20130704 Ver 1_BMP Summary_20130814

EEP NUTRIENT OFFSET
PROJECT SUMMARY
Barnes & Noble (aka, Cary Commons) BMP
Extended Detention Stormwater Wetland
EEP #667
Synopsis
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EEP's Barnes & Noble BMP site (EEP #667) is an extended detention stormwater wetland BMP located in Cary,
North Carolina within the Neuse River basin CU 03020201. The project was initiated by NCEEP to offset
nutrient loading as a third -party credit provider in the Neuse River basin (15A NCAC 02B .0240). The project
was designed by the NC State Department of Biological and Agricultural Engineering, and involved retrofitting
and expanding an existing wet detention BMP into an extended detention wetland BMP. Final construction and
planting was completed in August 2011. The Town of Cary is currently maintaining the site per the BMP
maintenance agreement (contained within the conservation easement held by the State of NC), for a 35 -year
period. The stormwater wetland is designed to remove 214.64 lbs /year of nitrogen, generating a 30 -year credit
value of 6439.2 lbs redt:(Aiorii of" Total Ni1ro,, ,,e ri[. Additionally, the project is designed to reduce 534.9 lbs of total
phosphorous (TP) over 30 years; however, TP reduction credit is not available in the Neuse River basin.
Site Location
River Basin:
CU:
14 -digit HUC:
County:
Municipality:
Receiving Waters:
Use Support Rating:
Project History
Neuse
03020201
03- 020201 - 1100 -10
Wake
Cary NC
UT to Lynn Branch (Meadows Crk); 27 -43 -3; 03 -04 -02
Lynn Branch = Not Rated
Memo of Agreement Signed: May 26, 2006
Final Design: January 2010
Recorded Conservation Easement: April 28, 2010
Construction Completed: July 2011
Planting Completed: July 2011
As- Builts Submitted to DWQ: August 2011
Annual Inspection Report: January 2012

Project Participants
Source Agency:
NC Ecosystem Enhancement Program
Project Management:
NC Ecosystem Enhancement Program
Designer:
NC State (Dept of Biological & Agricultural Engineering)
Construction:
Hine Sitework Inc.
Landowner:
Town of Cary NC
BMP Management:
Town of Cary NC
BMP Design Parameters
BMP Type:
Watershed Area:
Watershed Description
Percent Impervious:
BMP Storage Volume:
Max Storm Depth Capt
Extended Detention Stormwater Wetland
46.3 acres
Commercial development, shopping centers, parking lots,
roadways
68%
31,590 cubic feet
ured: 0.8 in rain event
Nutrient Removal (TN = Total Nitrogen; TP = Total Phosphorous)
Pre -BMP TN Loading:
Post -BMP TN Loading:
30 -yr TN Removal:
Pre -BMP TP Loading:
Post -BMP TP Loading:
30 -yr TP Removal:
596.22 lbs /yr (12.9 lbs /ac /yr)
381.58 lbs /yr (8.24 lbs /ac /yr)
6439.2 lbs (214.64 lbs /yr)
55.72 lbs /yr (1.2 lbs /ac /yr)
37.89 lbs /yr (0.82 lbs /ac /yr)
534.9 lbs (11.55 lbs /yr)
Property Protection & Maintenance
Property Protection Method: State of NC holds a 35 -year Conservation Easement
Maintenance: Town of Cary conducts monthly maintenance /inspections and submits
an annual report to EEP
Attachments:
• Site Location Map
• Watershed Map
• Site Map
• Sealed Design Calculations
• 2013 Photos
• Final Design Plan Sheets (with planting plan)
• Sealed As- Builts
• Inspection Forms
• Conservation Easement
1uuuu „, 41
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MAPS

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1 inch = 400 feet

PHOTOS

Current Photos (July 2013)
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Walnut Street Inlet to Wetland Cell 1 Stortnivater Wetland Cell 1
Interberm between BMP cells
Stormivater Wetland Cell 2
Shopping Center Inlet to Wetland Cell 2

DESIGN CALCULATIONS

Ryan A. Smith, PE
2904 Tractor Drive
Raleigh, NC 27603
August 6, 2013
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
ATTN: Jeff Schaffer
Re: Barnes and Noble Extended Detention Stormwater Wetland pollutant removal
calculations
Mr. Schaffer:
I am sending this letter in response to your request for information on the Barnes and Noble
Extended Detention Stormwater Wetland design completed while I was employed by North
Carolina State University. Enclosed with this letter is a document entitled "Barnes and Noble
Extended Detention Stormwater Wetland Watershed and BMP Data," which provides a map of
the watershed and information related to pollutant removal performance. Also enclosed is a
printout from the "BMP Removal Calculation Worksheet" for the Piedmont of the Tar - Pamlico
River Basin that supports the final nutrient removal calculations in the document first
described.
The "Barnes and Noble Extended Detention Stormwater Wetland Watershed and BMP Data"
document lists watershed characteristics used to calculate runoff volumes using the NRCS
Curve Number Method. The document shows, under the "Runoff Volumes" section, that the
runoff volume generated by the 1 -inch rain event is larger than the water quality storage
volume in the wetland. The section also lists that the largest storm runoff volume that can be
captured by the wetland is the 0.8 -inch rain event, again determined using the NRCS Curve
Number Method and adjusting the rainfall depth until the runoff volume equaled the wetland
storage volume. The assumption was then made (in the note with the asterisk) that 90 percent
of the total number of storms will be captured by this wetland compared to if it were sized for
the 1 -inch event. This assumption was based upon a review of historical rainfall data for the
area. The modified pollutant removal calculations based upon this 10% reduction in
performance were then detailed in the "Nutrient Removal Performance" section. Supporting
calculations for the information listed in the section were included in the enclosed "BMP
Removal Calculation Worksheet."
The "BMP Removal Calculation Worksheet" used standard methods accepted by the State for
estimating pollutant loading from various surfaces, pollutant removal by various BMPs and then

pollutant export from the watershed /BMP system represented. At the time this work was
performed, the spreadsheet was not available for the Neuse River Basin, the basin in which this
project exists, but the calculation methods used and the BMP pollutant removal credit awarded
in the Tar - Pamlico spreadsheet were applicable to either basin. The pollutant removal credits
entered into the spreadsheet (36% for N, 32% for P) varied from the standard values because
the retrofit BMP was undersized and could not receive full credit (see summary in previous
paragraph).
Please feel free to contact me if you need further information.
Sincerely,
Ryan A. Smith, PE
919 - 270 -5396
Encl.
G ,
IgOl
0- SEAT,
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1. "Barnes and Noble Extended Detention Stormwater Wetland Watershed and BMP Data"
document
2. "BMP Removal Calculation Worksheet" for the Piedmont of the Tar - Pamlico River Basin
document

BARNES AND NOBLE EXTENDED DETENTION STORMWATER WETLAND
WATERSHED AND BMP DATA
WATERSHED CHARACTERISTICS NUTRIENT REMOVAL PERFORMANCE
WATERSHED AREA - 46.3 ACRES TN LOADING - 12.9 LB /AC/YR
SOIL HYDROLOGIC GROUP - B TN REMOVAL FROM FULL -SIZED WETLAND - 40%
COMPOSITE CURVE NUMBER - 90 *TN REMOVAL FROM UNDER -SIZED WETLAND - 40% X 0.9 = 36%
TN EXPORT - 8.3 LB /AC/YR
RUNOFF VOLUMES TN REMOVAL - 4.6 LB /AC/YR
RUNOFF FROM 1" RAIN - 53826 CF TP LOADING - 1.2 LB /AC/YR
ACTUAL WETLAND STORAGE VOLUME - 31590 CF TP REMOVAL FROM FULL -SIZED WETLAND - 35%
WETLAND STORAGE CAPACITY *TP REMOVAL FROM UNDER -SIZED WETLAND - 35% X 0.9 = 32%
COMPARED TO DESIGN VALUE- 60% TP EXPORT - 0.8 LB /AC/YR
MAX STORM DEPTH CAPTURED BY BMP- 0.8 IN TP REMOVAL - 0.4 LB /AC/YR
* THE WETLAND WILL CAPTURE ALL RUNOFF FROM STORMS 0.8 INCHES AND SMALLER.
THE ASSUMPTION IS MADE THAT 90% OF THE NUMBER OF STORMS WILL BE CAPTURED BY THE
WETLAND COMPARED TO IF THE WETLAND WAS SIZED FOR THE 1 -INCH RAIN EVENT.
NORTH CAROLINA STATE UNIVERSITY DEPARTMENT OF BIOLOGICAL AND AGRICULTURAL ENGINEERING

Tar - Pamlico Stormwater Rule 15A NCAC 2B .0258 Last Modified 5/23/03
Piedmont of the Tar - Pamlico River Basin:
Includes (. xfhrd, Henderson, 1(oeky Mount and Tarboro as well as Franklin, Nash and lidgecome Counties
BMP Removal Calculation Worksheet (Automated)
Project Name: BARNF,,,V AND NOBLE EXTENDED N PsTEW7 "ION S7"r`3t'6'MP7'fdTER Wl'6iYLAND
Date: 10171.2008
By; dtYA/V.Vl ITH Checked By:
Directions:
> It may be advantageous to split the development into separate catchments to be handled by separate BMPs. The tables below allow
the development to be split into as many as three catchments, and can be copied for greater than three, NOTE: Unless runoff flowing
onto the development from offsite is routed separately around or through the site, the offsite catchment area draining in must be
included in the acreage values ofthe appropriate land use(s) and treated
> Above each table: Enter the catchment acreage in the top green blank Based on a comparison of the post - development TN and TP
e,xport .. coefficients you calculated above to the rule requirements of 4.0 Ib /ac /yr TN and 0.4 Ib /ac /yr TP, select BMP(s) from the list for
treating the catchment runoff. Enter the chosen BMP(s) nutrient removal rates in the green blanks If more than one BMP is to be use
in series, the combined removal rates will be calculated automatically in the blue blanks,
> Catchment Tables: Enter the acres of each type of land cover in the green boxes, The spreadsheet will calculate all of the light blue
boxes, NOTE: Compare the Total Catchment Acreage for the Development (final table) to the value you established in the pre -BMP
workshoci tables, and also to the site plans, for consistency All of these values need to be the same
TN TP Design Standard
BMP Wet Detention Pond 25 40 NC BMP Manual
Nutrient Stormwater Wetland 40 35 NC BMP Manual
Removal tiaaat Filter 35 45 NC BMP Manual
Rates Bioretention 35 45 NC BMP Manual
Grass Swale 20 20 NC BMP Manual
Vegetated Filter Strip W' 20 35 NC BMP Manual
I,vvcllS arender
Dry Detention 10 10 NC BMP Manual
Catchment 1:
�I
Total acreage of catchment I =
� ac
First BMP's TN removal rate
%
Second BMP's TN removal rate -
%
Third BMP's TN removal rate ��
%
°ll'OTAI, I'N IPI:IAOV AL RATE-
36 %
tl')
(2) (3)
Type of Land Cover
("Atchnienp KM. irorinulsa
Transportation inipehvioats
�I
6.08
Itoo6'iluperwiour
1.42
6.08
Mana0+rd Pervious
19.64
6.08
Wooded pervious
0.14
6.08
At-to take" up 11y B61P
(6)
6.08
Fraction 11n11ervions (1)
0.68
Column
l "olatN �wrra atiN "1iNrw+rlollmeaat 1 46.30
First BMP's TP removal rate
70.82
%
Second BMP's TP removal rate
1.42
%
Third BMP's TP removal rate
19.64
0.94
�O 'A11,111 REMOVAL R I E,
0.14
2.23
() (5)
(6)
(7)
,kve1•a e FMC 01 ( 011wnnan
Average EMC o(
Column
1, aa1 11. 2 r 3 4
TP an 1"
t 3 ,"
2.60 401.10
0.19
29.31
1.95
70.82
0.11
3.99
1.42
99.60
0.28
19.64
0.94
14.98
0.14
2.23
1.95
9.73
0.11
0.55
Pre4IM 11 TN
Pre -BM(" "IT
596.22
55.72
1,9ad (Iblymr)
I,oad (Iblyr)`
Pro- tamt" *°N
12.88
Pre-UMP T1
1.20
ragdrra (lt"fa" Y11
r1pa rl I IWhrlrr)
Past -BNIP "I N
Palsy -BMP `1 "I'
381.58
37.89
[,end (llb /yr)
Load Qblyr)
I + ",Ma•tlta t" i°
8.24
I» °na »OMI " "1
0.82
W;:r:awwara ltbRraraxi
t /xlaa " "ti ]tlrl1 ^ry �'

FINAL DESIGN SHEETS

PREPARED
N.C. EGOSYSTEM ENHANCEMENT
DEPARTMENT OF ENVIRONMENT
FOR
PROGRAM
AND NAILRAL
2]20 CAPITA B—,
RALEIGH,NC2271-
SUITE 1H 103
2 SCHEMATIC LAYOUT
PREPARED BY
NORTH CAROLINA STATE
DEPARTMENT OF BIOLOGICAL AND AGRICULTURAL
ENGINEERING
3100 EAUCETTE DR.
RALEIGH, NC 27M
K.. 'EWELL
TOWN OF CARY CONTACT:
y9EEP CO wTPROTECTMANnOEn
NA,S SAE CONTACTS e oES crvrvsmDCr ory
.IEWELL ENGINEERING CONSULTANTS
CONTACT 6 aS rnEry onM OES CN
BARNES AND NOBLE EXTENDED DETENTION STORMWATER WETLAND
1208 WALNUT STREET
CARY, NORTH CAROLINA 27511
WAKE COUNTY
NEUSE RIVER BASIN
SCO NUMBER
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INDEX OF SHEETS
1 COVER
2 SCHEMATIC LAYOUT
3 EROSION AND SEDIMENT CONTROL
(CONSTRUCTION SEQUENCE)
4 EXISTING SITE
5 GRADING PLAN
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6 WETLAND PLANTING PLAN
7 OUTLET STRUCTURE DETAILS
8 DETAILS (1)
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9 DETAILS (2)
10SANITARY SEWER PROFILES
11 EMERGENCY SPILLWAY DETAILS
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12 EMBANKMENT DETAILS
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EMBANKMENT DETAILS, NOTES &
Sheet 12
SPECIFICATIONS
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AS- BUILTS

Proposed
Contours:
0 40' 80'
As -1
Con
North Carolina State Limy eisity
Barnes and Noble Extended Detention Stormwater Wetland
Page Number
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0 30' 60' CONCRETE PIPE 0 30' 60'
CRADLES
North Carolina State L(mv eisity
Barnes and Noble Extended Detention Stormwater Wetland
I ��8 U/ IlIu< <.trf<:F �t2 r'Y, N 7
No. A anal F F -F
No. t,67

INSPECTION FORMS

EEP Storrnwater BMP Inspection and Reportin
tS_ Pro�eit JP# 067
Location:° Commons (Barnes and 1lToblc), Cary
Date: 2/24/2012 Time: 2:00 pm Recent Weather: 0.4" rain yesterday
Inspector. Ryan A. Smith, PE
Type of BMP-. Stormwater Wetland
Date of Construction: July 201 I
s' cs��r9tesle�c�' e�tc�' ese9te��' e�' ese9te9te�e�' exae��' eae; kae�' es�r�k9te9te�' e�' e�le�' e9te9te�' e�' e9te9te��' ex�' ekscir�e�r�rse�' e�k�r�rs4�k�'e�k9'e�e9'es'cslrx
To answer these questions completely and thoroughly, visually inspect the entire BMP as
closely as possible. Take notes and photographs.
Depth of water in forebayt 4 feet - -- -- - --
Is erosion present? N° -if yes, where:
include photos)
Is the outlet (orifice) obstructed, or can water flow freely out?
The outlet is unobstructed
Are plants alive and thriving? The shallow water plants needs to be
replanted this May include hOtOS
Are nonnative plants present? No
(include photos)
Is meowing occurring inside the boundaries of the BMP? No
include pAotos
Are beavers and /or muskrats present? No
include hotos
Is floating trash /debris present? Minimal
N�fy
- XI k

Stormwater BP Maintenance
'ask
Completed?
Dotes
Clear
outlet /orifice so
water can exit
Y off° N
Y
freely
Remove non-
native plants only
Remove beaver
dams
Y or N
Y
Remove floating
trash /debris
Y or N
Y
Remove
accumulated
sediment from
Y or N
Y
forebay

Cary Commons Stormwater Wetland Photos — 2/24/2012
Figure 1. Northern half of the wetland
Figure 2. Southern half of the wetland

Figure 3. Walnut Street inlets
Figure 4. Cary Commons inlet

Figure 5. Primary outlet structure and trash rack
Figure 6. Emergency spillway

Figure 7. Primary wetland outlet pipe

CONSERVATION EASEMENT

Mi3931PG01009
04/06/10
STATE OF NORTH CAROLINA
WAKE COUNTY
SPO File Number 092 -ACQ
EEP # 667
Prepared by: Office of the Attorney General
Property Control Section
Return to: NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699 -1321
WAKE COUNTY, NC 249
LAURA h RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
05!9412010 AT 14216:11
BOOK:013931 PAGE:01009 — 01039
Conservation Easement for Stormwater
Best Management Practice (BMP)
THIS CONSERVATION EASEMENT DEED, pursuant to the provisions C.
General Statutes Chapter 121, Article 4 and made this _day of �jA -- -y of ,
2010, by The Town of Cary, ( "Grantor "), whose mailing address 316 N. Academy St., Cary,
NC 27513, and the State of North Carolina, ( "Grantee "), whose mailing address is State of
North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center,
Raleigh, NC 27699 -1321. The designations Grantor and Grantee as used herein shall include
said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine,
feminine, or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et seq.• the State
of North Carolina has established the Ecosystem Enhancement Program (formerly known as the
Wetlands Restoration Program) within the Department of Environment and Natural Resources
for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland

BK013931PG01010
and riparian resources that contribute to the protection and improvement of water quality, flood
prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and
WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121 -35; and
WHEREAS, the Ecosystem Enhancement Program in the Department of Environment
and Natural Resources has approved acceptance of this instrument; and
WHEREAS, the Department of Environment and Natural Resources, the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District, entered into a Memorandum of Agreement, (MOA), duly executed by all parties in
Greensboro, NC, on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement
Program is to provide for compensatory mitigation by effective protection of the land, water and
natural resources of the State by restoring, enhancing and preserving ecosystem functions; and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 81h day of February 2000; and
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being
in the Town of Cary, Wake County, North Carolina (the "Property"), and being more
particularly described as follows: Being all of Tract 1 of Plat entitled "Recombination Survey &
Buffer Relocation, Property of Ruth H. Lewis, CK Cary Commons" recorded in Map Book 2007,
Pages 353 and 354 of the Wake County Registry. A copy of the plat is attached hereto as Exhibit
A and incorporated herein by reference; and
WHEREAS, Grantor is willing to grant a Conservation Easement over the Property,
thereby restricting and limiting the use of the included areas of the Property to the terms and
conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation
Easement. This Conservation Easement shall be for the protection and benefit of the waters of
the Neuse River, and its tributaries; and
WHEREAS, the Ecosystem Enhancement Program intends to construct, at its own
expense, a stormwater retention wetland on the Property, as more particularly described below
and in Exhibit B, attached hereto and incorporated herein by reference, which will reduce
nitrogen and phosphorus discharge into surface waters within the watershed; and
WHEREAS, Grantor agrees to maintain, at its own expense, for a period of thirty years,
the stormwater retention wetland, as described in the Memorandum ofAgreement, NC Ecosystem
Enhancement Program and Town of Cary, DENR Contract D06126, attached hereto as Exhibit C
and incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, for a period of 35 years a Conservation
Easement of the nature and character and to the extent hereinafter set forth, for the benefit of

BK013931PG01011
water quality and for the people of North Carolina, in respect to the Easement Area described as
follows:
Being all of Tract 1 of plat entitled "Recombination Survey & Buffer Relocation,
Property of Ruth H. Lewis, CK Cary Commons," containing 2.378 acres, more or
less, and recorded in Map Book 2007 Pages 353 and 354 of the Wake County
Registry.
This conveyance is made subject to all easements and leases of record or leases in effect
by prescriptive rights as of the date hereof, specifically including the existing utility easements as
shown in above referenced Exhibit A.
I. DURATION OF EASEMENT
This Conservation Easement shall be for a period of 35 years commencing from the date
of execution of this document, and it shall run with, and be a continuing restriction upon the
Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's
heirs, successors and assigns, personal representatives, agents, lessees, and licensees during that
time period.
The purposes of this Conservation Easement are to maintain, restore, enhance, create and
preserve wetland and/or riparian resources in the Easement Area that contribute to the protection
and improvement of water quality, and to maintain the Easement Area in its condition, consistent
with these purposes; and to prevent any use of the Easement Area that will significantly impair
or interfere with these purposes. To achieve these purposes, the following conditions and
restrictions are set forth:
II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
The Easement Area shall be restricted from any development or usage that would impair or
interfere with the purposes of this Conservation Easement. Unless expressly reserved as a
compatible use herein, any activity in, or use of, the Easement Area by the Grantor, Grantee, or
Ecosystem Enhancement Program is prohibited as inconsistent with the purposes of this
Conservation Easement. The Grantor expressly agrees to maintain and repair the stormwater
retention wetland as described in Exhibit C for a period of 30 years after the completion of
construction and approval and acceptance of the stormwater retention wetland by the Grantee.
The Grantor also agrees to provide for the general maintenance and upkeep of the Easement
Area. Without limiting the generality of the foregoing, the following specific uses are prohibited,
restricted, or reserved as indicated:
A. Motorized Vehicles. Usage of motorized vehicles in the Easement Area is prohibited,
except as they are used for the construction, management, maintenance, or stewardship of
the stormwater retention wetland or the Property; the construction, management,
maintenance or stewardship of the Town of Cary Greenway trail described more
particularly in section II(I); or the construction, management, or maintenance of allowed
utilities.
B. Educational Uses. The Grantor reserves the right to engage in and permit others to
engage in educational uses in the Easement Area not inconsistent with this Conservation

BK013931PG01012
Easement, and the right of access to the Easement Area for such purposes including
organized educational activities such as site visits and observations. Educational uses of
the Property shall not alter vegetation, hydrology or topography of the site.
C. Vegetative Cutting. Except as related to the removal of non - native plants, diseased or
damaged trees, and vegetation that obstructs, or destabilizes the Easement Area, all
cutting, removal, mowing, harming, or destruction of any trees and vegetation is
prohibited, except as necessary to provide for the expressly allowed uses in the Easement
Area. All vegetative cutting shall be done in a manner that maintains the integrity of the
Easement Area.
D. Embankments/Berms: Grass on the banks of the stormwater retention wetland may be
mowed at the discretion of the Grantor, but it is not a requirement. All woody vegetation
should be cut and carefully removed from embankments and new earthen dam (see
Exhibit C).
E. Shallow Water Areas: Other than invasive exotic plant management, no cutting of
vegetation shall be allowed in the shallow water areas. Shallow water areas are defined
as those areas inside the pond, below the sloped banks. These areas are also identified on
the plan sheet below elevation "445 msl ". These areas are also referred to as the riparian
exclusion zone, since invasive exotic plants are to be excluded from this zone.
F. Industrial, Residential and Commercial Uses. All are prohibited in the Easement
Area.
G. Agricultural Use. All agricultural uses within the Easement Area including any use for
cropland, waste lagoons, or pastureland are prohibited.
H. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole, tower, or other structure constructed or placed in the Easement Area.
I. Roads and Trails; Signs. The Grantor reserves the right to construct, maintain and
operate a 10' wide paved or unpaved greenway trail within the Easement Area. When
required by the terrain, the trail construction may include boardwalks, bridges, ramps,
handrails, and/or steps. The Grantor also reserves the right to open the trail to public
access in accordance with Town of Cary Greenway rules and regulations. The
construction plans for the greenway trail through the Easement Area shall be reviewed by
the Ecosystem Enhancement Program prior to final greenway plan design. Except as
permitted for the greenway trail, there shall be no construction of roads, trails, walkways,
or paving in the Easement Area. No signs shall be permitted in the Easement Area
except interpretive signs describing restoration activities and the conservation values of
the Easement Area; trail /feature /education signs along the greenway trail; signs
identifying the owner of the Property and the holder of the Conservation Easement; signs
giving directions; or signs prescribing rules and regulations for the use of the Easement
Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances or machinery, or other material in the Easement Area is
prohibited.

BK013931PG01013
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals, or other materials, unless specifically required to provide for the expressly
allowed uses in the Easement Area..
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or
permitting the diversion of surface or underground water. No altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced,
or created drainage patterns is allowed, All removal of wetlands, polluting or discharging
into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
M. Utilities. Through, over, under and across the Easement Area, the following utility uses
are allowed within the existing utility easements, and conditioned as follows:
1) Grantor reserves the current sewer easements within Easement Area as shown on plat
entitled "Recombination Survey & Buffer Relocation, Property of Ruth H. Lewis, CK
Cary Commons" recorded in Map Book 2007, Pages 353 and 354 of the Wake
County Registry, for its use in maintaining and repairing the City's existing sewer
line.
2) Previously recorded utility easements on the Property for a 30 foot CP &L easement
(Deed Book 4157, Page 869 of the Wake County Registry and a variable width storm
drainage easement (Deed Book 4299, Page 610 of the Wake County Registry) as
shown on above referenced plat shall be maintained within said easement areas.
3) All disturbed facilities, features and vegetation will be restored to their original
condition to the greatest extent reasonably practicable. Due to the environmental
sensitivity of the Easement Area, any disturbed and removed vegetation in access
areas, staging areas, constructed areas, excluding the existing utility easements
described in paragraphs 1 and 2 above, will be replaced with herbaceous species such
that the Property achieves a rapid recovery from the disturbance. The existing utility
easements shall be planted with suitable grass vegetation which shall be restored
when disturbed.
4) Erosion control devices must be utilized in conjunction with construction and
maintenance work to contain all disturbed materials and conform to State
requirements.
5) Reasonable signage may be erected to identify the owner of the utility lines and to
provide safety information.
6) No new utilities are permitted outside the existing utility easements.

BK013931PG01014
N. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision,
partitioning, or dividing of the underlying fee that is subject to this Easement is allowed.
Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee
for the Easement Area and the rights as conveyed herein shall be as a single block of
property. Any future transfer of the fee simple shall be subject to this Conservation
Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and
repeated ingress and egress over and across the Property to the Easement Area for the
purposes set forth herein.
O. Development Rights. The Grantor hereby agrees that all development rights that are
now or hereafter inherent in the Easement Area may not be used on or transmitted to any
other party for the duration of this Conservation Easement,
P. Permissions. The Grantor may request permission to vary from the above restrictions for
good cause shown, provided that any such request is consistent with the purposes of this
Conservation Easement. The Grantor shall not vary from the above restrictions without
first obtaining written approval from the N.C. Ecosystem Enhancement Program, whose
mailing address is 1652 Mail Services Center, Raleigh, NC 27699 -1652.
III. GRANTEE RESERVED USES
A. Ingress, Egress, and Inspection. The Grantor conveys to the Grantee, its employees
and agents, successors and assigns, including the Ecosystem Enhancement Program, for a period
of 35 years, the right of unlimited and repeated ingress and egress to the Easement Area over the
Property at reasonable times to undertake any activities to construct, restore, manage, maintain,
enhance, and monitor the stormwater retention wetland and riparian resources of the Easement
Area, in accordance with restoration activities or a long -term management plan. Unless
otherwise specifically set forth in this Conservation Easement, the rights granted herein do not
include or establish for the public any access rights.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and
manmade materials as needed to direct in- stream, above ground, and subterraneous water flow.
C. Construction of stormwater retention wetland. Grantee, through the Ecosystem
Enhancement Program is hereby authorized to construct the stormwater retention wetland as
described in Exhibit B.
IV. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement,
Grantee is allowed to prevent any activity within the Easement Area that is inconsistent
with the purposes of this Easement and to require the restoration of such areas or features
of the Easement Area that may have been damaged by such activity or use. Upon any
breach of the terms of this Conservation Easement by Grantor, their successors or

Mi3931PG01015
assigns, which comes to the attention of the Grantee, the Grantee shall, except as
provided below, notify the Grantor, their successors or assigns in writing of such breach.
The Grantor shall have ninety (90) days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after ninety (90) days,
the Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief. The Grantee shall also have the power and
authority, consistent with its statutory authority: (a) to prevent any impairment of the
Easement Area by acts which may be unlawful or in violation of this Conservation
Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek
damages from any appropriate person or entity. Notwithstanding the foregoing, the
Grantee reserves the immediate right, without notice, to obtain a temporary restraining
order, injunctive or other appropriate relief if the breach of the term of this Conservation
Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that
under such circumstances damage to the Grantee would be irreparable and remedies at
law will be inadequate. The rights and remedies of the Grantee provided hereunder shall
be in addition to, and not in lieu of, all other rights and remedies available to Grantee in
connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the
right, with reasonable notice, to enter the Easement Area over the Property at reasonable
times for the purpose of inspection to determine whether the Grantor, their successors or
assigns are complying with the terms, conditions and restrictions of this Conservation
Easement.
C. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by
Grantee in enforcing the terms of this Conservation Easement against Grantor, their
successors or assigns, including, without limitation, any costs of restoration necessitated
by Grantor's acts or omissions in violation of the terms of this Conservation Easement,
shall be borne by Grantor to the extent permitted by law.
D. Liability of Grantee. As between Grantor and Grantee, Grantee shall be liable for any
and all claims of personal injury or damage to property, accruing or resulting to any
employee, contractor or agent of the Grantee arising out of work related to access,
construction, maintenance and/or monitoring of a stream and/or wetland restoration
project on Grantor's premises, provided the claims of personal injury or damage to
property are the result of negligence or intentional, tortious acts of the Grantee's
employees, contractors, or agents. Additionally, to the extent permitted by law, Grantee
shall be liable for any and all claims of personal injury or damage to property, both real
and personal, accruing to or resulting to the Grantor or any employee, contractor or agent
of the Grantor, arising out of work related to access, construction, maintenance and /or
monitoring of a stream and /or wetland project on Grantor's premises, provided the claims
of personal injury or damage to property are solely the result of negligence or intentional,
tortious acts of the Grantee's employees, contractors, or agents. Further, Grantee shall
require each of its contractors to maintain such policies of insurance, including
commercial liability insurance, as are required by the North Carolina Office of State
Construction. With respect to any third party claims arising out of work related to the
access, construction, maintenance and /or monitoring of a stream and/or wetland

BK013931PG01016
restoration project on Grantor's premises, Grantee shall be liable to the extent provided
by the North Carolina Tort Claims Act.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the
event of any breach of any term set forth herein shall not be construed to be a waiver by
Grantee.
V. MISCELLANEOUS
A. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is
found to be invalid, the remainder of the provisions of the Conservation Easement, and
the application of such provision to persons or circumstances other than those as to which
it is found to be invalid, shall not be affected thereby.
B. Notices. Any notices shall be sent by registered or certified mail, return receipt
requested to the parties at their addresses shown above or to other address(es) as either
party establishes in writing upon notification to the other.
C. Transfer. Grantor shall notify Grantee in writing of the name and address of any party
to whom the Property or any part thereof is to be transferred at or prior to the time said
transfer is made. Grantor further agrees to make any subsequent lease, deed, or other
legal instrument by which any interest in the Property is conveyed subject to the
Conservation Easement herein created.
D. Merger. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Property or any portion
thereof.
E. Amendments. This Conservation Easement may be amended, but only in writing
signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the purposes of the Conservation Easement.
Notwithstanding the foregoing, pursuant to Section II(P) above, Grantor may request, and
the Ecosystem Enhancement Program may grant, permission to vary from the restrictions
contained in Section II for good cause shown.
The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
VI. QUIET ENJOYMENT /GRANTOR'S RIGHTS

BK013931PG01017
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Easement
Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the
Easement Area. Unless otherwise specified herein, nothing in this Conservation Easement shall
require the Grantor to take any action to restore the condition of the Easement Area after any Act
of God.
TO HAVE AND TO HOLD the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes.
AND Grantor covenants that Grantor is seized of said premises in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same are free from
encumbrances except easements and leases of record or in effect by prescriptive rights as of the
date hereof, and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
Grantor - Town of Cary
Mayor
(Print name) 11 I (leiQ h�e� 6f��
( Corporate SEAL)
Attested by: c/
Print Name: knrng C ��
Title: "Dq J4�( -Town Oe -

BK013931PG01018
STATE OF {Up r+ — 0r0 1 i f'o`
COUNTY OF 0. (t
I, a Notary Public in and for the County and State
aforesaid, do hereby certify that �> personally appeared before me this day
w
and acknowledged that he /she is Town Clerk of the Town of Cary, and as the act of the
Town of Cary, the foregoing instrument was signed in its name by its Mayor, sealed with
its official seal and attested by himself/herself as its City Clerk.
Witness my hand and notarial seal this � day of per; 2010.
(Notary Seal)(CUL��L��
w,"Man-
�' FFq�E` Signature of Notary
NOTARY Aka j�4 �7. -Fern cAa NotaryPublic
PUBLIC
�y �G Printed or typed name
lizrcou
My commission expires: Ja Lod iaol +
�T
10

BK013931PG01019
Exhibits
(to be inserted)
Exhibit A copy of Plat Book 2007 Pages 353 and 354 showing perimeter of CE area and
existing utilities
Exhibit B copy of Wetland Map provided by NCSU
Exhibit C copy of MOU between EEP and Cary
Exhibit D NCSU maintenance plan
I

Wi3931PG01020
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r
RECOMBINATION SURVEY
& BUFFER RELOCATION
PROMIY OF
RVITI H. LEWIS
1 CK CARY COMMONS
CARY TOWNSHIP, TOWN OF CARY. WAKE COUNPY, N.C.
PREPARED FOR
_ TOWN OF CARY ENGINEERING DEPARTMENT
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BK013931PG01021
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BK013931PG01022
D (o(nrl
Memorandum of Agreement
NC Ecosystem Enhancement Program
and
Town of Cary
A. Introduction
The mission of the NCDENR Ecosystem Enhancement Program (EEP) is to restore,
enhance, and preserve wetlands, streams, and riparian buffer areas, and to reduce the
_discharge of nutrients into surface waters throughout North Carolina's 17 major river
basins with the overall goals of improving water quality, in -stream and riparian habitat.
EEP is interested in restoring and protecting the watershed functions of the Neuse River
Drainage area, which includes the Town of Cary (TOC). The construction of stormwater
treatment systems, commonly referred to as Stormwater Best Management Practices
( Stormwater BMPs) is an accepted method of improving water quality by reducing
nutrient discharges into surface waters of the State. This Memorandum of Agreement
(MOA) between EEP and TOC for a Stormwater BMP to be located on two parcels to be
purchased by TOC.
B. Background
The purpose of this MOA is to define and set forth the responsibilities of TOC and EEP
for the property acquisition, design, construction and maintenance of a Stormwater BMP.
The entire costs associated with the design and construction of the Stormwater BMP will
be funded by EEP through other contracts. The TOC will fund acquisition of the land
for a 30 -year conservation easement. Maintenance of the Stormwater BMP to ensure
proper function will be the responsibility of TOC and no monies will be paid to TOC.
The Stormwater BMP will be constructed on two parcels of land located near the
intersection of Walnut Road and Maynard Road in Cary, Wake County, North Carolina.
The project site is identified as PIN # 077313047725 (currently owned by CK Cary
Commons LLC) and PIN # 077313049865 (currently owned by Ruth H. Lewis) in the
Wake County Register of Deeds.
The Project is intended to enhance water quality within the Neuse River Drainage Area
(Cataloging Unit # 03020201, Hydrologic Unit 03020201110010) through the reduction
of nitrogen and phosphorous discharges into surface waters within the watershed. This
reduction is to be accomplished through the use of a Stormwater Wetland BMP as
outlined in the BARNES AND NOBLE PROJECT STATEMENT, a copy of which is
attached hereto as ATTACHMENT 1. It is anticipated that the Stormwater Wet Pond
BMP will reduce Total Nitrogen discharges from the 31 acre sub - watershed by
approximately 25 %, or 282 pounds per year, and Total Phosphorous discharges by
approximately 40 %, or 22 pounds per year.
Pagel of 6

Mi3931PG01023
C. Scope of Work
Tasks and Responsibilities for TOWN OF CARY
The Project is currently located entirely on two private parcels owned by CK Cary
Commons LLC (PfN # 077313047725) and Ruth H. Lewis (PIN # 077313049865). 'Tile
TOC shall acquire the conservation easement of 30 years by July 15, 2006. QCq f C°hq
The primary responsibilities of TOC during and after construction of the Project will be:
1. To provide a designated contact person from TOC to coordinate and review all
aspects of the Project with EEP and its contractors or consultants. TOC will respond
in writing to any Project approval request within thirty (30) days from the date of
request. If TOC fails to respond within thirty (30) days of the request, the request
will be deemed approved by the TOC.
2. Both entities also agree to work cooperatively to develop a remedial action plan
(RAP) that is agreeable to both entities in the event that post - construction remedial
activities are necessary. Details related to the implementation of the RAP will be
jointly discussed by both entities as necessary.
3. To provide and ensure that EEP, its contractors and its consultants will be allowed
reasonable access to the Stonnwater BMP Project work site during normal working
hours.
4. To provide for public safety and work place security by keeping work areas closed to
the public as necessary throughout the constructions phases of the Project.
Contractors will follow standard OSHA guidelines and will post the construction site.
5. TOC will designate a contact person and/or Public Information Officer that will
notify or consult with EEP prior to issuing news releases relating to the Project.
6. To meet with EEP and/or its contractors and consultants at Ieast every two months to
review and assess the Project's plans and progress.
7. TOC will submit a Stormwater BMP maintenance and inspection report to EEP every
one (1) year for a period of thirty (30) years at no cost to EEP.
8. TOC will maintain the Stormwater 13MP to ensure functionality for a period of 30-
years at no cost to EEP.
Page 2 of 6

BK013931PG01024
Tasks and Responsibilities for Ecosystem Enhancement Program
The primary responsibilities of EEP during and after this project will be;
1. To design and construct the stormwater BMP at no cost to TOC.
2. Both entities also agree to work cooperatively to develop a remedial action plan
(RAP) that is agreeable to both entities in the event that post - construction remedial
activities are necessary. Details related to the implementation of the RAP will be
jointly discussed by both entities as necessary.
3. To consult with TOC's designated contact person and/or Public Information Officer
and staff prior to issuing news releases relating to the Project.
4. To meet with TOC staff to review and assess the project's progress, as specified
in Section 3, item No. 5 of this MOA. A minimum of four (4) meetings will be held
with TOC to discuss the Project and receive input. These meetings will be held after
preparation of the Draft Design Plan (30% complete design), after preparation of the
Final Design Plan, prior to the Pre - Construction Meeting and prior to the Post -
Construction Meeting.
5. To obtain any state, federal or local permits necessary for construction of the Project.
D. Timeline and Duration of this As- reement
The Project shall continence on the date a Memorandum of Agreement (MOA) is signed
by all parties. The site maintenance phase of the Project will commence upon completion
of the Stormwater BMP construction. TOC agrees to maintain the constructed
Stormwater BMP site for a 30 -year period and submit site maintenance and inspection
reports to EEP every one (1) year for a period of thirty (30) years following completion
of the construction phase of the project.
E. Limitations
1. This MOA will not transfer the ownership of the land or the management and
maintenance responsibilities for the Project from TOC to EEP. All provisions of this
MOA will be consistent with such understanding.
2. If either party fails to perform or comply with any condition of this MOA, and should
such failure continue more than 30 -days after written notice from the other party, and if
the non - compliant party should not within 30 -days commence to cure the failure with due
diligence, the aggrieved party may terminate this MOA on written notice to the non-
compliant party, termination to be effective not less than 15 days from the date of the
written termination notice.
Page 3 of 6

BK013931PG01025
Exh b � Ca
3. The failure of either party to insist on strict performance of any condition of this MOA
shall not be construed as a waiver of the right to insist on the performance of that
condition in any other instance.
4. This MOA may be modified or terminated by mutual agreement of the parties as long
as such modification or termination is made in writing and signed by authorized officers
or agents for each of the parties.
Page 4 of 6

BK013931PG01026
IN TESTIMONY WHEREOF, the Town has caused this instrument to be executed in its name
by its Manager and attested by its Clerk, and its Seal affixed thereto by authority duly
given.
4.
William B. Coleman, Jr.
Town Manager
tiurC n Jl. �1
�Z`fi
(SEAL)
STATE C
TOWN C
err, ij rla"�"N C ler k_
I, fl n4 (1 1+ 1 oknS1 a Notary Publ' to and for the County
and State aforesaid, do hereby certify that ter, L2 -6 personally came
before me this day and acknowledged that'she is And that by authority duly
given and as an act of fiow1 o F Oaxr 4 , the foregoing instrument was signed by
t'm f I i oarn 6. Coleman, its ow,n T attested by as awn C� Lr L
and sealed with the common seal of said iaioW .
IN WITHNESS WHEREOF, I have hercunto set my hand and Notarial Seal this
the ---L�4 day of 20_OL.
Notary Public
My commission expires: bp 4 1141.0
CE: urrai a r" rOtir n b� caret Fan ►r_c� OFFWm
Provision for the payment of the monies m fall
due under this agreement has been made by
appropriation duly made or by bonds or notes
duly authorized, as required by the
"Municipal Fiscal Control Act."
S I M t
Date ner u" inane Officer
Page 5 of 6

BK013931PG01027
eoc bLG
IN TESTIMONY WHEREOF, the State has caused this instrument to be executed in its
name by its a,2S!j r=N�Anc e �.e� ?wm,3nd attested by itsn, <ce�n( o� , and
its Seal affixed they by authority duly give . II .. o�ccatr:0 h
Print Name & Title: SU�(� Val �t. K Ii VkA.
North Carolina Department of Environment and
Natural Resources
STATE OF NORTH CAROLINA
N S exg4 COUNTY
I, M. %6%�Aa, a Notary Public in and for the County
and State aforesaid, do h4eby certify that SLLzann4— kl►rsc.K personally came
before me this day and acknowledged thatfhe is ' Gn ,.
and that by authority duly given and as an act of NC_tA A& g—p__ , the foregoing
instrument was signed bySyzct,nnc KC,mck:. its 'r-
IN VHNESS WHEREOF, I have hereunto set my hand and Notarial Seal this
the ^ day of , 20p<".
N
My commission expires:
Z �S 12011 ...
�c� w Hq?
�k �pSARr Teti
w
z
Page 6 of 6

BK013931PG01028
Distributed in furtherance
of the acts of Congress of
May 8 and June 30,1914.
North Carolina State Uni-
versity and North Carolina
A &T State University commit
themselves to positive action
to secure equal opportu-
nity regardless of race, color,
creed national origin, reli-
gion, sex, age, or disability.In
addition, the two Universities
welcome all persons without
regard to sexual orientation.
North Carolina State Univer-
sity, North Carolina A &T State
University, U.S. Deparunent
of Agriculture,and local gov-
ernments cooperating.
Maintenance of Stormwater Wetlands
and Wet Ponds
Stormwater management practices must be kept in proper working
order to maintain their intended functions and aesthetic appeal.
This publication presents maintenance
guidelines for stormwater wetlands
and wet ponds, two stormwater prac-
tices that are being constructed across
North Carolina.
OVERVIEW
As its name implies, a stormwater
wetland is a wetland system designed
to treat stormwater runoff. Wetlands
typically have shallow water (ex-
cept for intermittent deep pools) and
dense vegetation. A well- functioning
stormwater wetland will be a diverse
ecosystem that includes many plant
and animal species. It will also do an
excellent job of removing pollution
from stormwater runoff —its intended
function. Stormwater wetlands are
very efficient at nutrient removal.
Recent studies conducted by North
Carolina State University researchers
indicate that a stormwater wetland re-
moves 40 to 80 percent of all nitrogen
and 50 to 70 percent of all phosphorus
entering the wetland. Figure l depicts
vxn: urn rasrn•
A &T STATE. t3..MVEISFY
COOPEilAT1VE
EXTENSION
Ilrml.,; Pmere h' R,nwidpe o IY,.t
some wetlands located across North
Carolina. (For more information on
stormwater wetlands, see Designing
Stormwater Wetlands for Small Water-
sheds, AG- 588 -02, in the Urban Wa-
terways fact sheet series.)
Wet ponds are typically much
deeper than stormwater wetlands —
their average depth ranges from 4 to
8 feet. They are designed so that most
of the pond is open water. Wet ponds
are the most common stormwater
management practice in North Caro-
lina and have been constructed since
the 1970s in some parts of the state.
More recent pond configurations in-
corporate wetland features, such as an
aquatic shelf (or wetland bench) and a
forebay.
An aquatic shelf is a shallow -water
zone of a pond, usually along the
bank edges, planted with wetland veg-
etation. These shelves flood during
storms. A forebay is a pool where
inflow first enters the pond, and
heavier pollutants, such as sediment,
initially settle there. Research con-
ducted across the United States shows
that wet ponds effectively remove
sediment and the pollutants associ-
ated with it from stormwater. Both wet
ponds and stormwater wetlands can

BK013931PG01029
4(�- 6 I't -b
be used for flood control as well. For more informa-
tion on stormwater practices, see Urban Stormwater
Structural Best Management Practices (BMPs) in the
Urban Waterways series (AG- 588 -01).
MAINTENANCE GOALS
Maintenance of stormwater wetlands and wet ponds
is performed to achieve four goals: efficient hydraulic
flow and pollutant removal, aesthetic appeal, safety,
and mosquito control. Most of the maintenance activi-
ties associated with wetlands and wet ponds pertain to
two or more of these goals. The following activities
should be performed regularly to maintain stormwater
wetland and wet pond efficiency:
• Remove sediment and gross solids from forebays.
• Keep the orifice (the drawdown hole) free - flowing
• Clean away floating trash and debris.
• Remove vegetation along the dam face.
• Remove invasive plant species.
• Mow the perimeter of wet ponds.
• Control pests, such as muskrats and beavers.
REMOVE SEDIMENT AND GROSS SOLIDS
FROM FOREBAYS
Forebays are located at the inlets to stormwater wet-
lands and wet ponds. They are designed to slow in-
coming water, dissipating the water's energy, and to
provide a location for sediment and other gross solids
(such as leaves, other tree debris, cigarette butts, and
trash) to settle and accumulate.
A forebay is typically 2 feet deep in a stormwater
wetland and sometimes deeper in a wet pond. If the
forebay fills with sediment and gross solids, these ma-
terials will bypass the forebay and begin to accumulate
in other portions of the wetland or wet pond that may
be more ecologically sensitive.
To check sediment levels inside the forebay, record
the depth of the forebay at the same time each year,
Depending on the size of the forebay, a fish finder can
be used from a small boat or someone can survey the
depth along a grid of the forebay with a rod (Figure
2). If the forebay water is clear, the depth can often be
determined visually.
Once the forebay is half full of sediment or the
average sediment level is within I foot of the water

BK013931PG01030
surface, remove the sediment and gross solids.
This task is typically accomplished by a track hoe
or backhoe (Figure 2). The water level inside the
wet pond or stormwater wetland can be lowered, if
needed, to aid excavation of the forebay. Depending
upon the size of the forebay, cleaning it can require
anywhere from a day to a week.
Once the excavated soil (or spoils) from the dredg-
ing has begun to dry, either spread it in the watershed
away from the banks of the wetland or wet pond and
seed it, or take it to a landfill. Consider the location
when disposing of the soil. Spoils from wet ponds
downstream of industrial facilities may contain pol-
lutants that need to be disposed of in a landfill, while
those from a residential wetland or wet pond may not.
If there is any concern as to proper disposal, samples
of the excavated soil should be sent to a laboratory for
chemical analysis. This can be costly.
WHAT DESIGNERS CAN DO TO MAKE FOREBAY
CLEANOUT EASIER
Access to older wet ponds and stormwater wetlands
is often a problem. New design recommendations
can make forebay cleanout easier by improving ac-
cessibility:
• Include reinforced paths that give heavy equip-
ment easy access to the forebay (Figure 3). Some-
times the path doubles as a separation between the
forebay and the remainder of the pond.
• Make forebays relatively long and narrow. A narrow
forebay makes it easier for a trackhoe or backhoe
arm to reach at least to the middle of the forebay
from either side.
A recent study by N.C. State researchers indi-
cates that sediment and gross solids from forebays
typically need to be removed (also known as dipped
or dredged) once every 5 to 10 years. If wet ponds
and stormwater wetlands are located in watersheds
with active construction, however, spoils may need
to be removed as often as once a year.
Like the forebay, the final deep pool of the pond
or wetland near the outlet also must be inspected
and maintained. The major difference between the
two is that the final deep pool takes longer to fill
with soil. The drawdown hole (located at the outlet
and described in the next section) is where cap-
tured stormwater slowly drains from the wetland
or wet pond. It must be free of accumulated debris
and sediment to work properly. Remove sediment
and gross solids from the deep pool near the outlet
whenever the material is within l vertical foot of
the drawdown hole.
Figure 3. A wide path is provided for heavy equipment
to access the forebay (located to the right of the path).

BK013931PG01031
KEEP THE ORIFICE (DRAWDOWN HOLE) FREE
FLOWING
Wetlands and wet ponds are designed to capture and
detain stormwater from 2 to 5 days. On smaller ponds
and wetlands, a relatively small hole or orifice is
used to detain water for this period. The diameter of
the orifice can be as small as 2 inches, which makes
it susceptible to clogging (Figure 4). Because many
ponds and all wetlands contain vegetation, dead plants
can float to and clog the orifice. Moreover, floating
trash and debris (see the next section) will potentially
clog the orifice.
A clogged drawdown hole poses several problems,
including the loss of storage to capture later storms
and flooding of desirable plant species. When water
levels remain too deep for the desirable plants to
survive, stronger, usually invasive, plant species take
WHY SUCH A SMALL HOLE?
A large opening would release the water too quick-
ly and not provide adequate time for treatment.
Stormwater wetlands and wet ponds are designed
to capture the first flush (or water quality volume)
from their upstream drainage areas. The first flush is
runoff generated by a 1 to 1.5 inch storm. The total
volume of water can range up to several acre -feet.
Once the first flush is captured in the wetland or
wet pond, it must be slowly released to allow time
for sediment and other gross solids to settle. Design
standards require that the first -flush volume be kept
for at least 2 days, with a recommended 3- to 4 -day
retention time. To release this water slowly, a small
hole is often necessary. When the hole is only 2, 3,
or 4 inches in diameter, clogging is a significant con-
cern.
Figure 4. A small orifice allows
slow release of captured
stormwater (A), but can
easily clog due to its size. A
clogged orifice can affect plant
communities inside the wetland
or wet pond (3).
over. The aesthetics and performance of the practice
can suffer when the plant community changes.
The wetland or wet pond needs to store water
between storms to perform its intended function. it
cannot store water from the next storm effectively if
the orifice is clogged and the wetland is continually
full.
Unclogging the orifice is relatively simple. Clean
the hole with a stick, a piece of wire, a pole, or your
hand. Inspect it regularly —the drawdown hole can
clog at any time. Visit the site once a month to make
sure water is flowing freely through the orifice, and
inspect the outlet after every rainfall event exceeding
2 inches.
CLEAN AWAY FLOATING DEBRIS ANDTRASH
Stormwater wetlands and wet ponds are located in
low elevations of the landscape. All water from sev-
eral acres drains to wetlands and wet ponds. With this
water comes trash and other debris, called floatage.
It must be removed from wetlands and wet ponds for
several reasons:
• It is unsightly, particularly when the wetland or wet
pond is designed to be an attractive amenity.
• Floating trash, such as cups or plastic bags,
often store small amounts of water in a sheltered
environment. Studies have shown that mosquito
larvae are more likely to be protected inside floating
trash than in the exposed pond.
• Trash and other floating debris can clog the
drawdown hole (the orifice), which is often used to
slowly release captured runoff (Figure 5).
Inspect wet ponds and wetlands for trash regularly
and frequently — typically once a month but occasion-
ally once a week. On smaller wetlands and wet ponds,
collect trash by simply wading along the edges. With

BK013931PG01032
G
Figure 5. Trash
floats to the
drawdown hole,
where it can clog
the small hole,
restricting flow.
Removing the
trash is often
very simple, but
essential.
larger facilities, a small boat or vac truck may be re-
quired. Because most trash follows the movement of
water, it tends to collect near the outlet of the wetland
or wet pond. This makes trash easier to collect, but it
increases the risk of clogging the drawdown orifice.
REMOVE VEGETATION ALONG THE DAM FACE
Dam inspection officials require earthen dams to be
free of large shrubs and trees. Roots can conduct
water through the dam from the open pond to the
downstream side of the embankment. The movement
of water along the roots is called piping, which can
eventually lead to soil erosion and, if unchecked, dam
failure, Piping tends to be a problem for large ponds
and wetlands that have a large darn face. Some small
wetlands and wet ponds and those with concrete dams
do not have this problem. If a dam face is vegetated, it
should be grassed exclusively.
Inspect the dam once a year, and remove all shrubs
and trees from the dam top and both faces. If the
wetland or wet pond has been regularly maintained
and any shrubs and trees growing are juvenile, simply
mowing the bank is sufficient. Otherwise, a weed
wiper, which applies herbicides to plants more than
12 inches tall, can be used along the bank. The weed
wiper will kill any plant it touches or scrapes.
If a bank is severely overgrown, trees and shrubs
should be cut down and removed. A systemic herbi-
cide can be applied to the freshly cut stumps, which
will kill the root systems. This is a laborious process.
If the dam face is heavily overgrown, a contrac-
tor who specializes in removal should be consulted.
Because dams of larger ponds and wetlands are re-
sponsible for retaining large volumes of water, dam
failure can be catastrophic if homes, businesses, or
roads arc downstream.
REMOVE INVASIVE PLANT SPECIES
Stormwater wetlands and wet ponds with aquatic
shelves can become overgrown with invasive plants.
The most common invasive plant is the cattail (Typha
species, Figure 6). Cattails, while native to North
Carolina, crowd out other, more desirable plants. Cat-
tails tolerate a variety of conditions and do a good job
of pollutant removal. From this functional standpoint,
cattails can be considered good plants to have in a
wetland. However, cattail monocultures fail to meet
two very important design goals: aesthetics and mos-
quito control.
A wetland or wet pond that is overgrown with cat-
tails is not a diverse ecosystem. Ecosystem diversity
is critical for mosquito control. Cattails provide a
safe environment for mosquito larvae to mature to
adulthood. When cattails go dormant in the fall, some
of the fronds will form a protective thicket for mos-
quitoes. For more information on mosquito control
in wetlands and wet ponds, see Mosquito Control
for Stormwater Practice Designers and Managers
(AGW- 588 -04) in the Urban Waterways series.

BK013931PG01033
Ewl i kl-�
Figure 7. Aquatic glyphosate (herbicide) can be applied via direct contact (a protected hand) or via a small weed -wipe
pole (A). Stroking individual cattail fronds sends the herbicide down the shoot and reaches tubers located in the soil (B).
Once the herbicide reaches the tubers, the cattails will die within 2 -3 days (Q. The herbicide can also be applied with a
small brush. (Franklin County Cooperative Extension Center)
Removing cattails can be challenging. It is almost
impossible to remove a mass of cattails by hand.
Cattails grow from tubers that spread, and they also
spread by seed. if a piece of cattail is left in the
wetland or wet pond after removal, the stand will
probably re- establish. Use a backhoe for mass cattail
removal when a wet pond or wetland is completely
overgrown by cattails.
If a wetland or wet pond has a variety of vegetation
but cattails are beginning to colonize it, use an alter-
native form of cattail removal, such as applying an
aquatic formulation of the herbicide glyphosate (one
trade name for this is Rodeo). Wear a chemical- resis-
tant glove underneath a cloth glove. Soak the cloth
glove in 2 percent glyphosate, and stroke the cattail
leaves. Or brush the herbicide onto the leaves with a
small weed wiper. Not every leaf needs to be touched
by the herbicide because many of the cattails are con-
nected by tubers. Within 10 to 12 days, the cattails
fronds will wither and die (Figure 7).
The herbicide must be applied by hand rather than
by broadcast spray because it will kill every herba-
ceous plant it touches. Use only aquatic formulations
of glyphosate because they do not harm fish and other
aquatic species.
The frequency of cattail removal can vary. Several
factors influence the need to apply herbicide to cat-
tails: the density at which the wetland is planted
with desirable species, the time of year the wetland
is planted, and the maturity of the wetland. During
the first year or two after wetland construction,
remove cattails twice a year. As the wetland matures
and desirable species begin to dominate, reduce the
maintenance frequency to once a year. The amount
of time needed to remove unwanted vegetation (via
the glyphosate wipe) varies, but a well- maintained,
mature wetland requires visits of about 2 hours per
acre of wetland.
Other unwanted plant species include common
reed (Phragmites species, Figure 6), various noxious
floating aquatics (such as parrot feather, Myriophyl-
lum aquaticum, and giant salvinia, Salvina spp.), and
Asiatic dayflower (Murdannia keisak). Phragmiles
species can be removed in a manner similar to that
described for cattails. Noxious floating aquatics may
require careful chemical or physical removal. If you
observe these exotic invasive species, contact your
county Extension center.
MOW THE PERIMETER OF WET PONDS
Stormwater wetlands are not mowed to the water's
edge and tend to be surrounded by mature grasses.
As a result, mowing the perimeter of wetlands is not
a typical stormwater wetland maintenance activity.
Many wet ponds, however, do have a grassed perime-
ter that needs to be maintained. Mowing maintenance
is almost purely aesthetic. The type of grass used, its
growing season, and pond aesthetics dictate the height
and frequency of mowing:
• Mow cool- season grasses to a recommended height
of 4 inches and no lower than 2.5 inches. Cool -
season grasses, such as fescue, tend to be used west
of Interstate 95 in North Carolina.
• Mow warm- season grasses to a recommended

BK013931PG01034
-Ex t b i L D
height of 2.5 inches and no lower than 1.5 inches.
Warm season grasses include centipede, Bermuda,
and zoysia, and are principally found in eastern
North Carolina.
• Mow every one to three weeks during the growing
season when the wet pond is part of an accessible
landscape or treated as an amenity.
• Mow wet ponds that are located out -of -sight once
or twice a year.
The size and severity of slopes along the wet pond
determine the type of mower to use. For small ponds,
a standard push mower is often adequate. Larger
ponds or ponds with steep banks will probably require
a specialized pond mower.
Grass clippings can be left adjacent to the pond to
provide organic matter that encourages grass to grow.
Do not discharge grass clippings into the water, as this
will encourage the growth of algae and could poten-
tially clog the drawdown hole.
CONTROL PESTS
Rodents such as muskrats and beavers are attracted to
stormwater wetlands and wet ponds (Figure 8). Once
there, they can damage the stormwater management
practice.
Muskrats eat aquatic vegetation and burrow holes
in the deeper pools. When muskrats actively burrow
near the outlet of a wetland or wet pond, they will
add sediment and increase turbidity to the outflow, in-
creasing the release of pollutants from the wetland or
wet pond. Moreover, muskrats will sometimes burrow
holes around and through dams. These muskrat holes
artificially lower the water level inside the pond or
wetland, causing some plant species to die. At worst,
the holes can lead to dam failure.
Beavers are attracted to the sound of running water.
Once a beaver colonizes a wet pond or stormwater
wetland, it will remove trees and shrubs surrounding
the stormwater practice to build its lodge and dam.
Beaver activity will clog or block the drawdown
structure, thus raising the height of water inside the
pond or wetland. This change in the depth of water
inside wet ponds with aquatic shelves and stormwater
wetlands will alter the types of vegetation that survive
in the practice. Usually this change is undesirable.
Muskrat infestation is a difficult maintenance
problem that usually must be addressed only when
a pond or wetland has suffered from neglect. If the
practice is infested, muskrats can be trapped under
water, where they drown. Muskrats frequently escape
traps, however, which makes live trapping difficult.
Hire a licensed, experienced trapper who takes care to
place traps where pets cannot be trapped by mistake.
Once muskrats have been removed from the pond,
their dwelling holes should be destroyed.

BK013939G01035
Lk l'il,( �
KEEP GEESE AWAY FROM WET PONDS
AND STORMWATER WETLANDS
Canada geese are attracted to an open body
of water with good visibility around the pe-
rimeter, and they enjoy eating grass. This
describes many "old - design "wet ponds that
are mowed to the edge, allowing geese easy
access in and out of the pond. Designers can
include features in a wet pond to prevent
Canada geese from taking up residence:
Build a visual barrier along the pond pe-
rimeter —the aquatic shelf, By taking away
good visibility, geese will not feel as safe.
Most newly designed ponds include some
aquatic shelf.
• Place shiny objects, such as silver tape,
around the perimeter of the pond if build-
ing an aquatic shelf is not feasible.
Place a grid of string across the wet pond
to prevent easy waterfowl water landing.
This string can also have shiny tape at-
tached to it (Figure 10).
You can also bring a dog to the pond regu-
larly to scare the geese. Geese do not like
certain species of dogs, particularly border
collies. If they often encounter a frightening
dog, the Canada geese will eventually move
elsewhere.
Figure 10. A grid of fishing line adorned with
silver tape has been strung across this wet pond
to prevent geese from making it their home. The
string grid makes water landing more difficult, and
geese do not like shiny or flashy objects like wind-
blown silver tape.
If the stormwater practice has been regularly main-
tained, muskrat populations can more easily be con-
trolled. Encourage muskrats to move away from the
wetland or wet pond by making it an uncomfortable
place to live. If muskrat holes are observed around
the perimeter of a wet pond or stormwater wetland,
destroy them or fill them with soil (Figure 9). Identify
and destroy muskrat holes during any regular main-
tenance activity: whenever the wetland or pond is
being inspected to verify that the drawdown is freely
flowing and during mowing and trash removal.
Removing beavers is more difficult that removing
muskrats. If a beaver is observed living in or around
a stormwater wetland or wet pond, contact a profes-
sional trapper who specializes in beaver removal.
SUMMARY
Well- designed stormwater wetlands and wet ponds
remove pollutants and mitigate floods. To accomplish
these goals and remain safe, aesthetically pleasing,
and free of mosquitoes, they must be maintained
properly to meet their design goals. Most stormwa-
ter wetland and wet pond maintenance activities are
simple and inexpensive. But without them, the effec-
tiveness of these stormwater management practices
will decline.

Wi3931PG01036
TABLE 1. STORMWATER WETLAND AND WET POND MAINTENANCE TASKS AND FREQUENCIES
Task
Frequency
Notes
Remove sediment from
Varies. In stable watersheds, once every
In unstable watersheds (those with
forebay and deep pool
5 tol0 years is typical.
active construction), the frequency
(dredging/ dipping).
increases to once a year, assuming the
forebay is correctly sized.
Monitor sediment depth in
Once a year.
In a large pond or wetland, a small boat
forebay and deep pools.
may be needed.
Maintaining free - flowing
Once per month and after every storm
Perform inspection regularly. Unclog -
orifice (drawdown hole).
exceeding 2 inches.
ging the hole when needed is simple.
Remove floating trash and
Depends on design aesthetics: once a
Remove trash whenever the drawdown
debris.
week to once a month.
hole is being inspected. Inspect for trash
more often if necessary, and remove as
needed.
Remove vegetation from
Once a year.
Dam top and faces should consist of
dam top and faces.
mowed grass, if vegetated.
Remove invasive species
In years 1 and 2, twice a year (spring
If spread of cattails is somewhat limited,
(particularly cattails),
and fall). From year 2 onward, once a
use the glyphosate -wipe method.
year (spring).
Mow the wet pond perim-
Depends on design aesthetics. Ranges
Wet ponds that are a design amenity will
eter,
from every 1 to 3 weeks to once a year.
require more frequent mowing (every 1
to 3 weeks).
Remove muskrats and
Muskrat hole inspection and destruc-
Contact a professional beaver trapper
beavers,
tion should occur every time the
to remove beavers. Use muskrat traps to
wetland or wet pond is visited (at least
remove muskrats, or contact a profes-
once a month).
I sional trapper.
RESOURCES
Fact sheets in the Urban Waterways series, North
Carolina Cooperative Extension, N.C. State Univer-
sity:
Hunt, W. F. Urban Stormwater Structural Best Man-
agement Practices (SMPs). AG- 588 -01.
Online: http : / /www.bae.ncsu.edu /stormwater/
PublicationFiles /UrbanBMP51999.pdf
Hunt, W. F., and B. A. Doll. Design of Stormwater
Wetlands for Small Watersheds. AG- 588 -02.
OnIine:http://www.bae.ncsu.edu/stormwater/
PublicationFiles /SWwetlands2oo0.pdf
Hunt, W. F., C. A. Apperson, and W G. Lord, Mosqui-
to Control for Stormwater Facilities. AG- 588 -04.
Online: http: / /www.bae.ncsu.edu /stormwater/
PublicationFiles /Mosquitoes2005.pdf
Hunt, W. F., and W.G. Lord. Bioretention Perfor-
mance, Design, Construction, and Maintenance.
AGW- 588 -05.
Online: http: / /www.bae.ncsu.edu /stormwater/
Publication Files /Bioretention2006.pdf
Rodewald, A. D. Nuisance Canada Geese: How to Deal
with the Problem. Ohio State University Extension
publication no. W -3 -2001.
Online: http: / /ohioline.osu.edu /w- fact /003.htmi
BAE Stormwater Group Web site:
www.bae.ncsu.edu /stormwater
Obtain information on upcoming workshops
(including BMP Inspection and Maintenance
Certification Courses), publications, PowerPoint
presentations, images to download, and design and
construction specifications.
State of North Carolina Stormwater Web site:
www.ncstormwater.org
ACKNOWLEDGEMENTS
All photographs were provided by the Department
of Biological & Agricultural Engineering at N.C. State
University except as noted for Figures 7 and 8.

BK013931PG01037
Recommendations for the use of agricultural chemicals are included in this publication
as a convenience to the reader. The use of brand names and any mention or listing of
commercial products or services in this publication does not imply endorsement by
North Carolina Cooperative Extension nor discrimination against similar products or
services not mentioned. Individuals who use agricultural chemicals are responsible
for ensuring that the intended use complies with current regulations and conforms to
the product label. Be sure to obtain current information about usage reulations and
examine a current product label before applying any chemical. For assistance, contact
your county Cooperative Extension agent.
Prepared by
William F. Hunt, Ph.D., P.E.
Assistant Professor and Extension Specialist
Biological and Agricultural Engineering
North Carolina State University
and
Bill Lord
Area Environmental Agent
North Carolina Cooperative Extension
Published by
NORTH CAROLINA COOPERATIVE EXTENSION SERVICE
AGRICULTURE -�E;LIFESCIENCES
A C A D E M I C S • R E S E A R C H • E X T E N S I O N
AGW- 588 -07 E0745831
08/2006 /bs

BK013931PGO1038
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BK013931PG01039
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