33 LENGTH, WIDTH = 86.2936 LF LENGTH = 258.881 LF Use these dimensions: WIDTH LENGTH 13.15 ACRES 45 % 4 FT 4 FT 3.9 22340 SF 6702 SF VOLUME OF I" RAINFALL AREA OF ROOFS: 4.29 AC AREA OF PARKING/CONCRETE: 1.37 AC AREA OF GREEN AREAS: 7.49 AC VOLUME OF RUNOFF 25734.9 CF STORAGE DEPTH FOR MINIMUM AREA = ELEVATION OF I" RAINFALL = 5.06 Page I 7.0 FT 0.2 0.9 1.4 1.9 2.4 2.9 3.4 3.9 4.3 (FROM ABOVE TABLE -TAKEN FROM DESIGN OF STORM WATER CONTROL FACILITIES WORKSHOP MANUAL - PENC 19$$) (BASED UPON MINIMUM SURFACE AREA) 90 LF 270.5 LF Normal Pool Elevation Gf. J /SLAL : 1. 18550 1!lllllllillj1`\ � VOL (CF)-l(ROOF* l .0)4{PARKING*.95)+(GRASS*0.2)1*43,560/12 1.06 FT f DRAWDOWN - WATER QUALITY Q(2 DAYS) = 0.14893 CFS Q(5 DAYS) = 0.05957 -CFS l" RUNOFF STAGE 1.06 FT DEPTH OF DRAWDOWN DEVICE BELOW OUTLET 1.5 FT i " RUNOFF OUTLET DEVICE: 2.33672 INCH DIA HOLE DIAMETER OF HOLE TO USE: 2.75 INCH DIAMETER 1 " STORM RUNOFF DRAWDOWN TIME 2.06291 DAYS A=IQ/(Cd*SQRT(2gh))l* 144 Rad.=SQRT(A/PI) Dia. =2*Rad. INFLOW HYDROGRAPH Return Year Storm 10 Yr Qp = Peak Discharge = 25.64 cfs Tc = Time of Concentration = 27.28 min Calculation of Tp (Time to Peak) From SCS NEH 4, page 15-7 Eqn. 15.4 Lag Time (L) _ (l"0.8*(S+1)^0.7)/( I900*Y^0.5) for Lin Hrs where: i = hydraulic length of watershed (ft) = 1855 S = (l 00O/CN)-10 — 2.5 CN = approximately Same CN from TR-55 = 80 Y = avg. watershed land slope in % - 0.22 S = (I OOO/CN)-10 = 2.5 L=. 1.1106 hrs From SCS NEH 4, page 16-7 Eqn. 16.7 Tp=D/2+L where : D = unit of excess duration rainfall (hrs) L = Lag Time (hrs) From SCS NEH 4, page 16-8 Eqn, 16.12 D = 0.133 tc where: Tc = Time of Concentration (hrs) - (See Tr-55 Printout) THEREFORE: D = 0.06047 hrs Tp = 1.14084 hrs = 68.4501 min Volume under Hydrograph = 1.39 * Qp * Tp = 146372 Cubic Feet Inflow Hydrograph ; SCS Dimensionless Hydrograph Time Discharge Time Discharge Volume Ratio Ratio hr cfs cf ---------------------------------------------- 0.00 0.00 0.00 0.10 0.03 0.11 0.20 0.10 0.23 0.30 0.19 0.34 0.40 0.31 0.46 0.50 0.47 0.57 0.60 0.66 0.68 0.70 0.82 0.80 0.80 0.93 0.91 0.90 0.99 1.03 1.00 1.00 1.14 1.10 0.99 1.25 1.20 0.93 1.37 1.30 0.86 1.48 1.40 0.78 1.60 1.50 0.68 1.71 1_60 0.56 1.83 1.70 0.46 1.94 1.80 0.39 2.05 1.90 0.33 2.17 2.00 0.28 2.28 2.20 0.21 2.51 2.40 0.15 2.74 2.60 0.11 2.97 2.80 0.08 3.19 3.00 0.06 3.42 3.20 0.04 3.65 3.40 0.03 3.88 3.60 0.02 4.11 3.80 0.02 4.34 4.00 0.01 4.56 4.50 0.01 5.13 5.00 0.00 5.70 Volume under hydrograph = 1 3 5 8 12 17 21 24 25 26 25 24 22 20 17 14 12 10 8 7 5 4 3 2 1 l l 1 0 0 0 0 316 1053 2001 3264 4949 6950 8635 9793 10425 10530 10425 9793 9056 8214 7161 5897 4844 4107 3475 2949 4360 3096 2253 1622 1158 842 611 442 316 232 263 0 139032 cf u// IS V061,5 1 - VOINE P•' NIT Based upon runoff volume = 146372 cf Depth req'd for minimum area = 6.01241 11 STAGE STORAGE FUNCTION OF POND Page 4 (FOR RECTA GULER DETENTION POND ONLY) Pond Side Slope (M) = 3 Minimum surface area taken at normal water level BASIN AREA INCR ACCUM VOLUME VOLUME STAGE In s In Z Z est Elevation S Z sf cf cf ft 24345 0 0 0 Surface area at normal pool 4 25436 12445 12445 0.5 9.43 -0.69 0.57 4.5 26544 12995 25440 1 10.14 0.00 1.07 5 27671 13554 38994 1.5 10.57 0.41 1.55 5.5 28815 14121 53115 2 10.88 0.69 2.02 6 29978 14698 67813 2.5 11.12 0.92 2.50 6.5 31158 15284 83097 3 11.33 1.10 2.98 7 32357 15879 98976 3.5 11.50 1.25 3.47 7.5 33573 16482 115458 4 11.66 1.39 3.97 8 34808 17095 132553 4.5 11.79 1.50 4.47 8.5 36060 17717 150270 '5 11.92 1.61 4.99 9 Regression Output: Constant j 9.34346 Ks = SIZ^b = 23595.42 Std Err of Y Est++ 0.00969 R Squared 0.99962 No. of Observations 7 Degrees of Freedom 5 1 X Coefficient(s 1.15215 = b Std Err of Coef. 0.01009 FOR VERTICAL SIDED DETENTION POND SET b=0, AND Ks = SURFACE AREA (SF) i STAGE DISCHARGE (FOR RISERJARRELL SPILLWAY W EMERGENCY WEIR) RISER Dr = 24 Riser Dia. (in) Etop = 20.00 Elev. Top Riser (ft) 10.01 Cwr = 3.3.3 Riser weir coeff Cdr - 0.60 Riser orifice coeff H 1 n = 5 Number of Holes H 1 d = 2 Hole Dia. (in) EH 1 - 20.00 Elev. Holes (1) H2n - 5 Number of Holes H2d = 2 Hole Dia. (in) EH2 - 20.00 Elev. Holes (2) Han = 0 Number of Holes Elevation 4.00 4.00 4.02 4.08 4.18 4.33 4.54 4.81 5.13 5.48 5.81 6.09 6.32 6.49 6.59 6.65 6.66 6.63 6.57 6.50 6.43 6.27 6.13 5.99 5.88 5.78 5.69 5.62 5.56 5.51 5.46 5.37 3d = 2 Hole Dia. (in) H3 = 20.00 Elev. Holes (3) ARREL: ; b = 15 Barrel Dia. (in) inv = 20.00 Elev Invert Barrel (ft) db = 0.60 Barrel orifice coeff Barrell Adjustment Factor MERGENCY WEIR Page 5 I w = 3 Weir coeff cr 5.15 Elev weir coeff (ft) w = 3.00 Weir Length (ft) .iser Riser Riser [Ole Hole Hale Riser Riser Barrel Principal Emergcy (1) (2) (3) (weir) (orifice) Spillway Weir 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0:0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 I 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 I 0.0 0,0 0.0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 1.7 0.0 0.0 0.0 0.0 0.0 0.0 0.00 4.8 0.0 0.0 0.0 0.0 0.0 0.0 0.00 8.2 0.0 0.0 0.0 0.0 0.0 0.0 0.00 11.4 0.0 0.0 0.0 0.0 0.0 0.0 0.00 13.9 I 0.0 0.0 0.0 0.0 0.0 0.0 0.00 15.6 0.0 0.0 0.0 0.0 0.0 0.0 0.00 16.5 0.0 0.0 0.0 0.0 0.0 0.0 0.00 16.7 0.0 0.0 0.0 0.0 0.0 0.0 0.00 16.2 0.0 0.0 0.0 0.0 0.0 .0.0 0.00 15.3 0.0 0.0 0.0 0.0 0.0 0.0 0.00' 14.2 j 0.0 0.0 0.0 0.0 0.0 0.0 0.00 13.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 10.7 0.0 0.0 0'0 0.0 0.0 0.0 0.00 8.7 i 0.0. 0.0 0.0 0.0 0.0 0.0 0.00 7.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 5.6*SEAL 0.0 0.0 0.0 0.0 0.0 0.0 0.00 4.5 0.0 0.0 0.0 0.0 0.0 0.0 0.00 3.60.0 0.0 0.0 0.0 0.0 0.0 0.00 2.90.0 0.0 0.0 0.0 0.0 0.0 0.00 2.4 • 0.0 0.0 0.0 0.0 0.0 0.0 0.00 1.9 i , *....fN1rP .•' ������i/s�gNrC.l �Vtox 0.0 0.0 0.0 0.0 0.0 0.0 0.00 t .6 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.9 I 5.31 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.6 ROUTING 01 Time t (hr) 0.000 0.114 0.228 0.342 0.456 0.570 0.685 0.799 0.913 1.027 1.141 1.255 1.369 1.483 1.597 1.711 1.825 1.939 2.054 2.168 2.282 2.510 2,738 2.966 3.194 3,423 3,651 3.879 4.107 4.335 4.563 5,134 5.704 i I INFLOW HYDROGRAPH THROUGH POND AND OUTFLOW DEVICE Total Riser Riser Riser Barrel Emerg nflow Storage Stage Outflow Holes (weir) (orifice) Spillway cfs of Elevation cfs (1 +2+3) cfs cfs cfs cfs cfs 0 0 4.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0 4.00 0.00 0.00 0.00 0.00 0.00 0.00 3 315.911 4 M 0.00 0.00 0.00 0.00 0.00 0.00 5 1368.95 4.08 0.00 0.00 0.00 0.00 0.00 0.00 8 3369.72 4.18 0.00 0.00 0.00 0.00 0.00 0.00 12 6634.13 4.33 0.00 0.00 0.00 0.00 0.00 0.00 17 11583.4 4.54 0.00 0.00 0.00 0.00 0.00 0.00 21 18533.5 4.81 0.00 0,00 0.00 0.00 0.00 0.00 24 27168.4 5.13 0.00 0.00 0.00 0.00 0.00 0.00 25 36961.6 5.48 1.68 0.00 0,00 0.00 0.00 1.68 26 46697.6 5.81 4.81 0.00 0.00 0.00 0.00 4.81 25 55252.9 6.09 8.24 0.00 0.00 0.00 0.00 8.24 24 62294,2 6.32 11.43 0.00 0.00 0.00 0.00 11.43 22 67395 6.49 13.91 0.00 0.00 0.00 0.00 13.91 20 70739.2 6.59 15.61 0.00 0.00 0.00 0.00 15.61 17 72543.3 6.65 16.55 0.00 0.00 0.00 0.00 16.55 14 72908.8 6.66 16.74 0.00 0.00 0.00 0.00 16.74 12 71931.8 6.63 16.23 0.00 0.00 0.00 0.00 16.23 10 70112 6.57 15.28 0.00 0.00 0.00 0.00 15.28 8 67941.8 6.50 14.18 0.00 0.00 0.00 0.00 14.18 7 65592.4 6.43 13.01 0.00 0.00 0.00 0.00 13.01 5 60799 6.27 10.72 0.00 0.00 0.00 0.00 .10.72 4 56349.5 6.13 8.72 0.00 0.00 0,00 0.00 8.72 3 52286.5 5.99 6.99 0.00 0.00 0.00 0.00 6.99 2 48798.5 5.88 5.60 0.00 0.00 0.00' 0.00 5.60 1 45819.7 5.78 4.49 0.00 0.00 0.00 0.00 4.49 1 43290.6 5,69 3.61 0.00 0.00 0.00 0.00 3.61 1 41171.8 5.62 2.91 0.00 0.00 0.00 0.00 2.91 1 39391.2 5.56 2.36 0.00 0.00 0.00 0.00 2.36 0 37891.3 5.51 1.93 0.00 0,00 0.00 0.00 1.93 0 36620.3 5.46 1.59 0.00 0.00 0.00 0.00 1.59 0 33940.1 5.37 0.93 0.00 0.00 0.00 0.00 0.93 0 32283.3 5.31 0.59 0.00 0.00 0.00 0.00 0.59 6.66226 = maximum stage elevation 16.7372 = maximum discharge Page 6 POND VOLUME CALCULATIONS FOR Pond A Millbrooke Subdivision Project Name: Millbrooke Subdivision Project Number: 041212 Forebay & Basin Volume Calculations - Pond A POND CALCULATIONS AREA PERMANENT POOL SURFACE AREA MAIN BASIN SURFACE AREA FOREBAY SURFACE AREA AREA AT EDGE OF MAIN BASIN SHELF AREA OF MAIN BASIN BOTTOM AREA AT EDGE OF FOREBAY SHELF AREA OF FOREBAY BOTTOM SURFACE AREA AT 1" STORAGE ELEVATIONS PP ELEVATION ELEVATION AT EDGE OF MAIN BASIN SHELF ELEVATION OF MAIN BASIN BOTTOM ELEVATION AT EDGE OF FOREBAY SHELF ELEVATION OF FOREBAY BOTTOM ELEVATION OF 1" STORAGE VOLUME CALCULATIONS IF 24.056.66 17,643.18, 6,413,48 12,654.97' 9,230.54 j. 4,073.74 j 3,097.14 26,460.61 F 4.00 2.33 0.00 2.33 1.00 j 5.15 IF MAIN BASIN VOLUME 50,795.57 FOREBAY VOLUME 13,525.46 PERMANENT POOL VOLUME 64,321.04 FOREBAY PERCENTAGE OF TOTAL PERMANENT POOL VOLUME 21.03% TEMP. STORAGE VOLUME (1" RUNOFF) 29,047.43 TEMPORARY STORAGE OFFSET SLOPE (EX: IF 3:1 ENTER 3) 3.00 l OFFSET FROM PP 3.45 BASIN DIAGRAM CALC MAIN POND SEDIMENT REMOVAL ELEVATION 1.00 PP DEPTH READS ... SEDMENT SHALL BE REMOVED 3.00 FOREBAY SEDIMENT REMOVAL ELEVATION 1.75 PP DEPTH READS ... SEDMENT SHALL BE REMOVE L•rod 9 2.25 EAL _ 18550 8/31/2006 2:25 PM C. �e,c`t PAGEA OF 1 �����rrrr r i r r �r►���`���\ PERMANENT POOL DETENTION PONDS Hyman & Robey, PC DESIGN OF POND -M I Iq , C[ \� _"I 150-A Hwy 158 East Camden, NC 27921 Millbrooke Subdivsion - Pond B �� _6�� 252)-335-1888 10 Yr, 24 Hr Storm 08/31/06 DETENTION POND r- - ,, t n , T, I✓ J ��CI �� Page I J :! � .r SAIDA PERCENTAGES FOR 90% TSS REMOVAL WITHOUT VEGETATIVE FILTER clo IMPRV 3.0 FT 3.5 FT 4.0 FT 4.5 FT 5.0 FT 5.5 FT 6.0 FT 6.5 FT 7.0 FT 10%a 1.3 1.0 0.8 0.7 0.6 0.5 0.4 0.3 0.2 20clo 2.4 2.0 1.8 1.7 1.5 1.4 1.2 1.0 0.9 30% 3.5 3.0 2.7 2.5 2.2 1.9 1.6 1.3 1.1 40% 4.5 4.0 3.5 3.1 2.8 2.5 2.1 1.8 iA 50% 5.6 5.0 4.3 3.9 3.5 3.1 2.7 2.3 19 60% 7.0 6.0 5.3 4.8 4.3 3.9 3.4 2.9 2.4 70% 8.1 7.0 6.0 5.5 5.0 4.5 3.9 3.4 2.9 800Io 9.4 8.0 7.0 6.4 5.7 5.2 4.6 4.0 3.4 90% 10.7 9.0 7.9 7.2 6.5 5.9 5.2 4.6 3.9 100% 12.0 10.0 8.8 8.1 7.3 6.6 5.8 5.1 4.3 WATERSHED AREA: 11.95 ACRES WATERSHED % IMPERVIOUS: 55 PERMANENT POOL ELEVATION: 4 FT DESIGN PERMANENT POOL DEPTH: 4 FT SAIDA PERCENTAGE FACTOR: 4.8 % POND SURFACE AREA REQ'D: FOREBAY AREA: AT WIDTH = 0.33 LENGTH, WIDTH = LENGTH Use these dimensions 91.2616 LF 273.785 LF 24986 SF 7496 SF (FROM ABOVE TABLE -TAKEN FROM DESIGN OF STORM WATER CONTROL FACILITIES WORKSHOP MANUAL - PENC 1988) (BASED UPON MINIMUM SURFACE AREA) WIDTH 95.07 LF LENGTH 288 LF VOLUME OF 1" RAINFALL AREA OF ROOFS: 2.21 AC AREA OF PARKING/CONCRETE: 4.35 AC AREA OF GREEN AREAS: 5.39 AC VOLUME OF RUNOFF 26936.4 CF STORAGE DEPTH FOR MINIMUM AREA = ELEVATION OF 1" RAINFALL = 4.98 Normal Pool Elevation q VOL (CF)=[(RO0F*1.0+(PARKING*.95)+(GRASS*0.2)1*43,560/12 0.98 FT DRAWDOWN - WATER QUALITY Q(2 DAYS) = 0.15588 CFS Q(5 DAYS) = 0.06235 CFS 1 " RUNOFF STAGE 0.98 FT DEPTH OF DRAWDOWN DEVICE BELOW OUTLET 1.5 FT 1 " RUNOFF OUTLET DEVICE: 2.43398 INCH DIA HOLE A= [Q/(Cd*SQRT(2gh)))* 144 Rad.=SQRT(A/PI) Dia. =2*Rad. DIAMETER OF HOLE TO USE: 2,75 INCH DIAMETER l" STORM RUNOFF DRAWDOWN TIME 2.23822 DAYS INFLOW HYDROGRAPH Return Year Storm 10 Yr Qp = Peak Discharge = 219 cfs Tc = Time of Concentration = 25.38 min Calculation of Tp (Time to Peak) From SCS NEH 4, page 15-7 Eqn, 15.4 Lag Time (L) = (1110.8*(S+I)^0.7)/(1900*Y^0.5) for L in Hrs where: l = hydraulic length of watershed (ft) - 2080 S = (1000/CN)- 10 = 2.5 CN = approximately same CN from TR-55 = 80 Y = avg. watershed land slope in % = 0.32 S = (1000/CN)-10 = 2.5 L= 1.00918 hrs From SCS NEH 4 , page 16-7 Eqn. 16.7 Tp=D/2+L where : D = unit of excess duration rainfall (hrs) L = Lag Time (hrs) From SCS NEH 4, page 16-8 Eqn. 16.12 D = 0.133 tc where: Tc = Time of Concentration (hrs) - (See Tr-55 Printout) THEREFORE: D = 0.05626 hrs Tp = 1.03731 hrs — 62.2387 min Volume under Hydrograph = 1.39 * Qp * Tp = 124058 Cubic Feet EF SEAL 18550 rrlII11 Inflow Hydrograph SCS Dimensionless Hydrograph Time Discharge Time Discharge Volume Ratio Ratio hr cfs cf 0.00 0.00 0.00 0 0.10 0.03 0.10 1 268 0,20 0.10 0.21 2 893 0.30 0.19 0.31 5 1696 s. 0.40 0.31 0,41 7 2767 0.50 0.47 0.52 11 4195 0.60 0.66 0.62 16 5891 0.70 0.82 0.73 20 7319 0.80 0.93 0.83 22 8300 0.90 0.99 0.93 24 8836 1.00 1.00 1,04 24 8925 1.10 0.99 1.14 24 8836 1.20 0.93 1.24 22 8300 1.30 0.86 1.35 21 7676 1.40 0.78 1.45 19 6962 1.50 0.68 1.56 16 6069 1.60 0.56 1.66 13 4998 1.70 0.46 1.76 11 4106 1.80 0.39 1.87 9 3481 1.90 0.33 1.97 8 2945 2.00 0,28 2.07 7 2499 2.20 0.21 2.28 5 3695 2.40 0.15 2.49 4 2624 / 2,60 0.11 2.70 3 1910 2.80 0.08 2.90 2 1374 3.00 0.06 3.11 1 982 3.20 0.04 3.32 1 714 .�j �ISEAL 3.40 0.03 3.53 1 518 _ '8350 3.60 0.02 3.73 1 375 3.80 0.02 3.94 0 268 5% s ��Y(?INESI?. 4.00 0.01 4.15 0 196 q/1+ C. R08�y'������ ���/II!lII1111{IUI�� . 4.50 0.01 4.67 0 223 5.00 0.00 5.19 0 0 Volume under hydrograph = 117837 cf Based upon runoff volume = 124058 cf Depth req'd for minimum area = 4.53094 Had = 2 Hole Dia. (in) EH3 = 20.00 Elev. Holes (3) BARREL: Db - 15 Barre] Dia. (in) Einv = 20.00 Elev Invert Barre] (ft) Cdb - 0.60 Barrel orifice coeff EMERGENCY WEIR Barrel] Adjustment Factor Cw = 3 Weir coeff Ecr - 5.00 Elev weir coeff (ft) Lw = 3.00 Weir Length (ft) Riser Riser Riser Elevation Hole Hole Hole Riser Riser Barrel Principal Emergcy (1) (2) (3) (weir) (orifice) Spillway Weir 4.00 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 4.00 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 4.02 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 4.07 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 4.15 0.0 0.0 0,0 0.0 0.0 0.0 0.00 0.0 4.26 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 4.42 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 4.64 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 4.89 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.0 5.16 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.6 5.43 0.0 0.0 0.0 0.0 0.0 0.0 0.00 2.6 5.68 0.0 0.0 0.0 0.0 0.0 0.0 0.00 5.0 5.89 0.0 0.0 0.0 0.0 0.0 0.0 0.00 7.5 6.05 0.0 0.0 0.0 0.0 0.0 0.0 0.00 9.7 6.17 0.0 0.0 0.0 0.0 0.0 0.0 0.00 11.4 6.25 0.0 0.0 0.0 0.0 0.0 0.0 0.00 12.6 6.29 0.0 0.0 0.0 0.0 0.0 0.0 0.00 13.2 6.29 0.0 0.0 0.0 0.0 0.0 0.0 0.00 13.2 6.27 0.0 0.0 0.0 0.0 0.0 0.0 0.00 12.8 6.23 0.0 0.0 0.0 0.0 0.0 0.0 0.00 12.3 6.18 0.0 0.0 0.0 0.0 0.0 0.0 0.00 11.6 6.07 0.0 0.0 0.0 0.0 0.0 0.0 0.00 10.0 5.96 0.0 0.0 0.0 0.0 0.0 0.0 0.00 8.5 5.85 0.0 0.0 0.0 0.0 0.0 0.0 0.00 7.1 5.75 0.0 0.0 0.0 0.0 0.0 0.0 0.00 5.8 5.66 0.0 0.0 0.0 0.0 0.0 0.0 0.00 4.8 5.58 0.0 0.0 0.0 0.0 0.0 0.0 0.00 4.0 5.51 0.0 0.0 0.0 0.0 0.0 0.0 0.00 3.3 5.45 0.0 0.0 0.0 0.0 0.0 0.0 0.00 2.7 5.40 0.0 . 0.0 0.0 0.0 0.0 0.0 0.00 2.3 5.35 0.0 0.0 0.0 0.0 0.0 0.0 0.00 - 1.9 5.26 0.0 0.0 0.0 0.0 0.0 0.0 0.00 1.2 Page 5 Millbrooke - Pond B Pasquotank County 10 yr STORM 30 25 3 20 vo 15 eV. ZZ a 10 -n 0 0.000 1,000 2.000 3.000 4.000 5.000 6.000 Time (hrs) INFLOW (cfs) OUTFLOW (cfs) POND VOLUME CALCULATIONS FOR Pond B Millbrooke Subdivision Project Name: Millbrooke Subdivision Project Number: 041212 Forebay & Basin Volume Calculations - Pond B POND CALCULATIONS AREA PERMANENT POOL SURFACE AREA MAIN BASIN SURFACE AREA FOREBAY SURFACE AREA AREA AT EDGE OF MAIN BASIN SHELF AREA OF MAIN BASIN BOTTOM AREA AT EDGE OF FOREBAY SHELF AREA OF FOREBAY BOTTOM SURFACE AREA AT 1" STORAGE ELEVATIONS PP ELEVATION ELEVATION AT EDGE OF MAIN BASIN SHELF ELEVATION OF MAIN BASIN BOTTOM ELEVATION AT EDGE OF FOREBAY SHELF ELEVATION OF FOREBAY BOTTOM ELEVATION OF 1" STORAGE VOLUME CALCULATIONS MAIN BASIN VOLUME ' FOREBAY VOLUME PERMANENT POOL VOLUME FOREBAY PERCENTAGE OF TOTAL PERMANENT POOL VOLUME TEMP. STORAGE VOLUME (i" RUNOFF) F2 20,572.62 6,809.86 14,751.91 10,765.19 4.403.38 3,415.47 29,765.38 F 4.00 2.33 0.00 2.33 1A0 5.00 F3 59,223.40 14,562.59 73,785.99 19.74% 28,573.93 TEMPORARY STORAGE OFFSET SLOPE (EX: IF 3:1 ENTER 3) 3.00 OFFSET FROM PP 3.00 BASIN DIAGRAM CALC MAIN POND SEDIMENT REMOVAL ELEVATION PP DEPTH READS ... SEDMENT SHALL BE REMOVED FOREBAY SEDIMENT REMOVAL ELEVATION PP DEPTH READS... SEDMENT SHALL BE REMOVER 8/31 /2006 2:38 PM SEAL lasso C. 1.00 3.00 1.75 2.25 PAGE 1 OF 1 5,19 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.8 Page 6 ROUTING OF INFLOW HYDROGRAPH THROUGH POND AND OUTFLOW DEVICE Total Riser Riser Riser Barrel Emerg 'rime Inflow Storage Stage Outflow Holes (weir) (orifice) Spillway t(hr) cfs cf Elevation cfs (1+2+3) cfs cfs cfs cfs cfs !:f 0,000 0 0 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.104 1 0 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.207 2 267.751 4.02 0.00 0,00 0.00 0.00 0.00 0.00 0.31 1 5 1160.25 4.07 0.00 0.00 0.00 0.00 0.00 0.00 0,415 7 2856.01 4.15 0.00 0.00 0.00 0.00 0.00 0.00 0.519 11 5622.77 4.26 0.00 0.00 0.00 0.00 0.00 0.00 L 0.622 16 9817.54 4.42 0.00 0.00 0.00 0.00 0.00 0.00 , 0,726 20 15708.1 4.64 0.00 0.00 0.00 0.00 0.00 0.00 0.830 22 23026.6 4.89 0.00 0.00 0.00 0.00 0.00 0.00 0.934 24 31326.9 5.16 0.58 0.00 0.00 0.00 0.00 0.58 1.037 24 39946 5.43 2.57 0.00 0.00 0.00 0.00 2.57 1.141 24 47912.2 5,68 5.03 0.00 0.00 0.00 0.00 5.03 1.245 22 54869.9 5.89 7.53 0.00 0.00 0.00 0.00 7.53 1.349 21 60357.5 6.05 9.70 0.00 0.00 0.00 0.00 9.70 MII G 1.452 19 64412.2 6.17 11.39 0,00 0.00 0.00 0.00 11.39 1.556 16 67120.5 6.25 12.56 0.00 0.00 0.00 0.00 12.56 1.660 13 68498.4 6.29 13.17 0.00 0.00 0.00 0.00 13.17 1.763 11 68578.1 6.29 13.21 0.00 0.00 0.00 0.00 13.21 1.867 9 67752.1 6.27 12.84 0.00 0.00 0.00 0.00 12.84 1.971 8 66437.9 6.23 12.26 0.00 0.00 0.00 0.00 12.26 2.075 7 64803.6 6.18 11.56 0.00 0.00 0.00 0.00 11.56 2.282 5 61170.1 6.07 10.03 0.00 0.00 0.00 0.00 10.03 2.490 4 57374.5 5.96 8.50 0.00 0.00 0.00 0.00 8.50 2.697 3 53649.8 5.85 7.07 0.00 0.00 0.00 0.00 7.07 , 2.904 2 50277.6 5.75 5.85 0.00 0.00 0.00 0.00 5.85 3.112 1 47285 5,66 4.82 0.00 0.00 0.00 0.00 4.82 I 3.319 l 44667.9 5.58 3.97 0.00 0.00 0.00 0.00 3.97 3.527 1 42417.9 5.51 3,28 0,00 0.00 0.00 0.00 3.28 3.734 1 40487 5,45 2.72 0.00 0.00 0.00 0.00 2.72 3.942 0 38831.3 5.40 2.26 0.00 0.00 0.00 0.00 2.26 ' 4.149 0 37407.5 5,35 1.90 0.00 0.00 0.00 0.00 1.90 4.668 0 34359.3 5.26 1.18 0,00 0.00 0.00 0.00 1.18 5.187 0 32384.2 5.19 0.77 0.00 0.00 0,00 0.00 0.77 lllll���i ROZ/ i °' 6.29128 = maximum stage elevation ; r= .1 13.2061 = maximum discharge _ ig� SEAL Ii' 18550 is 5' ONS C was !!1l11111}II 15, 2009 Mr. Roger Thorpe Dept. of Environment and Natural Resources Water Quality Section 943 Washington Square Mall Washington, NC 27889 Subject: Stormwater Management Permit Millbrooke Proj. #041212 Stormwater Permit No. SW7060903 Dear Mr. Thorpe: i® HYMAN C7 0 ROBEY-LA ` EP 2C. VA Enclosed is a copy of the recorded restrictive covenants for the above referenced project. Please note that the requirements of the stormwater permit are addressed in Article XII on page 920. If you have any questions or require additional information, please do not hesitate to call this office at (252) 335-1888. Sincerely, Kimberly D. Hamby Sr. Project Manager cc: file R O. Box 339 Camden, North Carolina 27921 (252)338-2913 www.hymanrobey.com