HomeMy WebLinkAboutSW8101117_CURRENT PERMIT_20211008STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. I SW8 SW $ (01 111
DOC TYPE I 6� CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE I 2 O 2
YYYYMMDD
ROY COOPER
Cavernor
ELIZABETH S. BISER
NORTH CAROLINA
Envhm td QuaUfy
October 8, 2021
Compass Landing Apartment Homes, LLC
Attn: Thomas F. Taft, Sr., Manager
P.O. Box 566
Greenville, NC 27835
Subject: Permit Renewal
State Stormwater Management Permit No. SW8101117
Compass Landing Apartment Homes
Carteret County
Dear Mr. Taft:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit
will now reference DEMLR as the Division responsible for issuance of the permit.
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on October 8, 2021. The Division is hereby notifying you that permit SW8 101117 has been
renewed on October 8, 2021, and shall be effective until January 13, 2029. For your records, please find enclosed a
renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all
tames. Please note that the renewed, updated, and re -issued permit does not impose new or different terns; it merely
restates some of the previous terms to provide you with a better understanding of your obligations under the permit.
The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and conditions of this state stormwater permit The plans originally approved on January 13, 2011 and most
recently modified on April 4, 2011, will remain in full force and effect in accordance with the regulations set forth in
Title 15A NCAC 2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish
an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written
petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within
thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a
filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or
via telephone at 919-431-3000, or visit their websrte at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the
Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov.
Sincerreely,� I
C hf i .J. /"1'r /j
q
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
D ER � North Carolina Department of Envi onmental Quality I Dmsmr, of Energy. Nfineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
rvoa�w cr+ouH+ r
State Stormwater Permit No. SW8 101117
Page 2 of 2
Enclosures
DES/ams
cc
Attachment C — Permitting History
Renewal Application Documents
\\\Stormwater\Pemuts & Projects\2010\101117 HD\2021 09 permit 101117
NCDEQ-DEWR Wilmington Regional Office
�D North Carolina Deparonent of Enwonn renal Qualtty I Din mn of Energy, hllneal and Land Resources
Cardinal
Wilmington Regional Office 1127 Dnve Extension I Wilmington, North Carolina 28405
9107967215
State Stormwater Management Systems
Permit No SW8 101117
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Compass Landing Apartment Homes, LLC
Compass Landing Apartment Homes
900 Old Fashion Way, Newport, Carteret County
FOR THE
construction, operation and maintenance of one (1) wet detention ponds in compliance with the
provisions of 15A NCAC 2H 1000 and Session Law 2008-211 (hereafter collectively referred to as the
"stormwater rules') the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Energy, Mineral and
Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit
This permit shall be effective from the date of issuance until January 13, 2029, and shall be subject to
the following specified conditions and limitations
I. DESIGN STANDARDS
1 This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data
2 This stormwater system has been approved for the management of stormwater runoff as
described in Section 18 on page 2 of this permit The stormwater control has been designed to
handle the runoff from 519,975 square feet of impervious area
3 A 50' wide vegetative buffer must be provided adjacent impounded structures, streams, rivers
and tidal waters
4 A vegetated filter strip is not required for this pond as it has been designed for a 90% total
suspended solids removal efficiency
5 The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and
per approved plans The built -upon area for the future development is limited to 23,167 square
feet
6 All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans
7 The runoff from all built -upon area within the permitted drainage area(s) of this project must be
directed into the permitted stormwater control system
Page 1 of 5
State Stormwater Management Systems
Permit No SW8 101117
8 The following design criteria have been provided in the wet detention pond and must be
maintained at design condition
a
Drainage Area, acres
1592
Onsite, ft2
693,300
Offsite, ft2
none
b
Total Impervious Surfaces, ft2
519,975
Onsite, ft2
496.808
Future Onsite, ft2
23,167
Offsite, ft2
none
c
Design Storm, inches
1 5
d
Average Pond Design Depth, feet
60
e
TSS removal efficiency
90%
f
Permanent Pool Elevation, FMSL
1850
g
Permanent Pool Surface Area, ft2
32,361
h
Permitted Storage Volume, ft3
65,161
1
Temporary Storage Elevation, FMSL
2025
t
Pre-dev 1 yr-24 hr discharge rate, cfs
2288
k
Controlling Orifice
2 75"0 pipe
I
Orifice flowrate, cfs
015
m
Permanent Pool Volume, ft3
181,081
n
Permitted Forebay Volume, ft3
33,104
o
Fountain Horsepower
3/4
p
Receiving Stream/River Basin
Shoe Branch / White Oak
q
Stream Index Number
21-6
r
Classification of Water Body
"C.,
It. SCHEDULE OF COMPLIANCE
1 The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface
2 During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately
3 The permittee shall at all time provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and re -vegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and specifications
f Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch
basins and piping
p Access to the outlet structure must be available at all times
Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR The records will indicate the date, activity, name of person
performing the work and what actions were taken
Page 2 of 5
State Stormwater Management Systems
Permit No SW8 101117
Decorative spray fountains are allowed in the pond, subject to the following criteria
The minimum permanent pool volume is 30,000 cubic feet
The fountain must draw its water from less than 2' below the permanent pool surface
Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond
The fountain may not be placed into the forebay
The falling water from the fountain must be centered in the main pond, away from the
shoreline
The maximum horsepower for a fountain in this pond is 3/4 horsepower
The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation Any deviations from the approved plans and specifications must be noted on
the Certification A modification may be required for those deviations
8 If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility
9 Access to the stormwater facilities for inspection and maintenance shall be maintained via
appropriate recorded easements at all times
10 The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made
11 No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification
a Any modification to the approved plans and specifications, regardless of size including
the SCM(s). BUA, details, etc
b Redesign or addition to the approved amount of BUA or to the drainage area
c Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications
d Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan
e The construction of any allocated future BUA
f The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications
g Other modifications as determined by the Director
12 Prior to transfer of the permit, a file review and site inspection will be conducted by Division
personnel to ensure the permit conditions have been met and that the protect and the on -site
stormwater system complies with the permit conditions Any items not in compliance must be
repaired, replaced restored, or resolved prior to the transfer Records of maintenance activities
performed to date may be requested
Page 3 of 5
State Stormwater Management Systems
Permit No SW8 101117
III. GENERAL CONDITIONS
Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21
The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as
required by any statutes, rules, regulations, or ordinances, which may be imposed by any
other Local, State or Federal government agency having jurisdiction Any activities undertaken
at this site that cause a water quality violation or undertaken prior to receipt of the necessary
permits or approvals to do so are considered violations of NCGS 143-215 1, and subject to
enforcement procedures pursuant to NCGS 143-215 6
If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective
actions This includes actions required by this Division and the stormwater rules such as the
construction of additional or replacement on -site stormwater systems These additional or
replacement measures shall receive a permit from the Division prior to construction
4 Permit Transfer This permit is not transferable to any person or entity except after notice to
and approval by the Director The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the required
fee and supporting documentation as listed on the form, to the Division at least 60 days prior
to any one or more of the following events
a The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants,
b Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08,
c Bankruptcy,
d Foreclosure, subject to the requirements of Session Law 2013-121,
5 Current Permittee Name or Address Changes The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes
a A name change of the current permittee,
b A name change of the project,
c A mailing address change of the permittee,
6 The permittee is responsible for compliance with all terms and conditions of this permit until
the Division approves the transfer request Neither the sale of the project, in whole or in part,
nor the conveyance of common area to a third party constitutes an approved transfer of the
permit
7 The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project
8 The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission, however, these actions do
not stay any permit conditions
9 Approved plans, application documents, supplements, calculations, operation and
maintenance agreement, and specifications for this project are incorporated by reference and
are enforceable parts of the permit A copy of this permit, application, supplements, operation
and maintenance agreement, and approved plans and specifications shall be maintained on
file by the permittee
10 Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual
Page 4 of 5
State Stormwater Management Systems
Permit No SW8 101117
11 The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the
laws, rules, and regulations contained in Title 15A NCAC 2H 1000 and NCGS 143-215 1 et al
12 A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H 1045(3)
Permit renewed, updated and reissued this the 8th day of October 2021
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
rianvvrenn, Direcror
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5
Attachment C - Permitting History
Compass Landing Apartment Homes
Permit No SW8 101117
Approval
.Date
Permit
Action
BIMS
Version
Description of the Changes
1 / 13 /2011
Original
Approval
1.0
Mr Jackson Conner of Conner-W,
LLC was removed from the permit
leaving Mr. Thomas Taft, of
Compass Landing Apartment
4/4/201 l
Modification
1 1
Homes, LLC; modification to
redesign wet pond, reroute pipes
discharging into the pond; pond was
enlarged and vinyl retaining walls
removed
10/8/2021
Renewal
20
PermitNumber3wa IV �\ n
(to be provided by D6VQ)
Drainage Area Number
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment mcluding forebays and the vegetated filter if one is provided.
This system (check one):
❑ does ® does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does ® does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks)
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency dram should be minimized to the
maximum extent practical
— Once a year, a dam safety expert should inspect the embankment
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County) Records of operation and maintenance should be kept in a known set
location and must be available upon request
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately
BMP element:
Potentialproblem:
How I will remediate theproblem:
The entire BMP
Trash debris is present
Remove the trash/debris
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
erosive gullies have formed
remove the gully, and then plant a
ground cover and water until it is
established Provide lime and a
one-time fertilizer application
Vegetation is too short or too
Maintain vegetation at a height of
long
approximately six inches
Form SW401-Wet Detention Basin O&M -Rev 4
-. _ _�'
VED
MAR 2 8 2011
Page 1 of 4
The inlet device: pipe or The pipe is
Swale
The pipe is cracked or
otherwise damaged
Erosion is occurring in the
swale
The forebay Sediment has accumulatc
a depth greater than the
original design depth for
sediment storage.
Erosion
are present
Permit Number \_W � \t M 9
(io be provided by DWQ)
Drainage Area Number.
to
shelf Best professional practices
show that pruning is needed
to maintain optimal plant
health.
Plants are dead, diseased or
dying
remediate the
Unclog the pipe
sediment off -site
Replace the pipe
Regrade the swale if necessary to
smooth it over and provide erosion
control devices such as reinforced
turf matting or nprap to avoid
future problems with erosion
Search for the source of the
sediment and remedy the problem if
possible Remove the sediment and
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Provide additional erosion
protechon such as reinforced turf
matting or nprap if needed to
prevent future erosion problems
Remove the weeds, preferably by
hand. if pesticide is used, wipe it on
the plants rather than spraying
Prune according to best professional
practices
Deternune the source of the
problem. sods, hydrology, disease,
etc Remedy the problem and
replace plants Provide a one -tune
fertilizer application to establish the
ground cover if a soil test indicates
Weeds are present.
Remove the weeds, preferably by
hand If pesticide is used, wipe it on
the plants rather than spraying
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible Remove the sediment and
storage depth
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Algal growth covers over
Consult a professional to remove
50% of the area
and control the algal growth
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray)
the basin surface.
Form SW401-Wet Detention Basin O&M -Rev 4
Page 2 of 4
MAR 2 8 2011
Permit Numbet�W—A \wl`
(to be provided by DWQ)
Drainage Area Number,
BMP element:
Potentialproblem:
How I will remediate theproblem:
The embankment
Shrubs have started to grow
Remove shrubs immediately
on the embankment
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present
consult a professional to remove
beavers
A tree has started to grow on
Consult a dam safety specialist to
the embankment
remove the tree
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair if applicable)
The outlet device
Clogging has occurred
Clean out the outlet device Dispose
of the sediment off -site
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet
the 401 Oversight Unit at 919-733-
1786
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth readmg and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 8 5 feet in the main pond, the sediment
shall be removed.
When the permanent pool depth reads 77:5 feet in the forebay, the sediment
shall be removed.
Sediment Removal
Bottom
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 18 50
1 I 0 1 Pet
e maven Pool
-------------- Volume Sediment Removal Elevation 10 0 Volume
100 -11Min ------------ ------ ----'-.-(/
Sediment Bottom Elevation 9 0 2 I-ft wPn
Storage Sedimer
Storage
FOREBAY MAIN POND
Form SW401-Wet Detention Basin O&M-Rev4
I Page3 of4
MAR 2 8 2011
Permit Number Mum
(io be provided by DWQ)
acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name: Compass Landine Apartment Homes
BMP drainage area number:
Print name: Compass Landing Apartment Homes, LLC c/o Thomas F. Taft, Sr.
Title- Manaeer
Address -
Signature:
Date- 3
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president
I, II Bec_kV � ` I • Lwe t , a Notary Public for the State of
Np4 l 0�1roijyVl, , C�oLunty of {Y�t `Q.t^�h , do hereby certify that
—Ti,., a6 F, —ra' ��; personally appeared before me this 2�
day of and acknowledge the due execution of the
forgoing wet det ntion ba in mai tenance requirements. Witness my hand and official
sea],
BECKY M. LANE - NOTARY P BLIC
County of '-yyI Stat of
Martin North rolina
SEAL
My commission expires ' as,'sw/ !
.. IED
Form SW401-Wet Detention Basin O&M -Rev 4 MAR 2 8 2011 Pace 4 of 4
i
I
to off-." + io yistu03
Permit Number: " /Zw/
(to be provided by DJYQ)
Drainage Area Number:
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
❑ does ® does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does ® does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks)
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
— Once a year, a dam safety expert should inspect the embankment
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County) Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows Any problems that are found shall
be repaired immediately
BMP element:
Potentialproblem:
How I will remediate the probleirr.
The entire BMP
Trash/debns is present
Remove the trash/debris.
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
erosive gullies have formed
remove the gully, and then plant a
ground cover and water imul it is
established Provide lime and a
one-time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of
long
approximately six inches
Form SW401-Wet Detention Basin O&M-Rev.4
Page 1 of 4
Permit Number
(to be provided by DWQ)
Drainage Area Number-
BMP element:
Potentialproblem:
How I will remediate theproblem:
The inlet device: pipe or
The pipe is clogged.
Unclog the pipe. Dispose of the
swale
sediment off -site
The pipe is cracked or
Replace the pipe
otherwise damaged
Erosion is occurring in the
Regrade the swale if necessary to
swale
smooth it over and provide erosion
control devices such as reinforced
turf matting or nprap to avoid
future problems with erosion
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible Remove the sediment and
sediment storage.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred
Provide additional erosion
protection such as reinforced turf
matting or nprap if needed to
prevent future erosion problems
Weeds are present
Remove the weeds, preferably by
hand If pesticide is used, wipe it on
the plants rather than spraying
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health
Plants are dead, diseased or
Determine the source of the
dying
problem. soils, hydrology, disease,
etc Remedy the problem and
replace plants Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary
Weeds are present
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible Remove the sediment and
storage depth
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Algal growth covers over
Consult a professional to remove
50% of the area
and control the algal growth
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray)
the basin surface
Form SW401-Wet Detention Basin O&M-Rev.4
Page 2 of 4
DEC1b2010
BY:
Permit Number:
be provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The embankment
Shrubs have started to grow
Remove shrubs immediately
on the embankment
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove
beavers.
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection by an
Make all needed repairs.
appropnate professional
shows that the embankment
needs repair. if applicable)
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
damage have occurred at the
outlet.
Contact the local NC Division of
Water Quality Regional Office, or
the 401 Oversight Unit at 919-733-
1786
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 8.25 feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads 7.0 feet in the forebay, the sediment
shall be removed.
Sediment Removal
CI1.0
BASIN DIAGRAM
ill in the blanks)
11.5 1 Pe anen
--------------- -- Volume
10.5 -ft Min
Sediment
Storage
FOREBAY
Form SW401-Wet Detention Basin O&M-Rev.4
Permanent Pool Elevation 18 50
Pool
Sediment Removal Elevation 10 25 Volun
----------------------------
Bottom Elevation
MAIN POND
RECEIVED
JAN 0 5 2011
BY:
Page 3 of 4
1-ft
Storage
PermitNumber•
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name: Compass Landing Apartment Homes
BMP drainage area number:
Print name: Compass Landing Apartment Homes, LLC c/o Thomas F. Taft, Sr.
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
I, 'R?� ``A, ULne-, , a Notary Public for the State of
hiorik Gi.�(KO, , County of MaAr) , do hereby certify that
�o�2taS F� T4�fi,I i MG"er personally appeared before me this 6
day of -De-ce Y 6er 20 LO , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements.
seal,
BECKY M. LANE - NOTARY P JBLIG
County of o State of
Martin North C arolina
SEAL
Witness my hand and official
My commission expires
RECEA'V'ED
Form SW401-Wet Detention Basin O&M-Rev.4 DEC 1 5 2010
BY:
Page 4 of 4
���}� IAi I: .i .. � .
I
. . , � ` � 1
. d' : . � � � J� f '�
• � .•
DEMLR USE ONLY
IF Date Ret ivep
Fee Paid
Permit Number
5
SulID11 I
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew their high density permit 180 days
poor to its expiration Renewed permits are valid fora period of 8 years per Session Law 2011-398 (SB 781)
Section 60 (c) This application form is for permit renewals only
A. PROJECT INFORMATION
1 State Stormwater Permit Number SW8 101117
2 Project name Compass Landing Apartment Homes
3 Project street address 900 Old Fashioned Way
City Newport County
4 What, if any, changes have been made to the project as permitted?
Carteret
N/A
ZIP 28570
If the project has changed from the original approved plans, please complete SWU-101 for a Ma/or
Modification or Minor Modification Application form available at https //deg nc goy/about/divisions/energymineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction
B. PERMITTEE INFORMATION
If changes to the permittee orproject name have been made, please complete either the Permit Update form
or the Permit Transfer form available at https //deg nc gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction State StormwaterPermits do not
automatically transfer with the sale of the property
1 Current Permit Holder's Company Name/Organization Compass Landing Apartment Homes, LLC
2 Signing Official's Name B Grant Sherrod
3 Signing Official's Title Brand Marketing Associate for Taff Management Group
4 Mailing Address PO Box 566
City Greenville State NC ZIP 27835
5 Street Address 631 Dickinson Avenue
City Greenville State NC ZIP 27834
6 Phone 2( 52 ) 752-7101 Ext 209 Email grant@tfonc com
SEP 14 2021
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018
C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORI) Only applications packages that
include all required items listed below will be accepted and reviewed
Initial each item below to indicate that the required information is provided in the application package
BGS 1 A permit application processing fee of $505 00 payable to NCDEQ
BGS 2 One original signed hard copy and one electronic copy of this completed form The signing official
named on this application to represent the current permittee must meet one of the following
a Corporation — a principle executive officer of at least the level of vice-president,
b Limited Liability Company (LLC) — a manager or company official as those terms are defined
In G S 57D "North Carolina Limited Liability Company Act,"
c Public Entity — a principal executive officer, ranking official, or other duly authorized employee,
d Partnership or limited partnership — the general partner,
e Sole proprietor, or
f Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity
BGS 3 One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including deed restrictions, protective covenants,
condominium/planned community declaration and easements If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date
BGS 4 O&M Agreements, Please select one
El I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit, or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me I agree to keep this on file with the permit
5 Designer Certifications, Please select one
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division, or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed, or
❑ The project has not yet been built
6 [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit
7 [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC)
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C 2 per 15A NCAC 2H 1043(3)(b)
httos //www sosnc gov/online services/search/by title/ Business Registration
SEP 14 2021
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018
D. PE/RMITTEE'S CERTIFICATION
^I
I, ` ) f" "y -�C the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs
or built -upon area ancyo submit the proper forms to modify or transfer the permit prior to any changes to the
project, SC s, or o er p1 All or atlon rovided on this permit renewal application is, to the best of my
knowledge, orre n co pi e G�
Signature Date
NOTARIZATION
that
this the
execution of the
Notary Signature
My commission expires
a Notary Public for the State of
County of Mfg2Hn , do hereby certify
_ day of �2_d exrbeX
instrument Witness my hand and official seal,
personally appeared before me
2021 , and acknowledge the due
SEP 14 2tl
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
Permit No S�ji '6 \Ib"
aa—
(fto be provided by DWQ)
wnreRo
NCDENR ��
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out, printed and submitted
The Required Items Checklist (Pad Ill) must be printed, filled out and submitted along with all of the required information
I. PROJECT INFORMATION
Project name COMPASS LANDING APARTMENT HOMES
Contact person GINGER TURNER, PE
Phone number 252-756-9352 EXT 234
Dale 3162011
Drainage area number 1
II. DESIGN INFORMATION
Site Characteristics
Drainage area 693,300 e
Impervious area, post -development 519,975 It'
%Impervious
7500 %
Design rainfall depth
15 1n
Storage Volume: Non -SA Waters
Minimum volume required
62,831 ft3
Volume provided
65,161 Ili
Storage Volume, SA Waters
1 Y runoff volume
ft3
Pre -development 1-yr, 24-hr runoff
to
Post -development 1-yr, 24-hr mnoff
fl3
Minimum volume required
R3
Volume provided 113
Peak Flow Calculations
Is the pre/post control of the 1 yr 24hr storm peak flow required?
N (Y or N)
1-yr, 24-hr rainfall depth
S . fo in
Rational C, pre -development
0,a5 (umdess)
Rational C, post -development
0,71 limitless)
Rainfall intensity 1-yr, 24-hrstortn
5,75 in/hr
Pre -development 1-yr, 24-hr peak flow
2288 f0/sec
Post -development 1-yr, 24-hr peak flow
5949 f0/sec
Pre/Post 1-yr, 24-hr peak flow control
3661 ft3/sec
Elevations
Temporary pool elevation
2025 fmsl
Permanent pool elevation
1850 fmsl
SH WT elevation (approx at the perm pool elevation)
1900 final
Tap of 10ft vegetated shelf elevation
1900 final
Bottom of tOfl vegetated shelf elevation
1800 final
Sediment cleanout top elevation (bottom of pond)
1000 hnsl
Sediment cleanout, bottom elevation
900 final
Sediment storage provided
1.00 It
Is there additional volume stored above the state -required temp pool?
N (Y or N)
Elevation of the top of the additional volume
fmsl
Forth SW401-Wet Detention Basuo-Rev 8-9/17109
OK
OK, volume provided is equal to or in excess of volume required
C����
MAR 2 8 2011
Parts 1311 Design Summary, Page t of 2
.- .
Permit No,
(to a prpv,HM by DWQ)
II DESIGN INFORMATION
Surface Areas
Area, temporary pool
Area REQUIRED, permanent pool
SAIDA ratio
Area PROVIDED, permanent pool, A,,,,
Area, bottom of 10ft vegetated shelf, A„_,,,,,
Area, sediment cleanout, lop elevation (bottom of pond), Ab p„a
Volumes
Volume, temporary pool
Volume, permanent pool, V,,,,y,,,
Volume, forebay (sum of forebays if more than one forebay)
Forebay, % of permanent pool volume
SAIDA Table Data
Design TSS removal
Coastal SAIDA Table Used?
Mountain/Piedmont SAIDA Table Used?
SAIDA ratio
Average depth (used in SAIDA table)
Calculation option 1 used? (See Figure 10-2b)
Volume, permanent pool, V,,,,-,,,,
Area provided, permanent pool, A,,,,-p,,,
Average depth calculated
Average depth used in SAIDA, d„, (Round to nearest 0 5ft)
Calculation option 2 used? (See Figure 10-2b)
Area provided, permanent pool, A,,,,y,,,
Area, bottom of 1 Oft vegetated shelf, A.
40,467 ft'
29,465 ftz
425 (unrdess)
32,361 ft' Of
29,394 ft
11,408 It`
65,161 ft' Of
181,081 to
33,104 ft'
183% % OK
90 %
Y (Y or N)
N (Y or N)
425 (unidess)
N (Y or N)
181,081 ft'
32,361 ft
it
it
Y (Y or N)
32,361 ft
29,394 ft
Need 3 It min
Area, sediment cleanout top elevation (bottom of pond), A..,
11,408 f?
'Depth' (distance b/w bottom of 10ft shelf and tap of sediment)
8 00 ft
Average depth calculated
6 03 it OK
Average depth used In SAIDA, d„, (Round to nearest 0 5ft)
6 0 ft OK
Drawdown Calculabons
Drawdown through onflce?
Diameter of onflce (if circular)
Area of onfice (if-nor-orcular)
Coefficient of discharge (CD)
Driving head (H,)
Drawdown through weir?
Weir type
Coefficient of discharge IQ
Length of weir (L)
Driving head (H)
Pre -development 1-yr, 24-hr peak flow
Post -development 1-yr, 24-hr peak flow
Storage volume discharge rate (through discharge onfloe or weir)
Storage volume drewdown time
Additional Information
Vegetated side slopes
Vegetated shelf slope
Vegetated shelf width
Length of flowpath to width ratio
Length to width ratio
Trash rack for overflow 8 onfce?
Freeboard provided
Vegetated filter provided?
Recorded drainage easement provided?
Capures all runoff at ultimate build -out?
Dmin mechanism for maintenance or emergencies is
Forth S W401-Wet Detenbon B83aFRev 8-9117/09
Y (Y or N)
275 in
in
060 (unitless)
058 ft
N (Y or N)
(unitless)
(unitless)
ft
ft
2288 ft'/sec
5949 ft'/sec
015 ft'/sec
480 days
OK, draws down in 2-5 days
3 1
OK
10 1
OK
100ft
OK
3 1
OK
22 1
OK
Y (Y or N) OK
10If OK
N (Y or N) OK
Y (Y or N) OK
Y (Y or N) OK
PORTABLE PUMP TO BE PROVIDED ONSITE FOR EMERGENCIES
-; 7VF
MAR 2 8 2011
Parts I d 11 Design Summary, Page 2 of 2
Permit Nov
(to be provided by DWQ)
III. REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met If the applicant has designated an agent, the agent may initial below. If a
requirement has not been met, attach justification.
Page/ Plan
Initials Sheet No.
1 Plans (1" - 50' or larger) of the entire site showing.
- Design at ultimate build -out,
- Off -site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
- Basin dimensions,
- Pretreatment system,
- High Flow bypass system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW),
- Overflow device, and
- Boundaries of drainage easement.
[
5�)
2 Partial plan (1" = 30' or larger) and details for the wet detention basin showing
J
- Outlet structure with trash rack or similar,
- Maintenance access,
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway,
- Basin cross-secbon,
- Vegetabon specification for planting shelf, and
- Filter strip
3 Section view of the wet detention basin (1" = 20' or larger) showing
- Side slopes, 31 or lower,
- Pretreatment and treatment areas, and
- Inlet and outlet structures
4 If the basin is used for sediment and erosion control during construction, clean out of the basin is specified
klri 'led CAJC5)n the plans prior to use as a wet detention basin
Asilb
5 A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for Forebay,
to verify volume provided
3
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
enbre drainage area is stabilized
7 The supporting calculations
8. A copy of the signed and notarized operation and maintenance (0&M) agreement
9 A copy of the deed rest ctions (if required)
Ply10
A soils report that is based upon an actual field investigation, soil borings, and infiltration tests County
soil maps are not an acceptable source of soils information
MAR 2 8 2011
Form SW401-Wet Detention Basin -Rev 8-9/17/09 1 1 Part III Required Items Checklist, Page 1 of 1
Penns No
fro be pmvded by DwD)
op W A 7F9
HCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out pnnted and submitted
The Required Items Checklist (Pan ill) must be printed, filled out and submitted along weli all of the required information
Pmlect name
Contact person
Phone number
Date
Drainage area number
Drainage area
Impervious area, post -development
%Impervious
Design rainfall depth
Storage Volume Non -SA Waters
Minimum volume required
Volume provided
Storage Volume SA Waters
1 5'runoR volume
Pre -development 1-yr, 24-hr runoff
Post -development 1-yr. 24-hr runoff
Minimum volume required
Volume provided
Peak Flow Calculations
Is the prelpost control of the 1 yr 24hr stonn peak flow required?
1-yr, 24-hr rainfall depth
Rational C, pre -development
Rational C, post -development
Rainfall intensity 1-yr, 24-hr storm
Pre -development 1-yr, 24-hr peak Bow
Post -development 1-yr, 24-hr peak flow
Pre/Post 1-yr, 24-hr peak flow control
Elevations
Temporary pool elevation
Permanent pool elevation
SH WT elevation (approx at the perm, pool elevation)
Top of 10ft vegetated shelf elevation
Bottom of 10ft vegetated shelf elevation
Sediment deanou4 lop elevation (bottom of pond)
Sediment deanoul, bottom elevation
Sediment storage provided
Is there additional volume stored above the state -required temp pool?
Elevation of the top of the additional volume
252-756-9352 EXT 234
10/2812010
693,300 ft3
519,975 fe
7500 %
15 in
62,831 ft3
66,068 fit"
ft3
t�
ft3
ft3
111
Y (Y or N)
Insufficient required volume
OK, volume provided is equal to or In excess of volume required
36 in
025 (unidess)
0.78 (unidess)
575 Inmr OK
22 88 ft3lsec
5949 ft3/sec
36 61 ft3/sec
20 80 fmsl
1850 final
19 00 final
19 00 fmsl
18 00 final
10 25 fmsl
9.00 final
125 ft
N (Y or N)
f nsl
RECEIVED
JAN 0 5 2011
BY:
Fain SW401-Wet Detention Basin -Rev e-9117109 Parts I a 11 Design Summery, Page 1 of 2
Permit No
(to be provided by DWQ)
Surface Areas
Area, temporary pool 31,241 ft'
Area REQUIRED, permanent pool 21,839 ft1
SAIDA ratio 3 15 (unNess)
Area PROVIDED, permanent pool, A.24,550 ft OK
Area, bottom of 10ft vegetated shelf, A�� 22,001 ft
Area, sediment cleanout, top elevator (bottom of pond), Aw.,a 15,607 ft
Volumes
Volume, temporary pool
66,068 ft'
OK
Volume, permanent pool, Vim,,
158,512 0
Volume, forebay (sum of forebays dmore than one forebay)
28,532 ft'
Forebay %of permanent pool volume
18 0% %
Insufficient forebay volume c t`1
SAIDA Table Data
Design TSS removal
90 %
Coastal SAIDA Table Usedv
Y (Y or N)
Mountain/Piedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
315 (umfless)
Average depth (used In SAIDA table)
Calculation option 1 used? (See Figure 10-2b)
N (Y or N)
Volume, permanent pool, V.
158,512 ft'
Area provided, permanent pool, A.r
24,550 ft
Average depth calculated
ft
Need 3 It min
Average depth used In SAIDA, da, (Round to nearest 0 511)
it
Calculation option 2 used? (See Figure 10-21b)
Y (Y or N)
Area provided, permanent pool, Ae,,,_vw
24,550 ft
Area, bottom of 10ft vegetated shelf. A.a,pp
22,001 f?
Area, sediment cleanout, top elevation (bottom of pond), A,.,
15,607 ft'
"Depth" (distance blw bottom of 10ft shelf and top of sediment)
7 75 It
Average depth calculated
710 ft
OK
Average depth used in SAIDA, d., (Round to nearest 0 51t)
7 0 ft
OK
Drawdown Calculations
Drawdown through orifice?
Y (Y or N)
Diameter of orifice (d circular)
2 56 in
Area of orifice (d-nonclrcular)
In'
Coefficient of discharge (CD)
0 60 (unrdess)
During head (Ha)
0 77 ft
Drawdown through weir?
N (Y or N)
Weir type
(undless)
Coefficient of discharge (C..)
(unifless)
Length of weir (L)
ft
Driving head (H)
ft
Pre -development 1-yr, 24-hr peak flow
2288 ft'/sec
Post -development 1-yr, 24-hr peak flow
59 49 ft'/sec
Storage volume discharge rate (through discharge onfice or weir)
015 ft'/sec
Storage volume drewdown time
4 82 days
OK, draws down in 2-5 days
Additional Information
Vegetated side slopes
3 1
OK
Vegetated shelf slope
10 1
OK
Vegetated shelf width
100ft
OK
Length of flowpath to width ratio
4 1
OK
Length to width ratio .
22 :1
OK
Trash rack for overflow & orifice?
Y (Y or N)
OK
Freeboard provided
1,0 It
OK
Vegetated filter provided?
N (Y or N)
OK
Recorded drainage easement provided? t
Y (Y or N)
OK
Capures all runoff at ultimate build -out?
Y (Y or N)
OK
Drain mechanism for maintenance or emergencies Is
PUMP TO DE PROVIDED ONSITE FOR
Fonn SW401-wet Delentwn Basin -Rev 8-9/17N9
I RPR
vl,I \O
Parts I & II Design Summary, Page 2 of 2
JAN 0 5 2011
Permit No v v " 1 I
(robe provided by DWQ)
III. REQUIRED ITEMS CHECKLIST
Please Indicate the page or plan sheet numbers where the supporting documentation can be found An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
Indicate the following design requirements have been met If the applicant has designated an agent, the agent may Initial below. If a
requirement has not been met, attach justification.
Pagel Plan
Initia s Sheet No.
y15,
' S' �
9L 8A5-
Plans (1" - 50' or larger) of the entire site showing
- Design at ultimate build -out,
- Off -site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
Basin dimensions,
Pretreatment system,
- High flow bypass system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW),
- Overflow device, and
- Boundaries of drainage easement
2 Partial plan (1" = 30' or larger) and details for the wet detention basin showing:
- Outlet structure with trash rack or similar,
YOU S"3 q
kkTrk�tlU4(-LS
- Maintenance access,
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway,
- Basin cross-section,
- Vegetation specification for planting shelf, and
- Filter strip
Section view of the wet detention basin (1" = 20' or larger) showing:
- Side slopes, 31 or lower,
- Pretreatment and treatment areas, and
- Inlet and outlet structures
If the basin is used for sediment and erosion control during construction, clean out of the basin is specified
on the plans prior to use as a wet detention basin
5 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay,
to verify volume provided
A
6 A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
p }N� t tI v 11 Y 7 The supporting calculations
���`/ 8 A copy of the signed and notanzed operation and maintenance (0&M) agreement
NIA Rik lT 9 A copy of the deed restrictions (if required).
10 A soils report that is based upon an actual field investigation, soil bonngs, and infiltration tests County
soil maps are not an acceptable source of soils information.
DEC16
Form SW401-Wet 2010 Detention Basin -Rev 8-9117/09 Part III Required Items Checklist, Page 1 of 1
BY:
NORTH CAROLINA, CARTERET COUNTY
This Instrument and this cardficate are duty fkd at
the date and dr a and N ft Book and Pape shown
on the flrat page hero a
By
VA, ti&,rj ova
NORTH CAROLINA
CARTERET COUNTY
FOR REGISTRATION REGISTER OF DEEDS
Joy Laurence
Carteret County, NC
February 15, 2013 02:30.09 PM
LDL DECL 12 P
FEE $26 00
FILE R 1437067
DECLARATION OF EASEMENTS
AND RESTRICTIONS
THIS DECLARATION OF EASEMENTS AND RESTRICTIONS ("Agreement") is
entered into this day of - i o/ , 2013, by and between COMPASS LANDING
APARTMENT HOMES, LLC, a North Carlolina limited liability company (hereinafter referred
to as "First Party") and COMPASS LANDING APTS. PHASE II, LLC, a North Carolina
limited liability company (hereinafter referred to as "Second Party").
WITNESSETH:
WHEREAS, First Party is the owner of property located in the Town of Newport,
Carteret County, North Carolina described as Tract B of 22.10 acres on the map entitled "Tracts
A and B Conner-W, LLC Property" recorded in Map Book 31, Pages 969 through 971
("Original Map"), said Property also being described by the Deed to First Party recorded in
Book 1368, Page 19. The overall property is hereinafter called the 'Property" and is commonly
known as Compass Landing, and,
WHEREAS, First Party conveyed 7.69 acres of the Property ("Parcel 2") to Second Party,
as described in that deed dated February2013 recorded in Book L{j'7
Page toto _; and,
WHEREAS, First Party is the owner of a portion of the Property described as Phase 1 of
14.41 acres ('Parcel I") and Second Party is the owner of a portion of the Property described as
Phase 2 of 7.69 acres ('Parcel 2"), both as shown and delineated on a map entitled "Minor
Subdivision — Compass Landing, Phase 1 & Phase 2", said map being recorded in Map Book 32,
Page 310 ("Current Map"); and,
WHEREAS, Parcel I and Parcel 2 (collectively "Parcels") are adjoining tracts of land,
and,
WHEREAS, First Party has developed Parcel 1 by constructing thereon an apartment
complex substantially in the location shown on the site plan attached hereto as Exhibit A
(hereinafter referred to as the "Site Plan"); and,
Page I
BOOK1 43 _PAGE
WHEREAS, subject to the provisions and restrictions of this Agreement, Second Party
intends later to develop Parcel 2 by constructing thereon an apartment complex; and,
I
WHEREAS, First Party intends to encumber Parcel 1 by recording a deed of trust in
favor of Arbor Commercial Funding, LLC ("Lender") dated and recorded on or about even dated
herewith ("Deed of Trust'); and,
WHEREAS, the parties hereto desire to enter into this Agreement to create and
acknowledge the existence of the following easements for the joint use of each of Parcel 1 and
Parcel 2 and benefiting and burdening each of Parcel 1 and Parcel 2. The easements are: walking
and driving areas on Parcel I and Parcel 2; surface water drainage over and across Parcel 1 and
Parcel 2; access and utility easements over Parcel 1 and Parcel 2; the installation, maintenance
and repair of underground utilities over and across Parcel 1 and Parcel 2; and stormwater
retention and detention to benefit and burden Parcel 1 and Parcel 2; and,
WHEREAS, Lender, as the holder of the Deed of Trust, has also required that certain
development restrictions as hereinafter described be placed upon Parcel 2.
NOW THEREFORE, in consideration of the mutual benefits to be realized by such joint
use, the mutual agreements set forth herein, and other good and valuable considerations, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as
follows:
ARTICLE I
DECLARATION OF EASEMENTS
1. First Party does hereby establish, give, grant, and convey to Second Party,
its successors and assigns, and its tenants, customers, employees, and invitees, a non-exclusive
easement appurtenant to Parcel 2 for ingress and egress over Parcel 1; for the purpose of walking
upon and driving vehicles upon and across all those sidewalks, entrances, and drives in Parcel 1
which are now or may hereafter from time to time be used for pedestrian and vehicular traffic;
for the purpose of drainage of surface water over, across, and under Parcel 1; for the purpose of
using any water retention basin located on Parcel 1; and for the purpose of installation,
maintenance, and repair of underground utilities which are located on Parcel 1 and serve any
portion of Parcel 2.
2. Second Party does hereby establish, give, grant, and convey to First Party,
its successors and assigns, and its tenants, employees, and invitees, a non-exclusive easement
appurtenant to Parcel 1 for ingress and egress over Parcel 2; for the purpose of walking upon and
driving vehicles upon and across all those sidewalks, entrances and drives in Parcel 2 which are
now or may hereafter from time to time be used for pedestrian and vehicular traffic; for the
purpose of drainage of surface water over, across, and under Parcel 2; for the purpose of using
any water retention facilities located on Parcel 2; and for the purpose of installation,
maintenance, and repair of underground utilities which are located on Parcel 2 and serve any
portion of Parcel 1.
Page 2
BOOK 1 3�,.PAGE ��
3. With respect to the easements set forth in Article 1, Paragraph 1 and
Article 1, Paragraph 2 above, First Party and Second Party do further agree as follows:
(a) First Party and Second Party, in the ownership of Parcel 1 and Parcel 2
and their respective successors and assigns, may erect on their respective property curbs, fences
and landscaping in order to define their respective property. Neither owner shall detract from
reasonable access rights to the driveways, sidewalks, entrances and exits on its property by the
other party or prevent, hinder or unreasonably interfere in any way with free flow and passage of
vehicular and pedestrian traffic over, to, from and between the various tracts of the Property. No
barriers to such access shall be erected. Nothing in the document prevents any owner from
constructing improvements on its respective property, which improvements may be erected in
areas that are used for driveways, sidewalks, entrances and exits. However, such improvements
shall not prevent reasonable vehicular and pedestrian access from and to the improved tract from
and to the tracts of the other parties or decrease the number of parking spaces on either Parcel.
(b) In connection with the installation, maintenance, or repair of utilities, the
owner of the parcel on which such utilities are being installed shall insure that such installation,
maintenance, or repair is undertaken in a manner so as to minimize the effect on ease of access
by residents. All such work shall be done promptly and in a good workmanlike manner. Any
portion of the Parcels which is affected by such installation, maintenance, and or repair shall be
restored to the same condition as existed prior to such work.
(c) , The sidewalks, driveways, entrances, exits and lighting located on Parcel 1
and Parcel 2 shall be maintained in good order and repair by the respective owners of such
Parcels at their sole cost and expense at all times during the term of this Agreement.
4. First Party and Second Party, for themselves and their successors and
assigns, hereby agree that Parcel 1 and Parcel 2 each are benefited and burdened by the
following existing and recorded easements, rights and benefits:
(a) Easements described by the map recorded in Map Book 30, Page 798.
(b) Easements, rights and benefits, including, but not limited to, the Entrance
Road 30' Right of Way set forth in the easement agreement recorded in Book 821, Page 338.
(c) Easements, rights and benefits, including, but not limited to, the 30'
ingress, egress and egress easements set forth in the easement agreement recorded in Book 815,
Page 433 and Declaration of Easement recorded in Book 861, Page 40.
(d) Easements, rights and benefits, including, but not limited to, the Sewer
Easement set forth in the Easement Agreement recorded in Book 1011, Page 78.
(e) Easements, rights and benefits, including, but not limited to, the Access
Easement set forth in the Easement and Maintenance Agreement recorded in Book 1052,
Page 365.
(f) A non-exclusive, perpetual right of way and easement for the purposes of
ingress, egress, regress, access, the installation and maintenance of utilities and further
subdivision over Old Fashion Way to and from the Property to and from U.S. Highway No. 70
Page 3
B®®K 1 1fa 7 PAGES
(including, the Entrance Road) and to and from Nine Foot Road as same is shown and delineated
on the Original Map under the heading "Old Fashion Way Right of Way Legal Description."
(g) A non-exclusive, perpetual right of way and easement for the purposes of
ingress, egress, regress, access, the installation and maintenance of utilities and further
subdivision over the Access Easement twenty (20) feet in width to and from the Property to and
from Old Fashion Way (Entrance Road) as same is shown and delineated on the Original Map
under the heading "Secondary Emergency Access Easement Legal Description."
(h) A non-exclusive, perpetual drainage easement for the drainage of surface
water and storm water over a 30-foot to 50-foot drainage easement to and from the Property to
and from Howard Road (N C.S.R. 1245) as said easement is shown and depicted on the Original
Map as Easement B and as said easement is depicted by metes and bounds on the Original Map
under the heading "30' to 50' Drainage Easement'B' Legal Description." That easement is for the
purposes of drainage and includes the right to construct, maintain, pipe and repair ditches and
pipes located within said drainage easement. Reference is made to Easement Agreement
recorded in Book 1368, Page 144.
(i) A non-exclusive, perpetual 30 foot drainage easement as same is shown
and delineated on the Original Map as Easement A. Said drainage easement is depicted by metes
and bounds on the Original Map as "30' Drainage Easement 'A' Legal Description." That
easement is for the purposes of drainage and includes the right to connect, maintain, pipe and
repair ditches and pipes located within said drainage easement. Reference is made to Easement
Agreement recorded in Book 1368, Page 144.
0) A non-exclusive, perpetual variable width utility easement as same is
show and delineated on the Original Map as "Variable Width Utility Easement" and by metes
and bounds description under the heading "Variable Width Utility Easement Legal Description"
on the Original Map. Said variable width utility easement is depicted on the Original Map under
the heading "Variable Width Utility Easement Legal Description."
(k) Easements, rights and benefits in and to the easements described by Map
Book 30, Page 798, Map Book 31, Pages 969 through 971, Book 821, Page 338, Book 815,
Page 433, Book 861, Page 40 and Book 1011, Page 78, including the 20' utility easement shown
and delineated on the Original Map as "20' Utility Easement" and by metes and bounds
description under the heading "20' Utility Easement Legal Description" on the Original Map.
5. First Party and the Second Party, for themselves and their successors and
assigns, hereby grant and impose on Parcel 1 and Parcel 2 non-exclusive, perpetual rights of way
and easements for the purposes set forth below and for the purposes of further subdivision in, to
and over the easements described as follows:
(a) Perpetual, non-exclusive easements for vehicular and pedestrian ingress,
egress, regress and access to and from Old Fashion Way in a northerly direction from the
southern line of Parcel 1 to the southern line of Parcel 2 and depicted as "Cross Access
Easement #1" on the Current Map and to and from the extension of the "20' Secondary
Emergency Access" from the southern line of Parcel 1 to the southern line of Parcel 2, and being
depicted as "Cross Access Easement #2" on the Current Map. Said easements are variable in
width and benefit First Party in the ownership of Parcel 1 and Second Party in the ownership of
Page 4
BOOK l__3?_PAGE (o'%
Parcel 2, and their successors and assigns. First Party and Second Party shall have the right to
close any such roads on their respective property for emergency repairs or for up to twenty-four
(24) hours once each year in order to prevent the public from acquiring public rights to use such
easements.
(b) A perpetual, non-exclusive right of way and easement for the purpose of
the installation and maintenance of underground utilities, including, but not limited to water,
sewer, electricity, telephone and cable, from the southern line of Parcel 1 to the northern line of
Parcel 2, and being depicted as "Variable Width Utility Easement" on the Current Map. Said
easement is variable in width and benefits First Party in the ownership of Parcel 1 and Second
Party in the ownership of Parcel 2, and their successors and assigns.
6. Stormwater Retention and Drainage Easement. First Party hereby grants
to Second Party and its respective successors and assigns in the ownership of Parcel 2 to be used
in common with First Party and its successors and assigns in the ownership and Parcel 1, a
perpetual, non-exclusive easement for stormwater retention and detention in the location
depicted as "Stormwater Easement" on the Current Map and to the lines and pipes running to and
from said location to and from Parcel 1 and Parcel 2, some of which are shown on the Current
Map (collectively, "Stormwater Facility").
7. The costs of operating, repairing, maintaining and insuring the easements
and roads described in Article I, Paragraphs 4 and 5 and the Stormwater Facility described in
Article 1, Paragraph 6 (collectively, "Maintenance Costs") shall be shared by the First Party and
the Second Party on a prorata basis based upon the number of apartment units located on their
respective tracts, with each owner's prorata portion of such Maintenance Costs being a fraction,
the numerator of which is the number of apartment units located on such owner's tract and the
denominator of which is the number of apartment units located on the entire Property, with
numbers of apartment units in each case being determined at the time the Maintenance Cost is
incurred. In the event an owner determines that an expense which is a Maintenance Cost should
be incurred, that owner shall notify all other owners of property within Parcel 1 and Parcel 2 of
the nature of the expense and the approximate amount of the cost. Not sooner than fifteen (15)
days after such notification (excluding an emergency), the notifying owner may proceed with
incurring the expense which is a Maintenance Cost after which the other owners shall pay their
pro rata share of such Maintenance Cost within fifteen (15) days after receipt of an invoice for
same. In the event any party fails to pay their portion of the Maintenance Costs within fifteen
(15) days after the date such costs are due, in addition to such payment, the failing party shall
pay a late payment fee in an amount equal to ten percent (10%) of the amount of such payment
and the reasonable attorney's fees incurred in the collection of such amount. Additionally, the
other owner may institute a civil action to recover the pro rata share of maintenance or repair
costs, together with interest at the legal rate and all costs and expenses of collection, including
reasonable attorney's fees, whether or not a civil action is commenced.
8. The easements, restrictions, and agreements provided for herein shall be
effective upon execution of this Agreement by the parties hereto. The easements provided for
herein shall run with the land and shall constitute a use for reciprocal benefits to and burdens
upon Parcel 1 and Parcel 2. The easements provided for herein shall inure to the benefit of and
be binding upon the respective successors, assigns, heirs, and tenants of each party hereto and the
tenants, employees, and invitees of such parties, shall remain in full force and effect and shall be
unaffected by any change in ownership of Parcel 1 or Parcel 2oor any of them, or by any change
Page 5 BOOK _ N39 PAGE
of use, demolition, reconstruction, expansion, or other circumstances, except as specified herein.
In addition to the other remedies set forth herein, the agreement and undertakings by each party
hereto shall be enforceable by any action in law or equity.
ARTICLE If
DEVELOPMENT RESTRICTION
For so long as the loan secured by the Deed of Trust is outstanding, Second Party shall be
prohibited from undertaking any development of Parcel 2 without the prior written consent of
Lender or the holder of the note evidencing the loan secured by the Deed of Trust, which consent
may be granted or withheld by Lender or the holder of such note in its sole and absolute
discretion.
ARTICLE III
RECREATIONAL FACILITIES
Second Party acknowledges and agrees that this Agreement does not permit Second Party
or any future residents of any residential development which may be later constructed upon
Parcel 2 to use the pool, club house or other recreational facilities now or hereinafter situated on
Parcel 1 (collectively, the "Recreational Facilities") except pursuant to a written agreement
between First Party and Second Party, provided however, for so long as the loan secured by the
Deed of Trust is outstanding, such agreement regarding the sharing of the Recreational Facilities
shall be subject to the review and prior written consent of Lender or the holder of the note
evidencing the loan secured by the Deed of Trust, which consent may be granted or withheld by
Lender or the holder of such note in its sole and absolute discretion.
ARTICLE IV
MERGER, INTEGRATION AND AMENDMENT
This Agreement contains and memorializes the entire agreement between the parties and
all prior contemporaneous negotiations and discussions are merged herein. This Agreement may
not be modified or amended except in a written agreement signed by the duly authorized
representatives of Second Party and First Party and recorded in the Carteret County Register of
Deeds. Any material modification or amendment to the provisions of this Agreement shall also
require the written consent of Lender or the then holder of the Deed of Trust which consent shall
not be unreasonably withheld.
ARTICLE V
NOTICE
Any notice required hereunder shall be deemed sufficient notice and service thereof
completed upon receipt or refusal of same if same shall be in writing addressed to the addressee
at their last known post office address, mailed certified or registered, postage prepaid, with return
receipt requested.
Page 6 B®®tf! T 3 ( PAGE
(a) The address of First Party to which all notices herein provided shall be
sent is:
Compass Landing Apartment Homes, LLC
c/o Taft Family Offices
2217 Stantonsburg Road
Post Office Box 566
Greenville, NC 27835
(b) The address of Second Party to which all notices herein provided shall be
sent is:
Compass Landing Apts. Phase 11, LLC
c/o Taft Family Offices
2217 Stantonsburg Road
Post Office Box 566
Greenville, NC 27835
Any party may change its address by giving notice to the other parties in the
manner provided herein
ARTICLE VI
MISCELLANEOUS
I. References herein to recorded documents are to documents recorded in the
office of the Register of Deeds of Carteret County, North Carolina.
2 One or more waivers of any default in the performance of any provision of
this Declaration will not be deemed a waiver of any subsequent default in the performance of the
same provision or any other provision.
3. If any party institutes any action or proceeding against another party
relating to the provisions of this Declaration or any default hereunder, the unsuccessful party in
such action or proceeding will reimburse the successful party therein for the reasonable expenses
thereof, including, but not limited to, reasonable attorney's fees incurred by the successful party.
4. If performance of any action by either party is prevented or delayed by act
of nature, war, labor dispute, or other cause beyond the reasonable control of such party, the time
for performance of such action will be extended for the period that such action is delayed or
prevented by such cause.
5. The terms of this Declaration may not be amended, modified, or waived,
except by written agreement duly executed by the party to be charged therewith.
6. No breach of this Declaration will entitle either party to cancel, rescind, or
otherwise terminate this Declaration. The foregoing limitation will not affect in any manner, any
other right or remedy which either party may have by reason of any breach of this Declaration.
Page 7
BOOKN 3 7 PAGE
7 Nothing contained in this Declaration and no action by parties will be
deemed or constructed by the parties or by a third person to create the relationship of principal
and agent, partnership, joint venture, or any association between or among the parties.
8. If any provision of this Declaration is, to any extent, declared by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Declaration (or the
application of such provision to persons or circumstances other than those in respect of which the
determination of invalidity or unenforceability was made) will not be affected thereby and each
provision of this Declaration will be valid and enforceable to the fullest extent permitted by law.
9. This Declaration will be construed and governed in accordance with the
laws of the State of North Carolina.
10. This Declaration constitutes the entire agreement between the parties with
respect to the subject matter herein and supersedes all prior discussions and written or oral
agreements with respect thereto.
11. Each party agrees to indemnify and hold the other party harmless from all
loss, costs, and expense, including, but not limited to, reasonable attorney's fees and court costs
arising from the exercise of the rights of such party hereunder, expect for such party's wrongful
or negligent actions or omissions.
12. In the event that any property is damaged due to construction, repair or
maintenance, the party responsible for such damage shall be responsible for repairing same.
13 This Declaration shall run with the land and shall be binding on all
persons acquiring title to any of the Property.
14. Each party may bring an action for specific performance of the obligations
of the other party pursuant to the terms of this Declaration, specific performance being agreed to
be an available remedy.
(SIGNATURE PAGES FOLLOW)
Page 8
B®®I( I Y3? PAGE.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
under sea] in their respective company names by their duly authorized managers as of the date
first above written.
COMPASS MENI"HOME,r
7
By- / (SEAL)
II, LLC
By: / (SEAL)
'I'homas aft, ., Manager
(ACKNOWLEDGEMEA'T PAGE FOLLOWS)
LLC
BOOK ! V7 PAGE- 6
STATE OF NORTH CAROLINA
COUNTY OF Pi-['
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: Thomas F. Taft, Sr. Manager of Compass Landing Apartment Homes, LLC.
Date: O�i�u i 43
(Official Seal)
Signature of Not y Public
�ec-ky M, LM&
Notary's pri ted or typed name , L
My commission expires: aB 90/T
Notary seal or stamp must appear within this box.
BOOK PAGE LZ_,
STATE OF NORT ROLINA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: Thomas F. Taft, Sr. Manager of Compass Landing Apts. Phase II, LLC.
Date: 1 02013
(Official Seal)
&CA11 1�4 ay.Ql
Signature of No Publi
T5 c c, M, l.Ahe,
Notary's print d or typed name
My commission expires: ,,,, . a(S X/
or stamp must appear within this box.
100830-00002
ND: 4835-7334-2482, v
BOOK / 3 ? PAGE
EXHIBIT A
(Site Plan)
This map is not a certified survey and has
not been reviewed by a local government
agency for compliance with any
applicable land development regulations.
BOOK N3 7 PAGE. 61