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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