20051607 Ver 1_More Info Received_20051212

HUGH J. GILLEECE
& ASSOCIATES P.A.
873 WALNUT STREET
SUITE 360
CARY, NORTII CAROLINA 27511
[phone]
Fax: [phone]
TO -t-
LIEUTEIM @IF CTmZZmSn9C1rCad
ATTENTION
IRE:

WE ARE SENDING YOU ? Attached O Under separate cover via the following items:
? Shop drawings ? Prints O Plans O Samples O Specifications
4?f Copy of letter ? Change order ?
COPIES DATE NO. CRIPTION
DE
1 17?(/O-1' S
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THESE ARE TRANSMITTED as chocked below:
O For approval ? Approved as submitted ? Resubmit copies for approval
For your uSo ? Approved as noted O Submit copios for distribution
?4As requested ? Rotumod for corrections O Roturn corroctod prints
O For review and comment ?
? FOR BIDS DUE 20 O PRINTS RETURNED AFTER LOAN TO US
REMARKS
L9 Q?
2 0VIE 00
DEC 12 2005
LEN ti -'NWJ R QUALITY
"E T LANDS N,D STC i,l f',,OTER BRANCH
COPY TO SIGNED: y' ? ???--
I/ enU01U/e8 are not as noted, kindly notify ua of once.
STORMWATER CONTOL STRUCTURE
BIO-RETENTION MAINTENANCE AGREEMENT
PROJECT: Highland Village
RESPONSIBLE PARTY: DHIC, Inc. PHONE #: [phone]
ADDRESS: 113 S. Wilmington St.
Raleigh NC 27601
Monthly or after every runoff producing rainfall, whichever comes first:
a. Remove debris from bio-retention area.
b. Inspect for ponding, washed-out areas, and soil conditions.
c. Check for eroded areas of bio-retention area and repair before next rainfall.
d. Check vegetation conditions within the bio-retention area and replace if necessary any damaged
plant materials.
II. Quarterly
a. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning.
Clear accumulated trash from basin grates, and basin bottoms, and check piping for obstructions.
b. Check pond inlet pipes for undercutting. Repair if necessary.
c. Repair any broken pipes.
d. Remulch any void areas by hand whenever needed.
e. Replace rip rap at out let pipe that is choked with sediment.
III. Semi-Annually
a. Reseed grass swale or border twice yearly.
b. Apply new mulch twice yearly.
IV. General
a. All components of bio-retention area to be kept in working order.
b. This property and bio-retention area is also subject to the Operations and Maintenance Manual filed
in relation to this project.
c. In case the ownership of the Impoundment Transfers, the current owner shall, within thirty (30) days
of transfer of ownership, notify the Town of Cary Engineering Department, Stormwater
Management Division of such ownership transfer.
I, ?lrelt/ /?,q bill's 0 n hereby acknowledge that I am the financially responsible party for
maintenance of this impoundment. I will perform the maintenance as outlined above, as part of the Certificate
of Compliance with Stormwa r Regulations received for this project.
Signature: Date: Z O
I, en l u U? ?. , a Notary Public for the State of d6r-?h 0A n County of Ip?QlLz- ,
do hereby certify that tYe )(J Eohi n g? personally appeared before me this O 4h day of
_bP(\,Pm 6 ,gf , 2004 and acknowledge due execution of the foregoing instrument. Witness my
hand and official seal,
Seal _ My commission expires: 'q - 31- "wo 12
ckc
Maintenance !agreement C:\word Files\5400.15\M3intenance.doc
Ccf t'1
Return to., Thomas L. Horstman, CPESC
Erosion Control Supervisor
DEVELOPMENT REVIEW
Town of Cary
PO Box 8005, Cary, NC 27512
NORTH CAROLINA
WAKE COUNTY
DEED OF RESERVOIR WATERSHED PROTECTION
AND ACCESS AND MAINTENANCE EASEMENTS
. AND AGREEMENT
Highland Village Planned Community
Cary. North Carolina
THIS DEED OF EASEMENTS AND AGREEMENT is made this day of
December, 2004, by and among (i) "Highland Village" developer DHIC, INC. a. North Carolina
non-profit corporation ("Developer"); (ii) Highland Seniors Limited Partnership, a North
Carolina limited partnership; (iii) Highland Village Limited Partnership, a North Carolina
limited partnership, and (iv Highland Manor Apartments, Inc., a North Carolina non-profit
corporation, parties of the first part and all having a principal address or 113 S. Wilmington
Street, Raleigh, North Carolina 27601 with, to, and for the benefit of the Town of Cary, a
municipal corporation of the State of North Carolina ("Grantee" or the "Town") having an
address, of Post Office Box 8005, Cary North Carolina 27512-8005, party of the second part.
WI TNESSETH:
WHEREAS, DHIC is the developer of "Highland Village Planned Community" ("Highland
Village") located off High House Road in the Town of Cary, Wake County, North Carolina
situated on a tract of land more particularly described as:
BEING all of Tract 2 containing 17.9865 acres as shown on plat as shown
on plat dated March 18, 2002 and recorded in the office of the Wake County
Registry of Deeds,(the "County Registry') in Book of Maps 2002, Page
580, Wake County Registry,

and being the same land conveyed to DHIC by deed recorded in the County Registry in Book
9370, Page 2182 (the "Highland Village Tract" or the "Property"); and
WHEREAS, since acquiring the Highland Village Tract, DHIC has subdivided the parcel
into six (6) tracts together with the creation of "Matheson Place (60' Public R/W)" and the
extension of "Falcone Parkway (60' Public R/W)" pursuant to plat entitled "Highland Village, A
Planned Unit Development," dated November 27, 2003 and recorded in the County Registry in
Book of Maps 2002, Page 2030; and
WHEREAS, DHIC is currently the owner of all of Lots 1, 2, and 3 of the Highland Village
Tract but has conveyed the remaining three lots to other affiliate entities including the
conveyance of (i) Lot 4 to Highland Seniors Limited Partnership ("Highland Seniors
Partnership") by deed recorded in the County Registry in Book 9794, Page 1604; (ii) Lot 5 to
Highland Village Limited Partnership ("Highland Village Partnership") by deed recorded in the
County Registry in Book 10565, Page 167, and (ii) Lot 6 to Highland Manor Apartments, Inc.
("Highland Manor") by deed recorded in the County Registry in Book 10565, Page 162; and
WHEREAS, the Highland Village Tract being located in a Reservoir Watershed
Protection District within the Town's planning jurisdiction is subject to certain requirements set
forth in the Town's Land Development Ordinance, as such ordinance may be amended from
time to time (collectively, with all amendments thereto, if any, the "Cary LDO"); and
WHEREAS, the Town has conditioned the development of the Property upon
Developer's implementation of certain watershed protection measures including but not limited
to (i) the conveyance or dedication of three (3) "Reservoir Watershed Protection" easements
(the "RWP Easements"); (ii) the construction, operation and maintenance of one or more
engineered stormwater control structures as required by the Cary LDO Including, as
appropriate, bio•retention areas, grassed swales, inlet pipes, catch basins, rip rap, together with
the establishment and maintenance of vegetative filters and groundcovers (collectively, the
"Stormwater Control Structures"); (iii) the dedication of one or more "Access and
Maintenance Easements for the Town's inspection and maintenance of the RWP Easement
areas and the. Stormwater Control Structures respectively appurtenant thereto (the "Access
and Maintenance Easements") and (iii) Developer's assumption and responsibility for certain
specified maintenance and repair responsibilities together with the Benefited Property Owners'
(as hereinafter defined) assumption of secondary liability for such responsibilities under the
conditions specified herein; and
WHEREAS, the "RWP Easements" and "Access and Maintenance Easements" are
depicted as "Storm Water Best Management Practice, Access and Maintenance Easement(s)"
"1 ,,, `2," (both as located on Lot 1) and "3" (located on Lot 5) as shown on plat and survey
entitled "Easement Plat for Highland Village, A Planned Unit Development," Cary, Wake County,
NC, dated December 15, 2004, prepared by Bass, Nixon & Kennedy, Inc., Consulting
Engineers," (the "Easement Plat"), which plat is (i) attached hereto as Exhibit A and hereby
incorporated by reference and (ii) duly recorded or to be recorded in the County Registry; and
1934293
'ej V V Y
WHEREAS, (i) DHIC is the fee simple owner of Lot 1 upon which "Easement #1" and
"Easement #2" (as both such easements are shown on the Easement Plat) are located and (ii)
Highland Village Partnership is the fee simple owner of Lot 5 upon which Easement #3 (as
shown on the Easement Plat) is located; and
WHEREAS, while no RWP Easements, Access and Maintenance Easements or
Stormwater Control Structures are located on Lot 4 and Lot 6, these lots and their respective
owners Highland Seniors Partnership and Highland Manor are beneficiaries of such easements
and structures and the Town's allowing Developer to proceed with developing the Property
pursuant to the execution and delivery of this instrument and the Town's issuance of a
certification of compliance for the Property in connection with its stormwater management
requirements; Highland Seniors Partnership, Highland Manor together with Highland Village
Partnership are secondarily responsible for Developer's compliance with the Stormwater
Management Requirements and the general management of stormwater on their respective
lots; and
WHEREAS, the Town has procured this Deed of Easements and Agreement in
accordance with the requirements of N.C.G.S. Sec 143-211 et• seq. and Chapter 10, Part 3 of
the Cary LOO; and
WHEREAS, (i) DHIC in its capacity as Developer shall hereinafter be referred to as
"Developer;" (ii) DHIC and Highland Village Partnership in their capacity as grantors of the
RWP Easements and the Access and Maintenance Easements" as shown on the Easement
Plat shall hereinafter be referred to collectively as "Grantor; and (iii) Highland Village
Partnership, Highland Seniors Partnership and Highland Manor in their respective capacities as
fee simple owners of property within Highland Village benefiting from the execution and delivery
of this instrument and the Town's issuance of a certification of compliance for the Property in
connection with its stormwater management requirements shall be hereinafter- referred to
collectively, as the "Additional Benefited Owners;"and
WHEREAS, all the aforesaid recitals are incorporated within the body of this instrument
as if fully set forth herein.
NOW, THEREFORE, for valuable consideration including the respective benefits to and
the Town's allowing the continued development of the Property and other good and valuable
consideration between and among the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, DHIC and Highland Village Limited Partnership has dedicated,
bargained and conveyed and by these presents does hereby dedicate bargain, sell, grant and
convey unto Grantee, its successors and assigns, the following perpetual, and irrevocable rights
and easements in, on, over, under, through and across respectively Lots 1 and 5 of the
Highland Village Tract for (2) those RWP Easements (as defined above and shown and
depicted as described above on the Easement Plat) within which easements Developer shall
construct, maintain, repair and reconstruct as necessary the Stormwater Control Structures (as
193s29v3 3
defined above), and (2) those certain Access and Maintenance Easements (as defined above
and shown and depicted as described above on the Easement Plat) as shown and depicted on
the Easement Plat, which latter easements shall be for the purpose of permitting the Town's
inspection and, if necessary, its maintenance and repair of the RWP Easement areas and
Stormwater Control Structures as more fully set forth herein and in the Cary UDO.
The additional terms, conditions, and restrictions of this conveyance and agreement are
as follows,
Developer agrees it shall maintain the RWP Easement areas in accordance with the
provisions set forth in Chapter 4, Part 4.6 of the Cary LDO and the "Operation and
Maintenance Manual for Highland Village, Cary, NC," dated and prepared by
Hugh J.. Gilleece, III and Associates (the "Operations and Maintenance Manual"), a
copy of which is on file with the Town Engineering Department and which shall be
recorded in . the County Registry by its attachment hereto as "Attachment One".
Developer further agrees that as appropriate it (or its assigns) shall at its sole cost and
expense perform the following work and maintenance respectively within and to the
RWP Easements areas and the Stormwater Control Structures appurtenant thereto.
1.1 Monthly or after every runoff producing rainfall, whichever event shall
first occur:
1.1.1 Remove debris from bio-retention area.
1.1.2 Inspect for ponding, washed-out areas, and soil conditions.
1.1.3 Check for eroded areas of bio-retention area and repair as is reasonably
practical before next rainfall.
1.1.4 Check vegetation conditions within the bio-retention area and replace i(
necessary any damaged plant materials.
1.2 Quarterly.
1.2.1 Inspect the collection system (i.e., catch basin, piping, grassed swales)
for proper functioning. Clear accumulated trash from basin grates, and
basin bottoms, and check piping for obstructions.
1.2.2 Check pond inlet pipes for undercutting. Repair if necessary.
1.2.3 Repair any broken pipes.
1.2.4 Re-mulch any void areas by hand whenever needed.
1.2.5 Replace rip rap at out let pipe that is choked with sediment.
1.3 Semi-Annually.
1934293 4
W_lVvv
1.3.1 Reseed grass Swale or border twice yearly.
1.3.2 Apply new mulch twice yearly.
1.4 General Maintenance.
1.4.1 All components of bio-retention area to be kept in working order.
1.4.2 The Property and bio-retention area are also subject to the terms,
restrictions and conditions of the Operations and Maintenance Manual
attached hereto and pursuant to the recordation of this instrument duly
filed in the County Registry.
1.4.3 In the event a change in ownership of the Property occurs, the current
owner shall notify the Stormwater Management Division of the Town
of Cary Engineering Department within thirty (30) days of such title
transfer.
2. Developer represents and warrants that Developer is financially responsible for
construction, maintenance, repair and replacement of all Stormwater Control Structures,
appurtenances and vegetation including any and all impoundments. In consideration of
the Town's issuance to Developer. of a Certificates of Compliance" with stormwater
regulations for the Property, Developer agrees to, perform the maintenance as outlined
above and in the Operations and Maintenance Manual (collectively, the "Stormwater
Management Requirements").
In the event Developer fails to comply with the Stormwater Management Requirements,
or any other obligations imposed herein or by the Cary LDO or Operations and
Maintenance Manual, (i) the Additional Benefited Owners (as defined above) shall be
responsible for controlling stormwater on their respective lots as required by the Town
and (ii) the Town may fulfill such requirements and perform such work as Developer is
responsible for and recover from Developer all costs and expenses in connection
therewith.
4. This Easement and Agreement grants, gives and provides Grantee, its officers,
employees, and agents the affirmative right to: .
4.1 Enter the RWP Easement and Access Easement areas whenever reasonably
necessary for the purpose of inspection in order to determine Developer's
compliance the Stormwater Management Requirements;
4.2 To maintain the stormwater management system and make repairs or
replacements to the Stormwater Control Structures and appurtenances as
may be necessary or convenient thereto: and
4.3 In the event Developer defaults in its obligations to recover from Developer the
cost of carrying out Developer's stormwater management responsibilities and in
addition to other rights and remedies available to it, to enforce by proceedings at
193a29v3
law or in equity the rights, covenants, duties, and other obligations herein
imposed
DHIC and Highland Village Partnership as Grantor or an affiliate thereof shall in all other
respects (i) remain the fee owner of the Property and areas subject to the easements
granted herein and (ii) may make all lawful uses of Property not inconsistent with such
easements; provided further, however, that Grantor agrees that the terms, conditions
and restrictions of this instrument shall be inserted by Grantor in any subsequent deed
or other legal instrument by which DHIC and Highland Village Partnership respectively
divest themselves of any of their respective fee simple or possessory interests (with the
exception of residential leases or deeds to townhouse and condominium owners entered
into in the ordinary course of business) in their respective portions of the Property. The
designation Grantor and Grantee shall include DHIC and Highland Village Partnership
and their respective successors and assigns.
6. Grantee shall not waive or forfeit the right to take any action to ensure compliance with
the terms, conditions, restrictions and purposes set forth in this instrument by any prior
failure to act.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted
to Grantee, its successors and assigns forever, and DHIC and Highland Village Partnership as
Grantor do each respectively covenant that each is seized respectively of Lots 1 and 5 of the
Highland Village Tract in fee and has the right to convey the same, and except as to matters of
title set forth on Schedule A (the "Permitted Exceptions"), such real property is free from all
encumbrances and that each Grantor will warrant and defend the title to its respective lot or
parcel of the Property against the claims of all persons whosoever.
The covenants agreed hereto and the conditions imposed herein shall be binding as
appropriate upon Grantor in its capacity as property owner and DHIC in its capacity as property
owner and Developer and their respective agents, successors and assigns and all other
successors to Grantor and Developer in interest and shall continue as a servitude running in
perpetuity with the above described land.
IN WITNESS WHEREOF, DHIC as Developer and Grantor and Highland Village
Partnership as "Grantor" have caused this instrument to be signed in their respective names by
their respective duly authorized officers and general partner and their respective seal to be
hereunto affixed by authority duly given as of the day and year first above written.
[SIGNATURE PAGES AND ACKNOWLEDGEMENTS ATTACHED)
1934291v3
Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc., Grantor and Developer
Highland Village Limited Partnership, Grantor
Highland Seniors Limited Partnership et al
Additional Benefited Owners
Town of Cary, Grantee
GRANTOR and DEVELOPER:
DHIC, INC., a North Carolina non-profit corporation
By:
Greg ry R Warr n, President
-- ;` ? ,??pa?rn?nnnnugAnp
ATT Ir ST.
Secretary
a N _
d ' -
HA. t
(Affix Corporate Seal) -l" ? C? /
NORTH CAROLINA ^fTy?s?'a,1?„? L7,,??oner'??~
WAKE COUNTY
A a Notary Public for the State and County aforesaid do
hereby certify that a nArr, !a a rp ? personally appeared before me this day and
acknowledge that the is the Secretary of DHIC, Inc. and that the aforesaid instrument was
signed in its corporate name by its President and the corporate seal duly affixed hereto all by
authority duly given.
Witness my hand and official seal this A5? day of December, 2004.
-? w
Notary Public
My Commission Expires, (31 ?pOCp
193429Y2
193429v3
Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc., Grantor and Developer
Highland Village Limited Partnership, Grantor
Highland Seniors Limited Partnership et al
Additional Benefited Owners
Town of Cary, Grantee
GRANTOR and ADDITIONAL BENEFITED
PROPERTY OWNER:
HIGHLAND VILLAGE LIMITED PARTNERSHIP, a North
Carolina Limited Partnership (SEAL)
By: Highland Village Development, Inc., a North Carolina
corporation and its general partner (SEAL)
By
Atteit: f
Gre ory F. W ren, President
'r Sect-eta`^y
(„ ifix Corpordte.Seal)
NORTH CAR0Li, NA
WAKE COUNTY
I, Lj I,-::- ? :',r ?zf! , a Notary Public for the State and County aforesaid do
hereby certify that a.. ? a ?=A?r personally appeared before me this day and
acknowledge that the is the Secretary of Highland Village Development
Corporation which is the General Partner of HIGHLAND VILLAGE LIMITED PARTNERSSIP
(the "Limited Partnership") and that the aforesaid instrument was signed on its in its corporate
name in its capacity as General Partner of the Limited Partnership by its President and the
corporate seal duly affixed hereto all by authority duly given.
Witness my hand and official seal this,?;ROT%ay of December, 2004.
l Notary Public
My Commission Expires.*
?,?
193429vz a

Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc.. Grantor and Developer
Highland Village Limited Partnership, Grantor
Highland Seniors Limited Partnership et at
Additional Benefited Owners
Town of Cary, Grantee
[AFFIX CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
ADDITIONAL BENEFITED PROPERTY OWNER:
HIGHLAND SENIORS LIMITED PARTNERSHIP,
a North Carolina limited partnership (SEAL)
By: HIGHLAND SENIORS DEVELOPMENT, INC., a
North Carolina corporation, its managing general
partner
By: ?/' k (?? t V V ?-U
Name: Natalie Connell
Title: Vice President
Ja Notary Public for the State and County
aforesaid, certify that Natalie Connell personally appeared before me this day and
acknowledged that she is Vice President of HIGHLAND SENIORS DEVELOPMENT, INC., a
North Carolina corporation (the "Corporation") and managing general partner of HIGHLAND
SENIORS LIMITED PARTNERSHIP, a North Carolina limited partnership (the "Partnership")
and that by authority duly given and as the act of the Corporation in its capacity as general
partner of the Partnership, the foregoing instrument was signed in its name by her as its Vice
President and sealed with its corporate seal.
Witness my hand and official seal this ,20 l day of A(A'P'l, l, 2004.
J J ?.
Notary Public
My commission expires: abo tp
193429v3 9
Signature and Acknowledgment Page
Deed of Easement and Agreement
DHIC, Inc., Grantor and Developer
Highland Village Limited Partnership, Grantor
Highland Seniors Limited Partnership et al
Additional Benefited Owners
Town of Cary, Grantee
Additional Benefited Property Owner:
HIGHLAND MANOR APARTMENTS, INC.,
a North Carolina non-profit corporation_
,C

- - - Name: Drew Robinson
- '-- -- Title: Vice President
[AFFIX-CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Isar L; ti a Notary Public for the State and County
aforesaid, certify that Drew Robinson personally appeared before me this day and
acknowledged that he is Vice President of HIGHLAND MANOR APARTMENTS INC. a North
Carolina non-profit corporation (the "Corporation") and that by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by him as its Vice
President and sealed with its corporate seal.
Witness my hand and official seal thisc2drh day of 1 2004.
Notary Public
My commission expires: J,__>JL_ t 3 1 ?Ov
1934293 10
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ATTACHMENT ONE
OPERATIONS & MAINTENANCE MANUAL
STORMWATER CONTROL STRUCTURE
AND
B10-RETENTION AREA(S)
Responsible Party: DHIC, INC.
Address: 113 South Wilmington Street, Raleigh, NC.
Phone Number: [phone]
Prepared by: Hugh J. Gilleece, IIII and Associates
Date:
Project: HIGHLAND VILLAGE PLANNED COMMUNITY
Date Constructed: November 2003
Location: High House Rd., Cary, North Carolina
Receiving Water Course, Swift Creek (Neuse River Basinj
Contractor(s): (Listed below):
Landscape Contractor Custis Nursery, Inc.
Grading Contractor Mammouth Grading
OPERATIONS AND MAINTENANCE MANUAL
HIGHLAND VILLAGE STORMWATER BIO-RETENTION AREA
This manual establishes procedures for maintenance and operation of the Highland
Village Bio-retention area (s) in accordance with the Town of Cary guidelines as set
forth in the LDO Section 4.4.6
MAINTENANCE OF 910-RETENTION AREAS
Vegetation-- The drainage areas have a ground cover of warm season grasses or
fescue, which if properly maintained will prevent erosion of the embankment and
provide an easy surface for inspection. The grass will be most difficult to obtain in the
area subject to water level fluctuation. Grass should be fertilized every October and
April.
Re-Seeding- Periodic re-seeding may be required to establish grass on areas where
seed did not take or have been destroyed. Before seeding, fertilizer (12-12-12) should
be applied at a minimum rate of 12 to 15 pounds per 1,000 SF. The seed should be
evenly sown at a rate of three pounds per 1,000 SF. The seed should be covered with
soil to the depth of approximately '/d". Immediately following the planting, the area
should be mulched with straw.
Trees and Shrubs Trees, shrubs and other landscape vegetation should be permitted
only as shown on the approved planting plan. The vegetation should be kept healthy
and vibrant. If a tree or shrub dies it should be removed and replaced with another tree
or shrub from the same species (see attached maintenance schedule).
Mowing-Grass . mowing, brush cutting and removal of weed vegetation will be
necessary for the proper maintenance of the areas. AJI area slopes and vegetation
should be mowed when the grass exceeds 8" in height. Acceptable methods include
the use of weed whips or power brush cutters and mowers.
Erosion---Erosion occurs when the water concentrates causing failure of the vegetation
or when vegetation dies and sets up the environment for rill erosion and eventually
gullies from the stormwater runoff. The areas should be inspected. Proper care of
vegetative areas that develop erosion is required to prevent more serious damage to
the site. Rills and gullies should be filled with suitable soil compacted and then seeded.
Methods described earlier on vegetation should be used to properly establish the grass
surface. Where eroded areas are detected, the cause of the erosion should be
addressed to prevent a continued maintenance problem. Frequently, problems result
from the concentration of runoff to one point of the bio-retention area instead of a j
uniform distribution of runoff. This can be corrected by reshaping, to more evenly
distribute the runoff to areas not experiencing erosion problems.
Rodent Control-Generally in this urban environment, rodents are not a problem.
Rodents such as groundhogs, muskrats and moles are attracted to moist, wet areas
and can be quite dangerous to structural integrity and proper performance of the
earthwork and drainage. Groundhogs and muskrats thrive on burrowing into the
manmade earthwork, which become pathways for seepage. In the event that burrows
are detected within the bio-retention area, the rodents should be dealt with by removal.
Trash and Debris--Trash acts as a barrier to stormwater infiltration and attracts
unwanted pests. The bio-retention area should be kept clear of debris such as loose
bottles, cans, food containers and other forms of rubbish. The area should be cleared
of debris as needed, but no less than twice a year.
MAINTENANCE OF SPILLWAYS AND CONTROL STRUCTURE
Inspection of Conduits--Conduits should be inspected thoroughly once a year. Conduits
should be visually inspected at the joints. Pipes should be inspected for proper
alignment (sagging), elongation and displacement at joints, cracks, leaks, surface wear,
loss of protective coating, corrosion and blocking. Problems with conduits most often
occur at joints and special attention should be given to them during inspection. Joints
should be checked for gaps caused by elongation or settlement and loss of joint filler
material. Open joints can permit erosion of the earthwork and possibly the piping of soil
material through the joints. A depression in the soil surface over the pipe may be signs
that soil is being removed from around the pipe.
2
OPERATION
Drainpipes--Drainpipes should always be operable so that the water can be drawn down
in the event of severe rain or for repairs or maintenance.
Record Keeping-Operation of bio-retention area should include recording of the
,following:
Annual Inspection Reports--A collection of written inspection reports should be
kept on record in Section IV of this manual. Inspection should be conducted
annually. Copies should be provided to the Stormwater Management Section of
the Town of Cary Engineering Department.
Observations--AII observations should be recorded. Where periodic inspections
are performed following significant rainfall, these inspections should be logged
into the Periodic Inspection, Operations and Maintenance Form in Section IV of
this manual.
Maintenance--Written records of maintenance and/or repairs should be recorded
on the Periodic Inspection, Operation and Maintenance Form in Section IV of this
manual.
Other Operational Procedures-The owner should maintain a complete and up-to-date
set of plans (as-built drawings) and all changes made to the bio-retention area over time
should be recorded on the as-builts.
Sedimentation and Dredging--Sedimentation from on-site and off-site soils will
eventually result in the clogging of drainage conduits and will have to be removed. The
frequency of this sediment removal can be reduced by ensuring that the site areas
around the building be stabilized with a vegetative ground cover such that it restrains
erosion. This would include a periodic application of fertilizer and/or other treatment
necessary to promote a stable ground cover and minimize sedimentation to the pond.
The removed material should be hauled offsite to a suitable landfill site or mounded
somewhere on site and stabilized with a ground cover sufficient to restrain erosion.
Example Maintenance Schedule for Bio-retention Areas
Description Method Frequency Time of year
SOIL
Inspect and repair erosion Visual Monthly All year
ORGANIC LAYER
Remulch an void area B hand As needed As needed
Remove previous mulch
layer before applying new
layer (optional) By hand Once every
2-3 years Spring
An additional mulch added B hand Once a year Spring
PLANTS
Removal and replacement See planting Twice a ear As directed b
of all dead and diseased specifications landscaper
vegetation considered
beyond treatment
Treat all diseased trees Mechanical NIA Varies, dependent
and shrubs or by hand on insect or disease
infestation
Removal of cattails and By hand or As needed As needed
other invasive species through hand
application of
herbicide
Watering of plant material By hand Daily Immediately after
shall take place at the end completion of project
of each day for fourteen
consecutive days and after
planting is completed
Replacement of support By hand Once a year ly remove stake
7
stakes th e spring
in
Replace any deficient By hand As needed As needed
stakes or wires
Detail of Planting Guide for each Bio-Retention Basin
SCHEDULE A
Permitted Title Exceptions
1) Lien of ad valorem taxes for the year 2005 and subsequent years not yet due and payable (both
Lots);
2) Deed of Trust for the benefit of Central Carolina Bank and Trust Company recorded in the Office of
the Wake County Register of Deeds ("County Registry") in Book 9370, Page 2186 (both Lots);
3) Purchase Money Deed of Trust to Kathleen Pepi Southern, Trustee for DHIC, Inc. and recorded in
the County Registry in Book 10565, Page 172, Wake County Registry (Lot 5);
4) Deed of Trust to E. Richard Jones, Jr., Trustee for County of Wake in the original principal amount
of $260,000 and recorded in the County Registry in Book 9794, Page 1603 (Lot 5);
5) Deed of Trust to Kathleen Pepi Southern Trustee for the benefit of DHIC, Inc. securing the original
principal amount of $300,000 and to be duly recorded in the Wake County Registry (Lot 5);
6) Deed of Trust to A. Robert Kucab, Trustee for the benefit of NCHFA securing the Tax Credit Loan
(as defined in Recital D of this deed of trust) in the original principal amount of $384,91 land to be
duly recorded in the County Registry (Lot 5);
7) Deed of Trust to A. Robert Kucab, Trustee for the benefit of NCHFA in the original principal amount
of $750,000 and to be duly recorded in the County Registry (Lot 5);
8) Construction Loan Deed of Trust to be duly recorded in the County Registry during the Construction
Phase from Grantor Highland Village Limited Partnership to a designated trustee for the benefit of a
commercial lender in the approximate original principal amount of $1,670,000 and a deed of trust in
replacement to be duly recorded in the County Registry during the Permanent Phase (as defined in
the Note secured hereby) from Borrower to a designated trustee for the benefit of a commercial
lender in the approximate original principal amount of $725,000 (Lot 5);
9) Matters shown on plat recorded in the County Registry in Book of Maps 2002, Page 2030 and
"Easement Plat" as defined in the instrument to which this Schedule A is attached (all Lots', subject
easements shown on Lots 1 and 5);
10) Declaration of Covenants, Conditions and Restrictions for Highland Village Planned Community
recorded in the County Registry in Book 10949, Page 1223 (the "Declaration") together with 'First
Amendment' thereto recorded in the County Registry in Book 10975, Page 685 and any other duly
recorded amendments and/or "Supplemental Declarations" thereto (applies to all Lots);
11) Easements to Carolina Power and Light Company recorded in the County Registry in Book 2792,
Page 3; Book 2190, Page 416, Book 985, Page 315 (all Lots);
12) Easement to the Town of Cary (for sewer and water) recorded in the County Registry in Book 1980,
Page 129 (see also Book of Maps 1970 Page 361);
13) Easement to Bellsouth Telecommunications, Inc_ recorded in the County Registry in Book 10763,
Page 2191 (Lot 5);
14) Easement to Progress Energy Carolinas, Inc. recorded in the County Registry in Book 10763, Page
2191 (Lot 5);
193429v3 13
Hugh J. Gilleeee, III & Associates, P.A. 875 Malnut Street, Suite 360
Consulting Engineers Cary, North Carolina 27511
[phone]
Fax [phone]
December 8, 2005 [e-mail]
Mr. Sam Aghimien
NC Division of Water Quality
2321 Crabtree Boulevard Ste. 250
Raleigh, NC 27604
RE: Highland Village Bio-Retention Area 3
Dear Mr. Aghimien:
The letter is in response to your request for documentation regarding the
temporary pool elevation for the above referenced project. You requested that the
temporary pool elevation be 0.5 to 0.53 ft. which the referenced Bio-Retention Area can
not meet this requirement. The Bio-retention area has a temporary pool depth of 0.61 ft.
In addition to DWQ requirements, the Town of Cary is requiring that the device store and
treat the first flush of storm-water below the outlet elevation. Because of the surface area
obtained in this bio-retention area the ponding must be 0.61 ft. deep. It would be
impossible to increase the surface area and lower the depth without making a significant
impact on the riparian buffer area. We are requesting a waiver to allow this ponding to
be 0.61 ft. deep to store the first flush of storm-water which must soak through the
planting soil for proper treatment.
If you have any questions please call me at [phone].
Sincerely, ..••CAR i
?•?o,.oFV_ SSip•%
+ ?yJ . s s 2
p? S E A! ?
8922
Peyton N. Joyner, P.E. ' • 4 L
G' IN
Hugh J. Gilleece, III & Associates, P.A. U ••••••• ????•`
CH CLhS
l?1s3?05
FAProject Files\G & A\NC\5400\11ighland Village_ 15\Documents\Lettcrs\dwq_response.doc
DWQ Project No
DIVISION OF WATER QUALITY . BIORETENTION AREA WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Project Name: Highland Village
Contact Person: Peyton Joyner Phone Number: 469-ii0l
For projects with multiple basins, specify which basin this worksheet applies to: BiO-Retention 463
Permanent Pool Elevation 448.39 ft (elevation of the orifice invert out)
Temporary Pool Elevation 449.00 ft. (elevation of the outlet structure invert in)

Bioretention Surface Area 9373 sq. ft.
Drainage Area 4.83 ac. (on-site and off-site drainage to the basin)
Impervious Area 4.11 ac. (on-site and off-site drainage to the basin)
Rational C Coefficient .683
Size % 7 % (either 5% in wlsand under drain or 7% in w/o)
Inlet Velocity 2-01 fps
Inlet flow depth 10.2 in
Depth to Ground Water 4' ft.
Planting Soil Infiltration Rate > 0.52 in.lhr. (the soil layer down to 4 feet)
In-Situ Soil Infiltration Rate 0.014 in./hr. (the soil layer below 4 feet or below the sand bed)
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project.
No vertical sand bed is proposed
IV 17 A h1q The bioretention area is at least 40 feet by 15 feet.
o Sheet flow is provided at inlet.
Water table depth is greater than 6 feet.
Minimum of 6" ponding is provided.
The ponded area will draw down in less than 4 days.
Planting soil infiltration rate is greater than 0.52 in/hr.
No The in-situ soil infiltration rate is greater than 0.2 inmr. (.underdrain provided)
A planting plan with species and densities is provided.
N Mulch layer is specified in plans.
Planting soil meets minimum soil specifications (NCDENR Stormwater Best Management
Practices Manual, April 1999)
Plan details for the bioretention area provided.
r Plan details for the inlet and outlet are provided.
lop An operation and maintenance agreement signed and notarized by the responsible party is provided.
Please note that underdrains beneath the planting soil are acceptable in the Piedmont and Mountains
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