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SW8040401_HISTORICAL FILE_20040427
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE (❑ COMPLIANCE EVALUATION INSPECTION DOC DATE iL2 Z YYYYMMDD State Stormwater Management Systems Permit No. SW8 040401 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Interstate Business Park, LLC Interstate Business Park New Hanover County FOR THE construction, operation and maintenance of 4 wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until April 27, 2014, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 and page 4 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 1,965,549 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 and page 4 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. A permit modification must be submitted and approved prior to the construction of additional built -upon area from outside of the approved drainage area. 2 State Stormwater Management Systems Permit No. SW8 040401 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Interstate Business Park Permit Number: SW8 040401 Location: New Hanover County Applicant: Mr. Howard Penton Mailing Address: Interstate Business Park, LLC P.O. Box 1229 Wilmington, NC 28402 Application Date: April 26, 2004 Receiving Stream/River Basin: Prince George Creek I Cape Fear Stream Index Number: CPF23 18-74-53 Classification of Water Body: "C Sw" Pond 1 Pond 2 Drainage Area, acres: 30.4 12.56 Onsite, sq. ft.: 1,324,133 547,304 Offsite, sq. ft.: none none Total Impervious Surfaces, sq. ft.: 875,885 367,185 Roads, sq. ft.: 62,300 27,885 Outlots, sq. ft.: 813,585 339,300 Pond Depth, feet: 7.0 7.0 TSS removal efficiency: 90% (no filter is required) Permanent Pool Elevation, FMSL: 23.5 23.5 Permitted Surface Area, sq. ft.: 36,252 15,619 (at permanent pool) Permitted Storage Volume, cubic ft.: 162,701 64,481 Temporary Storage Elevation, FMSL: 25.5 25.5 Controlling Orifice: 3.5" 2.5" (drawdown in 2-5 days) Permitted Forebay Volume, cubic ft.: 35,196 14,112 3 State Stormwater Management Systems Permit No. SW8 040401 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Interstate Business Park Permit Number: SW8 040401 Location: New Hanover County Applicant: Mr. Howard Penton Mailing Address: Interstate Business Park, LLC P.O. Box 1229 Wilmington, NC 28402 Application Date: April 26, 2004 Receiving Stream/River Basin: Prince George Creek / Cape Fear Stream Index Number: CPF23 18-74-53 Classification of Water Body: "C Sw" Pond 3 Pond 4 Drainage Area, acres: 15.6 8.67 Onsite, sq. ft.: 677,672 377,798 Offsite, sq. ft.: none none Total Impervious Surfaces, sq. ft.: 486,179 236,300 Roads, sq. ft.: 32,979 0 Outlots, sq. ft.: 453,200 236,300 Pond Depth, feet: 7.0 6.0 TSS removal efficiency: 90% (no filter is required) Permanent Pool Elevation, FMSL: 23.5 23.0 Permitted Surface Area, sq. ft.: 21,552 14,149 (at,permanent pool) Permitted Storage Volume, cubic ft.: 92,834 46,146 Temporary Storage Elevation, FMSL: 25.5 25.0 Controlling Orifice: 2.5" 2.0" (drawdown in 2-5 days) Permitted Forebay Volume, cubic ft.: 19,764 10,050 4 State Stormwater Management Systems Permit No. SW8 040401 II. SCHEDULE OF COMPLIANCE I. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain draws its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in Pond 1 is horsepower, in Pond 2 is'/4 horsepower, in Pond 3 is 1/3 horsepower, and in Pond 4 is 116 horsepower. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 5 State Stormwater Management Systems Permit No. SW8 040401 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 11. A copy of the. approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stonnwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 13. The permittee must maintain compliance with the proposed built -upon area and ensure that the runoff from all the built -upon is directed into the permitted system. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. IIL GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 10 State Stormwater Management Systems Permit No. S W S O40401 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does -not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 27th day of April 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, PI., Director Division of Water Quality By Authority of the Environmental Management Commission 7 State Stormwater Management Systems Permit No. SW8 040401 Interstate Business Park Stormwater Permit No. SW8 040401 New Hanover County Designer's Certification I, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date State Stormwater Management Systems Permit No. SW8 040401 Certification Requirements: l . The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. G. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections 0 9 APR 26 '04 le,-49AM HHJNL P.1 FAX TRANSMISSION Hogue, Hill, Jones, Nash & Lynch, L.L,P, 101 South Third Street Wilmington, NC 28402 (910) 763-4565 Fax (910) 762-6697 PLEASE DELIVER TO NAME .A,N;D FAX NFUMBER FROM: i DATE: PAGES: RE: COMMENTS: •' rr b e C(alc 0-�4 �.. CONFIDENTIAL -AND PR LEGED 'the itil'ormalion contained in this facslmile is privileged and confidential and intended for the sole use of the addressee. If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly pro) kibited. If you have received this FAX in error, please immediatcly notifv the sender listed above and return the original message at the above address, APR 2-6 '04 10:50R[I HHTNL P.2 Section 2, An easement is hereby established over the Permanent Common Area and facilities for the benefit of applicable governmental agencies, public utility companies and public service agencies as necessary for setting, removing and reading of meters, replacing and maintaining water, sewer and drainage facilities, electrical, telephone, gas and cable antenna lines, fire fighting, garbage collection, postal delivery, emergency and rescue activities and law enforcement activities. Section 3. Water and Sewer. All lot owners shall be subject to monthly charges as approved by the proper public authorities for water and sewer for domestic usage. ARTICLE XI GENERAL PROVISIONS STORVMA-19K PEMMEACILITES The following sections are intended to insure ongoing compliance with State Stormwater Management Permit number as issued by the Division of Water Quality under NCAC 2H.1000, Section 1. Stormwater Permit, The Association and each of its Members agree that at anytime after (i) all work required under the Stormwater Permit has been completed (other than operation and maintenance activities), and (ii) the Declarant is not prohibited under DENR regulations from transferring the Stonnwater permit 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, wilt sign all documents required by DENR for the Stormwater Permit to be transferred to the Association; provided. however, that at the time the Declarant requests that the Association accept transfer of the Stormwater Permit, the Declarant 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. If the Association fails to sign the documents required by this paragraph. the Declarant 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 to be transferred to the Association. Failure of the officers to sign as provided herein shall not relieve the Association of its obligations to operate and maintain the stormwater facilities covered by the Stormwater Permit. Section 2. Stormwater Facilities O & M. All stormwater retention ponds and related facilities for the Subdivision which have or are to be constructed by or on behalf of Declarant constitute Common Area and, the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities, Except as provided in Section 3 of this Article XI, the Association from and after the transfer of the stormwater permit from the DECLARANT shall indemnify and hold hatrnless the Declarant from any obligations and costs under the Stormwater Permit for operation APR 26 ' 04 10: 50AM HHjML P.3 and maintenance of the storrnwatcr retention ponds and related facilities. Section 3. Damage to Storm Water Facilities, The Declarant shall at its sole cost and expense be responsible for repairing any damage to storm water facilities caused by the Declarant's development activities. The Declarant shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of buildings or other activities by Lot Owners, their agents and contractors, arising out of activities upon their Lots, acts of God, and the negligence of others. Lot Owners shall be responsible for damages to such stormwater facilities caused by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall within 30 days after receipt of notice of damage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by the storm water plans and specifications for the Subdivision. if the Lot Owner fails to do so within said aQ-day period. the Association, shall perform the work and the cost of the work shall be. added to the Annual Assessment due from the Lot Owner, Section 4. 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, slate or similar material in excess of those amounts set forth on Exhibit "C" attached. The runoff from all built -upon area on the outparcel or future area must be directed into the permitted stormwater control system Built -upon area in excess of the permitted amount will require a permit modification The connection from the outparcel's collection system into the storxnwater control shall be made such that short-circuiting of the system does not occur, Each outparcel or future development tract whose ownership is not retained by the penmittee, shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. Alteration of the drainage as shown on the plans and specifications submitted by the Declarant to obtain the Stormwater Permit is prohibited without the consent of the North Carolina Division of. Water Quality. These covenants run with the land and are intended to insure continued compliance with the Stormwater Permit. Therefore, the covenants contained in this section may not be changed or deleted without the consent of the North Carolina Division of Water Quality and the State of North Carolina is specifically made a beneficiary of these covenants. The provisions of the Stormwater Permit are incorporated herein by reference and each Owner is required to refrain from taking APR 2e, '04 10:51AM HHTNL ME any action which will be in violation of the Stormwater Permit. Section S. Management and'Contract Rights of Association. Declarant may enter into a contract with a Management Company for the purposes of providing all elements of the operation, care, supervision, maintenance; and management of the property. However, no such contract shall be binding upon the Association except through express adoption, or ratification of the terms and conditions of such contract. Any contract or lease entered into by Declarant or by the Association while Declarant is in control thereof shall contain a provision allowing the Association to terminate such Contract without justification or penalty after transfer or management by Declarant to the Association. ARTICLE XII ELECTRICAL SERVICE Declarants reserve the Tight to subject the above -described Property to a contract with Progress Energy for the installation of underground electric cables and/or the installation of street fighting, either or both of which may require an initial payment and/or a continuing monthly payment to Progress Energy by the Owner of each Lot within said Property. IN, WITNESS WHEREOF. the Declarant has caused this instrument to be executed, by authority of its Board of Directors, this _ day of , 2004. BY: INTERSTATE BUSINESS PARK, LLC HOWARD A, PENTON, MANAGER fIRVIN A. ROSEMAN, D.D.S. (HR-10) PROFIT SHARING PLAN BY: IRVIN A. ROSEMAN, TRUSTEE BY-, PATRICIA M. ROSEMAN, TRUSTEE ofCovcnawz,wpa _ .-...�J. �.. ♦ Yap Y_. .� -... _ Y t _._ i _ . L11 Exhibit "A" METES AND BOUNDS DESCV IPTION FOR ROSEMAN TRACT 72 51 ACRES +/- Commence at an existing concrete monument located in the centerline of Berwick Drive (60' public right of way) at its intersection with the east right of way line of Blue Clay Road (SR- 1318) (60' public right of way), said concrete monument being shown on map of Highland Dunes, Section 1, as the same is shown on Map Book 12 Page 26 cif the New Hanover Country Registry, thence North 79 degrees 55 minutes 58 seconds West a distance of 50 69 feet to the POINT OF BEGINNING to the west right of way line of Blue Clay Road, thence along and with the west right of way fine of Blue Clay Road along a curve to the right (arc=97 38 feet) a chord which bears South 18 degrees 04 minutes 03 seconds West a chord distance of 97 05 feet to a point, thence along and with the west right of way tine of Blue Clay Road South 28 degrees 18 minutes 03 seconds West a distance of 198 64 feet to a point, thence along and with the west nght of way line of Blue Clay Road South 30 degrees 23 minutes 56 seconds West a distance of 52 00 feet to a point, thence along and with the north line of the Modinos Tract (Book 1815 Page 0702) South 88 degrees 38 minutes 33 seconds West a distance of 84 1 r feet to a point, thence South 88 degrees 38 minutes 33 seconds West a distance of 1500 2? feet to an iron pipe, thence North 05 degrees 59 minutes 59 seconds West a distance of 183 30 teet to an iron rebar, thence North 52 degrees 30 minutes 20 seconds East a distance of 123 13 ft�et to an iron rebar, thence North 44 degrees 13 minutes 16 seconds East a distance of 200 14 foet to an iron rebar: thence North 33 degrees 43 minutes 29 seconds East a distance of 199 93 feet to an iron rebar, thence North 23 degrees 21 minutes 22 seconds East a distance of 199 93 feet to an iron rebar, thence North 07 degrees 44 minutes 34 seconds East a distance of 398 22 fs=,et to an iron rebar, thence North 07 degrees 59 minutes 19 seconds West a distance of 200 08 feel to an iron rebar, thence North 18 degrees 20 minutes 46 seconds West a distance of 199 85'eel to an iron rebar, thence North 81 degrees 56 minutes 40 seconds East a distance of 127 75 feet to an existing concrete monument, thence North 47 degrees 54 minutes 49 seconds West a distance of 948 83 feet to an iron rebar located to the south right of way line of Holly Shelter goad (SR-1002) (100' right of way), thence along and with the south right of way fine of Holly Shelter Road North 82 degrees 08 minutes 08 seconds East a distance of 1538 75 feet to an iron pope, thence along and with the south right of way line of Holly Shelter Road North 79 degrees 25 minutes 29 seconds East a distance of 80 37 feet to an iron pipe, thence along and with the south right of way line of Holly Shelter Road South 53 degrees 44 minutes 45 seconds East a distance of 99 96 feet to a point in the west right of way tine of Blue Clay Road, thence along and with the west right of way line of Blue Clay Road South 07 degrees 44 minutes 22 seconds East a distance of 656 10 feet to an iron rebar, (thence South 07 degrees 46 minutes 17 seconds East a distance of 1256 36 feet to a point, thence along and with a curve to the right (arc=108 96 feel) a chord which bears South 00 degrees 41 minutes 03 seconds West a chord distance of 108 49 feet to the POINT OF BEGINNING,) containing 72 51 acres, more or less Exhibit "B" 1 1 1 1 6^ , R� 11 1 PN a t 1 1 1 s L 1 �? 1 1 ON cr 1 , 1 M e I 4 AN y II , 3m P � II pp 5 �Y 1 a Jr� } OC, I", '"IrJOW"M=�IJMp ot�aMa, nV►mwx, >mroe coarr�O�.419 ce.daut Btrwt 3TOOKWAM WM�0i10M* AM U'!9!!'i' M M�PhoneMnl010-- -610 �>,>� >��IVUIMMMM.INTERSTATE BU91r OS PARK req,. no-ree-sioo ,". r.� alarea-eean fldII'M ca�Mu Mill Rpr 21 04 02:12p Phillip Tripp 510-763-5631 p.2 Exhibit "C" Interstate Business Park New Hanover County, NC Lot Number Im ervious Area Lot Number I . 61,000 sf 26• 2. 46,300 sf 27. 3. 46,300 sf 28- 4. 54,500 sf 29• 5. 33,500 sf 30. 6. 38,800 sf 31. 7. 28,300 sf 32. 8. 34,000 sf 33. 9. 52,000 sf 34. 10. 44,000 sf 35. 11. 48,500 sf 36. 12. 42,000 sf 37. 13. 62,700 sf 38. 14. 44,100 sf 39. 15. 62,700 sf 40. 16. 43,450 sf 41. 17. 57,000 sf 42. 18. 53,900 sf 43. 19. 28,000 sf 44. 20. 27,000 sf 21. 29,700 sf 22. 38,550 sf 23. 57,170 sf 24. 27,500 sf 25, 30,700 sf TE 01122 Impervious Arca 28,400 sf 28,000 sf 104,545 sf 42,145 sf 45,000 sf 58,155 sf 32,670 sf 31,690 sf 40.510 sf 40,500 sf 30,300 sf 30,300 sf 30,300 sf 47,000 sf 27,500 s£ 24,800 sf 34,600 sf 40,000 sf 34,300 sf x COMMI.NICATION RESULT REPORT ( APR.26.2084 FILE i•1UDE OPTION ADDRESS (GROUP) ---------------------- -------------------------------------------- 16S HEHIOR`( TX 97626627 ---------------- REASON FOR ERROR P. 1 8:26AM TTI NCDENR WIRO RESULT PAGE —-------------------------- OK P. E-1) HANG UP OR LINE FAIL E-2) BUSY E—S i NO ANSHER E-4) NCB FACSIMILE CONNECTION State at'Narttt t.:AC Una Department of Environment and Natuxal Resouraes Wilmington Regional OffYoo Michael F. Easley, Govemor William G. Ross Jr,, S=ctexy FAX COVER SHEET TO: rvt f f WTU. From: LLnjP- n FAQ}f Vi!• 127 Cardl nn! brtvo Exlenalon, WiWlmgma, NX, 3p4054441 TRI.phona (910) 395-3400 Fd (010) IW2004 0 Equal 9pportunity AMrmadve Aetian tmptoyer State of North Carolina Department of-Environlnent and Natural Resources Wilmington Regional Office ' Michael F. Easley, Governor Dite: / b To: (A r CO: FAX #• S William G. Ross Jr., Secretary FAX COVER SHEET No. Of Pages: - -- - From: r tt_n /1 CO: FAX#: 910-350-2004 i4s / � / r t> • 127 Cardinal Drive Extension. Wilnilapon, N.C. 184OS-3845 Talophono (910) 395-3900 Fax (910) 35A-2004 An Equal Opportunity Affirmative Action Employer INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for certain developments where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" surface area consistent with the applicable regulation limiting built -upon area. The following deed restrictions and covenants must be recorded prior to issuing the Stormwater Management Permit: For All Projects: 01. 1 The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit �� Number , as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessity to maintain compliance with the stormwater management permit. 3. These covenants (ire to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stortnwater may not he altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. ` IL Low Density Residential Subdivisions (In addition to 1.1- 1.5 and all others that apply) The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of switnnting pools. If the BUA per lot varies, record as follows and provide a complete lot listing with proposed BUA: The maximum allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, hilt does not include raised open wood decking, or the water surface of swimming pools. Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 3. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 30' from the mean high water mark of surface waters. VII. For High Density Residential Subdivisions: (In addition to L1-I.S and all others that apply) The maximunt allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. If the BUA per lot varies, please record as follows and provide a complete lot listing with proposed BUA: The ntaximunt allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot properly boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the storrnwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional rneasures. VIII For Shopping Centers with Outparcels or a Future Development allotment: (In addition to I-1 through I-5 and all others that apply) 1. The maxinnan built -upon area for outparcel(s) and future areas shown on the approved plans is as follows: Outparcel # BUA Future Development These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. The runoff fron all built -upon area on the outparcel or future area must be directed into the permitted storrnwater control system. C3. Built -upon area in excess of the permitted amount will require a permit modification. 4O The connection from the outparcel's collection system into the storntwater control shall be made such that short- circuiting of the system does not occur. D Each outparcel or future development tract whose ownership is not retained by the permittee, shall submit a separate offsite slorrnwater permit application to the Division of Water Quality and receive a permit prior to construction. 3 caused by the Declarant's development activities. The Declarant shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of buildings or other activities by Lot Owners, their agents and contractors, arising out of activities upon their Lots, acts of God. and the negligence of others. Lot Owners shall be responsible for damages to such stormwater facilities caused by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall within 30 days after receipt of notice ofdamage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by the storm water plans and specifications for the Subdivision. If the Lot Owner fails to do so within said 30-day period, the Associationshall perform the work and the cost of the work shall be added to the Annual Assessment due from the Lot Owner. Section 4. Enforcement Of Storm 6Vater 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, slate or similar material in excess of those amounts set forth on Exhibit "C" attached. Alteration of the drainage as shown on the plans and specifications submitted n Q t CC,(0-1C d by the Declarant to obtain the Stormwater Permit is prohibited without the consent of the North Carolina Division of Water Quality. Igo es, q0 and-oer� led; piped ©r-alterecf-e ceept as riveway crossing. or c er•projeets; no one lra.�,-;,ie-u r Permit 1— r In low density subdivisions, each lot will maintain a 30' vegetative buffer ���"� between all impervious areas and surface waters and all roof drains shall terminate at least 30' from the mean high water mark of any waters that ebb and flow with the tide. In low density subdivisions which have curb and gutters, designated 5:1 curb outlet C� t� swales may not be filled; piped or altered and each curb outlet swale must be maintained at a minimum length of 100' with 5:1 (H:V) side slopes or flatter, have a � longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non- er e manner, and mai etated cover. These covenants run with the land and are intended to insure continued compliance with the Stormwater Permit. Therefore, the covenants contained in this section may not be changed or deleted without the consent of the North Carolina Division of Water Quality and the State of North Carolina is specifically made a beneficiary of these covenants. The provisions of the Stormwater Permit are incorporated herein by reference and each Owner is required to refrain from taking any action which will be in violation. of the Stormwater Permit. Section 5. Managentent and Contract Rights of Association. Declarant may enter into a contract with a Management Company for the purposes of providing all NORTH CAROLINA NEW HANOVER COUNTY DECLARATION OF COVENANTS, CONDITIONS. AND RESTRICTIONS FOR INTERSTATE BUSINESS PARK THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is entered into this day of- , 2004, between INTERSTATE BUSINESS PARK, LLC with an address of 1510 South Third Street, Wilmington, NC 28401, (hereinafter "Declarant"), and IRVIN A. ROSEMAN and PATRICIA M. ROSEMAN Trustees of the IRVIN A. ROSEMAN D.D.S. (HR-10) Profitsharing plan with an address of 1301 Medical Center Drive, Wilmington, NC 28401-3502, (hereinafter ",Owner") and all parties hereafter acquiring any of the described property. WITNESSETH: WHEREAS, Declarant and/or Owner are the owners of all lots within a subdivision in the County of New Hanover, State of North Carolina, known as INTERSTATE BUSINESS PARK, and being that certain parcel of land located in Cape Fear Township, New Hanover County, North Carolina containing 72.51 acres more or less and more particularly described on attached Exhibit "A"; and WHEREAS, it is in the best interest of the Declarant the Owner and to the benefit, interest and advantage of every party hereafter acquiring any of the described property that certain covenants, conditions, easements, assessments, liens and restrictions governing and regulating the use and occupancy of the property be established; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities and the desirability and attractiveness of said property; and for the continued maintenance and operation of the attendant common area. NOW THEREFORE, in consideration of the premises, the Declarant and the Owner agree with all parties hereafter acquiring any of the property hereinafter described, that it shall be and is hereby subject to the following restrictions, covenants, conditions, easements, assessments and liens relating to the use and occupancy thereof, which shall be construed as covenants running with the land which shall be binding on all parties acquiring any right, title or interest in any of the properties and which shall inure to the benefit of each owner thereof. ARTICLE I PROPERTIES SUBJECT TO THIS DECLARATION The property which shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Cape Fear Township in the County of New Hanover, State of North Carolina, and is more particularly described as being all of Lots through 44 as shown on a site plan prepared by Tripp Engineering, P.C. dated April 23, 2004, plus all roads, common area, utility and access easements as shown on the aforesaid plan. The site plan is attached hereto and marked Exhibit "B". The Declarant will subject the heretofore described property to this Declaration and the jurisdiction of the Interstate Business Park Property Owners Association, Inc. by the recording from time to time official Plats of a lot or lots as shown on said site plan together with a Declaration of Annexation that will annex said lot or lots as a part of Interstate Business Park. Only such lots as are annexed in this matter will be subject to this Declaration. ARTICLE II DEF[NITIONS Section 1. "Association" shall mean and refer to Interstate Business Park Property Owners' Association, Inc., its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to those Lots annexed hereto as hereinbefore described, and brought within the jurisdiction of the Association by virtue of officially recorded maps of Interstate Business Park. Section 4. `'Permanent Common Area" shall consist of those areas designated on recorded plats of Interstate Business Park as such. Such areas shall be dedicated in perpetuity to the common use and enjoyment of the owners. The Declarant will convey all Permanent Common Area shown on the various plats of the subdivision to the Association. The Association shall be responsible for the repair, maintenance and repaving of the Permanent Common Area as set forth in this Declaration. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Permanent Common Area. Section 6. "Declarant" shall mean and refer to Interstate Business Park. LLC, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 7. "Common Expense" shall mean and include: (a) All sums lawfully assessed by the Association against its members; (b) Expenses for the administration, maintenance, repair, or replacement of the Permanent Common Area; (c) Expenses declared to be common expenses by the provisions of this Declaration or the By -Laws; (d) Hazard, liability, or such other insurance premiums as the Declaration or the By -Laws may require the Association to purchase; (e) Ad valorem taxes and public assessment charges lawfully levied against common areas; (f) Expenses agreed by the members to be common expenses of the Association. ARTICLE III PROPERTY RIGHTS Section 1. Otivner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Permanent Common Area for access, ingress and egress from and to public streets, walkways and parking areas and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to suspend the voting rights of an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (b) the right of the Association to dedicate or transfer all or any part of the Permanent Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members; No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds ( 2/3 ) of the Board of Directors of the Association is recorded in the New Hanover County office of the Register of Deeds. (c) the right of the Association, in accordance with its Articles and By - Laws, to borrow money for the purpose of improving the Permanent Common Area and facilities and in aid thereof to mortgage said property, and the rights of such mortgagee in said Properties shall be subordinate to the rights of the property owners hereunder; and (d) the right of the Association to adopt, publish and enforce rules and regulations as provided in Article IX. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Permanent Common Area and facilities to his tenants, or contract purchasers who are in lawful possession of the property. Section 3. Title to the Permanent Common Area. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Permanent Common Area shown on the recorded Plat to the Association, free and clear of all encumbrances and liens, prior to the conveyance of any Lot shown on said plat, except for utility and storm drainage easements. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. 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 cast with respect to any Lot. Fractional voting with respect to any Lot is hereby prohibited. Class B. The Declarant shall be a Class B member and shall be entitled to four (4) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (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, 2011; or (c) upon the surrender of all Class B membership by the holder thereof or cancellation by the Association. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. All assessments relating to common are shall be shared equally by the owners of each Lot. Section 2. Purpose oJ'Assessments. The assessment levied by the Association shall be used exclusively to promote the health, safety, and welfare of the owners of the Properties and in particular for the acquisition, improvement and maintenance of the Permanent Common Area, including the maintenance, repair and reconstruction of private streets, driveways, walks and storm water facilities situated on the Permanent Common Area, such maintenance to include the cutting and removal of weeds and grass and the removal of trash and rubbish or any other maintenance or for the use and enjoyment of the Permanent Common Area, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, the payment of taxes and public assessments assessed against the Permanent Common Area, the procurement and maintenance of insurance in accordance with this Declaration, the employment of attorneys to represent the Association when necessary, the provision of adequate reserves for the replacement of capital improvements including, without limiting, the generality of the foregoing, signs, paving, grading, landscaping and any other major expense for which the Association is responsible, and such other needs as may arise. Section 3. Reserves. The Association shall establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the common area and those other portions of the Properties which the Association may be obligated to maintain. Such reserve fund is to be established out of regular assessments for common expense. Section 4. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $250.00 per lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased effective January 1 of each year without a vote of membership by up to twenty percent (20%) of the previous year's assessment. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner; the maximum annual assessment may be increased above the increase permitted in Section 3(a) above by a vote of two-thirds ( 2/3 ) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 5. 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 that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Permanent Common Area, and in connection with maintenance, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds ( 2/3 ) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. Section 6. Notice and Quorum for Any Action Authorized Under Sections 1 and S. Written Notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members L. not less than thirty (30) days nor more than sixty (60) days in"advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half( 1/2 ) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Uniform Rate of Assess»rent. Both annual and special assessments shall, except as herein otherwise specifically provided, be fixed at a uniform rate for all Lots and shall be collected on a quarterly basis, provided. however, that the assessment for Lots owned by Declarant which do not contain a structure, may be a lesser amount as fixed by the Board of Directors of the Association, but shall not be less than fifty percent (50%) of the regular assessments for other Lots. Section 8. Date of Commencement of Annual Assessments; Dare Dates. The annual assessments provided for herein shall commence as to all platted Lots on the first day of the month following the conveyance of the Permanent Common Area. Such annual assessments shall be paid ratably on a quarterly basis. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth the assessments on a specified Lot have been paid. Any certificate so given shall be conclusive evidence of payment of the assessments stated therein. Section 9. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight percent (8%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property in the same manner in which Deeds of Trust may be foreclosed under Power of Sale pursuant to Chapter 45 of the N.C. General Statutes, or its successors, and in either event interest, costs and reasonable attorney's fees of any such action shall be added to the assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Permanent Common Area or abandonment of his Lot. Should any deficiency remain after the foreclosure, the Association may also bring an action against the owner for said deficiency. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage and ad valorem taxes. Sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu.thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All Properties dedicated to, and accepted by, a local public authority shall be exempt from the assessments created herein. Section 12, Working Capita! Fund. At the time of closing of the sale of each lot a sum equal to at least two (2) months assessment for each lot shall be collected and transferred to the Association to be held as a working capital fund. The purpose of said fund is to insure that the Association Board will. have, from the beginning, adequate cash available to meet unforeseen expenses, and to acquire additional equipment or services deemed necessary or desirable. Amounts paid into the fund shall not be considered advance payment of regular assessments. ARTICLE VI ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, 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 surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated 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. ARTICLE VII ANNEXATION OF ADDITIONAL PROPERTIES Section 1. Annexation of additional property not contained within the perimeters of the original tract described on attached Exhibit "A" shall require approval from the Interstate Business Park Property Owners Association, Inc, provided, however, that all annexations of additional properties to the original tract must be contiguous thereto or contiguous to property previously annexed. Section 2. Annexation of additional Properties shall be accomplished by recording in the County Registry a Declaration of Annexation, duly executed, describing the lands annexed and incorporating the provisions of this Declaration, either by reference or by fully setting out said provisions of this Declaration. The additional lands shall be deemed annexed to the Properties on the date of recordation of the official Map of the property to be annexed together with the Declaration of Annexation, and in the case of an annexation by the Declarant of lots contained within the perimeters of that tract described on Exhibit "A" attached, no action or consent on the part of the Association_ shall be required. Section 3. Prior to the conveyance of the first lot in any newly annexed area, the Declarant shall deliver to the Association one or more deeds conveying fee simple title to any Permanent Common Area within the lands annexed free and clear of all encumbrances and liens except utility, storm drainage and greenway easements. ARTICLE VIII INSURANCE Section 1. Insurance coverage on the Property shall be governed by the following provisions: (a) Ownership of Policies. All insurance policies upon the common area shall be purchased by the Association for the benefit of all the Association and the Owners. (b) Coverage. All buildings and improvements and all personal property included in the Permanent Common Area and facilities shall be insured in an amount equal to one hundred percent (100%) insurable replacement value as determined annually by the Association with the assistance of the insurance company providing coverage. Such coverage shall provide protection against: (i) Loss or damage by fire and other hazards covered by the standard coverage endorsement, and (ii) Such other risks as from time to time shall be customarily covered with respect to buildings on the land, if any. (iii) Such policies shall contain clauses providing for waiver of subrogation. (c) Liability. Public liability insurance shall be secured by the Association with limits of liability of no less than One Million and No/100 Dollars (S 1,000,000.00) per occurrence and shall include an endorsement to cover liability of the Owners as a group to a single Owner. There shall also be obtained such other insurance coverage as the Association shall determine from time to time to be desirable and necessary. (d) Premiums. Premiums for insurance policies purchased by the Association shall be paid by the Association and charged to the Owners as an assessment according to the provisions of Article V above. (e) Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association and the Owners and their mortgagees as their interest may appear, and shall provide that all proceeds thereof shall be payable to the Association as insurance trustees under this Declaration. The sole duty of the Association as insurance trustees shall be to receive such proceeds as are paid and to hold the same in trust for the purposes stated herein or stated in the By -Laws and for the benefit of the Owners and their mortgagees in the following shares: (i) Proceeds on account of damage to Permanent Common Area and facilities held for the Association. (ii) In the event a mortgagee endorsement has been issued for any Lot, the share of the Owner shall be held in trust for the mortgagee and the Owner as their interests may appear. Section 2. Distribution of Insurance Proceeds. Proceeds of insurance policies received by the Association as insurance trustee shall be distributed to or for the benefit of the beneficial Owners in the following manner: (a) Expense of the Trust. All expenses of the insurance trustees shall be first paid or provisions made therefor. (b) Reconstruction or Repair. The remaining proceeds shall be paid to defray the cost of repairs. Any proceeds remaining after defraying such cost shall be distributed to the beneficial Owners as above provided. Section 3. Fidelity Insurance or Bond. All persons responsible for or authorized to expend funds, or otherwise deal in the assets of the Association or those held in trust, shall first be bonded by a fidelity insurer to indemnify the Association for any loss or default in the performance of their duties in an amount equal to six (6) months' assessments plus reserves accumulated. ARTICLE IX USE RESTRICTIONS Use of the Lots and all improvements thereon shall be restricted exclusively to the uses set forth below and shall be subject to all applicable ordinances, including zoning ordinances and land use ordinances and regulations and where applicable the requirements for the issuance of a Special Use Permit and the requirements for the State Highway Overlav District. Without limiting the generality of the foregoing, the following use restrictions shall be maintained and enforced with respect to Interstate Business Park and all Lots contained therein annexed to the development. Section 1. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, amend, publish, and enforce reasonable rules and regulations concerning the use and enjoyment of the grounds of each Lot and the Permanent Common Area. Such rules and regulations may provide for imposition of fines or penalties for the violation thereof, or for the violation of any of the covenants and conditions contained in this Declaration. Section 2. Permitted Uses of Properties. (a) The lots located in New Hanover County zoning classification B-1 and B- I conditional may be used for all permitted uses allowed by the New Hanover County zoning ordinance in effect on the date of the execution of these protective covenants except as follows: agricultural uses, kennels, sanitary services, mini warehouses, adult entertainment establishments, bars, cabarets, discos whether located in a shopping center or not, fruit and vegetable stands, drive in theaters, funeral homes, stables, churches, fraternities and sororities, circuses and carnivals, fairs and sideshows, demolition -landscape landfill, dwelling units contained within the principal use of the structure excluding security personnel, all recycling facilities, outdoor bazaars, christmas tree sales, evangelistic and religious assemblies not conducted at a church. (b) The lots located in New Hanover County zoning classification B-2 and B-2 Conditionals may be used for all permitted uses allowed by the New Hanover County zoning ordinance in effect on the date of the execution of these protective covenants ex_ cept as follows: agricultural uses, kennels, sanitary services, mini warehouses, adult entertainment establishments, bars, cabarets, discos whether or not located in a shopping center or not, fruit and vegetable stands, mobile home dealer and prefabricated buildings, automobile/boat repair sales, camping travel trailer parks, drive in theaters, funeral homes, stables, septic tank vacuum services, churches, fraternities and sororities, circuses and carnivals, fairs and sideshows, demolition -landscape landfill, dwelling units contained within the principal use of the structure excluding security personnel, all recycling facilities, outdoor bazaars. Christmas tree sales, pumpkin sales, evangelistic and religious assemblies not conducted at a church. (c) The lots located in New Hanover County zoning classification I-1 and I-1 conditional may be used for all permitted uses allowed by the New Hanover County zoning ordinance in effect on the date of the execution of these protective covenants excWt as follows: sanitary services, stables, septic tank services, adult entertainment establishments, churches, circuses, carnivals, fairs and sideshows, demolition -landscape landfill, dwelling units contained within the principal use of the structure excluding security personnel, mobile home, mobile home double wide, all recycling facilities, outdoor bazaars, Christmas tree sales, pumpkin sales, evangelistic and religious assemblies not conducted at a church, dry cleaning and laundry plants, more sensitive uses, and buildings used permanently as places of assembly, including but not limited to, schools, day care centers and related uses. Section 3. Building Requirements. (a) All buildings and structures must meet the requirements of the respective governmental building codes applicable thereto. (b) Since the establishment of standard inflexible building setback lines in location of buildings on Lots tends to force construction of overlays directly to the side of other buildings with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related concerns, no specific setback lines are established by these Protective Covenants. In order to assure, however, that the foregoing considerations are given maximum effect, the DECLARANT reserves the rights to select the precise site location of each building or other structure on each Lot in its sole discretion and to arrange the same in such manner and for such reasons as the DECLARANT deems sufficient, provided, however, the DECLARANT shall make such determination so as to insure that the development of the Lots subject to these PROTECTIVE COVENANTS is consistent with the provisions set forth herein. (c) All buildings shall be constructed to have a minimum set -back of (15) feet from any property line (other than a street right of way) to the face of the building. (d) Once construction of a dwelling or other improvements are started on any Lot, the improvements must be substantially completed in accordance with the approved plans and specifications within twelve (12) months from commencement unless DECLARANT otherwise approves in writing. (e) During construction of improvements on any Lot, adequate portable sanitary toilets must be provided for the construction crew. (f) Construction activity on a Lot shall be confined within the boundaries of said Lot. Each Owner shall have the obligation to collect and dispose of all rubbish and trash resulting from construction on his Lot. Section 4, Use Restrictions (a) Construction in Common Elements. No person shall undertake, cause, or allow any alteration or contraction in or upon any portion of the Common Area except at the direction or with the express written consent of the Association (b) Signs. No signs (including "for sale" or "for rent" signs) shall be permitted on any Lot or in the Common Area without permission of the Association; provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale signs on Declarant's Lots and maintain signs on the Common Area advertising Lots for Sale. (c) Subdividing. Subject to the rights reserved by the Declarant to replat or resubdivide Lots, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the Declarant Control Period and thereafter by the Board of Directors. (d) 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 X EASEMENTS Section 1. All of the Properties, including Lots and Permanent Common Area shall be subject to such easements for driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines and other public utilities as shall be established by the Declarant or by its predecessors in title, prior to the subjecting of the Properties to this Declaration; and the Association shall have the power and authority to grant and establish upon, over, under, and across the Permanent Common Area conveyed to it, such further easements as are requisite for the convenience, use and enjoyment of the Properties. In addition, there is hereby reserved in the Declarant and its agents and employees an easement and right of ingress, egress and regress across all Permanent Common Area, now or hereafter owned by the Association, for the purpose of construction of improvements within the Properties. Section 2. An easement is hereby established over the Permanent Common Area and facilities for the benefit of applicable governmental agencies, public utility companies and public service agencies as necessary for setting, removing and reading of meters, replacing and maintaining water, sewer and drainage facilities, electrical, telephone, gas and cable antenna lines, fire fighting, garbage collection, postal delivery, emergency and rescue activities and law enforcement activities. Section 3. Water and Sewer. All lot owners shall be subject to monthly charges as approved by the proper public authorities for water and sewer for domestic usage. ARTICLE XI GENERAL PROVISIONS STORMWATER PERMIT/FACILITES Section 1. Stormwater Permit. The Association and each of its Members agree that at anytime after (i) all work required under the Stormwater Permit has been completed (other than operation and maintenance activities). and (ii) the Declarant is not prohibited under DENR regulations from transferring the Stormwater permit 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 to be transferred to the Association; provided, however, that at the time the Declarant requests that the Association accept transfer of the Stormwater Permit, the Declarant 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. If the Association fails to sign the documents required by this paragraph, the Declarant 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 to be transferred to the Association. Failure of the officers to sign as provided herein shall not relieve the Association of its obligations to operate and maintain the stormwater facilities covered by the Stormwater Permit. Section 2, Stormwater Facilities O & Nf. All stormwater retention ponds and related facilities for the Subdivision which have or are to be constructed by or on behalf of Declarant constitute Common Area and, the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities. Except as provided in Section 3 of this Article XI, the Association from and after the transfer of the stormwater permit from the DECLARANT shall indemnify and hold harmless the Declarant from any obligations and costs under the Stormwater Permit for operation and maintenance of the stormwater retention ponds and related facilities. . .Section 3. Damage to Storm Water Facilities. The Declarant shall at its sole cost and expense be responsible for repairing any damage to storm water facilities caused by the Declarant's development activities. The Declarant shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of buildings or other activities by Lot Owners, their agents and contractors, arising out of activities upon their Lots, acts of God, and the negligence of others. Lot Owners shall be responsible for damages to such stormwater facilities caused by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall within 30 days after receipt of notice of damacTe to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by the storm water plans and specifications for the Subdivision. If the Lot Owner fails to do so within said 30-day period, the Association shall perform the work and the cost of the work shall be added to the Annual Assessment due from the Lot Owner. Section 4. 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, slate or similar material in excess of those amounts set forth on Exhibit "C" attached. Alteration of the drainage as shown on the plans and specifications submitted by the Declarant to obtain the Stormwater Permit is prohibited without the consent of the North Carolina Division of Water Quality. Roadside or lot line swales, ditches and other vegetative conveyances may not be filled, piped or altered except as necessary to provide a minimum driveway crossing. For curb and gutter projects, no one may pipe, fill in, or alter any Lot line swale used to meet Stormwater Permit requirements. In low density subdivisions, each lot will maintain a 30' vegetative buffer between all impervious areas and surface waters and all roof drains shall terminate at least 30' from the mean high water mark of any waters that ebb and flow with the tide. In low density subdivisions which have curb and gutters, designated 5:1 curb outlet swales may not be filled, piped or altered and each curb outlet swale must be maintained at a minimum length of I00' with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non - erosive manner, and maintain a dense vegetated cover. These covenants run with the land and are intended to insure continued compliance with the Stormwater Permit. Therefore, the covenants contained in this section may not be changed or deleted without the consent of the North Carolina Division of Water Quality and the State of North Carolina is specifically made a beneficiary of these covenants. The provisions of the Stormwater Permit are incorporated herein by reference and each Owner is required to refrain from taking any action which will be in violation of the Stormwater Permit. Section 5. Management and Contract Rights of Association. Declarant may enter into a contract with a Management Company for the purposes of providing all elements of the operation, care, supervision, maintenance, and management of the property. However, no such contract shall be binding upon the Association except throu_h express adoption, or ratification of the terms and conditions of such contract. Any contract or lease entered into by Declarant or by the Association while Declarant is in control thereof shall contain a provision allowing the Association to terminate such contract without justification or penalty after transfer or management by Declarant to the Association. ARTICLE XII ELECTRICAL SERVICE Declarants reserve the right to subject the above -described Property to a contract with Progress Energy for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to Progress Energy by the Owner of each Lot within said Property. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed, by authority of its Board of Directors, this _ day of , 2004. at i M. M. INTERSTATE BUSINESS PARK, LLC HOWARD A. PENTON, MANAGER IRVIN A. ROSEMAN, D.D.S. (HR-10) PROFIT SHARING PLAN IRVIN A. ROSEMAN, TRUSTEE PATRICIA M. ROSEMAN, TRUSTEE 4121 /2004 CDC Interstate Business Park Stormwater Calculations Pond #1 01122 Total Drainage Area s . ft. I acres 1,324.133f M40 Impervious Area Land Use s , ft. acres Comercial Lots 2 75°% 813,585 18.68 Streets 62.300 1.43 Total 875,885 20.11 Stormwater Calculations: Time of Concentration: Hydraulic Length (L) = 1.350 ft. change in Height (H) = 6 ft. Tc = (L' 1H)'"' 1 128 = 16.17 min. Flow for 2 year, 6 hour Storm (Q.); QpRE _ (CPRE) X (110) x (Area) - 44.68 cfs QPosr (CpcsT) x (119) x (Area) = 128.69 cfs bon omra a t-,apacizy ;or a year acofm: CN = (98)(°% imp.) + (60)(1-% imp.) 86 P = 3.30 in. for2yr, 6 hr storm S = 1000/CN - 10 1.63 Depth (D)- [P-(0.2)(S)]21 [P+(0.8)(S)! 1.92 in. Time to Peak Flow: Tp = ](43.5)(D)(Area)) 1 02.pov 19.75 min. Detention Pond Design: Pond Size: Elevation ft. Surface Area (sq. ft.) Normal Pool 23.50 36,252 Flood Pool 25.50 41.389 Top of Bank 28.50 49,519 Bottom of Pool 16.50 10,234 Provided Storage Volume: Vol. _ ((Normal pool SA + Flood Pool SA) 1 2) x (F.P. elev. - N, P. elev.) = 77,641 cu.ft. 01122Pond °% impervious = 0.661 = 66.1°% say 66.1 % CPRE = 0.25 CposT = (% imp.)(.95)+(1-% imp.)(.25) 0.72 i2 = 5.88 in/hr 110 = 6.30 in/hr Flow for 10 year, 6 hour Storm (Q1o) QPRE _ (CPRE) x (125) x (Area) = 47.88 cfs QposT = (CposT) x (125) x (Area) 137.88 cfs boll btDra a uapacay tar lU year Storm: CN = (98)(°% imp.) + (60)(1-O% imp.) 86 P = 4.82 in. for 10 yr, 6 hr storm S= 10001CN-10 1.63 Depth (D)= [P-(0.2)(S)]2 1 1P+(0.8)(S)! 3.30 in. Time to Peak Flow: Tp = [(43,5)(D)(Area)[ 1 QL10,POST = 31.64 min. State Surface Area Requirement at normal 0ol: Pond side slopes = 3 :1 Depth below N.P. = 7 ft. SA/DA = 0.0271 (Chart for 90% TSS Removal for Wet Detention Pond without Vegetative Filter) Required SA = (SA/DA) x (Total Drainage Area) = 35,884 s . ft. State Volume Reauired for Storage of first 1" of runoff Rv = .05+ .009(% imp) = 0,64533 V= (Design rainfall)(Rv)(Drainage Area) = 71.209 eu.ft. / ���`,��oQ,�l► CARpl��°� � J _ aQ SEAL 17374GIN Gn EGDPI�����`�� 1 of 2 � p r 412V2004 Interstate Business Park 01122 CDC Stormwater Calculations Pond #1 Pond Volume: Bottom SA = 10,234 sq. ft. Normal Pool SA = 36,252 sq. ft. Vol. = [(N.P. SA + Bottom SA)1 2] x (N.P. el. - Bottom el.) = 162,701 cu. ft. Forebay: Required Volume Vol. = 20% of storage volume 32,540 cu. ft. Outlet Structure Design: Flow for 2-day drawdown: Ffor 1st 1' of stormwater, Q = Required Vol. 1 172,800 sec. (2-days) = 0,412 cfs Required Area of Pipe for 2-day drawdown: A= 0![CdxSQRT(2xgxh)] Cd = 0.6 g = 32.2 ft.ls2 h = (F.P. elev.- N.P. elev.) 12 1 ft. A = 0,0856 sq. ft. Diameter of Pioe for 2-dav drawdown DIA. = SQRT((A x 4) 1 pi) = 0,3301 ft. = 3.96 in. 'Use: 3,5 in diameter pipe Outlet Structure Check: Using a 4' x 4' Basin, Perimeter L) = 16 ft. Q = CIA C = (% imp.)(.95) + (1-% imp.)(.25) 0.72 1 = 6.30 in. for a 25 yr. Storm A = 30.40 Acres = 137.88 cfs Q= CwxLxH1-' H = [Q 1 (Cw x L)]213 Cw = 3 2.02 ft. Peak elevation = flood poot elevation + H = 27.52 ft. Provided Volume Bottom SA = 9,374 sq. ft. Normal Pool SA = 14,090 sq, ft. Vol. = I(N.P. SA + Bottom SA) 1 2) x (N.P, el. - Bottom el.) 35,196 cu. ft. depth = 3 ft. Flow for 5-day drawdown: for 1st V of stormwater, Q = Required Vol. 1432.000 sec. (5-days) 0.165 cfs Required Area of Pipe for 5-day drawdown: A= Q1[CdxSQRT(2xgxh)] Cd = 0.6 g = 32.2 fuse h = (F.P. elev. - N.P. elev.) 12 1 ft. A = 0.0342 sq. ft. Diameter of Pipe for 5-day drawdown: DIA. = SQRT[(A x 4) 1 pi] = 0.2088 ft. = 2,51 in. 01122Pond 2 of 2 415/2004 Interstate Business Park 01122 CDC Stormwater Calculations Pond #2 Total Drains a Area s . ft. Iacres 547,304 1 12.56 1m ervious Area Land Use s . ft. acres Comerciat Lots @ 75% 339,300 7.79 Streets 27,885 0.64 Total 367.1135 8.43 Stormwater Calculations: Time of Concentration Hydraulic Length (L) = 1,350 ft. change in Height (H) = 6 ft. Tc = (C 1H)-J'O 1 128 16,17 min. Flow for 2 year, 6 hour Storm (02) QPRE _ (CPRE) x (110) x (Area) 18.47 cis QPcsT = (CPosT) x (Itc) x (Area) 53.19 cfs omi arora a k-apaCily Tor L year oiorm: CN = (98)(% imp.) + (60)(1-% imp.) = 86 P = 3.30 in. for2yr, 6 hr storm S = 100DICN - 10 = 1.63 Depth (D)= [P-(0.2)(S)]21 [P+(D.8)(S)] 1,92 in. Time to Peak Fiow: TP = ((43.5)(D)(Area)] 1 Q2 PosT 19.75 min. Detention Pond Desi n: Pond Size: Elevation (ft.) Surface Area (sq. ft.) Normal Pool 23.50 15.619 Flood Pool 25.50 18,756 Top of Bank 28.50 23,885 Bottom of Pool 16.50 2,804 Provided Storage Volume: Vol. _ [(Normal pool SA + Flood Pool $A) 1 21 x (F.P. elev. - N.P. elev.) 34,375 cu. ft. % impervious = 0.671 = 67.1% say 67.1 % CPRE = 0.25 CPosr = (% imp.)(.95)+(1-% imp.)(,25) = 0.72 12 = 5.88 inlhr Ito = 6.30 inthr Flow for 10 year, 6 hour Storm (Qfo) QPRE - (CPRE) x (125) x (Area) = 19.79 cfs QPosr = (CPosT) x (125) x (Area) = 56.99 cfs ror i CN = (96)(% imp.) + (60)(1-% imp.) = 86 P = 4,82 in. for 10 yr, 6 hr storm S = 10001CN - 10 = 1.63 Depth (D)= [P-(0.2)(S)]2! [P+(0.8)(S)] = 3.30 in. Time to Peak Fiow; Tp = [(43.5)(D)(Area)] ! QIo,PosT 31.64 min. State Surface Area Requirement at normal pool: Pond side slopes = 3 :1 Depth below N.P. = 7 ft. SA1DA = 0.0276 (Chart for 90% TSS Removal for Wet Detention Pond without Vegetative Filter Required SA = (SA1DA) x (Total Drainage Area) 15,106 s . ft. State Volume Reauired for Storaae of first 1" of runoff Rv = .05+ .009(% imp) 0.653808 V= (Design rainfall) (Rv)(Drainage Area) - 29.819 cu. ft. 01122Pond2 1 of 2 415/2004 Interstate Business Park 01122 CDC Stormwater Calculations Pond #2 Pond Volume: Bottom SA = 2,804 sq. ft. Normal Pool SA = 15.619 sq. ft. Vol, = f(N.P. SA + Bottom SA)1 2] x (N.P. el. - Bottom el.) = 64,481 cu.ft. Forebav: Required Volume Vol. = 20 % of storage volume = 12.896 cu.ft. outlet Structure Design: Flow for 2-day drawdown: for 1st 1" of stormwater, Q = Required Vol. 1 172,500 sec. (2-days) 0.173 cfs Required Area of Pipe for 2-day drawdown: A= Q1[CdxSQRT(2xgxh)) Cd = 0.6 9 = 32.2 ft.ls' In = (F.P. elev.- N.P. elev) /2 A = 0.0358 sq. ft. Diameter of Pioe for 2-day drawdown: DIA. = SQRT[(A x 4) 1 pi] 0,2136 ft. = 2.56 in. 'Use: 2.5 in diameter pipe Cutlet Structure Check: Using a 4' x 4' Basin, Perimeter (L) = 16 ft. Q = C$A C = (% imp.)(.95) + (1-% imp.)(.25) = 0.72 1 = 6.30 in. for a 25 yr. Storm A = 12.56 Acres = 56.99 cfs Q= CwxLxH"5 H = [0 1 (Cw x L)]2J3 Cw = 3 1A2 ft. Peak elevation = flood pool elevation + H 26.62 ft. Provided Volume Bottom SA = 3,383 sq. ft. Normal Pool SA = 6.025 sq. ft. Vol. _ ((N.P. SA + Bottom SA) / 21 x (N.P. el. - Bottom el.) = 14,112 cu. ft. depth = 3 ft. Flow for 5-day drawdown: for 1 st 1" of stormwater, Q Required Vol. 1432,000 sec. (5-days) 0.069 cfs Required Area of Pipe for 5-day drawdown: A= Q 1 [Cd x SQRT(2 x g x h)] Cd = 0.6 g = 32,2 ft.lsz h = (F.P. elev. - N.P. olev.) 1 2 = 1 ft. A = 0.0143 sq. ft. Diameter of Pipe for 5-day drawdown: DIA. = SQRT[(A x 4) / pi] = 0.1351 ft. = 1.62 in. 01122Pond2 2 of 2 4/5/2004 Interstate Business Park 01122 CDC Stormwater Calculations Pond #3 Total Drainage Area s , ft. I acres 677,672 15.56 Impervious Area Land Use s , ft. acres Comercial Lots @ 75% 453,200 10,40 Streets 32.979 0.76 Tota I 486,179 11.16 Stormwater Calculations: Time of Concentration Hydraulic Length (L) = 1.350 ft. change in Height (H) = 6 ft. Tc = (C 1H) J" 1 128 16.17 min. Flow for 2 year, 6 hour Storm (Q2) QPRE _ (CFRE) x (Iso) x (Area) = 22.87 cfs QPosr = (CposT) x (Ito) x (Area) = 69.52 cfs sou Mora a Lapaciry ror a year storm: CN = (98)(% imp.) + (60)(1-% imp.) 88 P = 3.30 in. for2yr, 6 hr storm S = 10001CN - 10 1.36 Depth (D)= (P-(0.2)(S)]2 J {P+(0.8)(S)] 2,09 in. Time to Peak Flow: Tp = [(43.5) (0) (Area)] / 02,POST 20.32 min. Detention Pond Desi w Pond Size: Elevation (ft.) Surface Area (sq. ft.) Normal Pocl 23.50 21,552 Flood Pool 25.50 25,359 Top of Bank 28.50 31.494 Bottom of Pool 16.50 4.972 Provided Storage Volume: Vol. _ [(Normal pool SA + Flood Pool SA) 1 21 x (F,P. elev. - N.P. elev.) = 46,911 cu.ft. % impervious = 0.717 = 71.7% say 72.0% CPRE = 0.25 CPosT = (% imp.)(.95)+(1-% imp.)(,25) 0.76 12 = 5.88 in/hr Ito = 6.30 in/hr Flow for 10 year, 6 hour Storm (Oto) QPRE _ (CPRF) x (125) x (Area) = 24.50 cfs QPosT = (CPosT) x (125) x (Area) 74,49 cis Sou Storage L;apacity Tor l0 year Storm: CN = (96)(% imp.) + (60)(1-% imp.) = 88 P 4 4.82 in. for 10 yr, 6 hr storm S = 10001CN - 10 1.36 Depth (D)= [P-(0.2)(3)]2 1 [P+(0.8)(S)] = 3.50 in. Time to Peak Flow: Tp = [(43.5)(D)(Area)] 10 = 31.78 min. stare z)unace area requirement at normal pooi: Pond side slopes = 3 :1 Depth below N.P. = 7 ft. SA1DA = 0.0300 (Chart for 90% TSS Removal for Wet Detention Pond without Vegetative Filter) JDA) x (Total 20.330 sq.ft. State Volume Required for Storaqe of first 1" of runoff Rv = .05+ .009(% imp) 0.695683 V= (Design rainfall)(Rv)(Drainage Area) 39,287 cu. ft. 01122Pond3 1 of 2 415/2004 Interstate Business Park CDC Stormwater Calculations Pond #3 Pond Volume: Bottom SA= 4,972 sq. ft. Normal Pool SA = 21,552 sq. ft. Vol. _ [(N.P. $A + Bottom SA) 12] x (N,P. el. - Bottom el.) 92,834 cu. ft. Forebay: Required Volume Vol. = 20% of storage volume 18,567 cu. ft. Outlet Structure Design: Flow for 2-day drawdown: far 1st 1" of stormwater, Q = Required Vol. 1172,800 sec. (2-days) 0.227 cfs Required Area of Pipe for 2-day drawdown: A= Q! [Cd x SQRT(2 x g x h)] Cd = 0.6 g = 32.2 ft.ls' h = (F.P. elev.- N.P. elev.)12 = 1 ft. A = 0.0472 sq. ft. Diameter of Pipe for 2-dav drawdown DIA. = SQRT[(A x 4) 1 pi] = 0.2452 ft. = 2.94 in. Use: 2.5 in diameter pipe Outlet Structure Check: Using a 4' x 4' Basin, Perimeter L = 16 ft. Q = CIA C = (% imp.)(.95) + (1-% imp.)(.25) 0.76 1 = 6.30 in. for a 25 yr. Storm A = 15.56 Acres 74A9 cfs Q= CwxLxH''5 H = [Q / (Cw x L)]713 Cw = 3 1.34 ft. Peak elevation = flood pool elevation + H = 26.84 ft. Provided Volume Bottom SA = 5,080 sq, ft, Normal Pool SA = 8,096 sq. ft. Vol. _ UN.P, SA+ Bottom SA)! 21 x (N.P. el, - Bottom el.) 19,764 cu, ft. depth = 3 ft. Flow for 5-day drawdown: for ist 1" of stormwater, Q = Required Vol. 1 432,000 sec. (5-days) 0.091 cfs Required Area of Pipe for 5-day drawdown: A= Q! [Cd x SQRT(2 x g x h)] Cd = 0.6 9 = 32.2 ft.lsz h = (F.P. elev, - N.P. elev.) 12 = 1 ft. A = 0,0189 sq. ft. Diameter of Pipe for 5-day drawdown: DIA. = SQRT((A x 4) / pi] 0.1551 ft. 1.86 in. 01122 01122Pcnd3 2 of 2 4/5/2004 Interstate Business Park 01122 CDC Stormwater Calculations Pond #4 Total Drainage Area s . ft. acres 377,798 8.67 Impervious Area Land Use s . ft. acres Comercial Lots @ 75% 236,300 5.42 Streets 0 0.00 Total 236.300 5.42 Stormwater Calculations: Time of Concentration Hydraulic Length (L) = 1,350 ft. change in Height (H) = 6 ft. Ta = (1-4!H)'''1128 = 16.17 min. Flow for 2 year, 6 hour Storm (02) QPRE _ (CPRE) x (11o) x (Area) = 12,75 cfs QPosT = (CPosT) x (11o) x (Area) 35.19 cfs soil $torn a c;apacity for Z year Storm: CN = (98)(% imp.) + (60)(1-% imp.) 84 P = 3.30 in. for2yr, 6 hr storm S= 10001CN-10 = 1.90 Depth (D)= [P-(0.2)(S)]21 [P+(0.8)(S)] = 1.77 in. Time to Peak Flow: TP = ((43.5)(D)(Area)] 1 02,POST = 18.94 min. Detention Pond Dosign: Pond Size: Elevation (ft.) Surface Area (sq. ft,) Normal Pool 23.00 14,149 Flood Pool 25,00 21,596 Top of Bank 27.00 29,448 Bottom of Pool 17.00 1,233 Provided Storage Volume: Vol. _ [(Normal pool SA + Flood Pool SA) 121 x (F.P. elev. - N.P. elev.) = 35,745 cu. ft. °6 impervious = 0.625 = 62.5% say 63.0% CPRE = 0.25 Cposr = (% imp.)(.95)+(1-% imp.)(.25) = 0,69 12 = 5.88 Whr 110 = 6.30 inlhr Flow for 10 year, 6 hour Storm (Q10) QPRE _ (CPRE) X (125) x (Area) 13.66 cfs QPosT = (CPosT) x (125) x (Area) 37.70 cfs soli Storage capacity(-ap=ly Tor iu year storm: CN = (98)(% imp.) + (60)(1-% imp.) 84 P = 4.82 in. for 10 yr, 6 hr storm S = 1000ICN - 10 Depth (0)= [P-(0.2)(S)]21 [P+(0.8)(S)] 3.11 in.' Time to Peak Flow: TP = ((43.5)(D)(Area)] 1 010,PO5T = 31.08 min. Mate surrace urea Ke urrement at normal poor Pond side slopes = 3 :1 Depth below N.P. = 6 ft. SAIDA = 0.0355 (Chart for 90% TSS Removal for Wet Detention Pond without Vegetative Filter) Required SA = (SAIDA) x (Total Drainage Area) 13,412 sq, ft. State Volume Required for Storage of first 1" of runoff: Rv = .05+ .009(% imp) 0.61292 V= (Design rainfall)(Rv)(Drainage Area) = 19.297 cu, ft, 01122Pond4 1 of 2 415/2004 Interstate Business Park CDC Stormwater Calculations Pond 94 Pond Volume: Bottom SA = 1,233 sq. ft. Normal Pool SA = 14,149 sq. ft, Vol. _ [(N.P. SA + Bottom SA) 1 2] x (N.P. el. - Bottom el.) 46.146 cu. ft. Forebaw Required Volume Vol. = 20% of storage volume 9,229 cu. ft. Outlet Structure Design: Flow for 2-day drawdown: for 1st 1" of stormwater, Q = Required Vol. 1172.800 set. (2-days) 0.112 cfs Required Area of Pipe for 2-day drawdown: A= Q I [Cd x SQRT(2 x g x h)] Cd = 0.6 g = 32.2 ft.152 h = (F.P. elev.- N.P. elev.) 12 1 ft. A = 0.0232 sq. ft. Diameter of Pipe for 2-dav drawdown: DIA. = SQRT[(A x 4) 1 pi] 0.1718 ft. = 2.06 in. 'Use: 2.0 in diameter pipe Outlet Structure Check: Using a 4' x 4' Basin, Perimeter (L) = 16 ft. Q = CIA C = (% imp.)(.95) + (1-% imp)(25) = 0.69 1 = 6.30 in. for a 25 yr. Storm A = 8.67 Acres = 37.70 cfs Q= CwxLxH"-9 H = [Q I (Cw x L)]2j3 Cw = 3 Peak elevation = Flood pool elevation + H 25.85 ft. Provided Volume Bottom SA = 2.086 sq. ft. Normai Pool SA = 4,614 sq. ft. Vol. = ((N. P. SA + Bottom SA) 12] x (N.P. el. - Bottom el.) 10.050 cu. ft. depth = 3 ft. Flow for 5-day drawdown: for 1st 1" of stormwater, Q = Required Vol. 1432,000 sec. (5-days) 0,045 cfs Required Area of Pipe for 5-day drawdown: A= QI[CdxSQRT(2xgxh)] Cd = 0,6 g = 32.2 ft.Isz h = (F.P. elev. - N.P. elev.) 12 = 1 ft. A = 0.0093 sq. ft. Diameter of Pipe for 5-day drawdown: DIA. = SQRT((A x 4) 1 pi] 0,1087 ft. 1.30 in. 01122 01122Pcnd4 2 of 2 TRIPP ENGINEERING, P.C. 41 419 Chestnut Street Wilmington? North Caroline 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 April 22, 2004 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Laurie Munn Re: Interstate Business Park SW8 040401 New Hanover County, NC TE 01122 Dear Laurie: In response to your correspondence dated April 15, 2004, we offer the following: 1. We have removed piping and outlet protection from the wetlands as much as possible. A phone conversation with Noelle concluded proposed piping was acceptable and did not need her review (less than 0.3 acre). 2. A note has been provided that each lot is required to direct all stormwater runoff the. corresponding pond. Please acknowledge each lot is required to obtain an off -site permit, therefore drainage design will be reviewed by your office. 3. The 6:1 vegetated shelf has been specified at 10' wide. 4. The 3:1 flow length has been provided by the adjustment of the forebay spillway location on both pond #2 and #2 and a baffle added to pond #2. 5. Specified elevations for the cross -pipe at Kerry Drive have been provided. Pipe will allow the separated area to maintain an equal normal pool. 6. The attachment A, page #2 and corresponding wet detention supplements are enclosed. 7. A copy of the proposed deed restrictions is provided. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tripp Engineering, P.C. r Charles D. Cazier, E.I. CDC:dcb Enc. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality April 15, 2004 Mr. Howard Penton, Member Manager Interstate Business Park, LLC P.O. Box 1229 Wilmington, NC 28402 Subject: REQUEST FOR ADDITIONAL INFORNMATION Stormwater Project No. SW8 040401 Interstate Business Park New Hanover County Dear Mr. Penton: The Wilmington Regional Office received a Stormwater Management Permit Application for Interstate Business Park on April 6, 2004. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: -/L Please contact Noelle Lutheran to discuss the wetland disturbance. Please pull the discharge piping and outlet protection from the pond out of the wetlands. Ok- 1 2. Please provide a note on the plans that all roof drainage must be directed so as to be picked up by the pond. 3. Please revise the pond details to show the 6,1 vegetative shelf to be 10 feet wide. 4. Please provide a 3:1 L:W flow path ratio in the pond. Pond 2 and Pond 3 do not meet this criteria. A baffle may be added to Pond 2 to lengthen the flow path.- It is possible to achieve the required length in Pond 3 by relocating the pond inlet and overflow area to the main pond. I have provided a sketch. j Uj C( e,(p L/a �v' ,Gt MC- - CY) J 5. Please provide elevations for the pipe connecting Pond 4 under Kerry Drive, 6. From Attachment "A", I am calculating that the impervious runoff from the lots in drainage area 1 is 857,435 square feet and the impervious runoff from the lots in drainage area 3 is 463,200 square feet. This increase in the built -upon area in drainage area 1 will affect the required surface area in Pond 1. Please revise the application as necessary. 7. Please provide a copy of the proposed deed restrictions to include all required conditions and limitations. I have included a copy of the required co_v_enanta. Please note that this request .for additional information is in response to a preliminary review. The requested information should be received by this Office prior to April 22, 2004, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 '*h NC'DENR Mr. Howard Penton Page 2 April 15, 2004 If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, � It� Laurie Munn Environmental Engineer RSS/:Ism S:IWQSISTORMtiVAT1ADDINFO12004104040Lapr04.doc cc: Laurie Munn Charlie Cazier Enclosures 28.5 ; 16.5 142' tDD, M U 1 WATER Sy _QASS SWAM (3- t ) -SITE STORM NOVi1RS� R q�,CRIGA UNITCD TA PACE 0158 Bfl0K �.E.S VNV. 23.75 8 'xt8 E.D. ��S�x10 1 crj:,RENCE MANHOLE ND' INTER a.{YpAc RrN29 . 22 on —SIT 5 N� 24 5 R 36 P•" r MH ND•5 �SMH 1 a R M 27.5 IW.23.6 GE EAS g, 3(]'�" ' •rF TST No.2 24" F.E �.,..,.- N4,2 3;1 SWALE a •'���_a. s2� TST No.28 s -'zr' NO Q a t OT 42 F. IN`�. 24.5 , APQRO� f s. ` E 4"E.D. t .i]6 hh x2 � OUTLET ST TURF AT41 APPROX. I g �•f ` i SpRCQ .0.8 00 HSsn02 ------ - :11 . 1 :1 S A�- N4 :•� TST No- 5 0 0,_ - r W �86�� �.� •a Np.B w u �A Np.7 FA` ��15T SO;"o h� . r� 3E = No` TST -� w- MH 6A sue+ 4 3.5 i -. P.— 517 y n � LO pRD� �r 48� �' ��' 'Zt}YEID• 7 gq 59.�Z' s5. �ss.2 "s'a;-e. ' $ :7' AP ?�} �1 ro X q'x / �� �3t 3g•yy Sa1520� a3.°1 _nT 5WA1-E No.22 a now Z)yo-R rP S-hi cJiaiS 1 lrl a u des S2 tzcy) -4 et*" --TLF o Y G RNGy +S cz pro + ca b'[e INFORNIATIOI PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS -In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for certain developments where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" surface area consistent with the applicable regulation limiting built -upon area. The following deed restrictions and covenants must be recorded prior to issuing the Stormwater Management Permit: ( I. J For All Projects: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000. 2 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the arpress written consent of the State of North Carolina, Division of Water Quality. S. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. II. Low Density Residential Subdivisions (In addition to 1.1- 1.5 and all others that apply) The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. If the BUA per lot varies, record as follows and provide a complete lot listing with proposed BUA: _.. The maximum allowable built-uporu area per lot is as follows:- Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface ofswimming pools. 2E llingglILar—pips ng nfanv ve¢Ptnti�vP,_-(ditslnp�Clucales,-etr-. a &ooaa-ted-w th-the-developnient-exeept---•---- for average driveway crossings, is strictly prohibited by any persons. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. —.-..4- - _._-. All roof drains=shall-terriliiiate-dt-least=30-frairi--the=iniean-high=iv ater-irrark=of-siirface-waters. - III Low Density Subdivision with Curbs and Gutters: (In addition to L l-L5, II.1-11.4 and all others that apply) 1. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. ?. This project proposes a curb outlet system. Each designated curb outlet Swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H.• V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover. IV Project lies within CAMA's AEC: (lit addition to L1-L5 and all others that apply) "Lots within CAMA's Area of Environmental Concern may have the permitted maximum built -upon area reduced due to CAMA jurisdiction within the AEC. " V. For Low Density Commercial Subdivisions: (In addition to L1-L5, ILI-IL4 and all others that apply) Each lot whose ownership is not retained bythe permittee, shall submit a separate low density stormwater permit application to the Division of Water Quality and receive a permit prior to construction. Lots retained by the permittee shall be submitted as modifications to the original permit. ?. If one lot exceeds the allowable built -upon area, the entire subdivision is subject to the high density design criteria. VI For High Density Commercial Subdivisions: (lit addition to all others that apply) 1. The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and thatportion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. If the BUA per lot varies, please record as follows and provide a complete lot listing with proposed BUA: The maximum allowable built -upon area per lot is as follows: Lot # B UA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, strictures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. ?. All runofffroyn the built -upon areas on the lot must drain into the permitted system. This may be accomplished _ tltrou�l pravidin- o drain Zzilterc ivhtclzdraia-tcLtjw-stxe.4-gxading-tlie-lot-to-dxaixrto�uaxd tl2e street,—e grading perimeter swales to collect lot runoff and directing them into the stornwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. 3. Each lot whose ownership is not retained by the permittee, shall submit a separate stornnvater permit application - - - - -to --- the�Division:of Water 0itWity-Dh& ene- i i;e a -p e Fi n i FprioFto-constrii&ion. VI1. For High Density Residential Subdivisions: (In addition to LI -LS and all others that apply) The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. If the BUA per lot varies, please record as follows and provide a complete lot listing with proposed BUA: The maximum allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion: of the right-of-way between the front lot line and the edge of the pavement, Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. All runofffrom the built -upon areas on the lot must drain into the permitted systeni. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures" VIII For Shopping Centers with Outparcels or a Future Development allotment: (In addition to 1-1 through 1-5 and all others that apply) 1. The maximum built -upon area for outparcel(s) and f rture areas shown on the approved plans is as follows: Outparcel # BUA Future Development These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lures and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. ?. The runofffrom all built -upon area on the outparcel or future area must be directed into the permitted stormwater control system. 3. Built -upon area in excess of the permitted amount will require a permit modification. 4. The connection from the outparcel's collection system into the stormwater control shall be made such that short- - circuiting of the system does not occur. Each outparcel or future development tract whose ownership is not retained by the perrnittee, shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. 3 * COMMUNICATION 'RESULT REPORT ( APR. 15.2004 2: 31PM ) � � � P. 1 -PILE MODE ___ OPTION TTI NCDENR WIRO _--___�__ RDDRESS (GROUP) 913 _MEMORY TX----"_________________PAP(GO RESULT 97635631-_ __ __ -_-------------_----------PAGEPAGE OK P. 7/7 REASON FOR LERROR -------------------------------------------- E-1) HANG UA OR LINE FAIL --_`-'PAPA________________________ -^ E-3) NO RNSWER E-2) Busy- E-4) NO FACSIMILE CONNECTION SWOOfi QftCAMUt$ Whaington Resi0nid affi4p xirf�o#�aai F. Fssl�y, C�vsunar Wiffis m 0,1ioss Jr., samtary FAX COVER SIMET Dote: No. of pages; TO: From: j co: CO. FAX #:-- a g(ol--�--- FA►3(#. U*jQQ4...�..�._ _.., 221 Cardinot DrWo EWA%*M WlWagpart, NX, *45.W Tabp us (90) 34S4M For MQ) Alf !`q"l O►p nwky Alan' Qv* Ac*ll r State of North Carolina Department ofEnviromnent and Natural Resources • Wilmington Regional Office ' Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEEN' Date: 1 No. Of Pages: rl TQ: From: La U. r n CO: CO: FAX #:, q3 FAX#: 910-35M004 f'1 127 Cardinal Drive Extenslan, Wllmlagtan, N.C. IMS-3945 Telephone (910) 395.3900 Fain (910) 350.2004 An Equal Opportunity AMrmai$ve Action Employer TRIPP ENGINEERING, P.C. 419 Chestnut Street, Wilmington, NC 28401 Phone: (910) 763-5 100 • FAX: (910) 763-6631 Email: trippeng@ec.rr.com 1 LETTER OF TRANSMITTAL To: ACVFI . Attention: ��`e N bWtA Subject: _ 1. smgg?-Me I FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER ( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other Copies Item No. Description t CA 16'a P[A These are transmitted as ch cked below: ( 1,Yf"or Approval ( or Your Use { ) Sign & Return ( ) Review Remarks: cc: Signed:C4"Qa�c--) TRIPP ENGINEERING, P.C. 419 Ch StllLlt StI'CC_t Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 April 5, 2004 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Laurie Munn Re: Interstate Business Park New Hanover County, NC TE 01122 Dear Laurie: I. :D APR - 6 Z004 BY: Enclosed please find two (2) sets of plans, one (1) signed original and one (1) copy of the application form with narrative; four (4) wet detention basin supplements; two (2) sets of calculations and one check for the express review application fee. Please review for approval and contact us with any questions or comments. Thank you. Sincerely, uacquenne ping ]K:dcb Eric. April 5, 2004 Stormwater Narrative Interstate Business Park New Hanover County, NC TE 01122 Interstate Business Park is a high density commercial development of 44 lots and access roads which will draw to the Cape Pear River Basin. Classification falls in the C-SW category. Each lot will be limited to 85% built upon area, a total of 2,109,372 sf impervious. All access roads are 20' wide and total 122,756 sf impervious. The total impervious areas for the development will be 70.65% Stormwater will be handled with 3:1 road side swales. Each swale will be designed at a slope that will provide non -erosive velocities during a 10-year storm. Each Swale will enter one of the four community detention ponds provided. Each pond has also been designed to meet County and State requirements.