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HomeMy WebLinkAbout20001164 Ver 1_COMPLETE FILE_20000911OF VV nI4?9 ivucnaei r. rastey, uovernor C} William G. Ross Jr., Secretary G ?O North Carolina Depar tment of Environment and Natural Resodrees y r j y Gregory J. Thorpe, Ph.D. p .r Acting Director Division of Water Quality August 13, 2001 New Hanover County DWQ Project # 001164 COE# 199900544 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS WBF, Inc. Post Office Box 4517 Wilmington, NC 28406 Dear Sirs: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.46 acres of wetlands for the purpose of Megan Wood subdivision at Masonboro Loop Road as described in your revised application dated July 10, 2001, After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3289 and 3287. These certifications allow you to use Nationwide Permit Numbers 14 and 39 when the Corps of Engineers issues them. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. Stormwater management shall be done in accordance with DWQ's coastal stormwater regulations. 3. DWQ shall be copied on the conservation easement or similar mechanism which will assure that the wetlands on lots 7 and 8 are not impacted. 4. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Joanne Steenhuis at our Wilmington Regional Office at 910-395-3900. Attachment cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office File copy Central Files Todd St. John Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 06EM Customer Service 1 800 623-7748 O?O? VV AT ?RpG O < Michael F. Easley Governor William G. Ross,Jr.Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources . Wetlands/401 Unit Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: General 919-733-1786 Fax: 919-733-6893 Fax To.lanV1 e 54e ?, ? ,,s Fax Number: Company: Date: 7jl?? From: No. Of Pages including cover sheet: Notes or special instructions: At1A Phone: NCDERR Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 MEMORANDUM TO: John Dorney Regional Contact: ,f_ Steenhuis Non-Discharge Branch WQ Supervisor: Ric. Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name WBF, Inc Project Number 00 1164 Recvd From APP Received Date 9/11/00 Project Type subdivision Recvd By Region County New Hanover County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 39 ?- O YO N ? 18-87-28 SA ? 30,624. 0.50 I ?- F- o Y O lv F--'_F- ???F- F- f -? r Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This _certification is for the road crossing 8577 sq. ft. (.197 ac) only re, mainino wetlands on the site should be placed in an easement or deed restrictions. Otherwise all impacts should be dealth with up front for exam, lots #6, #7, #8 may require additional fill in wetlands in order to build and lot #32 would requore additional wetland impacts to access the lot. M. Regional Office Central Office Page Number 1 O?O? W A T FRpG Zq O `C Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 14, 2001 New Hanover County DWQ Project No. 00-1164 WBF, Inc. c.o. David Syster P.O. Box 4517 Wilmington, NC, 28406 Dear Mr. Syster: On May 18, 2001, the NC Division of Water Quality (DWQ) received your revised application materials for a 401 Water Quality Certification to impact 0.18 acre of wetlands in order to construct the Megan Wood Subdivision in Brunswick County. You have modified your original request to impact 0.50 acres of wetlands under Nationwide Permits 14 and 39 to include roadway and lot fills to be associated with this project. Currently, your proposal includes only 0.18 acres of wetland impacts under Nationwide 14 to cover the roadway crossing only. Your revised site plan still shows wetlands on Lots 1, 6, 7, 8, 31, 32 and 33. In accordance with 15A NCAC 2H .0506, a thorough inspection of the site has been conducted by Ms. Joanne Steenhuis of the DWQ Wilmington Regional Office. Ms. Steenhuis recommends issuance of the certification provided that the wetlands on these lots are 1) placed in a Conservation Easement or Deed Restriction, or 2) addressed in this application, as originally proposed. To date, no evidence has been provided that the wetland impacts within the lots will be avoided or minimized. Please advise if you are prepared to place the wetlands in question under the protective covenants proposed or whether you choose to address these impacts in your current application. Please note that unless modifications of the proposal are made, or compelling evidence is provided to demonstrate the avoidance and minimization of wetland impacts, we will move toward denial of the 401 Certification as required in 15A NCAC 2H .0507(e). Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H.0507(h)). Thank you for your attention. If you have any questions, please contact Joanne Steenhuis at (910) 395-3900 or Cyndi Karoly at (919) 733-9721. Sincerely, Jo n Dorney cc: Corps of Engineers Wilmington Field Office Joanne Steenhuis, Wilmington DWQ Regional Office File Copy Central Files David Syster, 3973 B Market Street, Wilmington, NC, 28403 001164 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) n- 170 4100 ,.. L.......\ nl, 100 COn1 /$-% LH... ll1.l.. .._._..b.... .... .... L........H.....J../ Projcct W IW 4001104 Subject: Project WBF #001164 Date: Sat, 21 Jul 2001 12:00:00 -0400 From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Todd St John <Todd.St.John@ncmail.net> Cyndi/Todd I do not have an issue with the project as revised in the letter to you dated July 10, 2001. But I am concerned that no water will get to the wetlands on the two lots in the conservation area and may in the future dry them up. I have also commented in FMP. Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> c -- I of 1 7/23/01 3:17 PM file:///Untitlei Joanne, I have just faxed to you (7/18/01 @ 4:10 pm) a letter with revised info on this project from Mitchell and Associates. They claim in their letter that you have agreed to their modifications. Please read over this (assuming the fax goes through), and let me know if you concur. If so, do you want to go ahead and issue the 401 or do you want me to prepare one? Or another on-hold letter, for that matter, as this project has been around a few times, Thanks for your time. I of 1 7/18/014:13 PM Hey john: On August 6, 2001, I talked with Joanne, David Syster, and reviewed the July 10, 2001 correspondence that depicts (lots formally known as 7 and 8) as conservation area. As proposed 0.46 ac of wetlands are to be impacted by roads and lot fill and 0.22 acres of wetlands will be placed in a conservation easement on site. Further, the site plans also indicate stormwater ponds (as per local or coastal stormwater requirements). is to issue. WBF Project # 001164 Subject: WBF Project # 001164 Date: Mon, 06 Aug 2001 15:26:45 -0400 From: Joanne Steenhuis <Joanne. Steenhuis @ ncmai Lnet> To: Danny Smith <Danny.Smith@ncmaiLnet> Danny, Go ahead and issue this one. I'm thinking that the smaller wetlands will be impacted anyway. Joanne Steenhuis <Joanne. Steenh ui s @ ncmai Lnet> 8/6/01 3:43 PA Mitchell and Associates, Inc. ENVIRONMENTAL CONSULTANTS 3973 B Market Street • Wilmington, N.C.28403 • 910.154.0602 • Fax: 910.264.0603 dsysterL@intchell-associates.org July 10, 2001 Ms. Cyndi Karoly Wetlands Unit 2321 Crabtree Boulevard Raleigh, NC 27604 - 2260 DWQ Project No: 001164 cQ ??I 3?? ? ?ec. U Dear Ms. Karoly: This letter is in reference to Megan Woods subdivision located adjacent to Masonboro Loop Road, Wilmington, New Hanover County, North Carolina. Please reference the application for a 401 Water Quality Certification dated September 11, 2000. My client wishes to modify the present permit application. This modification will include impacts to lots 6, 31, 32, and 33 while placing in a perpetual conservation easement, the remaining area of lots 7 and 8 as compensatory mitigation. The cumulative impacts to the site will total 0.46 acres (20,055 sq ft) while the mitigation through conservation will include a 0.37 acre (16,021 sq ft) site of which 0.22 acres (9,736 sq ft) will be remaining wetlands. Joanne Steenhuis has commented on these modifications and has agreed to them. I have enclosed a site plan with the modifications shown as well as a section of the covenants of another subdivision which outline the conservation restrictions as we propose to do at Megan Woods. I thank you for your prompt attention to this matter. Please feel free to contact me if you should have any questions. Sincerely, (1-?J?4 ?or David A. Syster President 'E 0. 1- SSMH NO. 2A l'f f 5E (TYPI L ALL_ A ! it ?j II Q -15„ I(o1OZ1 W ETLA- JD Z Z n1 ccw, AgePr C.I. NU. 3 RIM 24.0 ku-1.1 HYDRANT t M H L.Y 8x2 TEI. 3 Z S 8" GATE VALVE ' 2" GATE VXLVE I ? I??II N!T ? JI III ` 1 73 I I COAS 61 1,41W I dill % 1o Dsf ! I orrl, = 21,19 ion a' -Sbv T pp I / V. 1 }„ Q I tilt 0 I tn:. --S[?IME-? TOP C.I. I N0. 2 RIM 24.0 II V. 21.4 31 I! Z /A " WAT7Ql Kd -TCr ,S CRAG= .Z = ?O _I 1_I hd - U r_-, - 0 1 V1 '-d : P_i L, 0 PI 1 F I L C: U . . 1 N C: . l .' S'l A7E OF NC'R*I'!-I CAR0i-,NA C0lt,NTY OF NEbv HANOVER ;I, Irary AMENDMENT 'l0 DI=CLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF UREWS'FE_R PLACE P . 0 2 THIS AMP DMENT TO DECLARATION, made and enlererd into this day of ,ca.-_ , 20OJ, by SATURN DEVELOPMENT CO-1N1-1- a North Carolina Curl ratipn, hCroinaftor refenod Was "DcOarL'.n," or "Developer"; WITr4FSSFTH. Tltc Declrlrint hcrc,hy a 'tc,,nds Article; VI 1, of the Deci1?i ra;ion fur ltrr_twster 'lace re -,c rc!ed n ?3c:uk 2151, "- <,i r ')1(;(0j, 'vcvj H:,) lover County R Ad Shy (thG "Dc ? I:;tr?ttlon"'; Ly acidify lre t?llu??in? SL;(CTION 8. Conservation Breas In deve uhing the Subu vlr,ion, the Dccla aw I'as a(jrenc' vvitli the Deparlntent of the Artily, Corms of 1. nr-inews, pursuant to an agreement lu resoivc? a via alion of Ulu Clew) Water Act, to rests icl and prohibit ar'y futur° fill:r rq or atlte'. delr:n'enlal octivities in [lie (::)nservatior Arcas whicl' lit eso;ltly exist in the subdivisi_:-i. Accci4tiyiy, all COllservaboo Areas show:i anc Jolineatod an thu stlbdly siu i I:1,m (need to incloje, recorded Uook end slat description) shall Le left in their natwFil st:lte ado buildiftys or s'te ilnlwovements stall ho l?enitiL'ed withir: the Cot:e,volion Ares` s, huwcver, ;.tiers, v?ralkw?lys and outer streicl,r?s ?rected on I:Imys nre permitted ,orc;vicedll the pilings do ncl resu,l in fill as defined by icuuiation or stat.ite, Proh t_lten s to Iivnrovr31no:its stla'I inc!ude denuding, cloaring, of trees, sooding, Cr altering the ext,t:!itd jyLd e of any Conservation Area. No till way be placed In any Conservation A;oa, nor dray any excaval:on be perforated ut any t.:cnservation Area. l hls Coverlwl( it; inte1ld?'d to it sure compliance with an enrurce ,_,nt action will, ma Do:,arlment c.l tiie Af ny and may be enforced by the Unitod 5to!es of America. N?i,viths:;?nt'nu) any other provisions OOntained lierein, this pc7rziyrahlt niay not he a,iiondGu, ciolelod, rov+sod without the written consent of I.h.u U,utec! la',es Ai-Illy, Corps or Engineers. Developer cUmtlrms that tiro D(-_claration ras hcrehy an-)cncl0d, rsh,111 rcrnain in full '01'ce and effect TAI? cnpitkii'zed terrt)s used herein shall have the rneaf,inc defined in the Declara'i&, IN MIT',ESS VVHER'-_-O(', Saturn Develo)ment Corm., t!ie De6aranl herein,,ias caused this instrumr rlt to ae hxcc;uted in its ccrpurnle nan•ie and is cor otatl2 sup l Gf.r xed by its du;i authorized officers as of 1ha day and year first above wri!ten, tf r ??• ° . Secretary h '??r ?wNN ?' •? f'Crfi?rZ'?• r ?'a rr 2ATE SEA'-) s•,,;frr,?,?lrrrr, SATURN DES EOPME T CORP, i' President r G? . ?w W :s1 0P1 I F I 8:: ,_lJ. , INC. 20H FL8 - 7 Al111: 19 i'?ECGf,t;' ?1 , is 4, •" 'I:"u RCGISTi:If U? !,t ?C!' STATE OF NORTt,--i CAROLINA COUNTY 01l' NEW I 'ANOVER -2- y;GOY? P/tGC 0275 F'. 0 I, a Nutary Public of the County and Su,;ito Vores4nld, certify that ?t_rc_.c??,? person lly came before me this day and acknowledged that .&I-le is thek fps. )[Y (-)f SATURN l1-,VL.LOPMENT CORP., a North Carc?;lna corporaticin, amj that l,y l llhorily duly - :rtn LIlid as tllo Gaut of th" curporatiun, the fcari;gr. ing illShL1rrUn' was sighed its numo by itc NtE Ssidcllt, scaled vrith its corpcarate seal and tttoslc?d by himself as its (?5,?ecretary WITNESS my hand snit: official stamp or soul, this q'? clay of January, 2000. My cummission expiros:_? (SEAL) s1r,ki'v OF NORTH CAROLINA New 11anuscr County `fie j'u,el?iny/ ArnicACJ Ccrl;fjc.ac(s) of ,:m.r'y ?a4.tawk'-) rublic is/ arc certliicd to be correct. ??JJ Chia J%0..L. day of ``fury 5ua Oots, Itrglster of De s b b a AA ?.r ? ? otary Puul c ? IJ or F"A W).LtTe ULE TO Ut'XIVON Of OitIOMAC VOCUMEfi f G.S.1G1-14 W 61? #001 164 chanced Subject: WBF #001164 changed Date: Sat, 21 Jul 2001 16:11:12 -0400 From: Joanne Steenhuis <Joanne.Steen huis@ncmail.net> To: Cyndi Karoly <Cyndi.Karol y@NCMail.Net>, Todd St John <Todd.St.John@ncmail.net> OK guys I have been mulling this over in my head and think that maybe they need to show avoidance of impacts in lots# 31 and 32. Why is there additional fill needed in lot #31, a crossing is all that is need in lot 432. How much fill is really necessary for lot #6 to be buildable. Then a pipe from these wetlands can go under the road to help keep the wetlands in Lots#7&8 viable. Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> i ASS I of l / e" A a) Y? 4N 0 ?J Ab e? V? , M"' 7/23/01 3:17 PM ?Wg1F Michael F. Easley ?0 9Q Governor - O G William G. Ross, Jr, Secretary j Department of Environment and Natural Resources p 'C Kerr T. Stevens Division of Water Quality 12001 DWQ Project # County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Dear Mr. The Division of Water Quality has reviewed your plans for the discharge of fill material into linear feet of streams and acres of wetlands located at in County for . Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project hold as incomplete theuntil we U.S. Army receive this additional information, we are requesting (by copy of this letter) that Corps of Engineers place your project on administrative hold. Please Vrovide us with information supporting your position that states your project must be constructed d planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you ? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H .0506(h). Your mitigation proposal is insufficient because Please respond within three weeks of the date of this letter by sending a copy of this information to me and one copy to Regional Office at . if we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please telephone at 919-733-1786 or at our Regional office at sincerely, - - - - - - - - - John R. Domey cc: DWQ Regional Office Field Office Corps of Engineers Central Files File Copy RUDMIR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Mitchell and Associates, Inc. ENVIRONMENTAL CONSULTANTS 113 West 3rd Street • Greenville, N.C. 27868 • 252.752.4077 • Fax: 252.752.7380 3973 B Market Street • Wilmington, N.C. 28403 • 910.264.0602 • Fax: 910.254.0603 mitchell@mitchell-associates.org May 17, 2001 Ms. Cyndi Karoly Wetlands Unit 2321 Crabtree Boulevard Raleigh, NC 27604 - 2260 Dear Ms. Karoly: DWQ Project No: 001164 This letter is in reference to Megan Wood subdivision located adjacent to Masonboro Loop Road, Wilmington, New Hanover County, North Carolina. Please reference the application for a 401 Water Quality Certification dated September 11, 2000. Since submitting the above application, my client has elected to reduce the proposed wetland impacts to those associated with the road crossing only. Thus reducing the wetland impacts from 0.50 acres to 0.18 acres. In addition the Army Corps of Engineers (ACOE) has determined that the permit, when issued, would be a Nationwide Permit No. 14. I have enclosed a site plan and modified permit application changing the permit from a NWP 39 to a NWP 14 and reducing the wetland impacts from 0.50 acres to 0.18 acres. I thank you in advance for your prompt attention to this matter. Please feel free to contact me if you should have any questions. Sincerely, David A. Syster President cc: Ms. Joanne Steenhuis, DWQ Wilmington Regional Office . 1 DEM ID: Corps Action ID: J?99 ?>a s y y Nationwide Permit Requested (Provide Nationwide Permit #): ! _ Pre-Construction Notification App?k For Nationwide Permits That Require: E, 1 1) Notification to the corps of Engineers. MAY 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Managemen WA WETLANDS G?UP UAL Ty SECTION Send the original and (1) Copy of this completed form to the appropriate field office of the orp of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the N.C. Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Box 4517 Subdivision Name: NIA City:Wilmington State:North Carolina Zip Code: 28406 Project Location Address, including Subdivision Name ( If different from Mailing Address): Meghan Woods, Masonboro Loop Road 3. Telephone Number:(Home). (Work) (910) 395-4006 4. If Applicable: Agent's name or' responsible corporate official, address, phone number: Mitchell & Associates Inc 3973-B Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale):County New Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent to Halcyon Forest to south. 6. Impacted or nearest stream/riv'er: Whiskey Creek River Basin: Cape Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters `(4RW) water supply (WS-I or WS-11)7 Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a.North Carolina Division of Coastal Management Area of Environmental Concern (AEC)7 Yes[ ] No[ X ] C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: +/-13.00 B. Estimated total number'of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.18 Excavation: N/A Flooding: N/A Oth'e'r: N/A Drainage: N/A Total acres to be impacted: 0.18 B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on irtormal high water contour) - FT Width after: _ FT Average Depth Before: - FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: Channel Excavation: Construction of a Dam/Flooding: Other Explain: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8 1/2" X 11" drawings only): Clean earthen fill will be used to fill wetland area Trackhoes; bulldozers, and dump trucks will be used. 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): wetland area is in footprint of roadway and this is the only practicable alternative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the' presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an, expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project., require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document tbeen reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ ] ?' If answer to 17b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map showing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. Attach a copy of the Stofm Water Management plan if required. E. What is land use of surrounding property? Single Family F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (In the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. S Owner's /Agent's Signat e i (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) Date MITC; IEJ & ASSOCIATES, INC. DAVID SCIBETTA 3973-8 MARKET STREET WILMINGTON, NORTH CAROLINA 28403 - r P,7 ' ,cu r,\ MS. CYNDI KAROLY WETLANDS UNIT 232 1 CRABTREE BOULEVARD RALEIGH, NORTH CAROLINA 27604-2260 ,r.»? r,. f',)Gh?k???`?c1?j I11!i!lltl!i?'ili?lllllii?lf ll?! ?I?flt3?if1!!?#!!l?i?i!?il?Iffi?l?lt?l?i!'t!i!? MEMORANDUM TO: John Dorney Regional Contact: J. Steenhuis Non-Discharge Branch WQ Supervisor: Bick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name WBF, Inc County New Hanover Project Number 00 1164 County2 Recvd From APP Region Wilmington Received Date 9/11/00 Recvd By Region Project Type subdivision Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME F 39 I O Y OO N F-- 18-87-28 SA F-30,624. 0.50 F__ F_ Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y Q N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? p Y O N Recommendation: Q Issue 0 Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This certification is for the road crossing 8577 sq. ft. (.197 ac) only remaining wetlands on the site should be placed in an easement or deed restrictions. Otherwise all impacts should be dealth with up front for example, lots #6, #7, #8 may require additional fill in wetlands in order to build and lot #32 would require additional wetland impacts to access the lot. dated signed 5-30-01 cc: Regional Office Central Office Page Number 1 z?1!? - T J v \ M m \ r - ? y I I ? 1 M Mnzx y0 $ . till z IN P1111, °41lit 5g.'4 L1 1 / y / - E JET r-3 ? a r= o I L s g a l : Qr a 4 ? 4 4 n ? T? ? ? ? to n ? ?S $ n n j ?? 0 a 9 It 0 Lt 7 J Q ?j! ?i I DEM ID: Corps Action ID: 1 Qq9 Ora 5 V V Nationwide Permit Requested (Provide Nationwide Permit #): I I _ Pre-Construction Notification Application For Nationwide Permits That Require: 1) Notification to the corps of Engineers. 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management vll' ?ipS Gi0 UP Send the original and (1) Copy of this completed form to the appropriate field 'Office of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the fifi.C.'Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Box 4517 Subdivision Name: WA City:Wilmington State:Norlh Carolina Zip Code: 28406 Project Location Address, incltiding Subdivision Name ( If different from Mailing Address): Meghan Woods, Masonboi 6 Loon Road 3. Telephone Number: (Home), ` (Work) (910) 395-4006 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mitchell & Associates Inc 3973-B Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale): CountyNew Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent to Halcyon Forest to south. 6. Impacted or nearest stream/river: Whiskey Creek River Basin: _Cape Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters'(ORW) water supply (WS-I or WS-II)? Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? Yes[ ] No[ X ] C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped Y 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: +/-13.00 B. Estimated total number of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.18 Excavation: N/A Flooding: N/A Other: N/A Drainage: N/A Total acres to be impacted:-$ B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on 46rmal high water contour) _ FT Width after: _ FT Average Depth Before: _ FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: x. Channel Excavation: Construction of a Dam/Flooding: Other Explain 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8 %Z" X 11" drawings only): Clean earthen fill will be used to fill 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): Wetland area is in footprint of roadway and this is the only practicable alterhative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National Marine Fisheries Service (NUTS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the, presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an. expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document been reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ ] + If answer to 17b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should-be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map showing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. Attach a copy of the Stoim Water Management plan if required. E. What is land use of surrounding property? Single Family F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (In the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. S ?. Owner's /Agent's Signat e (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) Date q9(?? aa?i?f f ? a` n rf?? _ by 9? /'n•J •mt a Aq s a fill' ? a 6 a? i A ? F o I S cE O ?,?? ? ? O n a8 9 d ? ? ? ? QG ? C7 a - S till Pi+? ? Uy S 6 ' rfV - \, set ?' w i 1! ??I ?? ? a k b? o? __ u n 0 W I \ 5 --? ?z s trlr?? ? t? S rl? lop, OjO 11.2 1l1 I J? ?o?ld ?i?PIM ?e¦?'"? "?''? pip \ \ p[p I qr NI zr f ? I, I Ito 8 d Ipip lip 14 LJ to r -?. , 1 I tN ?I? d R " I •? ? ? 1 IF it R ?'?' II _ 1 1? F ? 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J ? g N g N o a0 N 0 10 N 0 f0 N o O N g N o O N g O o N O _ n n P 00f p O1 100. N O O N v O) N N N N N N N N a ? f n n Y n O) <0 N N N Q ? J N to fn Y 10 10 IfJ cn {n v 10 r !n to h 1n Yi tp 1fi to h Q 0 W CL S 0 C Y) ' N O O N O M M M o o rn o on 'T a o 0 0 0 0 0 ? Z UI n C N n p N n t? N N cn N J to i+1 M M in I2 1n Z O O O O O O O O O O 0 0 0 0 0 o c o o c w CL (L N D tL Q 0? O h D) A fn !h Of 10 N O 10 en ? /n Y en V -J LL (? Y 'f N R 1h Oi < ? C' a G n n n n A n n n n n J ' d C ti ? n n is n o n is r LL = V ? n o n c n c n c n c v? c a o n o 1n c n o C ? O Q H O N N fn O Oci O N fV 10 P /p 1+ t0 n N7 Y d O Q O O O i1 A p M LM N o N _ _ -e -e -Ei it _ M? S Q M U N U ? U i! U ? e U R -e U ? t3 M U r # N Mt C] ? O Q N 0 1?0 M O c n c ri 0 Q N 6/9100 MEGAN WOODS 97045 CDC Stormwater Pond Routing 10-year Storm WATERSHED DATA BEFORE DEVELOPMENT WATERSHED AREA 13.00 ACRES HYDRAULIC LENGTH 1200 FT CHANGE IN HEIGHT 3 FT RUNOFF COEF.'C' 0.25 TIME OF CONCENTR 18.43 MIN INTENSITY 10 YR 6.30 IN/HR Qa = 20.48 CFS Qa = PRE-DEVELOPED PEAK DISCHARGE COMPUTE DEPTH OF RUNOFF P = 4.8 INCHES 10yr, 6hr PRECIPITATION C N = 74 S = (10001CN)-10 S = 3.51 Depth (D) = (P-0.28)^2/(P+0.88) D = 2.21 IN - 10yr, 6hr RUNOFF DEPTH SET VOLUME AND COMPUTE TIME TO PEAK Tp = [(43.5)(D)(Area)] / Qp Tp - 29.86 MINUTES Storage Volume Req'd = (Qp-Qa)•Tp'1.39.60 53,035 cu. ft. CALCULATE Ks AND b SET NORMAL ELEVATION AT = 20.50 feet WATERSHED AREA 13.00 ACRES HYDRAULIC LENGTH 1200 FT CHANGE IN HEIGHT 3 FT RUNOFF COEF.'C' 0.51 TIME OF CONCENTR 18.43 MIN INTENSITY 10 YR 6.30 IN/HR Qp = 41.77 CFS Qp = POST-DEVELOPED PEAK DISCHARGE ?\Y, CAR % a SEAL -y _ t, 17374 A ?Q? l?jF.....iv? cRe ECOF? 1 I I { 1111111\ 3 • ((• Ot S Z CONTOUR INCR ACCUM CONTOUR AREA VOL VOL STAGE In S In Z Z est (sq ft) (cu ft) (cu ft) (ft) (ft) 20.5 31,239 0 0 0 0 0 0 21.5 33,438 32,339 32,339 1.0 10.3840 0 1.01 22.5 35,695 34,567 66,905 2.0 11.1110 0.6931 1.98 23.5 38,008 36,852 103,757 3.0 11.5488 1.0986 2.97 24.5 38,508 38,758 142,515 4.0 11.8672 1.3863 3.99 25.5 43,252 41,380 183,895 5.0 12.1221 1.6094 5.06 26.5 21,626 206,521 6.0 12.2333 1.7918 5.61 27.5 - 205,521 7.0 12.2333 1.9459 5.61 28.5 - 205,521 8.0 12.2333 2.0794 5.61 Regression Output: am> Ks a 32038 b m 1.08 AFTER DEVELOPMENT X Coefficient 10.37 619/10 MEGAN WOODS 97045 CDC Stormwater Pond Routing 10-year Storm CHAINSAW METHOD FOR RISER BARREL ROUTING STORM DATA Qa = 20.48 cfs Qp = 41.77 cfs Tp = 29.9 min dT = 4 min BASIN DATA Ks = 32038 b = 1.OB Zo = 20.5 ft Normal water elev = 20.5 ft Peak Outflow = 18.38 cis Box Weir Length = 16 ft Peak Stage = 22.24 ft Cw = 3.0 Maximum Storage = 58,196 cu ft Zcr = 21.25 ft Control Holes: State Orifice: Dia = 2.75 In Dd = 36 in Inv = 20.5 ft Cd = 0.59 Weir: L = 0 in ZI = 20.5 ft Inv = 20.5 ft Time Inflow Storage Stage Outflow W Riser Barrel Orifice City Weir (min) (cfs) (cu ft) (ft) (cfs) (cfs) (cfs) (cfs) (cfs) 0 0.0 0 20.50 0 0 0 0 0.00 4 1.8 0 20.50 0 0.00 0 0 0.00 8 7.0 437 20.52 0.00 0.00 0.0 0.00 0.00 12 14.5 2110 20.58 0.01 0.00 0.2 0.01 0.00 16 23.2 5597 20.70 0.05 0.00 0.7 0.05 0.00 20 31.5 11159 20.88 0.10 0.00 1.8 0.10 0.00 24 37.9 18694 21.11 0.14 0.00 3.7 0.14 0.00 28 41.4 27763 21.38 2.31 2.14 6.5 0.17 0.00 32 41.2 37138 21.65 9.90 12.00 9.7 0.20 0.00 36 37.6 44660 21.86 12.76 22.92 12.5 0.22 0.00 40 31.8 50613 22.03 15.16 32.96 14.9 0.23 0.00 44 26.7 54601 22.14 16.83 40.29 16.6 0.24 0.00 48 22.4 56969 22.21 17.85 44.84 17.6 0.25 0.00 52 18.8 58070 22.24 18.32 47.01 18.1 0.25 0.00 56 15.8 58195 22.24 18.38 47.26 18.1 0.25 0.00 60 13.3 57585 22.22 18.11 46.05 17.9 0.25 0.00 64 11.2 •56431 22.19 17.61 43.80 17.4 0.24 0.00 68 9.4 54887 22.15 16.95 40.83 16.7 0.24 0.00 72 7.9 53072 22.10 16.19 37.43 15.9 0.24 0.00 76 6.6 51081 22.04 15.35 33.80 15.1 0.23 0.00 80 5.6 48987 21.98 14.49 30.11 14.3 0.23 0.00 84 4.7 46846 21.92 13.63 26.47 13.4 0.22 0.00 88 3.9 44698 21.86 12.78 22.96 12.6 0.22 0.00 92 3.3 42575 21.80 11.95 19.68 11.7 0.21 0.00 96 2.8 40501 21.74 11.16 16.61 10.9 0.21 0.00 100 2.3 38480 21.69 10.40 13.80 10.2 0.20 0.00 104 2.0 36663 21.63 9.69 11.25 9.5 0.20 0.00 108 1.6 34698 21.58 9.02 8.97 8.8 0.19 0.00 112 1.4 32929 21.53 7.14 6.95 8.2 0.19 0.00 116 1.2 31548 21.49 5.68 5.50 7.7 0.18 0.00 120 1.0 30464 21.45 4.61 4.43 7.4 0.18 0.00 124 0.8 29591 21.43 3.81 3.63 7.1 0.18 0.00 128 0.7 28874 21.41 3.19 3.02 6.8 0.17 0.00 132 0.6 28274 21.39 2.70 2.53 6.6 0.17 0.00 136 0.5 27765 21.38 2.31 2.14 6.5 0.17 0.00 140 0.4 27328 21.36 1.99 1.82 6.3 0.17 0.00 6/93/00 MEGAN WOODS 97045 CDC Stormwater Pond Routing 10-year Storm 144 0.3 26949 21.35 1.73 1.56 6.2 0.17 0.00 148 0.3 26517 21.34 1.51 1.34 6.1 0.17 0.00 152 0.2 26325 21.33 1.32 1.16 6.0 0.17 0.00 156 0.2 26066 21.33 1.17 1.00 5.9 0.16 0.00 160 0.2 25835 21.32 1.03 0.87 5.9 0.16 0.00 164 0.1 25628 21.31 0.92 0.76 5.8 0.16 0.00 168 0.1 25441 21.31 0.82 0.66 5.7 0.16 0.00 172 0.1 25273 21.30 0.74 0.58 5.7 0.16 0.00 176 0.1 25120 21.30 0.67 0.50 5.6 0.16 0.00 180 0.1 24980 21.29 0.60 0.44 5.6 0.16 0.00 184 0.1 24853 21.29 0.55 0.39 5.5 0.16 0.00 188 0.1 24737 21.29 0.50 0.34 5.5 0.16 0.00 192 0.0 24629 21.28 0.45 0.29 5.5 0.16 0.00 196 0.0 24531 21.28 0.42 0.26 5.4 0.16 0.00 200 0.0 24439 2128 0.38 0.22 5.4 0.16 0.00 1 204 0.0 24355 21 28 0.35 0.19 5.4 0.16 0.00 208 0.0 24276 21.27 0.33 0.17 5.4 0.16 0.00 212 0.0 24203 21.27 0.30 0.15 5.3 0.16 0.00 216 0.0 24134 21.27 0.28 0.12 5.3 0.16 0.00 220 0.0 24070 21.27 0.26 0.11 5.3 0.16 0.00 224 0.0 24010 21.27 0.25 0.09 5.3 0.16 0.00 228 0.0 23953 21.26 0.23 0.08 5.3 0.16 0.00 232 0.0 23899 21.26 0.22 0.06 5.3 0.16 0.00 236 0.0 23848 21.26 0.21 0.05 5.2 0.16 0.00 240 0.0 23800 21.26 0.20 0.04 5.2 0.16 0.00 244 0.0 23754 21.26 0.19 0.03 5.2 0.16 0.00 248 0.0 23710 21.26 0.18 0.02 5.2 0.16 0.00 252 0.0 23667 21.26 0.17 0.02 5.2 0.16 0.00 256 0.0 23626 21.25 0.17 0.01 5.2 0.16 0.00 260 0.0 23587 21.25 0.16 0.01 5.2 0.16 0.00 264 0.0 23548 21.25 0.16 0.00 5.1 0.16 0.00 268 0.0 23511 21.25 0.16 0.00 5.1 0.16 0.00 272 0.0 23474 21.25 0.16 0.00 5.1 0.16 0.00 276 0.0 23437 21.25 0.16 0.00 5.1 0.16 0.00 280 0.0 23400 21.25 0.16 0.00 5.1 0.16 0.00 284 0.0 23363 21.25 0.15 0.00 5.1 0.15 0.00 288 0.0 23326 21.24 0.15 0.00 5.1 0.15 0.00 292 0.0 23289 21.24 0.15 0.00 5.1 0.15 0.00 296 0.0 23252 21.24 0.15 0.00 5.1 0.15 0.00 300 0.0 23215 21.24 0.15 0.00 5.0 0.15 0.00 304 0.0 23178 21.24 0.15 0.00 5.0 0.15 0.00 308 0.0 23141 21.24 0.15 0.00 5.0 0.15 0.00 312 0.0 23104 21.24 0.15 0.00 5.0 0.15 0.00 316 0.0 23067 21.24 0.15 0.00 5.0 0.15 0.00 320 0.0 23030 21.24 0.15 0.00 5.0 0.15 0.00 324 0.0 22563 21.24 0.15 0.00 5.0 0.15 0.00 328 0.0 .22956 21.23 0.15 0.00 5.0 0.15 0.00 332 0.0 22920 21.23 0.15 0.00 5.0 0.15 0.00 336 0.0 22883 21.23 0.15 0.00 4.9 0.15 0.00 340 0.0 22846 21.23 0.15 0.00 4.9 0.15 0.00 344 0.0 22809 21.23 0.15 0.00 4.9 0.15 0.00 348 0.0 22773 21.23 0.15 0.00 4.9 0.15 0.00 352 0.0 22736 21.23 0.15 0.00 4.9 0.15 0.00 356 0.0 22699 21.23 0.15 0.00 4.9 0.15 0.00 360 0.0 22663 21.23 0.15 0.00 4.9 0.15 0.00 364 0.0 22626 21.22 0.15 0.00 4.9 0.15 0.00 368 0.0 22590 21.22 0.15 0.00 4.9 0.15 0.00 372 0.0 22553 2112 0.15 0.00 4.8 0.15 0.00 376 0.0 22517 21.22 0.15 0.00 4.8 0.15 0.00 380 0.0 22480 21.22 0.15 0.00 4.8 0.15 0.00 384 0.0 22444 21.22 0.15 0.00 4.8 0.15 0.00 388 0.0 22408 21.22 0.15 0.00 4.8 0.15 0.00 392 0.0 22371 21.22 0.15 0.00 4.8 0.15 0.00 396 0.0 22335 21.22 0.15 0.00 4.8 0.15 0.00 400 0.0 22299 21.21 0.15 0.00 4.8 0.15 0.00 404 0.0 22262 21.21 0.15 0.00 4.8 0.15 0.00 6/9100 MEGAN WOODS CDC Stormwater Pond Routing 50-year Storm WATERSHED DATA BEFORE DEVELOPMENT AFTER DEVELOPMENT WATERSHED AREA 13.00 ACRES HYDRAULIC LENGTH 1200 FT CHANGE IN HEIGHT 3 FT RUNOFF COEF.'C' 0.25 TIME OF CONCENTR 18.43 MIN INTENSITY 50 YR 7.79 IN/HR Qa = 26.32 CFS Qa = PRE-DEVELOPED PEAK DISCHARGE COMPUTE DEPTH OF RUNOFF P = 6.4 INCHES 50yr, 6hr PRECIPITATION CN = 74 S = (1000/CN)-10 S = 3.51 Depth (D) = (P-0.2S)^2/(P+0.8S) D = 3.52 IN - 50yr, 6hr RUNOFF DEPTH SET VOLUME AND COMPUTE TIME TO PEAK Tp = [(43.5)(D)(Area)] / Op Tp = 38.59 MINUTES Storage Volume Req'd = (Qp-Qa)'Tp'1.39'60 84,731 cu. ft. WATERSHED AREA 13.00 ACRES HYDRAULIC LENGTH 1200 FT CHANGE IN HEIGHT 3 FT RUNOFF COEF.'C' 0.51 TIME OF CONCENTR 18.43 MIN INTENSITY 50 YR 7.79 IN/HR QP = 61.66 CFS Qp = POST-DEVELOPED PEAK DISCHARGE CALCULATE Ks AND b SET NORMAL ELEVATION AT = 20.50 feet S Z CONTOUR [NCR ACCUM CONTOUR AREA VOL VOL STAGE In S In Z Z est (sq ft) (cu ft) (cu ft) (ft) (ft) 20.5 31,239 0 0 0 0 0 0 21.5 33,438 32,339 32,339 1.0 10.3840 0 1.01 22.5 35,695 34,567 66,905 2.0 11.1110 0.6931 1.98 23.5 38,008 36,852 103,757 3.0 11.5488 1.0986 2.97 24.5 39,506 38,758 142,515 4.0 11.8672 1.3863 3.99 25.5 43,252 41,380 183,895 5.0 12.1221 1.6094 5.06 26.5 21,626 205,521 6.0 12.2333 1.7918 5.61 27.5 - 205,521 7.0 12.2333 1.9459 5.61 28.5 - 205,521 8.0 12.2333 2.0794 5.61 Regression Output: __> Ks a 32038 b n 1.08 97045 X Coefficient 10.37 MW MEGAN WOODS 97045 CDC Stormwater Pond Routing 50-year Storm CHAINSAW METHOD FOR RISER BARREL ROUTING STORM DATA Qa = 25.32 cfs Qp = 51.65 cfs Tp = 38.6 min dT = 4 min BASIN DATA Ks = 32038 b = 1.08 Zo = 20.5 ft Normal water elev = 20.5 ft Peak Outflow= 28.00 cfs Box Wei r Length = 16 ft Peak Stage = 22.81 ft Cw = 3.0 Maximum Storage = 78,944 cu ft Zcr = 21.25 It Control Holes: State Orlfice: Dia = 2.75 In Dd = 36 in Inv = 20.5 ft Cd = 0.59 Weir: L = 0 in ZI = 20.5 ft Inv = 23.50 ft Time Inflow Storage Stage Outflow W Riser Barrel Orifice City Weir (min) (cfs) (cu ft) (ft) (cfs) (cfs) (cfs) (cfs) (cfs) 0 0.0 0 20.50 0 0 0 0 0.00 4 1.4 0 20.50 0 0.00 0 0 0.00 6 5.3 326 20.51 0.00 0.00 0.0 0.00 0.00 12 11.4 1594 20.56 0.01 0.00 0.1 0.01 0.00 16 19.0 4322 20.66 0.04 0.00 0.5 0.04 0.00 20 27.3 8870 20.80 0.08 0.00 1.3 0.08 0.00 24 35.5 15404 21.01 0.12 0.00 2.9 0.12 0.00 28 42.6 23890 21.26 0.22 0.06 5.3 0.16 0.00 32 48.0 34070 21.56 8.42 8.23 8.6 0.19 0.00 36 51.1 43575 21.83 12.34 21.21 12.1 0.21 0.00 40 51.5 52872 22.09 16.10 37.06 15.9 0.24 0.00 44 49.2 61362 22.33 19.77 53.68 19.5 0.26 0.00 48 44.4 68420 22.52 22.98 68.82 22.7 0.27 0.00 52 38.9 73567 22.66 25.40 80.56 25.1 0.28 0.00 56 34.0 76801 22.75 26.96 88.21 26.7 0.28 0.00 60 29.7 78485 22.80 27.78 92.27 27.5 0.29 0.00 64 25.9 .78944 22.81 28.00 93.39 27.7 0.29 0.00 68 22.7 78451 22.80 27.76 92.19 27.5 0.29 0.00 72 19.8 77230 22.76 27.17 89.24 26.9 0.29 0.00 76 17.3 75467 22.71 26.31 85.03 26.0 0.28 0.00 80 15.1 73308 22.66 25.28 79.95 25.0 0.28 0.00 84 13.2 70874 22.59 24.13 74.35 23.9 0.27 0.00 88 11.6 68258 22.52 22.90 68.46 22.6 0.27 0.00 92 10.1 65535 22.44 21.65 62.50 - 21.4 0.26 0.00 96 8.8 62763 22.37 20.40 56.59 20.1 0.26 0.00 100 7.7 59966 22.29 19.16 50.86 18.9 0.25 0.00 104 6.7 57238 22.21 17.96 45.37 17.7 0.25 0.00 108 5.9 54545 22.14 16.81 40.18 16.6 0.24 0.00 112 5.1 51925 22.07 15.71 35.32 15.5 0.23 0.00 116 4.5 49392 21.99 14.66 30.81 14.4 0.23 0.00 120 3.9 46954 21.93 13.67 26.65 13.4 0.22 0.00 124 3.4 44616 21.86 12.74 22.85 12.5 0.22 0.00 128 3.0 42382 21.80 11.87 19.39 11.7 0.21 0.00 132 2.6 40253 21.74 11.06 16.26 10.9 0.21 0.00 136 2.3 38228 21.68 10.30 13.44 10.1 0.20 0.00 140 2.0 36306 21.62 9.60 10.94 9.4 0.20 0.00 6d9= MEGAN WOODS 97045 CDC Stormwater Pond Routing 50-year Storm 144 1.8 34483 21.57 8.90 8.71 8.8 0.19 0.00 148 1.5 32767 21.52 6.96 6.77 8.2 0.19 0.00 152 1.3 31464 21.48 5.59 5.41 7.7 0.18 0.00 156 1.2 30443 21.45 4.59 4.41 7.4 0.18 0.00 160 1.0 29621 21.43 3,84 3.66 7.1 0.18 0.00 164 0.9 28946 21.41 3.25 3.08 6.9 0,17 0.00 168 0.8 28380 21.39 2.78 2.61 8.7 0.17 0.00 172 0.7 27899 21.38 2.41 2.24 6.5 0.17 0.00 176 0.6 27485 21.37 2.10 1.93 6.4 0.17 0.00 180 0.5 27123 21.36 1.84 1.68 6.3 0.17 0.00 184 0.5 26806 21.35 1.63 1.46 6.2 0.17 0.00 188 0.4 26524 21.34 1.45 1.28 6.1 0.17 0.00 192 0.3 26272 21.33 1.29 1.12 6.0 0.17 0.00 196 0.3 26046 21.33 1.16 0.99 5.9 0.16 0.00 200 0.3 25842 21.32 1.04 0.87 5.9 0.16 0.00 204 0.2 25656 21.31 0.94 0.77 5.8 0.16 0.00 208 0.2 25487 21.31 0.85 0.65 5.7 0.16 0.00 212 0.2 25333 21.30 0.77 0.61 5.7 0.16 0.00 216 0.2 25191 21.30 0.70 0.54 5.7 0.16 0.00 220 0.1 25060 21.30 0.64 0.48 5.6 0.16 0.00 224 0.1 24940 21.29 0.58 0.42 5.6 0,16 0.00 228 0.1 24828 21.29 0.54 0.38 5.5 0.16 0.00 232 0.1 24724 21.29 0.49 0.33 5.5 0.16 0.00 236 0.1 24628 21,28 0.45 0.29 5.5 0.16 0.00 240 0.1 245W 21.28 0,42 0.26 5.5 0.16 0.00 244 0.1 24454 21.28 0.39 0.23 5.4 0.16 0.00 248 0.1 24375 21.28 0.36 0.20 5.4 0.16 0.00 252 0.0 24302 21.27 0.34 0.18 5.4 0.16 0.00 256 0.0 24232 21.27 0.31 0.15 5.4 0.16 0.00 260 0.0 24167 21.27 0.29 0.13 5.3 0.16 0.00 264 0.0 24105 21.27 0.27 0.12 5.3 0.16 0.00 268 0.0 24047 21.27 0.26 0.10 5.3 0.16 0.00 272 0.0 23992 21.26 0.24 0.09 5.3 0.16 0.00 276 0.0 23939 21.26 0.23 0.07 5.3 0.16 0.00 280 0.0 23889 21.26 0.22 0.06 5.3 0.16 0.00 284 0.0 23841 21.26 0.21 0.05 5.2 0.16 0.00 288 0.0 23795 21.26 0.20 0.04 5.2 0.16 0.00 292 0.0 23752 21.26 0.19 0.03 5.2 0.16 0.00 296 0.0 23709 21.26 0.18 0.02 5.2 0.16 0.00 300 0.0 236W 21.26 0.17 0.02 5.2 0.16 0.00 304 0.0 23629 21.25 0.17 0.01 5.2 0.16 0.00 308 0.0 23591 21.25 0.16 0.01 5.2 0.16 0.00 312 0.0 23553 21.25 0.15 0.00 5.1 0.16 0.00 316 0.0 23517 21.25 0.16 0.00 5.1 0.16 0.00 320 0.0 23480 21.25 0.16 0.00 5.1 0.16 0.00 324 0.0 23444 21.25 0.16 0.00 5.1 0.16 0.00 328 0.0 .23408 21.25 0.16 0.00 5.1 0.16 0.00 332 0.0 23371 21.25 0.15 0.00 5.1 0.15 0.00 336 0.0 23335 21.25 0.15 0.00 5.1 0.15 0.00 340 0.0 23299 21.24 0.15 0.00 5.1 0.15 0.00 344 0.0 23262 21.24 0,15 0.00 5.1 0.15 0.00 348 0.0 23225 21.24 0.15 0.00 5.1 0.15 0.00 352 0.0 23189 21.24 0.15 0.00 5.0 0.15 0.00 356 0.0 23152 21.24 0.15 0.00 - 5.0 0.15 0.00 360 0.0 23115 21.24 0.15 0.00 5.0 0.15 0.00 364 0.0 23079 21,24 0.15 0.00 5.0 0.15 0.00 368 0.0 23042 21.24 0.15 0.00 5,0 0.15 0.00 372 0.0 23005 21.24 0.15 0.00 5.0 0.15 0.00 376 0.0 22969 21.23 0.15 0.00 5.0 0.15 0.00 380 0.0 22932 21.23 0.15 0.00 5.0 0.15 0.00 384 0.0 22895 21.23 0.15 0.00 5.0 0.15 0.00 388 0.0 22859 21.23 0.15 0.00 4.9 0.15 0.00 392 0.0 22822 21.23 0.15 0.00 4.9 0.15 0.00 396 0.0 22785 21.23 0.15 0.00 4.9 0.15 0.00 400 0.0 22749 21.23 0.15 0.00 4.9 0.15 0.00 404 0.0 22712 21.23 0.15 0.00 4.9 0.15 0.00 W/00 CDC WATERSHED DATA BEFORE DEVELOPMENT MEGAN WOODS Stormwater Pond Emergency Spillway Routing 50-year Storm WATERSHED AREA 13.00 ACRES HYDRAULIC LENGTH 1200 FT CHANGE IN HEIGHT 3 FT RUNOFF COEF.'C' 0.25 TIME OF CONCENTR 18.43 MIN INTENSITY 50YR 7.79 IN/HR Qa = 25.32 CFS Qa = PRE-DEVELOPED PEAK DISCHARGE COMPUTE DEPTH OF RUNOFF ' P = 6.4 INCHES 50yr, 6hr PRECIPITATION CN = 74 S = (1000/CN)-10 S = 3.51 Depth (D) _ (P-0.2S)^2/(P+0.8S) D = 3.52 IN -50yr, 6hr RUNOFF DEPTH SET VOLUME AND COMPUTE TIME TO PEAK Tp = ((43.5)(D)(Area)] / Qp Tp = 38.59 MINUTES Storage Volume Req'd = (Qp-Qa)'Tp'1.39'60 84,731 cu. ft. CALCULATE Ks AND b SET NORMAL ELEVATION AT = 20.50 feet AFTER DEVELOPMENT WATERSHED AREA 13.00 ACRES HYDRAULIC LENGTH 1200 FT CHANGE IN HEIGHT 3 FT RUNOFF COEF.'C' 0.51 TIME OF CONCENTR 18.43 MIN INTENSITY 50 YR 7.79 IN/HR Qp = 51.65 CFS Qp = POST-DEVELOPED PEAK DISCHARGE S Z CONTOUR INCR ACCUM CONTOUR AREA VOL VOL STAGE In S In Z Z est (sq ft) (cu ft) (cu ft) (ft) (ft) 20.5 31,239 0 0 0 0 0 0 21.5 33,438 32,339 32,339 1.0 10.3840 0 1.01 22.5 35,695 34,567 66,905 2.0 11.1110 0.6931 1.98 23.5 38,008 36,852 103,757 3.0 11.5498 1.0986 2.97 24.5 39,508 38,758 142,515 4.0 11.8672 1.3863 3.99 25.5 43,252 41,380 183,895 5.0 12.1221 1.6094 5.06 26.5 21,626 205,521 6.0 12.2333 1.7918 5.61 27.5 205,521 7.0 12.2333 1.9459 5.61 28.5 - 205,521 8.0 12.2333 2.0794 5.61 Regression Output: Ks = 32038 b= 1.08 97045 X Coefficient 10.37 619/00 MEGAN WOODS 97045 CDC Stormwater Pond Emergency Spillway Routing 50-year Storm CHAINSAW METHOD FOR RISER BARREL ROUTING STORM DATA Qa = 25.32 cfs Qp = 51.65 cis Tp = 38.6 min dT = 4 min BASIN DATA Ks = 32038 b = 1.08 Zo = 20.5 It Normal water elev = 20.5 ft Peak Outflow = 25.43 cfs Box Weir Length = 0 ft Peak Stage = 23.80 It Cw = 3.0 Maximum Storage = 115,883 cu ft Zcr = 21.25 ft Control Holes: State Orifice: Dla = 0.00 in Dd = 0 in Inv = 20.5 ft Cd = 0.59 Weir: L = 240 In Z1= 20.5 ft Inv = 23.50 ft Time Inflow Storage Stage Outflow W Riser Barrel Orifice City Weir (min) (cfs) (cu ft) (ft) (cfs) (cfs) (cfs) (cfs) (cfs) 0 0.0 0 20.50 0 0 0 0 0.00 4 1.4 0 20.50 0 0.00 0 0 0.00 8 5.3 326 20.51 0.00 0.00 0.0 0.00 0.00 12 11.4 1595 20.56 0.00 0.00 0.0 0.00 0.00 16 19.0 4325 20.66 0.00 0.00 0.0 0.00 0.00 20 27.3 8881 20.80 0.00 0.00 0.0 0.00 0.00 24 35.5 15435 21.01 0.00 0.00 0.0 0.00 0.00 28 42.6 23951 21.26 0.00 0.00 0.0 0.00 0.00 32 48.0 34183 21.56 0.00 0.00 0.0 0.00 0.00 36 51.1 45709 21.89 0.00 0.00 0.0 0.00 0.00 40 51.5 57968 22.23 0.00 0.00 0.0 0.00 0.00 44 49.2 70322 22.57 0.00 0.00 0.0 0.00 0.00 48 44.4 82125 22.89 0.00 0.00 0.0 0.00 0.00 52 38.9 92787 23.18 0.00 0.00 0.0 0.00 0.00 56 34.0 102117 23.43 0.00 0.00 0.0 0.00 0.00 60 29.7 110271 23.65 8.95 0.00 0.0 0.00 8.95 64 25.9 115248 23.78 23.30 0.00 0.0 0.00 23.30 68 22.7 115883 23.80 25.43 0.00 0.0 0.00 25.43 72 19.8 115222 23.78 23.21 0.00 0.0 0.00 23.21 76 17.3 114406 23.76 20.57 0.00 0.0 0.00 20.57 80 15.1 113625 23.74 18.14 0.00 0.0 0.00 18.14 84 13.2 112902 23.72 15.99 0.00 0.0 0.00 15.99 88 11.6 112239 23.70 14.09 0.00 0.0 0.00 14.09 92 10.1 111631 23.68 12.42 0.00 0.0 0.00 12.42 96 8.8 111074 23.67 10.96 0.00 0.0 0.00 10.96 100 7.7 110563 23.66 9.67 0.00 0.0 0.00 9.67 104 6.7 110094 23.64 8.53 0.00 0.0 0.00 8.53 108 5.9 106665 23.63 7.53 0.00 0.0 0.00 7.53 112 5.1 109271 23.62 6.65 0.00 0.0 0.00 6.65 116 4.5 108910 23.61 5.88 0.00 0.0 0.00 5.88 120 3.9 108578 23.60 5.20 0.00 0.0 0.00 5.20 124 3.4 108274 23.59 4.60 0.00 0.0 0.00 4.60 128 3.0 107995 23.59 4.07 0.00 0.0 0.00 4.07 132 2.6 107739 23.58 3.60 0.00 0.0 0.00 3.60 136 2.3 107504 23.57 3.19 0.00 0.0 0.00 3.19 140 2.0 107288 23.57 2.83 0.00 0.0 0.00 2.83 6/3/70 MEGAN WOODS 97045 CDC Stormwater Pond Emergency Spillway Routing 50-year Storm 144 1.8 107090 23.56 2.51 0.00 0.0 0.00 2.51 148 1.5 106908 23.56 2.23 0.00 0.0 0.00 2.23 152 1.3 106740 23.55 1.98 0.00 0.0 0.00 1.98 156 1.2 106586 23.55 1.76 0.00 0.0 0.00 1.76 160 1.0 106445 23.55 1.56 0.00 0.0 0.00 1.56 164 0.9 106315 23.54 1.39 0.00 0.0 0.00 1.39 168 0.8 106195 23.54 1.24 0.00 0.0 0.00 1.24 172 0.7 106085 23.54 1.10 0.00 0.0 0.00 1.10 176 0.6 105684 23.53 0.98 0.00 0.0 0.00 0.98 180 0.5 105891 23.53 0.88 0.00 0.0 0.00 0.86 184 0.5 105805 23.53 0.78 0.00 0.0 0.00 0.78 188 0.4 105726 23.53 0.70 0.00 0.0 0.00 0.70 192 0.3 105653 23.53 0.63 0.00 0.0 0.00 0.63 196 0.3 105586 23.52 0.56 0.00 0.0 0.00 0.56 200 0.3 105524 23.52 0.50 0.00 0.0 0.00 0.50 204 0.2 105467 23.52 0.45 0.00 0.0 0.00 0.45 208 0.2 105415 23.52 0.41 0.00 0.0 0.00 0.41 212 0.2 105366 23.52 0.36 0.00 0.0 0.00 0.36 216 0.2 105321 23.52 0.33 0.00 0.0 0.00 0.33 220 0.1 105280 23.82 0.29 0.00 0.0 0.00 0.29 224 0.1 105242 23.51 0.27 0.00 0.0 0.00 0.27 228 0.1 105206 23.51 0.24 0.00 0.0 0.00 0.24 232 0.1 105174 23.51 0.22 0.00 0.0 0.00 0.22 236 0.1 105144 23.51 0.20 0.00 0.0 0.00 0.20 240 0.1 105116 23.51 0.18 0.00 0.0 0.00 0.18 244 0.1 105090 23.51 0.16 0.00 0.0 0.00 0.16 248 0.1 105066 23.51 0.15 0.00 0.0 0.00 0.15 252 0.0 105043 23.51 0.13 0.00 0.0 0.00 0.13 256 0.0 105023 23.51 0.12 0.00 0.0 0.00 0.12 260 0.0 105004 23.51 0.11 0.00 0.0 0.00 0.11 264 0.0 104986 23.51 0.10 0.00 0.0 0.00 0.10 268 0.0 104970 23.51 0.09 0.00 0.0 0.00 0.09 272 0.0 104954 23.51 0.08 0.00 0.0 0.00 0.08 276 0.0 104940 23.51 0.08 0.00 0.0 0.00 0.08 280 0.0 104927 23.51 0.07 0.00 0.0 0.00 0.07 284 0.0 104914 23.51 0.06 0.00 0.0 0.00 0.06 288 0.0 104903 23.51 0.06 0.00 0.0 0.00 0.06 292 0.0 104892 23.50 0.05 0.00 0.0 0.00 0.05 296 0.0 104882 23.50 0.05 0.00 0.0 0.00 0.05 300 0.0 104873 23.50 0.05 0.00 0.0 0.00 0.05 304 0.0 104865 23.50 0.04 0.00 0.0 0.00 0.04 308 0.0 104856 23.50 0.04 0.00 0.0 0.00 0.04 312 0.0 104849 23.50 0.04 0.00 0.0 0.00 0.04 316 0.0 104842 23.50 0.03 0.00 0.0 0.00 0.03 320 0.0 104835 23.50 0.03 0.00 0.0 0.00 0.03 324 0.0 104829 23:50 0.03 0.00 0.0 0.00 0.03 328 0.0 104823 23.50 0.03 0.00 0.0 0.00 0.03 332 0.0 104818 23.50 0.02 0.00 0.0 0.00 0.02 336 0.0 104813 23.50 0.02 0.00 0.0 0.00 0.02 340 0.0 104808 23.50 0.02 0.00 0.0 0.00 0.02 344 0.0 104804 23.50 0.02 0.00 0.0 0.00 0.02 348 0.0 104799 23.50 0.02 0.00 0.0 0.00 0.02 352 0.0 104795 23.50 0.02 0.00 0.0 0.00 0.02 356 0.0 104792 23.50 0.02 0.00 0.0 0.00 0.02 360 0.0 104788 23.50 0.01 0.00 0.0 0.00 0.01 364 0.0 104785 23.50 0.01 0.00 0.0 0.00 0.01 368 0.0 104782 23.50 0.01 0.00 0.0 0.00 0.01 372 0.0 10,4779 23.50 0.01 0.00 0.0 0.00 0.01 376 0.0 104776 23.50 0.01 0.00 0.0 0.00 0.01 380 0.0 104773 23.50 0.01 0.00 0.0 0.00 0.01 384 0.0 104771 23.50 0.01 0.00 0.0 0.00 0.01 388 0.0 104769 23.50 0.01 0.00 0.0 0.00 0.01 392 0.0 104766 23.50 0.01 0.00 0.0 0.00 0.01 396 0.0 104764 23.50 0.01 0.00 0.0 0.00 0.01 400 0.0 104762 23.50 0.01 0.00 0.0 0.00 0.01 404 0.0 104760 23.50 0.01 0.00 0.0 0.00 0.01 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 ILF, M • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 18, 2000 New Hanover County DWQ Project No. 001164 WBF Inc. P.O. Box 4517 Wilmington, NC, 28406 To Whom It May Concern: On September 11, 2000, the NC Division of Water Quality received your application for a 401 Water Quality Certification for the Meghan Woods subdivision in New Hanover County. Before we can proceed with reviewing your application, we need the following information: 1. Please provide a legible vicinity map, to scale. 2. You are required to provide seven copies of all application materials. Seven copies of the Pre-Construction Notification form were provided, but only one copy of the site plan. 3. Please discuss details regarding stormwater discharges associated with the pre- construction and post-construction phases of the project. For example, have any measures been taken to ensure diffuse flow of runoff? Please also provide plan drawings for the stormwater pond. 4. The site plan shows wetland areas to be filled in Lots 6, 8, 31, 32 and 33. The wetland area also extends through the middle of Lot 7. Has this lot been omitted from the development plan? If not, please explain why impacts were not included for Lot 7. Until this information is received, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15ANCAC 2H .0507(h)). Please visit the 401/Wetlands Unit home page located at http://h2o.enr.state.nc.us. I can be reached at (919) 733-9646. '"V rDomey cc: Corps of Engineers Wilmington Field OffWilmington DWQ Regional Office File Copy Central Files David Scibetta, 113 West 3 4 Street, Greenville, NC, 27858 001164 Division of Water Quality • Non-Discharge Branch 401/Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper M itchel I Associates, Inc. t;t "ULTANTS ENVIRON ENY}'fAL CON 113 West 3rd St. • Gr ville, N.C, 5;1 4 252 7527{ V7 • Fax: 252.752.7380 3975 Market Street Building D Sul • WllmihMN.C. 2840$ A0 910.254.0602 • Fax: 910.254.0603 hell@m itA6 H-assoclateCorq July 27, 2000 Mr. John Dorney ? Division of Environmental Management, NC DENR 4401 Reedy Creek Road Raleigh, North Carolina, 27607 fit. i ,i• Dear Mr. Dorney: b PAYMENT RECEIVED 001164 The purpose of this correspondence is for Mitchell & Associates, Inc., representing WBF, Inc., to submit a Department of the Army Nationwide Permit and NC DWQ 401 Certification application for the placement of fill in wetlands. The site is located off of Masonboro Loop Road, adjacent to Halcyon Forest to the south, in New Hanover County, North Carolina. The applicant has considered other alternatives to the placement of fill material in wetlands to accomplish their project goal, however, the proposed plan is the only practical alternative available. Other alternatives were not practical, significantly more expensive to the applicant, or involved even greater wetland impacts. The project has been designed to avoid and minimize potential adverse effects to other wetland areas. Additional measures will be undertaken to maintain the work in strict conformance with all permit conditions pursuant to Nationwide Permit No. 39 and DWQ 401 Certification, as well as all other state and local requirements. By copy of this correspondence and completed pre-discharge notification procedure, I am requesting DWQ 401 Certification for the above project. Please contact me at your convenience should you have any questions about this matter. Thank you for your time and prompt attention. ' ce ly; David Scibetta Biologist 001164 ,p DEM ID: th'E1Y,?U „Action ID: Nationwide Permit Requeste ?ivid`onwide Permit #): 39 Pre-Construction Notification Application For Nationwide Permits That Require: 1) Notification to the corps of Engineers. 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management C-7) M .< m m z ca --A Send the original and (1) Copy of this completed form to the appropriate field office of the Corps of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the N.C. Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Box 4517 Subdivision Name: N/A City:Wilmington State:North Carolina Zip Code: 28406 Project Location Address, including Subdivision Name ( If different from Mailing Address): Meghan Woods, Masonboro Loop Road 3. Telephone Number:(Home) (Work)--(9-10) 395-4006 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mitchell & Associates Inc 3975-A Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale):County New Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent to Halcyon Forest to south. 6. Impacted or nearest stream/river: Whiskey Creek River Basin: Cape Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters (ORW) water supply (WS-I or WS-II)? Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? Yes[ ] No[ X ] C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: +/-13.00 B. Estimated total number of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.50 Excavation: N/A Flooding: N/A Other: N/A Drainage: N/A Total acres to be impacted: 0.50 B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on normal high water contour) - FT Width after: _ FT Average Depth Before: - FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: Channel Excavation: Construction of a Dam/Flooding: Other: Explain: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8'/s" X 11" drawings only): Clean earthen fill will be used to fill wetland area. Trackhoes, bulldozers, and dump trucks will be used. 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): Wetland area is in footprint of lots and this is the only practicable alternative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document been reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ ] If answer to 17b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map showing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. Attach a copy of the Storm Water Management plan if required. E. What is land use of surrounding property? Single Family F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (In the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. Owner's /Agent's Signature Date (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) 00, 16, m k? »' R 6 •-. v ? ?? ga x a a roj OIU ,?>, ,? r -' 111 lie a I?? f t r ? r r I _?/ # 1 1 N 1 1 w 28 s ? P a ? ? .-Ni ! I R, ? ? 0 ag A? ?R ? ?1 9 R 3 ?1 R ? ! .a i? E® ? Res ae v e` - 1? y p a? € 9 S: _ I' ?t* L ; ?1 mill z = V` L I ' • e j J N ! RI ' -y- I I J 1 I V 1 1 1 lip R,- lip ? Q agj ?? ,, a c ? ? I, 9 N v€ ? ¢ ?I I I a ? II` I ,u 11r? i l 1 SL- p I I os _ Ac I, 1 o Y? v1 H C? ?J I I I t I s Iv ' ?? \\g ? ? I I ''I S j C? I I \ s C ? a I,?I ?; *^SO 30. 7YG .OI ? L ? l`4 I' 1 O = 1 j ? 11 ? pu a s e 1l ?? ZI ? IF a $? 1? .; ? W ? =:? \ ` ??? ???-I .COQ ? I 1 1 i.ba \ Nb? \p? ? 0 \ i • gg ? q ; Naa 4 Cr J C 1 p -3 T ,n q n -3 r-n t1j N fb S O y lC E? ` l ? w ?8 L r 001164 DEM ID: Corps Action ID: Nationwiae?Permit Requested (Provide Nationwide Permit #): 39 -o n ? M Ez Pre-Construction Notification Application M For Nationwide Permits That Require: 1) Notification to the corps of Engineers. 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management Send the original and (1) Copy of this completed form to the appropriate field office of the Corps of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the N.C. Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Box 4517 Subdivision Name: N/A City:Wilmington State:North Carolina Zip Code: 28406 Project Location Address, including Subdivision Name ( If different from Mailing Address): Meghan Woods, Masonboro Loop Road 3. Telephone Number:(Home) (Work) (910) 395-4006 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mitchell & Associates Inc 3975-A Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale):County New Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent to Halcyon Forest to south 6. Impacted or nearest stream/river: Whiskey Creek River Basin: Cape Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters (ORW) water supply (WS-I or WS-II)? Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? Yes[ ] No[ X ] C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: _+J-13.00 B. Estimated total number of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.50 Excavation: N/A Flooding: N/A Other: N/A Drainage: N/A Total acres to be impacted: 0.50 B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on normal high water contour) - FT Width after: _ FT Average Depth Before: _ FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: Channel Excavation: Construction of a Dam/Flooding: Other: Explain: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8'/2" X 11" drawings only): Clean earthen fill will be used to fill wetland area. Trackhoes, bulldozers, and dump trucks will be used. 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): Wetland area is in footprint of lots and this is the only practicable alternative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document been reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ ] If answer to 17b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should W included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map showing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50'feet or 1 inch equals 100 feet or their equivalent. B. If available, representative' photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. Attach a copy of the Storm Water Management plan if required. E. What is land use of surrounding property? Single Family F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (In the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. Owner's /Agent's Signature 9.23• e?o Date (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) DE4 ID1"" "W Rhi?u, r ',?'?? Corps Action ID: Natidnwidg!K 1t=Rt jiiested (Provide Nationwide Permit #): 39 Pre-Construction Notification Application For Nationwide Permits That Require: 1) Notification to the corps of Engineers. 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management rn C7 -< M _Rz m z CD --i Send the original and (1) Copy of this completed form to the appropriate field office of the Corps of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the N.C. Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Box 4517 Subdivision Name: N/A City:Wilmington State:North Carolina Zip Code: 28406 Project Location Address, including Subdivision Name ( If different from Mailing Address): Mezhan Woods Masonboro Loop Road 3. Telephone Number:(Home) (Work) (910,) 395-4006 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mitchell & Associates Inc 3975-A Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale):County New Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent Halcyon Forest to south. 6. Impacted or nearest stream/river: Whiskey Creek River Basin: Cape Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters (ORW) water supply (WS-I or WS-II)? Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? Yes[ ] No[ X ] C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: +/-13.00 B. Estimated total number of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.50 Excavation: N/A Flooding: N/A Other: N/A Drainage: N/A Total acres to be impacted: 0.50 B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on normal high water contour) - FT Width after: _ FT Average Depth Before: _ FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: Channel Excavation: Construction of a Dam/Flooding: Other: Explain: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8'/2" X 11" drawings only): Clean earthen fill will be used to fill wetland area Trackhoes, bulldozers, and dump trucks will be used 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): Wetland area is in footprint of lots and this is the only practicable alternative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that, may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document been reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ ] If answer to 17b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West-Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map§howing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50'feet or 1 inch equals 100 feet or their equivalent. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. Attach a copy of the Storm Water Management plan if required. E. What is land use of surrounding property? Single Family c F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (In the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. Owner's /Agent's Signature P. 23- foer Date (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) DEM III: u?Fi k??a criciti P`A Corps Action ID: Nationwi` ' gMed (Provide Nationwide Permit ft 39 rn M Pre-Construction Notification Application For Nationwide Permits That Require: 1) Notification to the corps of Engineers. 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management Send the original and (1) Copy of this completed form to the appropriate field office of the Corps of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the N.C. Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Box 4517 Subdivision Name: N/A City:Wilmington State:North Carolina Zip Code: 28406 Project Location Address, including Subdivision Name ( If different from Mailing Address): Meghan Woods, Masonboro Loop Road 3. Telephone Number:(Home) (Work) (910) 395-4006 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mitchell & Associates Inc 3975-A Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale):County New Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent to Halcyon Forest to south. 6. Impacted or nearest stream/river: Whiskey Creek River Basin: Cape Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters (ORW) water supply (WS-I or WS-II)? Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? Yes[ ] No[ X ] C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: +/-13.00 B. Estimated total number of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.50 Excavation: N/A Flooding: N/A Other: N/A Drainage: N/A_ Total acres to be impacted: 0.50 B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on normal high water contour) _ FT Width after: _ FT Average Depth Before: - FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: Channel Excavation: Construction of a Dam/Flooding: Other: Explain: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8 ''/z" X I V drawings only): Clean earthen fill will be used to fill wetland area. Trackhoes, bulldozers, and dump trucks will be used. 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): Wetland area is in footprint of lots and this is the only practicable alternative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National Marine Fisheries Service (NIYIFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area thatti may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document been reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ J If answer to 17b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West Jbnes Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should bd included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map showing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. Attach a copy of the Storm Water Management plan if required. E. What is land use of surrounding property? Single Family A F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (In the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. Owner's /Agent's ignature X"73-ov Date (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) 64 D*M N,'E ?r 6?i t u Corps Action ID: Natio `a P? Requested (Provide Nationwide Permit #): 39 n M ? rn Pre-Construction Notification Application M For Nationwide Permits That Require: 1) Notification to the corps of Engineers. 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management Send the original and (1) Copy of this completed form to the appropriate field office of the Corps of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the N.C. Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Box 4517 Subdivision Name: N/A City:Wilmington State:North Carolina Zip Code: 28406 Project Location Address, including Subdivision Name ( If different from Mailing Address): Meghan Woods, Masonboro Loop Road 3. Telephone Number:(Home) (Work)-(910) 395-4006 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mitchell & Associates Inc 3975-A Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale):County New Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent to Halcyon Forest to south. 6. Impacted or nearest stream/river: WhiskU Creek River Basin: Cape Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters (ORW) water supply (WS-I or WS-II)? Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? Yes[ ] No[ X ] C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: +/- 13.00 B. Estimated total number of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.50 Excavation: N/A Flooding: N/A Other: N/A Drainage: N/A Total acres to be impacted: 0.50 B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on normal high water contour) _ FT Width after: _ FT Average Depth Before: - FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: Channel Excavation: Construction of a Dam/Flooding: Other: Explain: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8 %z" X 11" drawings only): Clean earthen fill will be used to fill wetland area Trackhoes, bulldozers, and dump trucks will be used 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): Wetland area is in footprint of lots and this is the only practicable alternative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document bden reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ ] If answer to 17b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West,Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map ,showing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineatiari line. D. Attach a copy of the Storm, Water Management plan if required. E. What is land use of surrounding property? Single Family F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (In the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. r Owner's /Agent's Signature ojo Date (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) DEM ID: ()Oil 64 Corps Action ID: Nationwide Permit Requested (Provide Nationwide Permit #): 39 C-) a Pre-Construction Notification Application m z For Nationwide Permits That Require: C7 -! 1) Notification to the corps of Engineers. 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management Send the original and (1) Copy of this completed form to the appropriate field office of the Corps of Engineers (see Agency Addresses Sheet). Seven (7) copies should be sent to the N.C. Division of Environmental Management (see Agency Addresses Sheet). Please Print. 1. Owners Name: WBF Inc. 2. Mailing Address: P.O. Bog 4517 Subdivision Name: N/A City:Wilmington State:North Carolina Zip Code: 28406 Project Location Address, including Subdivision Name ( If different from Mailing Address): Meghan Woods, Masonboro Loop Road 3. Telephone Number:(Home) (Work)-(210) 395-4006 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mitchell & Associates Inc 3975-A Market Street Wilmington, NC 28403 910-254-0602 5. Location of work (provide a map, preferably a copy of USGS Topographic Map or Aerial Photography with scale):County New Hanover Nearest Town or City Wilmington Specific Location: (include landmarks, road numbers, etc.) Located on east side of Masonboro Loop Road, adjacent to Halcyon Forest to south. 6. Impacted or nearest stream/river: Whiskey Creek River Basin: Cage Fear Basin 7 A. Is project located near water classified as trout, tidal saltwater, high quality waters (HQW) Outstanding resource waters (ORW) water supply (WS-I or WS-II)? Yes[ ] No[ X ]. If yes, Explain: B. Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? Yes[ ] No[ X ] 0 C. If the project is located within a coastal county ( see page 7 for list of coastal counties), What is the land use plan (LUP) designation? Undeveloped 8 A. Have any section 404 permits been previously requested for use on his property? Yes[ ] No[ X ] if yes provide action I.D. number of previous permit and any additional information ( include photocopy of 401 certification) action I.D. # B. Are additional permit requests expected for this property in the future? Yes[ ] No[X ] If yes, describe anticipated work: 9. A. Estimated total number of acres in tract of land: +/- 13.00 B. Estimated total number of acres of wetlands located on project site: 0.68 acres 10. A. Number of acres of wetlands impacted by the proposed project by: Filling: 0.50 Excavation: N/A Flooding: N/A Other: N/A Drainage: N/A Total acres to be impacted: 0.50 B. (1) Stream Channel to be impacted by the proposed project ( if relocated, provide distance Both before and after relocation): Length Before: FT After: FT Width before (based on normal high water contour) - FT Width after: _ FT Average Depth Before: _ FT After: - FT (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: Placement of pipe in channel: Channel Excavation: Construction of a Dam/Flooding: Other: Explain: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be Used ( Attach plans: 8'/Z" X 11" drawings only): Clean earthen fill will be used to fill wetland area Trackhoes, bulldozers, and dump trucks will be used 13. Purpose of proposed work: To expedite development of residential subdivision. 14. State reasons why it is believed that this activity must be carried out in wetlands. (Include any measures taken to minimize wetlands): Wetland area is in footprint of lots and this is the only practicable alternative. 15. You are required to contact the U.S. Fish and Wildlife service (USFWS) and/or National 0 1 Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: 8/25/00 (attach responses from these agencies). 16. You are required to contact the State Historic Preservation Officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date Contacted: 8/25/00 17. Does the project involve an expenditure of public funds or the use of public (state) Land? Yes[ ] No[ X ] (If no, go to 18) A. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? Yes[ ] No[ ] B. If yes, has the document been reviewed through the North Carolina Department of administration State Clearinghouse? Yes[ ] No[ ] If answer to l7b is yes, then submit appropriate documentation from the State Clearinghouse to the Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the state Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 WestJones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: A. Wetland Delineation Map showing all Wetlands, Streams, Lakes, and Ponds on the property ( for nationwide permit numbers 14, 18, 21, 29, 38, & 39). All streams (intermittent and permanent) on the property MUST be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. Attach a copy of the Storm Water Management plan if required. E. What is land use of surrounding property? Single Family t F. If applicable, what is proposed method of sewage disposal? Municipal Sewer G. Signed and dated agent authorization letter, if applicable. Note: Wetlands or waters of the U.S. may not be impacted prior to: 1) issuance of a section 404 Corps of Engineers permit, 2) either the issuance or waiver of a 401 division of Environmental Management ( water quality) certification, and 3) (ln the twenty coastal counties only), a letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management Program. Owner's /Agent's Signature S - Z 3 - 4elr6 Date (Agent's Signature Valid only if Authorization Letter from the owner is provided (18g.) HOGUE, HILL, JONES, NASH & LYNCH, L.L.P. ATTORNEYS AT LAW W. TALMAGE JONES DAVID A. NASH WILLIAM O. J. LYNCH JAMES B. SNOW, III WAYNE A. BULLARD STACEY L. FULLER G. EDWARD COLEMAN, III 101 SOUTH THIRD STREET WILMINGTON, NC 28401 OF COUNSEL: CYRUS D. HOGUE, JR. WILLIAM L. HILL, II MAILING ADDRESS P. O. DRAWER 2178 WILMINGTON, NC 28402 TELEPHONE 910-763-4565 FACSIMILE 910-762-6687 Mr. John Dorney NC Department of Environment and Natural Resources 1650 Mail Service Center Raleigh. NC 27699-1650 September 21, 2001 Re. New Hanover County, DWQ Project #001164 COE# 199900544 Dear Mr. Dorney: SEP Z 7 2001 At the request of WBF, Inc., I am forwarding with this letter a copy of the Declaration of Covenants, Conditions and Restrictions for Megan Woods, along with a map of the conservation area which will be shown on the final subdivision plat when it is recorded. Article VIII, Section 1, deals with stormwater runoff regulations and Article VIII, Section 2, with the required conservation area. Please call if there is anything further that you need. Very truly yours, Enclosures cc: Mr. Terry F. Turner Ms. Joanne Steenhuis William 0. J. Lynch VI WOJL/vms STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR MEGAN WOODS This Declaration, Made the _ day of , 2001, by W.B.F., INC., a North Carolina corporation, hereinafter referred to as "Declarant" or "Developer" for the purposes hereinafter stated; WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as MEGAN WOODS, which is shown on a plat recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book Page , to which reference is made for a more particular description (the "Property"). NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following easements, restrictions, covenants, and conditions. ARTICLE I. DEFINITIONS SECTION 1. Additional Property shall mean and refer to any lands which are now owned or may be hereafter acquired or developed by Declarant, in addition to the above described Property, and annexed to and made a part of the Planned Community (as hereinafter defined). SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in the Association allocated to each Lot. SECTION 3. Association shall mean and refer to Megan Woods Homeowners' Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4. Common Elements shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, including, without limitation, any private roads and storm water retention ponds within the Planned Community. SECTION 5. Common Expenses means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. SECTION 6. Common Expense Liability means the liability for Common Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise by law. SECTION 7. Declarant shall be used interchangeably with Developer (which designations shall include singular, plural, masculine and neuter as required by the context) and shall mean and refer to W.B.F., Inc., its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant or a Lot not previously disposed of for the purpose of development and reserves or succeeds to any Special Declarant Right. SECTION 8. Declaration shall mean this instrument as it may be from time to time amended or supplemented. SECTION 9. Executive Board shall be used interchangeably with the Board of Directors and means the body, regardless of name, designated in this Declaration or otherwise to act on behalf of the Association. SECTION 10. Limited Common Elements shall mean areas and facilities within any Lot which are for the exclusive use of the Lot Owner but which the Association is obligated to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall consist of all yards and shrubbery on each Lot (if none, so state). SECTION 11. Lots shall mean and refer to any portion of the Planned Community designated for separate ownership by a Lot Owner. SECTION 12. Lot Owner shall mean the Declarant or other Person who owns a fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Act. SECTION 13. Master Association means the master association as defined in the SECTION 14. Person means a natural person, corporation, business trust., estate, trust, partnership, association, joint venture, government, governmental subdivision, or agency or other legal or commercial entity. SECTION 15. Planned Community shall mean and refer to the Property plus any Additional Property made a part of Planned Community by the exercise of any Special Declarant Right. 2 S:\WOJL\W BF\Declaration-MeganWoods.wpd-vms SECTION 16. Purchaser means any Person, other than a Declarant or a Person in the business of selling real estate for the purchaser's own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for an obligation. SECTION 17. Reasonable Attorneys' Fees means attorneys' fees reasonably incurred without regard to any limitations on attorneys' fees which otherwise may be allowed by law. SECTION 18. Special Declarant Rights means rights reserved for the benefit of a Declarant including without limitation the right (i) to complete improvements indicated on plats and plans filed with or referred to in this Declaration; (ii) to exercise any development right reserved to the Declarant by this Declaration or otherwise; (iii) to maintain sales offices, management offices; signs advertising the Planned Community, and models; (iv) to use easements through the common elements for the purpose of making improvements within the Planned Community or within real estate which may be added to the Planned Community; (v) to make the Planned Community part of a larger planned community or group of planned communities; (vi) to make the Planned Community subject to a Master Association; or (vii) to appoint or remove any officer or Executive Board member of the Association or any Master Association during the Declarant Control Period. ARTICLE II. PROPERTY RIGHTS AND EASEMENTS SECTION 1. Owners' Property Rights and Easement of Enjoyment. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association may make and amend reasonable rules and regulations governing use of the Common Elements by the Owners; (b) The Association may grant a security interest in or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by at least eighty percent (80%) of the Members, excluding the Developer; provided, however, that the Association may without the consent of the Owners grant easements, leases, licenses and concessions through or over the Common Elements. No conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of access or support. 3 S:\WOJL\W BF\Declaralion-MeganW oods.wpd-vms (c) The Board of Directors on behalf of the Association, as a Common Expense, may at all times keep the Common Elements and other assets of the Association, if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. SECTION 2. Easements in Favor of Declarant and the Association. The followinc easements are reserved to Declarant and the Association, their successors and assigns: (a) easements as necessary in the lands constituting the Common Elements and the rear, front and side ten feet of each Lot for the installation and maintenance of utilities and drainage facilities; including the right of Declarant and the Association to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of the county where the Planned Community is located; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance; and the right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the owner of such Lot. No structures or plantings or other material shall be placed or permitted to remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion. These easement areas (whether or not shown on the recorded plats for the Planned Community) and improvements within such areas shall be maintained by the respective Owner except those for which a public authority or utility company is responsible. (b) easements over all private streets, if any, access easements, and Common Elements within the Planned Community as necessary to provide access, ingress and egress, to any Additional Property. 4 S:\WOJL\W BF\Decla rat ion-MeganWoodsmpd-vms (c) an easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Elements located thereon, if any, at all reasonable times to perform any maintenance and repair to the Limited Common Elements required by this Declaration. This easement shall also run in favor of the Association and the Association's agents, employees, successors and assigns. SECTION 3. Other Easements. The following easements are granted by Declarant to others: (a) an easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Elements in the performance of their duties. (b) in case of any emergency originating in or threatening any Lot or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person authorized by it, shall have the right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners, and such right of entry shall be immediate. (c) the Association is granted an easement over each Lot for the purposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4. Nature of Easements. All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in the Property or any Additional Property, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III. HOMEOWNERS' ASSOCIATION SECTION 1. Formation of Association. The Association shall be incorporated no later than the date the first Lot in the Planned Community is conveyed. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and any Limited Common Elements in 5 SAWOJL\W BF\Declaration -Mega nWoods.wpd-vets accordance with this Declaration, its Charter and Bylaws The Association shall be empowered to perform and/or exercise those powers set forth in the Act as it may be amended from time to time, in addition to any powers and authority otherwise granted to it. SECTION 2. Membership. Every Lot Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Lot ownership. SECTION 3. Voting Rights. The Association shall have two classes of voting Membership. Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be case with respect to any Lot. Fractional voting with respect to any Lot is prohibited. Class B. The Declarant shall be a Class B Member 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 any of the following events, whichever occurs earlier: (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership; or (b) on December 31, 2005; or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. The period during which there is Class B Membership is sometimes referred to herein as the "Declarant Control Period". SECTION 4. Government Permits. Obligations under all government permits for the Development shall be the obligation of the Association on the following teFms and conditions: (a) General. After completion of construction of any facilities required to be constructed by Declarant pursuant to permits, agreements and easements for the Development, all duties, obligations, rights and privileges of the Declarant under any water, sewer, stormwater and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, 6 S:\W OJL\W BF\Declaration-MeganW oods.wpd-vms shall be the duties, rights, obligations, privileges and the responsibility of the Association, notwithstanding that such agreements, easements or permits have not been assigned or the responsibilities thereunder specifically assumed by the Association. (b) Stormwater Permit(s). Any stormwater retention ponds and related facilities for the Development which have or are to be constructed by or on behalf of Declarant constitute Common Elements and the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities. The Association and each of its Members agree that at anytime after (i) all work required under any stormwater permits for the Development has been completed, and (ii) the Developer is not prohibited underthe NC Department of Environment and Natural Resources (DENR) regulations from transferring the stormwater permit(s) for the Developement to the Association, the . Association's officers wihtout any vote or approval of Lot Owners, and within 10 days after being requested to do so, will sign all documents required by DENR for the stormwater permit(s) to be transferred to the Association; provided, however, that at the time the Developer requests that the Association accept transfer of the stormwater permit(s), the Developer has delivered to the Association a certificate from an engineer licensed in the State of North Carolina, dated no more than 45 days before the date of the request, that all stormwater retention ponds, swales and related facilities are constructed in accordance with the plans and specifications therefore. The Association shall indemnify and hold harmless the Developer form any obligations and costs under any stormwater permits or for operation and maintenance of the stormwater retention ponds and related facilities, except during the Declarant Control Period, the Developer shall be responsible for repairing any damage to such facilities caused by development activities. The Developer shall not be responsible for damages to stormwater retention ponds and related facilities caused by construction of residences or other activities by Owners, their agents and contractors, upon their Lots. If the Association fails to sign the documents required by this paragraph, the Developer shall be entitled to specific performance in the courts of North Carolina requiring that the appropriate Association officers sign all documents necessary for the stormwater permit(s) to be transferred to the Association. Failure of the officers to sign as provided herein shall not relieve the Association of its obligations under this section. In addition, each Owner for the Owner, the Owner's heirs, successors and assigns, by acceptance of a deed from the Declarant for a Lot, hereby irrevocably appoints Terry F. Turner as the Owner's attorney in fact, on behalf of the Owner and the Association, to sign all documents required by DENR necessary for the stormwater permit(s) to be transferred to the Association; provided, however, that the Declarant shall first have requested as provided above that an officer of the Association execute such documents and any officer has failed to do so within the time provided. SECTION 5. Common Elements. The Association shall at its sole cost and expense be responsible for the operation and maintenance of each Common Element within the Development form the date of completion of its construction or improvement by the Developer, whether or not such Common Element has actually been deeded to the 7 S AWOJL\W BF\DeclaraIion-MeganWoodsmpd-wns Association, or (ii) any permit issued by a governmental agency to Declarant for the construction and operation of the Common Elements has been transferred from the Declarant to the Association. If the Declarant is required by any government agency to provide any operation or maintenance activities to a Common Element for which the Association is liable to perform such operation and maintenance pursuant to this section, then the Association agrees to reimburse the Declarant the cost of such operation and maintenance within 30 days after Declarant renders a bill to the Association therefor. The Association agrees to levy a special assessment to cover the amount of such bill if it does not have other sufficient funds available. Declarant shall be entitled to specific performance to require the Association to levy and collect such special assessment. ARTICLE IV. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot Owner covenants and agrees to pay to the Association the following assessments (collectively the "Assessments"): (a) Annual Assessments; (b) Special Assessments for Capital Improvements; (c) Insurance Assessments; (d) Ad Valorem Tax Assessments; and (e) Working Capital Assessments. The 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 respective Lot against which the Assessments are made. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Property and Additional Property and for the maintenance, repair and replacement of the Common Elements and any Limited Common Elements. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Operations, maintenance and improvement of the Common 8 S:\W OJL\W BF\Declaration-MeganWoods.wpd-vms Elements, and any Limited Common Elements, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmen- tal charges; establishing working capital; paying dues and assessments to any organization or master association of which the Association is a member; and in addition, doing any other things necessary or desirable in the opinion of the Association to keep the Common Elements and Limited Common Elements in good operating order and repair. SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year. Within 30 days after adoption of the proposed budget for the Planned Community, the Executive Board shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification, including a statement that the budget may be ratified without a .quorum. The budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board. The Annual Assessment for each Lot shall be established based on the annual budget thus adopted ;provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The due date for payment shall be established by the Executive Board. The Executive Board shall have the authority to require the assessments to be paid in periodic installments. 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. SECTION 4. Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the 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 Elements and any Limited Common Elements, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of any meeting of Owners called for the purpose of approving Special Assessments shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the annual cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment. 9 SAWOJL\W BF\Decla rat ion-Mega nWoods.wpd-vets SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay such ad valorem taxes in such year not included as a component of the Annual Assessment. SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed to an Owner by Declarant, the Owner shall pay the sum of $ to the Association as working capital to be used for operating and capital expenses of the Association. Amounts paid into the working capital fund are not to be considered as advance payment of the Annual or any other assessments. SECTION 8. Rate of Assessment. The Association may differentiate in the amount of Assessments charged when a reasonable basis for distinction exists, such as between vacant Lots of record and Lots of record with completed dwellings for which certificates of occupancy have been issued by the appropriate governmental authority, or when any other substantial difference as a ground of distinction exists between Lots. However, Assessments must be fixed at a uniform rate for all Lots similarly situated. SECTION 9. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. The Association may also establish and collect late fees for delinquent installments. SECTION 11. Lien for Assessments. The Association may file alien against a Lot when any Assessment levied against said Lot remains unpaid for a period of 30 days or longer. - (a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record in the office of the Clerk of Superior Court of the county in which the Lot is located. The Association may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines, interest, and other charges imposed pursuant 10 S:\WOJL\W BF\Declaration-MeganW oodsmiad-vms to Sections 47E-3-102, 47F-3-107, 47F-3-107A and 47F-3-115 of the Act are enforceable as Assessments. (b) The lien under this section shall be prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. (c) The lien for unpaid assessments is extinguished unless proceedings to enforce the tax lien are instituted within three years after the docketing of the claim of lien in the office of the Clerk of Superior Court. (d) Any judgment, decree, or order in any action brought under this section shall include costs and reasonable attorneys' fees for the prevailing party. (e) Where the holder of a first mortgage or deed of trust of record, or other purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common Expenses collectible from all of the Lot Owners including such purchaser, its heirs, successors and assigns. (f) A claim of lien shall set forth the name and address of the Association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. ARTICLE V. RIGHTS OF DEVELOPER The Declarant shall have, and there is hereby reserved to the Declarant, the Special Declarant Rights as herein defined and the following rights, powers and privileges which shall be in addition to the Special Declarant Rights and any other rights, powers and privileges reserved to the Declarant herein: SECTION 1. The Architectural Control Committee. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own any Lot within the Property or any Additional Property. 11 S:\WOJL\W BF\Declaration-MeganWoods.wpd-vms SECTION 2. Plan of Planned Community. The right to change, alter or redesignate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Planned Community including, but not limited to, the right to change, alter or redesignate road, utility and drainage facilities and easements and to change, alter or redesignate such other present and proposed amenities, Common Elements, or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re- plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots; to further subdivide tracts or Lots shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from such recombination shall be treated as one Lot for purposes of Assessments); to eliminate .from this Declaration Lots that are not otherwise buildable or are needed for access or are needed for use as public or private roads or access areas, whether serving the Planned Community or other property or are needed for Common Elements or amenities, and to take such steps as are reasonably necessary to make such re-platted Lots or tracts suitable and fit as a building site or access area or roadway or Common Elements. SECTION 3. Amendment of Declaration by the Declarant. This Declaration may be amended without member approval by the Declarant, or the Board of the Association, as the case may be, as follows: (a) In any respect, prior to the sale of the first Lot. reproduction. (b) To the extent this Declaration applies to Additional Property. (c) To correct any obvious error or inconsistency in drafting, typing or (d) To qualify the Association or the Property and Additional Property, or any portion thereof, for tax-exempt status. (e) To incorporate or reflect any platting change as permitted by Section 2 of this Article V or otherwise permitted herein. (f) To conform this Declaration to the requirements of any- law or governmental agency having legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating 12 S AWOJL\WBF\Declaration-MeganWoods.wpd-vms to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Department of Veterans Affairs, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. Notwithstanding anything else herein to the contrary, only the Declarant, during the Developer Control Period, shall be entitled to amend this Declaration pursuant to this Section. SECTION 4. Annexation of Additional Property. Declarant may annex to and make a part of the Planned Community any other real property which Declarant now owns or which Declarant may hereafter acquire or develop (the "Additional Property"). Annexation of Additional Property to the Planned Community shall require the assent of 67% of the Class A Members who are voting in person or by proxy at a meeting called for this purpose, provided, however, Additional Property may be annexed to the Planned Community without the assent of the Members so long as the Additional Property is developed in accordance with the same general scheme as the other portions of the Planned Community. SECTION 5. Sales Model. So long as the Declarant or its designee shall retain ownership of any Lot, it may utilize any such Lot for offices, models or other purposes relating to the development, construction, sale or rental of Lots and dwellings, including the right to place "For Sale" or "For Rent" signs on any Lots. The Declarant may assign this limited commercial usage right to any other person or entities as it may choose. SECTION 6. Professional HOA Management. So long as the Declarant owns a Lot, and notwithstanding termination of the Declarant Control Period, the management of the Association and operation and maintenance of the Common Elements shall be provided by a professional management company selected by the Declarant. ARTICLE VI. USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to 13 S:\W OJL\W BF\Declaration-MeganWoods.wpd-vms surrounding structures and topography by the Declarant, or its designee, or, after the sale of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural Control Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Declarant, the Board, or Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Declarant, the Board, or Architectural Control Committee, as the case may be, for its .records. Neither the Declarant, the Board, nor the Architectural Control Committee shall be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. SECTION 2. Minimum Standards for Site Improvements. (a) Each dwelling shall have a minimum of 1400 square feet of enclosed, heated dwelling area; provided, however, the Architectural Control Committee may permit a dwelling to have a minimum of 1350 square feet if the Committee in its sole discretion finds that the variance will not adversely impact property values within the Planned Community. The term "enclosed, heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. (b) Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant, the Board, or the Architectural Control Committee, as the case may be; provided, however, that no structure shall be constructed closer to an adjoining property line than is permitted by applicable governmental regulations. (c) The exterior of all dwellings and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency or natural calamities. 14 S:\WOJL\W BF\Declaration -Meg anWoodsmpd-vets (d) All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Declarant, the Board or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. Fences shall be permitted on any Lot; provided, however, that the design, placement, and materials of any fence are approved by the Declarant, the Board, or the Architectural Control Committee, as the case may be. Clothes lines are not permitted on any Lot. (e) Off street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot .which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by Declarant, the Board or Architectural Control Committee. (f) All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be clear, white or non-frost lights or bulbs. SECTION 3. Use Restrictions. (a) Land Use And Building Type. No Lot shall be used for any purpose except for residential purposes. All numbered Lots are restricted for construction of one single family dwelling. No detached garages or other outbuildings shall be permitted. (b) Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole or the specific area. (c) Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Association or its designee; provided, however, that this shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on any part of the Planned Community until the construction of dwellings on all Lots and Common Elements improvements are completed. 15 S:\W OJL\W BF\Declaralion-MeganWoods.wpd-vms (d) Vehicles/Boats. No boat, motor boat, camper, trailer, motor or mobile homes, tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on any street at any time, without the written consent of the Association or its designee. No inoperable vehicle or vehicle without current registration and insurance, will be permitted on any Lot, street or Common Elements. The Association shall have the right to have all such vehicles towed away at the owner's expense. No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas and not visible from the street. (e) Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all times kept .properly leashed or under the control of their owner and do not become a nuisance to the neighborhood. (f) Statuary TV Satellite Dishes and Outside Antennas. No yard statuary or TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural Control Committee; provided, however, satellite dishes not over 18'' in diameter which cannot be seen from the street are permitted. (g) Construction in Common Elements. No person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Association. (h) Signs. No signs (including "for sale" or "for rent" signs) shall be permitted on any Lot or in the Common Elements without permission of the Board of Directors. (i) Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the period of Declarant control of the Association and thereafter by the Board of Directors of the Association. (j) Short Term Rental Prohibited. No Owner shall enter into a lease of the Owner's Lot for a period less than one year. All leases for Lots and residences--thereon shall be in writing and shall contain the following provision: Tenant acknowledges receipt of a copy of the Covenants, Conditions and Restrictions for Megan Woods and any rules and regulations adopted by Megan Woods Homeowners' Association, Inc. Violation of said covenants or rules and regulations by the tenant, the tenant's agents, guests and 16 S:\WOJL\WBF\Declaration-MeganWoods.wpd-vms invitees, shall, after the expiration of any applicable cure period, constitute a default under the terms of this lease. Each Owner shall be liable to the Association for (i) any violation of this Declaration or Association rules and regulations and (ii) for any damage to the Common Elements, committed or caused by the Owner's tenants, the tenant's agents, guests and invitees. All amounts due the Association by an Owner pursuant to the terms of this paragraph shall be added to the Owner's Annual Assessment and become a part thereof, collectible and subject to being a lien against the Owner's Lot, as provided for in this Declaration. SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat .and in good condition and repair. All shrubs, trees, grass and plantings shall be kept neatly trimmed and properly cultivated. ARTICLE VII. LOTS SUBJECT TO DECLARATION/ENFORCEMENT SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in this Declaration are for the purpose of protecting the value and desirability of the Planned Community and the Lots contained in it. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, their heirs, successors and assigns, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless terminated by the Lot Owners. SECTION 2. Enforcement and Remedies. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles of Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise provided for herein concerning the collection of Assessments, the following remedies shall be available: (a) Association to Remedy Violation. In the event an Owner (or other occupant of a Lot) is in violation of or fails to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, 17 S:\WOJL\W BF\Decla ration-Mega nWoods.wpd-vms the Executive Board or its designee, after 30-days notice, may enter upon the Lot and remedy the violation or perform the required maintenance or other activities, all at the expense of the Owner, and such entry shall not be deemed a trespass. The full amount of the cost of remedying the violation or performing such maintenance or other activities and shall be chargeable to the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall be due and payable within 30 days after Owner is billed. If not paid within said 30 day period, the amount thereof may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. In the event that any maintenance activities are necessitated to any Common or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Board of Directors of the Associa- .tion, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. Notwithstanding the foregoing, the Association shall not have a lien for the cost of any maintenance and repairs mentioned in this section if the Association is obligated to make such repairs or conduct such maintenance by virtue of yards or structures being Limited Common Elements. (b) Fines. The Association may in accordance with the procedures set forth in the Act establish a schedule of and collect fines for the violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an Owner does not pay the fine when due, the fine shall immediately become a part of and be added to the Annual Assessment against the Owner's Lot and may be enforced by the Association as all other Assessments provided for herein. (c) Suspension of Services and Privileges. The Association may in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of access to Lots) for any period during which any Assessments against the Owner's lot remain unpaid for at least 30 days or for any period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or Rules and Regulations. SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are in addition to any other remedies provided by law. ARTICLE VIII. GENERAL PROVISIONS SECTION 1. Enforcement Of Storm Water Runoff Regulations. No Lot, nor that portion of the street right of way between the edge of the pavement and the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, 18 5:\WOJI\W BF\Deciaration-MeganWoods.wpd-vms slate or similar material (but excluding wood decking and the water surface of swimming pools), in excess of the following square footages (Lots within any CAMA Areas of Environmental Concern may be subject to a reduction in allowable built-upon area due to CAMA regulations): 5000 sq. ft. Roadside or lot line swales may not be filled, piped or altered except as necessary to provide a minimum driveway crossing. All runoff from Lots must drain into the permitted stormwater system, which system may not be altered from the approved plan without the consent of the State of North Carolina. For curb and gutter projects, no one may pipe, fill in, or alter any Lot line swale used to meet North Carolina Stormwater Management Permit .requirements. These covenants are intended to insure continued compliance with the stormwater permit for the Property issued by the State of North Carolina and, therefore, may not be changed or deleted without the consent of the State. SECTION 2. Conservation Areas. In developing the subdivision, the Declarant has agreed with the Department of the Army, Corps of Engineers, to restrict and prohibit any future filling or other detrimental activities in the Conservation Areas, which presently exist in the subdivision. All Conservation Areas shown and delineated on the subdivision plan for the Property referred to in the preamble to this Declaration shall be left in their natural state. No buildings or site improvements shall be permitted within the Conservation Areas; however, piers or pile-supported walkways are permitted. Prohibited activities shall include denuding, clearing, cutting of trees, seeding, or altering the existing grade of any Conservation Area. No fill may be placed in any Conservation Area, nor may any excavation be performed in any Conservation Area. This covenant is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District (Action ID No. 199900544), and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it. Notwithstanding any other provisions contained herein, this paragraph may not be amended, deleted, revised without the written consent of the United States Army, Corps of Engineers, Wilmington District. SECTION 3. Rights of Institutional Note Holders. Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Planned Community or the Property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in the payment of assessments or charges owed by any Owner of any property which is security for the loan, (f) receive written notice of a lapse, cancellation, or material modification of 19 S:\WOJL\W BF\Declaratio n-MeganWoods.wpd-vms any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the content of a specified percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. SECTION 4. Utility Service. Declarant reserves the right to subject the Property to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, impact fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Lots. In the alternative, the Developer may collect such connection, impact and other fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the companies/governmental .units servicing the Planned Community. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Declarant or the Association. SECTION 5. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 6. Amendment of Declaration. Except in cases of amendments that may be executed by the Declarant under this Declaration or by certain Lot Owners under Section 47E-2-118(b) of the Act, this Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the Declarant if necessary for the exercise of any Special Declarant Right or development or other right reserved to the Declarant herein. SECTION 7. FHA/VA Approval. So long as there is Class B membership, annexation of Additional Properties, dedication of Common Elements and amendments to this Declaration must be approved by the Federal Housing Administration and/or the Department of Veterans Affairs, as the case may be, if either of those agencies has approved the making, insuring or guaranteeing of mortgage loans within the Planned Community. SECTION 8. North Carolina Planned Community Act. It is the intent of the Declarant to comply with the requirements imposed on the Planned Community by the Act and to the extent any of the terms of this Declaration violate the Act, the terms of the Act shall control. 20 S:\WOJL\W BF\Declaratio n-MeganWoodsmpd-vms IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be executed in their corporate name and the corporate seal affixed by its duly authorized officers as of the day and year first above written. W.B.F., INC. ATTEST: Secretary (CORPORATE SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER By: I, a Notary Public of the County and State aforesaid, certify that , personally came before me this day and acknowledged that he is the Secretary of W.B.F., Inc., a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. WITNESS my hand and official stamp or seal, this day of , 2001. Notary Public My commission expires: (SEAL) 21 S:\W OJL\W BF\Declaralion-MeganWoods.wpd-vms 4 EXHIBIT MAP 3 INV. 22.5 15 1525 W e EX I G TOB / i 1 \ I I 1\ 1 - \ r SSMH NO. 2A 101 (T I I e 1 X I NCDOT TYPE I STOP SIGN I C.I. N0. 1 RIM 24.0 V. DETENTION POND - TOP OF 8, 4 K 24.0 FLOOD PO L 21.25 NORMAL POOL 20.5 BOTTOM 13.0 I'? UND I I? I va t ion II ? I• I? --X 3.1 7 ?- T0r 15? X 25. GS 1536 X 25.3 GS 1537 X 25.3 GS I/I SDMH NO. 2 I TOP 25.5 INV. 19.4 I I 30' DRAIN E EASEMENT 8 SDMH NO. 1 TOP 24.75 INV. 20.0 L 24" INV. 20. 8 (1) FIRE HYDRANT ASSEMBLY - K N1. ?1? 8"x2° TE t7IM :2,, 1 B" GATE ALVE September 5, 2001 \ Conservation Area Scale: 1"=50' Project No.:(SURS-97115) _ Exhibit Map Drawn By. Paul Talbot 50' 25' 0' 50' EXHIBIT FOR: Terry F. Truner k Co. HOBBS SURVEYING COMPANY, INC. P.O. Box 4517 , Wilmington, NC 28406 7225 Wrightsville Ave. © Suite 103 Conservation Area Megan Woods Wilmington,. NC 28403 Masonboro Twsp., New Hanover County, N.C. Office: (910)256-0002 0 Fax: (910)256-6180 1 36 37 REVISIONS SITE ahe. 3$ o. s Date Description By ww roe ~ - - 35 ~ 5' i ~ . , ~4vyp r '+w . ~ 61 60 59 y r,,,~ c o ~q P~ ~y ~ ~ 4 T 4" EXIST. SWALE EXIST. SWALE NTS ~ 1 ~1 EXIST 24" RCP TO BE UPGRADED WITH 36" RCP. \ ~ t~ MATCH EXIST. SWALE GRADES o ~ Halc n \ Yo to = Halc n Forest Yo \ ~ 0 Pha~ Phase I NTS i ~ u U M.B. 3 1 ~ ~ -s M.6. 35/296 ~ ~ N ~ 1 ~ . r r . \ \ ~t ti 0 11 \ ~ ~ i I \ ~ N 1 1 10 u 13 1 \ - 9 a $ D.I. N0.1 \ - ~ 7 R ~ 7 IM 24.0 _ ~ \ 11 ~ 6 INV. 20.27 a. ~1 DETENTION POND \ 1 11 - ,1 roP OF BANK z4.a 20' RIP- M EN E E ERG CY D.I. N0.2 SPIL W Y L A IN .23.5 RIM 24.5 1 \ 1~ FLOOD PO L 21.25 I NV, 20.45 ~ \ - \ NORMAL P L 20.5 1 \ _ 11 ---e~-~. swntE U --3s"-~ ~ 1 3 BOTTOM 13.0 1 _ 2 ' 1 t1 - \ 11 Q 1 ~ 3.1 S ~ 1 iN .,....-J-N . \ 11 INV. 22.5 \ ~~1 3N mss.-,-.r1-. 1 G .r 36 F.E.S~ INV. 20.25 A ~ ~ w/10 x15 x18 E.D. ~ ~ .QQ I 1 I I Z W ~ 25.9 Existing San. 1 1 -"F~ ~ ~ F~ o Sewer Manhole Top 24.72 \ ¦ ~ Mti 1: ~3 j4 WATER METER (TYP) a; Inv 13.91 \ ~ w UTLET STRUCTURE ~ i ° 25. ti ~ sEE DETaL) U 1 1. 1 1 a0i N . - I Z W 25.8 M ~ ~ 3 - /4 WATER METER (TYP) SSMH NO • e ~ ~ , 2A ~ ~ 26.4 W MH N0. 3A ~ la /i • , • E-+ s 1 Q 1~ ~ GE ME ' RAINA ~r ~i~ 1~ ° 25.8 10 D UND ' DSCAP ~s 5 cAc MENT ~ N T1(PICAL ALL ~ . _ 1 ( L1~ *k w •~N,~ • ti`' 0 25,3 1 ~ N V _ \ ~ \ ~ N ~ ~ w 1 2 BLOWOF ~ \ ~ (1) 2 BLOWOFF 1 ~ ASSEMBLY ASSEMBLY w ~i w 1 , w H 0 1 , ~ ~ ~ Emerson wll and . ~ e / 1 ~ a~ 0 25.3 1 1 ry ~:t \ / ~ ~ D.B. 146-8 r 2 ~ ~ ~ 1~ •'iJ \ Q •t ~0 1 ~ o i air ~ ° 25,4 e ~ 26.p _ ~ w 1~'° m a~~ `G C • ~ G i ~ F ~ H 1 ~ a ~ ~ ~ ~ m,~ ~ „ 1 1 ~ G 30 F.E.S. I~ 30 F.E.S. INV. 19.2 ~ fir! 4 ~ ~ ~ , 1 ~ Y w/10 x15 x1! 0 \ 4, ~ w/10'x15'x18" E.D. _ \ 1 1 1 ~ SDMH N0. 2 1 \ 0 1 TOP 25.5 ~ \ 1 ~ INV. 19.4 O C.I. N0. 7 w ~ 0 ~ NCDOT TYPE ~ p 30 DRAINAGE EASEMENT RIM 24.0 ~ 0 55 SSMH N0. 1 E ~2 ~aa, \ STOP SIGN a. ap , ~ \ NCDOT TYPE INV. 21. / STOP SIGN / '~1 1 e / R W & Stre t ~ / e M-"1 / G EXIST. SSMH 8210.23 1 to C.i. N0. 1 C.I. N0. 3 ' RIM 24.0 -RIM 24.0 PHASE I, AREA 3 1 ~ ~.5 V. ~ PROP SED stub-out SP IL C.I. N0. 6 for future PG 14 OF 24 ,1Q? \ .21.1 1 SSMH NO SDMH N0. 1 0 (2:1 AX. RIM 24.0 r extension.. ~ TOP 26.0 ~ i ''~``~,w SLO S) INV. 21.6 a" N ~ \ 10 1 E TOP 24.75 INV. 15.0 1'~' d \ 1 ~opo~ ~ v. 20.0 INV 23. N p SSG 4 V. 0.5 DOGHOUSE 1 S'Ip ~ ~ C.I. " 0 C.I. N0. 5 / ASSEMBLY ~ O ~ 1 s r 1•. SSMH NC. 1 RIM RIM 24.0 / ~ H ~ r' O mt. / cn a • 50 GRAVELLED ~ ~ N _ 1. 10 Utili,_,Y, s I~ ~ ~ v 2 " ~ / 1 8"x2" TEE o • .p ~ 0 I a ? / " VALVE ~ ~ ~ ~ ~ CONSTRUCTION 1 8 GATE I 1 2 GAT rt z NTRAN L r~,. ~ti a E VALVE ~ t0 ~p ~ SSMH N0. 1 B .r / li ~ z PUBLIC R~) SSMH N0. i D ~ ~ I I - (40 MATCH EXISTIt,'G N w-. ASPHALT GRACE 24.71 (1) FIRE HYDRANT -N 0 O O c~ \ ~ ~ ASSEMBLY C.T. N0. 8 (1) FlRE HYDRAN ~ a RIti! ASSEMBLY ~ W O a cP C.I, N0. 2 • a1 RIM 24.0 ~ ~ , N M 24.0 ~ ~ - - ~ Esmt. INV. 21.9 U ~ ~ 1 1 6Nx2 TE INV. 21.4 M 0. 1C 10 Utili~t L._,_. F..~ m 0. 1 C a \ ' \ 1 8N GATE ALVE C, Cn 0 C.I. N0. 4 ~ ~ ~ r+ • ai IN .127.9 TST 1 1 2 GATE ALVE N RI N N ~ 3/4 WATER METER (TYP) 1 8 TEE IN RIM 24.0 ~~aw INV. 21.2 ~ 2 8 GATE VALVES 1 DR'r' JACK & BORE '1 ~ 1 a ~ , f.A 50 LF 16 CASING ~ ~ c~ 1 ~ N of ,r 60 LF 8 Cl 51 DIP ?I \ ti 1 o~ \ p~ a~ • f- 1 a a, ~ \~1~ ,~~r w ~ S a-' Q„ \ ~ , '~,......••0 25,3 ~~~ititiuuiUr 1 ~ • ' a,ao 927.46 ~ rr~i ~i s~ ~ .......*'25"1 2'x"1 ..1 e 62 0123 W . N N ~ ,i ` . ' 9 a 1 , r v 1 ~ \ ~ w,~ )ATE Pl~3N1;ED _ ~ ~ , . - o \ ~ - ~ : MAR 16 2001 ; S ; 17374 Y~' 1 LEND ..J 1 N . NOTE: ALL ROOF DRAINS TO BE DIRECTED , • TO THE POND. ' ~ k ~ --32- EXISTING CONTOUR 1 1 •29.83 W.~1. Willard A ~ \ \ o EXISTING SPOT ELEVATION NOTE: SEWER SYSTEM TO BE EXTENDED TO COUNTY STAN ARDS. ~REGOR D.B, 1146-$70 D rrr `•l ~ 1 ~ / PROPOSED SPOT ELEVATION NOTE: CITY GROUNDWATER SYSTEM TO BE EXTENDED TO rrr~~~~~~~~ 1 1 I CITY OF WILMINGTON STANDARDS. 1 ~ CURB INLET w/INLET PROTECTION NOTE: ROADS TO BE BUILT TO NCDOT STANDARDS. DATE 10-05-00 ECTION ~ \ 1 LIMITS OF DISTURBANCE NOTE: WATER AND SEWER CROSSINGS MUST HAVE VERTICAL DESIGN PGT I CLEARANCE OF 18" MIN. 1 1 1 DRAWN MVL 1 ~ 1 3!4 WATER f~IFTFR C1TI11T•1 T1T / 1T NOTE: PIPE DOWN STREAM of PoNn nurFl nw eT Stu kGUUV craccr X11 ~I . wr. 1 I all ri V11\LLI \V . 1"IMRCP\i\1 TO BE UPGRADED FROM EXISTING 24" TO.'36\ 1 DROP INLET w IN ET PROTECTION :CTION 1 = 50 MATCH EXISTING INVERTS AND PROVIDE A 10'x15'x18" E.D. 1 1 1 ~ 1 BAR SCALE 1 "-=50' NOTE: PROJECT SHALL COMPLY WITH THE CITY'S CROSS CONNECTION CONTROL REQUIREMENTS. CALL 910-343-3910 FOR INFORMATION. NOTE: IF CONTRACTOR DESIRES TO OBTAIN CITY WATER FOR CONSTRUCTION, HE MUST APPLY IN ADVANCE AND MUST INSTALL AN RPZ DEVICE SHEET 1 OF 3 50' 25' 0' S0' f00' 150, ON HIS SIDE OF THE WATER METER. 974 5 i 36 37 REVISIONS SITE 3$ o. Date Description By Rrd fpx ~ - 35 ~ 'YN 5- ~ ~ ` r +ar0ti, r~ • ye 61 60 59 'wr k0~hy ~ G T 4" EXIST, SWALE EXIST. SWALE EXIST 24" RCP TO BE NTS UPGRADED WITH 36" RCP. 1 \ . ,a C ~ Halc n MATCH EXIST. SWALE GRADES \ Yo Haic n Forest Yo \ ~ 0 Phasi Phase I NTS \ ~ 1a~ ~ M.8.35 Q ~ i M.B. 35/296 \ 1 ` ~ ~ N \ \ ~ \ , g- - \ ~t ~ 4 11 \ I ~ u i I \ ~ c~ 10 \ \ ~ 13 1 \ ~''`1. - 9 a $ D.I. N0.1 ~ \ _ 7 RIM 24.0 5 \ 6 INV. 20,27 a F DETENTION POND \ 1 11 - 1 TOP OF BANK 24.0 20' RIP- EMERGENCY D.I. N0,2 SPILLWAY IN .23,5 RIM 24.5 - 1 \ \ ~ FLOOD PO 21.25 \ - \ NORMAL P L 20.5 \ \ _ 11 BOTTO ~ ..,..,a... ,.r_. ~ sW>4tE U \ p 3 M 13.4 , \ 2 \11 1 \11 \ 1 ~ ING 3,1 . r ~ 0 ~ FBI 11 INV. 22.5 = ~ ~ 36" F.E.S. INV. 20.85 A ~ " O r w/10 x15 x18 E.D. ~ ~ ~ji I \ o .4 EXI ING i { f~-i \ \ ,7 _ .:s,~....:-:.~- ~ 25.9 ` ~ Existing San. \ \ _ --.ate-~.._L.,•., " P'1 .~„L~, W O Sewer Manhole Top 24.72 \ 1 \3/4 WATER METER (TYP) Inv 13.91 \ W ~ 1 UTLET STRUCTURE ~ ~ \ ~ 25. ~ ~ SEE DETAIL U ~ ~ w 25.8 ` \ \ N@ n ~ ~ 3 4 W TER METER P \ ~ / A (n) SSMH NO. 2A 26.4 x MH N0. 3A Q~' • ° ~ . / ° C~ s ~ ~ A \ EEASM DRAINAG s ,r~ 1 a 25.8 10 ROUND 5' DSCAP •o N '(Y'PICAL ALL A ( MENT O (n ~k w .ms,~ - by ~ 25,3 N V ~ ~ ~ _ 1 • ~ ~ w (1) 2 BLOWOF i { r..~ t1'i \ 1 2" BLOWO~FF \ 1 O ASSEMBLY w W \ ti~ ASSEMBLY 1 O 1 W F 1 ~ ` a ~ Emerson 1h~llard ~ ~ h ~ ~ ~ C, \ a~ 25.3 / D.6.146-871 ~ ~ / ~ ~ ~ ~ o \ . \ o o~ ~ ~ .p 2 W a~' ~ 25.4 ~ ~ -rs 1'~1 O G F E1 { 'm 0,• ~ G ~I \ m d { ~ ~ ~ " \ \ ~ G 30 F.E.S. INV „ l 30 F.E.S. INV. 19.2 ~ ~ • ~ \ 4 ~ \ ti ~ w/10 x15 x18 ~ 0 \ a w/10'x15'x18" E.D. \ 1 1 \ SDMH N0. 2 ~ \ \ 0 \ TOP 25.5 1 ° INV. 19.4 O d' \ ~ 1 •G C.I. N0. 7 ~ 0 a~, ~ NCDOT TYPE I,,~p 30 DRAINAGE EASEMENT RIM 24.0 0 SSMH N0. 1 E L\2 I 5:5 ~ 1 STOP SIGN a a~ , , ~ 1 ~ NCDOT TYPE NV. 21. ST S ~ OP IGN / R W S ~ m\ \ e / & treet t'-d ~ S~ XIST S M 10 3- 1 tJn \ C.I. N0. 1 C.I. NO. 3 E S H B2 .2 1 RIM 24A RI 24.0 PROP SED ~ stub-out SP IL C.I. N0. 6 for future p PHASE I, AREA 3 \ M ~ ~ ~.5 V. ~ 1. . PG 14 OF 24 2 1 (2:1 AX. RIM 24.0 r extension. ~ 1 \ SSMH NO SDMH N0. 1 TOP 26.0 \ 110 pE " TOP 24.75 INV. 15:0 / ~ A 1 1 Cp0 G V. 20.0 " ~ U INV 23. ~ p SS 4 V. .5 s ti' i 1 2"Bow FF o L o ~ C.I. N0. 5 / ASSEMBLY H O ~ 0 US \ Sta ~ ~ C.I. I D GHO E F SSMH N0. 1 \ ~ RIM , RIM 24.0 ~ / cn c0 ° . . 21. _,_,1 ,_.,r " ~ / 1 8"x2 TEE o ~ , p p I I a 50 GRAVELLED a,• - " ~ CONSTRU+~TION ,,,r,. ~ 1 8" GATE VALVE oo ~ Z ~ ~ tiyo 1 2 GATE VALVE{ t0 c0 ENTRANCE ° ry ~ W ~ ~ ti SSMH N~B (q0 PUBL SSMH N0. 1 D .N ~ MATCH EXISTING N ~ ~ 0 00~ ASPHALT GRADE 24.7f (i) FIRE HYDRANT "i` ~ ~ ASSEMBLY N0. 8 (1) FlRE HYDRANT ~ ~ a ASSEMBLY ~ O O a ~ C.I. NO. 2 a\ . ~ " " RIM 24.0 \ - RIM 24.0 ~ ~ U ~ ~ 10' Utility. Esmt. INV. 21.9 \ ? 1 8"x2 TE INV. 21.4 M 0. 1C 1 C H ~ C7, 0 \ ' \ 1 8" GATE AIVE C.I. C.I. N0. 4 { ~ IN .122.9 TST 1 1 2 GATE ALVE " Rllu " ° ~ # 3/4 WATER METER (TYP) 1 8" TEE as INV RIM 2a.o ~ p,, ~ w INV, 21.2 2 8 GATE VALVES 1 DR°~ JACK & BO E ~ \ " R 50 F 16 ASING ' o ~ 1 '1 ~ L C o\ 60 LF 8" CL 51 DIP 1 r \ .z, O \ 4,~ a ° a r~ ~ p~ \ r r .wr r \1\° r ~,~w" V41111i1! ,46' ° 25.3 rr~~r. a1o r r 927 ~ ~~i r r ~ ~ ~ ...,.-.•-z~r ¦'"~""2~1 ; ~ f ~ ^01'23" W • . N 62 ~ • L~ • ~ DATE PRINI~D r ; _ ' ~ - O ° MQR ~ ?a01 ; S : 17374 \ ~ L GEND 1 ~ NOTE: ALL 0 F 6 ~ . R 0 DRAINS TO BE DIRECTED ; ~ TO THE POND. '%~j ••.~Ir~~ ~ -3r EXISTING CONTOUR W.M. Willard '%'0 \ \ ° 29.83 1 \ o EXISTING SPOT ELEVATION NOTE: SEWER SYSTEM TO BE EXTENDED TO COUNTY STANDARDS. ~~i ~REGO D,B, 1146-870 rrrrrll,ii„4~~~` l 1 1 ~ PROPOSED SPOT ELEVATION NOTE: CITY GROUNDWATER SYSTEM TO BE EXTENDED TO CITY OF WILMINGTON STANDARDS, 1 ~ 1 \ CURB INLET w/INLET PROTECTION NOTE: ROADS TO B DATE 10-05-00 E BUILT TO NCDOT STANDARDS. CTION NOTE: WATER AND SEWER CROSSINGS MUST HAVE VERTICAL DESIGN PGT ~ 1 ~ LIMITS OF DISTURBANCE CLEARANCE OF 18 MIN. ~ 1 \ ~ " DRAWN MVL 1 ~ l ~/d WOTFR t~iF'TFR t~Tm~ nT 1 ~r NOTE: PIPE DOWN STREAM OF POND OUTFLOW AT KILKENNY STREET \ 1 0 11 L' rLan TO BE UPGRADED FROM EXISTING 24" TO 36" RCP. 1 DROP INLET w/INLET PROTECTION ',TION 1 50' MATCH EXISTING INVERTS AND PROVIDE A 10'x15'x18" E.D. ~ 1 AR SCALE NOTE: PROJECT SHALL COMPLY WITH THE CITY'S CROSS CONNECTION B E l-50' CONTROL REQUIREMENTS. CALL 910-343-3910 FOR INFORMATION. NOTE: IF CONTRACTOR DESIRES TO OBTAIN CITY WATER FOR CONSTRUCTION, HE MUST APPLY IN ADVANCE AND MUST INSTALL AN RPZ DEVICE SHEET 1 OF 3 50' 25' D' S0' f00' 150' ON HIS SIDE OF THE WATER METER. 9745 36 37 REVISIONS ` SITE 38 0. Descri tion B ~ Dote P Y rte. ~ Rral Fox Rd 35 kK 5- ~ ~ a 4 Nc~~ i~ a 61 60 59 ~y ~Yy ~ ~ ~r T 4" EXIST. SWALE EXIST. SWALE NTS 1 EXIST 24" RCP TO BE UPGRADED WITH 36" RCP. ~1 \ - a MATGH EXIST. SWALE GRADES a Halc r ~ Ya 1 e - Halc n Forest Ya 1 ~ 0'~ ~ ~ - Phc Phase I ~ NTS t~ ~ a ~ 1 ~ M.B. , ~ M.B. 35 296 1 1 ~ ~ ~ ~ ~ - ~ \ ~ - 1 ~ 4 1 .9- \ ~ 0 1 11 1 ~ I ~ ~ 1 I i 1 1\ N 10 ~ 1 \I 13 1 1 1 ~ 9 ~ D.I. N0.1 ~ 1 - RIM 24.0 1 _ ~ 7 5 1- 6 INV. 20 7 .2 a F 1 DETENTION POND 20 RIP- EMERGENCY D.I. N0,2 Z SPILLWAY IN .23,5 RIM 24.5 ~ \ 1 TOP OF BANK 24.0 - 1 ~ 1 \ `1 FLOOD PO 21.25 ..r--- a• ~ INV, 20.45 \ - 111 NORMAL P L 20.5 SwA~E U ~ \ - Q BOTTOM 13.0 1 ~ , - -36~-~RC. - ~~r 1 ~ 1 \ ~ ~ 3.1. S ~ #-a- „ O ~ 11 INV. 22.5 - ~ -9~ G~.....~ Q 'nom..--. ~..,r. ~..r / " ~ ~ 36 F.E,S. INV. 20.Eb A ~ 1 \ , \ ~ o - --S - r w/10 x15 x18 E.D. ~ ~ ~ 1 \ 1\ E i ~ ~i . w ~ 25.9 xi tin San. \ - E s g ~ w ~ ~ " ~•s w O Sewer Manhole X3/4 WATER METER (TYP) Top 24.72 Inv 13.91 \ LJ W i \ \ 0 25. UTLET STRUCTURE ti SEE DETWL r U ~i ~ \ 1 1. 1 W 25.8 ~ 1 \ `'rn " ~ ~ 3 4 WATER METER TYP 26.4 x • MH N0. 3A ~ ~ Q', \ ~ / ( ) SSMH N0, 2A ~ • E" ~ s ~ Q \a /i E ~ ~ cE p ORAINA . 5 DSCAP .4 s .r~ 1 ~ 0 25.8 1 AROUND ' TYPICAL ~-L ~ ~ EAS ME cn . Nr • 1 "S ( N,~ - ,yh~ a 25.3 Z N 1 1 1 ~ " ~ ) fl w / \ (1) 2 BLOWOF , ( E..~ Q'i / Q 1 1 2" 6LOWOFF 1 ~ O SEMB Y w Z AS L W \ ~ ASSEMBLY 1. ~ H O 1 w Ey 1 ~ I ~i \ ~ Emerson Vl~llard ~ ~ < rh . 1 I \ ~ a s 25.3 D.B. 146-872 ~ ~ Z m 'G ~'N o ~ N 1 , 1 0 0~ ~ 1 . a~' 0 25.4 r i '^_~2 W . ~ -.6 H ~ ~ 0. ~ t ~ / " 1 ~ ~ ~ ~ 30 F.E.S. ~ i / " I''' • 30 F.E S. INV. 19.2 w/10'x15'x18" E.D. \ 0 \ p. +1 ~ DM 0 2 \ 1 ~ S H N . ~ 10 1 TOP 25.5 ~ • INV. 19.4 O 1 \ . Y!` C.I. N0. 7 N w Op 1 G ° 0 a~, ~ NCDOT TYpE 30' DRAINAGE EASEMENT RIM 24.0 0 5 SSMH N0. 1 E n2 ~ ~ ,r STOP SIGN a NCDOT TYKE INV. 21. STOP SIGt1 ~ GS mC 1 1 ,x R/W & Street F-"I i ~ _ \ C,I, N0, 1 C.I. N0. 3 EXIST. SSMH 6210.23 ~ RIM 24.p RIM 24.0 PROP SED ~ stub-out PHASE I, AREA 3 1 ~ ~.5 V, y .21.1 SP IL C.I. N0. fi for future p (2:1 AX. RIM 24.0 r extension. ~ PG 14 OF 24 \ Jt 1 SSMH NO SDMH N0. 1 TOP 26.0 ~ \ Sl0 S INV.21.ri 8" u~i ~ 1 r1 P~ " TOP 24.75 INV. 15.0 ~ T~ A \ \ C 0 G V. 20.0 INV 23. N p S~ 4 V. .5 r ~ 1 S'(© ~ ~ C. DOGHOUSE: r SSMH N0. 1 1 s ~r-•. RI C.I. N0. 5 / ASSEMBLY E..4 ~ O ~ cn c0 RIM 24.0 ~ ~ to p' Utili~C., smt. ~ u7 v . 21. 1 " 1 8"x2" TEE o• , 0 a a. ~ - " 50 GRAVrLLED ~ 1 8" GATE VALVE oo ~ Z C+0 ~ c; CONSTRUCTION ENTRANCE a rye. 1 2 GATE VALVE ~ tp c0 ~4 ~ ~ . ~ W h i ~ ~ W 1 a SSMH Nr~ 16 ' LIC R/W) SSMH N0. 1 , ~ I I (40 PUB D MATCH EXISTINv N r.. O O O z ~ r+ m ASPHALT GRADh 24.71 (1) FIRE HYDRANT C^. N0. 8 (1) FIRE HYDRAN ~ O a ASSEMBLY ~i ~ O ~ ~ ASSEMBLY ~ C,I. N0. 2 R6A 24.0 ~ ~ a-- i^"Esmt. IN`r. 21.9 U ~ • ~ ~ ~ " RIM 24.0 t 1 ! 1 8x2 TE INV. 21.4 M 0. 1C 10 Ut~l y_._. h..~ ~ 0. 1 C "'a \ ~ 1 1 8~~ GATE ALVE C.I. N0. 4 ~ e1 ~ U N .122.9 1 2 GATE ALVE " " TST #1 3/4 WATER METER (TYP) RIM 24.0 E"~ ~~aw I 1 8" TEE O, 2 8 GATE VALVES INV, 21.2 1 DRY JACK & BO E ~ \ 50 F 16 ASING ' ~ ~ \ ~ L C o~ 60 LF +3 CL 51 DIP \ r 1 O~ \ p~ . _ _ ~ ~ a, \ ~ . OV ~ a \ • 1 '"+'"""~"...~0 25.3 ~~~~tii~uurrl~ . • . " a aiT ~ 927.46 r wr *3 , ~ •o ~ ~ r.~n e ° ~ 62 0123 1 ` 1 w , N ~A'I')r P~IIVIED ~ , r ~ \ ~ 1 • w w O ~ • _'v : ~ - y : 17374'~Y~ MAR 16 2001 , ~ ; \ ' L GEND 1 NOTE: ALL ROOF DRAINS TO BE DIRECTED ; ~ ~ TO THE POND. ;~j ••.~??G~NE,~,~`.`•r -3~- EXISTING CONTOUR w.M. Willard 1 ` • 29.63 ~ \ \ o EXISTINv SPOT ELEVATION NOTE: SEWER SYSTEM TO BE EXTENDED TO COUNTY S ~'~i ~REGOR I TANDARI)S. ~rrr 1~~~ `,f D.B. 1146-874 NOTE: CITY GROUNDWAT R rrrnn?t 1 ~ 1 E SYSTEM TO BE EXTENDED TO ~N CITY OF WILMINGTON STANDARDS. 1 ~ ~ PROPOSED SPOT ELEVATION \ 1 \ CURE INLET w/INLET PROTECTION NOTE: ROADS TO BE BUILT TO NCDOT STAND D DATE 10-05-00 )TECTION ~ S. ~ \ \ LIMIT OF DISTURB CE NOTE: WATER AND SEWER CROSSINGS MUST HAVE VERTICAL DESIGN PGT CLEARANCE OF 18" MIN. S AN \ DRAWN MVL 1 h , ~ ~ 1 i" w.Trn urrrn NOTE: PIPE DOWN STREAIJ aF P~Nn nr ire nw et ku kFtitiv crR~cr J/9 VIMIGR Mr-MM ~l I L N TO BE UPGRADED FROM EXISTING 24" TO 36" RCP. 1 1 11 1 DROP INLET w/INLET PROTECTION ITECTION 77= 50' MATCH EXISTING INVERTS AND PROVIDE A 10'x15'x18" E.D. 1 1 ' NOTE: PROJECT SHALL COMPLY WITH THE CITY'S CROSS CONNECTION c 1 BAR SCALE 1 50 ' 1 ~ CONTROL REQUIREMENTS. CALL 910-343-3910 FOR INFORMATION. NOTE: IF CONTRACTOR DESIRES TO OBTAIN CITY WATER FOR CONSTRUCTION, HE MUST APPLY IN ADVANCE AND MUST INSTALL AN RPZ DEVICE 50' 25' 0' S0' 100' 150' SHEET1 OF 3 ON HIS SIDE OF THE WATER METER. 9745 2400-9SZ (OT8) ~'ataJ, EOb9z guctcaea ~}.tox uFcuttg 60i a~mS - anuaay aii~~~~bl Szz~ s '3~Mt/WGi10 NOIld1N3WG34 GPM N0140213 •107J3 ~0 6anxw plat) ~p 1104.11Pl10J 3Hl tflUll 3aPMG?J00~ W G3W9'190 41 OOT9-69d (Oi6) ~'aias tO~BZ ~emloae0 q~ox 'ao~8 .!t wo dwoo ~ pa~~ fiyda~6odol llWa3d b 111Nn 3JN3WJ00 ~lbh~ NDI1~114N0'j ON 'L 'i9lxa iou 9cop fioloedeo .romc+v aienbope'x~6u3 6'w^o0 0~ !o uolWdo a{i ul !1'plawilm aA Rew uolvlnlpcpw ~e~~S ~n~~~~0 x,05 1.1311 IdW~Rl10 ~ W olyl !O 9YOIl'Jat !O lenOxlde field ~eUl! ~~/pue 9ilwmd 9u0liea0d0 pue uOli~ui9uo~ CHI d~~KI~ N dd Id GhP10~ dIN4Ndt•DfL{Onl d0 .lll'MnD 3h1114'd31 !b Ol uan~v JOiemJOivn~^ dW13d '-'-"-"'-!o miiol Ienadde ayi ul pooua~a a G3alldd3a 39 ~'MM4 6W311 G304'WV'a NOIl~Il8N00 vb' 'Nixo iou fiver 6ipedva ~oata9'9a1i1110e! iuowievxl Jaiamaivem v fiwn ! 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L 1 - ZLtt ~1 ~ ~ , W ~ • ' ___•611.--------- •ue46u1i91x3 ~ ~ £'OZ 'ANI p - ___------1-~, ~ ~ ~ ~ _ _ _ ~ _ ...~tZ- - - 1-- - 9 dI3 ,6 - - o'~~ Ivol~oe L~ S'OZ 100d lVIYbON z ~ ~ L jai p~ our 5 ~ 6 z• ~ z food ooo~ ~ 0'SZ NNVB d0 d01 d~ ~ uo ~ ~ f ~ 1 1Jl UNOd NOWI3130 9 A ~fp L C~ \1 '~aa ~ s S v~ kgrj \ , ~ ~rl D i1 ~~y ml d 11 u H II ~ I u OSS l'd~ . _ ~°as ~1 1 ay 4~ ~,yh /aye h r~ rD''1 ain °c ~s 96ZJ~E 9'W s.. ~1 ~ ~ 11 y ~ 1~ ~ ~ ~saao uofi~ e 11 ~ IN 0 d` 1 a s ~ ".r ~ V Py xod wb DID AL Scald LP I Site rM Pines II °G Rtd f°x Rd p ae' ~,a k« .°i R' 11 a 0 Na Ic on Forest e ~ 1 ~ 0 ar ~ ° 4 7~ 1 Phase I 11 MB. 3*~/296 M°~aho d 11 ~ ' R r a, ~ 11 11 r f sya~ ~ ~ _ ~P2 9 CP.1550 11 I 11 •t ~ ~ 11 1 ~MtkP 0 y a 1\ ~ 13 r \ S 9 ^°as c~ N°r~y Rq 5 ~ err ~ 6 DETENTION POND N p vicinit i"I~ oNO y p 1 \1 TOP OF BANK 25.0 3ANK 25.0 g lNo Scale) ~ 1\ FLOOD POOL 21.2 ~ 15 ~oL 2.2 _ 747 11 NORMAL POOL 20.5 11 3 BoTroM X3.0 POOL 20.5 _ 1\ ~ 2 13.0 _ - g' EIP 11 6_ ___-----1. 11 ~ _ - 1\„ ~4 3 30' p'dlne9e E_.._ T- ~ v 11'' r _ ~ _ 111 - - a . - / ~ ~ 1\ _ _ __---+'I~-_ INV. 20.3 ~ ~ ~ _ _a 0' Buffer and , . '~-1 _ - 2 . h i e~ ~ 0 I t:xleting SAn. _ - - - - - ZI9' - + • r•- ' 0 Sewer Manhol . + • 'y nj 15,523 1 ~ \ OUTLET STRUCTURE ` la,~e0 e.f. ~ ~?6 _ w T 14.,1 5 » ~ 1 5 INV• 20.5 ~ Inv 13.91 ~ 1 W ~ 3 6 I5 0 e.!'. 5 ~ N 1 1 ~ T 1813, er E N _ _ ' " ~I E _ 1 /41. ~ ~ ' - , - SSMH N0. 2A SSMH N0. 1 E ~ 1 / ~ 1 4J \ i3b89 e!. \ 1 ~1 h ~s \ • N ~ '3' b ~ ,1 h~ 0~ ~,1 ti N ~ NP N ~ ~ ~ . N 13 G _ 1 ~ 1 2" Bl.owoFF 1 " I ~ ~ 2 BLOWOFF ~ ~ 1 0 1 ASSEMBLY s ~ u ASSEMBLY ~ ~ w 1 1 1 g ~ 1 ~ I1345 er. 6 B ~ w e' ~ i'1,126 e.f. ~ ' 1 1 ~ ~ ~meraorl Ulf I la d ~ ~ i1 1 a ~ D.B. 146-8'12 \ 0, , \ ,av ID,908 e.f. ~ ~ a ~ ~ - -?6 @ 13~' ' Preliminar Curve table to g, , • y ' ~ ~ 36' F,E.S. 9 e.rUPLANO Curve Radlu9 Len th ~ ~ INV• 18.5 g 11,803 e.f. i~ ~ UPLAND I 310' 191' 1 ~ r ~4' , - 14 , A 1922 e.r. N 1 51fD' 156' , \ T 4 ,4' 3 510 143 1 , 4 31f~' 94' \ 149 11,196 e.F. 5 310' 63' J \ C.I• N0. 7 ~ RIM 24.0 1 a ~ U g INV. 21.4 ~ R/W t Street 'S \ C.I. N0. 1 a ~ Io1D46 e.f. I ti stub-out • RIM 24.0 NOS e~ 1 ~ RIM M IOb36 er. a II~B~ e.l'• ~ ~ ~4 e,r, ~ u,e04 e.r. • for lUture 9b,1 el. INV, 21.4 INV u 29 e.r. C.I, N0. 6 sxterlelon. i . 1 SSMH N0. 1 A S F, Exieting Sen. 1 ' ~ RIM 24.0 P ~ sewer Manhole / ''~g8' SDMH N0. 1 ~ INV, 21.1 • ~ rygl N Top 14.5 ~ ~ TOP 4 ~ INV. 19.3 i / u e. ~ C.I. N0. 5 1.- / 0? R \ rv 81 RIM 24.0 , Na,-Municipst Ut f ~ _ INV. 20.0 10 - 1 " , 9~' iei at Utility Eemt_ --e- 1r'Iufl.--p 111' ? " " ,~s 1 8"x6 TE f 119' T4' / 1 6 GATE VALVE N " 1 ~ 1 ~ w~ r- h' ~ ~ C.I. N0. 8 1 6"x2 RE UCE ~SSMH N0. 1 B ?9' ~ ~ 1 2 GATE VE ~i ~6~ RIM 24.0 r INV. 21,4 • 81' ~ C.I. N0. 2 , , 1m R 20 R ~ RIM 24.0 ! 1 6 ~ 18 SMH N0. t D (1) FlRE HYD 82 ASSEMBLY ~ iNV. 21.4 ! 1 2" GAT 8~~ ' ~ ! T6' 82' 9 ~ 1 FIRE HYD ~ a,-ihunicipa ' , '4 ^ ! SSMH N0. 1 C 10 N iei al Uttltty Eem . Non•Mun p ~ A J ASSEMBLY C.I, NO. 4 >3•s ~ ` PLAN RIM 2a.o OS ~ ~ INv w 11,510 e.r. 13,110 e.f. \ ~ ^i G ~ 10j14 e.r. 4m' 1 ! '1 s \ ~ ~v N ~ ti ~ RNl ,,1 ~ nba !r ~ ~ ~ a 30' R 1 ~ ~y 14,639 e.r. N N u! ~ 10~I4 e.f. ' 13 e r ~ 30 R 1 (per ^ / ,019 h 81 e.l: 10,188 e.l', ~ ! ~ 9956 e.r, 1029 el. 10,188 e.l'. 10,188 ef. • ~ ~ ! 1 ti \ ~ ~ ~ • - • dIb 557 1 \ ! . • • ' '"'"guffer and 20 y ss' 1 750 82~ x 25.3 s2 927.46 NAIL .+m'Riarr_cR.uar \ / ~5' ,5' N 62'01'23' ~ NAIL j' e' n' a-e a' r ~ 1 ~ 7 7 56' 3,1 MAXI ~ i ~l~I MAX ~ 1 blots , EIP to c,~em~ z,.m, e• a,•o, . ~ \o ~ vAL~et' I~~~.a ~ WM. Wlliard lard ~e Auer ~ sum Csener's I Notea: ~5 D$.1146-810 6 D~Y~LOPM~Nr NOr Perf rmance aidentia ve men I e to t D (1 ~ I. ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH rYPlca1. PRIvAr~ RoADs 1. New Hanover County Parcel No.: 1 1 THE NEW NANOvER COtNTY Zo1NnNG ORDMAIJCE AND (lU/ 2'-(d' V,4LLEY CU ) ~ SUBDIVISION REGULATI RB ~ ~ oNS. Map b1-00 / Bik 05 /Parcel 2.4 1. Total Tract Area: 13.E Ac.t ~ 2. ALL ROADS TO BE PRIVATE, MAINTAh~p BY A Eld'IEOWNERS ASSOCIATION AND IN ACCORDANCE WITH TI•IE MINIht~M CdJSTRUCTION STANDARDS FOR 3. Zoning Dletrict: R•15 Mae boro toulnehip New Hanover County North Carolina ' SUBDIVISION ROADS BY THE NBC. DEPT. OF TRANS. DESIGNED BY: C. If SHEET: 3. SANITARY SEWER SERVICE TO BE CONNECTED t0 t,+ ~ ~ ;;;,ri~ir:.'u' THE NEW NANOVER 4. Reference: Map Book 35 at Page 269 ORAriN BY: r~° im ina r COWTY SYSTEM. K b1n o t..lt Ftl.etl+ L4-lt1i,,. V I'~J'i !.I . 4, Va4TER SERVICE TO 1SE SUPPLIED SY CAPE FEAR scALE: I, " 0, UTILITIES, INC. an GATE: DeCdnb ~ PROJECT Na: 9'1115 5. ALL TELEPHCI~, ELECTRIC, GAS AND TELEVISION SURREY FOR: SERVICE LMES TO BE INSTALLED UNDERGROUND, ter turner < Co. 6. THE CGNTRACTOR 18 RESPONSIBLE FOR TIdE LOCATION y Cxraphtc Scale AND PROTECTION OF EXISTRNG UTILITIES DURMCs P.. Sox 451 50 m 25 50 10a Ulf I itlatOn. NC 28406 CONSTRUCTIdN_ C.~L u.l nrn eT I_AAV71_t49_Anlu . AND REPLACEMENT OF ANY UTILITIES, CURB t OTTER, bdivision will be.earved by County sewer. However, due to the limited capacity of PAVEMENT, ETC. TWAT MAY BE DAMAGED DURING unty's wastewater treatment faCllllles, sewer capacity may not exist. As CONSTRUCTION. DAMAGED ITEMS $WALL BE REPAIRED THE ncad In the approval letter of DEI NR wasterwater sewer IN TWATE LEAST AL QUALITY OF u101'tlQ'IANSWIP FOUND TRIPP ENGINEERING, P. C. uction and operations permits and/or final plat approval of sections or tMe IN ORIGINAL ITEM. 507 Chestnut Street Topography aompned from 0 W gton, North Carolina 28401 Tele.: (910) 763-5100 LLcatrea R NOTICE CONTRACTOR IS RESPONSIBLE FOR TWE REPAIR leton may be withheld, If In the opinion of the County Engineer, adequate sewer N ity does not exist NO CONSTRUCTION SHALLCOMMENCE UNTIL A PERMIT eotual Held eurvey or tract. IS OBTAINED M ACCORDANCE UTW TWE COUNTY SAIL EROSION AND SEDIMENTATION ORDNANCE. HOBBS SURVEYING COMPANY, INC. 7225 Wrightsville Avenue - Suite 103 'Wilmington, North Carolina 28403 Tele.: (910) 256-0002