HomeMy WebLinkAboutSW8081209_CURRENT PERMIT_20220603 (2)STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Og 12 Oq
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
t
DOC DATE
2022 06 03
YYYYMMDD
ROY COOPER
Govemor
ELIZABETH S. BISER
Setmtory
BRIAN WRENN
Director
June 3, 2022
D.R. Horton, Inc.
Attn: Bradford Brundage, Vice President
1341 Horton Circle
Arlington, TX 76011
NORTH CAROLINA
Environmental Quafhy
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 081209
Riverside Development
New Hanover County
Dear Mr. Brundage:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on May 17, 2022. The Division is hereby notifying you that permit SW8081209 has been
renewed, updated, and re -issued on June 3, 2022, as attached. Please be aware that the renewal and re -issuance of
this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until December 30, 2029 and does not supersede any other agency permit that may
be required. The project shall be subject to the conditions and limitations as specified therein. This permit does
not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this
program to provide you with a better understanding of your obligations under this permit. Failure to comply with
these requirements will result in future compliance problems. Please note that this permit is not transferable
except after notice to and approval by the Division.
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 Q. tition 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 website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at (910) 796-7215 or ashleym.smith@ncdem.gov.
Sincerely,
Chi ��
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A — Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documems
DES/arcs: %StornwaterTermits & Projects1200&081209 RDU022 06 permit 081209
cc: Bradford Brundage; Vice President; 131 Racine Drive, Suite 201; Wilmington, NC 28403
Wilmington Regional Office Stottnwater File
00 E Q1 North Carolina Department of Environmental Quality I DNtslon of Energy, Mineral and land Resources
D
_` Q wdmington Regional Office 1127 Cardinal Drive Extension I Wamingtom North Caroana28405
910.796.7215
Post -Construction Stormwater Management
Permit No. SW8 081209
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
D.R. Horton, Inc.
Riverside Development
2553 Castle Hayne Road, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of two (2) wet detention ponds in compliance with the
provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and as outlined in the application, approved stormwater management plans,
supplement, calculations, operation and maintenance agreement, recorded documents,
specifications, and other supporting data (the "approved plans and specifications") as attached and/or
on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these
approved plans and specifications. The approved plans and specifications are incorporated by
reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until December 30, 2029 and shall be subject
to the following specified conditions and limitations. 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 condition. 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.
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 1.5 on page 2 of this permit. The subdivision is permitted for 166 lots,
each allowed a maximum of 3,500 square feet of built -upon area, and three multi -residence
units.
3. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
4. The built -upon areas associated with this project shall be located at least 50 feet landward of
all perennial and intermittent surface waters.
Page 1 of 8
Post -Construction Stormwater Management
Permit No. SW8 081209
5. The following design elements have been permitted for this wet detention pond stormwater
facility, and must be provided in the system at all times.
Pond #1
Pond #2
a. Drainage Area, acres:
2,759,642
1,514,008
Onsite, ft2:
2,697,071
826,976
Offsite, ftz:
62,571
687,032
b. Total Impervious Surfaces, ft2:
1,018,209
851,192
Buildings, ftz:
583,315
34,362
Roads/Parking, ft2:
324,703
112,955
Other, ft2:
47,620
16,843
Offsite, ft2:
62,571
687,032
c. Average Pond Design Depth, feet:
3.5
3.0
d. TSS removal efficiency:
90%
90%
e. Design Storm, inches:
1.5
1.5
f. Permanent Pool Elevation, FMSL:
10
20.5
g. Permitted Surface Area @PP, ft2:
135,247
200,384
h. Permitted Storage Volume, ft':
176,149
157,819
i. Storage Elevation, FMSL:
11.20
21.25
j. Predevelopment 1 year 24 hour, cfs:
6.97
3.06
k. Post development 1-yr 24 hour, cfs:
175.35
135.10
I. Controlling Orifice "0 pipe":
6
6
m. Permanent Pool Volume, ft':
430,445
630.117
n. Forebay Volume, ft':
80,759
127,220
o. Maximum Fountain Horsepower:
1
2
p. Receiving Stream / River Basin:
Northeast Cape Fear/Cape Fear
q. Stream Index Number:
18-74-(61)
r. Classification of Water Body:
SC; Sw
II. SCHEDULE OF COMPLIANCE
Decorative spray fountains are allowed in the pond, subject to the following criteria
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. 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.
d. The fountain may not be placed into the Forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline.
f. The maximum horsepower for a fountain in Pond 1 is 1 horsepower, and in Pond 2 is 2
horsepower.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot
does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division of Energy, Minerals and
Land Resources, and responsibility for meeting the built -upon area limit is transferred to the
individual property owner.
3. If an Architectural Review Board or Committee is set up by the permittee to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed built -upon area.
Any approvals given by the Board do not relieve the homeowner of the responsibility to
maintain compliance with the permitted BUA limit.
Page 2 of 8
Post -Construction Stormwater Management
Permit No. SW8 081209
4. 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.
5. 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.
6. 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. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. 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.
h. Other modifications as determined by the Director.
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.
During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, the permittee shall cause a certification from an appropriate
designer for the system installed to be submitted, 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.
10. 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.
11. Records of maintenance activities must be kept by the permittee. The records will indicate the
date, activity, name of person performing the work and what actions were taken.
12. 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.
Page 3 of 8
Post -Construction Stormwater Management
Permit No. SW8 081209
13. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function 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 side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
14. The permittee shall submit to the Division of Energy, Minerals and Land Resources an annual
summary report of the maintenance and inspection records for each BMP. The report shall
summarize the inspection dates, results of the inspections, and the maintenance work
performed at each inspection.
15. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 081209, as issued by the Division of
Energy, Minerals and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Energy, Minerals
and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Energy, Minerals and Land Resources.
f. The maximum built -upon area per lot is 3,500 square feet for 166 lots. This allotted
amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include raised,
open wood decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters, which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
h. Built -upon area in excess of the permitted amount will require a permit modification.
i. If permeable pavement credit is requested, the property owner must submit a request,
with supporting documentation, to the permittee and receive approval prior to
construction of BLIA.
16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the
date of recording the plat, and prior to selling lots. The recorded copy must contain all of the
statements above, the signature of the Permittee, the deed book number and page, and the
stamp/signature of the Register of Deeds.
Page 4 of 8
Post -Construction Stormwater Management
Permit No. SW8 081209
17. If permeable pavement credit is desired, the permittee must submit a request to modify the
permit to incorporate such language as required by the Division of Energy, Minerals and Land
Resources. The request to modify must include a soils report identifying the type of soil, the
Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion
of a permit modification, the individual lot owners that request to utilize permeable pavements
must submit the necessary forms and documentation to the permittee and receive approval prior
to construction of the permeable pavement.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. 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.
2. PERMIT RENEWAL. 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).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. 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 project and the on -site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
Page 5 of 8
Post -Construction Stormwater Management
Permit No. SW8 081209
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
C. ENFORCEMENT. 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.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the
changes have been made.
OTHER PERMITS. 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.
Permit renewed, updated and reissued this the 3rd day of June 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
, W, Brian�6re or
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 8
Attachment A
Post -Construction Stormwater Management
Permit No. SW8 081209
Riverside Development
Stormwater Permit No. SW8 081209
New Hanover County
Designer's Certification
Page 1 of 2
I, , as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
(Project)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8
Post -Construction Stormwater Management
Permit No. SW8 081209
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDEQ-DEMLR Regional Office
New Hanover County Building Inspections
Page 8 of 8
Attachment C - Permitting History
Riverside Development
Permit No. SW 8 081209
Buih-Upon Am (BUA),
sf
Prpjeq/Ikvruge
Approval Permit Action BNfs Desctiptivp of the Cheapens Modified Ptev Sheeb
Am la0
Butilote Stmb parking Sidesveha Other Existing
OHsih Future TOWPercent
DamVersiav
lub
HUA
O ig nal
1/5/2009
mval
1.0
Rim Pointe Group, HD wet pond subdivision
0,273,650
617,6]]
339,759
ind
116,206
46,156
749,603
1,869p01
43.7%
3/23/2015
Transfer,
1A
Tmnsfevcd permit to Clculy Dcvelo mcnt
No
4,273,650
617,677
339,759
Ind
116,206
46,156
749,503
1,969,401
433%
Minor
5/6/2016
12
Revised plans
Yes
Modification
4,273,650
617,6))
339,759
mri
116,206
46,156
749,503
1,869,401
433%
on 112020
Tmnsfcr
1.3
Transferred emut to D.R. Horron
No
4,273,650
617,6]]
339,759
ind
116,206
46,156
749,603
1,869,401
43.]%
6/3/2022
Renewal
2.0
Ez Tres December 30, 2029
No
Page 1 of 1
1.4- _ -Operation _&_Maintenance Agreement.
Project Name
Project Location
Riverside
2545 Castle Hayne Rd., Castle Hayne, NC (New Hanover County)
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set locatio
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 pollutant removal efficiency of the BMP(s).
The BMP(s) on this project include (check all that apply & ci
Bioretention Cell
Quantity:
Dry Detention Basin
Quantity:
Grassed Swale
Quantity:
Green Roof
Quantity:
Infiltration Basin
Quantity:
Infiltration Trench
Quantity:
Level SpreaderNFS
Quantity:
Permeable Pavement
Quantity:
Proprietary System
Quantity:
Rainwater Harvesting
Quantity:
Sand Filler
Quantity:
Stormwater Wetland
Quantity:
Wet Detention Basin
Quantity:
Disconnected Impervious Area
Present:
User Defined BMP
Present:
O&M tables will be added automatically):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s): #1 SW corner of site - #2 SE corner of
Location(s):
Location(s):
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed
for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party.
Responsible Party:
Title & Organization:
Street address:
City, state, zip:
Phone number(s):
Email:
Signature: 6/
Elizabeth Shelton
Vice President - D.R. Horton, Inc.
131 Racine Dr., Suite 201
Wilmington, NC 28403
910-515-9561
elshelton@drhorton.com
`A LA.JJ E R.K , a Notary Public for the State of
Date: 5 11_kk
aro (Aiidc.t.1R
County of Nf_J RnbuEA� do hearby certify that EL, z on SHrr ve %
personally appeared before me this .2-7 T H day of ►Yj R`f pap and
acknowledge the due execution of the Operations and Maintenance Agreement .
Witness my hand and official seal,
T NOAg).. JUN j e 2020
'011BUC, = BY:
as/ 17/oqojl� 5/27/2020
commission expire O&M Manual Page 1 of 5
3
Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
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:
Potential problem:
How I will remediate the problem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the BMP
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed.
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 approximately six inches.
long.
The inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the swale if necessary to smooth it over and provide erosion
swale.
control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or
Remove sediment and replace with clean stone.
covered in sediment (if
applicable).
The forebay
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible. Remove the sediment and dispose of it in a location where it
original design depth for
will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred.
Provide additional erosion protection such as reinforced turf matting or
riprap 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 practices
show that pruning is needed
ECE U n
�r `�' i
o maintain optimal plant
' ealth.
JUN 16 2020 I,
I Iants are dead, diseased or
ying.
Determine the source of the problem: soils, hydrology, disease, etc.
Remedy the problem and replace plants. Provide a one-time fertilizer
BY:
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.
STORM-EZ 5/27/2020
Version 1.4 O&M Manual Page 3 of 5
Wet Detention Pond Maintenance Requirements (Continued)
The main treatment area
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible. Remove the sediment and dispose of it in a location where it
original design sediment
will not cause impacts to streams or the BMP.
storage depth.
Algal growth covers over 50%
Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other
Remove the plants by wiping them with pesticide (do not spray).
invasive plants cover 50% of
the basin surface.
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and consult a professional to remove
beaver activity is present.
beavers.
A tree has started to grow on
Consult a dam safety specialist to remove the tree.
the embankment.
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 Department of Environment and Natural
damage have occurred at the
Resources Regional Office.
outlet.
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.
97
SUN ' 70a „
/✓
STORM-EZ 5/27/2020
Version 1.4 O&M Manual Page 4 of 5
Wet Detention Pond Design Summary
Wet Pond Diagram
WET POND ID FOREBAY MAIN POND
#1 Permanent Pool El. 10 Permanent Pool EI. 10
Temporary Pool El: 11.2 Temporary Pool El: 11.2
Pretreatment other [�Noq
Clean Out Depth: 3 Clean Out Depth: 4
than forebay? Sediment Removal El: 7 Sediment Removal El: 6
Has Veg., Filter? Bottom Elevation: 6 Bottom Elevation: 5
WET POND ID FOREBAY MAIN POND
q2 Permanent Pool El. 20.5 Permanent Pool El. 20.5
Temporary Pool El: 21.25 Temporary Pool El: 21.25
Pretreatment other PNqo
Clean Out Depth: 3.5 Clean Out Depth: 3.6
than forebay? Sediment Removal El: 17 Sediment Removal El: 16.9
Has Vag. Filter? Bottom Elevation: 16 Bottom Elevation: 15.9
JUN 1 d 2020
STORM-EZ 5/27/2020
Version 1.4 O&M Manual Page 5 of 5
'= - - - -- - DEMLR USE ONLY-
- _ Dale ecei ed
Fee Paid
Permit Number
-7 as
33 lob 50-5—
Sub 08fal-)
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
prior to its expiration. Renewed permits are valid for a 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 081209
2. Project name:
3. Project street address: 2553 Castle Hayne Rd.
City: Wilmin
ZIP: 28401
4. What, if any, changes have been made to the project as permitted? None
County: New Hanover
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at., https://deg.nc.gov/about/divisions/energy-
m ineral-land-resourceslenergy-mineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project 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 Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: D.R. Horton, Inc.
2. Signing Official's Name: Bradford Brundage,
3. Signing Official's Title: Vice President
4. Mailing Address: 1341 Horton Circle
City: Arlington State: TX ZIP: 76011
5. Street Address: 131 Racine Dr., Ste. 201
City: Wilmington State: NC ZIP
28403
6. Phone: (704) 804-9781 Email: bcbrundage(a)drhorton.com
MAY 17 2022
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/ORVV). 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:
BB 1. A permit application processing fee of $505.00 payable to NCDEQ.
BB 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.
NA 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.
BB 4. O&M Agreements, Please select one:
® 1 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.
BB 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.
NA 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.
BB 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). i
https://www.sosnc.gov/online services/search/by title/ Business Registration
MAY 17 2022
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018
D. PERMITTEE'S CERTIFICATION
�eXFI
I, �Ard f] ria�c&gO_ the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M AgreemeAt 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 and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct and complete.
p
Signature: ` ' /' / Date: /" $ Y. ? 1
NOTARIZATION:
I, 2 Yr Q Yl -,a Notary Public for the State of
11* II �1 Count of �r (" do hereby certify
that npua nc r rA C_ �n Ur sn personally appeared before me
this the c��` I '' day of I ► I Q.J(-0—V-) 20 9,Q , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature: I My commission expires p �) ` !
♦`,,111118 rtii���i
♦♦ ra."......y �y'00-
Notary m'•
'OubHo t C z
so ;,h 0 %'♦'
MAY 171012
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
Permit No� XP 1'o 2l0
(ro ue amvm oy
AMA
l
NC ENR
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 (Part III) must be printed, filled out and submitted along with all of the required information.
Project name
Contact person
Phone number
Date
Drainage area number
910-458-5605
Matt
II:"DESIGN iINFORMATION
i,
Site Characteristics
Drainage area 2,759,642 ft3
Impervious area, post -development 1,018,209 ft3
%impervious 36.90 %
Design rainfall depth 1.5 in
Storage Volume: Non -SA Waters
Minimum volume required
Volume provided
Storage Volume: SA Waters
1.5" runoff 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 pre/post control of the tyr 24hr storm 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 flow
Post -development 1-yr, 24-hr peak flow
Pre/Post 1-yr, 24-hr peak flow control
Elevations
Temporary pool elevation
Permanent pool elevation
SHWT elevation (approx. at the perm. pool elevation)
Top of 10111 vegetated shelf elevation
Bottom of 10ft vegetated shelf elevation
Sediment deanout, top elevation (bottom of pond)
Sediment cleanout, bottom elevation
Sediment storage provided
Is there additional volume stored above the state -required temp. pool?
Elevation of the top of the additional volume
131,823 rya OK
176,149 f13 OK, volume provided is equal to or in excess of volume required.
If3
N3
N3
o ft3
rya
N (Y or N)
3.1 in
0.15 (unitless)
0.51 (unitless)
5.39 in/hr OK
6.97 ft3lsec
175.35 ft3lsec
168.38 ft3lsec
11.20 fmsl
10.00 fall
l2.(7 frost
10.50 must
9.50 frost
6.00 fast
5.00 fmsl
1.00 ft
Y (Y or N)
11.2 fmsl OK
Form SW401-Wet Delenima Basin-Rev.5 Pans 1.811. Design Summary -pond 1, Page 1 of 2
Permit No
yoruul
(to be providednyDW0)
Area, temporary pool
Area REQUIRED, permanent pool
SAIDA ratio
Area PROVIDED, permanent pool, App,m p
Area, bottom of 108 vegetated shelf, Abo,,1
Area, sediment cleanout, top elevation (bottom of pond), Aca_.4
Volumes
153,224 It'
101,831 ft'
3.69 (unitless)
135,247 fl` OK
124,049 ft'
75,667 ft'
Volume, temporary pool
176,149 ft'
Volume, permanent pool, V,m-per
430,445 ft'
Volume, forebay (sum of forebays if more than one forebay)
80,759 ft'
Forebay % of permanent pool volume
18,8% %
SAIDA Table Data
Design TSS removal
90 %
Coastal SAIDA Table Used?
Y (Y or N)
Mountain/Piedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
3,69 (unitless)
Average depth (used in SAIDA table):
Calculation option 1 used? (See Figure 10-2b)
N (Y or N)
Volume, permanent pool, Vpe,m-pW
ft'
Area provided, permanent pool, A..mypy
ft'
Average depth calculated
ff
Average depth used in SAIDA, d,,, (Round to nearest 0.51
ft
Calculation option 2 used? (See Figure 10-2b)
Y (Y or N)
Area provided, permanent pool, Ap...
135,247 ft`
Area, bottom of 1Oft vegetated shelf, Ahp, ,hp„
124,049 ft`
Area, sediment cleanoul, lop elevation (bottom of pond), A�4
75,667 ft'
'Depth' (distance blw bottom of 1011 shelf and lop of sediment)
3,50 It
Average depth calculated
3,29 It
Average depth used in SAIDA, d,v, (Round to nearest 0.5ft)
3.5 ft
Drawdown Calculations
Drawdown through orifice?
Y
(Y or N)
Diameter of orifice (if circular)
6.00 in
Area of orifice (if -non -circular)
in'
Coefficient of discharge (Co)
0.60 (unitless)
Driving head (Hp)
0.32 It
Drawdown through weir?
N
(Y or N)
Weir type
(unitless)
Coefficient of discharge (C.)
(unitless)
Length of weir (L)
it
Driving head (H)
If
' Pre -development 1-yr, 24-hr peak flow
6.97 113Isec
Post -development 1yr, 24-hr peak flow
175,35 ft'Isec
Storage volume discharge rate (through discharge orifice or weir)
0.53 ft'Isec
Storage volume drawdown time
3.83 days
Additional Information
Vegetated side slopes
3 :1
Vegetated shelf slope
10 :1
Vegetated shelf width
10.0 It
Length of towpath to width ratio
4 :1
Length to width ratio
2.7 :1
Trash rack for overflow & orifice?
Y
(Y or N)
Freeboard provided
9.3 If
Vegetated filter provided?
N
(Y or N)
Recorded drainage easement provided?
Y
(Y or N)
Capures all runoff at ultimate build -out?
Y
(Y or N)
Drain mechanism for maintenance or emergencies
Pump
OK
OK
OK
OK
OK
OK
OK
OK
Insufficient pre -development peak flow.
OK
OK, draws down in 2-5 days.
OK, drawdown time is correct.
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
Form SW401-Wel Detention Basin Rev 5 Pans 1.811, Design summary pond 1, Page 2 of 2
Permit A I 1V O U Z. 205
(to be provided by DWQ)
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
Initials Sheet No.
J BM I� 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.
JtJllti l
23
2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing:
- Outlet structure with trash rack or similar,
- Maintenance access,
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway,
- Basin cross-section,
- Vegetation specification for planting shelf, and
- Filter strip.
3. Section view of the dry detention basin (1" = 20' or larger) showing:
Side slopes, 3:1 or lower,
Pretreatment and treatment areas, and
Inlet and outlet structures.
ee00
4. 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.
Q�n
23
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for Forebay, ,
to verify volume provided.
RR�n
1 Ulr l
5
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
set I�
entire drainage area is stabilized.
gm
ca�IJcs
7. The supporting calculations.
off I
o a-M
8. A copy of the signed and notarized operation and maintenance (0&M) agreement.
16M
reh* ,
resinn' ni
9. A copy of the deed restrictions (if required).
+1
Q$ wvd
�`—
10. A soils report that is based upon an actual fell investigation, soil borings, and infiltration tests. County
soil maps are not an acceptable source of soils information.
Form SW401-Wet Detention Basin-Rev.4 Part III. Required Items Checklist, Page 1 of 1
Permit 1,483 1 &� O U5K]i2Q T
(to be provided by DWD)
I11., REQUIRED ITEMS:CHECKLIST+? , ` ,, T " ° "{ `
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
Initials
Sheet No.
J BAj
1 I5-23 B
1. Plans (1" - 50' or larger) of the entire site showing:
Design at ultimate build -out,
- OH -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.
It
23
2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing:
- Outlet structure with trash rack or similar,
- Maintenance access,
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway,
- Basin cross-section,
- Vegetation specification for planting shelf, and
- Filter strip.
Jp, +
ylir
3. Section view of the dry detention basin If" = 20' or larger) showing
- Side slopes, 3:1 or lower,
- Pretreatment and treatment areas, and
- Inlet and outlet structures.
A
17
4. 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.
M
23
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay,
to verify volume provided.
p M
U I+I
5
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
ge d
entire drainage area is stabilized.
qq pp
D�I
i�c�se
7. The supporting calculations.
aNe
o rM
8. A copy of the signed and notarized operation and maintenance (0&M) agreement.
Bm
see
re, h Win;
9. A copy of the deed restrictions (if required).
Ir
�1ey
10, 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.
Form SW401-Wel Detention Basin-Rev.4 Part III. Required Items Checklist, Page 1 of
Permit No.�Q'
fro Do pmm etl b WQ)
®wn
NCDENR
Project name
Contact person
Phone number
Date
Drainage area number
��.� 1.
i 1 7lt. r
STORMWATER MANAGEMENT PERMIT APPLICATION FORM o
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information.
man murpny
910-4585605
Il., DESIGN INFORMATION
Site Characteristics
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' runoff 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 Pre/post control of the 1 yr 24hr storm 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 flow
Post -development 1-yr, 24-hr peak flow
Pre/Post 1-yr, 24-hr peak flow control
Elevations
Temporary pool elevation
Permanent pool elevation
SHWT elevation (approx. at the perm, pool elevation)
Top of 1 Oft vegetated shelf elevation
Bottom of 1011 vegetated shelf elevation
Sediment cleanout, top elevation (bottom of pond)
Sediment cleanoul, bottom elevation
Sediment storage provided
Is there additional volume stored above the state -required temp. pool?
Elevation of the lop of the additional volume
1,514,008 ffr
851,192 it?
56.22 %
1.5 in
105,247 rya OK
157,819 k'
OK, volume provided is equal to or in excess of volume required.
ft3
it
f13
0 0
ft3
N (Y or N)
3.1 in
0.15 (unilless)
0.72 limitless)
5,39 inlhr OK
3.06 ff'lsec
135.10 ff3lsec
132.04 ff'Isec
21,25 fmsl
2050.frill (, 1 , ., (- ox.\J t t 1
2 5,T5 tmst
21.00 fmsl
20.00 fmsl
16.90 mist
15.90 (rust
1.00 it Insufficient sediment storage provided
Y (Y or N)
21.3 fmsl OK
Fonn SW401-Wet Nieman aasin-Rev.S Pans I. E II. Design Summary-pond2, Page 1 012
Una, -j f, r0((h
Permit No..� ki asp�
(to be pmv7ded by DWQ)
Surface Areas
Area, temporary pool
217,093 k'
Area REQUIRED, permanent pool
97,990 k'
SAIDA ratio
6.. 7 (unitless)
Area PROVIDED, permanent pool, Ape,m-pod
200,384 ft` OK
Area, bottom of 1Oft vegetated shelf, Arp, erg,
186,830 ft`
Area, sediment cleanout, lop elevation (bottom of pond), A.,,,
126,610 ft`
Volumes
Volume, temporary pool
157,819 ft3 OK
Volume, permanent pool, Vpe,my,
630,117 ft3
Volume, forebay (sum of forebays if more than one forebay)
127,220 k3
Forebay % of permanent pool volume
21 % OK
SAIDA Table Data
Design TSS removal
90 %
Coastal SAIDA Table Used?
Y (Y or N)
Mountain/Piedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
647(unitless)
Average depth (used in SAIDA table):
Calculation option 1 used? (See Figure 10-2b)
N (Y or N)
Volume, permanent pool, V,,,_.
ft'
Area provided, permanent pool, Ape,m_Pw
ft'
Average depth calculated
ft
Average depth used in SAIDA, d,,, (Round to nearest 0.5k)
it
Calculation option 2 used? (See Figure 10-2b)
Y (Y or N)
Area provided, permanent pool, Ape,m pea
200,384 ft`
OK
Area, bottom of 10ft vegetated shelf, A., a,e,t
186,830 It,
OK
Area, sediment cleanout, top elevation (bottom of pond), A, p.d
126.610 ft2
OK
"Depth" (distance blw bottom of 10ft shelf and top of sediment)
3.10 ft
OK
Average depth calculated
3.08 ft
OK
Average depth used in SAIDA, d,,, (Round to nearest 05h)
3.0 ft
OK
Drawdown Calculations
Drawdown through orifice?
Y
(Y or N)
Diameter of orifice (if circular)
6.00 in
Area of orifice (if -non -circular)
in'
Coefficient of discharge (Cm)
0.60 (unitless)
Driving head (Ho)
0.16 ft
Drawdown through weir?
N
(Y or N)
Weir type
(unitless)
Coefficient of discharge (C„)
(unitless)
Length of weir (L)
it
Driving head (H)
it
Pre -development 1-yr, 24-hr peak flow
3.06 Osec
Post -development 1-yr, 24-hr peak flow
135.10 ft3lsec
Storage volume discharge rate (through discharge orifice or weir)
0.39 IF/sec
Storage volume drawdown time
4.73 days
Additional Information
Vegetated side slopes
3 :1
Vegetated shelf slope
10 :1
Vegetated shelf width
10.0 ft
Length of flowpath to width ratio
3 :1
Length to width ratio
6.7 :1
Trash rack for overflow 8 orifice?
Y
(Y or N)
Freeboard provided
4.8 it
Vegetated filter provided?
N
(Y or N)
Recorded drainage easement provided?
Y
(Y or N)
Capures all runoff at ultimate build -out?
Y
(Y or N)
Drain mechanism for maintenance or emergencies
Pump
Insufficient pre -development peak flow.
OK
OK, draws down in 2-5 days.
Of, drawdown time is correct.
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
Farm SW401-Wet Detention Basin-Rev.5 Parts I. S II. Design Summary-pon,12, Page 2 of 2
Permit No. u O O I )S� d.d�
Ili DESIGN INFORMATION `we„ Y7 ✓$i�.� r.R-3;�r.rH:
Surface Areas
Area, temporary pool
217,093 n'
Area REQUIRED, permanent pool
97,990 42
SAIDA ratio
6.47 (unitless)
Area PROVIDED, permanent pool, AM.-;sol
200,384 ft` OK
Area, bottom of 10ft vegetated shell, A„ ,,,,
186,830 ft`
Area, sediment cleanout, top elevation (bottom of pond), A,-,, 126,610 it`
Volumes
Volume, temporary pool
157,819 ft'
OK
Volume, permanent pool, Vc ,,,
630,117 rya
Volume, forebay (sum of forebays if more than one prepay)
127,220 n'
Forebay %of permanent pool volume
20.2% %
OK
SAIDA Table Data
Design TSS removal
90 %
Coastal SAIDA Table Used?
Y (Y or N)
Mountain/Piedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
6.47 (unitless)
Average depth (used in SAIDA table)'.
-
Calculation option 1 used? (See Figure 10.2b)
N (Y or N)
Volume, permanent pool, Va,,,-,, i
ft'
Area provided, permanent pool, A,,,,,,„
8r
Average depth calculated
8
Average depth used in SAIDA, d,,., (Round to nearest 0.5ft)
ft
Calculation option 2 used? (See Figure 10-2b)
Y (Y or N)
Area provided, permanent pool, A,,. _p,,,
200,384 ft`
OK
Area, bottom of 1011 vegetated shelf, A,,, oa,
186,830 ft`
OK
Area, sediment cleanout, top elevation (bottom of pond), A,,,_,.
126,610 h°
OK
"Depth" (distance blw bottom of 1011 shelf and top of sediment)
3.10 8
OK
Average depth calculated
3,08ft
OK
Average depth used in SAIDA, d, (Round to nearest 0.5ft)
3,0 ft
OK
Drawdown Calculations
Drawdown through orifice?
Y (Y or N)
Diameter of orifice (if circular)
6.00 in
Area of orifice (if -non -circular)
in
Coefficient of discharge (Co)
0.60 (unitless)
Driving head (H,)
0.160
Drawdown through weir?
N (Y or N)
.
Weir type
(unitless)
Coefficient of discharge (C,)
(unitless)
Length of weir (L)
it
Driving head (H)
ft
Pre -development 1-yr, 24-hr peak now
3.06 ft'/sec
Insufficient pre -development peak flow.
Post -development 1-yr, 24-hr peak flow -
135.10 ft'Isec
OK
Storage volume discharge rate (through discharge orifice or weir)
0.39 ft'Isec
Storage volume drwdown time
4.73 days
OK, draws down in 2-5 days.
Of, drawdown time is correct.
Additional Information
Vegetated side slopes
3 :1
OK
Vegetated shelf slope
10 :1
OK
Vegetated shelf width
10.0 ft
OK
Length of 0owpath to width ratio
3 :1
OK
Length to width ratio
6.7 :1
OK
Trash rack for overflow & orifice?
Y (Y or N)
OK
Freeboard provided
4.8 ft
OK
Vegetated filler provided?
N (Y or N)
OK
Recorded drainage easement provided?
Y (Y or N)
OK
Captures all runoff at ultimate build -out?
Y (Y or N)
OK
Drain mechanism for maintenance or emergencies
Pump
Form SW401-Wet Delenlioo Basin Rev Parts I. a II. Design Summary-pond2, Page 2 of 2
Permit No. � %YOk5zi
(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.
Pagel Plan
Initials
Sheet No.
J gM
( 15- 238
1. Plans IV - 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.
p
2. Partial plan (V = 30' or larger) and details for the wet detention basin showing:
- Outlet structure with trash rack or similar,
- Maintenance access,
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway,
- Basin cross-section,
- Vegetation specification for planting shelf, and
- Filler strip.
pp
U
17
3. Section view of the dry detention basin (1" = 20' or larger) showing:
- Side slopes, 3:1 or lower,
- Pretreatment and treatment areas, and
- Inlet and outlet structures.
�M
4. 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.
J Bm
23
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for Forebay,
15
to verify volume provided.
J �M
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
see
entire drainage area is stabilized.
J B)�
u chej
7. The supporting calculations.
J Bm
S. nm
8. A copy of the signed and notarized operation and maintenance (0&M) agreement.
J 8�
4 Ae
'�h'ons
9. A copy of the deed restrictions (if required).
M
"E_
10. 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.
Form SW401-Wet Detention Basin -Rev 4 Part III. Required Items Checklist, Page 1 of 1
Wet Detention Basin Operation and
Permit Number: Q t�A
(to be provided by DWO)
Drainage Area Number: 2
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.
"rhe 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 V does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does Q 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 weekh, 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 theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the wet
detention basin
Areas of bare soil and/or
erosive gullies have formed.
Regrade the soil if necessary to
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
ton
approximately six inches.
Ponn SW40I-Wet Detention Basin 08 M-Rev.3 Page 1 of 4
r %L High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Elizabeth Shelton , acknowledge, affirm and agree by my signature
below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 081219 , as issued by the Division of Energy,
Mineral and Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Energy, Mineral and Land Resources.
6. The maximum allowable built -upon area per lot is_3,500 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools.
OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following:
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # BUA Lot # BUA Lot # BUA Lot # BUA
This allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
7. Each lot will maintain a 30" foot wide vegetated buffer between all impervious areas and surface
waters.
"50 foot for projects located in the 20 coastal counties.
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter sweles to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
FJOUN
18 1020
Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2 L,Y.
Hiah Density Residential Subdivisions
Deed Restrictions & Protective Covenances
I, laa FLNVELI , a Notary Public in the
State of NORJ(A C,&LIUM , County of AJ;5w ganlouc P
do hereby certify that C L i2A ff -rY SHr-,LY V &) personally appeared
before me this the 307Tlg day of MAIf 20�0 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
Signature ,00'
My Commission expires OSZ7,r,2oAS = NOTARy
jDUBOG
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2
.. ; •wiltAt;;,n.
I -.
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Book 6310 Page 2549
�CEIVE
JUN 18 2020
Parcel: Portion of R03300-001-015-000;
R03300-001-070-000; R03300-001-071-000;
R03300-001-075-000; R03300-001-076-000;
R03300-001-080-000; R03300-001-081-000;
R03300.001-085-000; R03300-001-116-000;
R03300-001-120-000; R03300-001-12 1 -000;
R03300.001-125-000; R03300-001-126-000;
R03300-001-130-000; R03300-001-109-000;
R03300.001-113-000; R03300-001-114-000;
R03300-001-101-000; R03300-001-102-000;
R03300-001-106-000; R03300-001-107-000;
R03300-001-090-000; R03300-001-091-000;
R03300-001-095-000; R03300-001-096-000;
R03300-001-087; and, R03300-001-13 1 -000
BK: RB 6310
PG: 2549 - 2660
NC FEE SM 00
2020017172
RECORDED:
NEW HANOVER COUNTY,_
06/12rA20
REAL ESTATE
04:02:47 PM
TAMMY THEUSCH BEASLEY
REGISTER OF DEEM EXTX $16500.00
BY. ANDREA CRESWELL
DEED
R03300-001-067-000;
R03300-001-072-000;
R03300-001-077-000;
R03300-001-082.000;
R03300-001-117-000;
R03300-001-122-000;
R03300-001-127-000;
R03300-001-110-000;
R03300-001-115-000;
R03300-001-103-000;
R03300-001-108-000;
R03300-001-092-000;
R03300-001-097-000;
R03300-001-068-000;
R03300-001-073-000;
R03300-001-078-000;
R03300-001-083-000;
R03300-001-118-000;
R03300-001-123-000;
R03300-001-128-000;
R03300-001-111-000;
R03300-001-099-000;
R03300-001-104-000;
R03300-001-088-000;
R03300-001-093-000;
R03300-001-098-000;
ELECTRONICALLY REODRDED
R03300-001-069-000;
R03300-001-074-000;
R03300-001-079-000;
R03300-001-084-000;
R03300-001-119-000;
R03300-001-124-000;
R03300-001-129-000;
R03300-001-112-000;
R03300-001-100-000;
R03300-001-105-000;
R03300-001-089-000;
R03300-001-094-000;
R03300-001-086-000;
Revenue Stamps: $16,500.00
❑ If checked, the property includes the primary residence of at least one of the parties
depicted as party of the first part. (N.C. Gen. Stat. § 105-317.2)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS DEED, made and entered into this the Qi"day of N`ky 2020 by and
between CLEARLY DEVELOPMENT, INC., a North Carolina corporation, party of the first
part (the address of the party of the first part is: 100 Carolina Plantation Blvd., Jacksonville,
NC 285461; and D. R. HORTON, INC., a Delaware corporation, party of the second part (the
address of the parry of the second part is: 4049 Belle Terre Blvd., Myrtle Beach, SC 295791.
Prepared by Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New
Bern, NC 28563-0867
Please return to
No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on
title from Ward and Smith, P.A.'
submitted electronically by "Bagwell Holt smith P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.
D-R•HORMN®
Enc (O-sew
Cufr2r.�- STorw.wo.%-r" Pef�,.�i
�,r
www.drhorton.com/wi mingt n �� �
Book 6310 Page 2550
WITNESSETH:
That the party of the first part inconsideration of the sum of Ten and No/ 100 Dollars
($10.00) and other good and valuable considerations to said party paid by the party of the second
part, the receipt and sufficiency of which hereby is acknowledged, has bargained and sold and by
these presents does bargain, sell and convey unto the party of the second part, said party's
successors and assigns, subject to the matters hereinafter set forth, and subject to the restrictive
covenants set forth herein, the following described property, to wit:
All those certain tracts or parcels of land lying and being situate in
Cape Fear Township, New Hanover County, North Carolina, and
being more particularly described as follows:
1. PARCEL ONE:
Cannendnp d Ne wMV Nab Qu*m Deodefo NOnumtnt W wM NAD 83 wwdlndN of
N = 19744790 and E e 2376M.O and mmhp N O6. Od 5r W 5MR 10 m eoddlap km and h
fin Wesbm 100'rip1d4 4" of U.S. W I N.C.1331 Cole Heyne Road at to Nafmad wwr
of do E&M L Emle, Jr. property so movM h Deed Book 1247 Poe 3351n be New 14nover
Co&4 Publle RgWy. TWW vdh Ne NWOWM pop" W of 80 Emb properly end MWW
8 or 26 1r W ism b an exisov Yon rod at be Noftm inner d Eden L En* Jr.
properly m reoa I to Deed Book 2MS Poe 1237, Rmoe Wth fxa Edwin L Em b, t. Nonhem
pmperQ, iw end mmYp S 81. 4510' W 294.W b m ad*q km and d fim Nwbud =mr d
Ed& L SwIB, Jr. m mmWed In Dmd Book 1493 Pape 1788 Thsia a1h aeb Wthem papeA
&W of mb Edwh L Eft Jr. ad rm W 8 81. 45' IV W 266 W to pokt d fb Saierad
comer d VOVdilia Pbn m minded ki Deed Book 181E Poe 1480. field ►an and bdV be
p1m aM p*d of beghft
1) nmam oonhwv id add E&A 1. Emk t Norlwn popmty fine erd MWW 8 61a 4B
W W MAT to m a6ft Ym pye at NO E&M L Emb MWIMO bin oormr m
mbronaod above.
2) Thence wM fx, NaMwwn pap t Yrw of Ed* L Emb. h. m minded In Deed Book 1247
Pepe 335 aM mift 6 61- W 10- W 2232f8' O aft am wMV kan pipet at 773W
eM 1573 811 b m mledo km pkm
3) Thake OM*AV Wth cab Not= propel Die and maMap 6 OV W Ir W 12MI'
1pmakg over a6ft Yon plpm at 1 t086' end 911211 to an ahfna kon *a d to wipe of
he an mamfi.
4) Tbamnn-ftNIVW21-W517WbaneaUpkmplpe.
5) Thence n N N Zr 27 5r W 17419 b m mftq Yon pbe at be SaudmesMm maer d
TAomm P. 8 Rebeace N. Wbwbw popery as m o 1, n Deed Book 1062 Poe W?.
th Tbmm VA to Thomm P, 8 Rekem N WWM 80mm PC" 1no and nmriry N 81'
a W E 2270 V (pmrkip over exbdo km plpm d 116197 eM IM5 Wend 1=92 end
154D.3S wd 1tS W eed 17MM ad 18MX wd 199.33) b an wAft ken pkm d to
SouhaeN eorrwr dAmb Mae one WWM m noord. In Deed Book 1153 Pape 791
1141Pow PPlawGwkn2mmoadadhkhpBmkIPap 42 ���toaaerdlal
Book 6310 Page 2551
q TAera wlh EN BadNm popeq rm of Moms PWo BBdw 2 and nmetq N 81' IG 3r E
1269 BB' (psnN ww rddW kon plead 110.91' ad 333,W wd a41.T aed 885.Bfi' eed
1/T7.19) b e print d Od Naaaat wooer d Trad V m reooeded N Mep Bade 32 Pape
218.
9) TMrca Mth 9w Eedmtt properly Ilu o1 uld Tmd V and Oro EasMm pmpwV Ire d Tracb
Ifend Dmtge Eamwf a spaded in bop Boat 32 Page 239 wM 1 wft 3 V 61'
21' E Mir b the Owe wd pdtd dBepMag.
Gmt*Yp 5M Aaa wd WN a peraw d the pro" of MW*bom Pion as alermtoed M
Deed Book 1592 Pape 934 and Deed Book 1610 Pape 108 aed Deed Boot 1613 Page ON.
2. PARCEL TWO:
t� dE + 7L�Rt7 aE adr N 7�M al�tOleaf b�Jelp � r��e d p
•abaMattr d p fa! L 8ab. a. ptmtp rmtbl b Onne Mad W Pape atlb to Ma
1lwttawta4�Paw Ntwtal' edeba pobWapplten atlpoldbtpine�
11 ?boat MtiMt a tr or or E aasr b a "" tw po a p wabta e d lal t
Odeaf aaa Pw l a nwdta b lrtaatla Pot ao
L 11am gmfd to d Caa eft naa Put I mrabatpaore►wica
wd NdLMWd
OWtf AeaM t
� ratty.mpMaMep�rybadOdtb►AaetPaerttwNebaq aadiehp to
adb*W aneNE$rWWw V%VbaeMotoNUdpaftdtoadaMwa
Edtp b ta Nabs papa` be d RAW JL A. ed 806 a MOM a atwdd b oae W
tanpoplu.
q Tbttaawp40dadMwh as tmdN M W W trw V4FTbrawtabatp.
a) tMaeedeipwlT�Y'wttaQbaoMaObapptbpeslwloararM la
pVN ftbon RmPepal/ rdadteb MaWto3Zhen7A
q Tlm ash be ettdwa Popp d d a*Mw NO ad waft N ep O Ir E tfle ar
a tdNew"" ba pond MM ad t1am% a ad" bw Ppa
n Arrow aeeMMa M at' 4117E tali onft a cd" ben Pta d a" ad twat
b aaa km pp►
W Tlmrba"Nall'tyabanPlm Ueda pop" We adaa4 e071P ET E fW ba
tabapo.
W ?bm autaN or lt' 9' E w 4r b pops ad pdddbtpyap
WYtg a12 as adbdo a pep d p pW"d BMN L pR Jr. a tawdnd b DW aaa
tiro Peat e9, ad mwettb t41P1p o m
Hook 6310 Page 2552
Together with and =Wed to a uratua , divisible and pepthad owemenl aM right of way over
and attar die Mowing doombed roar popety Pot inarm otpu and region:
Commencing at the exieft North Otro ins Oeodebc Monument 'Ede with NAD 83
eooulloates of N.191147.80 and R - 2323974.13 and rambS N 30. 21' 23" W 60AC to on
aleWtg iron rod at the Nortbead armor of mo Edwin L Bois, It. property as raord, in Deed
Boot 2293 Page 1237le the New tienovtt County AIbBo Regtatry. Said iron rod bcin8 Bun phoo
end point of booming.
l) Thence with Poe Eeeeern property Ran of add Ba is trail 9 Or 23' 17' B IOW to a point.
2) Thom running 88164T10`W820.72bapoint
3) 7bumrowdnt;N08014'23'W100toaamnon pkw
4) Thonoo running N 81a 45'10v B 82LV to the place and point ofbeomiog.
Costal uog 8212 Square Pcd and bring a portion of the poporly of Bdwin L Brow Jr, as
Ieaor', In Deed Book 1247 Page 335, teed Book 1493 Page Mt. and Dad Book 2893 Page
1237.
It is the duty, obligation and requirement of the party of the second
part to maintain, repair and replace, from time to time, all
improvements made to said real estate for said ingress, egress and
regress purposes. This easement for (a) to install, inspect and
maintain pipes, lines and conduits for standard public utility
purposes, and (b) for ingress, egress and regress to give pedestrian
and vehicular access to and from the real estate described in Exhibit
A to the document recorded in Book 5813, Page 201 from and to the
real estate described in Exhibit C to said document, which leads to
and intersects with U.S. Highway 117, known as the Castle Hayne
Highway.
4. PARCEL FOUR:
Together wMt mW rAVed to a moral, dWWWA end papOW awnwot end a& of way ova
and eaom the Moving dambed rev property tbrkWm epee and tegrae:
Commencing at the eridt )Nor Corals Oanddb bfi= a 'Rrie wt& NAD IO
werdizatm ofN-197147AC and 11-2325974.13 and ring N Or W 51e W 5" to an
awfin iran rod in flee Worm [Wdg "Xmy ofUB. 1171 KC. 1331 Ce" Heynm Rail at
the Nordmat ooroa of the Edwin L Beni, Jr. proprV a raveled in Deod Book 1247 P.p 335
in the Nw Nanovm County Publicitegirty. 9aW irenrod adeg the p1m and prim of
1) Throw with tdd Wad®1Wrkgb-oRwmV S Or 33' 3s a 1OAra a paint
2) Throw lavlog a W Worlo a 107 dodaGway end n®Ing 3 W 29 IP W 249.1" a
poW in the Butem pmpmtyof 8dwm L Rtnle, )r, a marled In Dead Book 2993 hp
1237.
3) Thmea wild said Baaem property lhm ad rumen N 02' V IT W 1WV to an existing
iron rod
4) nano rmobtg N or 25' jr 8249AY to me plea and pomp oftudnumg
CoofthmS 2491 Sgmo Fed and mieg a potent of We po9aty of Bdwm L genie, Ix, a
recorded to Dad Book 1247 Pep 315.
Book 6310 Page 2553
This easement is also granted for the purpose of the party of the
second, part's installation within the boundaries of said
easement any and all subterranean pipes, lines conduits or other
subterranean apparatuses and equipment necessary for
providing public utility services to the real property described
on Exhibit A to the document recorded in Book 5813, Page 201
so long as such installation or such subterranean pipes, lines,
conduits or other subterranean apparatuses or equipment do not
in any way interim with or in any way limit the use of said
property by the owner, tenant or guest or invitee of the
McDonald's Restaurant tract adjacent to said property._
5. PARCEL FIVE : Although included in Parcels One, Two,
Three and Four set forth above, this conveyance includes all of
Lots I through 19, inclusive, Lots 53 through 74, inclusive,
Lots 79 through 88, inclusive, and Lots 121 through 133,
inclusive, and all roads, streets and open spaces as shown on
the map entitled "RIVERSIDE, PHASE 1" by Parker &
Associates, Inc., dated September 20, 2019, of record in Plat
Book 67, Pages 149 through 151, inclusive ("Recorded Map").
6. EASEMENT: Parcels One, Two, Three, Four and Five are
conveyed together with and subject to 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 Riverside
Drive, Tributary Circle, Sandy Banks Lane, and Beaver Dam
Lane as said streets are depicted on the Recorded Map and that
portion of Riverside Drive in the width of and in the location
shown on the map entitled "Recombination Plat for Riverside
Development" recorded in Map Book 53, Pages 346 and 347,
and described in that instrument recorded in Book 5133 Page
626. In accepting this deed, the party of the second part, for
itself and its successors and assigns, as a portion of the
consideration for this conveyance, assumes and agrees to
perform all of the obligations of the party of the first part with
respect to the maintenance and repair of the pavement and
improvements in the aforesaid easement as said obligations are
set forth in Paragraph 10 of this description and in the
easement recorded in Book 5133, Page 626.
7. EASEMENT: The property herein described and conveyed is
conveyed together with and subject to those easements and
rights of way appurtenant to Parcels One, Two, Three, Four
and Five for ingress, egress, and regress, as described in that
instrument recorded in Book 5133, Page 615.
5
Book 6310 Page 2554
8. EASEMENT: The property herein described and conveyed is .
conveyed together with and subject to any easement(s)
appurtenant to Parcels One, Two, Three, Four 'and Five
described in those instruments recorded in Book 1610, Page
1905, Book 1624, Page 739, Book 1791, Page 919 and
described on the Recorded Map and in the Plans and
Specifications for Riverside Subdivision attached to the Third
Amendment to Purchase Agreement between the parry of the
first part and the party of the second part dated April 27, 2020
("Plans and Specifications").
9. RETAINED PROPERTY: The party of the first part saves,
excepts, reserves and retains from the property herein
conveyed the tract depicted as "Reserved by Owner — 10.86
Acres" on the Recorded Map ("Seller's Retained Property").
10. RETAINED EASEMENTS: The party of the first part, for
itself and its successors and assigns in the ownership of Seller's
Retained Property as depicted on the Recorded Map and as
described in Paragraph 9 above, and as a benefit to Seller's
Retained Property, saves, excepts, reserves and retains the
following:
a. 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 Riverside Drive to and from the western
property line of the Seller's Retained Property to and from
the western right of way line of N.C. Highway No. 133 of
the width and in the location of Riverside Drive shown and
delineated on the Recorded Map, and of the width and in
the location of Riverside Drive described by the map
entitled "Recombination Plat for Riverside Development"
recorded in Map Book 53, Page 346s and 347. The
easement is further described in the Right of Way, Sewer
and Stormwater Easement and Temporary Construction
Easement recorded in Book 5133, Page 626. In accepting
this deed, as part of the consideration for this conveyance,
the parry of the second part, on behalf of itself and its
successors and assigns in the ownership of the property
herein conveyed agrees, at its sole cost and expense, from
time -to -time as needed, to maintain and repair the
pavement and improvements in Riverside Drive from the
western right of way line of N.C. Highway No. 133
westwardly to the western property line of Seller's Retained
Property in the condition of a first class subdivision
entrance street and in a condition necessary for the
acceptance of Riverside Drive by the North Carolina
6
Hook 6310 Page 2555
Department of Transportation or other public authority for
public maintenance; and,
b. a non-exclusive, perpetual easement upon, over all of the
streets and roads in existence or proposed in the Plans and
Specifications and the Recorded Map, and over all drainage
easements, utility easements, common areas, and open
spaces as depicted on the Recorded Map, including, but not
limited to, all streets (including, but not limited to,
Riverside Drive, Tributary Circle, Sandy Banks Lane and
Beaver Dam Lane), open spaces and drainage and utility
easements and as depicted on the Plans and Specifications
for the purposes of the installation, maintenance and repair
of all utility lines and pipes from time -to -time located on
the property herein described and conveyed and in
Riverside Drive, and which transmit or are designed to
transmit utilities to Seller's Retained Property across the
property herein described and conveyed, and in and over
Riverside Drive; and,
c. a non-exclusive, perpetual easement for the purposes of
stormwater retention and detention over the area depicted
as "Open Space #4" as shown on the Recorded Map and the
right to install, maintain and repair stormwater lines and
pipes and other necessary utilities from the stormwater
pond located in Open Space #4 to and from Seller's
Retained Property across Open Space #4 and Riverside
Drive, together with the drainage and utility easements
shown on the Recorded Map. In accepting this deed, as
part of the consideration for this conveyance, the party of
the second part, for itself and its successors and assigns in
the ownership of the property herein described and
conveyed assumes and agrees to perform all of the
obligations necessary to provide stormwater retention and
detention to all of the property herein described and
conveyed, to Seller's Retained Property and to all of the
property to be benefrtted by, or designated as beneficiaries
of, the stormwater obligations set forth in the Right of Way,
Sewer and Stormwater Easement and Temporary
Construction Easement recorded in Book 5133, Page 626
all of which are third party beneficiaries of the obligations
set forth herein, and the obligation to have the existing
stormwater permit, namely, Stormwater Permit No. SW8
081209, transferred from the name of the party of the first
part to the name of the party of the second part within sixty
(60) days after the date this deed is recorded; to perform the
obligations of the party of the first part set forth in that
stormwater permit; and to operate and maintain the
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Book 6310 Page 2556
stormwater pond and stormwater detention and retention
devices existing or required to provide stormwater
discharge to the benefitted properties set forth above.
11. The aforesaid property is conveyed subject to the
following:
a. Matters set forth on the Recorded Map.
b. Deed of Easement recorded in Book 1791, Page 919, as
amended in Book 5609, Page 1392.
c. Coastal Area Management regulations and setbacks.
d. Rights of way to 'ride Water Power Company recorded in
Book 446,page 257.
e. Covenant not to compete in favor of McDonalds
Corporation recorded in Book 1796, Page 329.
f. Terms, provisions, options, right of first refusal, covenants,
conditions, restrictions, easements, charges, assessments,
and liens provided for in instruments recorded in Book
1610, Page 1905 and amended in Book 1624, Page 739,
Book 5133, Page 626 and Book 5734, Page 2065, and as
amended by the Recorded Map.
g. Restrictive Covenants set forth in the Deed from
Wrightsboro Plaza to David B. Benford recorded in Book
5133, Page 622.
h. Easement and Conveyance to Cape Fear Public Utility
Authority recorded in Book 6249, Page 2117.
i. Intentionally omitted.
j. Boundary Agreement recorded in Book 1005, Page 506.
k. Easement to Duke Energy Progress, Inc. recorded in
Book 5915, Page 549.
I. Rights of Way to Carolina Power & Light Company
recorded in Book 1500, Page 1529, Book 526, Page 165,
Book 526, Page 166, Book 526, Page 168, Book 526, Page
169, as modified by Book 877, Page 89, Book 877, Page
92, Book 877, Page 98, Book 877, Page 101, Book 877,
Page 110, Book 877, Page 116 and Book 589, Page 418.
in. Clearance Permit and Easement to Southern Bell
Telephone & Telegraph Company recorded in Book 427,
Page 368.
n. General Permits and Easements to Southern Bell Telephone
& Telegraph Company recorded in Book 143, Page 374
and Book 143, Page 373.
8
Book 6310 Page 2557
o., Easement recorded in Book 5133, Page 615.
p. Ad valorem taxes for the current year, which taxes the
party of the second part, by accepting this deed, agrees to
Pay.
12. Except for matters which the purchase agreement between the
parties dated December 17, 2019, as amended by First
Amendment to Property Purchase Agreement dated January 17,
2020, Second Amendment to Property Purchase Agreement
dated March 31, 2020 and Third Amendment to Property
Purchase Agreement dated April 27, 2020, specifically state
survive closing, the property is conveyed as is, where is with
all faults.
13. References herein to the Books and Pages and Plat Books and
Pages are to instruments recorded in the office of the Register
of Deeds of New Hanover County.
14. RESTRICTIVE COVENANT: Until such time as the Note
and Deed of Trust from the party of the second part to the party
of the first part and to Waslaw, LLC, Trustee for the benefit of
the party of the first part dated and recorded on or about even
date herewith to the party of the first pan are satisfied, all of the
property conveyed by this Deed (whether or not encumbered
by the Deed of Trust) shall be used, developed and constructed
upon only for single family residential purposes with related
amenities, and in accordance with the Plans and Specifications
identified in the Property Purchase Agreement described in
Paragraph 12 hereof, as amended ("Plans and Specifications"),
and the Recorded Map, and only with lot sizes, lot dimensions,
access and utility easement locations and stormwater retention
and detention functions and locations as depicted on the Plans
and Specifications and the Recorded Map. This restrictive
covenant benefits the party of the first part and its successors
and assigns in the ownership of the Note.
15. TRAFFIC SIGNAL: In accepting this deed, the party of the
second part, for itself and its successors and assigns, as a
portion of the consideration for this conveyance, assumes and
agrees to perform all of the obligations of the party of the first
part with respect to the substantial completion of the
construction of the traffic signal referenced in Section 37(b) of
the Property Purchase Agreement described in Paragraph 12
hereof on or prior to the date which is eleven (11) months after
the date this Deed is recorded. This obligation shall
automatically terminate once the Note and Deed of Trust from
the party of the second part to the party of the first part and to
Waslaw, LLC, Trustee for the benefit of the party of the first
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Book 6310 Page 2558
part dated and recorded on or about even date herewith.to the
party of the first part are satisfied.
16. ENTRANCE FEATURE: In accepting this deed, the party of
the second part, for itself and its successors and assigns, as.a
portion of the consideration for this conveyance, assumes and
agrees to perform all of the obligations of the party of the first
part with respect to the substantial completion of the
construction of the entrance feature referenced in Section 18 of
the Property Purchase Agreement described in Paragraph 12
hereof on or prior to the date which is six (6) months after the
date this Deed is recorded. This obligation shall automatically
terminate once the Note and Deed of Trust from the party of
the second part to the party of the first part and to Waslaw,
LLC, Trustee for the benefit of the party of the first part dated
and recorded on or about even date herewith to the party of the
first part are satisfied.
TO HAVE AND TO HOLD said property and all privileges and appurtenances
thereunto belonging to the patty of the second part, said party's successors and assigns forever,
except as reserved and retained herein by the party of the first part for itself and its successors
and assigns.
And the party of the first part covenants that said parry is seized of said property
in fee and has the right to convey same in fee simple; that the same is free from encumbrances
except any encumbrances or restrictions mentioned above and that said party will warrant and
defend the title to the same against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the party of the first part and the party of the
second part have caused this instrument to be executed in such form as to be binding, this the day
and year first above written.
(SIGNATURE PAGES FOLLOW)
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Book 6310 Page 2559
CLEARY DE LOPMENT, INC. o (SEAL)
By:
Anthony W. S des, Presid t
STATE OF NORTH CAROLINA
COUNTY OF OV?SIOW
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: Anthony W. Sydes.
Date: ot, c)-b a 0 l�
S' atur of Notary Public
Lea P aUIVi 1i
Notary's printed or typed fiame
My commission expires: F>( O 1 -3
(Official
NpTARy
pl1BUG
Notary seal or stamp must appear within this box.
Book 6310 Page 2560
D. R. HORTON, INC. (SEAL)
Name:
Title:
Dryrsf&N
,cet
STATE OF S _
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that a he signed the fore oing document for
they purpose s) stated therein, in the capacity
indicated therein:��nv� 1� �'l d i �l
Date: 1� U -0 a V
Notary's printed or typed name
My commission expires: �" )-)," a'U )-t
(Oicial Seal)
et�OTARJ•;
Notary seal or stamp must appear within this box.
ND: 4812-8210.1431, v. 2
13
:i MARCH
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2026