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HomeMy WebLinkAboutSW7960617_HISTORICAL FILE_20070615PERMIT NO. DOC TYPE STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE Hvman & Ro PC Consulting Engineers and Land Surveyors (252) 335-I888 Office (252) 338-2913 Office (252) 338-5552 Fax Mr. Bill Moore Dept. of Environment and Natural Resources Water Quality Section 943 Washington Square Mall Washington; NC 27889 Subject: Donald James Project # 070190 Dear Mr. Moore: June 1, 2007 JUN 15 ZOO/ D Vn��0�4vti�;i; 0 The purpose of this letter is to inform you of the development of lot 39 in Halstead Commercial Park which has already been permitted under SW7960617. We are submitting the E & S application simultaneously with this letter. The permit for Halstead Commercial Park was issued on October 18, 1996 to Rich, Rich and Nance. The impervious areas on developed lots should not exceed 75%. The Donald James site has a total proposed impervious area of only 138,809 sf or 63.5% of the site. All of the runoff from this site is collected and routed into the existing lot line swales that route stonnwater into the wet detention basins for the development. If you have any questions or require additional information, please do not hesitate to call this office at (252) 335-1888. cc: file Donald James Sincerely, Sean C. Robey, P.E. Kimberly Hamb Y Y Project Manager P. O. Box 339, Camden, NC 27921 cap FINANCIAL RESPONSIBILITYIOWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT JUN i �. CUtil EXPRESS PERMITTING OPTION No person may initiate any land -disturbing activity on one or more acres as cov ed boh&444 a is form and an acceptable erosion and sedimentation control plan have been comp e►Tt �� Land Quality Section, N.C. Department of Environment and Natural Resources. ( ea q1 CE the question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.) Part A. 1. Project Name_Dnn.T�ma�_ 2. Location of land -disturbing activity: County_ pas no t_a n k City or Township21 ; , a ho r h� 1t y Highway/Street Rich___BQU1evard Latitude 36019' ,Longitude_ 76°11' 3. Approximate date land -disturbing activity will commence:-.11.1y 2007 4. Purpose of development (residential, commercial, industrial, institutional, etc.): 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 6. Amount of fee enclosed: $__ 9 r Q . o . The Express Permitting application fee is a dual charge. The normal fee of $50.00 per acre (rounded up to the next acre) is assessed without a ceiling amount. In addition, the Express Permitting supplement is $250.00 per acre up to eight acres, after which the Express Permitting supplemental fee is a fixed $2,000.00 (Example: 9 acres total is $2,450). 7. Has an erosion and sediment control plan been filed? Yes No Enclosed_ 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name _Dnna 1 d james E-mail Address Telephone ( 2 5 2. ) -135-Q334 Cell # Fax # 9. Landowner(s) of Record (attach accompanied page to list additional owners): -LaBy ClrQmp, Inc. Name 1 a-�—n Rirh-- Current Mailing Address E1 izzbig t: h Tit;w Nr_• 2790g City State Zip Telephone Fax Number Current Street Address City State Zip 10. Deed Book No. 9.50 Page No. 51 1 Provide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet): Name 143-R,...R i ch hn>> 1 eva r-d Current Mailing Address Elizabeth city. Nc _279 9 City State Zip Telephone (252) 335-0334 E-mail Address Current Street Address City State Zip Fax Number 2. (a) If the Financially Responsible Party is not'a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name 3.77 144_3_7 Shoroiigh Sty -eat' Current Mailing Address City State Zip Telephone E-mail Address rrent Street Address City Fax Number 17 J�r_JuZt 4 WASHOWON REGIONAL&FICE (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address City Telephone Current Street Address State Zip City Fax Number State Zip (c) In order to facilitate Express Permitting, it is necessary to be able to contact the Engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: Engineering Firm or other consultant E-mail Address Individual contact person (type or print) Telephone Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in - fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there by any change in the information provided herein. Donald R. James Type or print name Signatur Secretar Title or Authority Date I,' Yl , a n. .. 1, (l •t,c' _, a Notary Public of the County of Vc s!G State of North Carolina, hereby certify that n, JCLr�� S _ appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this f a. ' day of 20yI MARIANNE L COOPER Notary Seal NOTARY PUBLIC PASQUOTANK COUNTX NC My commission expires - g PROJECT. DESCRIPTION' Donald James - Rich Boulevard Pasquotank County - North Carolina June 1,.2007 . ABBY Group, Inc is proposing to construct a new retail and facility on an approximately 5.01 acre parcel of land on Rich Boulevard in the Halstead Commercial Park off of Halstead Boulevard. It is currently vacant and is zoned Highway Business. Development will include the construction of five (5) buildings, (2) dumpster pads, a parking lot, an underground piped drainage system, required utilities and the installation of required landscaping. The proposed buildings will contribute 42,800 sf of impervious area. The parking will contribute another 89,355 sf and the concrete sidewalk and •dumpster pad will be 6,654 sf. The drainage area encompasses the entire site including all proposed impervious areas. The runoff from the buildings will be collected by gutter systems which discharge to the perimeter ditch system. Runoff from the parking lot will sheet flow across the parking lot to an piped drainage system which then drains to the detention pond permitted in existing storm water permit SW7960617. The maximum impervious area will be 3.18 acres or 63.5% of the site. The total disturbed area for this development will not exceed 4.41 acres. Limits of disturbance have been shown on the plans. ECEVE E Eeuu( LAND 9UALt1Y;'X1MfiCE WASHINGTON � y Consulting Engineers and Land Surveyors (252) 335-1888 Office (252) 338-2913 Office (252) 338-5552 Fax ZZ May 22, 2007 Mr. Bi Moore Dept. of Environment and Natural Resources 'RECEIVED Water Quality Section 943 Washington Square Mall MAY 2 9 2007 Washington, NC 27889 lJiIYQ`i ARO Subject: Stormwater Review SW7960617 Toyota of Elizabeth City Project # 070249 Dear Mr. Moore: This site is Lots 14-20 of Halstead Commercial Park. The permit for Halstead Commercial Park was issued on October 18, 1996 to Rich, Rich and Nance. The permit number is SW7960617. The impervious areas on developed lots should not exceed 75%. The Toyota of Elizabeth City site has a total proposed impervious area of only 58,835 sf or 69.03% of the site. All of the runoff from this site is collected and routed into the existing lot line swales that route stormwater into the wet detention basins for the development. If you have any questions or require additional information, please do not hesitate to call this office at (252) 335-1888. cc: file Tom Simms Sincerely, Sean C. Robey, P.E. Kimberly D amb Y Y Project Manager P. O. Box 339, Camden, NC 27921 o�oF w a rk�,Qt: RECOVER OCT - 6 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director D`A/Q_W RO Division of Water Quality SURFACE -WATER " PROTECTION SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: _-swri%oG i 1-7 2. Permit Holder's name: &c-� , 91GN w ge" Title:.. 3. - Signing official's name: �_� . :�. PA4-rNE2. (person legally responsible for permit) ^ 4. Mailing address: zloo S . WATT S- iF -r City: EuzAiSeTN G rry 3 zi83 State IJC- ZipCode: Z7909 Phone �z FAXa I "(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) a. Change in ownership of the propertylcompany (Please complete Iterhs #2,• #3, and #4 below) b.- Name change of project (Please;comple'te Item#5 below) , e. - -? ' 'Mailing addres's change. (Please complete 'ltern #4 below) d. Other (please explain): 2. New owner's name to be put on permit: _ HAt.5TE'Ah VEN-ro)2E 177QTN s u-C- 3. New owner's`si-,ning.ofhcial's name and title: A., R. 6-1466-.J 4.. New Mailing Addkess: P,o• 6ox j I14' 1 cal Ci r t.c.t ty: _ Anw STa ,-3 State: l3 L ZipCode: Z7 89'Z Phone:(ZA 79Z YYB(,, FAX: Gla(�C) (Area Code and Number). (Area Code and Number) 5. New Project Name to be placed on permit:-' Page'1 of'2 North Carolina Division of Water Quality Intemet: wwwnawatemuality.om One 943 Washington Square Mall Phone (252) 946-6481 NorthCarohna Washington, NC 27889 Fax (252) 946-9215 AR'tlll'ally An Equal Opportuntly/Attlmtative Action Employer — 50% Recyded110% Post Consumer Paper PERMIT NAMEIOWNERSHIP 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. d 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed rest-'ictioris;"if,required'by,thelpermit. 4. The designer's certification, if required by the,permit. 5. A signed Operation` and MVlaintenance plan;' if' a.'sys#em that requires maintenance will change ownership. E ., .•T =�° ::; max, �=• - 6. Mainfenance'records:. CERTIFICATION MUST BE -COMPLETED AND SIGNED BY BOTH THE CURRENT -PERMIT HOLDER AND -THEE EW APPLICANT IN THE CASE OF A C AN E OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current P`ermittee's Certifica y - attest that this app#ice#ion ' 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 attach s. are. not included, this.,application. package will be returned as, into ' ,� ' Signature: Date: �_0 b . New Applicant's Certification. (Mast be completed for all transfers of ownership) attest that`"this application for an 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. attachmegts1are not included, this application package will be returned as incomplete. � = Signature:'; '�: Date. 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 11 �./ t ✓ 1 lumd Inu V 20M 11150. tens $lata of North Camrm C"tY Rest est at a Exclee Tax OCT - 6 2006 DWQ-WARO .3WK 905 PAGE 307 9LIo In Pee tank county. He nn Mug 17 MW at O2MM PM by NWO .L Stmar-our FEMSTER OF � Excise 1hx: S Recorxiing Time. [look and Page: Tax Lot No. Parcel Identifier No. Verified by County on the day of by Mail after recording to: Michael C. Casey, Esq., P.O. Box 28, nags Head, NC 27959 This instrument was prepared by: Thomas P. Nash, IV Brief Description for Index: NORTH CAROLINA GENERAL WARRANTY DEED This DEED, made this 13" day of March 2DD6 by and between GRANTOR i GRANTEE B&B VENTURES OF NORTH CAROLINA, HALSTEAD VENTURE PARTNERS, LLC A North Carolina General Partnership Post Office Box 1 147 400 S. Water Street Williamston, NC 27892 Elizabeth City, NC 27909 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity; e.g. corporation or partnership or limited liability company. 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 Grantor, for a valuable consideration paid by Grantee, the receipt of all of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the said Grantee in fee simple, all that certain lot or parcel of land situated in the City of Elizabeth City, Elizabeth City Township, Pasquotank County, North Carolina, more particularly described as follows: See Exhibit A, attached hereto for legal description. PA50UOTANKCOUNTY !� Deed number Transfer tax $ � d Pas, 1awk County Assessor's Cflice = M5 PAGE 3W The property heremabove described was acquired by Grantor by instrument recorded in Book 601 Page 703 A map showing the above described property is recorded in Map Book 21 Pages 44 & 45 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Orantor will warrant and defend the title against the lawful claims of all persons whomsoever except the following exceptions or objections to title: Restrictive Covenants as recorded in Book 533, Page 262 and Supplemental Declaration recorded in Book 601, Page 710 in the Pasquotank County Registry. Easements appearing of record in the Pasquotank County Registry. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal, or -ifi orporate, has caused this instrument to be signed in its corporate name by its duly snihnewed officers and its seal to be hereunto affixed by authority of its Board of Uirmtors, the day and year first above written. B&B VENTURES OF NORTII CAROLINA, A N®rth C G `Hera] Ps nersh� (SEAL) (Corporate Name) By�_'J,By eam tc enagln8Partner _ (SEAL) President AITFSC: (SEAL) Secretary (Corporate Seal) (SEAL) STATE OF NORTH CAROLINA, COUNTY OF I, D. k uU 't' ..LL A Notary Public do hereby certify that that William D. Rich, Managing Partner of B&B Ventures of North Carolina, a NC General Partnership personally Appeared before me this day and acknowledged the due execution of the foregoing instrument for the purpoyp q �'ssed. This �°J})1 day of -- 2006 c� NOTAHY�`R}•-St!'a�4 Notary Public My commission expires: O Q. ao- ac 1 Q STATE OF NORTH CAROLINA, COUNTY OF 1, a Notary Public do hereby certify that personally came before me this day and acknowledged that he is Secretary of a North Carolina corporation, and that by authority duly given and as the act ofthe corporation, the foregoing instrument was signed in its name by its President, scaled with its corporate seal and attested by self as its Secretary. Witness my hand and official stamp or seal this day of 2004 (SEAL) Notary Public My commission expires: North Carolina, County The foregoing certificate(s) of is cenified to be correct. This instrument was presented for registrations this 20 _, a{ .M., and duly recorded in the Office of the Register of Deeds for Book at Page This day of , M By:_— County Register of Deeds r1B&B-halstead deed day of County, North Carolina, in i 300K 905 PAGE 309 EXHIBIT A Being all those certain lots or parcels of land located in The City of Elizabeth City, Elizabeth City Township, Pasquotank County, North Carolina more particularly described as follows: Being all of Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 33, 34, 35, 36, and 41, Phase II, Halstead Commercial Park, as shown and delineated on that certain plat entitled in part "Final Subdivision Plat for Phase II Halstead Commercial Park" dated June 13, 1996 and prepared by McDowell & Associates, P.A., as recorded in Map Book 21, Pages 44 and 45 (also known as Plat Cabinet 3, Slides 396 and 397), Pasquotank County Registry. L01— 'PIti( #k 115— S-9 3b3�IyZ334 I CP '�rlj 13b34�1 33Z� r�! 9q1 303 yQ339`j g 'Vq1 303 tIy(135g I al -e91 30 3 11(15 3W) Z o g `)1 303 CIL/ Ca 3 Z!j, z I $91 3a3 (A/-73O4 ZZ I 30 LIU-73d�j Z3 gel 3a"3 UU �'356 Z�( FsQII 303 UU921(r z �j Ff9! 303 tlN `7 �� 1 2 &91 -303 99/ 3 3oC,/ 530 �95� 30y 532 3°q 5(/- o[v -SOL/ 5(/, lyo 3� 91 30L/ SC/� / 0-7 303 VV5 (Poo 300K 905 PAGE 310 ?RM In r.nk cemfy, NC VI My li 2= gt 02 M PI! by: Mu a summ m r• REGISTM OF 0�MS Prepared by and return to: Thomas P. Nash, IV, 200 N. water Street #2A, Elizabeth City, NC 27909 STATE OF NORTH CAROLINA COUNTY OF PASQUOTANK ASSIGNMENT OF DEEDS OF TRUST THIS ASSIGNMENT made and entered into this 1 day of March, 2006 by and between ECT VENTURE, a Texas joint venture, hereinafter "Assignor" and B&B VENTURES OF NORTH CAROLINA, a North Carolina general partnership, hereinafter "Assignee"; W I T N E S S E T H: WHEREAS, on the 319` day of December, 1991, Rich, Rich & Nance, a North Carolina general partnership executed to Ben Berry, Trustee and Centura Bank, Deeds of Trust covering certain real estate located in Pasquotank County, North Carolina, which Deeds of trust are recorded in Book 523, Page 777, Book 523, Page 188 and Book 523, Page 794, in the Office of the Register of Deeds of Pasquotank County, North Carolina; and WHEREAS, on the 18t day of December, 1992, Rich, Rich & Nance, a North Carolina general partnership executed to Ben Berry, Trustee and Centura Bank a Deed of Trust covering certain real estate located in Pasquotank County, North Carolina, which Deed of Trust is recorded in Book 536, Page 174, Pasquotank County Registry; and WHEREAS, said Deeds of Trust were modified by Modification Agreement dated December 16, 1994 recorded in Book 570, Page B84, Pasquotank County Registry; and = 905 PAGE 311 WHEREAS, said Deeds of Trust were assigned to ECT Venture by Assignment of Deed of Trust recorded in Book 570, Page 897, Pasquotank County Registry; and WHEREAS, Thomas P. Nash, TV was substituted as Trustee by Substitution of Trustee recorded in Book 570, Page 899, Pasquotank County Registry; and WHEREAS, said Deeds of Trust were further modified by Renewal, Extension and Modification Agreement dated December 16, 1994, recorded in Book 570, Page 901, Pasquotank County Registry; and WHEREAS, the property hereinafter described was conveyed by Rich, Rich & Nance to B&B Ventures of North Carolina by Deed recorded in Book 601, Page 703, Pasquotank County Registry; and WHEREAS, said Deeds of Trust were further modified by First Amendment of Renewal, Extension and Modification Agreement recorded in Book 601, Page 499, Pasquotank County Registry; and WHEREAS, Assignor has agreed to assign the Deeds of Trust as amended and modified to Assignee as hereinafter set out. NOW, THEREFORE, Assignor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration the receipt of which is hereby acknowledged, does hereby grant, sell, assign, transfer and convey unto Assignee, its successors and assigns, all of Assignor's right, title and interest, both legal and equitable, in, to, and under those Deeds of Trust recorded in Book 512, Page 777, Book 523, Page 788, Book 523, Page 794 and Book 536, Page 174, as same are assigned in Book 570, Page 897 and as same are modified and/or extended in Book 570, Page 884, Book 570, Page 901 and Book 601, Page 499, all in the Office of the Register of Deeds for Pasquotank County, North Carolina as herein above referred to. This Assignment is made without recourse. Assignor further authorizes and empowers Assignee, its successors and assigns, to exercise all rights, power and privileges conferred upon Assignor by the Deeds of Trust, including, but not .limited to, the right to invoke the foreclosure and sale authority given in the Deeds of Trust to the beneficiary and the right to cancel said Deeds of Trust of record in the Pasquotank County Register of Deeds Office, in as full and ample a manner as Assignor is authorized and empowered to exercise the same. IN TESTIMONY WHEREOF, ECT Venture has caused this instrument to be signed in its name by its duly authorized venturers and its seal to be hereunto affixed, and Assignee has hereunto noted its acceptance of this Assignment, the day and year first above written. ECT VENTURE, a Texas Joint Venture (SEAL) By: r - _+ (SEAT,) William S. Nance, Venturer Rock N. Houstoun, Venturer Accepted: B&B VENTURES OF NORTH CAROLINA, A Ncrth Carolinay—G�e 1 Partnership ,. .LJ By: � i,s (SEAL) William D. Rich, Managing Partner STATE OF COUNTY OFrl�, I, , a Notary Public for the said County and State, do hereby C rtify that William S. Nance, Venturer of ECT Ventures, a Texas Joint Venture, personally appeared before me this day and acknowledge the due execution of the foregoing instrument on behalf of the company. tness my hand and official seal, this day of 2006. My commission expires: N Pu lic NOTARYPU X STATE OF TEXAS S COUNTY OF 5 I, &A;fe H,-UA1ZDije a Notary Public for the said County and State, do hereby Certify that Rock N. Houstoun, Venturer of ECT Ventures, a Texas Joint Venture, personally appeared before 3WK 905 PA[E 313 me this day and acknowledge the due execution of the foregoing instrument on behalf of the company. Witness my hand and official seal, this the day of 12LN , 2006. My commission expires: 4 Notary Public COUNTY OF I, /ifmry -, a Notary Public for the said County and Sta e, do hereby certify that William D. Rich, Managing Partner of B&B Ventures of North Carolina, a North Carolina General Partnership personally appeared before me this day and acknowledge the due execution of the foregoing instrument on behalf of the company. witogss my hand and official seal, this the day of 2006. .03:3rtiy My comet ss' on expires: IJ ••U` .r^Jt otary Public _{� �`•:i _Y rlect-BdB assignment .ti •�,~ d W A rF9p Michael F. Easley, Governor o�OF G � William G. Ross It., Secretary rNorth Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 1000000 August 31, 2006 Mr. William Rich 400 South Water Street Elizabeth City, NC 27909 Subject: Stormwater Permit No. SW7960617 Halstead Commercial Park — Phase 2 Pasquotank County Dear Mr. Rich: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW7960617 to Rich, Rich & Nance for Halstead Commercial Park, Phase 2 on October 18, 1996. This permit expires on October 18, 2006. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwaterrules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no -longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10.000 per day. If you have any questions, please feel free to contact me at 252-948-3919. Sincerely, Bill Moore, Environmental Engineer Surface Water Protection Section Washington Regional Office Enclosures cc: Venture Partners, LLC McDowell & Associates v-Washington Regional Office North Carolina Division of Water Quality Internet: www,rscwatcrc1uali1y,grR One 943 Washington Square Mall Phone (252) 946.6481 Nort,hCaroiina Washington, NC 27889 Fax (252) 946-9215 Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of t��mal piece or on the front if space ermits I bh--, 1. Article Addressed to: MR WILLIAM RICH i 400 SOUTH WATER STREET ELIZABETH CITY NC 27909 A. Signature f ❑ Agent x ( r . ❑ Addressee B��eceiv by rf ed Name) C. j/P/,'very Cil c ./1r�nG C��Ok D. Is delvery addrds different from Item 17 ❑ Yds If YES, enter delivery address below: ❑ No 3. Service Type 015ertified Mail ❑ Registered J ❑ Insured Mall ❑ Express Mall ❑ Retum Receipt for Merchandise 130.0.0. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article (Trans :7006 01'd i 0000 ?8374 i 38.46 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 �R. UNITED STATES POSTAL SERVICE ROCKY N%10U.. HC 278 1 • Sender: Please print your name, address, and ZIP+-41M*fhis box • N. C. Department of Environment & Natural Resources Washington Regional 0Mce DWQ/Surface Water Protection 94, Washington Square Mall Washington North Carolina 27889 {3FFiE; �-�L �y7E Postage 11 Certified Fea © Return Receipt Fee (Endorsement Required) Restricted Delivery Fee �(Endorsement Required) E= Toted 13manan & Fees ` C3 ;,, oMR WILLIAM RICH r- 400 SOUTH WATER STREET i i , ELIZABETH CITY NC 27909 �pdS�ntm a��l4lOro L£ A i NC � Serditied Mail Provides: fa��,aa! zooz eunrVoge sd A. ling receipt ■ A unique Identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First -Class Mail® or Priorlty Mail®. ■ Certified Mail Is not avallable for any class of International mail, ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For ari additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt seance, please complete and attach a Return Receipt (PS Form 38111 to the article and add applicable postage to cover the fee. Endorse mailpiece Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a LISPS® postmark on your Certified Mail receipt is required. ■ For ar�,additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement' Restricteelivery',, ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the past office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available en mall addressed to APOs and FPOs. Michael F. Easley, Governor O�O� W A r�9QG ❑ 'C Halstead Venture Partners, LLC Attn: Al R. Chesson Jr. PO Box 1147 Williamston, NC 27892 Dear Mr. Chesson: William G. floss Jr., Secretary North Carolina Department of Environment and Natural Resources September 21, 2006 SUBJECT: Halstead Commercial Park, Phase 2 Alan W. Klimek, P.E. Director Division of Water Quality This office received a stormwater change in name/ownership form for the subject project on September 13, 2006 from Bill Rich & Associates. Mr. William D. Rich has indicated that you are the new owner of this project. For our records we need you (if you are the new owner) to sign the back of the name/ownership change form under "New Applicant's Certification" area — print your name, sign and date) If you have any questions, please feel free to contact me at (252) 948-3818. Sincerely, ' J& 4, Della Robbins DWQ Administrative Assistant Enclosures cc: Bill Rich & Associates WaRO North Carolina Division of Water Quality lntemet: www.ncwatuquality.org 943 Washington Square Mall Phone (252) 946.6481 Washington, NC 27989 Fax (252) 946-9215 NorthCarolina Naturally An Equal OpportunitylAffirmative Action Employer — 50% Retycled110% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0100 0000 8379 3846 August 31, 2006 Mr. William Rich 400 South Water Street Elizabeth City, NC 27909 Subject: Stormwater Permit No. SW7960617 Halstead Commercial Park — Phase 2 Pasquotank County Dear Mr. Rich The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW7960617 to Rich, Rich & Nance for Halstead Commercial Park, Phase 2 on October 18, 1996. This permit expires on October 18, 2006. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. ' You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact me at 252-948-3919. Sincerely, Bill Moore, Environmental Engineer Surface Water Protection Section Washington Regional Office Enclosures cc: Venture Partners, LLC McDowell & Associates vXNashington Regional Office North Carolina Division of Water Quality Internet: www.newaterquality.ors One 943 Washington Square Mall Phone (252) 946-6481 NorthCarolina Naturally Washington, NC 27889 Fax (252) 946-9215 atuy+a`/ly An Equal OpportunitylAtfirmatve Action Employer - 50% Recycled110% Post Consumer Paper `/ y L emar'le & ASSOCIATES, LTD. July 31, 2006 NCDENR —Washington Regional Office 943 Washington Square Mall Washington, NC, 27889 ATTN.- Roger Thorpe RE: Halstead Commercial Park, Phase 2, Lot 41 Elizabeth City, Pasquotank County, NC Permit No. SW7960617 (October 18, 1996) Dear Mr. Thorpe: AUG 0 2 2006 Find enclosed a copy of the Site Plan for Sunrise Bay, LLC for proposed improvements to the above -mentioned property. Lot 41 is the smallest lot in Halstead Commercial Park, and in order to make the property more accommodating for its current Zoning, the developer intends to construct a bulkhead along the property line at the pond's edge. The developer . has contacted the Property Owners Association and gained their approval for the modification and the City of Elizabeth City requires only that we follow through with NCDENR for a Permit Modification. It does not appear that the bulkhead will adversely affect the intended volume of the pond. Also, access to the pond for maintenance is still available from the open space adjacent to Lot 41. Please review the enclosed plan and contact me with any comments or concerns. Sincerely, Jason A. Mizelle Project Manager cc: EC1005B Engineering -- Surveying -- Land Planning 117C N, Water Street, Elizabeth City, NC 27909 Telephone: 252-338-5771 Fax: 252-338-5719 x->r•:�' (�. ,t} 4.�.I•'1—ir .1•'a .t s'�)+. N'',.%�1�fiy� tr `, r•+,t#+;+F il+ �• ..� c, ,��A ts'� �'{3[. D I � i�.� ; t�_. �. � �� wat+• � � 1. r-r�-r..3R.. 1 k s�� f If �Mr Y� `�1��4i'� 'tit}}a _`r-7y'� lY.�c•�ls,,J E�,� 4� 'r.,+�e•� - :+''rMF. ,1••^`pr �. a 'VA � �-.- " ���,+ 1 � "^ r��"C� �.4 � ,t{I -L � t'.C- ;.i ' ►��� �, K��r J., �� � .- ��'.••-y� � �171 I !Awl'.+yyC�' ;_ 9,_ t . r ,fs,,� . '", •�, "' .s ya AT-CYA All % i" PdL��rsw N}'e+�xf''F . _9 00 Kath r.ynG•t q��r ,.n , , . ;A�, � s-. f :t¢ 7 �i�i" �. � � [ FW�� } r•fZr'r�Ya ."t 15; %�..} f �'s �� -., F �S � � �t C �� �y �•: ,C i•. 7`t -�� /� V. LLp3.a\y" a r� t� Yj i 'fix 4. 'F 24 �' { ' `e•rF _Y st dK..�."r".�- a t5 , i �'�1 +y 4 ; j�.+.� 7x {ski P. ' ` SS xy�i ti _ r}, HASCZ, S{S •ri^; g efi > - k h r, t i,r ' f f's '' w \j! :,si �"".r/ ..t, !" F'y+w6 �;? ,,,ri a,9 — " ' �:'.'.e,� •!F•,4 �t '1.„c+ _ 1 °` 4:�_7C O `\ 1�L ✓�Zy'�GL VS�/�. 7� � Jx'r .�. � .�"} � dKJ,i fry. "{ p"'." !LT11..t 1, 4+�'* `"�` ,.�, '. ,��v •,�i' � .;-Q f7 r �, t >♦ c ''" 3 aid 2RI.s * ,�.1 {i J ,•y _. Sri_ p: .� r 7 j� . r-. ✓�J "';',C . �' .'jy �'/,el. %! 'ft;. ,C `` y "3 max,^ ; [`,�` �5. T Y,�" >•v-, Y M'� '7� � ��f i �� � �y iiC} f, ` ^a `��. T �;� I �(•+� r� r .�ti � j,+ '"ia� vE.V; �� c yrr• '�'`� .;��f�0 ! �� �' CIS •C. ,_te ., 1}9��' V i ice" } n 1��� �},l, ,�� oyr.�' ` .i' � :.i�f!'' •�� �, � ,..;1�' J. t� .ti:i. , fY T7 7�'•' `��' � :..� a�." - O�f r .rr.. ',,'•';lr tlYr ki' ~�" + ' i 1`• f,.•%`r `• �''i t-r :�. ��' �' ��o E , ` �j /, PFI �•T #� � `a✓< 7 R� % I� ,�} r�1� � �l R� ^1 ���,(4 y° � i�; \�i,;�7 �'L '+le ��}'�t• � �{• .-, +.' ht, , "���(� f �, , r%i-TT�.�p.��e; e 3 it fi; w � Goo, Ie�Earth; 000 • •' *-, I . State of North Carolina Department of Environment and Natural Resources.: Division'of Water Quality'' Washington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director DIVISION, OF WATER QUALITY Mr. John Clark Post Office Box 617 Clinton, North Carolina 28329 Subject: Gas.Station and Food Mart S W7000617 Pasquotank County Dear Mr. Clark: This -office received your Erosion and Sedimentation,Control application on June 27, 2000. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that are covered under Stormwater Permit No. SW796061.7 issued to Halstead Commercial Park. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Any future modifications to the project may require an additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, Y,.-Jim Mulligan Regional Water Quality Supervisor cc: McDowell & Associates Pasquotank County Inspections -Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer W a f AW AMC 49— W 9 NcDOWELL & AS$OC/Ams P.A. '°°`` 47f ENGINEERS • SURVEYORS William P. McDowell, III Post Office Box 391 1715 Weeksville Road Elizabeth City, NC 27907-0391 June 26, 2000 Mr. Patrick H. McClain, P.E. Division of Land Resources Land Quality Section 943 Washington Square Mall Washington, NC 27889 RE: Erosion and Sedimentation Control for Sampson-Bladen Oil Co. (Mc/A: E1558) Dear Mr. McClain: Telephone: (252) 338-4161 e7D o a Fax: (252) 335-9585 f17 JUN 2.7 t.AND OUAUTY SECTION WASHINGTON REGIONAL OFFICE Enclosed please find for your review and approval, the following information on the above referenced project: 1. Three (3) copies of Site Plan, dated 6-16-00. 2. Three (3) copies of executed.°Financial Responsibility/Ownership Form". 3. Check in the amount of $50.00, as payment of the required review fee. This project. is located on Lot 30 in Phase 2 of "Halstead Commercial Park", which commercial subdivision received stormwafer approval on October 18, 1996, for a "high density" development (Permit No. SW7960617). The improvements for this project are within the scope of the permit referred to above, so no formal stormwater submittal has been made. Please advise if you need any other information, or if you have any questions concerning the information provided. Sincerely yours, Don A. Bunch Engineering Technician DAB/rae Enclosures CC: Mr. John Clark, Owner _t FINANCIAL RESPONSIBILITY/OWNERSI SEDIMENTATION POLLUTION CONTR Q 9 W E ,SUN 2 7 2000 P FVWDUALITY SECTION ►NA94+1.'t-GTON REGIONAL OFFICE No: person may initiate any land -disturbing activity on one or more contiguous acres as covered by the Act Wore this form and an acceptable erosion and sedimentation control plan have been Completed and approved by the Land Quality Section, N.C. Department of Environment; Health, and Natural Resources. (Please type or print and, if question is not applicable, place NIA in the blank.) Part A. 1. Project Name Sam son-gl n- Oil Co. 2. Location of land -disturbing activity: County Pasquotank , City or Township Elizabeth City and Highway / Street Halstead Blvd. (SR 1 1 52 ) Roanoke Ave. 3. Approximate date land -disturbing activity will be commenced: Summer 2000 4. Purpose of development (residential, commercial, industrial, etc.) : Commercial 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas) : 2.0 6. Amount of fee enclosed $ 50.00 (attached) T. Has an erosion and sedimentation Control plan been flied ? Yee NO 8. Person to contact should sediment Control issuesarise during land-clisturbing activity. Name_ Don Bunch Telephone 252-338-4161 9. Landowner (s) of Record ( Use blank page to list additional owners.): Sampson-Bladen Oil Co. Name (s) Box 617 Current Mailing Address Current Street Address Clinton, NC 28329 City State - Zip City. State Zip 10. Recorded in Deed Book No. 643 Page No. - 466 Part B. 1. Person (s) orfirms (s) who are financially responsible for this land -disturbing activity (Use the blank page to list additional persons or firms): Name of Person (s)or Firm (s) Box 612 Mailing Address Clinton, NC 28329 City State Zip Telephone 1 0-592-41 77 q 3 �_L' Street Address( R) e� " Yoh o' City State ` ` zip Telephone. 11 V ^ 57r,° 7 ` 7 �2 J U N 2 7 2000 L (a) If the- Fnanciaily Responsible Party is not a resident of North Carolina give street address of a North Carolina Agent: LAND OUAUTY SECTION NSA WASHINGTON AEGIONA.L OF- ICE Name Mailing Address Street Address City State ZIP City State Zip Telephone Telephone (b) It the FnancialEy Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the certificate of assumed name. If the Financially Responsible Party is a Corporation give name and street address of the Registered Agent. Name of Registered Agent Mailing Address Street Address City State Zap City State Ztp Telephone Telephone The above information is true. and correct to the best of my knowledge and belief and was provided by me under oath. ( This form must be signed by the financially responsible person if an individual or his attomey-in- fact or if not an individual by an officer, director, partner, or registered agent with authority to execute instru- ments for the finanacially responsible person ). I agree to provide corrected information should there be any change in the information provided herein. John Clark hype or print narn -1)LA2 /?4.! 4 Tale or Authority Date 4��_Z 3I d a Notary Public of the County of ..5f9/Jl4,56 /L) State of North Carolina, hereby certify that Tnh n r• i A rk appeared personally before me this day and being duly swam acknowledged that the above form was exe- cuted by him. Witness my hand and notarial seal, Sea] My commission . . RW 11M (� McDOWELL & ASSOCIATES, P.A. 471 kW ENOINEERS • SURVEYORS William P. McDowell, fll, P.E., R.L.S. Post Office Box 391 Telephone: (919) 338-4161 1715 Weeksville Road Pax: (919) 335-9585 Elizabeth City, NC 27907-0391 October 7, 1996 RECEIVRD WASHINC`1C1N N-I�ICF OCT 0 8 1996 Mr. William J. Moore D. E. M. Environmental Engineer Department of Natural Resources'and Commercial Development 1424 Carolina Avenue Washington, NC 27889 RE: Halstead Commercial Park, Phase II (McA: E4098DI) Dear Bill: In response to my telephone conversation with you on the 3rd, I am providing the following additional comments/information: I. Designed Impervious Area = 75% Impervious Areas on "developed" lots) should not exceed 75% due to the regulations of the City of Elizabeth City (subdivision). Their subdivision regulations require a 15' Landscaped Buffer on the lot frontage, as well as parking lot planters (1 planter per JQ spaces.) (These areas to remain "Green" are noted on our final plat, which is signed by all owners, prior to recordation.) 2. Copy of Final Plat (2 Sheets) 3. 1 copy of "Easement and Agreement to Share Costs" between Rich, Rich & Nance (Halstead Commercial Park - Phase II) and LFM Properties (Carolina Village). (NOTE: This is the easement regarding Lake No. 2.) 4. The volume of storage (both required and provided) is as follows: Mr. William J. Moore October 6, 1996 Page --2- Designed Area Storage Cubic Foot Storage Lake No. (Water Surface Depth Designed Required 2 0.81 1.65' 58,218 52,468 3 0.72 1.65' 51,749 51,749 1 0.22 2.02' 19,350 19,350 (Existing) Please let me know if you need any additional information. Sincerely yours, � 6? t3u,,�I Don A. Bunch Engineering Technician DAB/rae Enclosures CC: Mr. Bill Rich PROJECT: HALSTEAD COMMERCIAL PARK - PHASE 2 DA TE., JUNE 21. 1996 SUBJECT: COMPUTE STORAGE TIME IN THE COMBINED LAKE SYSTEM (LAKES 1,2, do 3) USING A NEW 6" PVC PIPE, (INV. 6.63) LOCATED IN THE EXIST. STRUCTURE IN LAKE NO. 1. (EXIST. PIPE IN STRUCTURE IS 3") VOLUME OF LAKES DETENTION TIME (USING NEW 6' PIPE) (A) (B) (C) (D) (E) (F) (G) LAKE VOLUME VOLUME VERT. HEIGHT GCFS ®VEL. (FPS) FLOW 77ME ELEV. (CU. FT.) (GALS.) (FT. OF HEAD) (IN 6" PIPE) (IN 6" PIPE) (IN MIN.) (IN DAYS) 8.5 - 8.65 14,121 106.306 2.02 1.14 5.8 208 0.14 8.0 - 8.5 45,244 338.425 1.87 1.10 5.6 685 0.48 7.5 - 8.0 42, 480 317,750 1.37 0.94 4.8 753 0.53 7.0 - 7.5 39,762 297,420 0.87 0.75 3.8 8B3 0.67 6.63 - 7.0 3806 28,469 0.37 0.49 2.5 129 0.09 It 60 0.04 TOTAL a 1,088,370 GAL. LAKE SUMMARY: TOTAL = 1.9 DAYS ® FROM "TR--55 SOFTWARE (FOR ORIFICE - 0.51C) LAKE NO. W.S. AREA IN ACRES PERM. POOL ELEV. (TOP) OVERFLOW ELEVATION DRAINAGE AREA AC.) 1 (EXIST.) 0.22 6.63 8.65 8.6 2 (PROP) 0.81 7.00 8.65 23.5 3 (PROP) 0.72 7.00 8.65 19.2 TOTALS 1.75 "OVERFLOW" ELEVATION CONTROLLED BY THE TOP OF THE EXIST. OUTLET STRUCTURE LOCATED IN EXIST. LAKE NO. 1 (INSTALLED DURING PHASE 1 CONST. ® TOP ELEV. OF 8.65) 51.3 STORMWATER CALCULATIONS "HALSTEAD COMM. PARK - PHASE It & "CAROLINA VILLAGE " ELIZABETH CITY, NORTH CAROLINA DATE: 8-21-98 McDOWEfa & ASSOCIATES, P.A. Dyy1,1: RAe ENGINEERS • SURVEYORS CHK: WPM P. 0. BOX 391 - CAD S70RM.DWG 1715 WEEKSVILLE RD. EUZABETH OTY, NORTH CAROUNA SCALE: N. A (919)338-4161 W-h 4 State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Rich, Rich & Nance Attn: Mr. William 400 South Water St Elizabeth City, NC Dear Mr. Rich: DIVISION OF WATER QUALITY .October 18, 1996 D_ Rich 27909 Subject: Permit No. SW7960617 Halstead Commercial Park, Ph 2 High Density Stormwater Project Pasquotank County The Washington Regional Office received the completed Stormwater Application for the subject project on October 8, 1996. 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. SW7960617 dated October 18, 1996 to Rich, Rich & Nance. This permit shall be effective from the date of issuance until October 18, 2006 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, o permit are unacceptable, you h adjudicatory hearing upon written following receipt of this permit. of a written petition, conforming Carolina General Statutes, and Administrative Hearings, P.O. Draw Unless such demands are made th binding. r limitations contained in this ave the right to request an request within thirty (30) days This request must be in the form to Chapter 150E of the North filed with the Office of er 27447, Raleigh, NC 27611--7447. is permit shall be final and 1424 Carolina Avenue, Washington, NC 27889 An Equal opportunity Affirmative Action Employer Telephone (919) 946-6481 FAX (919) 975-3716 50% recycled / 10% post -consumer paper Rich, Rich & Nance October 18, 1996 Page Two If you have any questions, or need additional information concerning this matter, please contact Bill Moore at (919) 946- 6481, extension 264. Sincerely, /c Rog r K. Thorp Water Quality Supervisor Washington Regional Office cc: McDowell & Assoc P squotank County Inspections ashington Regional Office Central Files State Stormwater Management Systems Permit No. SW7960617 STATE OF.NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH 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 Rich, Rich & Nance Pasquotank County FOR THE construction, operation and maintenance of stormwater management systems 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 for two (2) wet detention ponds to serve the Halstead Commercial Park located at Elizabeth City, NC. This permit shall be effective from the date of issuance until October 18, 2006 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on pages 4 and 5 of this permit, the Project Data Sheet(s). 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 3 DIVISION OF WATER QUALITY PROJECT DATA Project Name: Halstead Commercial Park, Ph 2 Permit Number: SW7960617 Location: Pasquotank County Applicant: Rich, Rich & Nance Mailing Address: 400 South Water St Elizabeth City, NC 27909 Application Date: 6/24/96, original 10/8/96, complete Water Body Receiving Stormwater Runoff: Knobbs Creek Classification of Water Bodv: C Pond Depth: 6.0 feet (each pond) Permanent Pool Elevation: 7.0 ft MSL; lake 2 & 3 Total Impervious Surfaces Allowed: 2.82 acres; Carolina Village 10.58 acres; H.C.P., North Basin 14.40 acres; H.C.P., South Basin 27.80 acres, Total Required Surface Area: 0.55 acres, lake 2 0.60 acres, lake 3 2 Provided Surface Area: Required Storage Volume: Provided Storage Volume: Controlling Orifice: 0.73 acres, lake 2 0.72 acres, lake 3 52,468 cubic feet, lake 2 51,749 cubic feet, lake 3 58,218 cubic feet, lake 2 51,749 cubic feet, lake 3 8.65 overflow elev 4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices ( such as swales ) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receivingapproval from the Division. 5. The following items will require a modification to the permit: 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 of the project area. In addition, the Director may determine the 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. II. SCHEDULE OF COMPLIANCE 1. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system. 5 .4� S a. 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 surfaces except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The facilities must be properly maintained and operated at all times. The approved operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency 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 outlet structure, orifice device and catch basins and piping. 4. 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. 5. 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. 6. Upon completion of construction 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. Mail the Certification to the Washington Regional Office, 1424 Carolina Avenue, Washington, North Carolina, 27889, attention Water Quality Section. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 2.1 III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change to the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. 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 143-215.6(a) to 143-215.6(c). 3. 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. 4. 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. 5. 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. Permit issued this the 18 th day of October, 1996. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t-A. Peeston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7960617 7 • Halstead Commercial Park, Phase 2 Pasquotank County Stormwater Permit No. SW7960617 Designer's Certification Y, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project) (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. Signatur Registration Number fiat 0 Jul 14 Ufj lU:1Ua U[ty UT timaDein ?,uDl+c r' State of 1rorth Carolina bepartment of Fiwironment, end ii Health aturot Resources Vashintan Regional Office James S. Hmt, Jr., Governor Jarathmn 9. Hawus, Secretory DIVISION[ OF WATER QUALITY -OCtober 18, 1996 P.ich, Rich & Dance Attn: Mr. William D. Rich 400 South Water St Elizabeth City, NC 27909 Subject: permit No. SW7960617 Ha3stead Commercial Park, Ph 2 High Density Storawater project Pasquotank County Dear Mr. Rich: The Washington Regional office received the completed Stormwater Application for the subject project on October a, 1996. 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 211.1000. We are €orwardinq Permit No. SW7960617 dated october 18, 1996 to Rich, Rich & Nance This permit shall be effective from the date of issuance until October 18, 2006 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 f3oj days f vl l owing receipt of this permit. This request must be in the fora of a written petition, conforming to Chapter 1508 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. 142(* carotin Avenue, Vashfnaton, INC 27' Telephone 4919) 946-44ai mx (919) "-3716 An Egwl Opportunity Affirmative Action Frployer 50% recycled 110% post- wnsu rer paper JUI G.t uu 1V.I VC1 ,,,y V, _jIC I/Vu1 1 UIJIIV Rich, rich & Nance October 18, 1996 Page Two If you have any questions. or need additional information concerning this matter, please contact Bill Moore at (919) 996- 6481, extension 264. Sincerely, /.c tog r KThorpe Water Quality Supervisor Washington Regional Office cc:.vMcDowell & ASSOC Pasquotank county Inspections Washington Regional Office Central Piles JUI ;e4 Uo *iv. iLta L flY ul tllxacaw rutzn: State stormwater Management Systems SLATE OF NORTH CMWLINA DEPARTMENT OF MWIRONI4M, HEALTH AND NATURAL RSSOURCS3 DIVISION OF WATRR QUALITY HIGH DENSITY DEVVLoPMENT in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,, and other applicable .yaws, Rules, and Regulations PERMxSSION IS HERESY GRANTED TO Rich, Rich & Nance Pasquotank County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A HCAC 2H.1000 (hereafter referred to as the "atormwatez-rules") and the approved stormwater management plans and specificatiians 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 for two (2) wet detention ponds to serve the Holstead Commercial Park located at Elizabeth City, NC - This permit shall be effective from the date of issuance until october 16, 2006 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volute of stormwater described in the application and other supporting data. 2. This stormwate.r system has, been approved for the management of rm stowater runoff as described on pages 4 and 5 of this permit, the Project Data sheet s). 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 3 Jul 24 06 10:10a City Of Elizabeth Public- 252 338 2936 p•4 DIVISION OF WATER QUALITY PROJECT DATA Project Name: Halstead Commercial Park, Ph 2 Permit Number: SW7960617 Location: Pasquotank County Applicant: Rich, Rich & Nance Mailing Address: 400 south water St Elizabeth City, NC 27909 Application Date: 6/24/96, original 20/6/96, complete Water Body Receiving Stormwater Runoff: Knobbs Creek Classification of Water Body: C Pond Depth: 6.0 feet {each pond) Perm$nant Pool Elevation: 7.0 .ft HSL; lake 2 & 3 Total Impervious Surfaces Allowed: 2.82 acres; Carolina Village 20.58 acres; H.C.P_, North Basin 14.40 acres; H.C.P., South Basin 27.80 acres, Total Required Surface Area: 0.55 acres, lake 2 0.60 acres, lake 3 4 Jul L4 UO W.' {Ell k ity ui CHrdwUl I'll[]ktC Provided Surface Area: Required Storage volume: Provided storage Volume: controlling Orifice- L G.,7G '..~ s -- 0.73 acres, lake 2 0.72 acres, lake 3 52,468 cubic feet, lake 2 51,749 cubic feet, lake 3 58,218 cubic feet, lake 2 51,749 cubic feet, .lake 3 8.65 overflow elev 4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative pracrtices (such as swales) shown on the approved plans as part of the stornwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The following items will require a modification to the permits 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 of the project area. In addition, the Director may determine the 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. 11. SCHRUCM39 OF COMPLIANCE I. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system. W1 Jul tw vu iuA'd �,,,LY ua Gu[audui rums; L alb— wv .�vvv a. 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 surfaces except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The facilities must be properly Maintained and operated at all times. The approved operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency 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 outlet structure, orifice device and catch basins and piping_ 4. Records of maintenance activities must be kept and made available upon request to authorised personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken_ 5. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this Pent, -the approved plans and specifications, and other supporting data. 6. upon completion of construction 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 it Accordance with this permit, the approved plans and specifications, and other supporting documentation. Mail the Certification to the Washington Regional Office, 2424 Caro2inn Avenue, Washington, North Carolina, 27889, attention Water Quality Section. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 6 out LH vu 1%j. ILG V4y W1 G,$J"l, OF F-UU U .x vw Lvw r 111. GE[+i1 WLL CONDITIONS 1_ This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change to the Permittee, a formal permit request -must be submitted to the Division of dater Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate_ The approval of this request will be considered on its merits and may or may not be approved. 2. 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 witti North Carolina General Statute 143--215.6(a) to 143-215.6(c). 3. 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. 4. 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. 5. The permit may be modified, revolted 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. Permit issued this the 18 th day of October, 1996. NOR= C MOLllgA ENVIRO.N CENTAL KANAGEIT COMff SSION k—A. Pr%ston Howard,- Tr., P.E. , Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7960617 6 V" a- uv IV. ..-u -.,Jr V. . MMi v Halstead Commercial. Park, Phase 2 Pasauotank County Stormwate7r Permit No. SW7960617 Designer's Certification 1, , as a duly registered Professional Engineer 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. Signature Registration Number Date a STATE OF NORTH CAROLINA Prepared by and return to: Thomas P. Nash, IV COUNTY OF PASQUOTANK P.O. Box 768 Elizabeth City, NC 27907 EASEMENT AND AGREEMENT TO SHARE COSTS nsHINGTON aFFIeW RICH, RICH & NANCE Arm OCT 0 8 1996 LFM PROPERTIES AEhl. THIS AGREEMENT is made and entered into this ,�_ Kday of April, 1995 by and between RICH, RICH & NANCE, a North Carolina General Partnership, 400 S. Water Street, Elizabeth City, NC 27909, hereinafter "RRN" and LFM PROPERTIES, a North Carolina Partnership, 1105 W. Ehringhaus Street, Elizabeth City, NC 27909, hereinafter "LFM", (hereinafter the parties may .collectively referred to as "Developers"). R E C I T A L S: 1. RRN is the owner of certain property known as Halstead Commercial Park located in Pasquotank County, North Carolina. Based on projections by professional engineers, it has been determined that Halstead Commercial Park will need at least three settling ponds or lakes in order to properly handle the water run off and drainage in general. RRN is also required to construct certain earthen berms with plantings to separate the commercial property from residential and apartment property. 2. LFM Properties has purchased 9.38 acres of the said Halstead Commercial Park and intends to develop a residential subdivision on said 9.38 acres. The 9.38 acres is more particularly described and delineated as Lot I on plat prepared by Edward T. Hyman, R.L.S. entitled in part, "Property Being Conveyed to LFM Properties", which plat is attached to and made a part of this agreement as Exhibit "A". 3. Based on additional. projections by professional engineers, it has been determined that LFM Properties will need to utilize certain of the lakes located on the Halstead Commercial Park property t'o properly drain the residential subdivision located on the 9.38 acres. The proposed residential subdivision together with the proposed lake and berm are more particularly described and delineated on plat prepared by Robey Associates Engineering untitled in part "Streets, Grading, Drainage and Sediment & Erosion Control Plan for Laurel Heights Subdivision", which plat is attached to and made a part of this Agreement as Exhibit "B". 4. The parties have agreed that it would be beneficial to each and to their respective subdivisions to share in the construction, maintenance and use of the pond(s) and drainage facilities and earthen berm (hereinafter collectively "facilities") and it is the purpose of this Agreement to set out the terms and conditions agreed to by and between the parties for the mutual construction, maintenance and use of said facilities. For the reasons recited above and in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I SCOPE AND DESCRIPTION OF FACILITIES The facilities shall include and be limited to the following: (a) Drainage Pond or Lake. LFM shall construct and install a + - 680 foot long, 60 foot wide (average) and 6 foot deep lake to be located on Lot 2 as said lot is as described and delineated on Exhibit "A", together with so much additional land of RRN as may be required to properly construct said pond in accord with the design and specifications shown on Exhibit "B". The lake shall be used to drain the 9.38 acres being sold by RRN to LFM and shall also be utilized by RRN, its successors and/or assigns for drainage of Halstead Commercial Park. (b) Outlet Structure and Ditch from Lake to Culvert. LFM shall construct and install an outlet structure from the pond or lake described in (a) above and a drainage ditch over a 20 foot drainage easement to an existing culvert which in turn drains into a second pond. The drainage easement and ditch are more particularly described as A, B, C, D, E, F, G, H, J, K, L and M on Exhibit "A" and as delineated on Exhibit "B" attached hereto. (c) Earthen Berm. LFM shall construct an 850 foot long, 6 foot high and 5 foot wide (at its base) earthen berm within Lot 2 and along the boundary between Lot 1 and Lot 2 as shown on Exhibits "A" and "B". Construction of the berm shall be accomplished and provided by LFM in accord with the design and specifications which are shown on Exhibit "B". Dirt or spoil from the construction of the pond shall be used to construct the berm. Any and all spoil remaining after the construction of the pond and berm as herein set out shall be retained by LFM for usage in. its subdivision or, hauled away in the discretion of LFM. Any required landscaping of or plantings on the bern shall be accomplished by RRN over a period of time in its discretion. SECTION II CONDUCT OF AGREEMENT LFM shall be responsible for the construction and installation of the facilities with the exception of landscaping of and plantings on the berm. All construction will be in conformity with the design and specifications shown on Exhibit "B" and shall be in 2 conformance with all applicable governmental standards ;and completed in a timely manner. The parties agree to submit all plans .and specif ications for the facilities to the other party for review prior to starting construction of said facilities and no construction will start without the written consent of both parties. SECTION III SHARING OF COSTS (a) Construction Costs. (i) According to projections by professional engineers and bids received by developers, the construction of the lake, drainage ditch and earthen berm shall cost $22,900. The parties have agreed that LFM shall pay for these construction costs together with any cost overruns on said improvements. (ii) According to projections by professional engineers and bids received by developers, the construction of the outlet structure and drainage ditch shall cost $2,100. RRN shall pay for these construction costs together with any cost overruns on said improvements. (iii) Any construction costs necessary to connect the proposed lake with the respective subdivisions of the developers shall be the respons' ility gf the develope the subdivision. r ping or developing g�n— R Rnl t� (iv) shall deposit ter share of the estimated costs with the firm of Hornthal, Riley, Ellis & Maland upon the execution of this Agreement and said firm acting as escrow agent shall pay out said funds when presented with appropriate invoices. (v) "Construction costs", as used herein shall include, but not be limited to, the following items as they specifically relate to the construction and installation of the facilities and the preparation of pertinent agreements therefore: construction costs; legal, financial and accounting fees during construction and installation; engineering and surveying fees; water or environmental studies and reports; equipment costs; and permitting fees. (b) Maintenance Costs. The parties have agreed that all maintenance costs for the earthen berm, the lake, the outlet structure and the drainage easement and/or ditch shall be the responsibility of RRN, its successors and/or assigns. "Maintenance fees" as used herein shall include, but not be limited to the following as they specifically relate to the operation and use of the pond and drainage easement and/or ditch: taxes, insurance, and any other cost incurred in normal and usual operation of the said 3 facilities necessary for the continued proper functioning of those facilities on an ongoing basis. SECTION IV INDEMNIFICATIONS To the fullest extent permitted by law, RRN shall indemnify and hold harmless LFM, its officers, directors, shareholders and agents from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of, resulting from or in any way related to any misrepresentation or breach of any representation, warranty or agreement by RRN or related to the performance of any construction and installation or maintenance of the facilities by RRN, its agents, employees or others acting under RRN's supervision and control. Such obligations shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section. To the fullest extent permitted by law, LFM shall indemnify and hold harmless RRN, its officers, directors shareholders and agents from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of, resulting from or in any way related to any misrepresentation or breach of any representation, warranty or agreement by LFM or related to the performance of any construction and installation of the facilities by LFM, its agents, employees or others acting under LFM's supervision and control. Such obligations shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section. SECTION V EASEMENTS AND RIGHTS -OF --WAY RRN, on behalf of itself, its successors and/or assigns, hereby grants to LFM, its successors, assigns and employees, a non- exclusive easement or right-of-way for ingress, egress and regress over Lot 2 as shown on the Exhibit "A" (and over so much additional land of RRN as required) and over the 20 foot drainage easement labeled "A, B, C, D, E, F, G, H, J, K, L, M" as shown on said plat, which access is necessary for the purpose of constructing and installing the facilities planned as herein set out. Upon the installation and construction of the facilities, this easement shall terminate. In addition, RRN hereby grants to LFM a non-exclusive easement for the purpose of draining water run-off from Lot 1 as shown on Exhibit "A" into the lake to be located on Lot 2 and further, from the lake located on Lot 2 over and within the 20 foot drainage easement designated as "A, B, C, D, E, F, G, H, J, K, L and M" to the culvert as shown on said attached plat. SECTION VI GENERAL (a) Entire Agreement. This Agreement embodies the entire agreement between the parties and cannot be waived or amended except by written instrument executed by all parties hereto. (b) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be an original and such counterparts shall together constitute one and the same instrument. (c) No Waiver. Failure of either party to insist upon compliance with any provision hereof shall not constitute a waiver of the rights of such party to subsequently insist upon compliance of that provision or any other provision of this Agreement. (d) Time of Essence. Time is of the essence as to the terms of this Agreement. (e) No Joint Venture. It is hereby acknowledged by both RRN and LFM that the relationship between them created hereby is not intended to be and shall not in any way be construed to be that of a partnership, joint venture or principal and agent.' (c) Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. SECTION VII ESCROW AGENT The Escrow Agent's obligations and duties in connection herewith are confined to those specifically enumerated in this Agreement and the Escrow Agent shall not be in any manner liable or responsible for the sufficiency or correctness of any construction or installation to be performed. Furthermore, the developers shall hold Escrow Agent harmless from any and all liability or costs resulting from or arising out of this agreement except as to gross negligence or wilful misconduct on the part. of the Escrow Agent. IN WITNESS WHEREOF, each of the parties hereto has executed or caused its duly authorized representative to execute this Agreement as of the date and year first above written. RICH, RICH & NANCE r By:� (SEAL) William D. Rich Managing Partner 5 LFM PRO T ElS \ B \ (SEAL) Lucien o riset e Managing Partner Consented to by Escrow Agent HORNTHAL, RILEY, ELLIS'& MALAND By: (SEAL) STATE OF NORTH CAROLINA COUNTY OF . ?A5 LIo-r4tj , I, a Notary Public of the County and State aforesaid, certify that William D. Rich, Managing Partner of Rich, Rich & Nance, a North Carolina General Partnership personally appeared before me this day and acknowledged the execution of the foregoing instrument_ Witness my hand and official stamp or seal, this day of April, 1995. �'',,� My commission expires: �•`�,17-A8� ry , 11 g -• Ro - Q$ Nota Public •' '`• ' �p , O Hor % G • . - . rc ��'.9til�- "•••-� `� STATE OF NORTH CAROLINA .`�� DU COUNTY OF B2:� DQO"-4N 4', •,,Potosi 60, I, a Notary Public of the County and State aforesaid, certify that Lucien Morrisette, Managing Partner of LFM Properties, a North Carolina Partnership personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this ;2971` day of April, 1995. My commission expires: —N-6i!ar4Y Public , �: �= r\rrn--lfm.agm 'c�na.�'ANOT�?`Q r/liill11111��1`'• OIL RECEIVED WASHINGTON OFFICE jUL D 1 1996 ®. t- U. POND MAINTENANCE REQUIREMENTS Project Name: F10-15 t-CO- Comm erg C c rd Project Number: Pazk - Phase 2 Responsible Party: 1Q�L /lQ�1C e Phone Number. (Address: ADD S_ klat & 5f- E1z-al>zc 2790 9 I. inspect monthly, or after every runoff -producing rainfall event, whichever comes first A Remove debris from the trash rack. B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check for pump operation. C. Check the pond side slopes; remove trash. repair eroded area before the next rainfall event. D. if the pond is operated with a vegetated filter, check the filter for sediment amrmulation, erosion and proper operation of the flow spreader mechanism. Repair as necessary. III• Query A. Inspect the collection system (Le., catch basins, pipin& grassed swales) for proper functioning. Clear accumulated trash from basin grates and basin bottoms, and check piping for obstructions. B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes. C. Res—eed grassced swaleti; imiudling 10M vegetated filter if applicable, twice a year as necessarv. Repair eroded areas immediately. M. Every fi months A. Remove accumulated sediment from the bottom of the outlet strumre. B. Check the pond depth at various points in the pond. If depth is reduced to 75% of original design depth, sediment will be removed to at least original design depth PAGE 2 TV. General A B. C. D. POND MAINTENANCE REQUIREMENTS CONTINUED Mow the side slopes, not including normally submerged vegetated sheif, aeoarding to the season Maxim grass height will be b". Cattailsand otter indigencus ueland plants, are encouraged alb the pond Fes; lr�, they D= be removed when they aova the mire surface area of the pond The orifice is designed to draw down the pond m 2-5 days. If dmwdown is not acconViished in that ti= the system maybe clogged. 'fie source of the clogging must be found and eliminated �:� a.�.n�a_�'���� a, a' a::�aa� aria wY:�� ��� `! a.' �.a. r al�.a ..a i i' •N=� IV. Special Requirements I, 0 , J G M D . C h . hereby aelmawiedge that I am the financially responsible party for maintenance of this detention pond I will perform the m9wenance as outlined above, as part of the on of Camp Zwith Stormwater Regulations received for this project. Signature: Date: I, a Notary Public for ft State of Couary T1Cc do hereby cer* that L_D — ems• Paafiy appeared before this �n day of 19 rL U . and aclmmledge the due execudan of the fa+egoing Woument. Witness hand and official seal. RECEIVED WASHINGTON OFFICE JUN 2 4 1996 DIVISION OF ENVIRONMENTAL,MANAGEMEHT Ps E iL {s NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION-' I. GENERAL INFORMATION: 1. Project Name: Halstead CommercizZ Park - Phase TT 2. Project Location: (County, State Road, Address) PSa5quntank rount.y S.R. 1152 (Halstead Blvd.) ,__ 1 Rich, Rich & !Vance 3. Owner's Name: a North --Carolina General Part erh; pBhone: 919-3-18-71 83 4. Mailing Address: 400 South Water Stregt City Elizabeth City _ state DIC:�Zip 2790 s. Application Date: May 31, 1995 - Fee Submitted: 38 7. Nearest Receiving Stream: Knobbs Creek Class: C SW 8. Project Description: PRoposed 40 lot Commercial Subdivision Svc T Gv6 e - U II. PERMIT 1. Permit No. (will be completed by DEM): ._ :jLAI Z 9Z-0 6 i / — 00A 2-- 2. Permit Type: _ xx__ New Renewal 3. Project Type: Modification (existing permit no.) Low Density xx Detention Infiltration other 4. Other State/Federal Permits/Approvals Required: (Check appropriate blanks) xx Sediment/Erosion Control CAMA Major �404 Permit III. PROJECT BUILT UPON AREA (See attached "Technical Info.") Drainage Drainage Basin Basin Breakdown of Impervious Areas Classification Buildings Allowable- Impervious = -= ----- - _--Roads. Total Project Area Proposed Impervious $ Impervious Area Parking Other Totals t IV. STORMWATER TREATMENT (Describe how runoff will be treated): & 3 will store -the --El st inch runn-off and remove a minimum of 85% T.S.S. V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for specific requirements. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. OWNER'S CERTIFICATION I, William D. Rich certify that the (Please print name ctearty) information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to -the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named pe behalf. n (� r ar firm to submit stormwater plans on my e AUTHORIZED AGENT Person or Firm Name: McDowell & Associates, P.A. ' Mailing Address: P. O. Box 391 city Elizabeth City State NC zip 27909 Phone: 919-338-4161 Please submit application, fee and plans to appropriate Regional Office.. (see attached map) -2- "CAROLINA VILLAGE" RESID. SUBDIV.(38 LOTS) (9.4 AC. CONTRIB. AREA) DESIGN IMPERV. = 30Y.. L F M PROPERTIES DB 575 PG 826 NOTE. SEE ACCOMPANYING C PLANS FROM "ROBEY & ASSOC." y� UO S�C EXIST. LAKE 7: WATER SUR. AREA 0.22 AC. PERM. POOL ELEV. = 6.53 DEPTH — 6' BELOW PERM. POO EX__ OUTLET STRUCTURE --- TOP OVERFLOW) ELEV. — 8.65 EX. ORIFICE (NV. — 5.63 EXIST. PHASE 1 (PHASE 7 I— 8.6 AC.) .L AVMr,IVIFr) PROP. 15- PIPE >BW NAL W PP 70.32 2 a�I ,n FID'a as r 40 X+ W,H I ova aw I 20 21 23 24 to .� �7 13 C s, �V LAKE 3 12 1 5' fA T1 Q a a , � 4 HALSTEAD BLV REDUCED SITE PLAN SCALE: 1"= 250' LAKE SUMMARY: LAKE NO W.S. AREA IN ACRES PERM. POOL ELEV. (TOP) OVERFLOW ELEVAT70N DRAINAGE AREA AC.) 1 (EXIST.) ti 0.22I1."ti,o 6.63 8.65 8.6 2 (PROP) v 0.31 X3 7.00 8.65 23.5 3 (PROP) 0.72 f,�y 7.00 8.65 19.2 TOTALS 1.75 �1�' 57.3 CHECK SA/DA % USING TOTALS: 1.75 3.47X 51.3 (RESULT = EXCESS AREA) (MIN. SA/DA X = 3.05) TO LAKE "NORTH" BASIN INCL ALL OF H.C.P. — PH. 2 THAT IS NORTH OF THE CENTERLINE OF RICH BLVD 000, "NORTH BASIN- — 14.1 AC. (LO - NE" SWALES TO StitiA.LE "A", TO LAKE) TiP_ DRAINAGE SWALE (ON LOTUNE) aC•. 37 3. 34 32 �0 27 ` r! 6 � r. SWA 1 w 'SOUTH" BASIN INCL 2a cf THAT IS SOUTH OF I "SOUTH BASIN" 2 r (LOTLINE SWALES T $ x 11 30 Q Y DER COURT O N, zoa (150' R W FOR ADDIT. INFO. ON HALSTEAD COMM. PK. -- PHASE 11 SEE "U77UTY & STREET IMPROVEMENTS" FOR HALSTEAD COMM. PK. — PHASE It. BY McDOWELL & ASSOC. PA., SHEETS 7 OF 2& 2 OF 2— DATED 5-30-96 NOTE: THE PURPOSE OF THIS DRAWING IS TO SHOW THE "CONTRIBUTING AREAS" TO THE PROPOSED LAKE / DETENTION PONDS. PLEASE SEE THE OTHER REFERENCED DRA W NGS FOR THE DETAILS OF ITEMS SUCH AS STREET SPILLOUTS, X—SECTION OF DITCH/SWAL.E, DETAILS OF POND X—SEC77ON & FOREBAY AREA, AND OTHER RELATED ITEMS. HALSTEAD COMM. PK. — PHASE 11 BOUNDARY ACRES = 34.7 AC. (NOTE: 34.7 AC. INCL BOTH LAKE 2 & 3 AREAS AND THE AREAS FOR EARTH BERMS.) ALL OF H.C.P. — PH. 2 CENTERLINE OF RICH BLVD. Q.6 AC. ALE "B", 15" PIPE TO LAKE") PAGE ; OF LL STORMWATER CALCULATIONS "HALSTEAD COMM. PARK — PHASE 11 & "CAROLINA VILLAGE " ELIZABETH CITY, NORTH CAROLINA DATr 5--30-98 VcDOWELL & ASSOCIATE�°`P.A. DWN. DAB �ft iNGINE'ERS • SURVEYORS CHK. WPA/ P. 0. BOX 391 CAD# STORM.DWG 1715 WEEKSVU_E RD. EUZABE7H CITY, NORTH CAROLINA SCALE: 1'— 250'I (919'338-4151 Pk ! 1 .h� I 20' EASEMENT PL (FOR DRAINAGE do LAKE MAINTENANCE) COLLECTOR SWAL.E 3.1 TDE SLOPES DEPTH= 1-2't COLLECTOR SWALE AROUND LAKE PERIMETER - TO FOREBA Y LOCA T70N Olt 3't irs co P- EXIST. GROUND 4: 1 CHG. SLOPE O ELEV, 7.0 NOTE: EXIST. RISER IN LAKE 1 MLL CONTROL THE MAX. HEIGHT OF STORAGE - TO ELEV. 8.65 STORAGE DEPTH = 1.65' (ELEV. 7.0 TO 8.65) (EXIST. RISER O LAKE 1 = 8.65) 1. 10.0f ,.rmrrrriTORAGE ,.....,...,., WATER SURFACE (ELEV. 7.0) 2 1 PERMANENT POOL (6' DEEP) BOTTOM (ELEV. 1.0) X-SECTION PROP. LAKES NO. 2 & 3 DATA DETERMINE LAKE SIZE (IN AC.) SURACE AREA VOLUME (AC. FT.) REQ'D. FOR AREA (AC.) OF LAKE REQ'D. LAKE NO. DRAINAGE AREA (AC.) x lMPERV. (DESIGN) / DRAIN. AREA (SA/DA) AREA (AC.) REQ'D. FOR DETENTION OF RUNOFF FROM TO STORE 1' RUNOFF 0 (7. FROM CHART) 85X TSS REMOVAL THE 1ST INCH OF RAINFALL A STORAGE DEPTH OF 1.65 FEE 9.4 AR 30 1.37. ¢ • a! 3 0.12 am �� 0.33 AF/ 1.65 = 0.20 2 14.1 HALSL CWPA 75 3.05 9: �� � . V37 ✓ 0.88 �l SEE �� 0.88 AF/ 1.65 = 0.53 PARK- PH 2 (NORTH BAsN) 0.55 BELOW 1.21 4.. 0.73 i� 1" RUN --OFF CONTROLS SIZE I6 3 (19P� �'2 75 3.05 7. 0.60 1.19 �� 1.19 AF/ 1.65 (NTH aAWN) SA/DA 9: = DEPTH O 6 FEET 1" RUNOFF CALCULATIONS: DBASIN: 'CAROLINA VILLAGE" TOTAL AC. = 9.4 0.6 AC. ROOF 0 1.0 = 0.6 1.2 AC. PARK. ® 0.9 �6 AC. GRASS ® 0.2 = 1.3 9.4 3.9 3.9 43560=14,757 C.F. 12 (0.33 AC. FT.) OBASIN: HCP - NORTH BASIN TOTAL AC. = 14.1 2.7 AC. ROOF ® 1.0 = 27 Z9- AC. PARK. O 0.9 = 71_ .5 AC. GRASS 0 0.2 = 0.7 14.1 10.5 10.5(4356O =38,115 C.F. 12 (0.88 AC. FT:) 1" RUN-OFF CONTROLS SIZE OBASIN: HCP - SOUTH BASIN TOTAL AC. = 19.2 3.6 AC. ROOF 0 1.0 = 3.6 10.8 AC. PA?K. ® 0.9 = 9.7 4^8 AC. GRASS ® 0.2 = 1.0 19.2 14.3 14.3(43560)=51,900 C.F. 12 (1.19 AC. FT.) PAGE .?=: OF 8 HALSTEAD COMMERCIAL PARK, PHASE II JUNE 2191996 SUMMARY OF "TECHNICAL INFORMATION" Page I of 8 Reduced "Site Plan" @ 1" = 250' Page 2 of 8 Lake Sizing 1 1" Run-off Calculations Page 3 of 8 Project Description (General) 11 Page 4 of 8 Project Description (General) Page 5 of 8 Open Channel Flow Calculations ; Page 6 of 8 Open Channel Flow Calculations Page 7 of 8 Open Channel Flow Calculations Page 8 of 8 Lake Structure Orifice Calculations RECEFVM WASHINGTON OFFICE JUN 2 4 1996 11L& 1 HALSTEAD COMMERCIAL PARK, PHASE II JUNE 2111996 SUMMARY OF "TECHNICAL INFORMATION" Page 1 of 8 Reduced "Site Plan" @ 1" = 250' Page 2 of 8 Lake Sizing 1 1" Run-off Calculations Page 3 of 8 Project Description (General) Page 4 of 8 Project Description (General) Page 5 of 8 Open Channel Flow Calculations .; Page 6 of 8 Open Channel Flow Calculations Page 7 of 8 Open Channel Flow Calculations Page 8 of 8 Lake Structure Orifice Calculations WASHIN TON OFFICE U.La PROJECT: Halstead Commercial Park, Phase II DATE: June 10, 1996 SUBJECT: Sedimentation/Stormwater Control 1. PROJECT/SITE DESCRWTION The purpose of this project is to add 41 commercial lots (Phase II, to the existing Phase 1 of Halstead Commercial Park. This will involve 2 new lakes (detention ponds) - Lake No. 2 and Lake No. 3. Work will also include drainage swales, utility extensions (both water and sewer), and new streets with crub and gutter. The area to be distiburbed for this project is estimated to be 12 acres. (See the attached maps for additional information on "Drainage Basins", Contributing Areas, and the calculations for sizing the 2 new lakes). ! �1'1 0 '* EXISTtNG_SITE: Cultivated farm land, relatively flat at elevation 10.0f, with field ditches for drainage. The site is -bounded by Halstead Boulevard (S.R. 1152) to the south, Roanoke Avenue (S.R. 1139) to the east, Carolina and Northwestern Railway to the north, and to the west by the First Phase of Halstead Commercial Park, Woodstock Apartments by Charles Haskett, and a proposed residential community called "Carolina Village" by LFM Properties. & R0LED- SITE: Install 2 new lakes (No. 2 and No. 3), that will receive run off from the upstream acreage, by using grassed swales with 4:1 side slopes at Pg. 3 4,a- the locations shown on the site plan. The centerline of "Rich Boulevard" is the high point between what I call the "North Basin" (14.1 Acres) that drains to Lake 2, and the "South Basin (20.6 Acres) that drains to Lake 3. Generally, the streets use spill -outs at Iow points, with a rip -rap (energy dissipator) application at the discharge point, then grass swales the total distance to the lake. I added rock dams at various locations to keep velocities/erosion and sedimentation low. As noted previously, this project will require the installation of 2 new lakes to be used as detention ponds. Both of the new lakes will drain by a 15" overflow pipe system to existing Lake No. 1, which has an outlet structure in place, that was installed in 1992, as a part of Halstead Commercial Park, Phase 1. The existing Lake No. 1 has a restricted outlet pipe of 3" PVC, and an overflow elevation of 8.65. Drainage from Lake No. 1 is by an 18" CMP to Halstead Boulevard, then under Halstead Boulevard via a 42" culvert, into an open ditch south of Halstead Boulevard. OTHER "CONTRIBUTING AREAS": The proposed Lake No. 2, is designed to accommodate the drainage flow from "Carolina Village". "Carolina Village" has an easement to allow them access into Lake 2 (see maps), and also our calculations have been done with this in mind. The actual "sediment and erosion control" plan for "Carolina Village" will be submitted by the firm of "Robey & Associates" of Elizabeth City. PROJECT: HALSTEAD COMM. PARK - PHASE 11 PAGE S OF g DATE: JUNE 1995 CIl•' ^ttktFl4T 5ttl_liC• ^r^� 4 tIC!''f'T-TCS frDC: SVviIEI•i: vulr Llt rluri uli ?4i�. a .LLvu1I1Lt cater: ITC. t R" ti�a t 4 VELOCITY CA n, ATT }'r i iu l L. I HE 'LL rl I liu ii L..—u ! u i tLUL I 1 : >1hL�J r? i 1�11a t ^ktr ttc Rt ^^^ IM! tr >< u T C! "t WE>ii LlUNL. u,� n i HE SCS s L-v1rL� C I C. r:� 1Ii%;;uLLSY T^ cr} r—u_i, 1 .) CHECK Li 6 . Fi S 19 SWALE -A {ALONG R H R AT THE L S coL.j IARSE PO4TINT JUST PRIOR TO ENTRANCE IilTO LAKE NO. C: C r` T!'r`r D ^"R T11 r. r.•: nr THIS REPRESENTS THiE4' LARSKST DRAI„n�E BAST i 11! H.�Jr'. - PH N. II fHrT `ILL DRAI.i INTO LAKE NO, '1i AREA; 6.8 AC..(Tilt EAST PORTI4NI O 'NORTH' BASIN) RUNT —OFF CURVE ( URVE NO, . 71- FRE9;3ENlCY; 10 YR. RE:.UI.T: 12,5 L, ' u I.C_i tF3 (SEE PAGE _( OF S FOR ADDIT. INFO.) CHECK H1y�r K CFS F°S IN' SWALE 'D° - � THE EItTR RMINT TF-''}} Tur .1ZI= •CC r Vl: I. iJFv L !l.., 1! 1 !I V lilt !t• .+II L� 'THIS DrCl LC tl!TS THE LARGEST DErIR%3C Dh. ININ!si :i . :; !Ti5L I IVI I WILL DRAIN INTO LAVI E NO, ) ARt!^fi 7,5 lfC, THE iHStpvFTIDN-'. OF °SC�k° BASIN) FREQUENCY: 10 YR. RESUILT: 15,7 CFS j 2.0 FPS, (SEE PAGE- 7 of 'f FOR ADDIT. IN' Fu.) NOTE: 7Lr ., 7c>s ` F - "LILVERT THAT DRAINS BASIN I lllr,C[, NOTE: 11t Zj 4 1 o f iilt U e 1 hIH� I� �ii�I.i I _•Ie L'LF1 ZILtV BASED DIN THE RUN-OFF (15.7 CFS) ONLY. THIS FIFE AT 11NI . OF . ,7, WILL RE SOBMLER6ED DUPIN5 THE 11%, YR, RAINtFALL E�;EN1T, UNTIL THE ENITIRE LAKE SYSTEM HAS FETL.RNEi! TO ITS NORMAL ELEV. Cc aP00CX. 7.E,, WHICH WIDLLD TAKE IN9 TIDE DF T4 0.` DAYS, - Gra�hicaI Pea� �ischarge �etho6 Given Input Bata: Descri�tion ...................., RainfaIl distribution ........... FrepueIQ: y .............'.,..~.... Hainfall, P (24-hours) .......... �rainage area '........'..'...... Runoff curve r`umber, CN ......... Time nf concOnntra�ion. Tc ....... Pond and Swamp Areas ..'..,...... i0 years 6.2D00 in 92 2.0667 hrs 0.0000 % of Area [l�. /� � r�f' 8 [�omputed Results; Imitial Ia/� ............'............-.. 0.iC0g Unit peak discharge, qu ......... 220.EBS6 csm/in �unoff, Q ......~...........'.... �.266� iv Pnnd wamp adjustment, Fp ...�-J I-) fl-e- EA� L No 2 C�annel Calculator Given Input �h��e .....'...,.....,.,^...^.^.. Solvir ........^~''^..~..... F1owrate .....^^..'.^'~.......... M�nning's n ..................... 'Height ...^....'^..'............. Bottnm width .................... Left slope ..'........'..^....... Rightslope ...,........^.......^ Computed Results: Deoth ,..... Velocity .......,................ Flowaree ..........,..'^......^. Flow oerimete�' ..'....'.......... Hydrsulic radius ..'............. Top width .....,...........^~.... Area......................,..,.. Perimeter....................... Percent fZ-1ll ..,.,......,^.^`.... 7rap�zoidaI Depth of Flo� 12.3000 cf� 0.0011 ft/f[ 0.0�50 20.0000 ir. 24.0000 in 4.00�0 ft/ft 4.0000 14�'8603 in B.1781 in 13B.�4l� in 30.0000 ft2 �71.3�63 in 47.6422 � An� ,��/ ^ '^`- "� / )c�c3/= U C�nnv>7_L����{����_�� Graphicul Peak Di�chsrge methu� Given �nput Data: Descriptioo ........^^..^.....`~. RaiTf�lI tribution ........... Type Il Frequency ....................... 10 years Drainag� area ....,.............. 0.0117 mi2'��' �(�� ��c' - �unoff cuumber, CN ......... 92 Time of concentration, Tc ....... 1.6748 hrs Pond and Swamp Areas Compute� Results: Initial ebstIa '........ Ia/P .......'.^..........^^^^^^^^ �nit peak �ischarge, qu ......... Runoff, Q ...'...............,^,. Pond and swam� adjustment, F� ... Peak Id, iscInarge, qp ...'.......... �hannel Calculator Given Input Data: Sh=pe ^...,^..................... Solving �or ..............'...... Fln�rate ,....^,.^..,....^..^..^^ S�ope ...........,............... Mannings n ..................... Height ..................'^^^^^^^ 8ottom width ............'....... Left slope ..'................~^' RightsIope ......,...........~.. Computed �esu1ts: Depth'''''''''.'''.'.--'..^..~.. Velocity .,...................... Flow are� ..........'............ /./aa� �t� FIn= perimeter ..,............... 139.O�28 iu 8.0084 io HydrL-iulic radius ..........,..... Too width 135.627� in ....................... Area ..........................., 38.�000 ft2 Perimeter ...''.................. 271.386� in Percent �ull .................... 4�.5|14 � 0.1739 in 0.1000 255.4102 csm/in 5'2662 in 1.0000 Trr;eoida� Depth of Flow 15.7000 cfs 0.0250 30.0000 i�� 24.0000 in - - 4.0000 ft/ftpipe- � � � � ��<�� �� � 1 , McDO WELL & ASSOCIATES, P.A. ENGINEERS - SURVEYORS William P. McDowell, III, P.E., R.L.S. Post Office Box 391 Telephone: (919) 338-4161 1715 Weeksville Road Fax: (919) 335-9585 Elizabeth City, NC 27907-0391 r June 21, 1996 t RECEIVED WASHINGTON OFFICE Mr. William J. Moore JUN 2 4 1996 Environmental Engineer Department of Natural Resources & Commercial Development 1424 Carolina Avenue 06 L M- P.O. Box 1507 ;. Washington, NC 27889 1611 RE: Halstead Commercial Park, Phase 11 Elizabeth City, NC Dear Bill: Enclosed please find, for your review and approval, the following information on the above referenced project. 1, Two (2) copies of Plans, "Proposed Ufillty and Street Improvements" for Halstead Commercial Park, Phase 11, Sheets 1 of 2, and 2 of 2, dated June 6, 1996. 2. Two (2) copies of an executed "North Carolina Stormwater Management Permit Application". 3. Check drawn on Rich, Rich & Nance in the amount of $385.00, as payment of the required review fee. 4. Two (2) copies of an "Operation & Maintenance Plan", signed by the owner. (Will be sent under separate cover.) 5. Two (2) copies of "Technical Information", Calculations and a reduced scale (1" = 250') map 8 pages). 6. Two (2) copies of covenants used for Phase 1. Same to be used for Phase 11. Please give me a call if you should need additional information or if you have any questions. Sincerely yours, _ - O �D a gu' Don A. Bunch Engineering Technician DAB1rae Enclosures CC: Mr. Bill Rich (w/ enclosures) r a` DIVISION OF ENVIRONMENTAL MANAGEMENT NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION R7 OEIVED WASHINGTON OFFICE JUN 2 4 1996 I. GENERAL INP'ORMATIONt 1. Project Name: Halstead Commercial ParkPba5p TT 2. Project Location: (County, State Road, Address) Pagauntank Count.z S.R. 1152 (Halstead Blvd.) Rich, Rich & Nance 3. Owner's Name: a North hone: 19-338-21 83 4. Mailing Address: 400 South Water Street City Flizab-e-tll City _ _ State NC Zip 27909 5. Application Date: May 31, 1996 Fee Submitted: 385.00 7. Nearest Receiving Stream: Knobbs Creek Class: C Sw S. Project Description: PRoposed 40 lot Commercial Subdivision II. PERMIT INFORMATION 1. Permit No. (will be completed by DEM) : 2. Permit Type: xx New Renewal Modification (existing permit no.) 3. Project Type: Low Density xX Detention Infiltration Other 4. other State/Federal Permits/Approvals Required: (Check appropriate blanks) xx Sediment/Erosion Control CAMA Major 404 Permit III. PROJECT BUILT UPON AREA ( See attached "Technical Info.,,) Drainage Drainage Basin Basin Breakdown of Impervious Areas Classification Buildings Allowable Impervious Total Project Area Proposed Impervious % Impervious Area Roads Parking Other Totals IV. STORMWATER TREATMENT (Describe how runoff will be treated): _ Lakes/D[5ention Ponds -Ng. 2 & 3 will_ store_ the first inch of _ runn-off and remove a minimum of 85% T.S.S. V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for specific requirements. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. OWNER'S CERTIFICATION I, William D . Rich certify that the (Please print name clearly) information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to -the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to submit stormwater plans on my behalf. a --�-_ ! owne &Axth 1x x Date AUTHORIZED AGENT Person or Firm Name: McDowell & Associates, P.A. Mailing Address: P. p. Box 391 City Elizabeth City State NC zip 27909 Phone: 919-338-416 1 Please submit application, fee and plans to appropriate Regional Office. (see attached map) -2- POND MAINTENANCE REQUIREMENTS Project Name: 140-1 s feCtd COMM SA ccr ( Project Nutnbw. Fork - Phase 2 Responsible Parry: r c ��_ AMA C e Phone Number: _338 - 2 /$ 3 Address: S_ ! ClGz 7�t- Sz'_ c i I z a b i 6 L 7 g v' I. inspect monthly, or after every runoff -producing rainfall event, whichever comes first A- Remove debris from the trash rack. B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check for Pump operation, C. Check the pond side slopes; remove trash, repair eroded areas before the nwa rainfall event D. If the pond is operated with a vegetated filter, check -the ffit= for sediment accumulation, erosion and proper operation of the flow spreader mechanism. Repair as necessary. III• Quarterly A. Inspect the collection system (i.e., catch basins, piping, grassed swaies) for proper functioning. Clear accumulated trash from basin grates and basin bottoms. and check piping for obstructions. B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes. C. Reseed grassed swales, including the vegetated illter if appiicah,e, i -cc a year as Pwpai.- er+oded areas immediately. III. Every 6 months A. Remove acarmulated sediment from the bottom of the outlet structure. B. Cbeck the pond depth at various points in the pored If depth is reduced to 75% of original design depth, sediment will be removed to at least original design depth. AGE 2 POND MAINTENANCE REQUIREMENTS CONTINUED A Mow the side sloQes, tot iwluding normafiy submerged vegetated sbeff, xxun ng to the season. Matt3mum grass bight wM be 6-. H. Cattalls. and W= irigenuus wetland plants, are encotaaged along the pond perimeter, however, trey must be mmoved when they cover the entire surface area of the pond C. The otifcae is designed to draw down the pond in 2-5 days. If drawdawn is not accomplished in that time, the system may.be clogged The sauce of the clogging waist be found and eliminated. ..Ili. •-1 �/� ., - . ���, .'1 . •'I . ;-H w I L.1! . .�. -... . .. • f I S V. Special Raqilcamxa 1, :��11 1 r. , �-� � C bmvby aclmowkdge ttiat I am the financially responsible party fcr mairaeaance of this detention p01d, I will perform the maintenance as outlined above) as part of the of Camp ' with Stormwater Regulations t Jived for this proje= I sigma= Date: � 1 �� U •- - i a Notary Public for the State of QJ C� ' County c c �Tcy do heiffiy certify tifY . e;c.�� persoin1ly appeared before this day of l9 ri��� rand acJmawiedge the due ezerud m of rite foregoing i;=um=. Witness hand and offidai seat, ..:11 III ,- 1 PROJECT: Halstead Commercial Park, Phase lI DATE: June 10, 1996 SUBJECT: Sedimentation/Stormwater Control 1. PROJECT/SITE DESCRIPTION: The purpose of this project is to add 41 commercial lots (Phase 11, to the existing Phase 1 of Halstead Commercial Park. This will involve 2 new lakes (detention ponds) - Lake No. 2 and Lake No. 3. Work will also include drainage swales, utility extensions (both water and sewer), and new streets with crab and gutter. The area to be distiburbed for this project is estimated to be 12 acres. (See the attached maps for additional information on "Drainage Basins", Contributing Areas, and the calculations for sizing the 2 new Iakes). EXISTING SITE: Cultivated farm land, relatively flat at elevation 10.0±, with field ditches for drainage. The site is -bounded by Halstead Boulevard (S.R. 1152) to the south, Roanoke Avenue (S.R. 1139) to the east, Carolina and Northwestern Railway to the north., and to the west by the First Phase of Halstead Commercial Park, Woodstock Apartments by Charles Haskett, and a proposed residential community called "Carolina Village" by LFM Properties. IMPROVED SITE: Install 2 new lakes (No. 2 and No. 3), that will receive run off from the upstream acreage, by using grassed swales with 4:1 side slopes at Pg. 3 a-T -,S- the locations shown on the site plan. The centerline of "Rich Boulevard" is the high point between what I call the "North Basin" (14.1 Acres) that drains to Lake 2, and the "South Basin (20.6 Acres) that drains to Lake 3. Generally, the streets use spill -outs at low points, with a rip -rap (energy dissipator) application at the discharge point, then grass swales the total distance to the lake. I added rock dams at various locations to keep velocities/erosion and sedimentation low. As noted previously, this project will require the installation of 2 new lakes to be used as detention ponds. Both of the new lakes will drain by a 15" overflow pipe system to existing Lake No. 1, which has an outlet structure in place, that was installed in 1992, as a part of Halstead Commercial Park, Phase 1. The existing Lake No. 1 has a restricted outlet pipe of 3" PVC, and an overflow elevation of 8.65. Drainage from Lake No. 1 is by an 18" CMP to Halstead Boulevard, then under Halstead Boulevard via a 42" culvert, into an open ditch south of Halstead Boulevard. OTHER "CONTRIBUTING AREAS": The proposed Lake No. 2, is designed to accommodate the drainage flow from "Carolina Village". "Carolina Village" has an easement to allow them access into Lake 2 (see maps), and also our calculations have been done with this in mind. The actual "sediment and erosion control" plan for "Carolina Village" will be submitted by the firm of "Robey & Associates" of Elizabeth City. P9, q 0 Ic 5� PpOJECT: HALSTEAD COMM. PARK - PHASE !t PAGE .S OF 8 DATE: JUNE 1996 SUBJECT, COMPUTE Gllk _i1C^ t ^' 4 llCl ^[ r I f r• C U��EC 3,�tI L•t > , r[��nry u�[�LLu,��T, S lFFS—: IN NOTED DRAINA6E BASIANS NOT THE F01, LTll�N163 s4UN�jL(FF� 1 4l�ELVir1T G{' LL�LI[}L�P.j IOk r� WERE D tiE USIINS HE 63CS (CURVE NO. I tMETHODIJLeSS _ TR-55i I tt r CC CG T = ^Ll �j�u p �}!` (y j ry i rtT ^ 1T n..j 0711T 1.) CH � rLdFSI PRIOR11 ATM ANISMA INTO -LAKE t'1;'l iALON6 R R/W A HE �l SC11:06E . Alit JUST I4 U ENTRANCE I f INTO. LAKE Null. 2: (THIS REPRESENTS THE LARGEST DRAINASE BASIN IN H.C.F', — PHASE IT THA T SILL uRAI"j INTC LAt k- 0i(I. 1-; AREA:�6.8 AC. (1j(THE EAST PORTION OF 'NORTH' BASINi RUN—OFF CUIRIFE NO, : 701- FREgUENCY; 10 YR. RESULT: 12.3 CFP! u 11.5 FPS (SEE PA6E _4 OF 2 FGR ADLIT, INFG.) E.) CHECK; CFS FPS IN SWALE "Et" THE ENTR. POINT INTG THE l " FIFE: LL,,(THIS7 REFRE. SENT STTHE LARS4tEST DRAINASE HrtS3lx IN H.C.F. — ��'HSE II THAT WILL CRAM INTO LAKE N6. 31) AREA: 7.5 AC. (THE EAST PORTION OF "SOUTH" BASIN) RUN—OFF CUIRy'E NO. : 9E FREQUENCY; 10 YR. RESULT: 15.7 CFS u 2.0' Fitt (SEE r A5E' ! OF (! FOR ADDI T . INFO,) fdI�4TEhh. ON SiLE�l�I(1r5"I OF THE s�+EI;LI!'ERT THAT DRAINS THIS BASi,; IS L<<.Ei;LI,:ES rr ,ArLED ON THE RUN—OFF (15.7 CFS) ONLY, THIS PIPE AT ini'r CF �,�, kilt qE SuiHEGLEiI D/l�]R7IF;S THE 1�r YR.{ P,AIF=ALL (.vv_ IT, JtjTltt{�jTHE(�EF►TLRE{ LAAIKE S jSIErl RAjS R WIRNED TO ITS NORMAL ELEV. 6F APPROX. ! s0, WHICH WOULD' TAKE IN TIME U 10 2.5 DAYS. UJ Co Ou �� �� �7 c�/��1-���� �'��nm�' , ,`'— r /'cl���� �-� Graphical Peak Discharge method Given Input Data: Description ..........,.,.~...... Rainfall distribution ,.......... Frequency ..............,......,. Rainfall, P (24-hours) .......... Drainage area ...~............... Runoff curve number, CN ......... Time of concentration, Tc ....... Pond and Swamp Areas ..........., Computed Results: EAST PART OF WORTH BASIN (6.S AC.) -- Me IT 10 years 6.2900 in � 0.0106 92 2.0667 hrs 0.0000 % of Area Initial abstraction, Ta ...,..... 0.1739 in Ia/P .....................,...... 0.1000 Unit peak discharge, qu ......... 2W.'2BB6 csm/in Runoff, Q ....................... 5.2662 in Pond and swamp adjustment, Fp ... Peak discharge, qp . , . . . ,, , . ~ . . .. / Channel Calculator Given Input Data: Shape ,.......................... Trapezoidal. Solving for ..................... Depth of Flow Flowrate ........................ 12.3000 cfs Slope ..,.......^..............'. 0.0011 ft/fL Manning`s n ..................,.. 0.0250 .Height .......................... 30.0000 in Bottom width .................... 24.0000 in Left slope ...................... 4.0000 ft/ft Right slope ........,............ 4.0000 ft/ft Computed Results: Depth .................... ....... 14�2927 wa&- of'Atf F11 Velocity .................. ...~ Flow area ....................... 8.0566 ft2 Flow perimeter .................. 141.8603 in Hydraulic radius '''.'''.'''''''' 8'17B1 in _ _ Top width ....................... 138.3413 in Area ................ ............ 30.0000 ft2 PWimeter — . . . , . . . . . . . . . . . . . . . . . 271 .2863 in Percent full .................... 47.6422 t June / ) qq/p LJ ~ -5+»aA Comm- ��.�.�- {)���_T� C7 7 �1� Gr�phical Pealk Discharge metho� G i v ta: Description ..~.......,..,....... Rainfall distribution ........... Type II Frequency ......,....,.........., 10 years Rainfal1, P (24-hours) .......... 6.2000 in Drainage area . . . . . . . . . . . . . . . . . . . 0.01 17 miE 7.5 11C. _ Runoff curve number, C......... 92 N Time of concentration" Tc ....... 1.674B hre Pond and Swamp Areas ............ 0.0000 % of Area Computed Re�u1ts Initi;-�41 -vbstraction° Ia ......... Ia/P ............................ Unit peak discharge, qu ......... Runo�f, Q .................^~^^^' Pond and swamp adjustment, Fp ... Peak discharge, qp .............. Chi�innel Calculatc�r Given Input Data: Sj....,...........,,,......., Solving for ..................... Flowrate ............,........... Slmpe ..,...........,,,.......... 1--iq. -]-I..................... Height .......................... Bottom width ...........,........ Left slopf . .........~..~..~....^. Right slope .......,..,.......... C0mouted Results: 0.1739 in 0.1�00 255,4102 r�m/in 5.2662 in 1.0000 Trapezoidal Depth of FIuw 15.7000 cfs 0.0020 Ft/ft 0.0250 3O.0000 iw 24.0000 in - 4.��V0 �t/�t 4.0000 ft/ft , ' , �� c � C7 � ���� �� 7 . - 7 IT/ De,pth ........~,.,,^,.,.,,....... Velocity ....~..~,......,........ Flow area .,..................... 7.73B ft2 Flow perimeter .................. 139.0628 in Hydr8ulic radius ........,....... B.0084 in Top width ....................... 135.6274 in Area ............................ 30.0000 ft2 Perimeter ...........,........... 271.2863 in Perent ful l.................... 46.5114 Y. WDOWELL & ASSOCIATES, P.A. ENGINEERS • SURVEYORS William P. McDowell, III, P.E., R.LS. Post Office Box 391 Telephone., (919) 338-4161 1715 Weeksville Road Fax: (919) 335-9585 Elizabeth City, NC 27907-0391 October 7, 1996 RECE'IVFD WASHINGTON f`rciCF OCT 0 8 1996 Mr. William J. Moore D. E M. Environmental Engineer Department of Natural Resources and Commercial Development 1424 Carolina Avenue Washington, NC 27889 RE: Halstead Commercial Park, Phase II (McA: E4098D1) Dear Bill: In response to my telephone conversation with you on the 3rd, I am providing the following additional comments/information: 1. Designed Impervious Area =-J_U Impervious Areas on "developed" lots) should not exceed 75% due to the regulations of the City of Elizabeth City (subdivision). Their subdivision regulations require a 15' Landscaped Buffer on the lot frontage, as well as parking lot planters (1, planter per 14 spaces.) (These areas to remain "Green" are noted on our final plat, which is signed by all owners, prior to recordation.) 2. Copy of Final Plat (2, Sheets) 3. 1 copy of "Easement and Agreement to Share Costs" between Rich, Rich & Nance (Halstead Commercial Park - Phase II) and LFM Properties (Carolina Village). (NOTE: This is the easement regarding Lake No. 2.) 4. The volume of storage (both required and provided) is as follows:. Mr. William J. Moore October 6, 1996 Page -2- Designed Area Storage Cubic Foot Storage Lake No. (Water Surface Depth Designed Required 2 0.81 1.65' 58,218 52,468 3 0.72 1.65' 51,749 51,749 1 0.22 (Existing) 2-. 02' 19,350 19,350 Please let me know if you need any additional information. Sincerely yours, 67 i3u-�e Don A. Bunch Engineering Technician DAB/rae Enclosures CC: Mr. Bill Rich M 1 k' to PROTECT: HALS l EAD COMMERCIAL PARK - PHASE 2 DATE: JUNE 21, 1996 SUBJECT: COMPUTE STORAGE TIME IN THE COMBINED LAKE SYSTEM (LAKES 1,2, & 3) USING A NEW 6" PVC PIPE, (INV. 6.63) LOCATED IN THE EXIST. STRUCTURE IN LAKE NO. 1. (EXIST. PIPE IN STRUCTURE IS 3") VOLUME OF LAKES - DETENTION TIME (USING NEW 6' PIPE) (A) (B) (C) (D) (E) (F) (G) LAKE VOLUME VOLUME VERT. HEIGHT ®CFS ®VEL. (FPS) FLOW TIME ELEV (CU. FT.) (GALS.) (FT. OF HEAD) (IN 6" PIPE) (IN 6" PIPE) (IN MIN.) (IN DAYS) 8.5 - 8.65 14,121 7 06, 306 2.02 1.14 5.8 208 0.14 8.0 - 8.5 45.244 338.425 1.87 1.10 5.6 685 0.48 7.5 - 8.0 42.480 377,750 1.37 0.94 4.8 753 1 0.53 7.0 - 7.5 39,762 297.420 0.67 0.75 3.8 B83 0.67 6.63 - 7.0 3806 28.469 0.37 0.49 2.5 129 0.09 60 0.04 TOTAL - 1,088.370 GAL. LAKE SUMMARY: TOTAL = 1.9 DAYS ® FROM "TR-55 SOFTWARE (FOR ORIFICE - 0.51C) LAKE NO. W.S. AREA IN ACRES PERM. POOL ELEV. (TOP) OVERFLOW ELEVATION DRAINAGE AREA (AC.) 1 (EXIST.) 0.22 6.63 8.65 8.6 2 (PROP) 0.81 7.00 8.65 23.5 3 (PROP) 0.72 7.00 8.65 19.2 TOTALS 1.75 "OVERFLOW" ELEVATION CONTROLLED BY THE TOP OF THE EXIST. OUTLET STRUCTURE LOCATED IN EXIST. LAKE NO. 1 (INSTALLED DURING PHASE 1 CONST ® TOP ELEV. OF 8.65) 51.3 STORMWATER CALCULATIONS "HALSTEAD COMM. PARK - PHASE /I & "CAROLINA VILLAGE " ELIZABETH CITY. NORTH CAROLINA VATE: 8-21-98 le M,DOWELL & ASSOCIATES, P.A. nUM pA8 'l FNCENFFRS • SURVFYORS CHK: WPM CAD# STORM.DWG SCALE: N. A P. 0. BOX 391 1715 KMSVILLE RD. ELIZABETH CITY, NORTH CAROLINA (919)338-4161 WDOWELL & ASSOCIATES, P.A. ENGINEERS - SURVEYORS Post Office Box 391 1715 Weeksville Road Elizabeth City, NC 27907-0391 June 21, 1996 Mr. William J. Moore I Environmental Engineer Department of Natural Resources & Commercial Development 1424 Carolina Avenue P.O. Box 1507 Washington, NC 27889 RE: Halstead Commercial Park, Phase II Elizabeth City, NC Dear Bill: project. William P. McDowell, III, P.E., R-I-S. Telephone: (919) 338-4161 Fax: (919) 335-9585 a ,Y t RECEIVED WASHINGTON OFFICE JUN 2 4 1996 IL L M. Enclosed please find, for your review and approval, the following information on the above referenced 1. Two (2) copies of Plans, "Proposed Utility and Street Improvements" for Halstead Commercial Park, Phase 11, Sheets 1 of 2, and 2 of 2, dated June 6, 1996. 2. Two (2) copies of an executed "North Carolina Stormwater Management Permit Application°. 3. Check drawn on Rich, Rich & Nance In the amount of $385.00, as payment of the required review fee. 4. Two (2) copies afan "Operation & Maintenance Plan", signed by the owner. (Will be sent under separate cover.) 5. Two (2) copies of "Technical Information", Calculations and a reduced scale (1" = 250') map 8 pages). 6. Two (2) copies of covenants used for Phase 1. Same to be used for Phase 11. Please give me a call if you should need additional information or if you have any questions. Sincerely yours, Don A. Bunch Engineering Technician DABtrae Enclosures CC: Mr. Bill Rich (w/ enclosures) DIVISION OF ENVIRONMENTAL MANAGEMENT NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION R�GEIVEB WASHINGTON OFFICE JUN 2 41996 aLS I. GENERAL INFORMATION: , i 1. Project Name: Halstead Commercial Park - Phase TT 2. Project Location: ( County, State Road, Address) p_ a sgii n i- a n k (-nu n fi 1 _ S.R. 1152 (Halstead Blvd.) Rich, Rich & Nance 3. Owner's Name: a North Carolina (,enern 1 Pn rf-.nPrch ehone: 919—338__9183 4. Mailing Address: 400 South Water Street _ City Elizabgth City _State ar zip 27909 S. Application Date: May 31, 1996 Fee Submitted: 385 .00 ✓ 7. Nearest Receiving Stream: Knobbs Creek Class: C SW 8. Project Description: PRoposed 40 lot Commercial Subdivision II. PERMIT INFORMATION 1. Permit No. (will be completed by DEM) : 2. Permit Type: XX New Renewal Modification (existing permit no.) 3. Project Type: Low Density Xx Detention Infiltration Other 4. Other State/Federal Permits/Approvals Required: (Check appropriate blanks) XX Sediment/Erosion Control CAMA Major 404 Permit III. PROJECT BUILT UPON AREA ( See attached "Technical Info.,,) Drainage Drainage Basin Basin Breakdown of Impervious Areas Classification Buildings Allowable Impervious Roads Total Project Area Parking Proposed Impervious Other $ Impervious Area Totals IV. STOR14WATER TREATMENT (Describe how runoff will be treated): Lakes/Detention Ponds Ng, 2 & 3 will store the first inch of runn-off and remove a minimum of 85% T.S.S. V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for specific requirements. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. OWNER'S CERTIFICATION I, William D. Rich certify that the (Please print name clearly) information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to -the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named pe behalf. n (1 / �'� . U\��_ or firm to submit stormwater plans on my AUTHORIZED AGENT Person or Firm Name: McDowell & Associates, P.A. Mailing Address: P . 0. Box 391 city Elizabeth City State NC zip 27909 Phone: 919-338-4161 Please submit application, fee and plans to appropriate Regional Office. (see attached map) -2- POND MAINTENANCE REQUIItEMENT5 Prv)ect Name: I I al sfead Comm tAeca.! Project Numb; �a•�-K -Phase 2 Responsible Parry: y4 Phone Number: �8 3 Address: 4:�2c,� 5. 1,(z2 ZA , 11i c: 2?'gv ! Inspect monthly, or after every runoff -producing rainfall evens, whichever comes first A. Remove debris from the trash rack. B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check for pump operation. C. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event D. If the pond is operated with a vegetated filter, check the filar for sediment accumulation, erosion and proper operation of the flow spreader mechanism. Repair as necessary. II. Quarterty A. Inspect the collection system (i.e., catch basim piping, grassed swaies) for proper functioning. Clear accumulated trash from basin grates and basin bottoms, and check piping for obstructions. B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes. C. Reseed grassed swages, including the vegetated iiitex if applicable, ri;cc a year as recevey. Rep..:. eroded area immediately. � III. Every d months A. Remove accumulated sediment from the bactom of the outlet strucr= B. (beck the pond depth at various points in the pond. If depth is reduced to 75% of original design depth, sediment will be removed to at least original design depth POND MAINTENANCE REQUIREMENTS CONTINUED PAGE 2 rV. C"malal A. Mow the sue slopes, mot &luding m=aUy submmVed vegetated shelf. =mxW to the Smm Mam=m raw hdft wM be 6-- B. Cattails, and other indigenous wetland plazas, are ==qW akag the pond perimeter, however, they mug be removed wt= they com the entire surface am of the pami C. The orifice is designers to draw down the pond is 2-5 days. If drawdDWa IS not accoupLshad in that time, the system may.be ckWed. The sauce of the dogging imm be found and eliminated. kT§'; '-T T I " 74. 4 g 1 g = hereby m w JmmvWp that I am the financially responsible party for nigimpm of this dmenam pond, I wm perform the maiatenww as oufted above, as part of the of Camp th StcrmwaUr Regulations received far this project. SipaWm Date;�A,= L -� `— E a k il-i) A a Notary Public for the State of Ugff) I. County : " L,6T( do hm-eby cerffy that LO) --Zi LL, -�-- — , pmomHy appeared before this day C() 19 (i(-c and ackawiedge. the due c=udm of the fa %ming imMmmm YrIMm hand and oMcW seal, My ammtssim expirm—L sow 533paff--- 2.6.2 sr -' RECEIVE WASHIMGTON Pr -'OFFICE Prepared by and Thomas P. Nash, P.O. Box 768 Elizabeth City, return to: IV NC 27907-0768 DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND THIS DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND is declared as of this 8th day of September, 1992, by Rich, Rich & Nance, a North Carolina General Partnership, with offices at 1146 North Road Street, Elizabeth City, NC 27909, hereinafter referred to as Declarant. WHEREAS, Declarant is the owner of a commercial office park located in or near Elizabeth, City, North Carolina, more particularly delineated on plat entitled in part, "Final Subdivision Plat for Halstead Commercial Park, Phase One", prepared by McDowell & Associates, P.A., under date of May 11, 1992, which plat is recorded in Map Book 17 at Page 21 in the Pasquotank County Registry (hereinafter "Park Property"); and WHEREAS, Declarant desires to establish certain restrictions relating to the use of said Park Property and impose certain criteria with respect to the construction, maintenance and operation of improvements and common areas on said Park Property as hereinafter set forth; and WHEREAS, Declarant as owner of said Park 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 benefitting the Park Property which shall survive a conveyance or lease of any or all of said Park Property; and WHEREAS, Declarant is desirous of establishing certain rights and imposing certain obligations with respect to ingress and egress to said Park Property, the common areas within said Park Property and with respect to utility easements servicing said premises; NOW, THEREFORE, Declarant, for itself, its successors and assigns, does hereby declare as follows: 1. Definitions. (a) The term "Lot Owner" shall mean the record owner whether one or more persons or entities, of the fee simple title to or equity of redemption of a lot which is a part of the Park Property, or any portion thereof, and not any mortgagee(s) thereof unless and until such mortgagee(s) has taken possession (directly or through a receiver or other court appointed officer) of all or 'I t any portion of such lot (and then only. for the period such mortgagee remains in possession) or has acquired ownership by foreclosure or otherwise. (b) The term "Owner/Developer" shall mean Rich, Rich & Nance, its successors or assigns. (c) The term "Lot" shall mean and refer to any plot of land shown upon any recorded map of the Park Property with the exception of the common area. (d) The term "Park Property" shall mean all the property herein described as shown on plat recorded in Map Book 17, Page 21, Pasquotank County Registry and such additions thereto as may hereafter be brought within the jurisdiction of the Association. (e) The term "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Lot owners. (f) The term "Association" shall mean and refer to Halstead Commercial Park Property Owners Association, its successors and assigns. 2. Lot Owners' Easements of EnioyLnent. Every Lot owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable assessments and other fees for the use and maintenance of the Common Area or any recreational facility situated thereon; (b) The right of the Association to suspend the voting rights and right to use the Common Area by any Lot owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument' agreeing to such dedication or transfer signed by two-thirds (2/3rds) of each class of members has been recorded. 3. Membership, and Voting Rights. Every Lot owner which is subject to assessment shall be a member 'of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. ►, 3 J PAGE 2 G 4 (a) The Association shall have two classes of voting membership: , Class A: Class A members shall be all Lot Owners, with the exception of the Owner/Developer and shall be entitled to one vote for each Lot owned. When more than one person or entity holds an interest in any Lot, all such persons or entities shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B: The Class B member shall be the Owner/Developer and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (1) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (2) on June 15, 1999. 4. Creation of the Lien and Personal Obligation of Assessments. The Owner/Developer for each Lot owned within the Park Property, hereby covenants, and each Lot Owner by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person(s) who was the Lot Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor in title unless expressly assumed by them but said obligation will remain a lien against the lot as hereinafter set out. (a) Purpose of Assessments. The assessments levied by the Association shall be used for the improvement and maintenance of the Common Area to include the maintenance and landscaping of the berms, buffer areas, open spaces and ponds or lakes and any lighting or fences necessitated thereby, maintenance of the entrance signs and other signs within the Park Property not used exclusively for a particular lot and the maintenance and upkeep of all utility lines and easements and any drainage easements within the Park Property. 3 gn 5 3 3 pni 2 6-5 (b) Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to a Lot Owner, the maximum annual assessment per lot shall not exceed $350.00 per lot. (i) From and after January 1 of the year immediately following the conveyance of the first Lot to a Lot Owner, the maximum annual assessment may be increased each year by not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. (ii) From and after January 1 of the year immediately following the conveyance of the first Lot to a Lot Owner, the maximum annual assessment may be increased above five percent (5%) by a vote of two-thirds (2/3rds) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. ( i i i ) The Board of Directors may f ix the annual assessment at an amount not in excess of the maximum. (c) Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement, upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3rds) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose. (d) Notice and Quorum for Any Action Authorized Under Paragraphs (b) and (c). Written notice of any meeting called for the purpose of taking any action authorized under paragraphs (b) or (c) shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes 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 (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. (e) Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. (f) Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence 4 Boa 5 3 3 pnE 266 as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Lot Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. (g) Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Lot owner personally obligated to pay the same, or foreclose the lien against the property and any attorney fees incurred by Association as a result of its bringing an action at law or foreclosure shall be added to the assessment owing and shall be a lien upon the lot as allowed by law. No Lot owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. (h) Subordination of the Lien to Mortgages. The lien of the assessments and related expenses including attorney fees 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 mortgage foreclosure or any proceeding in lieu thereof, 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. 5. Restrictions on Use of the Lot . The following uses shall be permitted: (a) Dry cleaning and Laundries, Service Stations, Churches, Funeral Homes, Barber and Beauty Shops and Motels; (b) Stores retailing antiques, appliances, bicycles, drugs, electrical and plumbing fixtures, fish, furniture, groceries, hardware, meat, motorcycles, paints, wallpaper and upholstery; (c) Professional offices to include clinics, medical, dental and doctors' offices, attorneys' offices, accountants' 5 GOOK. 5 3 3 PAGE 2 G 7 offices, opticians, offices, government offices, veterinary offices, insurance offices and similar uses; (d) Restaurants, including open air or sidewalk cafes and drive-ins dispensing food; (e) off street parking as a principal use providing for public parking, private parking, or parking in conjunction with other permitted uses; (f) Telecommunications and telephone switching. (g) Such other uses as may be permitted pursuant to the zoning classification assigned to the Lots by the City of Elizabeth City as same may be amended from time to time. 6. Restrictions on Improvements to the Parcels. (a) Building Design and Construction. An architectural committee consisting of three members shall be selected by the Board of Directors of the Association. All three members shall be appointed or removed at any time and without cause, by majority vote of the Board of Directors of the Association. (1) No construction, which term shall include within its definition clearing, excavation, sign erection, grading and other site work, shall take place except in strict compliance with the provisions set forth herein, until the requirements thereof have been fully met, and until the approval of the committee has been obtained. (2) The committee shall have exclusive jurisdiction over all original construction, sign erection, trash containment, mailbox designation and landscaping on any lot and later 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 promulgate architectural standard guidelines ("Guidelines") and application and review procedures ("Procedures"). The Guidelines and Procedures shall be those of the Lot Owners 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 Lot 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. (3) 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 Guidelines; if the design, color scheme or location upon the parcel of the 2 wx 533PhGE 268 proposed improvements are not in harmony with the general surroundings of adjacent structures; if the plans or specifications submitted are incomplete; or in the event that the committee deems the plans, specifications or detail, or any part thereof, to be contrary to the best interests, welfare or rights of all or any part of the Park 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 Park Property 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. (4) The committee shall approve or disapprove plans, specifications and details submitted in accordance with its Procedures within 30 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 and details within 30 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. (5) 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. (6) Nothing contained herein shall be construed to limit the right of a Lot owner to remodel the interior of his structure, or to paint the interior of the same any color desired. (7) Neither the Board of Directors of the Association or the committee 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 constructions. (8) The requirements of this paragraph 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 predecessor in title to comply with the terms hereof. (b) Maintenance and operation of Improvements on the Lots. Each lot including the landscaped and parking areas and all 7 a 53 3 PAGE 26 9 improvements thereon, shall be maintained by the respective Lot owner in good condition and repair. Maintenance is to include, without limitation, the following: (i) Maintaining all perimeter and exterior building walls and surfaces in a good condition and state of repair. (ii) Maintaining all paved surfaces in a level, smooth and evenly -covered condition, with parking areas paved, stripped and repaved and restripped whenever necessary. (iii) Removing all papers, ice, snow, mud and debris and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition. (iv) Providing adequate security to protect such lot and the Park Property from obtrusive, unruly or otherwise objectional behavior of residents, occupants or patrons of any business operated on such lot. (v) Placing, keeping in repair and replacing any necessary or appropriate directional signs, markers and lines. (vi) Operating, keeping in repair and replacing, where necessary, such artificial lighting facilities as shall be reasonably required. (vii) Maintaining, mowing, weeding, trimming and watering all landscaped areas on such lot and making such replacements of shrubs and other landscaping as is necessary. (viii) In the event that any building or improvements constructed on a lot shall be damaged or destroyed, in whole or in part, by fire or other casualty, the respective Lot Owner shall restore the damaged buildings and the improvements to their condition as originally constructed within six months from the date of such damage or destruction. Such Lot Owner shall commence restoration of the damaged improvements within thirty (30) days of the date of such damage or destruction or such Lot Owner shall within such thirty (30) day period completely demolish the damaged improvements, level and pave or grass the areas whereon such improvements were located. (ix) Once the improvements to the premises have been completed, the Lot Owner utilizing his lot for business purposes shall open for business and continuously operate its business for the business purposes for which the improvements were constructed except (a) for temporary interruptions not I to exceed ninety (90) days, or (b) during restoration of the improvements following damage by fire or other casualty ("Restoration") as provided in subparagraph (viii) above, or (c) for a reasonable period of time a BGGK 5 3 3 PAGE 27 0 following any mortgagee or third party becoming a "Lot Owner" (other than an institutional first mortgagee) by acquiring title to such lot upon a foreclosure or deed in lieu thereof. At all times, other than during Restorations, the interior and exterior of any building on the premises and the parking areas shall be lighted and maintained and, to the extent reasonably possible, be made to appear as if normal business operations were being conducted on the premises. (c) Conduct of Business Outside Business. No business or sales activities shall be conducted outside of the building or in any parking areas of a Lot. (d) Compliance with Laws. All structures constructed and any business operated on a Lot shall be in accordance with (i) all rules, regulations, codes and laws of any governmental authority asserting jurisdiction over the Park Property or the respective lot, and (ii) all of the terms and conditions of this Declaration. 7. Violations of Restrictions. Should the foregoing restrictions in paragraphs 5 and 6 hereof (hereinafter "Restrictions") be violated, or should any attempt be made to violate the same, Owner/Developer or Association is hereby granted the right and privilege to commence and/or prosecute any proceeding at law and/or in equity against any person, persons and/or entities violating or attempting to violate the Restrictions to (i) restrain and prevent violation thereof, and or (ii) to recover damages resulting from such violation and or (iii) to specifically enforce compliance with and/or enjoin continued violation of the said Restrictions by temporary restraining order and/or permanent injunction, with or without the showing of irreparable harm. Should the Restrictions, or any one of them, be violated by any person and/or entity then owning, operating and/or leasing a parcel or any improvement(s) erected thereon, and should no action be taken within the maximum allowable prescriptive period applicable thereto to prevent, abate or restrain such violation, the continuation or existence of such violation shall not prevent enforcement of the restrictions, or any one of them, against any subsequent violation of violations thereof, nor shall the continuation or existence of such violation constitute cause for invalidation of the Restrictions,, or any one of them, it being the intent and purpose of the foregoing to maintain at all times over the term herein provided the viability of each and every one of the Restrictions imposed herein, notwithstanding the existence or continuation of any violation against which no remedial action has been sought. 8. Easements (a) Utility and Service Easement. Owner/Developer 9 BOOK 5 3 3 PAGE 271 hereby reserves to itself perpetual non-exclusive easments appurtenant to the Park Property, for the purpose of installing, operating, maintaining, repairing, replacing and renewing any and all utility, sewage and drainage lines and related facilities over, above, along and under and in the Lots and Common Area wherever said utility lines may be located. Each Lot Owner covenants (a) to maintain all utility lines located on its premises in good condition and repair; and (b) in the event that specific, separate written easement agreements are necessary, to execute any necessary easements encumbering its Lot provided, however, this obligation in no way limits the self -operative nature or effectiveness of the easements reserved herein. (b) Limitations on Use. Each Lot Owner shall use reasonable efforts to ensure that its permittees shall not park on other Lots within the Park Property. 9. Indemnification Insurance (a) Indemnification. The Owner/Developer and each Lot Owner hereby agrees to and shall indemnify, hold and save the other parties harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments, including reasonable attorney fees and expenses, arising from personal injury, death or property damage and occurring on or from its own tract, except as if caused by the act or negligence of the other. (b) Insurance. (i) Each Lot Owner shall procure and maintain in full force and effect throughout the term of this Declaration public liability insurance and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, such insurance to afford protection to the limit of not less than $500,000.00 for injury or death of a single person, and to the limit of not less than $500, 000.00 for any one occurrence, and to the limit of not less than $100,000.00 for property damage. (ii) At all times during the term of this Declaration, each Lot Owner shall keep improvements on its property insured against loss or damage by fire and other perils and events as may be insured against under the broad form of Uniform Extended Coverage Clause in effect from time to time in the state in which such Lot Owner's properties are located, with such insurance to be for the full replacement value of the insured improvements. 10. Rights of Successor. (a) The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. This Declaration shall bind and inure to 10 'BOOK 5 3 3 pha 2 �' 2 the benefit of the owners of each Lot, and their respective heirs, representatives, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. (b) The foregoing restrictions and agreements are imposed on the lots for the benefit of the Park Property. Accordingly, all references herein to "Declarant" or Owner/Developer shall mean the Declarant herein and any successor who may become the owner of the Park Property. In the event that another entity shall acquire the Park Property, such other entity shall be considered the Declarant or Owner/Developer for all purposes of this Declaration. 11. Additional Properties_ Subject to These Restrictions. Owner/Developer has the right to make additional properties subject to this Declaration of Easements with Covenants and Retrictions Affecting Land. Such additions may be annexed by the Owner/Developer without the consent of the Association members within seven (7) years of the date of this Declaration and such additions shall be made by filing of record a Supplementary Declaration of Easements with Covenants and Restrictions Affecting Land with respect to the additional property which shall extend the scheme of this Declaration to such property. Such Supplementary Declaration may contain such complementary additions and modifications of the Declaration as may be necessary to reflect the differing needs, if any, of the added properties. However, this reservation shall in no way be construed as a requirement on the part of the Owner/Developer to make such additional properties subject to this Declaration. 12. Self -Help. If a Lot Owner shall fail to perform any obligation under this Declaration or violate any Restrictions or fail to remedy any violation of any Restrictions for fifteen (15) days after written notice of such failure, Owner/Developer or Association shall have the right, but not the obligation, to enter upon the respective parcel and perform such obligation or remedy such violation. All costs incurred by Owner/Developer or Association upon such performance shall be paid by such Lot Owner to Owner/Developer or Association upon demand therefor together with interest thereon computed at the rate of eighteen percent (18%) per annum or the highest rate permitted by law, whichever is less, during the period such expenditures are not reimbursed. 13. Duration. The Covenants and Restrictions of this Declaration shall be effective for a term of twenty --five (25) years commencing with the date hereof, which term shall be automatically extended for successive periods of ten (10) years each. However the term of the Restrictions shall not exceed ninety-nine (99) years from the date hereof. 14. Not Partners. Nothing contained in this Declaration 11 BOOK 5 3 3 PAGE 2T'3 shall be construed to make the Owner/Developer or any Lot Owner or any successor or assign thereof, or any of the joint venturers of any of the above, or any mortgagee of the other, liable for the debts or obligations of one another. 15. Subordination of Mortgages. Any mortgage of all or any part of the Park Property or any Lot shall be subordinate to the terms and conditions of this Declaration which subordination shall be self -operative and shall require no further evidence thereof. A party hereto shall request of the holder of any mortgage, upon the request of either the Owner/Developer or a Lot Owner, as the case may be, that it execute and deliver to the requesting party a document in recordable form to evidence the fact that such mortgage is subordinate to this Declaration. 16. Severability. If any term, covenant or condition of this Declaration is held by any Court of competent jurisdiction, to be invalid or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and should in no way be affected or invalidated thereby. 17. Modifications and Headings. This Declaration cannot be changed, modified or discharged orally and may only be changed, modified or discharged in writing by an instrument signed by not less than a majority of the Lot Owners within the then constituted Park Property. The paragraph headings are inserted for convenience only and in no way define, limit or express intent of this Declaration or any particular provision of this Declaration. IN WITNESS WHEREOF, this Declaration of Easements with Covenants and Restrictions Affecting Land has been made as of the day and year first above written. DECLARANT: RICH, RICH & NAN E V By: SEAL) William D4--Ric . Partner L/ �I.!T/■� By : �4- t.ZL::"2C) ( SEAL) Ja;deqf K. Nance, Jr., the 12 BOOK 533PAGE 2ii STATE OF NORTH CAROLINA COUNTY OF 'T-, I, a Notary Public of the County and State aforesaid, certify that William D. Rich, Partner in Rich, Rich & Nance, a North Carolina General Partnership personally,oa 4Fed before me this day and acknowledged the execution ,,f ph � 'going instrument. y_ Witness my hand and of f ici`�; `�tamp� ov!,O� seal, this day of 1992 My commission expires: •_.� ;,_J �c;:mia- E:�r�s iriarclt 29 1��1 N t�'y:.Pub�.z'c milli rn�1t, STATE OF NOFqH CAROLINA COUNTY OF I, a Notary Public of the County and State Robert J. Rich, Partner in Rich, Rice General Partnership personally a p fkroo acknowledged the execution of thy` ;A9QJ.* Witness my hand and official taI 1992. /j MYr COIOlIIissiO �xDIr s: =�C13 LSD lyJ7 STATE OF NO TH CAROLINA COUNTY OF M,0 1J 0 Al I, a Notary Public of the James K. Nance, Jr., Par Carolina General Partnersh and acknowledged the exec aforesaid, certify that Nance, a North Carolina ,fore me this day and Instrument. this day of otary P , ttr••••'' .� k rolP County and State aforesaid, certify that tne, ootl l�r14 h, Rich & Nance, a North i t' d ,y appeared before me this day �rr'`or'tbd�oregoing instrument. Witness my hand and of£ic. Se f- T, 1992. r. I�,y_ COIRmiS51Qn MUCe Mp ia©TAa• tathismS, Gr,i.1G: 69 Q %. • e A 1_: • A--- ! A !) D s of n F day of NORTH CAROLM PAS(&VrANK OOLUN The foregoing or 8rmexed certificate(%) of Susan Gallagher, ' 13 BOOK 533PAoE 275 Notary () Public of Pasquotank County_, State of North Carolina, jsWare certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Pasquotank County, North Carolina, in Deed Book 533 , Page 262 This the 29th day of September 19 92 at 8:21 A. M. ('�R�egiste of Deeds 5 Deputy�4� 14 a 300K. 5 3 3-PA GE....-.2-6.2 RECENT WASIiING-r OFFICE jUN 2 4 1996 Prepared by and Thomas P. Nash, P.O. BOX 768 Elizabeth City, return to: IV NC 27907-0768 DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND THIS DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND is declared as of this 8th day of September, 1992, by Rich, Rich & Nance, a North Carolina General Partnership, with offices at 1146 North Road Street, Elizabeth City, NC 27909, hereinafter referred to as Declarant. WHEREAS, Declarant is the owner of a commercial office park located in or near Elizabeth City, North Carolina, more particularly delineated on plat entitled in part, "Final Subdivision Plat for Halstead Commercial Park, Phase One", prepared by McDowell & Associates, P.A., under date of May 11, 1992, which plat is recorded in Map Book 17 at Page 21 in the Pasquotank County Registry (hereinafter "Park Property"); and WHEREAS, Declarant desires to establish certain restrictions relating to the use of said Park Property and impose certain criteria with respect to the construction, maintenance and operation of improvements and common areas on said Park Property as hereinafter set forth; and WHEREAS, Declarant as owner of said Park 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 benefitting the Park Property which shall survive a conveyance or lease of any or all of said Park Property; and WHEREAS, Declarant is desirous of establishing certain rights and imposing certain obligations with respect to ingress and egress to said Park Property, the common areas within said Park Property and with respect to utility easements servicing said premises; NOW, THEREFORE, Declarant, for itself, its successors and assigns, does hereby declare as follows: - 1. Definitions. (a) The term "Lot Owner" shall mean the record owner whether one or more persons or entities, of the fee simple title to or equity of redemption of a lot which is a part of the Park Property, or any portion thereof, and not any mortgagee(s) thereof unless and until such mortgagee(s) has taken possession (directly or through a receiver or other court appointed officer) of all or �UU v 0 0 PAGE 44 b J any portion of such lot (and then only for the period such mortgagee remains in possession) or has acquired ownership by foreclosure or otherwise. (b) The term "Owner/Developer" shall mean Rich, Rich & Nance, its successors or assigns. (c) The term "Lot" shall mean and refer to any plot of land shown upon any recorded map of the Park Property with the exception of the common area. (d) The term "Park Property" shall mean all the property herein described as shown on plat recorded in Map Book 17, Page 21, Pasquotank County Registry and such additions thereto as may hereafter be brought within the jurisdiction of the Association. (e) The term "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Lot owners. (f) The term "Association" shall mean and refer to Halstead Commercial Park Property Owners Association, its successors and assigns. 2. Lot Owners' Easements of Enjoyment. Every Lot owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable assessments and other fees for the use and maintenance of the Common Area or any recreational facility situated thereon; (b) The right of the Association to suspend the voting rights and right to use the Common Area by any Lot owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 50 days for any infraction of its published rules and regulations; (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument' agreeing to such dedication or transfer signed by two-thirds (2/3rds) of each class of members has been recorded. 3. Membership and Voting Rights. Every Lot owner which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. 2 0NX 533PAGE 264 (a) The Association shall have two classes of voting membership: Class A: Class A members shall be all Lot Owners, with the exception of the Owner/Developer and shall be entitled to one vote for each Lot owned. when more than one person or entity holds an interest in any Lot, all such persons or entities shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B: The Class B member shall be the Owner/Developer and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (1) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (2) on June 15, 1999. 4. Creation of the Lien and Personal Obligation of Assessments. The Owner/Developer for each Lot owned within the Park Property, hereby covenants, and each Lot Owner by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person(s) who was the Lot Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor in title unless expressly assumed by them but said obligation will remain a lien against the lot as hereinafter set out. (a) Purpose of Assessments. The assessments levied by the Association shall be used for the improvement and maintenance of the Common Area to include the maintenance and landscaping of the berms, buffer areas, open spaces and ponds or lakes and any lighting or fences necessitated thereby, maintenance of the entrance signs and other signs within the Park Property not used exclusively for a particular lot and the maintenance and upkeep of all utility lines and easements and any drainage easements within the Park Property. 3 gon 5 3 3 phci 265 (b) Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to a Lot Owner, the maximum annual assessment per lot shall not exceed $350.00 per lot. (i) From and after January 1 of the year immediately following the conveyance of the first Lot to a Lot Owner, the maximum annual assessment may be increased each year by not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. (ii) From and after January 1 of the year immediately following the conveyance of the first Lot to a Lot Owner, the maximum annual assessment may be increased above five percent (5%) by a vote of two-thirds (2/3rds) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (iii) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. (c) Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement, upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3rds) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose. (d) Notice and Quorum for Any Action Authorized Under Paragraphs (b) and (c). Written notice of any meeting called for the purpose of taking any action authorized under paragraphs (b) or (c) shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes 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 (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. (e) Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. (f) Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence 4 BooK 5 3 3 p4GE 266 as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Lot Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. (g) Effect of Nonpayment. of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Lot Owner personally obligated to pay the same, or foreclose the lien against the property and any attorney fees incurred by Association as a result of its bringing an action at law or foreclosure shall be added to the assessment owing and shall be a lien upon the lot as allowed by law. No Lot owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. (h) Subordination of the Lien to Mortgages. The lien of the assessments and related expenses including attorney fees 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 mortgage foreclosure or any proceeding in lieu thereof, 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. 5. Restrictions on Use of the Lots. The following uses shall be permitted: (a) Dry cleaning and Laundries, Service Stations, Churches, Funeral Homes, Barber and Beauty Shops and Motels; (b) Stores retailing antiques, appliances, bicycles, drugs, electrical and plumbing fixtures, fish, furniture, groceries, hardware, meat, motorcycles, paints, wallpaper and upholstery; (c) Professional offices to include clinics, medical, dental and doctors' offices, attorneys' offices, accountants' 5 offices, opticians, offices, government offices, veterinary offices, insurance offices and similar uses; (d) Restaurants, including open air or sidewalk cafes and drive-ins dispensing food; (e) Off street parking as a principal use providing for public parking, private parking, or parking in conjunction with other permitted uses; (f) Telecommunications and telephone switching. (g) Such other uses as may be permitted pursuant to the zoning classification assigned to the Lots by the City of Elizabeth City as same may be amended from time to time. 6. Restrictions on Improvements to the Parcels. (a) Building Design and Construction. An architectural committee consisting of three members shall be selected by the Board of Directors of the Association. All three members shall be appointed or removed at any time and without cause, by majority vote of the Board of Directors of the Association. (1) No construction, which term shall include within its definition clearing, excavation, sign erection, grading and other site work, shall take place except in strict compliance with the provisions set forth herein, until the requirements thereof have been fully met, and until the approval of the committee has been obtained. (2) The committee shall have exclusive jurisdiction over all original construction, sign erection, trash containment, mailbox designation and landscaping on any lot and later 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 promulgate architectural standard guidelines ("Guidelines") and application and review procedures ("Procedures"). The Guidelines and Procedures shall be those of the Lot Owners 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 Lot 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. (3) 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 Guidelines; if the design, color scheme or location upon the parcel of the 6 nox 5 3 3 PAGE 268 proposed improvements are not in harmony with the general surroundings of adjacent structures; if the plans or specifications submitted are incomplete; or in the event that the committee deems the plans, specifications or detail, or any part thereof, to be contrary to the best interests, welfare or rights of all or any part of the Park 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 Park Property 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. (4) The committee shall approve or disapprove plans, specifications and details submitted in accordance with its Procedures within 30 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 and details within 30 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. (5) 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. (6) Nothing contained herein shall be construed to limit the right of a Lot owner to remodel the interior of his structure, or to paint the interior of the same any color desired. (7) Neither the Board of Directors of the Association or the committee 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 constructions. (a) The requirements of this paragraph 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 predecessor in title to comply with the terms hereof. (b) Maintenance and Operation of Improvements on the Lots. Each lot including the landscaped and parking areas and all 7 BOOK 5 3 3 PAGE 269 improvements thereon, shall be maintained by the respective Lot Owner in good condition and repair. Maintenance is to include, without limitation, the following: (i) Maintaining all perimeter and exterior building walls and surfaces in a good condition and state of repair. (ii) Maintaining all paved surfaces in a level, smooth and evenly -covered condition, with parking areas paved, stripped and repaved and restripped whenever necessary. (iii) Removing all papers, ice, snow, mud and debris and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition. (iv) Providing adequate security to protect such lot and the Park Property from obtrusive, unruly or otherwise objectional behavior of residents, occupants or patrons of any business operated on such lot. (v) Placing, keeping in repair and replacing any necessary or appropriate directional signs, markers and lines. (vi) Operating, keeping in repair and replacing, where necessary, such artificial lighting facilities as shall be reasonably required. (vii) Maintaining, mowing, weeding, trimming and watering all landscaped areas on such lot and making such replacements of shrubs and other landscaping as is necessary. (viii) In the event that any building or improvements constructed on a lot shall be damaged or destroyed, in whole or in part, by fire or other casualty, the respective Lot Owner shall restore the damaged buildings and the improvements to their condition as originally constructed within six months from the date of such damage or destruction. Such Lot Owner shall commence restoration of the damaged improvements within thirty (30) days of the date of such damage or destruction or such Lot Owner shall within such thirty (30) day period completely demolish the damaged improvements, level and pave or grass the areas whereon such improvements were located. . (ix) Once the improvements to the premises have been completed, the Lot Owner utilizing his lot for business purposes shall open for business and continuously operate its business for the business purposes for which the improvements were constructed except (a) for temporary interruptions not to exceed ninety (90) days, or (b) during restoration of the improvements following damage by fire or other casualty ("Restoration") as provided in subparagraph (viii) above, or (c) for a reasonable period of time 8 WK 5 3 3 PACE 270 following any mortgagee or third party becoming a "Lot Owner" (other than an institutional first mortgagee) by acquiring title to such lot upon a foreclosure or deed in lieu thereof. At all times, other than during Restorations, the interior and exterior of any building on the premises and the parking areas shall be lighted and maintained and, to the extent reasonably possible, be made to appear as if normal business operations were being conducted on the premises. (c) Conduct of Business Outside Business. No business or sales activities shall be conducted outside of the building or in any parking areas of a Lot. (d) Compliance with Laws. All structures constructed and any business operated on a Lot shall be in accordance with (i) all rules, regulations, codes and laws of any governmental authority asserting jurisdiction over the Park Property or the respective lot, and (ii) all of the terms and conditions of this Declaration. 7. Violations of Restrictions. Should the foregoing restrictions in paragraphs 5 and 6 hereof (hereinafter "Restrictions") be violated, or should any attempt be made to violate the same, Owner/Developer or Association is hereby granted the right and privilege to commence and/or prosecute any proceeding at law and/or in equity against any person, persons and/or entities violating or attempting to violate the Restrictions to (i) restrain and prevent violation thereof, and or (ii) to recover damages resulting from such violation and or (iii) to specifically enforce compliance with and/or enjoin continued violation of the said Restrictions by temporary restraining order and/or permanent injunction, with or without the showing of irreparable harm. Should the Restrictions, or any one of them, be violated by any person and/or entity then owning, operating and/or leasing a parcel or any improvement(s) erected thereon, and should no action be taken within the maximum allowable prescriptive period applicable thereto to prevent, abate or restrain such violation, the continuation or existence of such violation shall not prevent enforcement of the restrictions, or any one of them, against any subsequent violation of violations thereof, nor shall the continuation or existence of such violation constitute cause for invalidation of the Restrictions,, or any one of them, it being the intent and purpose of the foregoing to maintain at all times over the term herein provided the viability of each and every one of the Restrictions imposed herein, notwithstanding the existence or continuation of any violation against which no remedial action has been sought. 8. Easements (a) Utility and Service Easement. Owner/Developer BOOK 5 3 3 PAGE 271 hereby reserves to itself perpetual non-exclusive easments appurtenant to the Park Property, for the purpose of installing, operating, maintaining, repairing, replacing and renewing any and all utility, sewage and drainage lines and related facilities over, above, along and under and in the Lots and Common Area wherever said utility lines may be located. Each Lot Owner covenants (a) to maintain all utility lines located on its premises in good condition and repair; and (b) in the event that specific, separate written easement agreements are necessary, to execute any necessary easements encumbering -its Lot provided, however, this obligation in no way limits the self -operative nature or effectiveness of the easements reserved herein. (b) Limitations on Use. Each Lot Owner shall use reasonable efforts to ensure that its permittees shall not park on other Lots within the Park Property. 9. Indemnification/Insurance (a) Indemnification. The Owner/Developer and each Lot Owner hereby agrees to and shall indemnify, hold and save the other parties harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments, including reasonable attorney fees and expenses, arising from personal injury, death or property damage and occurring on or from its own tract, except as if caused by the act or negligence of the other. (b) Insurance. (i) Each Lot Owner shall procure and maintain in full Force and effect throughout the term of this Declaration public liability insurance and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, such insurance to afford protection to the limit of not less than $500,000.00 for injury or death of a single person, and to the limit of not less than $500,000.00 for any one occurrence, and to the limit of not less than $100,000.00 for property damage. (ii) At all times during the term of this Declaration, each Lot Owner shall keep improvements on its property insured against loss or damage by fire and other perils and events as may be insured against under the broad form of Uniform Extended Coverage Clause in effect from time to time in the state in which such Lot Owner's properties are located, with such insurance to be for the full replacement value of the insured improvements. 10. Rights_of Successor. (a) The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. This Declaration shall bind and inure to 10 BOOK 5 3 3 pha 272 the benefit of the owners of each Lot, and their respective heirs, representatives, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. (b) The foregoing restrictions and agreements are imposed on the lots for the benefit of the Park Property. Accordingly, all references herein to "Declarant" or Owner/Developer shall mean the Declarant herein and any successor who may become the owner of the Park Property. In the event that another entity shall acquire the Park Property, such other entity shall be considered the Declarant or Owner/Developer for all purposes of this Declaration. 11. Additional Properties Subject to These Restrictions. Owner/Developer has the right to make additional properties subject to this Declaration of Easements with Covenants and Retrictions Affecting Land. Such additions may be annexed by the Owner/Developer without the consent of the Association members within seven (7) years of the date of this Declaration and such additions shall be made by filing of record a Supplementary Declaration. of Easements with Covenants and Restrictions Affecting Land with respect to the additional property which shall extend the scheme of this Declaration to such property. Such Supplementary Declaration may contain such complementary additions and modifications of the Declaration as may be necessary to reflect the differing needs, if any, of the added properties. However, this reservation shall in no way be construed as a requirement on the part of the owner/Developer to make such additional properties subject to this Declaration. 12. Self -Help. If a Lot Owner shall fail to perform any obligation under this Declaration or violate any Restrictions or fail to remedy any violation of any Restrictions for fifteen (15) days after written notice of such failure, owner/Developer or Association shall have the right, but not the obligation, to enter upon the respective parcel and perform such obligation or remedy such violation. All costs incurred by owner/Developer or Association upon such performance shall be paid by such Lot Owner to owner/Developer or Association upon demand therefor together with interest thereon computed at the rate of eighteen percent (18%) per annum or the highest rate permitted by law, whichever is less, during the period such expenditures are not reimbursed. 13. Duration. The Covenants and Restrictions of this Declaration shall be effective for a term of twenty-five (25) years commencing with the date hereof, which term shall be automatically extended for successive periods of ten (10) years each. However the term of the Restrictions shall not exceed ninety-nine (99) years from the date hereof. 14. Not Partners. Nothing contained in this Declaration 11 BOOK 5 3 3 PAGE 2 i' 3 shall be construed to make the Owner/Developer or any Lot Owner or any successor or assign thereof, or any of the joint venturers of any of the above, or any mortgagee of the other, liable for the debts or obligations of one another. 15. Subordination of Mortgages. Any mortgage of all or any part of the Park Property or any Lot shall be subordinate to the terms and conditions of this Declaration which subordination shall be self -operative and shall require no further evidence thereof. A party hereto shall request of the holder of any mortgage, upon the request of either the Owner/Developer or a Lot Owner, as the case may be, that it execute and deliver to the requesting party a document in recordable form to evidence the fact that such mortgage is subordinate to this Declaration. 16. Severability. If any term, covenant or condition of this Declaration is held by any Court of competent jurisdiction, to be invalid or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and should in no way be affected or invalidated thereby. 17. Modifications and Headings. This Declaration cannot be changed, modified or discharged orally and may only be changed, modified or discharged in writing by an instrument signed by not less than a majority of the Lot Owners within the then constituted Park Property. The paragraph headings are inserted for convenience only and in no way define, limit or express intent of this Declaration or any particular provision of this Declaration. IN WITNESS WHEREOF, this Declaration of Easements with Covenants and Restrictions Affecting Land has been made as of the day and year first above written. DECLARANT: RICH, RICH & By: r~. William By: beat J. By: 12 NAN E K. Nance, Jr., EAL) (SEAL) SEAL) 800K 5 3 3 PAGE 2 -' I STATE OF NORTH CAROLINA COUNTY OF Ph5 DU 'TR-A1 !C I, a Notary Public of the County and State aforesaid, certify that William D. Rich, Partner in Rich, Rich & Nance, a North Carolina General Partnership personally, a fed before me this day and acknowledged the execution o'`NXz *'�ping instrument. Witness my hand and offici� mp, *64seal, this {—` day of Amh�r 1992. V My commission expires: Cc ;,mi:� r�s lriarch 29, I997 N t'y., Pub�z'c STATE OF NORTH CAROLINA COUNTY OF $ Al I, a Notary Public of the County and State aforesaid, certify that Robert J. Rich, Partner in Rich, Ric�l�,,,#,rrf Nance, a North Carolina General Partnership personally a rg4 afore me this day and acknowledged the execution of the`;'instrument. = Witness my hand and official skap %111110 ,this �� day of Pal bar- , 1992. : ~a �� = :s EC' My cammissi cg3mirps: IUGotary �r'•' rou�� STATE OF NO TH CAROLINA COUNTY OF j/01, I, a Notary Public of the County and State aforesaid, certify that James K. Nance, Jr. , Partnex,.�X.. R4,ch, Rich & Nance, a North Carolina General Partnersh3� %, y appeared before me this day and acknowledged the exec}t'k,X W o:r'hbeS regoing instrument. C9 ;• % , aOTA : Witness tness my hand and ofdc kkI stam ?or seal, this g day of � 1992. I -(j S L%G : c. Ky commission a9s: 115 1�9 NORTH CAROLUI A PASQLIOTANK ODLTTIY The foregoing ar amexed certificate(x) of Susan Gallagher, 13 W , BOOK 5 3 3 PAGE ti 7 Notary (ikx) Public of Pasquotank County, State of North Carolina, are certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Pasquotank County, North Carolina, in Deed Book 533 , Page 2b2 This the 29th day of September , 19 92 , at 8:21 A. M-. /-6'4 t" �- P 6 UJM'n') �7,rMA In Registe of Deeds t-'De'p�uty� 14 71 ,.7 W. I IMP "16 IT FA_ SM Al z it 4 �4i ' Al S V8420 DMA 57561 SW-SERIE State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Rich, Rich & Nance Attn: Mr. William 400 South Water St Elizabeth City, NC Dear Mr. Rich: DIVISION OF WATER QUALITY .October 18, 1996 D. Rich 27909 Subject: Permit No. SW7960617 Halstead Commercial Park, Ph 2 High Density Stormwater Project Pasquotank County The Washington Regional Office received the completed Stormwater Application for the subject project on October 8, 1996. 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. SW7960617 dated October 18, 1996 to Rich, Rich & Nance. This permit shall be effective from the date of issuance until October 18, 2006 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, o permit are unacceptable, you h adjudicatory hearing upon written following receipt of this permit. of a written petition, conforming Carolina General Statutes, and Administrative Hearings, P.O. Draw Unless such demands are made th binding. r limitations contained in this ave the right to request an request within thirty (30) days This 'request must be in the form to Chapter 150B of the North filed with the Office of er 27447, Raleigh, NC 27611-7447. is permit shall be final and 1424 Carolina Avenue, Washington, NC 27889 . An Equal Opportunity Affirmative Action Employer Telephone (919) 946-6481 FAX (919) 975-3716 50% recycled / 10% post -consumer paper Rich, Rich & Nance October 18, 1996 Page Two If you have any questions, or need additional information concerning this matter, please contact Bill Moore at (919) 946- 6481, extension 264. Sincerely, /c Rog r K. Th Water Quality Supervisor Washington Regional Office cc: McDowell & Assoc P squotank County Inspections ashington Regional Office Central Files State Stormwater Management Systems Permit No. SW7960617 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH 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 Rich, Rich & Nance Pasquotank County FOR THE construction, operation and maintenance of stormwater management systems 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 for two (2) wet detention ponds to serve the Halstead Commercial Park located at Elizabeth City, NC. This permit shall be effective from the date of issuance until October 18, 2006 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on pages 4 and 5 of this permit, the Project Data Sheet(s). 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 3 DIVISION OF WATER QUALITY PROJECT DATA Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: Pond Depth: Permanent Pool Elevation: Total Impervious Surfaces Allowed: Required Surface Area: Halstead Commercial Park, Ph 2 'S~ SW7960617 Pasquotank County Rich, Rich & Nance 400 South Water St Elizabeth City, NC 27909 6/24/96, original 10/8/96, complete Knobbs Creek C 6.0 feet (each pond) 7.0 ft MSL; lake 2 & 3 2.82 acres; Carolina Village 10.58 acres; H.C.P., North Basin 14.40 acres; H.C.P., South Basin 27.80 acres, Total 0.55 acres, lake 2 0.60 acres, lake 3 4 Provided Surface Area: Required Storage Volume: Provided storage Volume: Controlling Orifice: 0.73 acres, lake 2 0.72 acres, lake 3 52,468 cubic feet, lake--2 51,749 cubic feet, lake 3 r 58,218 cubic feet, lake 2 51,749 cubic feet, lake 3 8.65 overflow elev 4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices ( such as swales ) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receivingapproval from the Division. 5. The following items will require a modification to the permit: 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 of the project area. In addition, the Director may determine the 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. II. SCHEDULE OF COMPLIANCE 1. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system. 5 a. 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 surfaces except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The facilities must be properly maintained and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency 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 outlet structure, orifice device and catch basins and piping. 4. 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. 5. 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. 6. Upon completion of construction 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. Mail the Certification to the Washington Regional office, 1424 Carolina Avenue, Washington, North Carolina, 27889, attention Water Quality Section. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. N. III. GENERAL CONDITIONS 1. This permit 'is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change to the Permittee, a formal permit request must be submitted to the Division of water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. 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 143-215.6(a) to 143-215.6(c). 3. 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. 4. 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. 5. 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. Permit issued this the 18 th day of October, 1996. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t--A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7960617 7 Halstead Commercial Park, Phase 2 Pasquotank County Stormwater Permit No. SW7960617 Designer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project) (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. Signatu Registration Number Da n. WQT6 W A TF,9QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director e cr Division of Water Quality S, December 27, 2006 Mr. A. R. Chesson Halstead Venture Partners, LLC P.O. Box 1147 Williamston, NC 27892 Subject: Permit No. SW7960617 Renewal Halstead Commercial Park — Phase 2 High Density Stormwater Project Pasquotank County Dear Mr. Chessen: The Washington Regional Office received a completed Stormwater Renewal Application for the subject project on October 6, 2006. Staff review of the files and an on site inspection has determined that the project will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7960617 dated December 27, 2006 to Halstead Venture Partners, LLC for two wet detention ponds to serve Halstead Commercial Park — Phase 2 and Carolina Village (38 lot residential subdivision) located at the intersection of Halstead and Rich Boulevards in Elizabeth City, NC. The renewal request contained a request to bulkhead a portion of lot 41 along pond # 2 in order to enlarge the lot. This request cannot be approved. The vegetated perimeter shelf around the pond provides part of the stormwater treatment. This permit shall be effective from the date of issuance until December 27, 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. The issuance of this permit does not resolve any previous violations of the stormwater rules for construction without a permit. 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 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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 Roger Thorpe or me at (252) 946-6481. 21odjel, nter a Supervisor Surface Water Protection Section Washington Regional Office cc: Albemarle & Associates Elizabeth City Inspections Department Washington Regional Office Central Files North Carolina Division of Water Quality Internet: +�+ra nc++u�crc� alln nrL One 943 Washington Square Mall Phone (252) 946-6481 NorthCarolina Washington, NC 27889 Fax (252) 946.9215 Naturalltf State Stormwater Management Systems Permit No. SW7960617 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 Halstead Venture Partners, LLC Halstead Commercial Park — Phase 2 Pasquotank County FOR THE continued, operation and maintenance of stormwater management systems 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 for two wet detention ponds to serve Halstead Commercial Park — Phase 2 Center and Carolina Village (38 lot residential subdivision) located at the intersection of Halstead and Rich Boulevards in Elizabeth City, NC. This permit shall be effective from the date of issuance until December 27, 2016 and shall be subject to the following specified conditions and limitations: DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 2 of this permit, the Project Data Sheet. 3. A maximum of 27.8 acres of built upon area is allowed which includes 2.82 acres for Carolina Village, 10.58 acres for Halstead Commercial Park lots 32-41 (North Basin) and 14.4 acres for Halstead Commercial Park lots 1-31 (South Basin). 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with approved plans. 5. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. DIVISION OF WATER QUALITY PROJECT DATA Project Name: Halstead Commercial Park, Phase 2 Permit Number. SW7960617 Location: Pasquotank County Applicant: Halstead Venture Partners, LLC Mailing Address: PO Box 1147 Williamston, NC 27892 Application Date: 10/6/2006 Receiving Stream: UT to Knobbs Creek Classification of Water Body: C-Swp Pond #: Pond # 2 (North) Pond # 3_(South) Drainage area: 23.5 ac 19.2 ac Total Impervious allowed: 10.58 acres from lots 32-41 14.4 acres from lots 1-31 of of Halstead Commercial Park Halstead Commercial Park Phase II Phase II 2.82 acres from Carolina Village 38 lot residential Subdivision Wet Pond Depth: 6.0 ft 6.0 ft Required Storage Volume: 52,468 cf 51;749 cf Provided Storage Volume: 58,218 cf 51,749 cf Required Surface Area: 0.55 acres 0.60 acres Provided Surface Area: 0.73 acres 0.72 acres Permanent Pool Elevation: 7.0 ft 7.0 ft 6. No homeownertlot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swaies) 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. 7. The following items will require a modification to the permit: 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 of the project area. in addition, the Director may determine that other revisions to the project should require a modification to the permit. 8. 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. II. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system. a. 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 surfaces except roads. b. During construction, erosion shall be kept to a minimurri and any eroded areas of the system will be repaired immediately. 2. The facilities must be properly maintained and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency 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 outlet structure, orifice device and catch basins and piping. 4. 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. r Tom:_ •�_��� i_�_ I-.., r�,,a:+'..., s., ...+...d d........ �. r'F}, tti.¢. ccn.^.or'$ .r'.f D. I l is Flat l nit Shia!; beconne volUdUIC ur iless the lat,wtles are cci nsu uctcu lit accordance dal ce r. iu � � this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction 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. Mail the Certification to the Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina, 27889, attention Division of Water Quality. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. 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- 215.6(a) to 143-215.6(c). 3. 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. 4. 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. 5. 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. 6. The Permittee, at least six (6) months prior to the expiration of this permit, shall submit in writing a request for an extension along with appropriate application fee. Permit issued this the 27 th day of December, 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for A& W. Klimek, P.E. Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7960617