20051607 Ver 1_More Info Received_20051121

91"
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
z t www.SandEC.com
November 21, 2005
S&EC Project # 6348.w2
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
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Re: ADDITIONAL INFORMATION - DWQ Project No. 05-1607
"After-the-Fact" Neuse Buffer Request for Authorization Certificate &
Report to USACE of < 1/10 ac Wetland Fill as Required under Condition I, NWP39
Highland Village Apartments, Highland Village, Cary, Wake County, NC
Dear Ms. Karoly:
On behalf of the owner, Highland Village Limited Partnership, we arc providing you with the additional
information that you requested within your letter dated September 14, 2005 and received by Soil &
Environmental Consultants, PA (S&EC) on September 19, 2005 (see attached letter) in regards to the
owner's request for 2,782 square feet of impacts to riparian buffers protected under the Neuse Buffer Rule.
Additional Information:
1. (D11'Q Request) -Please indicate the diiffuseJlow provisions measures on the site plan and discuss
holy this provision will be met.
It is unclear to us what exactly you are requesting. The owner requested an Authorization
Certificate for a stormwater conveyance discharging from a bioretention area. The stormwater
conveyance directly discharges through the buffer to the stream. And, as such approved diffuse
flow will not be achieved. However, this activity is defined within the Table of Uses of the Neuse
Buffer Rule as an "allowable" activity as the bioretention area has been determined to be an
acceptable stormwater management facility that controls nitrogen and attenuates flow.
A stormwater conveyance previously existed within the location of the new conveyance prior to
the installation of the bioretention area, but was inadequate for the intended use. This pipe was
removed and a new conveyance from the new bioretention area was installed. It was believed by
the owner and their representatives at the time of the installation of the new conveyance that it was
an "exempt" activity because they were simply replacing an existing pipe. The Town of Cary
approved the construction plans and one can assume that they made the same assumption. After
reviewing the plans, S&EC informed the owner's representatives that we do not believe the
activity to be "exempt", but rather "allowable". The owner immediately contracted with S&EC to
obtain approval for the activity.
There are no other discharges to or through riparian buffers associated with this project. There are
two other bioretention areas proposed for the development that will directly discharge to existing
Charlotte Office.
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Highland Village S&EC Project No. 6348.w2
November 21, 2005 Page 2 of 3
stonnwater conveyances (road side ditches and pipes) without impacting riparian buffers. As
such, these discharges are considered exempt from the Neuse Buffer Rule and do not require
DWQ approval.
2. Please provide a copy of the Maintenance agreement, and the planting plans for Bio retention
areas # 1, 2, & 3.
It is unclear why you are requesting additional information for bioretention areas 1 and 2, because
they do not discharge to or through riparian buffers and because no DWQ stormwater management
plan is required under Condition No. 4 of GC3402 due to the fact that notification to and approval
to use GC 3402 is not required for the less than 1/10 of an acre of wetland fill. However, the
project engineer, Hugh J. Gilleece & Associates, and owner have agreed to provide this
information so as not to delay your review. Please find attached copies of the following
documents:
¦ Deed of Reservoir Watershed Protection and Access and Maintenance Easements and
Agreement
¦ Operations & Maintenance Manual - Highland Village
• Stormwater Control Structure Bio-Retention Maintenance Agreement
These documents apply to all three bioretention areas located within the development.
3. Please provide work- sheets, flow depths, ground water depths, planting soil infiltration rates, and
in-situ soil infiltration ratesforBio retention # 1, 2, & 3.
Once again, it is unclear why you are requesting additional information for bioretention areas 1 &
2 for the reasons stated above. However, the owner has agreed to obtain this information where
possible. Please find attached copies of the following documents:
¦ Bioretention Area Worksheets
¦ TerraTech Report of Soils Evaluation, Highland Village Site, Cary, NC
¦ Highland Village Infiltration Rate / Planting Soil Depth provided by Hugh J. Gilleece &
Associates on November 10, 2005.
¦ Highland Village Outlets to Bio-Retention Areas provided by Hugh J. Gilleece &
Associates on November 10, 2005.
¦ Revised Drainage Report 2, September 16, 2005
The engineer was unable to provide the pre-existing ground water depths and in-situ soil
infiltration rates for bioretention area #3 because while # 1 and 2 are not yet constructed a # 3 is
already under construction and the in-situ soils have already been disturbed. However, the Wake
County Soil Survey identifies the soils within the location of bioretention area #3 as Georgeville
and lists the depth to seasonally high water table as 10+ feet. Given this information and the fact
that underdrains are proposed in the design, the project engineer does not foresee the ground water
depth and infiltration rates to be an issue with this device.
Bioretention area #3 has been redesigned to have a max ponding depth of 0.61 feet (see attached
detail plans). We believe that this should be acceptable based on the current and new draft DENR
Stormwater BMP Manuals.
4. The depth/ inlet velocity of Bio retention # 3 is too high, and did not meet design requirements.
Please revise the design to meet design requirements.
Please see attached revised "Bio-Retention Area Details, Highland Village Phase 3" detail design
plan dated November 11, 2005.
Highland Village
November 21, 2005
SPEC Project No. 6348.w2
Page 3 of 3
We anticipate that the attached information will provide you all that you need to complete your review.
Please contact us if you require any additional information or if we can assist you in any way during your
review of this project. You can reach me by phone at [phone] or email at bzarzeckinsandee.com.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Soil & Environmental Consultants, PA
Attachments: (As described above.)
Cc: Thomas Brown, USACE Raleigh Regulatory Field Office
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
September 14, 2005
XRN RECEIPT REQUESTED
Highland Village Limited Partnership
Attn: Natalie Connell
113 South Wilmington Street
Raleigh, NC. 27601-1443
Subject Property: Highland Village Limited Partnership
REQUEST FOR MORE INFORMATION
Dear: Ms. Connell

SEA' 19 2006,
By. Soil & Enl onmenlal Consullan(s, PA
ect # 05-1607
Wake County
On August 22, 2005, the Division of Water Quality (DWQ) received your application dated August 19, 2005 to
impact 0.09 acres of wetlands, 686 square feet of riparian buffers in Zone 1, 2096 square feet of riparian buffers in
Zone 2 of the Neuse River to construct the proposed Highland Village complex. The DWQ has determined that your
application was incomplete, and need additional information.
Additional Information Requested:
1. Please indicate the diffuse flow provisions measures on the site plan and discuss how this provision will be
met.
2. Please provide a copy of the Maintenance agreement, and the planting plans for Bio retention areas # 1, 2,
& 3.
3. Please provide work sheets, flow depths, ground water depths, planting soil infiltration rates, and in-situ
soil infiltration rates for Bio retention # 1, 2, & 3.
4. The depth / inlet velocity of Bio retention # 3 is too high, and did not meet design requirements. Please
revise the design to meet design requirements.
Please respond within three (3) weeks of the date of this letter by sending three (3) copies this information in
writing. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please call Mr. Sam Aghimien at 919-733-3574 if you have any questions regarding this matter.
Sincerely, ?A?
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
CBK/saa
cc: Eric Kulz or Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Bob Zarzecki, Soil&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 05-1607 Highland Village (Wake) On Hold
401 Oversight/Expr= Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet http•//h2o enr state nc.us/ncwetlands
No Carolina
Ntmallj
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Return to: Thomas L. Horstman, CPESC
Erosion Control Supervisor
DEVELOPMENT REVIEW
Town of Cary
PO Box 8005, Cary, NC 27512
NORTH CAROLINA
WAKE COUNTY
DEED OF RESERVOIR WATERSHED PROTECTION
AND ACCESS AND MAINTENANCE EASEMENTS
. AND AGREEMENT
Highland Village Planned Community
Cary. North Carolina
THIS DEED OF EASEMENTS AND AGREEMENT is made this??_ ay of
December, 2004, by and among (i) "Highland Village" developer DHIC, INC. a. North Carolina
non-profit corporation ("Developer"); (ii) Highland Seniors Limited Partnership, a North
Carolina limited partnership; (iii) Highland Village Limited Partnership, a North Carolina
limited partnership, and (iv Highland Manor Apartments, Inc., a North Carolina non-profit
corporation, parties of the first part and all having a principal address or 113 S. Wilmington
Street, Raleigh, North Carolina 27601 with, to, and for the benefit of the Town of Cary, a
municipal corporation of the State of North Carolina ("Grantee" or the "Town") having an
address of Post Office Box 8005. Cary North Carolina 275128005, party of the second part.
WI TNESSETH:
WHEREAS, DHIC is the developer of "Highland Village Planned Community" ("Highland
Village") located off High House Road in the Town of Cary, Wake County, North Carolina
situated on a tract of land more particularly described as:
BEING all of Tract 2 containing 17.9865 acres as shown on plat as shown
on plat dated March 18, 2002 and recorded in the office of the Wake County
Registry of Deeds,(the "County Registry') in Book of Maps 2002, Page
580, Wake County Registry,
and being the same land conveyed to DHIC by deed recorded in the County Registry in Book
9370, Page 2182 (the "Highland Village Tract" or the "Property"); and
WHEREAS, since acquiring the Highland Village Tract, DHIC has subdivided the parcel
into six (6) tracts together with the creation of "Matheson Place (60' Public R/W)" and the
extension of "Falcone Parkway (60' Public R/W)" pursuant to plat entitled "Highland Village, A
Planned Unit Development," dated November 27, 2003 and recorded in the County Registry in
Book of Maps 2002, Page 2030; and
WHEREAS, DHIC is currently the owner of all of Lots 1, 2, and 3 of the Highland Village
Tract but has conveyed the remaining three lots to other affiliate entities including the
conveyance of (i) Lot 4 to Highland Seniors Limited Partnership ("Highland Seniors
Partnership") by deed recorded in the County Registry in Book 9794, Page 1604; (ii) Lot 5 to
Highland Village Limited Partnership ("Highland Village Partnership") by deed recorded in the
County Registry in Book 10565, Page 167, and (ii) Lot 6 to Highland Manor Apartments, Inc.
("Highland Manor") by deed recorded in the County Registry in Book 10565, Page 162; and
WHEREAS, the Highland Village Tract being located in a Reservoir Watershed
Protection District within the Town's planning jurisdiction is subject to certain requirements set
forth in the Town's Land Development Ordinance, as such ordinance may be amended from
time to time (collectively, with all amendments thereto, if any, the "Cary LDO"); and
WHEREAS, the Town has conditioned the development of the Property upon
Developer's implementation of certain watershed protection measures including but not limited
to (i) the conveyance or dedication of three (3) "Reservoir Watershed Protection" easements
(the "RWP Easements"); (ii) the construction, operation and maintenance of one or more
engineered stormwater control structures as required by the Cary LDO including, as
appropriate, bio-retention areas, grassed swales, inlet pipes, catch basins, rip rap, together with
the establishment and maintenance of vegetative filters and groundcovers (collectively, the
"Stormwater Control Structures"); (iii) the dedication of one or more "Access and
Maintenance Easements for the Town's inspection and maintenance of the RWP Easement
areas and the. Stormwater Control Structures respectively appurtenant thereto (the "Access
and Maintenance Easements") and (iii) Developer's assumption and responsibility for certain
specified maintenance and repair responsibilities together with the Benefited Property Owners'
(as hereinafter defined) assumption of secondary liability for such responsibilities under the
conditions specified herein; and
WHEREAS, the "RWP Easements" and "Access and Maintenance Easements" are
depicted as "Storm Water Best Management Practice, Access and Maintenance Easement(s)"
"1," "2," (both as located on Lot 1) and "3" (located on Lot 5) as shown on plat and survey
entitled "Easement Plat for Highland Village, A Planned Unit Development," Cary, Wake County,
NC, dated December 15, 2004, prepared by Bass, Nixon & Kennedy, Inc., Consulting
Engineers," (the "Easement Plat"), which plat is (i) attached hereto as Exhibit A and hereby
incorporated by reference and (ii) duly recorded or to be recorded in the County Registry; and
1034290
WHEREAS, (i) DHIC is the fee simple owner of Lot 1 upon which "Easement #1" and
"Easement #2" (as both such easements are shown on the Easement Plat) are located and (ii)
Highland Village Partnership is the fee simple owner of Lot 5 upon which Easement #3 (as
shown on the Easement Plat) is located; and
WHEREAS, while no RWP Easements, Access and Maintenance Easements or
Stormwater Control Structures are located on Lot 4 and Lot 6, these lots and their respective
owners Highland Seniors Partnership and Highland Manor are beneficiaries of such easements
and structures and the Town's allowing Developer to proceed with developing the Property
pursuant to the execution and delivery of this instrument and the Town's issuance of a
certification of compliance for the Property in connection with its stormwater management
requirements; Highland Seniors Partnership, Highland Manor together with Highland Village
Partnership are secondarily responsible for Developer's compliance with the Stormwater
Management Requirements and the general management of stormwater on their respective
lots; and
WHEREAS, the Town has procured this Deed of Easements and Agreement in
accordance with the requirements of N.C.G.S. Sec 143-211 et. sel and Chapter 10, Part 3 of
the Cary LDO; and
WHEREAS, (i) DHIC in its capacity as Developer shall hereinafter be referred to as
"Developer," (ii) DHIC and Highland Village Partnership in their capacity as grantors of the
RWP Easements and the Access and Maintenance Easements" as shown on the Easement
Plat shall hereinafter be referred to collectively as "Grantor;". and (iii) Highland Village
Partnership, Highland Seniors Partnership and Highland Manor in their respective capacities as
fee simple owners of property within Highland Village benefiting from the execution and delivery
of this instrument and the Town's issuance of a certification of compliance for the Property in
connection with its stormwater management requirements shall be hereinafter referred to
collectively, as the "Additional Benefited Owners;"and
WHEREAS, all the aforesaid recitals are incorporated within the body of this instrument
as if fully set forth herein.
NOW, THEREFORE, for valuable consideration including the respective benefits to and
the Town's allowing the continued development of the Property and other good and valuable
consideration between and among the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, DHIC and Highland Village Limited Partnership has dedicated,
bargained and conveyed and by these presents does hereby dedicate bargain, sell, grant and
convey unto Grantee, its successors and assigns, the following perpetual, and irrevocable rights
and easements in, on, over, under, through and across respectively Lots 1 and 5 of the.
Highland Village Tract for (2) those RWP Easements (as defined above and shown and
depicted as described above on the Easement Plat) within which easements Developer shall
construct, maintain, repair and reconstruct as necessary the Stormwater Control Structures (as
193s29v3
defined above), and (2) those certain Access and Maintenance Easements (as defined above
and shown and depicted as described above on the Easement Plat) as shown and depicted on
the Easement Plat, which latter easements shall be for the purpose of permitting the Town's
inspection and, if necessary, its maintenance and repair of the RWP Easement areas and
Stormwater Control Structures as more fully set forth herein and in the Cary UDO.
The additional terms, conditions, and restrictions of this conveyance and agreement are
as follows'
1. Developer agrees it shall maintain the RWP Easement areas in accordance with the
provisions set forth in Chapter 4, Part 4.6 of the Cary LDO and the "Operation and
Maintenance Manual for Highland Village, Cary, NC," dated and prepared by
Hugh J. Gilleece, III and Associates (the "Operations and Maintenance Manual"), a
copy of which is on file with the Town Engineering Department and which shall be
recorded in. the County Registry by its attachment hereto as "Attachment One".
Developer further agrees that as appropriate it (or its assigns) shall at its sole cost and
expense perform the following work and maintenance respectively within and to the
RWP Easements areas and the Stormwater Control Structures appurtenant thereto:
1.1 Monthly or after every runoff producing rainfall, whichever event shall
first occur:
1.1.1 Remove debris from bio-retention area.
1.1.2 Inspect for ponding, washed-out areas, and soil conditions.
1.1.3 Check for eroded areas of bio-retention area and repair as is reasonably
practical before next rainfall.
1.1.4 Check vegetation conditions within the bio-retention area and replace if
necessary any damaged plant materials.
1.2 Quarterly.
1.2.1 Inspect the collection system (i.e., catch basin, piping, grassed swales)
for proper functioning. Clear accumulated trash from basin grates, and
basin bottoms, and check piping for obstructions.
1.2.2 Check pond inlet pipes for undercutting. Repair if necessary.
1.2.3 Repair any broken pipes.
1.2.4 Re-mulch any void areas by hand whenever needed.
1.2.5 Replace rip rap at out let pipe that is choked with sediment.
1.3 Semi-Annually.
193429v3
Lt/JUUO
1.3.1 Reseed grass swale or border twice yearly.
1.3.2 Apply new mulch twice yearly.
1.4 General Maintenance.
1.4.1 All components of bio-retention area to be kept in working order.
1.4.2 The Property and bio-retention area are also subject to the terms,
restrictions and conditions of the Operations and Maintenance Manual
attached hereto and pursuant to the recordation of this instrument duly
filed in the County Registry.
1.4.3 In the event a change in ownership of the Property occurs, the current
owner shall notify the Stormwater Management Division of the Town
of Cary Engineering Department within thirty (30) days of such title
transfer.
2. Developer represents and warrants that Developer is financially responsible for
construction, maintenance, repair and replacement of all Stormwater Control Structures,
appurtenances and vegetation including any and all impoundments. In consideration of
the Town's issuance to Developer of a Certificates of Compliance" with stormwater
regulations for the Property, Developer agrees to perform the maintenance as outlined
above and in the Operations and Maintenance Manual (collectively, the "Stormwater
Management Requirements").
3. In the event Developer fails to comply with the Stormwater Management Requirements,
or any other obligations imposed herein or by the Cary LDO or Operations and
Maintenance Manual, (i) the Additional Benefited Owners (as defined above) shall be
responsible for controlling stormwater on their respective lots as required by the Town
and (ii) the Town may fulfill such requirements and perform such work as Developer is
responsible for and recover from Developer all costs and expenses in connection
therewith.
4. This Easement and Agreement grants, gives and provides Grantee, its officers,
employees, and agents the affirmative right to: .
4.1 Enter the RWP Easement and Access Easement areas whenever reasonably
necessary for the purpose of inspection in order to determine Developer's
compliance the Stormwater Management Requirements;
4.2 To maintain the stormwater management system and make repairs or
replacements to the Stormwater Control Structures and appurtenances as
may be necessary or convenient thereto; and
4.3 In the event Developer defaults in its obligations to recover from Developer the
cost of carrying out Developer's stormwater management responsibilities and in
addition to other rights and remedies available to it, to enforce by proceedings at
193A?9v3
law or in equity the rights, covenants, duties, and other obligations herein
imposed
DHIC and Highland Village Partnership as Grantor or an affiliate thereof shall in all other
respects (i) remain the fee owner of the Property and areas subject to the easements
granted herein and (ii) may make all lawful uses of Property not inconsistent with such
easements; provided further, however, that Grantor agrees that the terms, conditions
and restrictions of this instrument shall be inserted by Grantor in any subsequent deed
or other legal instrument by which DHIC and Highland Village Partnership respectively
divest themselves of any of their respective fee simple or possessory interests (with the
exception of residential leases or deeds to townhouse and condominium owners entered
into in the ordinary course of business) in their respective portions of the Property. The
designation Grantor and Grantee shall include DHIC and Highland Village Partnership
and their respective successors and assigns.
Grantee shall not waive or forfeit the right to take any action to ensure compliance with
the terms, conditions, restrictions and purposes set forth in this instrument by any prior
failure to act.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted
to Grantee, its successors and assigns forevcr, and DHIC and Highland Village Partnership as
Grantor do each respectively covenant that each is seized respectively of Lots 1 and 5 of the
Highland Village Tract in fee and has the right to convey the same. and except as to matters of
title set forth on Schedule A (the "Permitted Exceptions"), such real property is free from all
encumbrances and that each Grantor will warrant and defend the title to its respective lot or
parcel of the Property against the claims of all persons whosoever.
The covenants agreed hereto and the conditions imposed herein shall be binding as
appropriate upon Grantor in its capacity as property owner and DHIC in its capacity as property
owner and Developer and their respective agents, successors and assigns and all other
successors to Grantor and Developer in interest and shall continue as a servitude running in
perpetuity with the above described land.
IN WITNESS WHEREOF, DHIC as Developer and Grantor and Highland Village
Partnership as "Grantor" have caused this instrument to be signed in their respective names by
their respective duly authorized officers and general partner and their respective seal to be
hereunto affixed by authority duly given as of the day and year first above written.
[SIGNATURE PAGES AND ACKNOWLEDGEMENTS ATTACHED)
1934?9v3
?j -
Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc., Grantor and Developer
Highland Village Limited Partnership, Grantor
Highland Seniors Limited Partnership et al
Additional Benefited Owners
Town of Cary, Grantee
GRANTOR and DEVELOPER:
DHIC, INC., a North Carolina non-profit corporation
By:
Greg ry F. Warr n, President
(' 1\1tA9AUgAnp,
ATf EST:
Secretary 6
SHAL .c
(Affix Corporate Seal)-r, NORTH CAROLINA
WAKE COUNTY
A ?. 7ix'rCr a Notary Public for the State and County aforesaid do
hereby certify that n "n?1 rr? 114 rn _k.? personally appeared before me this day and
acknowledge that _Lhe is the Secretary of DHIC, Inc. and that the aforesaid instrument was
signed in its corporate name by its President and the corporate seal duly affixed hereto all by
authority duly given.
Witness my hand and official seal this day of December, 2004.
Notary Public
My Commission Expires: J X00
193429vz
193419.3
Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc., Grantor and Developer
Highland Village Limited Partnership. Grantor
Highland Seniors Limited Partnership et at
Additional Benefited Owners
Town of Cary, Grantee
GRANTOR and ADDITIONAL BENEFITED
PROPERTY OWNER:
HIGHLAND VILLAGE LIMITED PARTNERSHIP, a North
Carolina Limited Partnership (SEAL)
By: Highland Village Development, Inc., a North Carolina
corporation and its general partner (SEAL)
By.
Gre ory F. W en, President
R
Atteft:
'? Sect-Eta`; ?r
(„ -fix Garporate Seal)
NORTH CAROLINA
WAKE COUNTY
I, l='r 1 ?? , a Notary Public for the State and County aforesaid do
hereby certify that Win. ?n.ar?. r personally appeared before me this day and
acknowledge that the is the T Secretary of Highland Village Development
Corporation which is the General Partner of HIGHLAND VILLAGE LIMITED PARTNERHSIP
(the "Limited Partnership") and that the aforesaid instrument was signed on its in its corporate
name in its capacity as General Partner of the Limited Partnership by its President and the
corporate seal duly affixed hereto all by authority duly given.
Witness my hand and official seal this,:AOjtday of December, 2004.
l Notary Public
My Commission Expires:
i
193429v3 9
ti;J Vlv
Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc., Grantor and Developer
Highland Village Limited Partnership, Grantor
Highland Seniors Limited Partnership et al
Additional Benefited Owners
Town of Cary, Grantee
[AFFiX CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
MITIONAL BENEFITED PROPERTY OWNER:
HIGHLAND SENIORS LIMITED PARTNERSHIP,
a North Carolina limited partnership (SEAL)
By: HIGHLAND SENIORS DEVELOPMENT, INC., a
North Carolina corporation, its managing general
partner
By: 41kok-cffwu
Name; Natalie Connell
Title: Vice President
I. P?(-4-e,r , a Notary Public for the State and County
aforesaid, certify that Natalie Connell personally appeared before me this day and
acknowledged that she is Vice President of HIGHLAND SENIORS DEVELOPMENT, INC., a
North Carolina corporation (the "Corporation") and managing general partner of HIGHLAND
SENIORS LIMITED PARTNERSHIP, a North Carolina limited partnership (the "Partnership")
and that by authority duly given and as the act of the Corporation in its capacity as general
partner of the Partnership, the foregoing instrument was signed in its name by her as its Vice
President and sealed with its corporate seal.
Witness my hand and official seal this ,26 I day of & em ,--t , 2004.
Notary Public
My commission expires: ??? AooLp
193429v3 9

Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc., Grantor and Developer
Highland Village Limited Partnership. Grantor
Highland Seniors Limited Partnership et al
Additional Benefited Owners
Town of Cary, Grantee
Additional Benefited Property Owner:
HIGHLAND MANOR APARTMENTS, INC.,
a North Carolina non-profit corporation

CC -Y
- - = : Name: Drew Robinson
?` r.. Title: Vice President
[AFFIX 'CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, 2? F_j I (3_ -6 L-- 4 , a Notary Public for the State and County
aforesaid, certify that Drew Robinson personally appeared before me this day and
acknowledged that he is Vice President of HIGHLAND MANOR APARTMENTS INC. a North
Carolina non-profit corporation (the "Corporation") and that by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by him as its Vice
President and sealed with its corporate seal.
Witness my hand and official seal this,d day of I a 2004.
Notary Public
My commission expires: d L)- ? J aOv ?
193A2Qv3 10
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ATTACHMENT ONE
OPERATIONS & MAINTENANCE MANUAL
STORMWATER CONTROL STRUCTURE
AND
BIO-RETENTION AREA(S)
Responsible Party: DHIC, INC_
Address: 113 South Wilmington Street, Raleigh, NC.
Phone Number: [phone]
Prepared by: Hugh J. Gilleece, IIII and Associates
Date:
Project: HIGHLAND VILLAGE PLANNED COMMUNITY
Date Constructed: November 2003
Location: High House Rd., Cary, North Carolina
Receiving Water Course: Swift Creek (Neuse River Basin)
Contractor(s): (Listed below):
Landscape Contractor Custis Nursery, Inc.
Grading Contractor Mammouth Grading
OPERATIONS AND MAINTENANCE MANUAL
HIGHLAND VILLAGE STORMWATER 1310-RETENTION AREA
This manual establishes procedures for maintenance and operation of the Highland
Village Bio-retention area (s) in accordance with the Town of Cary guidelines as set
forth in the LDO Section 4.4.6
MAINTENANCE OF 910-RETENTION AREAS
Vegetation- The drainage areas have a ground cover of warm season grasses or
fescue, which if properly maintained will prevent erosion of the embankment and
provide an easy surface for inspection. The grass will be most difficult to obtain in the
area subject to water lovel fluctuation. Grass should be fertilized every October and
April.
a
i
Re-Seeding- Periodic re-seeding may be required to establish grass on areas where
seed did not take or have been destroyed. Before seeding, fertilizer (12-12-12) should
be applied at a minimum rate of 12 to 15 pounds per 1,000 SF. The seed should be
evenly sown at a rate of three pounds per 1,000 SF. The seed should be covered with
soil to the depth of approximately %". Immediately following the planting, the area
should be mulched with straw.
Trees and Shrubs-Trees, shrubs and other landscape vegetation should be permitted
only as shown on the approved planting plan. The vegetation should be kept healthy
and vibrant. If a tree or shrub dies it should be removed and replaced with another tree
or shrub from the same species (see attached maintenance schedule).
Mowing-Grass mowing, brush cutting and removal of weed vegetation will be
necessary for the proper maintenance of the areas. All area slopes and vegetation
should be mowed when the grass exceeds 8" in height. Acceptable methods include
the use of weed whips or power brush cutters and mowers.
Erosion--Erosion occurs, when the water concentrates causing failure of the vegetation
or when vegetation dies and sets up the environment for rill erosion and eventually
gullies from the stormwater runoff. The areas should be inspected. Proper care of
vegetative areas that develop erosion is required to prevent more serious damage to
the site. Rills and gullies should be filled with suitable soil compacted and then seeded.
Methods described earlier on vegetation should be used to properly establish the grass
surface. Where eroded areas are detected, the cause of the erosion should be
addressed to prevent a continued maintenance problem. Frequently, problems result
from the concentration of runoff to one point of the bio-retention area instead of a
uniform distribution of runoff. This can be corrected by reshaping, to more evenly
distribute the runoff to areas not experiencing erosion problems.
Rodent Control-Generally in this urban environment, rodents are not a problem.
Rodents such as groundhogs, muskrats and moles are attracted to moist, wet areas
and can be. quite dangerous to structural integrity and proper performance of the
earthwork and drainage. Groundhogs and muskrats thrive on burrowing into the
manmade earthwork, which become pathways for seepage. In the event that burrows
are detected within the bio-retention area, the rodents should be dealt with by removal.
Trash and Debris--Trash acts as a barrier to stormwater infiltration and attracts
unwanted pests. The bio-retention area should be kept clear of debris such as loose
bottles, cans, food containers and other forms of rubbish. The area should be cleared
of debris as needed, but no less than twice a year.
MAINTENANCE OF SPILLWAYS AND CONTROL STRUCTURE
Inspection of Conduits--Conduits should be inspected thoroughly once a year. Conduits
should be visually inspected at the joints. Pipes should be inspected for proper
alignment (sagging), elongation and displacement at joints, cracks, leaks, surface wear,
loss of protective coating, corrosion and blocking. Problems with conduits most often
occur at joints and special attention should be given to them during inspection. Joints
should be checked for gaps caused by elongation or settlement and loss of joint filler
material. Open joints can permit erosion of the earthwork and possibly the piping of soil
material through the joints. A depression in the soil surface over the pipe may be signs
that soil is being removed from around the pipe.
2
f
OPERATION
Drainpipes--Drainpipes should always be operable so that the water can be drawn down
in the event of severe rain or for repairs or maintenance.
Record Keeping-Operation of bio-retention area should include recording of the
following:
Annual Inspection Reports-A collection of written inspection reports should be
kept on record in Section IV of this manual. Inspection should be conducted
annually. Copies should be provided to the Stormwater Management Section of
the Town of Cary Engineering Department.
Observations-All observations should be recorded. Where periodic inspections
are performed following significant rainfall, these inspections should be logged
into the Periodic Inspection, Operations and Maintenance Form in Section IV of
this manual.
Maintenance--Written records of maintenance and/or repairs should be recorded
on the Periodic Inspection, Operation and Maintenance Form in Section IV of this
manual.
Other Operational Procedures-The owner should maintain a complete and up-to-date
set of plans (as-built drawings) and all changes made to the bio-retention area overtime
should be recorded on the as-builts.
Sedimentation and Dredging—Sedimentation from on-site and off-site soils will
eventually result in the clogging of drainage conduits and will have to be removed. The
frequency of this sediment removal can be reduced by ensuring that the site areas
around the building be stabilized with a vegetative ground cover such that it restrains
erosion. This would include a periodic application of fertilizer and/or other treatment
necessary to promote a stable ground cover and minimize sedimentation to the pond.
Tha removed material should be hauled offsite to a suitable landfill site or mounded
somewhere on site and stabilized with a ground cover sufficient io restrain erosion.
Example Maintenance Schedule for Bio-retention Areas
Description Method Frequency Time of year
SOIL
Inspect and repair erosion Visual Monthly All ear
ORGANIC LAYER
Remulch an void area 8 hand As needed As needed
Remove previous mulch
layer before applying new
layer (optional) By hand Once every
2-3 years Spring
An additional mulch added B hand Once aear Spring
PLANTS
Removal and replacement See planting Twice a ear As directed b
of all dead and diseased specifications landscaper
vegetation considered
bevond treatment I
Treat all diseased trees Mechanical N/A I Varies, dependent
and shrubs or by hand on insect or disease
infestation
Removal of cattails and By hand or As needed As needed
other invasive species through hand
application of
herbicide
Watering of plant material By hand Daily Immediately after
shall take place at the end completion of project
of each day for fourteen
consecutive days and after
planting is completed
Replacement of support By hand Once a year ly remove stake
7
'
stakes in
the
spring
Replace any deficient By hand As needed As needed
stakes or wires
Detail of Planting Guide for each Bio-Retention Basin
SCHEDULE A
Permitted Title Exceptions
1) Lien of ad valorem taxes for the year 2005 and subsequent years not yet due and payable (both
Lots):
2) Deed of Trust for the benefit of Central Carolina Bank and Trust Company recorded in the Office of
the Wake County Register of Deeds ("County Registry") in Book 9370, Page 2186 (both Lots);
3) Purchase Money Deed of Trust to Kathleen Pepi Southern, Trustee for DHIC. Inc. and recorded in
the County Registry in Book 10555, Page 172, Wake County Registry (Lot 5);
4) Deed of Trust to E. Richard Jones, Jr.. Trustee for County of Wake in the original principal amount
of $260,000 and recorded in the County Registry in Book 9794, Page 1603 (Lot 5):
5) Deed of Trust to Kathleen Pepi Southern Trustee for the benefit of DHIC, Inc. securing the original
principal amount of $300,000 and to be duly recorded in the Wake County Registry (Lot 5):
6) Deed of Trust le A. Robert Kucab. Trustee for the benefit of NCHFA securing the Tax Credit Loan
(as defined in Recital D of this deed of trust) in the original principal amount of $384,911 and to be
duly recorded in the County Registry (Lot 5):
7) Deed of Trust to A. Robert Kucab, Trustee for the benefit of NCHFA in the original principal amount
of $750.000 and to be duly recorded in the County Registry (Lot 5);
8) Construction Loan Deed of Trust to be duly recorded in the County Registry during the Construction
Phase from Grantor Highland Village Limited Partnership to a designated trustee for the benefit of a
commercial lender in the approximate original principal amount of $1,670,000 and a deed of trust in
replacement to be duly recorded in the County Registry during the Permanent Phase (as defined in
the Note secured hereby) from Borrower to a designated trustee for the benefit of a commercial
lender in the approximate original principal amount of $725,000 (Lot 5);
9) Matters shown on plat recorded in the County Registry in Book of Maps 2002, Page 2030 and
"Easement Plat" as defined in the instrument to which this Schedule A is attached (all Lots; subject
easements shown on Lots 1 and 5);
10) Declaration of Covenants, Conditions and Restrictions for Highland Village Planned Community
recorded in the County Registry in Book 10949, Page 1223 (the "Declaration") together with 'First
Amendment' thereto recorded in the County Registry in Book 10975, Page 685 and any other duly
recorded amendments and/or "Supplemental Declarations" thereto (applies to all Lots);
11) Easements to Carolina Power and Light Company recorded in the County Registry in Book 2792,
Page 3; Book 2190, Page 416, Book 985, Page 315 (all Lots);
12) Easement to the Town of Cary (for sewer and water) recorded in the County Registry in Book 1980,
Page 129 (see also Book of Maps 1970 Page 361);
13) Easement to Bellsouth Telecommunications, Inc. recorded in the County Registry in Book 10763,
Page 2191 (Lot 5);
14) Easement to Progress Energy Carolinas, Inc. recorded in the County Registry in Book 10763, Page
2191 (Lot 5);
193429v3 13
OPERATIONS & MAINTENANCE MANUAL
Project: Highland Village
STORMWATER CONTROL STRUCTURE
BIO-RETENTION AREA
Cary, NC
Responsible Party: DHIC, Inc.
Address: 113 S. Wilmington St., Raleigh NC 27601
Phone Number: [phone]
Prepared by: Hugh J. Gilleece, III and Associates
Date:
Project: Highland Village
Date Constructed: November 2003
Location: High House Rd., Cary, NC
Receiving Water Course: Swift Creek (Neuse River basin)
Contractor: (List below)
Landscape Contractor Custis Nursery, Inc.
Grading Contractor Mammouth Grading
OPERATIONS AND MAINTENANCE MANUAL
HIGHLAND VILLAGE STORMWATER BIO-RETENTION AREA
This manual establishes procedures for maintenance and operation' of the Highland
Village Bio-retention area (s) in accordance with the Town of Cary guidelines as set
forth in the LDO Section 4.4.6
MAINTENANCE OF BIO-RETENTION AREAS
Vegetation-The drainage areas have a ground cover of warm season grasses or
fescue, which if properly maintained will prevent erosion of the embankment and
provide an easy surface for inspection. The grass will be most difficult to obtain in the
area subject to water level fluctuation. Grass should be fertilized every October and
April.
Re-Seeding-Periodic re-seeding may be required to establish grass on areas where
seed did not take or have been destroyed. Before seeding, fertilizer (12-12-12) should
be applied at a minimum rate of 12 to 15 pounds per 1,000 SF. The seed should be
evenly sown at a rate of three pounds per 1,000 SF. The seed should be covered with
soil to the depth of approximately '/4". Immediately following the planting, the area
should be mulched with straw.
Trees and Shrubs-Trees, shrubs and other landscape vegetation should be permitted
only as shown on the approved planting plan. The vegetation should be kept healthy
and vibrant. If a tree or shrub dies it should be removed and replaced with another tree
or shrub from the same species (see attached maintenance schedule).
Mowing-Grass mowing, brush cutting and removal of weed vegetation will be
/?I „t'
necessary for the proper maintenance GF i ta ih„ s ac^aS. All area slopes and Vegettl,q(iCiri
should be mowed when the grass exceeds 8" in height. Acceptable methods include
the use of weed whips or power brush cutters and mowers.
Erosion-Erosion occurs when the water concentrates causing failure of the vegetation
or when vegetation dies and sets up the environment for rill erosion and eventually
gullies from the stormwater runoff. The areas should be inspected. Proper care of
vegetative areas that develop erosion is required to prevent more serious damage to
the site. Rills and gullies should be filled with suitable soil compacted and then seeded.
Methods described earlier on vegetation should be used to properly establish the grass
surface. Where eroded areas are detected, the cause of the erosion should be
addressed to prevent a continued maintenance problem. Frequently, problems result
from the concentration of runoff to one point of the bio-retention area instead of a
uniform distribution of runoff. This can be corrected by reshaping, to more evenly
distribute the runoff to areas not experiencing erosion problems.
Rodent Control-Generally in this urban environment, rodents are not a problem.
Rodents such as groundhogs, muskrats and moles are attracted to moist, wet areas
and can be quite dangerous to structural integrity and proper performance of the
earthwork and drainage. Groundhogs and muskrats thrive on burrowing into the
manmade earthwork, which become pathways for seepage. In the event that burrows
are detected within the bio-retention area, the rodents should be dealt with by removal.
Trash and Debris--Trash acts as a barrier to stormwater infiltration and . attracts
unwanted pests. The bio-retention area should be kept clear of debris such as loose
bottles, cans, food containers and other forms of rubbish. The area should be cleared
of debris as needed, but no less than twice a year.
MAINTENANCE OF SPILLWAYS AND CONTROL STRUCTURE
Inspection of Conduits--Conduits should be inspected thoroughly once a year. Conduits
should be visually inspected at the joints. Pipes should be inspected for proper
alignment (sagging), elongation and displacement at joints, cracks, leaks, surface wear,
loss of protective coating, corrosion and blocking. Problems with conduits most often
occur at joints and special attention should be given to them during inspection. Joints
should be checked -for gaps caused by elongation or settlement and loss of joint filler

material. Open joints can permit erosion of the earthwork and possibly the piping of soil
material through the joints. A depression in the soil surface over the pipe may be signs
that soil is being removed from around the pipe.
OPERATION
Drainpipes--Drainpipes should always be operable so that the water can be drawn down
in the event of severe rain or for repairs or maintenance.
Record Keeping-Operation of bio-retention area should include recording of the
following:
Annual Inspection Reports--A collection of written inspection reports should be
kept on record in Section IV of this manual. Inspection should be conducted
annually. Copies should be provided to the Town of Carr Stormwater
Management Section of the Engineering Department.
Observations--All observations should be recorded. Where periodic inspections
are performed following significant rainfall, these inspections should be logged
into the Periodic Inspection, Operations and Maintenance Form in Section IV of
this manual.
Maintenance--Written records of maintenance and/or repairs should be recorded
on the Periodic Inspection, Operation and Maintenance Form in Section IV of this
manual.
Other Operational Procedures--The owner should maintain a complete and up-to-date
set of plans (as-built drawings) and all changes made to the bio-retention area over time
should be recorded on the as-builts.
Sedimentation and Dredging--Sedimentation from on-site and off-site soils will
eventually result in the clogging of drainage conduits and will have to be removed. The
frequency of this sediment removal can be reduced by ensuring that the site areas
around the building be stabilized with a vegetative ground cover such that it restrains
erosion. This would include a periodic application of fertilizer and/or other treatment
necessary to promote a stable ground cover and minimize sedimentation to the pond.
The removed material should be hauled offsite to a suitable landfill site or mounded
somewhere on site and stabilized with a ground cover sufficient to restrain erosion.
Example Maintenance Schedule for Bio-retention Areas
Description Method Frequenc Time of year
SOIL
Inspect and repair erosion Visual Monthly All year
ORGANIC LAYER
Remulch an void area B hand As needed As needed
Remove previous mulch
layer before applying new
layer (optional) By hand Once every
2-3 years Spring
An additional mulch added B hand Once a ye r Spring
PLANTS
Removal and replacement See planting Twice a year As directed by
of all dead and diseased specifications landscaper
vegetation considered
beyond treatment
Treat all diseased trees Mechanical N/A Varies, dependent
and shrubs or by hand on insect or disease
infestation
Removal of cattails and By hand or As needed As needed
other invasive species through hand
application of
herbicide
Watering of plant material By hand Daily Immediately after
shall take place at the end completion of project
of each day for fourteen
consecutive days and after
planting is completed
Replacement of support By hand Once a year Only remove stake
stakes in the spring
Replace any deficient By hand As needed As needed
stakes or wires
Detail of Planting Guide for each Bio-Retention Basin
C:lword Filesl5400.1510&M Bio-Retention Area.doc
STORMWATER CONTOL STRUCTURE
BIO-RETENTION MAINTENANCE AGREEMENT
PROJECT: Highland Village
RESPONSIBLE PARTY: DHIC, Inc. PHONE #: [phone]
ADDRESS: 113 S. Wilmington St.
Raleigh NC 27601
Monthly or after every runoff producing rainfall, whichever comes first:
a. Remove debris from bio-retention area.
b. Inspect for ponding, washed-out areas, and soil conditions.
c. Check for eroded areas of bio-retention area and repair before next rainfall.
d. Check vegetation conditions within the bio-retention area and replace if necessary any damaged
plant materials.
II. Quarterly
a. Inspect the collection system (i.e., catch basin, piping, 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. Repair if necessary.
c. Repair any broken pipes.
d. Remulch any void areas by hand whenever needed.
e. Replace rip rap at out let pipe that is choked with sediment.
III. Semi-Annually
a. Reseed grass swale or border twice yearly.
b. Apply new mulch twice yearly.
IV. General
a. All components of bio-retention area to be kept in working order.
b. This property and bio-retention area is also subject to the Operations and Maintenance Manual filed
in relation to this project.
c. In case the ownership of the Impoundment Transfers, the current owner shall, within thirty (30) days
of transfer of ownership, notify the Town of Cary Engineering Department, Stormwater
Management Division of such ownership transfer.
I, IrDi- e tt/ Po bin,S©?1 , hereby acknowledge that I am the financially responsible party for
maintenance of this impoundment. I will perform the maintenance as outlined above, as part of the Certificate
of Compliance with Stormwa r Regulations received for this project.
Signature: dsz Date: 7-,L&10
I,c?hG I J ?• ????'? , a Notary Public for the State of ?Of-Ah A n County of (e )??- ,
do hereby certify that IA-e- 0 Fohi n gam, personally appeared before me this Co 4h day of
-em V >.2,c , 2004 and acknowledge due execution of the foregoing instrument. Witness my
hand and official seal,
Seal - My commission expires: 'q ' 31-A60t2
ckc
Maintenance Agreement CAWord Files\5400.15\Maintenance.doc
TERRATECH
E N G I H E E R S- I N C
November 3, 2005
DHIC
Y.O. Box 2185
Raleigh, NC 27602
ATTENTION: Nis. Natalie Connell
Report of Soils Evaluation
Highland Village Site
Cary, North Carolina
Our Project Number 121-02-22421
Ladies and Gentlemen:
?crol? icnIe;npnaer:ny

NOV i 0 Ct?c - T,
BY: col
TerraTech Engineers, Inc. has been requested to determine the subsurface conditioins in the
southwestern and northern portion of the site near sediment basins 1 and 2. We have set 2 pieziomcters
(one at each basin) to monitor the ground water elevations in these areas. No ground water was present
to a depth of 5 feet and 13 feet below the ground surface in monitoring wells 1 and 2 respectively, at
the time of drilling or after 24 and 48 hours. The soils present in the area of the two planned sediment
ponds are micaceous sandy silts. Based on our experience, we estimate that these soils would have a
permeability coefficient of approximately 1x10'5cm/sec.
If you have any questions concerning this information, or if we can be of additional service, please call.
``???µunrrrrlr/
Sing
f' FES$/0 ?,'•: 9
TyrraEngDn Ini
? SEAS ;z-? ?
-
J.? GicIPl3 Erwin T. Williams III, P.E.
Z
SenDbr•,C?eEte p1 ? gineer Principal Geotechnical Engineer
0III Ito
J 1 T/dp
cc: Mr. Peyton Joyner (Gillecce and Associates)
'rerraTech Engineers, Inc.
3900 Tarlleel Drive, Suite 106
Raleigh, North Carolina 27609
[phone]

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