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HomeMy WebLinkAbout20070776 Ver 1_More Info Received_20071120I1~ W~ETxiM November 19, 2007 401 Oversite/Bxpress Review Permitting Unit NCDENR -Division of Water Quality Parkview Building 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 Attention: Ms. Cyndi B. Karoly, Supervisor Re: DWQ EXP No. 07-0776v2 Waynesville Commons, Haywood County Dear Ms. Kazoly: ~x~~o~- o~~c~ V2 0 ~~~~~~ r+ov ;c ~ 2007 i)~Nit - WAl'ER GlilALiTY 1NETtANDS AND STORMt~AT~R BRANCH Thank you for allowing us additional time for preparation of this re-submittal. On behalf of Cedarwood Development, enclosed for your further review please find two copies of the following: 1. New supplements for Bioretention Cell, Sand Filter, Grassed Swale, Infiltration Trench 2. Signed and Notarized Infiltration Trench Inspection and Maintenance Agreement 3. Revised Drainage Area Summary -Table 1 4. Revised Water Management Summary -Table 8 5. Revised Pollutant Composition and Concentration -Table 7 6. Revised Required Volumes to be Controlled -Table 3 7. Revised Express Review Application 8. Revised Drainage Area Map (Map 2) 9. In-Situ Hydraulic Conductivity Testing Report 10. Revised HydroCAD storm water calculations 11. Restriction Agreement and Grant of Easements (REA) 12. Revised Site Construction Plans a. C-1.0 Site Plan b. C-2.0 and C-2.1 Grading Plans a C-3.0 and C-3.1 Utility Plans d. C-3.3 and C-3.3a Storm Sewer Profiles e. C-3.6 Utility Details f. C-3.8 Sand Filter Plan and Details As indicated on the previously submitted plan `Existing Topography' Sheet C-0.2, neazly the entire site was developed with industrial buildings, pavement, and related facilities. No storm water management or treatment systems existed for the previous use. The site is classified as a Brownfield with a recorded plat and restrictions. Remediation has been completed in accordance with the Brownfield program requirements. The proposed redevelopment will remove structures and pavement from the trout buffer and re- establish the trout buffer, eliminate sources of contamination, reclaim abandoned property within the Town of Waynesville serving a vital economic roll, add over 3001azge maturing shade trees for parking lot shade, reduce overall impervious surfaces, reduce pollutant loading on the adjacent streams, and reduce the thermal impacts from storm water on the adjacent trout waters. Wade Trim, Inc. 828.687.9500 Two Town Square Boulevard 828.687.4090 fax Suite 245 www.wadetrim.com Asheville, NC 28803 a•~~~•~~-~e>•:a~~l~rRii-~~1~~~~i7~~!~~i711-~•71~~t• - • •7>•~~~Pti>• Page 2 Ms. Cyndi B. Kazoly November 19, 2007 We have revised the PCN form to include the title of the applicant. As indicated by the previously forwazded material, the proposed site was previously designed and permitted through the Town of Waynesville. In the fall of 2004, the Town of Waynesville applied for a general permit for storm water dischazges. A draft permit has been issued, NCS000501, with comments accepted until March 25, 2005. The Town of Waynesville reviews all projects within its jurisdiction for storm water compliance and issues a Grading Permit once the requirements of their Land Development Standazds are satisfied. Additionally, the Town requires a signed and recorded'Declaration of Covenants for Stormwater Management/Facilities Maintenance' prior to issuing a certificate of occupancy. These covenants ensure continued operation and maintenance of storm water facilities. Based on the comments received in your November 9, 2007 letter and guidelines of the BMP manual, we have revised our approach to the storm water management system. The drainage areas contributing to the two sand filters have been redirected so they are less than five acres. The drainage azea to the bioretention basin has been revised to under five acres. The Extended Dry Detention Basin has now taken a secondary role, as the storm pipes draining to the basin have been converted to infiltration trenches. Bioretention Basin C and Grass Swale A The drainage area for Grass Swale A remains unchanged. The Swale has been adjusted so the side slopes are 5:1 for a pollutant credit. Details of the swale are provided on plan sheet C-3.8. T'he conveyance Swale ultimately drains to bioretention basin C through an over flow standpipe. The drainage area for Bioretention Basin C has been revised and is smaller. With the drainage azea defined, the basin has been resized and made larger for a maximum of 12-inches of ponding. Excess storm water will pass through the outlet structure. A depressed forebay and rip-rap protection is provided at the inlet to the basin. Soil permeability as defined by the specifications, geotechnical report, and in-situ hydraulic conductivity tests eliminates the need for underdrains. Sand Filter A The drainage area has been reduced to less than five acres. Three pre-cast sediment chambers will be installed upstream of the sand filter. A 24-inch flow splitter/by pass will be connected to the last sediment chamber allowing excess flow to bypass the sand filter. The sand filter azea has been reduced to accommodate the smaller contributing area. Sand Filter B Additional area is draining to this area and the sand filter has been increased to accommodate the flow. Two pre-cast sediment chambers will be installed upstream of the sand filter. Flow splitting will be accomplished in the structures. Page 3 Ms. Cyndi Karoly November 19, 2007 Infiltration Trenches The Home Depot parking lot and roof has been separated and converted to infiltration trenches. The proposed storm pipes will be perforated and installed in stone trenches. Control of the treatment volume will be by removable baflles/weirs installed in the last structure in the pipe system. Both infiltration trenches will dischazge through the extended dry detention basin (dry pond) as per the original design. However, the extended dry detention basin is not the primary means for obtaining the 85-30-30 rule. The extended dry detention basin will provide additional treatment above and beyond the infiltration trenches. We have included a copy of the in-situ hydraulic conductivity report as the basis for our infiltration rate. For the hydraulic conductivity test, four pits were tested and the lowest value was used in our design. The tests were not conducted in the exact locations of our infiltration trenches due to physical constraints at the time of testing. However, extensive soil borings conducted for the site indicate similaz soils in the area of the infiltration trenches. Wal-Mart Roof Drainage patterns for the Wal-Mart roof remain unchanged. Atmospheric deposition maps for the United States during the period of 1985 to 2005 show a decrease in inorganic nitrogen, sulfate, and nitrate. Additionally, pollutant loadings from collected rain water is regionalized, meaning that rain water in certain parts of the country is higher in pollutants than other areas. Western North Carolina is generally categorized as an azea with low pollutants resultant of atmospheric deposition through rain water. The proposed roof for Wal-Mart will consist of a white colored EPDM membrane. White roofs are, on average, up to 70 degrees cooler than dark colored roofs therefore reducing temperature pollution of dischazged storm water. Additionally, membrane roofs do not contain or leach contaminates associated with metal or older, traditional built up roof systems. The BMP manual does not give credit for installation of a rooftop runoff management system. No credit is given for removal of TSS, nitrogen, or phosphorus. Credit is given for water quantity where peak attenuation or volume capture is possible. Since this site is pre-developed and the storm water management system design for the re-development is not directly intentioned for attenuation or volume, design of a BMP to treat storm water runoff from the Wal-Mart roof is not feasible with respect to cost, area limitations, and goals of the suggested BMP. Temperature pollution of the rooftop runoff is a concern. With installation of a white roof, the intent of the BMP is accomplished by reducing heat island effects. Considering the above, we respectively request acknowledgment that a white roof satisfies the goals of the rooftop runoff management BMP and additional treatment is not required. We have attached a storm water summary table to represent our summary of the storm water management system for the site. Based on our calculations, the runoff from a 10-yeaz storm event will be reduced from 221.83 cfs to 137.82 cfs. The runoff from a 100-yeaz storm event will be reduced from 344.67 cfs to 256.27 cfs. We have also estimated the reduction in pollutant loadings on the adjacent streams. Currently we estimate that the pre~eveloped site is Page 4 Ms. Cyndi Karoly November 19, 2007 contributing approximately 8,600 pounds of pollutants to the adjacent streams every year. With the proposed BMP's, we estimate that this pollutant loading will be reduced to approximately 3,700 pounds per year. Our calculations are extremely conservative since we considered the Wal- Mart roof as a typical impervious surface while the roof essentially conveys collected storm water. The pollutants conveyed from the Wal-Mart roof will be directly related to the pollutants collected from atmospheric deposition, a factor that we have no control. We have attached a copy of the Restriction Agreement and Grant of Easements (REA) for this project. This agreement will be executed by Wal-Mart, Home Depot, and developer of the property. The REA will be recorded at the Register of Deeds for Haywood County and establishes the common elements of the project and maintenance of the same. The REA assigns responsibilities for maintenance of common elements and states that all common elements are accessible to the other parties of the agreement. The REA will be executed and recorded at the register of deeds prior to occupancy of the buildings and operation of the storm water management system, allowing access and maintenance to all storm water management facilities. As previously mentioned, The Town will also require an executed Declaration of Covenants providing an additional layer of maintenance requirements/oversight. Together, combined with the executed State forms far maintenance and inspection, the applicant ensures that suitable and acceptable provisions are in place for continued maintenance and inspection of the storm water management facilities, precluding the need for separate deeded maintenance and access easements. We trust that the above information and attachments meets the requirements for certification. If you have any questions during your review, please contact us at 828.687.9500. Sincerely, WADE TRIM, INC. Charles J. Chri ; PE Associate cjc CDW2009-O1 E wteim:projectwise\Documents\I.a~ Developme~~ProjectslCdw2009101e~Docs~.St~m WaterlState 4(111Response 2007-11-19.~c cc: Ms. Tracy Wahl, NCDEQ Brownfield Program, (enc) Mr. David Scarnati, Cedarwood Development, Inc. ~xP'~~-o~~~vZ S&ME October 27, 2006 Cedarwood Development, Inc. 1765 Merriman Road Akron, Ohio 44313 Attention: Mr. Gary O'Nesti Reference: In-Situ Hydraulic Conductivity Testing Report Waynesville Town Center Project Haywood County, North Carolina S&ME Project No. 1411-06-075 Dear Mr, O'Nesti: NOV ~ G 2QQT U~N~ - war>k c~u~urv ~rr~aNOS ~m srort!~Unrc~ S&ME is pleased to submit this report for in-situ hydraulic conductivity (Ksat) testing in association with the construction of the Waynesville Town Center Project located at Waynesville, North Carolina. This work was performed in general accordance with our proposal No, ENG-077-06 Addendum 1 (Revised) dated October 23, 2006. The Ksat testing was conducted to evaluate the saturated hydraulic conductivity of four approximate locations selected by Wade Trim. The attached report summarizes the procedures used, analytical results, and test results. Should you have any questions or comments about this report please feel free to contact S&ME at (800) 849-2985, Sincerely, S&M ,Inc. Jacob Presl Project ProfessionaUAgronomist SR/RPW 4~ Gr1 cRob Willcox, L.S.S. Natural Resources Department Manager S&ME, INC. / 3718 Old Battleground Road /Greensboro, NC 27410 / p 336.288.7180 t 336.288.8980 / www.smeinc,com In-Situ Hydraulic Conductivity Report S&ME Project No. 1411-06-075 Waynesville Town Center -Haywood County, NC October 27, 2006 1.0 BACKGROUND INFORMATION S&ME, Inc. (S&11rIE) has been contracted by Cedarwood Development, Inc. to perform in-situ hydraulic conductivity (Ksat) testing on four locations in association with construction of the Waynesville Town Center Project. The site evaluated is located at the northeast corner of the intersection of United States Highway 23 and Hyatt Creek Road (State Road 1164) in Haywood County, North Carolina (Figure 1). 2.0 Ksat TESTING S&ME personnel conducted in-situ saturated hydraulic conductivity tests at four locations for the proposed Waynesville Town Center Project property on October 24, 2006. The approximate field test locations were selected by Wade Trim and documented using anon-survey quality sub- meter Global Positioning System (GPS). Base neaps were generated using shapefiles, and raster images from the following sources: North Carolina Department of Transportation (NCDOT) (Figure 1), United States Geological Survey (USGS) topography information (Figure 2), and WadeTrim (Figure 3). In-situ saturated hydraulic conductivity (Ksat) measurements were performed with a compact constant head permeameter (cchp) at the four locations (Figure 3). Proposed designations of the locations evaluated are P-1, P-2, P-3, and P-4. It should be noted that in order for the in-situ saturated hydraulic conductivity tests to be performed at the four designated locations pits were dug to depths of approximately 8.5 feet at P~1, 7.0 feet at P-2, 11.5 feet at P-3, and 11.5 feet at P-4 below ground surface (bgs). It should also be noted that an apparent water table was observed at approximately 8.5 feet (bgs) at P-1, and 11.5 feet (bgs) at P-3: The in-situ saturated hydraulic conductivity measurements were performed at the approximate depths shown in Table 1. In-Situ Hydraulic Conductivity Report S&ME Project No. 1411-06-075 Waynesville Town Center -Haywood County, NC October 27, 2006 3.0 TEST RESULTS The in-situ saturated hydraulic conductivity values were calculated based on field measurements using the Glover Equation. Saturated hydraulic conductivity measurements ranged from 70.53 to 529.02 gallons per day per square foot (gpd/~). Table 1 below summarizes hydraulic conductivity measurements for each location, including the Location, depth, hydraulic conductivity method used, and conductivity measurement of each location. Table 1: Hydraulic Conductivity Measurements Conductivity Approximate Metl~od Hydraulic Conductivity No. Depth gpd/ft~ in/hour P-1 7.25 ft. In-Situ (cchp) 136.26 9.11 P-2 7.0 ft. In-Situ (cchp) 302.28 20.21 P-3 10.5 ft. In-Situ (cchp) 70.53 4.71 P-4 11.5 ft. In-Situ (cchp) 529.02 35.36 Average 259.52 17.35 Attachments: Figure 1: Vicinity Map Figure 2: USGS Topography Figure 3: KSAT Location Map In-situ Saturated Hydraulic Conductivity Measurements 2 In-situ Saturated Hydraulic Conductivity Measurements S&ME "IN-SI'Ti7" CONSTANT HEAD PERMEAMETER Date: 10/24/2006 Location: P-1 Horizon: 7.25 ft-Large unconsolidated scone, gravelly sandy loam Client: Cedarwood Development, Inc. Project Name: Waynesville Town Center Project #: 1411-06-075 I{sat = CQ/(2PiH~ C = sinh"t (H/r) - [(r/H)2 + 1]~ + r/H Hole De the 0.75 Feat Hole Radios (r): 0.125 Feet Bubble Tube to Surface: 0.25 Feet Reference Tube to Hole Bottom 1.00 Feet Water De th in Hole 0.42 Feet CHT Tube(s) Setting (hil: 0.58 Feet Chamber Used: 0.11 • Ftz Initial Water In Hole: 0.42 Feet Final Water iu Hole: 0.42 Feet sinh'r =inverse hyperbolic sin of a number R =Height of water in hole {cm) r =radius of hole (cm) Q =Constant Flow Rate (GaUday) = Cross Sectional Area of Resevior x Length of Drop in Water Column over Time r = 0.125 ft Time Dmp in Water Column (ft) H = 0.42 8 -,-_ 0-5 nun. 0.623 Time (min) _ 5 - I O min. 0.591 C = 1.18 10 -'15 min. O.S91 Q ao 127.84 Gallons/Day 15 - 20 min. 0.574 20 - 25 min. 0.558 25 - 30 min. 0.525 30 - 35 min. 0.525 35 - 40 min. 0.525 Avg. 0.525 Cross Sectional Area = 0.11 ftZ Length of Drop in Water Column = 151.20 ft/day Ksat = 136.26 ~ Gallons/Day/ft2 Inches/Hour= 9.11 Note: I{sat calculations are based on average drop in Water Column (ft) after equilibrium is reached. Ptepnted try: S&ME, Inc. Martin Mabe 5 ttow mez5ttting cmtttant water ievr33- . x ~$ ` tAVFrc iai~roe S&ME "IN-SITU" CONSTANT HEAD PERMEAMETER Date: 10/24/2006 Location: P-2 Horizon: 7.0 ft-Large ~mconsolidated scone, gravelly loamy sand Client: Cedarwood Development, Inc. Project Name: Waynesville Town Center Project #: 1411-06-075 Hote De the 0.75 Feet Hole Radius (r): 0.166 Feet Bubble Tube to Surface: 0.25 Feet Reference Tube to Hole Bottom 1.00 Feet Water De tb in Hole 0.33 Feet CAT Tube(s) Setting (hil: 0.67 Feet Chamber Used: 0.11 ~ Ftz Ksat = CQJ(2PiH~ Initial Water in Hole: 0.33 Feet Final Water in Hole: 0.33 Feet C =Binh-` (H/r) - I(r/Ii)Z+ ljin+ r/H sinh'1=inverse hyperbolic sin of a number H =Height of water in hole (cm) r =radius of hole (em) Q =Constant Flow Rate (GaUday) = Cross Sectional Area of Resevior x Length of Drop in Water Column over Time r = 0.166 R Time Drop in Water Column (ft) H = 033 $ 0-5 min. 1.033 Tirne (min) = 5 5. 10 min. 1.033 C = 0.82 10 - 15 min. 1.033 Q = 251.53 Gallons/Day 15 - 20 min. 1.033 Avg. 1.033 Cross Sectional Area = 0.11 fl Length of Drop in W ater Column = 297.50 ft/aay Kaat = 302,Zg Gallons/Day/ft2 Inches/Hour= 20.21 Note: Ksaf calculations are based on average drop in Water Column (ft) after equilibrium is reached Prepacrd by: 38cME, Inc. MarCn Mabe 10/17/06 S&ME "IN-SITU" CONSTANT HEAD PERMEAMETER Date: 10/24/2006 Location: P-3 Horizon: to.s 8-Large unconsoliaaroa scone, gravely sandy loam Client: Cedarwood Development, Inc. Project Name: Waynesville Town Center Project #{: 1411-06-075 Hoie De th• 0.75 Feet Hote Radius (r): 0.166 Feet Bubble Tube to Surface: 0.25 Feet Reference Tube to Hole Bottom 1.00 Feet Water De th in Hole 0.42 Feet CHT Tube(s) Setting (h~: 0.58 Fcet Chamber Used• 0.11 ~ F~ I{sat = CQ/(2PiH~ Initial Water in Hole: 0.42 Fcet Final Water in Hole: 0.42 Feet C =sink-' (H/r) - [(r/H)Z + 1]'a + r/II Binh-' =inverse hyperbolic sin of a number H =Height of water in hole (cm) r =radius of hole (cm) Q =Constant Flow Rate (GaVaay) = Cross Sectional Area of Resevior x Length of Drop in Water Column over Time r = 0.166 ft H = 0.42 ft C = 0.98 Q = 79.87 Gailons/Day Cross Sectional Area = 0.11 ftZ Length of Drop in Water Column = 94.46 ft/day I~at = 70.53 Inches/Hour = 4.71 Gallons/Daylft2 Time Drop in Water Column ($) 0-5 min. 0.935 Time (mitt) _ 5 -10 min. 0.509 10 -15 min. 0.476 15 - 20 min. 0..361 20 - 25 min. 0.328 25 - 30 min. 0..328 30 - 35 min. 0.328 35 - 40 min. 0.328 Avg. 0.328 Note: ICsat calculations are based on average drop in Water Column (ft) after equilibrium is reached. Prepares by: S&ME, Inc. Martin Mabe 5 10/17/06 a nta~rne S&ME "IN-STILT" CONSTANT BEAD PERMEAMETER Date: 10/24/2006 Location: P-4 HoriZOn: 1 l.s ft-Large uncoasolidaud sWne, gravelly loamy sand Client: Cedarwood Development, Inc. Project Name: Waynesville Town Center Project #: 1411-06-07s Hole De the 0.75 Feet Hole Radius (r): 0.166 Feet Babble Tabe to Surface: 0.25 Feet Reference Tnbe to Hole Bottom 1.00 Feet Water De th in Hole 0.21 Feet CHT Tube(s) Setting (h~: 0.79 Feet Chamber Used: 0.11 ~ Ftz Ksat = CQ/(2piHzj Initial Water in Hole: 0.21 Feet Final Water in Hole: 0.21 Feet C = sinh'1(H/r) - [(r/H)1 + 1]''z + r/H sink-' =inverse hyperbolic sin of a number H = Height of water in hole (can) r =radius of hole (can) Q =Constant Flow Rate (GaUday) = Cross Sectional Area of Resevior x Length of Drop in Water Column over Time r = 0.166 ft Time Drop in Water Column (ft) H = 0.21 ft 0-s min. 1.083 Time (min) = 5 5 - 10 min. 1.099 C = 0.57 10 - 15 min. 1.001 Q = 252.99 Gallons/Day is - 20 min. 1.017 Avg. 1.039 Cross Sectional Area = 0.11 ft2 Length of Drop in Water Column = 299.23 ft/day I~at = 529.02 Gallons/Day/ft2 Inches/Hour = 35.36 Note: Ksat calculations are based on average drop in Water Column (ft) after equulibrinm is reached. Prepared bY: 3&ME, Inc. MarCn Mabe ton~io6 `N ~., Eraize .m$g~ ~_ .o~'~ ~ {~y Rued lit 1 P• .+ C '- '~/ ` Y ~ ~ RO&(1 St Rued I$Q9 ~ N L y y ~~~~ ~~ W ~~ ~ - °~ ,~ o~ ~~1 1 a - Zv i 1 ( 116 ~u~ ~~ $~ ~ SITE Micada2e ~~) 1 ~ ~ /~~ goad _ Chestnut Walk Lsource: Road sbapefiles provided by NCDOT Scale: 1 inch equals 1 mile Drawn b : JBP Reviewed b : 1tPW Date: October, 2006 Waynesville Town Center FIGURE Vicinity Map Haywood County, NC 1 L SERVICES • ENGINEERING • TESTING SBtME Project #1411-06-075 1. Ap 1 MV4M i A L source: Base roap providcd by WadeTrim Scale: ~ ~O~ Waynesville Town Center FIGURE ~yvn b ,Tgp IZsat Location Map Reviewed b RPW _-= Haywood county, NC 3 late; October, 2006 ENVIRONMENTAL SERVICES • ENGINEERING • TESTING S&ME Project #1411-06-075 OFFICE USE ONLY Date Received Fee Paid . Permit Nu m be r(s I '~ ^ V ~ ~ State of North Carolina Department of Environment and Natural Resources Division of Water Qaality 401/ Wetlands Unit EXPRESS REVIEW PROGRAM STORMWATER MANAGEMENT APPLICATION FORM This form may be photocopied for use as an original L GENERAL INFORMATION ~ 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project}: ~ ~ V ~ f 1 O O I WaVnP_RVi ~ 1 p ('.nmmnna RPtai 1 AacnCi atPa ~ LLC O~~LITY ~ETl.AND3 Ar•JD STOR!N~n,+ATER 9RANCH 2. Owner/Signing Official's name and title (person legally responsible for facility and compliance): - David A. Scarnati ~i2EG-~fL.. of /~c.rnn~ ~a~r~-r- 3. - Owner Mailing Address for person listed in item 2 above: 1765 Merriman Road City:_.Akron State: Ohio Zip: 44313 Phone Number: (330 1836-9971 Fax Number. (~ (i ) 564-8094 Email Addressdscarnati ced.arwood. coy 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Waynesville Commons 5. Location of Project (street address): 2150 South Main Street City: Waynesville ~~ty; Haywood 6. Directions to project (&om nearest major intersection): Intersection of South Main Street & Hyatt Creek Road 7. Latitude: 35.4669 Longitude: -83.0092 of project $. Contact person who can answer questions about the project Name; Charles Christy Telephone Number: (828 ~ 687-9500 Fax Number: 828-687-4090 Email Address: cchristy@wadetrim.com II. PERMIT INFORMATION: 1. Specify whether project is {check one): - % New Renewal Modification 92004 Version 1.0 Page 1 of 4 Z. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): Low Density High Density g Redevelopment General Permit Other 4. Additional Project Requirements (check applicable blanks): _CAMA Major %Sedimentation/Erosion Control `404/401 Permit JNPDES Stormwater Other Information on required state permits can be obtained by contacting the Customer Service Center at I-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project . Bio Basins, Extended Dry, Grass Swoles, Sand Filters 2. Stormwater runoff from this project drains to the French Broad River basin. 3. Total Project Area: 4U acres 4. Froject Built Upon Area: 80 % 5. How many drainage areas does the project have? 7 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. See attached table. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Receiving Stream Class Drainage Area Existing Impervious" Area Proposed Impervious"Area % Impervious* Area (total) Impervious Surface Area Drainage Area 1 Drainage Area 2 On-site Buildings On-site Streets On-site Parking On-site Sidewalks Other on-site Off site Total: Total: "Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas. sidewalks, gravel areas, etc. 9/2004 Version 1.0 Page 2 of 4 7. How was the off-site impervious area listed above derived? N/A IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot If lot sizes vary significantly, a table listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment 1. The following covenants are intended to ensure ongoing compliance with state riparian buffer authorization or General Cert~cation numbers SPP attached tabl ~• as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than a p a a ~h P A square feet of arty lot shall be cowered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, bricl~ stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped or altered except as necessary to provide driveway crossings. 4. Built-upon area in excess of the permitted amount requires a modified water quality cer[ifrcation prior to construction. S. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them. that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable stormwater management supplement form(s) listed below must be submitted for each BMP specified for this project. The forms are located on the 401/wetlands unit website. Bioretention Worksheet Dry Detention Worksheet Level Spreader Worksheet Grassed Swale Worksheet Extended Detention Wetland /Pocket Wetland Worksheet Wet Detention Worksheet 9/2004 Version 1.0 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the DWQ Central Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initals • Original and two copies of the Express Review Stormwater Management Application ~ • Signed and notarized Operation and Maintenance Agreement _ ''~ =f1 ., ; • Three copies of the applicable Supplement Farm(s) for each BMP _ ~;-i Application processing fee (payable to NCDENR) -'--;r-- ~_';_. • Detailed narrative description of stormwater treatment/management ' ' ~ >' • Three copies of plans and specifications, including: ~~''J - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number 8c date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stonnwater control measures - Wetlands and streams delineated, or a note on plans that none exist - Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or Mailing Address: city: State: Zip: Phone: ( ) Fax: VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Genera! Information, item 2) p a J i d /~ - 5 ~ d r n chi certify that the information included on this application form is, to the best of my laiowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000 < ~~ ~ , _- - Signature: ~ ----- -~-= ~ ,~° ._ __ W_ ~ _ Date: `% i 912004 Version 1.0 Page 4 of 4 Waynesville Commons, Waynesville, NC -Permit Application Attachment III. PROJECT INFORMATION -Item #6 Table Basin Information Draina a Area 1 S & 2S Draina e Area 4S Draina a Area 5S Draina a Area 6S Draina a Area 7S Draina a Area SS Receivin Stream Name Richland Creek Allen's Creek Allen's Creek Richland Creek Allen's Creek Richland Creek Receivin Stream Class C, B, Tmut C, B, Trout C, B, Trout C, B, Trout C, B, Trout C, B, Trout Draina a Area sft) 220,851 213,376 253,304 197,176 125,186 186,971 Existin Im ervious Area sft 209,457 207,564 249,763 195,684 156,106 186 971 Pro sed I ervious Area total, sft 183,312 202,495 250,411 188,060 125,186 186,971 I ervious Surface Area 183,312 202,495 250,411 188,060 125,186 186,971 On-site Buildin s 104,101 186,971 On-site Streets 0 On-site Parkin 105,230 0 On-site Sidewalks 0 Other On-site 0 0 0 0 0 0 Off-site 0 0 0 0 0 0 TOTALS 183,312 202,495 250,411 188,060 125,186 186,971 IV. DEED RESTRICTIONS AND PROTECTIVE CONVENANTS Item # 1 To Be Determined Item #2 -Development Table Lot # Lot Size Acre) Allowable built-u on Area Acre Allowable 1 1.11 0.888 80% 2 4.36 3.488 80% 3 1.99 1.592 80% 4 1.81 1.448 80% 5 12.45 9.960 80% 6 16.40 13.12 80% TABLE 3 Required Volumes to be Controlled form the 1-inch Storm Runoff Coefficient Rv = 0.05 + 0.009(1) Rv =runoff ceoffiaent =storm runoff (inches) /storm rainfall (inches) I =percent impervious =impervious portion of the drainage area (acres) /drainage area (cres) * 100 Volume to be Controlled Volume = (3630)(design rainfall) (Rv) (drainage area) Desing rainfall = 1-inch Drainage Area 7S -Grass Swale A Drainage Area 6S -Sand Filter B Total area = 19,875 sft Total area = 197,176 sft Impervious 13,561 sft Impervious 188,060 sft Percent Impervious 68.23% Percent Impervious 95.38% Rv = 0.66 Rv = 0.91 V = 1,100 cft V = 14,926 cft Storage Provided = 3,220 cft Storage Provided = 15,239 cft Drainage Area 2S - Bio Basin C Drainage Area 7S -Infiltration Trench Total area = 200,976 sft Total area = 125,186 sft Impervious 169,751 sft Impervious 125,186 sft Percent Impervious 84.46°!° Percent Impervious 100.00% Rv = 0.81 Rv = 0.95 V = 13,569 cft V = 9,911 cft Storage Provided = 14,355 cft Storage Provided = 9,984 cft Drainage Area 4S -Sand Filter A Drainage Area 8S - WM Roof Total area = 213,376 sft Total area = 186,971 sft Impervious 202,495 sft Impervious 186,971 sft Percent Impervious 94.90% Percent Impervious 100.00°k Rv = 0.90 Rv = 0.95 V = 16,076 cft V = 14,802 cft Storage Provided = 17,193 cft Storage Provided = 0 cft Drainage Area 5S -Infiltration Trench Total area = 253,304 sft Impervious 250,411 sft Percent Impervious 98.86% Rv = 0.94 V = 19,836 cft Storage Provided = 20,860 cft Table 7 Pollutant Composition and Concentration Waynesville Commons Lp = ~u(PPjRvuCuAu2.72/12), Pollutant Load in pounds per year P = 40.86 Pj = 0.9 Rvu = Runoff coefficient Cu = Event Mean Concentration Au = Area Removal Removal Removal Pre Post Rvu Cu (TSS) Efficiency (%) Cu (N) Efficiency (%) Cu {P) Efficiency (°~) Au Lp Lp Pre-Development Entire Site 0.90 57.80 40 3.30 15 0.40 20 30.37 14,012 8,613 Post-Development Bio Basin C 0.86 54.20 85 3.10 35 0.40 45 4.61 343 Richland Creek 0.95 54.20 0 3.10 0 0.40 0 4.29 1,960 Sand Filter A 0.90 54.20 85 3.10 35 0.40 45 4.90 381 Sand Filter B 0.91 54.20 85 3.10 35 0.40 45 4.53 356 Infiltration Trench - 5S 0.94 54.20 85 3.10 30 0.40 35 5.82 482 Infiltration Trench - 7S 0.95 54.20 85 3.10 30 0.40 35 2.87 240 14,012 3,761 Discharge to Richland Creek is 95% White Roof Waynesville Commons -Table 8 Storm Water Management Summary Drainage Area Treatment Area (sft) Area (Ac) Composite Runoff Required First Flush Volume cft) Provided First Flush Volume cft Quo Out (cfs) Q~oo Out (cfs) 1 S & 2S Bio-Basin C 220,851 5.07 0.81 13,569 14,355 2.20 18.80 8S Richland Creek 184,267 4.29 0.95 95% White roof, drains to Richland Creek 30.77 45.48 4S Sand Filter A 213,376 4.90 0.90 16,076 17,193 13.14 57.83 6S Sand Filter B 197,176 4.53 0.91 14,926 15,239 56.25 55.44 SS & 7S Infiltration Trenches 378,490 8.69 0.95 29,747 30,844 35.46 78.72 TOTAL 137.82 256.27 Pre-Development; Qlo = 221.83 cfs, Ql~ = 344.67 cfs Volume to be controlled from the 1-inch storm - 'Simple Method as described by Schueler (1987)' Rv = 0.05+0.009(I) Volume = (design rainfall)(Rv)(drainage area) Precipitation Intensity Estimates from NOAA, Q determined by HydroCAD iio-za = 4.56, iioo-za = 6.72 Water Quality Summary -see attached spreadsheet Drainage Area TSS Removal ° Efficiency (/°) N Removal Efficiency % P Removal Efficiency (%) Pollutant Loading lbs/ ) Pre-Develo ment -Assumes some treatment Entire Site 40 15 20 8,613 Pre-Develo ment TOTAL 8,613 Post-Develo went Bio-Basin C 85 35 45 343 Richland Creek 0 0 0 1,960 Sand Filter A 85 35 45 381 Sand Filter B 85 35 45 356 Infiltration Trench SS 85 30 35 482 Infiltration Trench 7S 85 30 35 240 Post Develo ment TOTAL 3,761 Infiltration Trench Inspection 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 Bh~1P elements noted in the inspection vt~ill be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of sh•uctures, safety of the public, and the removal efficiency of the BIv1P. Important maintenance procedures: - The drainage area of the infiltration trends will be carefully managed to reduce the sediment load to the sand filter. - The water level in the monitoring wells will be recorded once a month and after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). The infiltration trench will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). 1Zecords of inspec-lion and maintenance v,~ill be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any ln•obleins that are found shall be repaired immediately. BMP element: Potential roblem: How I will remediate the roblem: - --- The entire BMP Trash/debris is resent. Remove the hash/debris. The grass filter strip or Areas of bare soil and/or Regrade the soil if necessary to other pretreatment area erosive gullies have formed. remove the gully, and then plant a ground rover and water until it is established. Provide lime and a one-time fertilizer a lication. Sediment has accumulated to Search for the source of the a depth of greater than six sediment and remedy the problem if inches, possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. -- The flow diversion The structure is clogged. Unclog the conveyance and dispose structure (if applicable) of an ~ sediment off-site. The structure is damaged. Make any necessary repairs or replace if damage is too large for re ,air. [3MP element: Potential roblem: How I will remediate the roblem: The trench tNater is ponding on the Remove the accumulated sediment surface for more than 24 from the infiltration system and hours after a storm. dispose in a location that will not lnt act a stream or the BMP. The depth in the trench is Remove the accumulated sediment reduced to 75°0 of the original from the infiltration system and design depth. dispose in a location that will not im pact a stream or the 13MP. Grass or other plants are Reulove the plants, preferably by growing on the surface of they hand. if pesticide is used, wipe it on h•ench, the _lants rather than s n•a in . The observation well(s) The water table is within one Contact the DWQ Stornnvater Unit foot of the bottom of the immediately at 919-733-5083. s}'stem for a period of three consecutive months. The outflow pipe is clogged. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion robleuis. The outflow i ~e is damn ed. Ke air or re lace the ~i e. The emergency overflow Erosion Ol' OtheC signs Of The emergency overflow berm will berm damage have occurred at the be repaired or replaced if beyond outlet. ~~air. _ The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality ~I01 Oversight Unit at 9"19- ou tie t. 733-1786. r 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. Print name:Dave Scarnati Title:Director of llevelopment -- Address:l765 Merriman Road Akron, OH 44313 Phone:330-836-9971 Slgnatllre: ~ ~r~Y`~ii-~,,.____ __~`~-~ Date: I ! (I ~ ~ ~ _- 1~~ote: The Ieb<iliy responsible party should not be a homeowners association unless more than 50~~~ of the lots bare been sold and a resident of the subdivision has been named the president. I ~. a Notary Public for the State of __ ~ __ _ ,County of , ; , do hereby certify that personally appeared before me this . ~ '' day of , ~, and acknowledge the due e;cecution of the fol•going wet detention basin maintenance rcc}uirements. Witness my hand and official seal, •~r sraL My CO11111USS1017 eXpll'eS ,.sill {1. ,ianso~z Notary Public State of Ohio i~4y Coinnussio~~ Frt~ires July Table 1 Wa nesville Town Center - Draina eSub-District Area Summary DESTINATION DRAINAGE DISTRICT DISTRICT ID # AREA (SFT) AREA (AC) Runoff Coef. C Grass Swale A H1 4,184 0.10 0.2 Grass Swale A H2 ~ 5,236 0.12 0.9 Grass Swale A I ~ 8,325 0.19 0.9 Grass Swale A J 2,130 0.05 0.2 Bio-Basin C Al 39,166 0.90 0.9 Bio-Basin C A2 27,952 0.64 0.2 Bio-Basin C B 26,169 0.60 0.9 Bio-Basin C C 17,132 0.39 0.9 Bio-Basin C D 4,667 0.11 0.9 Bio-Basin C E ~ 5,850 0.13 0.9 Bio-Basin C F "' 7,973 0.18 0.9 Bio-Basin C G 9,011 0.21 0.9 Bio Basin C K 4,455 0.10 0.9 Bio Basin C L 38,911 0.89 0.9 Bio-Basin C O 16,417 0.38 0.9 Bio-Basin C XX 3,273 0.08 0.2 Infiltration Trench II 104,141 2.39 0.9 Infiltration Trench JJ n 13,692 0.31 0.9 Infiltration Trench TT 7,353 0.17 0.9 Richland Creek R 1,047 0.02 0.9 Richland Creek S ~ 176,928 4.06 0.9 Richland Creek T °D 7,339 0.17 0.9 Richland Creek W 1,657 0.04 0.9 Sand FilterA M 5,125 0.12 0.2 Sand FilterA N 75,649 1.74 0.9 Sand FilterA P 2,880 0.07 0.2 Sand FilterA Q ~ 46,292 1.06 0.9 Sand FilterA U 2,876 0.07 0.2 Sand FilterA V 45,176 1.04 0.9 Sand FilterA BB 35,378 0.81 0.9 Infiltration Trench CC 38,547 0.88 0.9 Infiltration Trench GG 34,312 0.79 0.9 Infiltration Trench HH 44,619 1.02 0.9 Infiltration Trench KK 21,912 0.50 0.9 Infiltration Trench LL 43,000 0.99 0.9 Infiltration Trench MM ~ 2,838 0.07 0.9 Infiltration Trench NN °' 6,216 0.14 0.9 Infiltration Trench 00 15,209 0.35 0.9 Infiltration Trench PP 2,893 0.07 0.2 Infiltration Trench RR 6,692 0.15 0.9 Infiltration Trench SS 9,577 0.22 0.9 Infiltration Trench UU 27,489 0.63 0.9 Sand Filter B X 2,937 0.07 0.2 ' Sand Filter B Y 43,271 _ 0.99 0.9 ;: Sand Filter B Z 6,182 0.14 0.2 Sand Filter B AA ~ 37,486 0.86 0.9 Sand Filter B DD `O 26,983 0.62 0.9 Sand Filter B EE 49,923 1.15 0.9 Sand Filter B FF 28,324 0.65 0.9 ~, Sand Filter B OQ 2,070 0.05 0.9 ' 19,875.00 sft 0.46 acres 200,976.00 sft 4.61 acres 125,186.00 sft 2.87 acres 186,971.00 sft 4.29 acres 213,376.00 sft 4.90 acres 253,304.00 sft 5.82 acres 197,176.00 sft 4.53 acres Permit No. ~ ~ ~ ~ .. ~ ~~ ~ v (to be provided by DWQ) UrO~ W i1 TF~OG ~~~ STORMWATER MANAGEMENT PERMIT APPLICATION FORM T 4t)1 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 11l) musf be printed, t7lled out and submitted along with all of the required information. L PROJECT 1NFORMATfON Project name Waynesville Commons Contact person Charles Christy Phone number 828-687-9500 Date Drainage area number 16-Nov-07 7S -Infiltration Trench 11. DESIGN fNFORMATfON Site Characteristics Drainage area 125,186.00 ttz Imperv~us area 125,186.00 ftz Q /~7~ Percent impervious 100.0% l~ ~]/~ Design rainfall depth 1.0 in ~ t:/ ~ n Flow Calculations N~ ~ G' ~~ Peak is pre/post control of the 1-yr 24-hr peak flow required? N (Y or N) ~ 2D~~ ~~~ 1-yr, 24-hr runoff depth in ~NVpg ' -'t'AT~P ensity inJhr '~STp,?,~ ~u~4Ll)'y 1-yr, 24-hr int Pre-development 1-yr, 24hr peak floHr ft3/sec ~M Post-development 1-yr, 24-hr peak taw ft3/sec Pre/Post 1-yr, 24hr peak il>ar control ft3/sec Storage Volume: Non-SR Waters Minimum volume required 9,897 ft Volume provided 9,984 ft OK for non-SR waters Stoma Volume: SR Waters 1-yr, 24hr rainfal(depth in Pre-development 1-yr, 24hr runoff ft3 Post-development 1-yr, 24-hr runoff ft3 Minimum volume required ft Volume provided ft3 Soils Report Summary Soil type q~avelly, Sandy, Loam infiltration rate J 4.71 iNhr SHWT elevation 2,735.00 fmsi Trench Design Parameters Drawdovm time 0.42 days OK Perforated pipe diameter 24 in Perforated pipe length 390 tt Stone type (dosed) #57 Stone void ratio 40% Stone is free of fines? Y (Y or N) t7 K Trench Elevations glom elevation 2750.00 fmsl OK Storageloverflowefevation 2754.00 fmsl Top elevation 2754.00 fmsl Form SW401-infiltration Trench-Rev.1 Parts i. tf H. Design Summary, Page 1 of 2 Permit No. (to 6e provided by DIAK,2) Trench Dimensions Let~tlt (~ dirt~ension) 390 ft Width (shat dimension) 16 ft Height (depth} 4 ft OK Additional Information Total runoff volume captured by trench 2.75 ao-in Maximum of 2acre-inches allowed Length of vegetative filter for overflow 0 ft Filter is too short, must be > 30-it Number of observation wells 1 OK Distance to stn,cture 15 ft OK Distance from surface waters 75 ft OK Distance from water supply well(s) 500 ft 0K Separatror- from impervious sat layer 10 ft OK NaturaNy occuring sal above SHWT 5 ft OK Bottom t~vered with 4-in of clean sand? N (Y or N) Must cover bottom with 4-in of clean sand Recorded drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build-out? Y (Y or N) OK Bypass provided for larger storms? Y (Y or N) OK Trench wrapped with geotextile fabric? Y (Y or N) OK Pretreatment device provided Catch Basins Form SW401-rnfdUatiat Trench-Rev.1 Pans I.8 II. resign Summary, Page 2 or 2 Permit No. (to be provided by DWG 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 ff the applicant has designated an agent, the agent may initial below. ff a requirement has not been met. attach justification. Pagel Plan Initials Sheet No. __C1_ZL' 1. Plans (1° - 50' or larger) of the entire site showing: - Design at ultimate build-out, y~$ -Off-site drainage (if applicable), N ~ R - Delineates drainage basins (include Rational C coeffident per basin), !n!t p ~ -Trench dimensions, ~~,~• 4 ~ f ~, ~c,4- L • 3 -3 ~.. - Pretreatment system, c o,T~~ ~~, r,S -High flow bypass system, s 7"CL~cty ~ 32 -Maintenance access, >Z.r_1-k - Recorded drainage easement and public right of way (ROVIfJ, >? C-~ - Overflow device, and ~Trz.~ ~~uR-G 32 - Boundaries of drainage easement ~~~ 2. Portia! plan (P = 30' or larger} and details for the infiltration trend! showing: - Bypass structure, ~>"R~~ 2~ 32 - Maintenance aocess,l~~ -Basin bottom dimensions, •qc,.~,,.; { ~ 5~le~k ~- 3.3A. -Basin aoss-section with benchmark for sediment deanout, Lo•i-cS~, (o ~si~1 S - Flow distribution detail for inflow, c e.~rc-~ b o- S iY1 S ,? ~~~i' S-~~~° - Vegetated filDer, and ~ (o~ y .{-n Dp; ~ p~-p -Pretreatment device. ~ q.1.~ p~tS~ a5 ~~ 3. Section view of the infiltration basin (1 ° = 20' ~ larger) showing: -Pretreatment and fieatrnent areas, and ~ x~ s rs ~ ~ • ~~~ s -Inlet and outietstructures. 1~(c~" . Gad-cGi hws ~n~ , o~3~f-(e~ ' BT~f,.,~~,~~ 32. ~~- 4. A table of elevations, areas, incxemental volumes 8~ accumulated volumes to verify the volume provided. t-Fyd,~ ~ ca(«sf~fion5 r,,~G 5. A soils report that is based upon an actual fleid investigation, mil borings, and infilVation tests. The results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigatice request form. County soil maps are not an acceptable source of soils information. 4c-ro.`lnLd ~~ 6. An assurance that the installed system will meet design spedfications upon initial operation once the project is complete and the entire drainage area is stabilized. ,_~ 7. A construction sequence that shows flow the infrtlration basin will be protected from sed'm~nt until the entire drainage area is stabilized. ~~~.SG 1T ~w~ ~Jc~s(~ ~rc~ar-d~ . r/r ~ 8. The supporting calculations. a~,~L (rte ~,~_ 9. A copy of the Signed and notarized inspection and maintenance (1&M) agreement G G 10. A copy of the deed restriction. ~E~ Forth SW401-Infiltration Trench-Rev.1 Part III. Required Items Checkr~st, Page 1 of 1 )(,~) Q 1 ` O ~ / ),p ~'2 Permit Number. (to be provided by DWG?) OF VJ ATFR ~ ~~ `OG ,,.,..,.... ~~ 'r_ >_; c ~ STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM SAND FILTER SUPPLEMENT This form musf be filled out on line, printed and submitted with all of the required information. Make sure to also 61l out and submit the Required Items Checklist (Section 11!) and the t&M Agreement (Section IV) 1. PROJECT INFORMATION Project name Waynesville Commons Cor>tad name Charles Christy Phone number 8213-687-9500 Date Drainage area number November 16, 2007 4S -Sand Filter A IL DESIGN INFORMATION Site Characteristics Drainage area (Ao) 213,376 ftz OK Impervious area 202,495 fl % Impervious (I~ 94,9% qo Design rainfall depth 1.0 in Peak Flow Calculations Does this projectrequire pre/post control of the i yr 24-hr peak fklw? N Y or N 1 yr, 24-hr runoff depth in 1-yr, 24-hr intensity inthr Pre-devebpmertt 1-yr, 24-hr rurroff ~/~ Post-development 1 yr, 24-hr runoff {~/~ PreiPost 1-yr, 24-hr peak control ft sec Storage Yolume Design volume 17,193 ft Adjusted water quality volume (WQV~ 12,895 fti3 Volume r~rrtained in the sedirt~rttalion basin and on top of the sand filter. OK 35,742 Maximum head on the sedimentafion basin a-td sand filter {h~~) 3.3 ft OK Average head on the sedimentation basin and sand filter (h~J 3 ff Runoff Coeffiaent (R,t) 0.90 {unitless) Type of Sand Fllter Open sand fitter? N Y or N tf this is an open sand filter. The clearance between the bottom of the sand fitter and the SHWf (dam) ft Closed/pre sand filter? Y Y or N ff this is a dosed sand filter. The clearance between the txritom of the sand filter and the SHNff (dam) 2 ~ ff this is a dosed, underground dosed sand filter. The clearance f>eiween the surface of the sand filter and the bottom of the roof of the underground 4 ft strvctrtre (dam) Form SW401-Sand Fitter-Rev.t Parts I and n. Project Design Summary, Page 1 of 3 Permit Number: L (to be provided by DWG Sedimentation Basin Surface area of sedimentation basin {As) 1,056 ftz OK Sand Filter Surface area of sand filter (AF) 9,200 flz OK Depth of the sand media finer bed (dF) 4 fl t;oeffiaent of pem-eability for the sand filter (k) 12 (ft/day) Time to drain the sand filter (t) 16 hours OK Time to drain the sand filter (t) 0.67 days Additional Information Does volume in excess of the design volume bypass the sand fdteR Y Y or N Is an off~ine flow-splitting device used? Y Y or N OK Does volurrle in excess of the design volurrle tkfw evenly distributed through a N Y or N Excess voume must pass through filter. vegetated filter? What is the length of the vegetated fiftel'? 01t Does the design use a level spreader to evenly distribute flow? N Y ~ N Show how flow is event' distributed. Is the BMP kx~ted at least 30ft from surface wathrs (50ft if SA waters)? Y Y or N Is the BMP kx~led at least 100ft from water supply wells? Y Y or N Are the vegetated side sbpes equal to or less than 3:1 N Y ~ N Insuffiaent vegetated side slopes. (s the BMP kxxted in a recorded drainage easement with a recorded access easement to a public Right of Way (ROW)? Y Y or N OK What is the width of the sedimentation chambedforebay (W~)? 11 tt OK What is the depth of sand over the outlet pipe? 3.5 ft OK Figure 1: Opert Sid Fdber in-Sim Sail Sea.~•aoablt= Hish R titer Table Fonn SW401-Sand Filter-Rev.1 Parts 1 and 11. Project Design Summary, Page 2 of 3 Sedimentation Soul Filter Chamber Chamber i ar Forebm•) ., Fto~t- .~__ _.~. __«, ----. Weir i i~rtlet Yipe t N~>~.,~,~.. Pemrt Number. (to be provided 6y DWIy Figure 2: Closed Sand Filter Co~•er t3latcs `,.,`rn ~ ~ ~ ~ - -- F7o~c ~ ~. ^\~ Sand ~, ~ t ~ "~. ~ j <1t ~flet Pipc n,.,., -~,,~- ~ . ~~ ..~......... ~~ _ .. ~ ~. ~ ~ 4 ~. _.~ .... C'on,.7etc {or other ~ ,~ _' Stn14a1U'al ltlaterlalt j:-`` _,~. \"-~._ { ' '~ . ~' r', ~ Iu-Sihl Soil ~~ ~~ ~' ~ ,,.-" ; + 1 ' tt ! ~_- ......- 5ca.:onabh• Hit -'' , .-'" -- ----- - - -.- Water Table ~' ` Scdiulentatiou Chamber {Foreb:n~+ ~Suld Filtn~ C"Ilanlber Ct'ater - Collected ~ ~~ s~~' (TraPP~ Solids) 4rgamcs. De(xis) Form SW4~1-Sand F1ter-Rev.1 Parts i and II. Project t]esign Summary, Page 3 of 3 Permit No. (to be provided by DWQ) ~~ Please indicate the page or plan sheet numbers where the supporting documentation can be found. M incomplete submittal package will result in a request for addidonal 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. H a requirement has not been met, attach justification. Initials Pagel Plan Sheet No. t~ 1. Plans (1" - 50' or larger) of the entire site with labeled drainage area boundaries M I! V 2 - System dimensions (length, width, and depth) for both the sedimentation chamber and the filter chamber 3.8 , 3.3 ~~ p'rc~~ 1~ ~ 2 -Maintenance access, GodG~~d r'.• ,SEA - Flow splitting device, iN ~asr SED. GHAwrb~' + pvucd rN 1ZGA -Recorded drainage easement and public right of way (ROW}, L - Design at ultimate build-out, YES -Off site drainage (if applicable), and N/A - Boundaries of drainage easement. G o JG,r ~ i N ~ fr=A' C-S ~ 2. Plan details (1" = 50' or larger) for the sand filter showing: - System dimensions (length, width, and depth) for both the sedimentation chamber and the filter chamber htiuk G-3•$ -Maintenance access, coJU~ ~ ~^' ~~ -Flow splitting device, 2W" P IaE ~ ~~ r" -Recorded drainage easement and public right of way (ROW), c.aJr+'~ - Design at ultimate build-out, yGS -Off-site drainage (if applicable), and Nel4 -Boundaries of drainage easement. Ca J~r~ l ~i ~~ C~trL 3. Section view of the sand fitter (1" = 20' or larger) showing: ~~~~. v~ AA~ , ~~ 3.8 3 ~- ~'~ 5~e~' C - 3 $ 3 . -Depth(s) of the sedimentation chamber and sand filter chamber, Pro~~ (~ eat - Depth of sand filter media ~jt~i ~N Rk, G 3.8 tK '~~ " STNt , N a, -Connection between the sedimentation chamber and the sand filter chamber, 1 U - SHWT levels} Z-~F - Outlet pipe, and StNC m ~ ~ t t , 5~1cr.~- L- ~ .to -Clearance from the surface of the sand filter to the bottom of the roof of the underground structure (if applicable) ~' - S'~on~ (~cd ~ Sc~•(rar-+ /t& , G- 3.8 t'i~G- LTA 4. Supporting calculations (including drainage calculations) 12C~i Sip q~..r~ ~ 4=1D t t i d i i d i t S f ~O~ l ~ igned and no ar ze nspect on an ma n enance agreemen ~(Gilr o<ss 5. (u~~- ~ Form SW401-Sand Filter-Rev.1 Part III, Page 1 of 1 1 Permit Number. O 11 rp ~ 2 (to be provided by OWQ) a~^C ~~~:, rF~QJ STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM SAND FILTER SUPPLEMENT This form must be filled out on line, printed and submitted with aH of the required information. Make sure to also fill out and submit the Required Items Checklist (Section llt) and the t&M Agreement (Section ll~ 1. PRO.IEl+T INF~RMATiON proj~ name Waynesville Commons Contact name Charles Christy Phone number 828-698-9500 Date Drainage area number November 16, 2007 6S -Sand Filter B 11. DESIGN tNFC1RMAT10N Site Characteristics Drainage area (Ao) 197,176 ~ OK Impervious area 188,060 ftz % Impervious (l~ 95.4% Design rainfall depth 1.0 in Peak Mow Caiculafforts Does this project require pre/post control of the 1-yr 24-hr peak itow? 1-yr, 24-hr runoff depth 1 yr, 24-hr intensity Pre-development 1yr, 24-hr runoff Post-development 1-yr, 24-hr runoff PrelPost 1-yr, 24-hr peak control N YorN m inihr ft3/sec ft3/sec ft~/sec Storage Volume Design volume Adjusted wafter quality volume (WQV~ Volume contained in the sedimer>iation basin and on top of the sand filter. Maximum head on the sedimentation basin and sand filter (h~~,) Average head on the sedimentatthn basin and sand filter (h,~ Runoff Coeffiaent (Rv) Type of Sand Filter Open sand fiffeR ff this is an open sand filter: The clearance between the ttottom of the sand filter and the SHWT (dam) Ck>sed/pre-cast sand filter? ff this is a dosed sand filter: The clearance between fire bottom of the sand filter and the SHWT (dam) ff this is a dosed, underground dosed sand filter. The clearance between the surface of the sand filter and the bottom of the roof of the underground structure (dam) 15,239 ft3 11,429 ft3 OK 58,5$9 5.07 ft OK aft 0.91 (unitless) N YorN ft Y YorN Oft aft Form SW401-Sand Filter-Rev.1 Parts i and II. Project Design Summary, Page 1 of 3 ~1 Permit Number. ~.~ ~ 1 ~ O 1 + lp V 2 (to be provided by OWQ) ,G,~ ~;.; A. T~rFt ® O ~~~i~s O ~ ^\~~~ ` STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GRASSED SWALE SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must also be filled out, prinfed and submitfed along with all of the required information. 1. PROJECT INFORMATION Project name Waynesville Commons Contact name Charles Christy Phone number 828-687-9500 Date Drainage area number November 16, 2007 1S II. DESIGN INFORMATION Site Characteristics Drainage area 19,875 frz Impervious area 13,561 ftz Percent impervious 68.29'0 % Design rainfall depth 1.0 inch Peak Flow Cak:ulations 10-yr, 24-hr runoff depth 2.43 in 10-yr, 24-hr intensity 4.56 in/hr Post-development 10-yr, 24-hr peak fbw 1.3 ft3/sec Velocity Maximum non-erosive vekx3ty (peak 10-year storm} 11.0 ft/sec Soil charrat~eristics (errl3er X beknnr) Sand/sift (easily erodible} Clay mbc (erosion resistant) X Grass Type (enter "x" below) Bermuda Tall fescue X Bahiagrass Kentudry bluegrass X Grass-legume mature Swale type: Fill out one of the options below: Ootion 1: Curb Outlet Swale: N (Y or N) Maximum vekx;iiy Side slopes :1 Swale length ft Oation 2: Conveyance Swale. Seeking Pollutant Credit Y (Y or N) Maximum vekxtity for 10-yr storm 0.1 ftlsec OK Side slopes 5 :1 OK Swale length 150 ft OK Ootion 3: Conveyance Swale, Nof Seeking Pollutant Credit: N (Y or N) Maximum vekxtiiy Side slopes :1 Form SW401-Grassed Swale-Rev.1 Parts I and Il. Project Design Summary, Page 1 of 2 ~~..~ D `~ - 1J 1 ~ ~v V Z Permit No. (to be provided by DWQ) 0~~4 w"rFa°~ O Y STORMWATER MANAGEMENT PERMIT APPLICATION FORM ~~ 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part !tl) must be printed, filled out and submitted along with at! of the requtred information. I. PROJECT INFORMATION Project name Waynesville Commons Contact person Charles Christy Phone number 828-687-9500 Date Drainage area number 16-Nov-07 5S -Infiltration Trench 11. DESIf3N INFORMATION Site Characteristics Drainage area 253,304.00 ftz Impervious area 250,411.00 ftz Percent impervious 98.9°I° Design rainfall depth 1.0 in Peak Flow Calculations Is prelpost control of the i-yr 24-hr peak flow required? N (Y or N) 1-yr, 24-hr runoff depth in 1-yr, 24-hr intensity inlhr Pre-development 1-yr, 24-hr peak flow ft3/sec Post-development 1-yr, 24-tu peak tk~w ft3/sec Pre/Post 1-yr, 24-hr peak flow control {t3/~ Storage Volume: Non-SR Waters Minimum volume required 19,859 ft3 Volume provided 20,880 ft3 C~K for ~~or-SR ~~~aters Storage Volume: SR Waters 1-yr, 24-hr rainfall depth in Pn3-development 1-yr, 24fir runoff {~ Post-devebpment 1-yr, 24fir runoff ft3 Minimum volume required fl3 Volume provided ft3 Soils Report Summary Sal type ,)gravelly, Sandy Loam infiltration rate U 4.71 inlhr SHWT elevation 2,745.00 fmsl Trench Design Pararrreters Drawdown time Perforated pipe diameter Perforated pipe length Stone type ('d used) Stone void ratio Stone is free of fines? Trench ©evations Bottom elevation Storage%verfiow elevation Top elevation 0.53 days CK 15-30 in 1043 ft f157 40% Y (Y or N) C?r<. 2750.00 fmsl ~?K 2755.00 fmsi 2755.00 fmsl Form SW401-Infiltration Trench-Rev.1 Parts 1.811. Design Summary, Page 1 of 2 Permit No. (to be provided by DWQ) 111. REQUIRED 11'EM& CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. M incomplete submittal package wit! 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 infial below. ff a requirement has not been met, attach justification. Page Plan Initials Sheet No. C.~S~-- 1. Plans (1` - 50' or larger) of the entire site showing: - Design at ultimate build-out, ya4 - Of~site drainage (if applicable), N ~ l~ -Delineated drainage basins ('inducts Ratite C coeffiaent per basin), M R Q 2- - Trench dimensions, pc¢c; ~ , 5lnc~-i- C- 3.3 a -Pretreatment system, Lek{ ~ h a 5 ~~s -High flow bypass system, S~trv~'rv ~ , 3.3a. -Maintenance access, ~~ A~ -Recorded drainage easement and public right of way (ROW}, 12L ~ -OVerflowdeYlce,and S'f(~.uG~Jfd ~, f,(ntUl- 3.3o-- -Boundaries ofdrainage easement j~A ~.~'~~-- 2. Partial plan (1' = 30' or larger) and details for the infiltration trench showing: - Bypass structure, ~~'t2~vt'~rG 44. t,- 3.34. - Maintenance access, Q.EA - Basin twttom dimensions, 'p ~.{'a i ~ , G - 3 -~ , -Basincross-section with benchmark for sediment deanout, $us o~ C. ~j s -Flow distribution detail for infkn~r, ~ [s,~- ch b a s i ~5 , ~ + (~ ~ 5~ -vegetated filtex, and ~~,i5 Iwo bey po,,,d . -Pretreatment device. (; a~~ (7a 5 ~ h 5 v ~- 3. Section view of the infiltration basin (1' = 20' or larger) showing: -Prftreahrlentandtreatrnentareas,and cxcscr.JG cATc..rt RFksrr~S -Inlet and outlet structures. !vl Eck .- Go.-F` (n h o s i ~s , ayE`(~ ' .~t'2.~c~'rU P--~ C.~ ~ 4. A table of elevations, areas, incxementaf volumes ~ accumulated volumes to verifir the volume provided. {-#yc(ra G~kO eatcsto~-~-i'v~s c.-~T C- 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The results of the soils report must be verified in the field by DWQ, by completing ~ submitting the soils investigation request form. County sal makes are not an acceptable souroe of soils information. C. c 6. An assurance that the installed system Hn I meet deb gn speafications urn initial operation once the project is r~mplete and the entire drainage area is stabilized. 7. A cor>sfruction segl~rtce that straws how the infitiration basin will be protected from sediment until the entire drainage area is stabilized. ~ n SG ('[ go: t t~tZoS ion ~(~,,~ ~ "DG{-ai(S ~~ 8. The supportingcakxtlations. ~~-~~~ ~fd~~,c,c~ -fo~ca.,c~,~~~ CSC-- 9. A copy of the signed and notarized inspection and maintenance (I&M) agreement G~?C--- 10. A /tTt"ltGt{-rr b copy of the deed restriction. ~ ~ Form SW401-infiltration Trench-Rev. Part III. Requured ftems Check~st, Page 1 of 1 r Permit Number. {to be provided by DWQ) ~ ~ ~ ~ 7 ~ ~ ~ ~, O~ viii ~~~ O ' O~ D NR NC STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM BIORETENTION CELL SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part Ill) must be printed, filled out and submitted along with atl of the required information. I. PROJECT INFORMATION Project name Waynesville Commons Contact name Charles Christy Phone number 828-687-9500 Date November 16, 2007 Drainage area number 2S II. DESIGN INFORMATION Site Characteristics Drainage area 200,976 ft Impervious area 169,751 ft~ Percent impervious 84.5% Design rainfall depth 1.0 inch Peak Flow Calculations Is prelpost control of the 1-yr, 24-hr peak flow required? N (Y or N) 1-yr, 24-hr runoff depth in 1-yr, 24-hr intensity in/hr Pre-development 1-yr, 24-hr peak flow ft3/sec Post-developrr~nt 1-yr, 24-hr peak flow ft3/sec Pre/Post 1-yr, 24-hr peak control ft3/sec Storage Volume: Non-SR Waters Design volume 13,554.0 ft3 Ponding depth of water 12 inches OK Ponding depth of water 1.00 ft Surface area of the top of the bioretention cell 14,355.0 ftz OK Length: x.75 ft OK Width: 75 ft OK -0r- Radius ft Storage Volume: SR Waters 1-yr, 24-hr depth in Pre~evelopment 1-yr, 24-hr runoff fts Post-development 1-yr, 24-hr runoff ft3 Minimum volume required ft3 Volume provided ft3 Soils Report Summary Drawdown time, ponded volume 12 hr OK Drawdown time, to 24 inches below surface 28 hr OK Drawdown time, total: 40 hr In-situ soil.• Soil type Sandy Loam Soil permeability 4.00 in/hr Planting media soil: Soil type ASTM 5268 Soil permeability 4.00 in/hr OK Soil composition Sand (by weight) 87% OK Form SW401-Bioretention-Rev.1 Parts I and II. Design Summary, Page 1 of 2 _~ Fines (by weight) °6 Organic (by weight) Phosphorus Index (P-Index} Basin Elevations Temporary pool elevation Planting elevation (top of the mulch) Bottom of the cell Planting depth Depth of mulch SHWT elevation Are underdrains being installed? 10% OK 3% OK Total: 100°!0 20 (unitless) OK 2753 fmsl OK 2752 fmsl 2750 fmsl 2ft inches 2748 fmsl OK How many clean out pipes are being instaNed? What factor of safety is used for siting the underdrains? {See BMP Manual Section 12.3.6) Additional distance between the bottom of the planting media and the bottom of the cell to account for underdrains Bottom of the cell required Distance from bottom to SHWT Type of bioretention cell {answer "Y" to only one of the two following questions): Is this a grassed cell? Is this a cell with treesfshrubs? Plartting Plan Number of tree species Number of shrub species Number of herbaceous groundcover species Additional information Does volume in excess of the design volume bypass the bioretention cell? Does volume in excess of the des~n volume flow evenly distributed through a vegetated filter? What is the length of the vegetated filter? Does the design use a level spreader to evenly distribute flow? Is the BMP kx~ted at least 30 #eet from surface waters (50 fee# if SA waters)? Is the BMP located at least 100 feet from water supply wells? Are the vegetated side slopes equal to or less than 3:1? Is the BMP kxated in a recorded drainage easement with a recorded access easement to a public Right of Way {ROW)? Inlet velocity (from treatmenf system) Is the area surrounding the cell likely to undergo development in the future? Are the slopes draining to the bioretention cell greater than 249'0? Is the drainage area permanently stabilized? Pretreatment Used (Indicate Type Used with an "X" in the shaded ceU) Gravel and grass (flinches gravel followed by 3-5 ft of grass) Grassed swale Forebay N (Y or N) Oft 2750 fmsl 2ft OK Y (Y or N) OK N (Y or N) Y (Y or N) N (Y or N) Oft N (Y or N} Y (Y or N) Y (Y or N) Y (Y or N) Y (Y or N) 5.19 ft/sec N (Y or N) N (Y or N) Y (Y or N) n Permit Number: (ta be provided by DWQ} Excess volume must pass through filter. ~x,~' fNr~+~ t~Qatr~o-fie, sr~uu~t~U,~~ Show how flow is eveny distributed. ~ ~~~ y,~r~, OK OK Insufficient inlet vekxaty unless energy dissipating devices are being used. ~i e.~~c s5 ed -~a. ~' -~ J ~ (Ltp ~ n~ OK OK OK Fonn SW401-Bion:tention-Rev.1 Parts I and 11. Design Summary, Page 2 of 2 Permit No: (to be assigned by DWQ) 111. REQUIRED ITEMS CHEGiCUST 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 wilt delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the appiipnt has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Page! Plan Irdfiais Sheet tVo. r ~rTG-- 1. Plans {1' - 50' or laaryer) ~ the entire site showing: - Design at ultimate buikl-0ut, ~y - O(f-site drainage {'rf applicable), F1 ~ c~ - Delineated drairage basin (krdude Rational C cx~effiaent per basin>, -C~Idim~sior>s, '~~7kic. s4~Pc-l- 3.t~ - Pretreatment system, ~~c,4, b~.,~S ~ ~t`~(r. ~? ~~, !1_~ ~ ~~~ - High flow bypass system, -f~~uv~ ~, ~~, J~«'-~tt:%.-~ ~ i (~- -Maintenance access, (~ EA - Recorded drain~e easement and public rk3ht ~ way (ROW), '~sr k- -Cleanoutpipe locations, !Jf r'+ -O~rflowdevice, and y~v~-tU~~ ~` ~{y -Boundaries of drairage easement. }~,EA <' C" 2. Plan details (1' = 30' or larger) for the tHaetentiat cell showing: -Ceti dimensiats ~ e~ ~ i Syt~G~ 3 . g' - Pretreatrnent system, .~«b~ ri f~ t f' fZ~ ~ ` - Hugh flow bypass system, 5Ti2~ L~~ i•~ ~ ~f ) - Maintenance access, r? n t and put>~ right of way (ROW), ~ ~' -Recorded drainage easeme - Design at utiima{e build-out, ~ cs~ - Offer drainage Crf appligble), u~ ~ - q~n art pipe locations, /,IAA - Overflow device, and y'~-fy,,~ ~~ 41`~`t - Boundar~s of drainage easement ~~ 3. Section view of the bioretention cell (1' = 20' or larger) showing: -Side slopes, 3:1 or lower ~~.~-ai t ~l~,cc-f 3.8 - Underdrain system {if applir~ble), and ~{ t !~ - Bioreter-tiar oefl [ground level and slope, pre-ireatrrrerrt, pond'mg depth, muk:h depth, fiti media depth, washed sand, filter fabric {or ctmldng stone if applicable), #57 stone, underdrains (ff applicable), SHNtT level(s), and overflow structure] ~l.~G t l Sheet 3.~ ~~ i ~ 4. A soils report that is based upon an actual field imres~tion, soil txutngs, and iniiltrati'on fasts. The results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. t,,arniy soil maps are not an acceptable source of soils information. All elevations shah be in feet meem sea revel (hrrsl). Resi,tils ~ souls tests of Moth the planting soil acrd the in sitiisoilmustirx~txle: tilG~ ,~,;,,`( rKt x ~~ b~ ~)ro~~d~d ~r!' ~u,,. ~ 5~+=~' -Soil pemreabiliiy, L ~ t 5z"r uka . `x~ ~ rr ~~r ~ c~t cam--' i ~ t. ~ ~,~1,,,~ k: ,i ~ -~C.S ~ g~ ~ '~ ' r ,, - Soil composition (96 sand, °6 fines, % organic), and / - P-index. !r-!~t~.~ 5. A detaiUed planting PIS (1' = 20' or larger) Prepared by a quaClfied individual shaNir>g: - A variety of suitable species, r..,~t}55 ~ d a a~ d ~ - Sizes, spaarg and locetior>s of plantings, ~~ - Total quantity of eadt type of pint speafied, ,~1 /}E' - A piaMirg detail, iu /R- t ~ - The source nursery for the plants, and g^,,G !~; ~ed Si~~ (~ ~~ ~~' a - Fertii¢er and warming required to establish vegetation. L.vn'C/~ ~~,, 1~> ~Itrts~I: ~ ~ ~ ~-y? G.S ~~{: s~.: t 9 ~c'~-acct . ~--~T'~ 6. An assurar>ce that the ir~taAed syst~r- wiq n>~ design sper;ifificatior-s upon irtitiad operation a-ce the project is complete and the entire drainage area is stabilized. ~fiE7 a N j?I ~., C.~"C. 7. A ooristrudion sequence that shows how the biaetention cell will be protected fran sediment. until the entire drainage area is sthbi'tized. Nor, o n ~ l,~,r.,, r=-° 8. The supporting calculation {indudirig underdrain calculations,rf applicable). ~'{~ ~Kc:~ Ca.tfi5 0.d-G~IG~ ~, ~ 9. A copy of the signed and notarized ir~pection and maintr3rtance (18M)~fgreerrtent. j>f~~<.c~-Ys~~~ y~ibrn~ ~~ ~l~s=-~ 10. A copy of the ~! restriction. ~~~~ t. {L~t~ Forth SW401-Biore4ention-Rev.1 Part Ill. Page 1 of 1 ~~ °~` o~~~ Y2 List of Exhibits A = Site Plan TABLE OF CONIENIS B Legal Description of Shopping Center B-1 = Legal Description of'the Developer Parcel B-2 s Legal Description of the Home Depot Parcel B-3 = Legal Description of theWal-MaztParcel 1,1 Parties........... ......... .. ........ ... .. .....,. ,.. _............ ...... ..........I B-4 = Lega] Description of'ffie Oatparcels C = Sign Exhibit 1.2 Purpose...,.... ...,_,.,. .... _.. ,. ...._..., ,.. , ..,. ........ .. .................. 1 C-1 = Intentionally Deleted 1 3 Defmitions ... , 1 D = Approved Plans fm the Shopping Center , _ 2. BUILDING AND COMMON AREA DEVELOPMENT ............................................».....».... 5 2 1 Building Location ............. ....... ,..,... ......... 5 2,2 Common Area ...,..,... .....,... .. ,_ ... .. ..,...............5 23 Type and Design of Building ........... ......... ... ..... .......... .................... 6 2.4 ConshnctionRequuements .,..,... .,..,.. ... ...,. .. „ ........................7 2..5 Temporary License.... ........ ........... ......., .. .......,..._.......8 2.6 Indemnity ...... .......... ........ .. 8 2J ApptnvalProcedures,..... .....,..... .,.,.... .... _ ..... ............ .......9 3. EASEMENTS .............»......................................................... »....»...........................».............9 3.1 Ingtess,EgressandParking ... .. _-. _.. .. . .. ... ..... ..............9 33 UtilityLmesandFacilities .,..,.._.... ........ . _. . .._.... _........._. ....9 3,4 Signs ...,_...... ..,.., ........ . ....... .... I1 3.5 Dedication to Public Entiries ..... ......_... ., .. ... _ _., . I1 3.6 No Merger...... ....._ . .... ........ 11 3.7 Permanent Servicellrive.. ... _...... __. .,....,... _._...11 3.8 Storm Drainage and Detention Easements ., .... .... ........._........... I 1 3.9 Encroachment ....... .. . _ ....12 4. OPERATION OF COMMON AREA ..................................................................................» 12 4.1 Parking........ ,.... . _ _.... _ .. 12 4.2 Employee Pazking ...,_..... . 13 43 Signs......_,,.. ........ ...... . ... .. ........ . ................ 14 4.4 Protection of Common Area . _........ __.. ..,..... _. 15 37 4.5 Changes to Common Area .... ... ..... . .. ...... . ..,.. _..,. .........._ _......... 15 5. RESTRICTIONS ON USE .......................»..................»..».................................._ . ..........».. 16 5.1 Home Improvement Store Restrictions .. .. ......... ............ ......... ... 16 52 Wal-Matt Restrictions..,.,,,.. ., ,,... .., ........ .. ........ _. 16 5 3 Shopping Center Restriction _ ......... ..... ...... _, ...... ,, ............_ 16 6. MAINTENANCE STANDARDS.. ..........................................................»...........................». 18 6.1 Maintenance Obligations ..... .. ,,......,. .....,. .,... ..................18 6.2 Duty to Maintain ...,.. ., ....,, ..,,, . .._.,,._. . ............ 19 6 3 Contribution to Maintenance of Railroad Crossing ..... ............. .,... ... ..,... 19 6 4 Indemnity Against Liens........ ..... ......... .. ....... ...,.... .... _. 18 7. LIGHTING.......».........._ .........................»...................................................................»».....20 8. PAYMENT OF TAXES.......»...».....»..» ................................................................................ 20 8.1 taxes and Assesments...,._. .... ..... .. . . .. .... .,,.,,... ._ ......,.20 8,2 Failure to Pay Iaxes and Assessments, ... ...... _ .. .. ...... 20 9.. Successors and Assigns; Limitation on Release ......................................................»............. 20 10. DEFAULT ....................................................................._.....................»........................... 21 10.1 Defautt ......,..... _.. ... .,_ .. ..._.., .. 21 10.2 Self-Help ... ,.., ._ ......... .......... .. ..... .. _..,,. ... .., . ......., ..._ 21 10.3 Remedies Cumulative ....,_ . ,...... _ .,,.. ...., ......_. 21 Il. LIEN FOR EXPENSES OR TAXES ...............»............................................»...........»..... 21 ]1.] Effectiveness ofLren....,., .. .... ........ .......... ....._,.... 21 11.2 Priority of Lien .. ...... ....., ...., _.. ........ _ 22 113 Contesting J Alternative Secwity ........,. _ ..._..,_... _ ...... 22 12. LLABII,ITY INSURANCE; INDEMNIFTCATION ........................................................... 22 12,1 Liability Insurance ... .,... .. .,. . _ ... ., _ ... ... ............. .............. 22 12.2 Insurance CoverageI)wingConstrvetion..._.... .., ...,.. .............._........,..... .23 12.3 Indemnification by Owners ......, ....... . ........ ....... _... 24 12.4 _.......__ _ _.,. _... _ ........ 25 13. PROPERTY DAMAGE AND EMINENT DOMAIN..» .................................................... . 25 13..1 DamagatoBuildings,.... _ ...... ........._ ..... ,...,. ....._......... .25 13..2 Casualty Damage to Common Areas . . ,.,... _... ...,_,. .... _..... ............ . 26 13.3 Propertylnsurance.,_..,.. __.., _...,. ......., .. .. ................. .26 1.3.4 Waiver of Subrogation ....,,. ..._... .... ..,._ 26 13..5 EminentDomam.,..,..,... ......... .,... ,....... _ .27 14. GENERAL PROVISIONS» ............................................................................................... 27 14.1 Covenants Run With the Land ........,, _ ...., ... _....., .. ............ ...... 27 14.2 No Public Dedication..... ,..._ ,. ..... .... .. . 27 14,3 Dwation...... ,....,.. .....,.. ....... ......,_... 27 14.4 Injunctive Relref ............ ........ .. .. , . ........ .......... ........., ....,. 27 14.5 Modification and Termination ., ..._ ,.,_ ...._ ....... _............ 28 ]4..6 MedrodofApproval ...... ............ ......... .....,.. ... .. _..._.,.............. 28 14..7 Multiple Owners . .......... .. ........ ..., .,... ._..... ....._.... . 28 14.8 Estoppel Certificates _ .... .. ........... .,.. .,........ ...........,....... 28 149 Bteach Shail Not Permit Iermination _..... .............. ... 29 1410 Notices.._.... ., _ ,..... _..... 29 14.11 Waiver .._.... _.,..., „ ....... . . ...._.. . .... .. ... _,. 30 14.12 Contest ......... ...... _..... ... .,.... _,.......,.,..., ... _.... . _ .... . _..... 30 14.13 Severability ... .. ... . ....... _. _... ....................... 30 14,14 NotaPaztttershtp .... ...... ........... ......... ... ,. .... _. ... .... . 31 14..15 Captions and Headings..... .. . .., .. ,.._,. _... 31 14.16 Interpretation. ._. _.. .,.... ........ _ .............. 31 14,17 EntireAgraemmt.,...,....., ..,...... _ ...... ... .. .. ...,.... 31 14.18 Joint andSeverelObliga6ons.....,,.,.. ........ .. ... .. .. ...... .. _. 31 14.19 .. _ .. 31 14,20 Recada8on. ........... ........ ... .. ...._ . ..._. ........ _......... 31 14.21 Limitation on Liabitity ..... ............ .......... _.. _. _ ... 31 14,22 LienholderProtection,........ _... ....,. .,,... ..................32 14.23 Vaciances.._...,.. _....,, ......... ........... .......,. .,.... .. ..................32 14.24 Iime of'Essence _...... .. ._,. .... _ .,...... .....,,..,, 32 14.25 Counte,pa,ts ... _. _ . .. ..... ...................32 14.26 Effective Date ... _ ., _ .... .......... .,. _ . ,._ _.., .. _........ 32 r ~,naounesmes w.yoe~n~ z.P oe oe of ao~ Exhibit B HOPPING CENTER DESCRIPTION (EXCLUDES LOT 38.4 A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP, HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE DAYCO NGS MONUMENT, THENCE N37°21'19"E, 793,64 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF HYAT7 CREEK ROAD (SR 1184) AND THE CENTERLINE OF RICHALND CREEK TO THE POINT OF BEGINNING; CONTINUING ALONG THE CENTERLINE OF RIGHLAND CREEK AND FOLLOWING 22 CALLS; N31°25'48'1N, 132.02 FEET; THENCE N42°23'34°W, 60.01 FEET; THENCE N23°31'11°W, 30.70 FEET; THENCE N01°44'31"E, 32.36 FEET; THENCE N15°22'47°E, 115,46 FEET; THENCE N15°09'15'E, 55.27; THENCE NOB°00'28'E, 85.71 FEET; THENCE N02°23'36°W, 44.72 FEET; THENCE N03°48'16"E, 40.28 FEET; THENCE N73°17'23"E, 25.29 FEET; THENCE N22°02'S8'E, 9.14 FEET; THENCE N21°23'42"E, 22.09 FEET; THENCE N32°34'35°E, 87 54 FEET; THENCE N48°49'30°E, 35,86 FEET; THENCE N25°32'S7'E, 61.73 FEET; THENCE N27°25'42°E, 159.15 FEET; THENCE N32°33'17°E, 180.92 FEET; THENCE N21°25'05"E, 186.b5 FEET; THENCE N28°19'S3"E, 313.01 FEET; THENCE N79°26'53"E, 365 BO FEET; THENCE N08°10'28"E, 45.57 FEET; THENCE N13°57'12'E, 75,54 FEET TO THE POINT OF INTERSECTION OF RICHLAND CREEK AND ALLEN CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF ALLEN CREEK AND THE FOLLOWING 9 CALLS; 571°21'02"E, 74.35 FEET; THENCE S54°20'12°E, 39.50 FEET; THENCE S57°42'21°E, 116.97 FEET; THENCE S51°28'31'E, 76.50 FEET; THENCE S46°O4'03'E, 84.71 FEET; THENCE S44°01'S5'E, 117,88 FEET; THENCE S40°38'26`E, 124.45 FEET; THENCE S39°52'01°E, 149,60 FEET; THENCE S48°45'50°E, 75.00 FEET TO A PK NAIL IN THE CENTERLINE OF THE MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-0F--WAY; THENCE CONTINUING ALONG THE CENTERLINE RAILWAY RIGHT-OF--WAY S17°25'43"W, 393.60 FEET TO A POINT ON THE NORTH SIDE OF A PUBLIC RIGHT-0f-WAY; THENCE LEAVING THE CENTERLINE OF SAID RAILROAD RIGHT OF WAY AND CONTINUING ALONG SAID PUBLIC RIGHT-OF-WAY AND THE FOLLOWING 10 CALLS; N72°34'18"W, 39.13 FEET; THENCE N10°3419°E, 11.34 FEET; THENCE N17°25'42'E, 27.24 FEET; THENCE N72°34'18"W, 50.00 FEET; THENCE S17°25'42"W, 27 24 FEET; THENCE A 88.50 RADIUS CURVE TO THE LEFT 9.36 FEET, (HAVING AN INCLUDED ANGLE OF 7°49'51°, AND LONG CHORD BEARING S13°32'08°W, 9.38 FEET); THENCE S09°37'12°W, 108.73 FEET; THENCE S80°22'48°E, 50.00 FEET; THENCE N09°3T12'E, 38,37 FEET; THENCE S72°34'19"E, 31.04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-0F-WAY; THENCE LEAVING SAID PUBLIC RIGHT OF WAY AND CONTINUING ALONG THE CENTERLINE OF RAllROAD RIGHT OF WAY S17°25'43"W, 685.35 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF BALSAM ROAD (U.S. 23 SUS. (NCSR 1243)); THENCE S47°35'51°W, 100 21 FEET; ALONG THE WESTERLY RIGHT-0F-WAY OF BALSAM ROAD (U S 23 BUS (NCSR 1243)); THENCE A 457.00 FOOT RADIUS CURVE TO THE LEFT 167.69 FEET (HAVING AN INCLUDED ANGLE OF 21°01'27° AND LONG CHORD BEARING S37°O5'07"W, 168.75 FEET); THENCE A 663.50 FOOT RADIUS CURVE TO THE LEFT 2918 FEET (HAVING AN INCLUDED ANGLE OF 2°31'13' AND LONG CHORD BEARING 836°24'42"W, 29.18 FEET); THENCE A 663,50 FOOT RADIUS CURVE TO THE LEFT 39.49 FEET (HAVING AN INCLUDED ANGLE OF 3°24'37" AND LONG CHORD BEARING 833°26'47"W, 3949 FEET); THENCE CONTINUING ON SAID ROAD RIGHT-0F- WAY ON A 337.52 FOOT RADIUS CURVE TO THE LEFT 54 86 FEET (HAVING AN INCLUDED ANGLE OF 9°16'44" AND LONG CHORD BEARING S20°47'36"W, 54.80 FEET); THENCE S15°21'30°W, 49.80 FEET; THENCE A 53.50 FOOT RADIUS CURVE TO THE RIGHT 80.47 FEET (HAVING AN INCLUDED ANGLE OF 88°10'37" AND LONG CHORD BEARING S58°28'49'1N, 73.10 FEET), LEAVING SAID ROAD RIGHT-OF-WAY AND CONTINUING ON THE NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (NCSR 1164); THENCE N78°27'48°W 157.74 FEET; THENCE A 37.00 FOOT RADIUS CURVE TO THE RIGHT 33.37 FEET (HAVING AN INCLUDED ANGLE OF 51°40'18" AND LONG CHORD BEARING N52°37'37"W, 32.25 FEET); THENCE A 37.00 FOOT RADIUS CURVE TO THE RIGHT 21 78 FEET (HAVING AN INCLUDED ANGLE Of 33°44'03", AND LONG CHORD BEARING S75°28'54"W, 21.47 FEET); THENCE N82°17'28"W, 27..81 FEET; THENCE N78°21'26°W, 234.88 FEET TO THE POINT ON THE CENTERLINE OF RICHAAND CREEK AND THE POINT OF BEGINNING; ~'. Exhibit B LOT 3 DESCRIPTION A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP, ', HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE DAYCO NGS MONUMENT, THENCE N37°21'19"E, 793.54 FEET TO A POINT ON THE NORTHERLY RIGHT-0F-WAY OF HYATT CREEK ROAD (SR 1164) AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF RICHALND CREEK AND THE FOLLOWING 18 CALLS; N31°25'46°W, 132.02 FEET; THENCE N42°23'34°W, 60.01 FEET; THENCE N23°31'11 W, 30.70 FEET; THENCE N01°44'31 E, 32.38 FEET; THENCE N15°22'4TE,115.46 FEET; THENCE N15°09'15°E, 55.27 FEET; THENCE N08°Od28"E, 65.71 FEET; THENCE N02°23'38°W, 44.72 FEET; THENCE N03°48'16°E, 40.25 FEET; THENCE N13°1723"E, 25 29 FEET; THENCE N22°02'S8°E, 9.14 FEET; THENCE N21°23'42'E, 22.09 FEET; THENCE N32°34'35°E, 57.54 FEET; THENCE N48°49'30°E, 35.88 FEET; THENCE N25°32'67"E, 81.73 FEET; THENCE N27°25'42"E, 159.15 FEET; THENCE N32°33'17"E, 180.92 FEET; THENCE N21°25'05°E, 116.93 FEET; THENCE LEAVING THE CENTERLINE OF RICHALND CREEK; 868°75'OSE, 438.42 FEET; THENCE N21°44'31'E, 4766 FEET; THENCE S68°15'05°E, 114.00 FEET; THENCE N21°44'S0'E, 126 00 FEET; THENCE S88°15'OB°E, 191.05 FEET TO A POINT ON A PUBLIC ROAD RIGHT-OF--WAY; THENCE CONTINUING ON SAID ROAD RIGHT-OF-WAY AND THE FOLLOWING 4 CALLS; S09°3T12"VY, 95.37 FEET; THENCE S80°22'48°E, 50.00 FEET; THENCE N09°3T12°E, 38.37 FEET; THENCE 872°34'19"E, 31.04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-0F--WAY AND THE POINT OF BEGINNING; THENCE S72°34'19'E, 26.67 FEET; THENCE A 68.40 FOOT RADIUS CURVE TO THE RIGHT 70.85 FEET (HAVING AN INCLUDED ANGLE OF 61°08'24", AND LONG CHORD BEARING S42°33'13'E, 67.54 FEET); THENCE ', S12°02'22°E, 208.04 FEET; THENCE A 113,50 FOOT RADIUS CURVE TO THE LEFT 42..87 FEET ', (HAVING AN INCLUDED ANGLE OF 21°38'37", ANp LONG CHORD BEARING 822°51'41"E, 42.82 FEET); THENCE A 36.58 FOOT RADIUS CURVE TO THE RIGHT 52.58 FEET (HAVING AN INCLUDED ANGLE OF 82°22'05°, AND LONG CHORD BEARING SO6°55'43"W, 4817 FEET) TO A POINT ON THE NORTHERLY RIGH-OF-WAV OF MAIN STREET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S47°35'51"E, 443.47 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-OF-WAY; THENCE LEAVING SAID ROAD RIGHT-OF-WAY N17°25'43'E, 878,19 FEET ALONG SAID RAILWAY RIGHT-OF-WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1 99 ACRES MORE LESS. SAID PARCEL CONTAINS 34.32 ACRES MORE LESS Exhibit B LOT 4 DESCRIPTION A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP, HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE DAYCO NGS MONUMENT, THENCE N37°21'19"E, 793.54 FEET TO A POINT ON THE NORTHERLY RIGHT-0F-WAY OF HYATT CREEK ROAD (SR 1164) AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF RICHLAND CREEK AND THE FOLLOWING 18 CALLS; N31°25'46'W, 132.02 FEET; THENCE N42°23'34'W, 60.01 FEET; THENCE N23°31'11°W, 30,70 FEET; THENCE N01°44'31 E, 32.38 FEET; THENCE N15°22'47°E, 115.48 FEET; THENCE N15°09'15"E, 55.27 FEET; THENCE N08°00'28"E, 65.71 FEET; THENCE N02°23'38°W, 44.72 FEET; THENCE N03°48'16"E, 40.28 FEET; THENCE N13°17'23"E, 25.29 FEET; THENCE N22°02'S8'E, 9.14 FEET; THENCE N21°23'42"E, 22.09 FEET; THENCE N32°34'35"E, 87.54 FEET; THENCE N46°49'30°E, 35.86 FEET; THENCE N25°32'57°E, 61.73 FEET; THENCE N27°25'4YE, 159.15 FEET; THENCE N32°33'1TE, 160.92 FEET; THENCE N21°25'05'E, 116.93 FEET; THENCE LEAVING THE CENTERLINE OF RICHALND CREEK S68°15'08E, 438 42 FEET; THENCE N21°44'31'E, 47.88 FEET; THENCE S68°15'08°E,114.00 FEET; THENCE N21°44'50"E, 128 00 FEET; THENCE S68°15'OB'E, 191.05 FEET TO A POINT ON A PUBLIC ROAD RIGHT-0F--WAY; THENCE ALONG SAID PUBLIC RIGHT OF WAY AND FOLLOWING 4 CALLS; THENCE S08°37'1YE, 95.37 FEET; THENCE S80°22'48'E, 50,00 FEET; THENCE N09°37'12°E, 38.37 FEET; THENCE S72°34'19'E, 31.04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT- OF-WAY; THENCE ALONG SAID CENTERLINE OF RAILROAD RIGHT OF WAY N17°25'43'E, 59.00 FEET LEAVING THE SOUTHERLY PUBLIC ROAD RIGHT-0F-WAY TO A POINT ON THE NORTHERLY SIDE OF A PUBLIC ROAD RIGHT-0F-WAY AND POINT OF BEGINNING; THENCE N17°25'43'E, 393.60 FEET ALONG SAID CENTERLINE OF RAILWAY RIGHT-OF-WAY TO A PK NAIL AT THE INTERSECTION WITH ALLEN CREEK; THENCE LEAVING SAID RAILWAY RIGHT-0F-WAY S56°43'27°E, 60.17 FEET; THENCE S77°64'2TE, 56.23 FEET; THENCE S10°04'38'E, 250.97 FEET; THENCE SOS°34'46°E, 109.44 FEET; THENCE 577°25'16°W, 193..72 FEET TO A POINT ON THE NORTHERLY PUBLIC ROAD RIGHT-0F--WAY; THEN CONTINUING ON SAID PUBLIC ROAD RIGHT- OF-WAY ON A 106.50 FOOT RADIUS CURVE TO THE LEFT 92.66 FEET (HAVING AN INCLUDED ANGLE OF 49°50'52", AND LONG CHORD BEARING N47°38'S2°W, 89.76 FEET'); THENCE N72°34'18°W, 23.39 FEET TO THE CENTERLINE OF SAID RAILWAY RIGHT-0F--WAY AND THE POINT OF BEGINNING Exhibit B-1 LOT 2 DESCRIPTION A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP, HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE DAYCO NGS MONUMENT, THENCE N37°21'79"E, 793 54 FEET TO A POINT ON THE NORTHERLY RIGHT-0F--WAY OF HYATT CREEK ROAD (SR 1164) AND THE CENTERLINE OF RICHLANO CREEK AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTERLINE OF R(CHLAND CREEK AND THE FOLLOWING 8 CALLS; N31°25'48'W, 132..02 FEET; THENCE N42°23'34'W, 80.01 FEET; THENCE N23°31'11'W, 30.70 FEET; THENCE N01°44'31E, 32 38 FEET; THENCE N15 °22'47E, 115,48 FEET; THENCE N15°09'1SE, 55.27 FEET; THENCE N08°00'28'E, 65.71 FEET; THENCE N02°23'36°W, 44.72 FEET; THENCE LEAVING THE CENTERLINE OF RICHLAND CREEK S67°12'49°E, 78.33 FEET; THENCE S01°29'10'E, 46.32 FEET; THENCE S39°29'S6°E, 60.96 FEET; THENCE S67°12'49°E, 390.20 FEET; THENCE S24°52'50'4V, 288.55 FEET; THENCE A 37.00 FOOT RADIUS CURVE TO THE RIGHT 43.58 FEET (HAVING AN INCLUDED ANGLE 87°28'04°, AND LONG CHORD BEARING S58°36'53'1N, 41,09 FEET) TO A POINT ON THE NORTHERLY RIGHT-0F-WAY OF HYATT CREEK ROAD (NCSR 1164); THENCE CONTINUING !, ALONG THE NORTHLY RIGHT OF WAY OF HYATT CREEK ROAD 582°1T28'E, 27.81 FEET; THENCE N78°21'26°W, 234.68 FEET TO THE POINT ON THE CENTERLINE OF RICHLAND CREEK AND THE POINT OF BEGINNING; , SAID PARCEL CONTAINS 3 81 ACRES MORE LESS, SAID PARCEL CONTAINS 1,81 ACRES MORE LESS. Exhibit B-2 T 5 DESCRIPTION A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP, HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE DAYCO NGS MONUMENT, THENCE N37°21'19°E, 793,54 FEET TO A POINT ON THE NORTHERLY RIGHT-0F-WAY OF HYATT CREEK ROAD (SR 1184) AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF RICHLAND CREEK AND THE FOLLOWING 18 CALLS; N31°25'46W, 132.02 FEET; THENCE N42°23'34W, 80.01 FEET; THENCE N23°31'11 W, 30..70 FEET; THENCE N01°44'31 E, 32.36 FEET; THENCE N15°22'4TE,115.48 FEET; THENCE N1b°09'15'E, 55.27 FEET; THENCE NOB°00'28'E, 65 71 FEET; THENCE N02°23'38W, 44.72; THENCE N03°48'16'E, 40.28 FEET; THENCE N13°17'23'E, 25.29 FEET; THENCE N22°02'S6'E, 9.14 FEET; THENCE N21°23'42'E, 22.09 FEET; THENCE N32°34'35'E, 67.54 FEET; THENCE N48°49'30'E, 35.88 FEET; THENCE N25°32'5TE, 81.73 FEET; THENCE N27°25'42'E, 15915 FEET; THENCE N32°33'1TE, 160.92 FEET; THENCE N21°25'05'E, 116.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CETNERLINE OF RICHLAND CREEK AND THE FOLLOWING 5 CALLS; N21°25'O5'E, 69..62 FEET THENCE N28°79'53'E, 313.01 FEET; THENCE N19°28'53'E, 365.80 FEET; THENCE N08°10'26'E, 45.57 FEET; THENCE N13°57'12'E, 75.54 FEET TO THE POINT OF INTERSECTION OF RICHLAND CREEK AND ALLEN CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF ALLEN CREEK AND THE FOLLOWING 9 CALLS; S71°21'02'E, 74.35 FEET; THENCE S54°20'12'E, 39.50 FEET; THENCE 857°42'21"E, 116.87 FEET; THENCE S51°28'31°E, 78.50 FEET; THENCE S48°04'03'E, 8471 FEET; THENCE S44°01'S5"E, 117..88 FEET; THENCE S40°36'28'E, 124.45 FEET; THENCE S39°52'01°E, 149.80 FEET; THENCE S48°45'S0"E, 75.00 FEET TO A PK NAIL IN THE CENTERLINE OF THE MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-0F-WAY; THENCE CONTINUING ALONG THE CENTERLINE RAILWAY RIGHT-0F--WAY S17°25'43W, 393.60 FEET TO A POINT ON THE NORTH SIDE OF A PUBLIC RIGHT-0F-WAY; THENCE LEAVING SAID CENTERLINE OF RAILROAD RIGHT OF WAY AND CONTINUING ALONG SAID PUBLIC RIGHT-0F-WAY AND THE FOLLOWING 7 CALLS; N72°34'18W, 39.13 FEET; THENCE N10°30'19'E, 11.34 FEET; THENCE N17°25'42'E, 27.24 FEET; THENCE N72°34'18W, 50.00 FEET; THENCE S77°25'42W, 27.24 FEET; THENCE A 68 50 RADIUS CURVE TO THE LEFT 9.36 FEET, (HAVING AN INCLUDED ANGLE OF 7°49'51', AND LONG CHORD BEARING S13°32'OBW, 9.36 FEET); THENCE 309°37'12W, 11.36 FEET; THENCE LEAVING SAID PUBLIC RIGHT-0F-WAY N68°15'OBW, 191.05 FEET; THENCE S21.44'50W, 126 00 FEET; THENCE N88°15'08W, 114.00 FEET; THENCE S21°44'31 W, 47,68 FEET; THENCE N88°15'08W, 436.42 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 12 45 ACRES MORE LESS Exhibit B-3 LOT 6 DESCRIPTION A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP, HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE DAYCO NGS MONUMENT, THENCE N37°21'19"E, 793.54 FEET TO A POINT j ON THE NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1184) AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF RICHLAND CREEK AND THE FOLLOWING 8 CALLS; N31°25'46W,132.02 FEET; THENCE N42°23'34W, 80 01 FEET; THENCE N23°31'11W, 30.70 FEET; THENCE NOt°44'31 E, 32.36 FEET; THENCE N15°22'4TE, 115.46 ', FEET; THENCE N15°09'15°E, 55.27 FEET; THENCE N08°00'28"E, 65.71 FEET; THENCE N02°23'38W, 44.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTERLINE OF RICHLAND CREEK THE FOLLOWING 13 CALLS; THENCE N03°48'18'E, 40..28 FEET; THENCE ~ N13°17'23"E, 25.29 FEET; THENCE N22°02'58'E, 9.14 FEET; THENCE N21°23'42'E, 22.09 FEET; THENCE N32°34'35'E, 87.54 FEET; THENCE N46°49'30'E, 35.86 FEET; THENCE N25°32'57"E, 61,73 FEET; THENCE N27°25'42"E, 159..15 FEET; THENCE N32°33'17°E, 160.92 FEET; THENCE N21°25'05"E, 118.93 FEET; THENCE LEAVING THE CENTERLINE OF RICHLAND CREEK 868°i5'08E, 438.42 FEET; THENCE N21°44'31°E, 47.66 FEET; THENCE S68°15'08°E, 114.00 FEET; ' THENCE N21°44'50°E, 128.00 FEET; THENCE 888°15'08°E, 191.05 FEET TO A POINT ON A PUBLIC RIGHT OF WAY; THENCE CONTINUING ALONG SAID RIGHT OF WAY AND THE FOLLOWING 4 CALLS; S09°3T12W, 95.37 FEET; THENCE S80°22'48'E, 50.00 FEET; THENCE N09°3T12'E, 38.37 ~I FEET; THENCE S72°34'19'E, 31.04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-OF-WAY; THENCE LEAVING SAID PUBLIC RIGHT OF WAY AND CONTINUING ALONG THE CENTERLINE OF RAILROAD RIGHT OF WAY S17°25'43W, 885.35 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF BALSAM ROAD (U. S, 23 BUS. (NCSR 1243)); THENCE S47°35'51 W, 100.21 FEET; ALONG THE WESTERLY RIGHT-0F-WAY OF ' BALSAM ROAD (U.S 23 BUS.(NCSR 1243)); THENCE A 457.00 FOOT RADIUS CURVE TO THE LEFT 167 69 FEET (HAVING AN INCLUDED ANGLE OF 21°01'2T ANO LONG CHORD BEARING S37°05'OTW, 18675 FEET); THENCE A 683.50 FOOT RADIUS CURVE TO THE LEFT 29.18 FEET (HAVING AN INCLUDED ANGLE OF 2°31'13° AND LONG CHORD BEARING S36°24'42W, 29.18 FEET); THENCE N6659'17W, 7,18 FEET; THENCE N29°24'41°E, 25.94 FEET; THENCE A 136.00 FOOT RADIUS CURVE TO THE LEFT 89.10 FEET (HAVING AN INCLUDED ANGLE OF 37°32'OT, j AND LONG CHORD N85°58'52W, 87.51 FEET); THENCE N67 12'49W, 98.74 FEET; THENCE A 27,50 ~ F007 RADIUS CURVE TO THE LEFT 42.19 FEET (HAVING AN INCLUDED ANGLE OF 87°54'21' AND LONG CHORD BEARING S68°50'01 W, 38.17 FEET); THENCE S24°52'50°E, 156.66 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF HYATT CREEK ROAD ON A 37.00 FOOT RADIUS CURVE TO THE RIGHT 33.37 FEET (HAVING AN INCLUDED ANGLE OF 51°40'18", AND LONG CHORD S00°57°19"E, 32.25 FEET); THENCE N81°16'10W, 107.53 FEET TO THE POINT OF BEGINNING; THENCE A 37.00 FOOT RADIUS CURVE TO THE RIGHT 21 78 FEET (HAVING AN INCLUDED ANGLE 33°44'03", AND LONG CHORD BEARING N41°44'52"E, 21.47 FEET); THENCE N24 52'50"E, 268..55 FEET; THENCE N87°12'49W, 390.20 FEET; THENCE N39°29'56W, 60.96 FEET; ', THENCE N01°29'10W, 48.32 FEET; THENCE N67°12'49°W, 78.33 FEET TO A POINT ON THE ', CENTERLINE OF RICHLAND CREEK AND THE POINT OF BEGINNING.. SAID PARCEL CONTAINS 17.15 ACRES MORE LESS Exhibit B-4 LOT 4 DESCRIPTION A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP, HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE DAYCO NGS MONUMENT, THENCE N37°21'19"E, 793.54 FEET TO A POINT ON THE NORTHERLY RIGHT-0F--WAY OF HYATT CREEK ROAD (SR 1184) AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF RICHLAND CREEK AND THE FOLLOWING 18 CALLS; N31°25'48W, 132.02 FEET; THENCE N42°23'34°1N, 60.01 FEET; THENCE N23°31'11°W, 30.70 FEET; THENCE N01°44'31E, 32.38 FEET; THENCE N15°22'47"E, 115.46 FEET; THENCE N15°09'15"E, 55.27 FEET; THENCE N08°00'26`E, 65.71 FEET; THENCE N02°23'38°W, 44.72 FEET; THENCE N03°48'16'E, 40.28 FEET; THENCE N13°1T23°E, 2529 FEET; THENCE N22°02'S6'E, 9.14 FEET; THENCE N21°23'42°E, 22.09 FEET; THENCE N32°34'35°E, 87.54 FEET; THENCE N46°49'30°E, 35.86 FEET; THENCE N25°32'57'E, 81.73 FEET; THENCE N27°25'42"E, 159.15 FEET; THENCE N32°33'1'7°E, 160.92 FEET; THENCE N21°25'05"E, 116.93 FEET; THENCE LEAVING THE CENTERLINE OF RICHALND CREEK SB8°15'08E, 436 42 FEET; THENCE N21°44'31'E, 4786 FEET; THENCE S66°16'08°E, 114.00 FEET; THENCE N21°44'50'E, 126..00 FEET; THENCE S68°15'08°E, 191. D5 FEET TO A POINT ON A PUBLIC ROAD RIGHT-0F-WAY; THENCE ALONG SAID PUBLIC RIGHT OF WAY AND FOLLOWING 4 CALLS; THENCE S09°37'12'E, 95..37 FEET; THENCE S80°22'48°E, 50.00 FEET; THENCE N09°3T12"E, 38.37 FEET; THENCE S72°34'19°E, 31.04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DMSION OF SOUTHERN RAILWAY RIGHT- OF WAY; THENCE ALONG SAID CENTERLINE OF RAILROAD RIGHT OF WAY N17°25'43°E, 59,00 FEET LEAVING THE SOUTHERLY PUBLIC ROAD RIGHT-0F--WAY TO A POINT ON THE NORTHERLY SIDE OF A PUBLIC ROAD RIGHT-0F-WAY AND POINT OF BEGINNING; THENCE N17°25'43"E, 393.60 FEET ALONG SAID CENTERLINE OF RAILWAY RIGHT-0F-WAY TO A PK NAIL AT THE INTERSECTION WITH ALLEN CREEK; THENCE LEAVING SAID RAILWAY RIGHT-OF-WAY 556°43'2TE, 60.17 FEET; THENCE S77°54'27°E, 56.23 FEET; THENCE S10°04'38'E, 250.97 FEET; THENCE S05°34'48'E, 109,44 FEET; THENCE S77°25'16'YV, 193.72 FEET TO A POINT ON THE NORTHERLY PUBLIC ROAD RIGHT-OF-WAY; THEN CONTINUING ON SAID PUBLIC ROAD RIGHT- OF-WAY ON A 108.50 FOOT RADIUS CURVE TO THE LEFT 92.66 FEET {HAVING AN INCLUDED ANGLE OF 49°50'52", AND LONG CHORD BEARING N47°38'52°W, 89.76 FEET); THENCE N72°34'18"W, 23.39 FEET TO THE CENTERLINE OF SAID RAILWAY RIGHT-0F-WAY AND THE POINT OF BEGINNING, SAID PARCEL CONTAINS 1 81 ACRES MORE LESS S ''~ Fj M.~ ~ ~~~CFm ~~ a ~~ _ ~ ~ ~ N 4 ~.~ E F p ~ 0 ~ n ~ ~ M P c'~'ST ~ ''~ ~ C' VI ~ P~B Y ,1, ~Y ~ r1i ~ '~ C ~ ~ €~ ~~ ~~ g 4 ~ $ ~ - ~ B ~ g 4 § ~ - a ~ ~ 5 ® 1 ?t ~ ~ a ~ ';~ s ~ ~s ~ ~ m ~ n ~ ~ ~ '~ g m s z Gl ~ u y Y~ :JLU ~ ~ ~ G 9i ~ ~ ~ m F s b [ ~ ~ s 3 ~ ~~ ~~~ ~ IC ~ a ~ ~ ° N G Ba ~ A C1C^ ~ Q ~ ~i ~ ^ e ~ e~ ~ a ! ~ ~ ~ 0 r n U Q F o /~ .c W m C Exhibit C Caen: oe.,.~ M ITEM &ENGE I4 YWx SI.xx1ERMICE U1. See - W. TRiexxx aETlvmlW61N1 /M1l ~ - ~:~ 215'REVE01 ydy® SxxtengN •~ {NI(a ttAl[ cuss[rs L a Wxane¢IF mu ~' qVY~ ~J pRx~-"r.e"~Lr.~ ^ _ YK ~ a N- MK 2ri"RELNWfR W/1 ri'pN0ERB0116 , BARLD: si -- sr uan: u.eoDE ~ ~: DKC+en FxeaC: Wix1E LECAx RO' S54' Copy f.ORPaRlTE STIIxaARaS ~ ~~.- vl. . I6 • ' :l+~ 811RLOMIX ~ r v.r -i POlFS . Is 7 Qael __T195pl.._. ___... Ex. SEEEI vWnmw~. LAxDSUMNGir O/HERS ~ ~ SCALE: 3/16'=1' ~ NWOVi C DMew,WS L. aroux, ~u. x.ulWUr roE[COWRDl. 9ExalwID SRWE~SPLaFMEf&lNOEI51300-e1 sILxIE eRSE er Dlxfxs vl[ ro SUE,IXWRT OIFLIE FN elRLa ~ UOUBLf FgCEDRLUMNA1ED51GN. [ION SE EMEfRAxEE ~~ vmn: c o.w W,a WISEWUx,fACYW _ ________..___.ri ,-.... SMeTIM u m m.. xwlx. E.®. selrae~ ~mw.crmxfmucawaoxs eumals,wEFap~apRESVrtapoaar. SEE GCIWI$/iMRfSip fAIOR Wxx Cum. Fewer emi 6.Px New Sxai louxxe: CaR6ER xYgR dEEx R'1YNESwAE. xC m~ F~~ RWeex ~. a_~~T ~, I'GNS ~xx.lere.n ^Na.H~tr aoxRxe IRFnmxs [xmxw xeoe LfD xlD osier D..C •. BNa nx.~.nasom nwsrx ERM G'ENERALINFQ ersa: x.wo [xrors r.a.s "~' MRilF18 x.wFx.x.FOSr/omr ~I WDEie IWUFm.wF OIY ~ SR'N' Yf3 •••• ~ . . -• • a ~xH1I5WIk L9MtlX4000MM1r8-047 SY LOSS i,ILL~ xorvxL ExWxI: NmIM MaI xxxnxa .. , C ~ 1~ IWwwa~n. ~ `94~ ~~ ~ 06AI-65 ~i i Oi 3 Home Depot is permitted to expand its sign panel to include the gray area on both aides of the panel shown above. Exhibit D -Waynesville Town Center Waynesville, NC Prepared by Wade Trim Group, Inc. Number Sheet Issue Date ev Date C-0..1 Cover Sheet _~___ _______ C-0.2 Existing Topography 10/10/06 4/30/07 C-0.3 Demolition Plan 10/10!06 4!30/07 C-1.0 Site Plan 10/10/06 4/30/07 C-1 1 Site Details 10/10/06 4/30/07 C-12 SiteDeteils ]0/10/06 4!30/07 C-1.3 Curbed Island DetaiLa 10/10/06 4/30/07 C-1..4 Construction Specifications 10/10/06 4/30/07 C-1.5 Construction Specifications 10/10/06 4/30/07 C-2..0 Grading Plan 10/10/06 4/30/07 G2.1 GradmgPlan 10/10/06 6/01/07 G2.2 Constuction Specifications 10/10/06 4/30/07 C-2..3 Construction Specifications 10/10/06 4030/07 G2.4 Retaining Wall Profiles & Cross Sections 10/10/06 4/30/07 G2.5 Retaining Wall Profiles & Cross Sections 10/10/06 4/30/07 G2..6 Retaining Wall Profiles & Cross Sections ] 0/10/06 4/30/07 C-3.0 Utility Plan 10/10/06 4!30/07 C-3.1 Utility Plan 10/1 W06 4130/07 0,3.2 Sanitary Sewer Profiles 10/10/06 4!30/07 C-3.3 Storm Sewer Profiles 10/10/O6 4/30!07 C-3..3a StormSewerProfilea 10/10/06 4/30/07 C-3.4 WatesMainProfiles 10/10/06 4/30/07 G3.5 Utility Details 10!10/06 4/30/07 C-3.6 Utility Details 10/10/06 4/30/07 C-3.7 Utility Details 10!10/06 4/30/07 C-3.8 Sand Filter Plan and Details 10/10/06 4/30/07 C-3.9 Utility Specifications 10/10/06 4/30/07 C~..O Site Lighting Plans (WLS) 10/10/06 4!30/07 G4.1 Site Lighting Circuit Plan 10/10/06 4/30/07 0-4.2 Site Lighting Details & Notes 10/10/06 4130!07 L-1 Tree Planting Plan 09!20/06 1/29!07 L-2 Enlarged Detail Planting Plan 09/20/06 I /11/07 Ira Landscape Specifications 09/20/06 1!29/07 C-6.0 SESGSWPP Plan-Phase I 10/10/06 4/30/07 C-6.1 SESGSWPP Plan-Phase II 10/10/06 4/30/07 C-6.2 SESGSWPP Details & Notes 10/10/06 4/30/07 G6.3 SESGSWPP Details & Notes 10/10/06 4/30/07 -1- IFID -Waynesville Iowa Cents Waynesville, NC 200510482 6/5/07 When recorded return to: Andrew R, Duff, Esq.. Amer Cunningham Co, L.P..A. 159 S. Main Street, Suite 1100 Alaon, OH 44308 RESIRICIION AGREEMENT AND GRANT OF EASEMENIS IHIS RESIRICIION AGREEMENT AND GRANT OF EASEMENIS (this "Agreement") is made as of , 2007, by and betwoen Waynesville Commons Retail Associates, L„L,C., a North Carolina limited liability company ("Developer"), Home Depot U.S.A, Inc., a Delaware corporation ("Home Depot") and Wal-Matt Stores East, LP, a Delaware limited partnership ("Wal- MarY~. PRELIMINARY 1,1. Patties: Developer is the Owner of the Developer Parcel end the Outparrxls, as well as the initial Bound lessor (the "Initial Ground Lessor") of the Home Depot Parcel and the Wal-Meet Parcel. Home Depot is the Ground Lessee of the Home Depot Parcel. Wal-Matt is the Ground Lessee of the Wel-Mart Parcel. the Parcels are located at the northwest quadrant of'Main Street and Hyatt Creek Road, in the City of Waynesville, County of Haywood, -State of North Carolina, as mote clearly delineated on the Site Plan.. 1..2 Pwpose: the Pmties plan to develop the Shopping Center as an integrated retail salsa complex for the mutual benefit of all Parcels in the Shopping Center and, thmefwe, do hereby £ix and establish the Easements and Restrictions upon and subject to which all of the Shopping Crntm, or any pert thereof, shall be improved, held, leased, sold and/or conveyed.. Such Easements and Restrictions shall run with the land and inure and pass with such Parcels and shall apply to and bind the respective successors in interests thereof and all and each Easement and Restriction is imposed upon such Parcels as a mutual equitable smvftude in favor of'such Parcels and any portion thmeof. 13. Defmitions: The following defined terms shall have the meanings set forth below for pwposes of'this Agreement. (a) "Adjacent 17 Acres": That certain real propmty to the west of the Shopping Center consisting of approximately sevrntern (17) acres, as identified on the Site Plan (b) "Agreement": This Restriction Ageemeni and Grant of Easements, (c) "Approved Plans": Site Plan, grading, drainage, utility, site lighting, landscaping and Pylon Signage plans for the Shopping Ceatm approved by the Consenting Ownms. Such Approved Plans for the Shopping Cantm are referenced on Exhibit "D" attached hereto and made a part hereof' (d) "Brownfields Agreement": The agreement(s) entered into by the North Carotins Department of Environment and Natural Resources and Developer (and/or its affiliate or predecessor in title) on or about April 5, 2007 for the Shopping Center related to the pro-existing contamination in, and the development of the Shopping Center.. (e) "Building": Any permanently enclosed struchrre placed, constructed or located on a Parcel, which shall include any appurtenarR canopies and supports. (i) "Building Area": All those areas on each Parcel designated es "Building Area" on the Site Plan.. (g) "Center Pylon Sign(s)": The pylon signs designated on the Site Plan but not including monument signs which may be located on the Outparcels.. (h) "City": The city of Waynesville, North Carolina.. (i) "Claims": Causes of action, claims, IiabiGties, losses, damages, costs and expenses (inchrding reasonable ettmneys' fees and court costs). (j) "Common Area": All those areas on each Parcel which arc not Building Area or Smvice Areas, togethm with those portions of the Building Area on each Parcel which are not from time to time actually coveted by a Building, Gardrn Center or being used as Outside Sales rUea, Canopies which extend over the Common Area, togethm with any columns or posts supporting same, shall be deemed to be a part of the Building to which they are attached and not a part of'the Common Area. the improvement or use of any portion of the Building Area as Common Area shalt not be construed as a permanrnt inclusion of such portion within the Common Area, and such portions may, of any time thereafter, be improved with Buildings and appwtenances as contemplated by this Ageement,. (k) "Consenting Owners": The Ground Lessee of'the Home Depot Parcel if a Bound lease is in effect; othmwise the Owner of'the Home Depot Parcel; the Cnound Lessee of the Wal-Mart Parcel if a giound lease is in effect; otherwise the Ownm of the Wal-Mart Parcel, and the Owner of the Developer Parcel; provided, however, that in the event any such Consenting Owner sells its Parcel and becomes the Prime Lessee thereon, such Prime Lessee shall be deemed appointed as the entity to cast the vote or give the consent for the Parcel on behalf of the Consenting Ownm so long as it is the Prime Lessee of said Parcel; provided fwther, howevm, is the event any such Consenting Ownm sells any portion, but not all, of its Parcel, then the Consenting Ownm as to such Parcel shall be that Owner who owns thc largest portion of Land Area within such Parcel, regardless of any ageemrnt to the wrmary. Ihere shall not be more than three (3) Consenting Ownms unless all existing Consenting Owners unanimously ogee to additional Consenting Ownms. (l) "Default Rate": the greater of (i) ten pmcent (10%) pm annum or (ii) the prime rate plus three percent (3%). As used herein, "prima rate" shall mean the rate of interest published fiom time to time as the "Prime Rate" in the Wall Street.Iownal under the heading "Money Rates"; provided, however, that (i) if moro then one such rate is published therein the prime rate shalt be the highest such rate, and (ii) if'such rate is no longm published in the Wall Streat.Jomnal or is otherwise unavailable, the prime rata shall be a substantially comparable index of short from loan interest rates charged by U S. banks to corporate borrowers selected by the Consenting Owners. (m) "Developer": Waynesville Commons Retail Associates, L.L.C., a North Cmolina limited liability, its successors and assigns.. (n) "Developer Parcel": the Parcel legally described on Exhibit B-1 and identified on the Site Plan as Outparcel 2 or the "Developer Parcel.." (o) "Development Agreement -Home Depot": Ihat certain Development Agreement between Developer and Home Depot which encumbers the Home Depot Parcel, and Essential Appurtenances (as defined in the Development Agreement -Home Depot) a memorandum of'which may be recorded concurrently with this A~eement. (p) "Development Agreement - Wal-Mart": That certain Development Agreement between Developer and Wal-Mart which encumbers the Wal-Mart Parcel, a memorandum of which may be recorded concurrently with this Agreement. (q) "Easements": the easements fixed and established upon the Shopping Center pursuant to this Agreement.. (r) "Floor Area": the total number of square feet of floor space on each floor in a Buiding, including basement, subterranean, balcorry and mezzanine space, irrespective of whether actually occupied, and including any outdoor seating area used exclusively by an Owner or Occupant for its Permitteas, Floor Area shall be measured from the exterior line of the exterior walls and from the center lint of any party of common interior walls without deduction for columns, walls or other structural or ran-struchual components; provided, however, in no event shall the following be included in such calculations: (i) the Garden Center located on the Wal-Mart Parcel, (ii) the Gordon Center located on the Home Depot Parcel, or (iii) Service Areas. (s) "Garden Center": A fenced outdoor area within the Building Area located on the Home Depot Parcel and/or the Wal-Mart Pazcei, portions of which may be under roof' or canopy and other pomons of which maybe "open air" areas.. (t) "Governmental Regulations": Any or ail laws, statutes, ordinances, codes, decrees, rulings, regulations, writs, injunctions, orders, rules, or conditions of approval or authorisation of any governmental entity, agency or political subdivision whether now in force or which may hereafter be in force. (u) "Home Depot": Home Depot U.S.A., Tnc, a Delaware corporation, its successors and assigns. (v) "Home Depot Pazcel": the Pazcel legally described on Exhibit B-2 sect identified on the Site Plan as the "Home Depot Parcel", (w) "Improvements": Any Building, sign or Common .Area improvements located in the Shopping Canter. (x) "Land Area": the total gross square footage of a Parcel.. (y) "Lianholder": Any mortgagee under a mortgage,, a gantee under a deed to secure debt, or a trustee m beneficiary under a deed of trust constituting a lien on any Parcel,. (z) "Occupant": Any Person or Prime Lessee from time to time entitled to the use and occupancy of any portion of a Building in the Shopping Center under an ownership right or any lease, sublease, assignment, license, concession, or other similar agreemenk. (ea) "Outparcel" or "Outparcals": Individually or collectively, the real ProP~y legally described on Exhibit B-3 and identified on the Site Plan as "Outparcel 1" "Outparcel .3" "Outparcel 4," (bb) "Outside Sales Area": An area generally unprotected from the elements which may ba used for sales and/or storage purposes. An Outside Sales Area shall only be located in the area(s) designated on the Site Plan. Any designation on the Site Plan of "seasonal sales" m "seasonal sales arse" shall ba deemed Outside Sales Area. (cc) "Owner": (i) The record holder of fee simple title to a Parcel, its heirs, personal representatives, successors and assigns, or (ii) a Prime Lessee as to a Parcel that is subject to a Prime Lease.. Home Depot, a Prime Lessce as of the effective date of'this Agreement, shall be the Ownm of'the Home Depot Parcel and Wal-Mart, as Prime Lessee as of'the effective date of'this Agreement, shall be the Owner of the Wal-Mart Pazcel Each Parcel may have only one Owner, provided that the Owner of a Parcel (other than initially the Developer for purposes of the Home Depot Parcel and tho Wal-Mart Parcel) subject to a Prime Lease shall be jointly and severally liable with the Prime Lessee for any Claims or any default hereunder with regard to the ownership or operation of'such Parcel,. (dd) "Parcel" or "Parcels": Individually or collectively, the Home Depot Parcel, the Wal-Mart Parcel, the C~utparcels, and the Devebpm Parcel, as each is shown on the Site Plan acct more particularly described in Exhibit "B" (ee) "Party" or "Parties": the parties set forth in Section 1.1 above, their successors and assigns.. (ff) "Permanent Drives": Ihose certain aceessways shown on the Site PIsn as "Permanent Drive(s)" including, without limitation, the curb cuts on such accessways, for which alterations or modifications must be approved pursuant to Section 3.7 herein. (gg) "Pumittee": All Occupants and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, assignees, subtenants, and concessionaires of Occupants insofar as their activities relate to the intended use of'the Shopping Center.. (hh) "Person": Individuals, partnerships, firms, associations, corporations, limited liability companies, trusts, governmental agencies, administrative tribunals m' any other form of business or legal entity.. (ii) "Prime lessee": An Occupant of an enthe Pazcel who is not the Iitle holder of such Parcel pursuant to an agreement by which such Prime Lessee is subject to all obligations and responsibilitiasselating to the ownership and operation such Parcel and any business thereon. (ij) "Restaurant": Any operation or business which roquires a governmental permit, license and/or authorisation to propane and/rn serve Food for either on- w off-site consumption, exclusive of any food service located within the Building upon the Wal-Mart Parcel or the Home Depot Parcel which is incidental to the primary use conducted within said Building. (kk) "Restrictions": the covenams, restrictions, liens and encumbrances fixed and established upon the Shopping Center pursuant to this Agreement.. (II) "Service Areas": The sidewalks attached to and/or adjoining a building, trash compactors and enclosures, exterior lighting attached to a Building, driveup or drivo-thru customer service facilities directly adjacent or in close proximity to a Building, side yards and rear yards used for outdoor storage (provided such outdoor storage does not interfere with the flow of vehicular traffic), loading docks, electrical facilities and transformers, track ramps and other similaz• exclusive service facilities and outward extensions, and customer pickup areas directly adjacent or in close proximity to a Building on the Wal-Mart Parcel or Home Depot Parcel, all whether or not described, labeled or depicted as such on the Site Plan.. The Service Areas are the exclusive property of the Owner of the Parcel and not part of'Common Area. (mm) "Shopping Center": Collectively, all of the Pazrxls. (nn) "Site Plan": the site plan of the Shopping Center shown on Exhibit "A" attached hereto. (oo) "Utility Lines": Ihose facilities and systems for the transmission or other provision of utility services, including, but not limited to, constructed wetland supplementation, water drainage, detention or rotention systems or structures, water rosins, sewers, lift stations, water sprinkler system lines, electrical conduits m systems, gas trains, other public or private utilities providing service to al! Owners of the Shopping Center in common. (pp) "Wet-Mart": Wal-Mart Stores East, LP., a Delaware limited partnership, its successors and essigts, (qq) "Wal-Mart Parcel": the Parcel legally described on Exhibit B•3 and identified on the Site Plan as the "Wal-Mart Parcel." BUII,DING AND COMMON AREA DEVELOPMENT 2.1, Building Location All Buildings shall be placed m constructed upon the Parcels only in the Building Areas. Buildings may be located (or relceated) anywhere within the Building Area provided the total Floor Area of all Buildings constmcted within a Building Area does not exceed the lesser of (i) the squaro footage assigned to such Building Area as shown on the Site Plan (or as otherwise designated herein), or (ii) the maximum square footage of F loor Area permitted on such Parcel by the application of the minimum parking requirements sd forth in Section 4,1 below.. All unimproved portions of a Parcel shall be covered by decomposed ganite, gavel, sod, hydroseed or as otherwise permitted by Goverrtmental Regulations and kept weed free and clean at the subject Owner's sole cost and expense until such time as Buildings are censtructed thereon. 2..2.. Common Area: Except as permitted by the second pazagaph of this Section 2 2, the Common Area is hereby resernd for the sole and exclusive use of all Owners and Occupants of the Shopping Center and their Permittces.. Tha Common Area may be used for vehicular driving, parking (except as limited by Section 4.1 hereof) and pedestrian traffic and such other pwposes as are usual end customary in Shopping Centers in the City's metropolitan area, unless otherwise specifically prohibited in this Agreemem. the Common Area shall be maintained u provided frn in Article 6. the Owners acknowledge and agree that incidental temporary encroachmems upon the Common Area may occur as a resuh of the use of ladders, scaffolds, store front barricades and similar facilities in connection with the construction, mainteranco, repair, replacement, alteration or expansion of Buildings, signs and/or the Common Area, al] of which are permitted under this Ageement so long as all activities requiting the use of such equipment are expeditiously pwsued to completion and are performed in such a manner as to minimize any interfer•~ce with use of the improved Common Area or with the normal operation of any business in the Shopping Center. The Developer may gent permanent rights of'vehicular and pedestrian ingess end egress and utility connections (but not pinking rights) to the Common Areas for the benefit of the Adjacent 17 Acres; provided the owners or occupants of the Adjacent 17 Acres contribute an equitable amount to the cost of the maintenance of the Common Area in the Shopping Center and further provided that the Adjacent 17 Acres are subject to restrictions on use as set forth in Section 5 hereof:. Notwithstanding anything to the contrary herein, Wal-Mart shall have the right to approve the location, and tinting of construction, of any utilities installed on the Wal-Mart Parcel to service the Adjacent 17 Acres.. 2.3. Type and Design of Building: (s) All Improvements in Ute Shopping Center shall be constructed in conformity herewith and with the Approved Plans, unless the constructing Owner has obtained the prior written consent of the Consenting Owners; provided, however, minor changes required for the expansion or modification of'the Building(s) or other Improvement(s) on it shall not require the fmther consent of the Consenting Owners if' such expansion or modification is within the Building Area shown on the Site Plan; and if no other Parcel is negatively affected with respect to drainage or utility access and provided further that a modification to a Utility Line that does not impact any other Parcel shall not require addhional approval.. Ihero shall be no interference with the established dreinage patmrn and system over any portion of'the Parcels unless adequate provision is made for proper drainage and such interference is approved by all affected Owners.. (b) Subject to Section 2.3(e) below, every Building shall be either equipped widr automatic sprinkler systems which mad all the standards of'the Inswance Services Office, Inc. (or other similar local organization having jwisdiction) or shall be constructed in such a manner as not to adversely affect the fire rating u determined 6y local governing agencies of any Building built upon any other Paroel. (c) No Building shall be buih in such a manner as to adversely affect the structural integity of any other Building in the Shopping Center. No Owner shall have the right to make arty attachment whatsoever to another Owner's Building (such other Owner being referred to in this subpazagaph only as "Other Owner") without such Other Owner's prior written approval, which may be withheld in such Other Owner's sole and absolute discretion. If'the Other Owner approves the requested attachment, the Owner making the attachment shall, prior to malting such attachment, obtain the Other Owner's prior mitten approval (which may be withheld in its sole and absolute discretion) of the drawings and specifications detailing the attachment. Any such attachment shall be ai the sole cost and expense of the Owner making the attachment and shall be in strict conformance with tho approved drawings and specifications detailing the same. Iheteafter, the Owner making the attachment shall maintain and repah such attachment and shall repair any affected portion of the Other Owner's Building due to the attachment to the Other Owner's Building. (d) No building constructed on the Wal-Mart Tract, the Developer Iract, or the Home Depot Iract shall exceed 45' in height measured fiom the finished floor. No Building on Outpazcel 1 (including any landscaping Located thereon) shell exceed one (I) story and twenty-eight (2S) feet in height measured fiom the finished floor elevation of the Building upon the Outpazcel, exclusive of all architectural embellishments, mechanical fixtwes, signage and television equipment, and screening for same, No building on Outparcel 3 and Outparcel 4 (including any landscaping located thereon) shall cxceed one (1) story and twenty five (25) feet in height measwed fiom the finished floor elevation of the Building upon Bach Outpazcels, exclusive of all azchitecnual embellishments, mechanical ftttures, signage, and television equipment and screening for same, provided such embellishments, fixtures, signage, equipment or screening shall not exceed twenty eight (28) feet measured from finished floor elevation and the embellishments, fixtures, signage, equipment or screening in excess of twenty five (25) feat in height shall not extend greater than fifty percent (50%) of the length/width of the longest building face. No mezzanine or basement shall be used for the sale or display of merchandise or for the offer or provision of retail services to the public. (e) The Building to be constructed on the Home Depot Parcel may be built as Category V-NR (non-rated), as that category is defined pursuant to the Uniform Building Code 2000 Edition (iJBC). Any Building on any other Pazce! within the Shopping Center shall be constructed in such a manner to allow that the Building on the Home Depot Parcel may be constructed or otherwise remains as at least as broad as Iype V-NR pursuant to the UBC 1997 edition, (f) Ihere shall not be constructed in the Shopping Center any pazkiag structure, whether over or under ground level. (gJ No building shall be constructed on the Shopping Center (as either immediate development or future expansion) except within the Building Areas. Any buildings located on Outpazcet 3 shall not exceed 7,500 square feet in size and on Outpazcel 4 shall not exceed 10,000 squats feet in size and any building located on Outpareei 1 shall not exceed 70,000 square feet in size, Any rooftop equipment constructed on the Buildings located on the Outpazcels shall be screene3 so as not to ba visible fiom the mean fmished elevation of the paking area. 2.4 Construction Requirements: (a) All work pcrformed fn the construction, repair, replacement, alteration or expansion of any Improvements shall be performed as expeditiously as possible and in such a manner as not to unreasonably interfere, obstruct or delay (i) access to of from the Shopping Center, or any part thereof, to or from any public right-of--way, (ii) customer vehicular parking in that portion oE' tbe improved Common Area located in front of'sny Building constructed in the Shopping Center, of (iii) the receiving of merchandise by any business in the Shopping Center, including, without limitation, access to its Building. In addition, all work performed on Improvements on the Outpazcels shall not unreasonably interfere, obstruct or delay (i) construction work being performed an any other Parcels, or (ii) the use, enjoyment or occupancy of any other Parcels. Unless otherwise specifically stated herein, the Parana contracting for the performance of such work ("Contracting Parry'? shall, at its sole cost and expense, promptly repair and restore or cause to be promptly repaired and restored to its pt'iot condition all Buildings, signs and Common Area improvements damaged or destroyed in the performance of such work. (b) the Contracting Patty (as defined in Section 2,4(a) above) shall not permit any mechanics', materialmen's or other professional services liens (as contrasted with consensual monetary liens such as construction and/or permanent financing) to stand against any other Parcel for any work done or materials furnished in connection with the performance of the work described in subparagraph (a) above; provided, however, that the Contracting Party may contact the validity of any such lien, but upon a final determination of the validity thereof, the Contracting Party shall cause the lien to be satisfied and released of'record, The Contracting Pazty shall, within thirty (30) days attar receipt of written notice fiom the Owner or Prime hessee of any Parcel encumbered by any such lien or claim of lien, (notwithstanding that a final determination of'validity has not been made) (i) cause any such outstanding lien or claim of lion to be released of record or transferred to bond in accordance with applicable law, or (ii) subject to approval of the Owner of'the Pacel against which the lien or claim of lien is imposed give such assurance as would enable a title insurance company to insure over such lien or claim of lien, failing which the Owner or Prime Lessee of'said Parcel shall have the right, at the Contracting Paztys expanse, to transfer said lien to bond. the Contracting Patty shall indemnify, defend, protect and hold harmless the Owners and Occupants for, from and against arty and all liability, claims, damages, expenses (lnchlding reaSOnable att0[AeyS' fees and costs and reasonable attorneys' foes and costs on any appeal), liens, claims of lien, judgments, proceedings and causes of'action, arising out of'or in any way connected with the performance of such work, including an Owner's or Occupant's own negligence, unless such cause of action is solely the result of the negligent or willful misconduct of the indemnified Owner m Occupant (c) Staging for'the initial construction of Buildings not covered by the Development Agreement, or the replacement, alteration or expansion of any Improvements located in the Shopping Canter including, without limitation, the location of any temporary buildings or construction sheds, the storage of building materials, and the parking of construction vehicles and equipment shall (i) be located solely on the constructing Owner's Parcel, or (ii) be limited to specific areas ("Staging Area") of'the Shopping Cemer designated on the Site Plan or othmwisa approved in wr iting by the Consenting Owners.. Each Staging Area on any Parcel shall be located in such a way that it will not interfere with the use of the Common Area on any other Parcel.. the Staging Areas, on the Wa]-Matt Parcel, shall beat least fifty (50) feet from arty point on rho Home Depot Parcel. the Staging Area on the Home Depot Parcel shall be at least filly (50) feet fiom any point on the Wal-Matt Pacel the Staging Atea for each Outparcel shall be located on that Outpazcel unless the Owner of'the Outparcel obtains the consent of the Owner on whose Parcel it proposes to locate said Staging Area. At the request of any Consenting Owner, any Staging Area for an Outpazcel shall be enclosed by a safety fence. Upon completion of'such work, the constructing Party shall, at its expense, restore any damaged Common Arra to a condition equal to or better than that existing prior to commencement of'such work.. 2.5. Iemporazy License: Each Owner hereby grants to the other Owners a temporary license for access and passage over end across the Common Area located on the granting Owner's Parcel, to the extant reasonably necessary for such Owner to construct and/or' maintain Improvements upon its Parcel; provided, however, that such license shelf be in effect only during periods when actual construction and/or maintenance is being performed, and provided further that the use of such license shall not umeasonably interfere with the use and operation of (i) any business conducted by an Owner rn Occupant, or (ii) the Common Area on the granting Owner's Pazoel. A for to axareising the rights granted herein, an Owner shall provide each granting Owner with a written statement describing the need for such license, and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance covarage requhed by this Agreement. The Owner shall promptly pay all costs and expenses associated with such work, shall complete such wrnk as quickly as possible, and shall promptly clean and restore the affected portion of the Common Area on the granting Owner's Parcel to a condition which is equal to or better than the condition which existed prior to the commencement of such work. 2b Indemnity: In addition to the indemnification provided is Section 12..3 below, each Owner shall indemnify, defend, protect and hold every other Owner and their respective officers, directors, shareholders, employees and agents harmless for, fiom and against any and all Claims arising out of rn related to injury to or death of aay person or damage to or destruction of any property occurting on any Parcel and arising out of or resulting from any construction activities performed by or at the request of an Owner or its Occupants, including an Owner's or Occupant's own negligence, unless such damage or deshuction is caused solely by the negligent or willful act rn omission of the indemnified Owner. 2.7 Approval Procedures: (a) Before any action requiring the Consenting Owners' approval is commenced, sufficient information shall be sent to the Consenting Owners to enable the Consenting Owners to make a decision as to the proposal, Each Consenting Owner shalt have the right to approve or disapprove the proposal in accordance with the manner and time procedures set forth in Section 14.6 below, and if'such Consenting Owner disapproves the proposal, it shall provide a written explanation in reasonable detail of its reasons for disapproval,. (b) No Consenting Owner shall be liable in damages or otherwise for arty reason, including any mistake in judgmrnt, negligence or nonfeasance, arising out of or in connection with the approval or disapproval or failure to approve or disapprove arty proposal submitted pursuant to this Agreement. Each Owner agrees that, by acquiring title to its Parcel and submitting its proposed construction plans, it will not bring any action or suit against any Consenting Owner to recover any such damages. In addition, each Owner shall indemnify, defend, protect and hold the Consenting Owners and their respective officers, directors, shareholders, employees and agents harmless for, from and against any and all Claims arising out of or related to the approval or disapproval of its proposed construction plans submitted to a Consenting Owner by or on behalf of such Owmx or its Occupants, No approval shall be considered an approval ofthe proposed construction plans from an engineering perspective or a determination that they meet building, environmental or engineering design standards, or that any such Lnprovements have been built in accordance with such plans. EASEMENTS 3.1. Ingress Egress and Parking: Each Owner, as grantor, hereby grants to each other Owrrcr, as grantee, for the benefit of each Parcel belonging to the other Owners, and for' the use of'said Owner and its Parmittees; a perpetual nonexclusive easement for ingress and egress by vehicular and pedestrian traffic together with the tight to park (subject to the terms of Section 4.1) upon, over and across that portion ofthe Common Aroa located on the grantor"s Parcel(s), except fm those areas devoted to Service Areas. the easement herein created shall include but not be limited to access to and from Hyatt Creek Road and Main Street across each Parcel as shown on the Site Plan.. Tn the event that Developer grants rights to the Common Atea to the owners and occupants of the Adjacent I'7 Acres the easement for ingress and egress (but not parking) heroin created as well as those easement tights created by 3.3 hereof; shall run for the benefit of the Adjacent 17 Acres. Notwithstanding anything to the contrary herein contained, iv no event shall the owner, occupant, licensee, m invitee of any Outparcel be permitted to use the Wal-Mart Parcel, the Home Depot Parcel or the Developer Parcel for vehicular parking, nor shall the owner, occupant, licensee or invitee of the Wal-Mazt Pazcel, the Home Depot Parcel or the Developer Pazcel utilize the Outpazcels for vehicular pazking. 3.2. Reserved 3 3. Utility Lines and Facilities: (a) Each Owner, as grantor, hereby gents to each other Owner, as grantee, for the benefit of each Parcel belonging to the other Owners, a perpetual nonexclusive easement under, tluough and across the Common Area of the grantor's Pazcel(s) for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, removal and replacement of Utility Lines, subject to the written approval of the granting Owner as to the location of such Utility Lines, and otherwise consistent with the Approved Plans. All such Utility Lines shall be installed and maintained below the ground level or surface of such easements, except that fue hydrants, ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including 'temporary service required during the construction, maintenance, repair, replacement, alteration or expansion of any Buildings or improvements located in the Shopping Center) or which have been approved by the Consenting Owners shall be permitted. the easement area shall ba no wider than necessity to reasonably satisfy the requirements of a prfvate or public utility, or five feet (5') on each side of the centmline if'the easement is granted to a private patty. the installation, operation, maintenance, repair and replacement of such easement facilities shall not unreasonably interfere with the use of the Common Area or with the normal operation of any business in the Shopping Center the grantee shall bear all costs related to the installation, operation, maintenance, repa6 and replacement of such easement facilities, shall repair to the original specifications any damage to the Common Aron resulting 8nrn such use, and shall provide as-built plans for all such facilities to the Owners of all Parcels upon which such Utility Lines ate located within thirty (30) days after the date of completion of construction of the easement facilities. Notwithstanding anydring to the contrazy heroin, each Owner shall use itc best efforts to cause the installation of'such utility and service lines prior to the paving of the Common Areas. Notwithstanding anything to the contrary contained in this Section 3.3(a), no utilities shall be relocated on Wal-Mart Parcel, the Home Depot Parcel or the Developer Parcel without the consent ofthe Owner of said Parcel which consent shall not be unreasonably withheld, conditioned or delayed, (b) Notwithstanding the grant of easement for sewer lines included within Section 3.3(a) above, any connections to sewer lines, if such corrections aro not shown on the Approved Plans, may only be made in the event that (i) the Owner of a Parcel benefiting from the sewer line easement (a "Grantee Paznel") makes at its sole expense any and all improvements to rho sower lines and systems (including, withom limitation, arty lift stations) as are necessary or required in order to increase the capacity of the sewer lines and systems to adequately serve the Grantee Parcel pursuant to plans and specifications that comply with the requirements of all Governmental Regulations and that are lust approved by the Consenting Owners and the Owner of the Pazcel burdened by the sewer line easement (a "Grantor Pazcel"), (ii) the Owner ofthe Grantee Parcel procures all permits, licenses and approvals and pays any and all tap-on or similar fees required to make any such improvements and to so utilize end connect with such sewer lines and systems, and (iii) the Owner ofthe Grantee Parcel pays for increased costs of'maintenance and repau due to such development work. Notwithstanding the preceding sentence, so long as a Consenting Owner complies with the requirements of all Governmental Regulations, such Consenting Owner will not be requved to obtain the approval of the Owner of the Grantor Parcel as snt forth in subsection (b)(i) above. ', (c) At any time and from time to time an Owner shall have the right to install, repair, maintain and/or relocate on its Parcel any Utility Line instilled (or to be installed) pursuant to the foregoing grant of easement which is then located (m to be located) on the Petrel of such Owner, provided that (i) in the case of an installation a relocation, such installation or relocation shall be i performed only after chitty (30) days' notice in writing of the Owner's intention to undertake the relocation shall have been given to the Owner of each Parcel served by the Utility Line, (ii) in the case of a repair and/or maintenance, such repair and/or maintenance shall be performed only after ten (10) days notice in writing of the Owner's intention to undertake repair and/or maintenance shall have been given to the Owner of each Parcel served by the Utility Line, except in the case of an emergency (defined as any situation where them is an imminent threat of harm to persons or property), when such notice shall be given a reasonable period in advance of such emergency repair as is practicable, (iii) any such repay, maintenance and/or relocation shall not umeasonably interfere with of diminish utility smvice to the Pazcels served by the Utility Line, (iv) any such repay, maintenance and/or relocation shall not reduce or unreasonably impair the usefulness, capacity or function of the Ufility Line, (v) any such repair, maintenance and/or relocation shall be petfbrmed without cost or expense to the Owner or Occupant of ]0 any other Parcel, (vi) arty such repair, maintenance and/or relocation shall provide for the original and relocated area (if applicable) to be restored using materials and design standards which equal or exceed those originally used, (vii) any such repair, maintenance and/or relocation shall not interfere with the business operation of any of the Owners or Occupants of the Shopping Center, (viii) if an electrical line%ompmer linekelephone line is being relocated, the gantm and gamee shall coordinate such interruption to eliminate any detimental efforts (provided, however, that if'the relocation of such line affects the Home Depot Parcel, the Wal-Mari Parcel, m the Developer Parcel, the Owner of'such Parcel may in its sole discretion disapprove of such relocation). the Owns performing such relocation shall provide as-built plans for all such relocated Utility Lines to the Owners of all Parcels saved by such Utility Lines within thirty (30) days after the date of completion of such relocation.. (d) the terms and provisions of Section 3.1 and 3.3 shall swvive the exphation or eerlia lamination of'this Ageamant. 3.4. Signs: Each Owner, as gantor, hereby gents to each other Owner, as gantee, for the benefit of each Paroel belonging to the other Owners, a nonexclusive easement under, tluough and across the Common Atea of the grantor's Parcel(s) for the installation, operation, maintenance, ropair and replacement of the flee-standing signs referred to in Section 4.3 of'this Agreement and all Utility Lines appwtenam thereto. No signage (temporary or otherwise, including, but not limited to, an electronic marquee) with respect to Persons who are not Owners m~ Occupants shall be permitted on any Caner Pylon Signs or within the Shopping Center', except, if' Develops elects to gent signage rights to the Adjacent 17 Acres within the Common Area of'the Developer Paznel, provided that such gent shall not interfere with the sigoage or display rights of Home Depot, Wal-Mart, or Developer in the Shopping Center m the visibility of the Center Pylon Sigos. 3.5. Dedication to Public Entities: Without the prior written consent of the Consenting Owners, which consent may be gaoled or withheld in the sole and absolute discretion of each Consenting Owner', no Owner shall gent any easement for the benefit of any property not within the Shopping Center except the Adjacent 17 Acres as herein permitted; provided, however, that the foregoing shall not prohibit the gaoling or dedicating of easements by an Owner on its Parcel to governmental or quasi-governmental authorities or to public utilities to service the gaoling Owner's Parcel. 3.6. No Merger: Notwithstanding an Owner's ownership of more than one Parcel, the easements gamed hereunder shall bwden and benefit each Parcel individually, without merger as a result of such common owoaship, and upon conveyance of a Parcel so that such Paroel ceases to be under common ownership, neither the Owner conveying said Parcel nor the Owner acquiring said Parcel shall need to execute additional documentation to evidence the existence of said easements, and said easements shall relate back to and shall be deemed to have beat created as of the date this Agreement is recorded in the office of rho recorder of the county in which the Shopping Cents is located. 3.7 Permanem 1)riva: Unless otherwise approved in writing by the Consenting Owners, which approval may be withheld in each Consenting Owner's sole and absolute discretion, Permanent Drives shall not be materially altered or modified in a manner which would ba materially detrimental to any Parcel. 3,8. Storm Drainage and Detentlon Easements: 3..8.1.. Each Owner hereby gents and conveys to each other Owner owning an adjacent Parcel the perpetrtal right and easement to discharge swface storm water' drainage and/or mnoff' fiom the g•antee's Pazcel over, upon and across the Common Arca of the gantor's Paroel, upon the following conditions and terms: (i) the grades and the swface water drainagelretention system fm the Shopping Center shall remain in strict conformance with the Approved Plans, and (ii) no Owner shall alter m permit to be altered the surface of the Common Area m' the drainage/retention system constructed on its Parcel if such alteration is not in conformance with the Approved Plans or would mater tatty increase the flow of'swface water onto m adjacent Parcel either in the aggrogate or by directing the flow of surface water to a limited area. All surface water collection, retention end distribution facilities shall be deemed a Utility Line, All drains, gutters, downspouts, berms, swells, and other drainage facilities and systems {collectively, "Systems' shall be maintained by each Owner, with respect to the portion of each such System located upon an Owner's Parcel, in a neat, orderly, safe and sanitary condition, and in such a manner as to facilitate the orderly discharge of'water~ by means thereof. 3.8.2.. The Owns of each Parcel hereby gents and conveys to the Owner of'the other Parcels, as an appwtenance to the other Parcel(s), a perpewal, non-exclusive right and easement to drain storm water run-off' fiom the other Parcel(s) onto and across the bwdened Parcel, including the right to use and impound storm water within the storm water detemion or retention facility, if' any, to be located on the Pazcel of soother Owner ("Retention Pond") provided such is in accordance with the Approved Plans and to construct, subject to Sation 3.3(a), the Utility Lines to drain to the Retention Pond. Subject to compliance with Section 10.2 hereof; the Owners of each Parcel gams to the Owner of the other Parcels a perpetual, non-exclusive tight and easemont in, to, over, under and across the burdened Pacel to maintain, repah, and replace storm drainage lines and systems fiom the benefited Parcel onto and across that portion of the bwdened Parcel as is necessary to use the Retention Pond provided such is in accordance with the Approved Plans, .3..8.3. Any alteration irr the natural water flow which may Drew as a nahuel cronsequence of normal construction activities and the existence of permitted improvemems upon a Parcel inclading those shown on the Site Plan (including without limitation building and building expansions, curbs, drives and pavirrg) shall be permitted. 3..9 Encroachment: In fire avant that building wall footings encroach fiom one Parcel onro another Parcel, despito reasonable efforts to avoid such encroachment the Owner of the Parcel upon which the enaoachmern is located shall cooperate in gaming an encroachment license or easement to the Owner of the Parcel whose building eneroaches. OPERAIION OF COMMON AREA 4.1. Parking: (a) There shall be no charge fm pazking in the Common Aron without tae prior written consent of the Consenting Owners or unless otherwise required by -aw. Notwithstanding anything to the contrary herein, each party shall use reasonable efforts to ensure that customers and invitees shall not be permitted to park on the Common Areas except while shopping or transacting business in the Shopping Center. The parking area on each Paroel shall contain sufficient Bound level parking spaces (exclusive of parking spaces used for cart roosts and/or recycle centers) in order to comply with the following minimum requirements, without reliance on perking spaces located on any other Parcel: (i) At least the minimum pazking ratio as [squired by the governing regulation or ordinance, without the need fbr a pazking variance on the Home Depot Parcel unless a Restawant is located thereon; (ii) At least the minimum parking ratio as required by the governing regulation or ordinance, without the need for a parking variance on the Wal-Mart Paroel unless a Restaurant is located thereon; (iii) At least the minimum parking ratio as required by the governing regulation or ordinance, without the need for a parking variance on the Developer Parcel unless a Restawant is located thereon; (iv) At least the minimum parking ratio as requbed by the govmning regulation or ordinance on Outpazcel 1 (without the need fm a parking variance with respect to Outparcel 1), 3 and 4, individually, unless a Restaurant is located therein; (v) L a business use contains a drivaup or drive-thru unit (such as a remote banking teller or food wdering/dispensing facility, (but specifically excfiding the customer loading areas located on the Home Depot Parcel and the Wal-Mart Parcel and excluding the Pharmacy Ihive Up on the Wal-Mart Parcel) and exclusive of any business on Outparcel .3 or 4 then there shall also be created space for stacking not lass than three (3) automobiles (exclusive of any drive-aisle) for each drive-up unit; (vi) Ten (10) parking spaces for each one thousand (1,000) square feet of Floor Area far each Restaurant which has one thousand (1,000) square feet of Floor Area or more (the same ratio shall be provided for a McDonald's restaurant notwithstanding the size of the building footprint). (b) If an Ownm or Occupant operates a Restaurant incidentally to its primary business purpose, then so long as such incidental opmaton continues, the portion of the Floor Area occupied by such Restaurant shall be exchrded from the application of'subsections (v) and (vi) above.. For purposes of this clause only, a Restawant shall be an "incidental opmation" if it occupies less than seven pmcent (7%) of'the Occupant's Floor Area and does not have a separate customm entry/exit door to the outside of the Building. Tn the event an Occupant utilizes Floor Area for both Restamam and retail purposes, and such Restawant purpose is not an "incidental operation", only the portion of Floor Area allocated for Restaurant purposes shall be subject to the application of'subsections (v) and (vi) above, (c) If the minimum numbm of parking spaces required by Govmnmental Regulations is greatm than the minimum requirements set forth above, then the minimum number of parking spaces as required by Governmental Regulations shall control. (d) In the event of a condemnation of part of a Paroel or sale or transfer in lieu thmeof'thaz reduces the numbm of usable parking spaces below that which is required in this Section 4.1, the Owner whose Parcel is so affected shall use its best efforts (including, without limitation, using proceeds from the condemnation award or settlement) to restore and/or substitute parking spaces in ordm to comply with the parking requirements set forth in this Section 4.1. Tf such compliance is not possible, the Owner whose Parcel is so affected shall not be deemed in default hereundm, but such Ownm shall not be permitted to expand the amount of Floor Area located upon its Paroel If' such Floor Area is thereafter reduced othm than by casualty, the Floor Area on such Parcel may not subsequently be increased unless the parking requirement is satisfied. 42, Employee Peking: Arrything in this Agreement to the contrary notwithstanding, areas to be used for motor vehicle parking by employces of Occupants of the Shopping Center shall be in the areas designated on the Site Plan as "Employee Parking Area." In the event employee parking areas ere designated as provided herein, employees of any Owner or Occupant of any part of the Shopping Center shall use only those portions of the Common Area designated for such motor vehicle parking purposes. In no event shall any employees of any business other than the businesses conducted on a particular Parcel park on that particular Parcel. 4.3, Signs: (a) No free-standing, permanent sign snuctures other than the Center Pylon Signs, signs described in Section 4.3(b} below, or small directional signs may be mected or maintained in the Shopping Center by arty Party. The Owner of'the Home Depot Parcel shall have the top designation on the Centm Pylon Sign located along Main Street (aka U.S.. 23 Business) (the "Main Street Centel Pylon Sign") The Ownm of'the Wa]-Mart Paroel shall have the second highest designation on the Main Street Center Pylon Sign, the Ownm of the Wal-Matt Parcel shall have the top designation on the Centm Pylon Sign located along Hyatt Creek Road (the "Hyatt Canter Pylon Sign" which together with the Mein Sheet Centm Pylon Sign aro refmred to as the "Center Pylon Signs"). the Owner of the Home Depot Parcel shall have the second highest designation on the Hyatt Center Pylon Sign. the Developm shall have the right to designate the third position, as well as any additional signage on the Cwter Pylon Sign Developm shall initially construct the Centm Pylon Signs and the thvner of'the Wa]-Matt Parcel and the Owner of'the Home Depot Parcel shall each reimburse Developm for a proportionate share of'the cost thereof based upon the proportion of each Ownm's square footage as shown on Exhibit C as such may be modified by the parties in the Development Agreemem -Home Depot and(or the Development Agreement - Wal-Mart. the cost of maintaining, insuring, repairing and replacing the Main Street Center Pylon Sign(s) structure (including electrical hookup to a common meter) shall be paid by the Ownm of the Home Depot Parcel. the cost of maintaining, insuring, repairing and replacing the Hyatt Center Pylon Sign(s) structure (including eectrical hookup to a common meter) shall be paid by the Ownm of the Wal-Matt Pmcel. the Ownm of'the Home Depot Parcel and the Ownm of'the Wal-Matt Parcel shall be entitled to be reimbursed for such costs by the Ownms of all Parcels erttitlad to display designations thmnon in the proportion that the foist squaro footage of each Owner's designation or designations bears to the total square footage of all designations entitled to ba displayed thereon.. Each Pmson displaying a desigmtion on a Cemer Pylon Sign shall supply and maintain its own sign fascia and can. the design of the Cmtm Pylon Sign struchuea shell be as shown on Exhibit C hereto or as otherwise approved by the Consenting Ownms. Any changes shall be subject to the approval of the Consenting Ownms. Once wnstructed, no freestanding sign may be constructed, taken down, shared or modified without the prior written approval of each of the Consenting Ovmms,. (b) Provided the sigaege othmwise permitted by Governmental Regulations to the Owner of'the Home Depot Parcel and on the Canter Pylon Sign(s) is not adversely affected thereby, each Outparcel may have, subject to Govmrnmental Regulations, one free-standing, pmmanent monument sign strvcturo (not to exceed 6' in height) on said Outparcel, at the location designated on the Site Plan. Such sign stucture shall display a single designation for an Occupant of the Outparcel. the initial design of ' the sign structure (including, without limitation, height and size) shall conforrn to the sign drawings and critmia attached hereto as Fadttbit "C-1" and incorporated heroin. the cost of constructing, installing, maintaining, insuring, operating, repairing and replacing such sign structure and sign fascia shall be paid ', by the applicable Ownm of the Outparcel upon whose Parcel such monument sign is located. If more than one Occupant of the Shopping Centm is designated on a sign struchue located on an Outparcel, the Ownm of the Outparcel shall be responsible for the cost of constructing, installing, maintaining, insuring, operating, repairing and replacing the sign strucbrro (including electrical hookup to a common meter), and such Owner of the Outparcel shall be reimbursed by the Owners of all other Parcels displaying designations on the sign structure located on such Outparcel in the proportion that the total square 14 footage of each Owner's designation or designations bears to the total square footage of all designations displayed thereon. (c) Except as set forth in subsections (e) and (b) above, or otherwise approved by the Consenting Owners, all signs on the Outpareels shall conform with the following standards: (i) Al] exterior Building signs shall be restricted to identification of the business or service located or provided therein. (ii) No exterior Building or free-standing sign shall utilize flashing, moving or audible lights or appurtenances, (iii) No signs shall obstruct visually or otherwise, the ingress and egress shown on Exhbit A. 4.4. Protection of Common Atha: Each Owner and Occupant shall have the right to take such steps as it deems necessary to prevent those Persons not authorized by this Agreement to use the Common Area from using the Common Area for ingress, egress, parking or any other propose. Subject to Governmental Regulations, such steps shall include, without limitation, the construction of fences, walls or barricades along the boundary lines of any portion of the Shopping Center except along the common boundary line of any Parcel with any other Parcel; provided, however, that any impairment of vehicular access to or from the Shopping Center, or any pmt thereof, shall require the Consenting Owners' prior written approval, which may be withheld in such Consenting Owners' sole and absolute discretion. 4.5. Changes to Common Area: (a) Except as expressly permitted by this Agreement, no other improvements shall be placed in the Common Area without the prior written approval of the Consenting Owners except (i) Service Areas in accordance with the requirements of paragraph (b) below, (ii) public pay telephones provided their location has bean approved in writing by the Owner in such Owner's sole discretion on whose Parcel such will be located, (iii) temporary booths, stands, displays, tents or other structrtres or equipment used for sales in the parking area on the Home Depot Parcel and the Wal-Mart Parcel in the areas designated within the Site Plan far Seasonal Sales Persons using the Commons Area in accordance with this Agreemem shall not be charged any fee fa such use,. Each Owner agrees that to the extent permitted by law dte Owner will not consem to the utilization of its Aoperty for rallies, demonstrations, protests, picketing, or handbilling to protest, publicize, or allege improprieties regarding the actions, policies or operating practices of'any business operating within the Shopping Center.. (b) the aims and arrangements of Common Area improvements may not be materially changed without the Consenting Owners' prior written approval. A Consenting Owner may withhold its consent to any material change to the entrances or exits to or from the Shopping Center or to any changes in the parking configuration or traffic cheulation in its sole and absolute discretion, Except as otherwise provided hmein, a Consenting Owner shall not unreasonably withhold, condition or delay its consent to changes in the Common Area improvements provided that the parking complies in all respects with Section 4.1. Nothing in this Section 4 5 shall be interpreted to requhe the Consenting Owners' approval to (i) the construction, alteration or relocation of any Service Areas to the extent that they are located, and do not impede access, to the rear or sides of Buildings, or (ii) the location or relocation of items which are permitted to be placed in the Common Area without consent pursuant to paragraph (a)(iii) above, RESIRTCTIONS ON USE 5.1 Home Lnprovement Store Restrictions: As long as a home iroprovemem store is being operated upon the Home Depot Parcel no portion of'the Shopping Center, except for the Homo Depot Parcel and Wal-Mart Parcel, shall be used for a home improvement canter or for any business which sells, displays, leases, rents or distributes the following items or materials, singly or in arty combination: lumber, hardware, tools, plumbing supplies, pool supplies, electrical supplies, pain; kitchen or bathrooms or components thereof (including tubs, sinks, faucets, mirrors, cabinets, showers, vanities, countertops and related hardwaro), windows, hard and soft flooring (including fife, wood flooring, tugs and carpeting), siding, ceiling fans, gardening and garden nmseay supplies, outdoor cooking equipment and accessories, patio furoiture and patio accessories, Christmas feces, indoor and outdoor lighting systems and light fixtures, kitchen and household appliances, except for the incidental sale of'such items. An "incidental sale of'such items" is one in which there is no more then the lesser of (i) five percent (5%) of'the total Floor Area of such business, or (ii) 1,000 square feet of'salas and/or display area, relating to such items individually or 2,500 square feet in the aggregate. 5 2. Wal-Mart Restrictions: Wal-Matt Restrictions: As long as Wal-Mar; or any affiliate of Wal-Mar; is the operator of the Wal-Mart Parcel, either as owner or lessee, no portion of'the Shopping Center, except the Wal-Mart Parcel and the Home Depot Parcel, shall be leased or occupied by or conveyed to any other patty for use as (i) a membership warehouse club, (ii) a discount department store or other discount store, as such terms are defined below, (iii) a variety, general or "dollar" store: in excess of five thousand (5,000) square fee; (iv) a groceay store or supermarket as such terms are defined below, (v) a pharmacy, rn~ (vi) as any combination of the foregoing uses. In the event of a breach of'this covenant Wal-Mart shall have the right to seek any end all remedies afforded by either law or equity, including, without limiffition, the rights to injunctive relief' in accordance with Section 10 hereof'. "Grocery store" and "supermarket", es those terms are used herein, shall mean a food store or a food department containing morn than 10,000 square fcet of building space used for the purpose of selling food for off' premises consumption, which shall include but not be timited to the sale of dry, refrigerated or frozen goceries, urea; seafood, poultry, produce, delicatessen or bakery products, refrigerated or frozen dairy products, or any grocery products normally sold in such stores rn departments. "Discount department store" and/or "discount store", as those terms are used herein, shall mean a diacoutrt department store or discount store containing more than 35,000 square feet of building space used for the propose of selling a full lure of hard goods and soft goods (e.g. clothing, cards, gifts, electronics, garden supplies, furniture, lawnmowers, toys, health and beauty aids, hardware items, bath accessories and auto accessot ies) at a discount in a retail operation similar to that of Wal-Mart, 5.3. Shopping Center Restrictions: (a) No portion of the Shopping Center shall be used for eery of the following purposes: a flea market or a business selling ao-called "second hand" goods (the team "second band" shall mean stores which sell goods primarily as a service to the public rather than to a retail customer for a profit}; a surplus store; a gun range; the sale of guns as a primary use; car wash facility (except on the Home Depot Parcel); a warehouse; an animal kennel; auditorium; sports or entertainment viewing facility (whether live, film, audio visual or vidw); a movie theater; bowling alley; skating rink; fitness center; workout facility, exercise facility, gym or health spa or studio in excess of ten thousand (10,000) square feet; cafeteria, restaurant, which derives more than fifty percent (50%) of'their gross soles from alcohol sales; cemetery; mortuary; any establishment engaged in the business of'selling, exhibiting or delivering pornographic or obscene materials; a socalled "head shop"; off-Uack betting parlor; junk yard; recycling facility or stockyard; motor vehicle or boat dealership, repau shop (including lubrication and/or service center) that stores vehicles outdoors overnight, except for a tare end battery operation upon the Wal-Mart Parcel in conjunction with its general merchandising use, body and fender shop, or motor vehicle or boat storage facility (neither the foregoing restriction nor anything else in this Agreement to the contrary shall precludo the Owner of the Home Depot Parcel's sale err rental of delivery vehicles and trotters to its customers as part of its home improvement business); amini-storage or self-storage facility; a Laundromat or dry leaning facility (but this shall not be deemed to prohibit nominal supportive facilities for on-site service oriented to pickup and delivery by the ultimate consumer); a bar, tavern or cocktail lounge; a discotheque, dance hall, comedy club, night club or aduh entertainment facility; billiard or pool hall; massage parlor, game parlor a video arcade (which shall be deemed as any store containing man than three (3) electronic gamest a beauty school, barber collage, reading room, place of instruction or any other operation catering primarily to students or trainees and not to customers (but shall specifically not prohibit a school which is incidental to a primary retail propose or an instructional use such as Weight Watchers); office usage other than incidental in connection with non-prohibited uses; industrial, residential or manufacturing uses, school or house of'waship. (b) Without the prior written consent of'the Consenting Owners, the folowing shell not be allowed to operate in the Shopping Center or Common Area, except es otherwise permitted in this Agreement: traveling carnivals, fairs, auctions, shows, kiosks, booths for the sale of fnewaks, safes by transient merchants utilizing vehicles or booths and other promotions of any naMe. Except as otheawise permitted in this Ageement, in the event that unauthorized Persons, including without limitation tenants or invitees oftenants occupying Buildings now or at any future time located in the Shopping Center, utilize the pnrking area for other than temporary parkiag by customers while shopping in the Shopping Center, s~ Consenting Owner may take whatever action as shall be necessary to prevent said unauthorized use, Notwithstanding the foregoing none of the aforementioned uses shall be permitted upon an Outparcel without the consent of'tbe Owner of'said Outparcel and the Consenting Owner. (c) No potion of the Shopping Center shall be used fa a business a use which creates strong, unusual or offensive odors, fumes, dust a vapors; emits noise or sounds which are objectionable due to intermittencq beat, frequency, sluillness or loudness; creates unusual fire, explosive or other hazards, a materially increases the rate of insurance for any other Parcel, Owner or Occupant; provided however, the operation of a typical Home Depot home improvement store and the operation of a typical Wal-Mart Superstore shall not be deemed to be in violation of'this Section 5.2(c). (d) No oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any portion of the Parcels, nor shall oil wells, tanks, tunnels, a minwal excavation or shafts be permitted upon the surface of arty portion of the Parcels, or within five hundred (500) feet below the surface of any of the Parcels. No derrick or othm structure designed fa ase in boring for water, oil, natural gas or other minerals shall be erected, maintained or permitted on any portion of the Shopping Center.. (e) No portion of the Common Area shall be used for the sale, storage or display of merchandise or food; provided, however, that (i) the display of delivery vehicles for sale and/or rental to its customers as part of the Owner of the Home Depot Parcel's home improvement business shall be permitted, (ii) the seasonal sale of merchandise by the Owner or Occupant of the Home Depot Parcel and the Wal-Mart Parcel shall be permitted within the areas identified on the Site Plan for Seasonal Sales, end (iii) the stoage of merchandise in such mess on the Wal-Mart Parcel or the Home Depot Parcel shall be permitted within the areas identified on the Site PIaM for storage, Seasonal Sales or with Storage Areas. (f) For proposes of'this Agreement, all Service Areas shall be the sole exclusive property of the Owners of the Buildings associated with such areas and each Owner shall have the exclusive tight to use such areas for whatever propose such Ownar deems appropriate, including, without limitation, the sale and display of merchandise. (g) For purposes of this Agrcement, Persons who are not Owners or Occupants engaging in the following activities in any portion of the Common Area will not be considered to be Permittces under this Agreement: (i) exhibiting any placazd, sign, or notice that does not advertise an existing business in the Shopping Center; (ii) distributing any chculm, handbill, placard, or booklet promoting an existing business in the Shopping Center, (iii) soliciting memberships or contributiaos for ea existing business in the Shopping Center; (iv) parading, pic(teting, or demonstrating; and (v) failing to follow regulations relating to the use of'the Common Area. (h) Ibis Agreement is not intended to, and does not, create or impose any obligation on a Party to operate, continuously operate, or cause to be operated a business or any particular business in the Shopping Center or on any Parcel Nothing contained in this Section 5 shall be construed to restrict the operation of a typical Wal- Mart on the WeI-Mart Parcel or a typical Home Depot on the Home Depot Parcel. the foregoing restiction shall not lunit the operating of'a movie theatre, a fitness center, gym or heahh spa in excess of 10,000 square feet, rosmumnt, hotel or motel, office building, place of instruction, mini-storage or self'storage facility upon the Adjacent 17 Acres MAINIENANCE SIANDARDS 6,1 Maintenance Obligations: Each Owner shall, except as hereimfter provided, maintain at its expense the Common Area (and the hnprovements) on its Parcel at all times in good and clean condition and repair and, where applicable, in compliance with the Brownfu;lds Agreement, said maintenance to include, without limitation, the following: (a) Maintaining, repehing and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability; and restriping, when necessary, to maintain clearly visble parking stall and traffic control lines; (b) Removing ell papers, debris, filth and refuse from the Common Area and washing or thoroughly sweeping the Common Area to the extent reasonably necessary to keep the Common Area in a clean and orderly condition, unobstructed, and if'applicable, flee from ice and snow; (c) Placing, painting, maintaining, repairvrg, replacing and repainting, as and when necessary, all directional signs, markers, sniping and pedestrian crossings upon or within the Common Area; (d) Maintaining, repairing and replacing, when necessary, (i) Servico Aroas, and (ii) traffic directional signs, markers and lines, and all informational signs such as "Handicapped Parking", in good repair and condition; (e) Operating, maintaining, repairing and replacing, when necessary, such artificial lighting facilities as shall be reasonably required, including, but not limited to, poles, pole bases, wiring, lamps, ballasts, lenses, photocells, time clocks, and contacts.. Each Owner shall maintain and provide 6 4 Indemnity Against Liens: Each Owns' shall indemnify, defend, protect and hold all other electricity to all lighting fixtures attached to its respective Building(s) at its sole cost and expense; F Owners and Occupants harmless for, from and against any and all Claims in connection with any and all liens arising out of any work performed, matmials fwnished to or obligations incwted by such Ownm in (f) Maimaining all landscaped areas; replacing shrubs and other landscaping as ~ connection with the operation and maintenance of'tbe Common Area hereunder. necessary; I 7 LIGHIING (g) Maintaining, repairing and replacing, when necessary, ell Common Area walls (including, without limitation, all fences, walls or banirades constructed pursuant to Section 4.4 above); After completion of the Common Area lighting system on its Parcel, each Owner hereby covenants and agrees to keep its Parcel fully illuminated each day item dusk to at least t 1:00 p m. unless (h) Maintaining, repairing and replacing, when necessary, all Common Area storm the Consenting Owners agree upon a different time.. Each Owner further agrees to keep any exterior drains, sewers, lift stations and other Utility Lines not dedicated to the public or conveyed to any public Building security lights on from dusk until dawn.. Either Owner may require another Owner to illuminate or private utility which are necessary for the operation of'the Buildings and Improvements located in the its Parcel beyond the required hours set forth above provided the requesting petty agrees to reimburse the Shopping Centel; provided, however, the Owner shall not lm responsible to, but may, pursuant to Section other Owner for said Owner's additional out of pocket utility costs for lighting beyond the bows required 3 3(c), maintain, repair and roplace those certain Utility Lines (or portions thereof), except any line that above. Dwing the term of'this Agreement, each Owner grants an 'vrevocabte license to each other Owner serves solely to supplement stormwater wetlands, if ate, that serve exclusively Parcels other than the ' for the pmposa of permitting the lighting from ono Parcel to incidemalty shine on the adjoining Parcels, Parcel on which the Utility Line requhes such maintenance, repair or replacement; All exterior lighting fixtures and facilities on any portion of the Shopping Center shall be as set fbrth in ', the Approved Plans. (i) Performing itself or contracting with a competent third party or parties to perform any of the services described herein; ', 8 PAYMENI OF IAXES (j) Maintaining commeroisl general liability insurance as set forth in Article ]2 8.1. Iaxea and Assessments: Each Owner shall pay direct to the tax collector, prior to hereof; delinquency, the teal property taxes and other special taxes and assessments levied and assessed against j the Owner's Parcel, including the portion of the Common Area on such Owner's Parcel; subject, however, (k) Keeping the Common Area and all common Utility Lmes free from any i to the right of any such Owner to contest the amount or validity of all or any, part of said sexes and obstructions including those caused by the sale or' display of merchandise, unless such obstruction is assessments permitted under the provisions of this Agreement; and 8.2. Failwe to Pay Iaxes and Assessments: Each Owner shall indemnify, defend, protect and (1) Maintaining the Owner's enthe Parcel, including without limitation its Buildings ~ hold all other Owners and Occupants harmless for, from and against any end all Claims in connection and other Improvements, in compliance with the Brownfields Agreement, including without limitation with any and all liens arising out of'the failure of an Owner to pay prior to delinquency, all taxes and any groundwater monitoring, submittal of amual certifications, and use restrictions. I assessments described in Section 8.1 above. All Parcels (including the Outpareels) shall be kept neat, orderly, planted in grass and trimmed 9. SUCCESSORS AND ASSIGNS; LIM[IAIION ON RELEASE until improvements are constructed theroupon. Ibis Agreement and the Easements and Restrictions created hereby shall inwe to the benefit of 6.2. Duty to Maintain: Each Owner shall be responsible for the maintenance, inswance and j and be binding upon the Owners, then heirs, personal representatives, Occupants, successors and assigns, lighting of its own Parcel as enumerated in Section 6.1 above. In the event arty Owner defaults in the and upon any Person acquiring a Parcel, or any portion thereof; or any interest therein, whether by performance of'such obligations, any other Owner may cause the performance of'the obligations of'the operation of'law or otherwise, including without limitation soy holder of'a first lien oa any portion of'the defaulting Owner (except to the extent that such obligations relate to Buildings on the Wal-Mart Parcel Shopping Center; provided, however, that if' any Owner sells all or any portion of its interest in any and the Home Depot Parcel pwsuant to Section 6.1(m) above) and bill the defaulting Owner for the Parcel, and such Owner, then at such time as the selling Owner executes and delivers to the Consenting expenses irtcurred. In such event, the notice and cure provisions and remedies of Sections 10.2, I 1 1 and ', Owners a written statement in which the name and address of'the new Owner, the effective date of'the 112 shall apply. ', conveyance, the Parcel conveyed, and, if applicable, the name of a now Party who has taken the position of a Consenting Oaver as provided pursuant to the terms of this Agreement, such Owner shall thereupon 6.3. Contribution to Maintenance of Railroad Crossing. Each Owner shall be responsible to be released and discharged from any and all obli~tions as Owner in connection with the property sold by contribute annually to the railroad's reasonable cost to maintain the grade crossing (including signals and I ft arising under this Agreement after- the sale and conveyance of title but shall remain liable for all crossbars) to the Shopping Cemer from Main Street. Each Owner shall be required to contribute a obligations arising under this Ageement prior to the sale and conveyance of'title. the new Ownv of any proportionate amount of the railroad's reasonable maintenance cost based upon the square footage of the ', such Parcel or any portion thereof (iocluding, without limitation, any Owner who acquires its interest by buildings upon each Owner's Parcel as compared with the toml square footage of buildings within the L foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Agreement Shopping Center, the Owner of the Developer Parcel shall collect the contribution upon receipt of with respect to such Parcel or portion thereof' after the date of sale and conveyance of title. Failwe to invoice from the raihnad. deliver arty such written statement shall not affect the running of any covenants herein with the land, nor shall such failwe negate, modify or otherwise affect the liability of the new Owner pwsuant to the 19 20 provisions of this Agreement, but such failure shall constitute a default by conveying Owner resulting in continued liability hereunder. 10. DEFALIL7 10.1. Defauk: Tn the event any Owner or Occupant fails to perform any other provision of this Agreement, which failwe cominuas for a period of thirty (30) days after receipt of written notice specifying the particulars of'such failure, such failure shall constitute a default and any other Owner or Prime Lessee may thereafter institute legal action against the defauking Owner or Occupant for specific performance, declaratory or injunctive relief; monetary damages or any other remedy provided by law; provided, however, that the defaulting Owner m Occupant shall not be deemed to be in default if such failure to perform cannot be rectified within said thhty (30) day period and such Owner or Occupant is diligently proceeding to rectify the particulars of such failure and rectifies same within a period not to exceed sixty (60) days; provided fwther, however, that in the event of an emergency, such failure shall be deemed a defauk if'such failwe is not rectified in a period reasonable for the nature and circumstances of such emergency (bY way of example, but not as a limitation, the failure to promptly remove snow or otherwise maintain the Common Area such that Owners, Oceupa~s and Permittces can utilize the reciprocal easements granted in Section 3.1 above shall constitute an emergency). 10..2. Self-Help: k' an Owner or Occupant of any Parcel or Outparcel fails to perform any provision of this Agreement, then, upon the exphation of the cure period provided in Section 10.1, and upon an additional ten (10) days prior written notice (except that no additional notice shall be requited in an emergency), any Consenting Owner shall have the tight, but not the obligation, to eater upon the defaulting Owner's or Occupant's Parcel to cure such default for the account of and at the expense of the Owner rn Occupant of such Parcel. If a Consenting Owner exercises its self-help right, then, within ten (10) days after receipt of an invoice from such Consenting Owner, the defauking Owner and/or Occupant shall reimbwse to such Consenting Owner all costs reasonably incurred by the Consenting Owner in caving such default, plus an administrative fee equal to ten percent (10°h) of such costs. Furthermore, the Consenting Owner shall have the right if such invoice is not paid within said ten (10) day period, to record a lien on the Parcel (including Outparcels} of the defaulting Owner and/or Occupant for the amount of the unpaid costs incwred by the Consenting Owner pwsuant to this Section 10,2 and the administrative fee, together with accrued interest at the Default Rate. 10.3.. Remedies Cumulative: Tn addition to the remedies set forth in this Agreement, each Person entitled to enforce this Agreement shall be entitled to exercise all other remedies provided by law or in equity to the same extent as if fully set forth herein word for word. No remedy herein conferred upon, m reserved to any Person shall exclude any other remedy herein, by law or in equity, but each shall be cumulative.. LIEN FOR EXPENSES OR IAXES 11.1. Effectiveness of Lien: the liens provided for in Section ]02 above shall only be effective when filed as a claim of lien against the defaulting Owner or Occupant in the office of the recorder of the county in which the Shopping Center is located, signed and verified, which shall contain at least: (a) An itemized statement of all amounts due and payable pursuant hereto; (b) A description sufficient for identification of that portion of the real property of the defaulting Owner which is the subject of the lien; (c) the name of the Owner or Occupant of the property which is the subject of the lien; and (d) The name and address of the Owner or Party recording the clean of lien. the lien shall attach from the date a claim of a lien is recorded and may be enforced in any manner allowed by law, including, but not limited to, by suit in the nature of an action to foreclose a mortgage or mechanic's lien under the applicable previsions of the laws of the State in which the Shopping Center is located. the Owner or Party who recorded the claim of lien shall release the claim of lien once the costs and expenses secwed by the lien have been paid in full. 11.2.. Priority of Lien: the claim of lien, when so established against the real property described in the claim of liar[, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of filing the claim of lien, and shall be subordinate to any others. the claim of lien shell be for the use and benefit of'the Person cwfng the default of the Owner in default. 11,3. Contesting !Alternative Secwity: Any Owner that has a lien filed against its Parcel in accordance with this Section 11 shall be enttled to have the lien immediately removed by the Owner filing the lien upon the posting of'cash or bond with the County Cowt of the County where the Shopping Center is located in an amount equal to one hundrrd twenty five percent (125%) of the amount claimed in the Tien. 7ereatter, such cash m bond shall be released only by agreement of the Owners of the Parcel upon which the lien is imposed and the Owner that filed the lien or upon fmal judgment of a cowl of competent jurisdiction over the dispute. 12, LIABII,IIY INSURANCE; INDEMNIFICATION 12 1, Liability hrswance: (a) Each Owner shall maintain or cause to be maintained commercial general liability insurance with broad form coverage inswing against claims on acwunt of bodily injwy or death, personal and advertising injuy, property damage or destruction, and contractual liability (i.e., exclusions f'or liability assumed under contract must be deleted) that Wray arise from, or be [elated to (i) the wnduct of the Owner and/or Occupants, or (ii} the condition, use or occupancy of each Owner's Parcel (the "Owner's Liability Inswance"). (b) the Owner's Liability Insurance shall be carried by an inswance company or companies qualified to do business in the State in which the Shopping Center is located with a Best's Key Rating Guide Property/Casualty (United States) rating of at least A- and a financial rating of VIII or better (or a comparable standard under an international rating system), and have limits for bodily injwy tc or personal injury to or death of any person, or more than one (1) person, or for damage to property, in an amount of not less than Five Million and No/100 Dollars ($5,000,000.00) per occurrence.. the inswance required pursuant to this Section 12..1 shall be at least as broad as the most commonly available ISO Commercial General Liability policy form CG 00 Ol 0798 and shall include the following provisions: (i) the policy may not be canceled or reduced in amount or coverage below the requirements of'this Agreement, without at least thirty (30) days' prior written notice by the inswer to each insured and additional insured; (ii) severability of interests; (iii) an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insureds; (iv) name all other Owners as additional insureds; and (v) endorsed to cover said Owner's agreemem to indemnify as set out in this Agreement Each Owner a®ees to furnish to any other Owner requesting same evidence that: (i) such insurance is in full force and effect; (ii) the promiums have been paid in full; end (iii) the appropriate parties aro designated as additional irrsweds on ISO Form CG 2026 1185. The Ownms ogre that such evidence being readily available on the Intranet shall be a satisfactory method of delivming such evidence. It' not part of such policy, the Owner's Liability Insurance shall have at least the following endorsements: (i) deleting any employee exclusion on pmsonal injury coverage; (ii) including coverage frn injuries to or caused by employees; (iii) providing for blanket contractual liability coverage (including all of an Owner's indemnity obligations contained in this Agreement), broad form property damage covmage and products completed operations, owner's protective and personal injury coverage; (iv) providing for coverage of employm's automobile non- ownmship liability; and (v) if the use of a Parcel includes the sale of alcoholic bevmages, including coverage for employer's liability, host liquor liability, liquor liability and so-called "dram shop" liability covmage with a combined single limit of'not less than Three Million and Nol100 Dollars ($3,000,000.00) pm oceurrence. The Ownm's Liability Insurance shall be written on an "occurrence" basis form and not on a "claims made" form. Iha insurance referenced in this Section 12.1 may be provided tmdm (i) an individual policy specifically coveing such Owne's Parcel, (ii) a blanket policy a' policies which includes other liabilities, properties and locations of'such Ownm; so long ea the amount end coverage of insurance required to be carried hereundm is not diminished, (iii) a plan of self-insurance satisfying the criteria sat forth in Section 12.1(c) below, or (iv) a combination of any of the foregoing insurance programs. Io the extent any deductible is pmmitted or allowed as a part of any insurance policy caaied by an Owner in compliance with this Atticla 12, such Owner shall be deemed to be coveing the amount thmeof undm an informal plan of self-inswance; provided, howevm, that in no event shall any deductible exceed one percent (1%) of an Owne's net worth unless such Owner complies with the requirements regarding self-insurance pursuant to Section ] 2 1(c) below (c) Notwithstanding anything to the contrary heroin, at all times dwing the tram of this Agreement, each party shall keep improvements on its property insured against loss or damage by firo and other perils and events as may be insured against undm the broad fmm of Uniform Extended Coverage Clause in effect from time to time in the state in which the patties' rospative properties are located, with such inswance to be for the full replacement value of the insured improvements. The owner of a Parcel w Outpazcel (except for the Owner of the Wal-Mart Parcel and the Home Depot Parcel} shall pay for any increase in the cost of insuring the improvements on the other Parcels or Outparcels if'such increase is due to the use by such owner w its tenam(s). (d) Any insurance required to be maintained by an Owrter individually as set forth in this Section 12 may be maintained in whole or in part eithm under a plan of'self-insurance, or from a carrier which specializes in providing covmage to or for such Owner or its affiliates, or firms in the same rn related businesses if such Owner's net worth exceeds Five Hundred Million Dollars ($500,000,000.00) as shown in its most recent audited financial statement, or if such Owner's firrancial statements aro roported on a consolidated basis with a parent corporation, then as cmtified by an officer of'such Owner. ]2..2. Insurance Covmage During Construction: (a) Prior to commencing any construction activities within the Shopping Center, each Ownm or Occupant shall obtain or require its contractor to obtain and thereafter maintain, so long as such construction activity is oceurting, at least the minimum insurance covmages set forth below: (i) Workers' compensation and employer's liability inswance: (s) Worker's compensation inswance as required by any applicable law or regulation, (b) Employer's liability inswance in the amount of Five Million and No/100 Dollars ($5,000,000.00) each accident for bodily injury, Five Million and No/100 Dollars ($5,000,000.00) policy limb for bodily injury by disease, and Five Million and No/100 Dollars ($5,000,000.00) each employee for bodily injury by disease. (ii) Genera] liability insurance: Commercial Genera] Liability insurance covering all operations 6y or on behalf of the general contractor, which shall include the following minimum limits of Liability and covmages: (a) Required covmages: (1) Premises and Operations; (2) Products and Completed Opmations; (3) Coffiactusl Liability insuring dte indemnity obligations assumed by comtactor undm the contract documents; (4) Broad Form Propmty Damage (including Completed Operations); (5) Explosion, Collapse and Underground Hazards; (~ Personal Injury Liability; and ('t7 Builders Risk (in as amount sufficient to cover the replacement cost of'the Site Improvement Work and shall provide that, among other things, the insurer(s) specifically recognize and insure the obligations undmtaken by the Devalopm pwsuent to this Agreement) (b} Minimum limits of liability: (1) Five Million and No/100 Do(lars ($5,000,000.00) per occurrence. (2) Five Million and Nol100 Dollars (55,000,000.00) aggregate for Products and Completed Operations, (3) Five Million and No/100 Dollms ($5,000,000,00) general aggregate applied separately to the Shopping Centm. (iii) Automobile Liability Insurance: Automobile liability insurance (bodily injwy and property damage liability) including covm~age for owned, hired, and non-owned automobiles, with limits of liability of not less than One Million and No/100 Dollars ($1,000,000,00) combined single limit each accident for bodily injwy and property damage combined.. the general contractor shell require each of its subcontractors to include in their liability insurance policies coverage for automobile contractual liability. (iv) Umbrelle/Excess Liability Inswance: Iha general contractor shall also carry umbrella/excess liability inswance in the amount of Five Million and No/100 Dollars 23 24 ($5,000,000,00). If there is no per-project aggregate under the Commercial General Liability policy, the limit in this Subsection (iv) shall be Ian Million and Nol100 Dollars ($10,000,000.00). (b) If the construction activity involves the use of another Owner's Parcel, tbe Owner of'such other Parcel shall be added as an additional insured and such insurance shall provide that the insurance shall not be canceled, or reduced in amormt or coverage below the requirements of this Agrecement without at least thirty (30) days' prior written notice to the insweds and each additional insured. the form of additional insured endorsement shall be ISO Form CG 2026 t 185. If such insurance is canceled or expires, the constructing Owner shall immediately stop ad work on or use of'the other Owner's Parcel until either the required insurance is reinstated or replacement insurance obtained.. the general contractor shall supply each Owner with certificate(s) of insurance with respect m all inswance required by this Section 12..2. 12.3. Indemnification by Owners: Subject to the provisions of Section 13.4 below regarding waiver of'subrogatlon with respect to damage to property, each Owner shall defend, indemnify, protect and hold the other Owners and Occupants harmless for, from and against any and all Claims in connection with the loss of life, personal iajmy and/or damage to property (i) arising frnm or out of any occwrence in or upon the indemnifying Owner's Parcel; (ii) occasioned by any cegligent or willful act or omission of'the indemnifying Owner, its Occupants or their respective its agents, contractors, servants or employees; or (iii) in connection with the failwe to comply with the provisions of'this Agreement. If' an Owner shall, without fault, be made a party to any litigation commenced by or against the Owner or Occupants of another Parcel, or if' an Owner shall, in its reasonable discretion, darermine that it must intervene in such litigation to protect its interest hereunder, the indemnifying Owner shall defend such Owner using attomeys reasonably satisfactory to such Owner and shalt pay all costs, expenses and reasonable attorneys' fees and costs in connection with such litigation. An Owner shall have the right to engage its own attorneys in correction with any of'the provisions of'this Section 12.3 or any of the provisions of this Agreement, including, but not limited to, any defense of ar intervention by such Owner, notwithstanding any contrary provisions of'the laws or court decisions of the state in which rho Shopping Center is located. 12.4. Each owner of any portion of the Shopping Cantor for itself and its property insure[ hereby releases the other owners of portions of the Shopping Center from and against any and all claims, demands, liabilities or obligations whatsoever for damage to property or loss of rents or profits resulting frnm or in any way connected with soy Fire or other raaualty whether or not such fire or other casualty shall have been caused by the negligence or the contributory negligence of the petty being released or by any agent, associate or employce of'the patty being released, this release being to the extent that such damage or loss is covered by the property inswance which the releasing party is obligated hereunder to carry, or, if the releasing party is not carrying that inswance, then to the extent such damage or loss would be covered if'the releasing parry were carrying that inswance 13 . PROPERIY DAMAGE AND EMINENT DOMAIN 13.1. Damage to Buildings: If any of the Buildings located on any Paroet are damaged or destroyed by fuc or outer cause, the Owner of such Parcel shall promptly cause either (i) the repair, restoration, or rebuilding of'the Building so damaged or destroyed to a condition and an architectural style existing immediately prior to the damage or destruction, (ii) rho rebuilding of a completely new Building within the Building Area and otherwise subject m the terms hereof; or (iii) the razing of any damaged Building, the filling of any excavation, and performance of any other work necessary to put such portion of the Shopping Center' in a clean, sightly and safe condition. All Building Areas on which Buildings are not reconstructed following a casualty or "Inking" (as defined in Section 13.5 below) shall be (i) graded or caused to be gaded by the Owner thereof'to the level of'the adjoining property and in such a manner as not to adversely affect the drainage of'the Shopping Coster or any portion thereof; (ii) covered by decomposed granite, gavel, sod, hydtoseed or as otherwise permitted by Governmental Regulations, and (iii) kept weed free and clean at the subject Owner's sole cost and expense unt31 such time as Buildings are reconstructed thereon.. 13.2, Casualty Damage to Common Area: In the event arty of'the Common Area is damaged or destroyed by any cause whatsoever, whether inswed or uninsured, dwing the term of'this Agreement, the Owner upon whose Parcel such Common Area is located shall repair or restore such Common lose at its sole cost and expense with all due diligence, Except to the extent limited by Section 13..4 below, in the event such damage or deshvetion of Common Area is caused by the negligem or willful act of another Owner, Occupant or third Person, the Owner obligated to make such repah or restoration reserves and retains the right to proceed against such other Owner or third Person for indemnity, contribution or damages. 13.3. Property Inswaoce: Io assure performance of'their respective obligations under Sections 13.1 and 13..2 above, the Owners of the respective Parcels shall cause to be carried causes of loss - special form property inswance at least es broad as ISO Special Form Causes of Loss, CP 1030 6695, in an amount not less than eighty percent (80°/a) of'the full insurable replacement cost (excluding footings, foundations or excavations) of all Buildings and improvements (including Common Arra improvements) on their respective Parcels, except if the Owner of said Parcel, or party responsible for any required restorations, is permitted to "self insure" pwsuant to Section 12.1(c).. the inswance refwenced in this Section 13.3 may be provided under (i) an individual policy covering this location, (ii) a blanket policy or policies which includes other liabilities, properties and locations of such Owner, so long as the amount and coveage of insurance required to be caned hereunder is trot diminished, (iii) a plan of seif- insurance satisfying the criteria set forth in Section 12,1(c) above, or (iv) a combination of any of the foregoing insurance progams. Io the extent any deductible is permitted or allowed as a part of any inswance policy carried by an Owner in compliance with Article 13, such Owna~ shall be deemed to be covering the amount thereof'rrder an informal plan of'self-insurance; ptavided, however, that in no event shall any deductible exceed one percent (I %) of an Owner's net worth unless such Owner complies with the requhements regarding self-inswance pwsuant to Section 12.1(c) above. the Owner's property insurance shall be carried by an inswance company or companies qualified to do business in the state in which the Shopping Center is located with a Best's Koy Rating Guide Property/Casualty (United States) rating of at least A- and a financial rating of VIII or better (or a comparable standard under an international rating system), 13..4, Waiver of Subrogation: the Owners and Occupants each hereby waive any rights one may have against the other on account of any loss or damage ocewring to an individual Owner or Occupant, or its respective property, either real or personal, arising from any tick generally covered by ISO Special Fam Causes of boss, CP 10300695 and from any risk covered by property insurance then in effect.. Tn addition, the Owners and Occupants, for themselves and on behalf of their respective inswance companies, waive arty tight of subrogation that any insurance company may have against the Owners and Oceupatris. It is the intent of'the parties that with respect to any loss frnm a named peril required to be coveted under a policy of property insurance, the parties shall look solely to thew respective insurance company for recovery. The Foregoing waivers of'subrogation shall be operative only so long as available in the state where the Shopping Center is situated, and provided further that no policy of inswance is invalidated thereby. 135. Eminent Domain: Tn the event the whole or any part of the Shopping Center shall be taken or damaged by right of emincet domain or any similar authority of law of any transfer in lieu thereof'(a "Inking"), the entire award for the value of the land and improvements so taken shall belong to the Owner of the Parcel so taken or to such Ownm's Lienholders or Occupants, as they may have agreod betwcen or among themselves, and in the absence of any such agreement, as provided by law, and no other Owner shall Gave a tight to claim any portion of such award by virtue of any interest created by this Agreement. Any Owner of a Parcel which is not the subject of a Taking may, however, file a collateral claim with the condemning authority over and above the value of'the Parcel (or portion thereof) being so taken to tbe extent of any damage suffered by such Owner resulting from the severance of the land or improvements so taken.. In the event of a partial Inking, the Owner of the portion of'the Shopping Center so taken shall restore the hmprovements located on the Common Atea of'the Owner's Parcel as neatly as possible to the condition existing prior to the Inking to insure the continued ingress/egress to, from and between all areas of the Shopping Cemer to the extent reasonably feasible, without contribution from any othe Osvner. 14, GENERAL PROVISIONS 14.1. Covenants Run With the Land: The terms of this Agreement and each Restriction and Easement on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Paroels and each part thereof; and shall run with the land. 14.2.. No Public Dedication: Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Shopping Center or of any Parol or portion thereof' to the general public, or for any public use or propose whatsoever, it being the intention of the parties that this Agreement shall be shictly limited to and for the proposes heroin expressed. An Owner shall have the right to close, if' necessary, all or any portion of'the Common Area on its Parol finm time to time as may be necessary, in the opinion of'suc6 Owner, to prevent a dedication thereof or the accrual of any rights of the public theein. 14.3.. Duration: Except as otherwise provided heroin, the term of'this Agreement shall be for one hundred and one (101) years (the "Primary Period'? from the date hereof'. Notwithstanding the foregoing, upon the exphation of'the Primary Period, the term of this Agreement shall automatically renew fm successive periods often (10) years each (each such period being referred to as an "Extension Period") unless, at least ninety (90) days prior to the date of expiration of tbe Primary Period or Extension Period then in effect, the Consenting Owners deliver to the other Owners in the Shopping Center written notice of'termination, in which event, this Agreement shall automatically expire at the end of the Primary Period or Extension Peiod then in effect. Upon termination of'this Agreement, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of this Agreement shall terminate and have na further force or effect; provided, however, that the termination of this Agreement shall not limit or affect a~ remedy at law or in equity that an Owner may have against any other Owner with respect to any liability or obligation arising or to be performed under this Agreement prior to the date of'such termination, and, provided fmthe, that the access easements and the tights and duties related thereto as provided in Section 3.1, the sign easements and the tights and duties related thereto es provided in Sections 3.4 and 4 3, and the utility easements and the rights and duties related thereto as provided in Section 3,3 shall continue in effect in perpetuity as to those access easements, signs and utility lines actually in use at the time of the termination of this Agreement until such time as such access easements, signs and utility lines are abandoned, 14.4. Injunctive Relief: Tn the event of any violation or threatened violation by any Person of any of the Easements, Restrictions or other terms of'this Agreement, any or all of the Owners and Prime Lessees of'the property included within the Shopping Center shall 6ava the right to enjoin such violation or threatened violation in a court of competent jurisdiction, 7 he right of injunction shall be in addition to all other remedies set forth in this Agreemem or provided by law or in equity. Notwithstanding anything to the contrary herein, the anfarcement provisions of this Section 14.4 shall not be applicable to the provisions of Section 5 and Section 13 herein as they apply to the Owners of the putparceLg. ]4..5. Modification and Termination: Notwithstanding the provisions of Section 14.6 below, this Agreement may eat be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of all of'the Consenting Owners (and, if' applicable, the Prime Lessens of a Consenting Owner's Parcel) at the time of'such modification or termination, and then only by written instrument duly executed and acknowledged by all of the Consenting Owners and Prime Lessees and recorded in tbe office of the recordea of the county in which the Shopping Center is located. No modification or termination of this Agreement as provided herein shall adversely affect the rights of any senior Lienholde unless such Lienholder consents in writing to the modification ar termination.. No modification and/rn termination of this ABeement shall be effective against any Owner of an Chrtparcel unless and until such Owner has consented to the modification or termination, 14b Method of'Approval: Unless otherwise provided in this Agreement, whenever approval, consent or satisfaction (collectively, ao "approval") is specifically required of an Owner pmauant to the express terms of this Ageement (or any Exhibit hereto), it shall not be unreasonably withheld, conditioned m delayed, Unless provision is made for a specific time period, approval or disapproval shall be given within thirty (30) days after receipt of written request for approval. If' an Owner neither approves not disapproves within the required time period, then the Owner requesting approval shall have the right to send a second written request for epprnval. If'suc6 second request states on its face in all capital letters that failure to respond thereto within ten (10) days shalt be deemed approval, then the failure to respond within such ten (10) day period shad constitute the approval of'the Owner from whom approval was requested. Except with respect to approvals which are deemed approved pursuant to the preceding sentence, ell approvals (including conditiotral approvals) and disapprovals shall not be effective unless given or made in writing. If an Owner disapproves, the reasons therefor shall be stated in reasonable detail in writing. An Owner's approval of arty act or request by another Owner shelf not be deemed to waive or render unmacessazy approval of arty similar or subsequent acts or requests. Since the submission of a proposed amendment to the Parties is not an item of"'consent" or "approval", each Parry may consider any proposed amendment to this Agreement in its sole and absolute discretion without regard to reasonableness or timeliness. 14.7. Multiple Ownes: In the event an Owner sells its Pareel and becomes the Prime Lessee thereon, said Prime Lessee is hereby appointed the entity to cast the vote or consent or give the consent for said Parcel on behalf' of the Owner thereof (except as otherwise requred in Section 14.5) end is hereby granted all of'the rights and remedies granted to the Owner of said Pareel so long as it is the Prime Lessce of said Parcel, anything in this Agrcement to the contrary notwithstanding. 14.8. Estoppel Certificates: Any Owner may, at any time and flour time to time, in connection with the sale or lease of'the Owner's Parcel, or in connection with the financing a refinancing af'the Owner's Parcel by bona fide mortgage, deed of trust or sale-leaseback made in good faith and for value, deliver written notice to the other Owners requesting such Owners to execute certificates certifying that to the best knowledge of the other Owners, (i) neither the requesting Owner nor arry other Owner is in default in the peformance of its obligations under this Agreement, or, if a default is alleged, specifically describing the nature and amount thereof, and (ii) confirming that this Ageement has not been amended (or, if so, identifying the amendments), and is in full force end effect Each Owner shall execute and 27 28 teturo such a certificate within thirty (30) days after receipt of a request therefore the Owners acknowledge that such certificates may be relied upon by uansf«aes, mortgagees, deed of trust beneficiaries and leaseback lessors. Such statement shall act as a waiver of any claim by the Person famishing it m the extent such claim is based upon facts contrary to thou ass«tad in the statement and to the extent tbe claim is asserted against a bona fide encumbranc« or purchaser for valuo without knowledge of facts to the contrary of'those cortained in the statement and who has acted in reasonable reliance upon the statement. Ilse issuance of an estoppel certificate shall in no event subject the Person fwnishing it to any liability for the negligent or inadvertent failwe of such P«son to disclou correct and/or relevant information (but it shall estop such p«son from making assertions contrary to those set forth in the certificate for the period covered by the certificate), nor shall such issuance be construed to waive any rights of the issu« to challenge acts committed by other Own«s for which approval by the Consenting Owners was requited but not sought of obtained. 149.. Breach Shall Not Permit Iermination: It is expressly agreed that a breach of this Agreement shall not entitle any Owner to t«minaffi this Agroemeny but such limitation shall not affect in any maw« any oth« rights or remedies which such Own« may have hereund« by reason of any breach of this Agreement. Any breach of this Agte«neot shall not defeat or rend« invalid the lien of any mortgage or deed of trust made in good faith for value, but this Agreement shall be binding upon and be effective against any Own« whose title is acquired by forecloswe, trustee's sale or oth«wiu. 14.10.. Notices: (a) All notices given pwsuant m this Agreement shall be in writing and shall be given by facsimilq by p«sonal delivery, by United States mail or United States express mail postage or delivery chazge prepaid, return receipt requested, or by an established express delivery s«vice (such as Fed«al Express or United Parcel S«vice), sent to the person and addressor facsimile numb« desigtated below or, in the absence of such designation, m the p«son and address shown on the then current real property tax rolls of'the county in which the Stropping Cent« is located. The Parties expressly agree that notices given by attorneys on behalf of their client(s) in the mam« provided in this subsection are effective and recognized notice pwsuant to this Agrcement. Atl notices to Develop« arnl the Owner of the Home Depot Parcel shall be ant to the p«son and address set forth below: Developer. Waynesville Commons Reffiil Associates, LLC 1765 Merriman Road Akron, Onto 44313 Attention: Executive Vice President -Real Estate With a copy to: Amer Cunningham Co, L.P.A. Arm: Andrew R Duff; Esq. 159 S Main Street, Suite t 100 Akron, OH 44308 Home Depot: Home Depot U.S.A., Inc. 2455 Paces Feny Road Atlanta, Georgia 30339-4024 Attention: Vice President -Real Estate Law Group With a copy to: Home Depot 11.S.A., Inc. 2455 Paces F«ry Road Building C, 20a Floor Atlanta, Georgia 30339 Attetnion: Thomas K. Anderson, Esq. -Corporate Counsel And a copy to: Hartman, Simons, Spielman & Wood, LLP 6400 Powers Ferry Road, Ste 400 Atlanta, Georgia 30339 Attention: Gil Butstin«, Esq. Wal-Mart: Wal-Mart Storrs, Inc. (Store No. 1663-02) 702 S. W. 8`h Street Besrtomille, AR 72716 Attn: President With a copy to: Wal-Mart Stores, Inc. (Store No, 1663-02) Attn: Property Management, State of North Carolina 2001 S.E. 19i° Street Bentonville, AR 72716-0556 the P«son and address to which notices are to be given may be changed ai any time by any Party upon written notice to the oth« Parties. All notices given pursuant to this Agreement shall be deemed given upon receipt. (b) Far the purpose of'this Agreement, the t«m "receipt" shall mean the earli« of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to subparagraph (a) above as shown on the return receipt, (ir) the date of actual receipt of'the notice or oth« document by the person or entity specified pwsuant to this Section, (iii) in the case of a fecsimilq the date and time of'receipt as shown on the confirmation of the facsimile transmission; (iv) in the case of refusal to accept delivery or inability m deliver the notice or other document, the earli« of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal a notice of non-delivery by the sending Party 14 11, Waives: the failure of a P«son m insist upon strict performance of any of the Restrictions or oth« terms and provisions contained herein shall not be deemed a waiver of any tights or remedies that said Person may have, and shall not be deemed a waiv« af' any subsequent breach or default in the performance of any of the Resuictions or other terms and provisions contained heroin by the same or any other Person. 14.12. Consent In accordance with Section 12 (ec) hereof, for so long as a Prima Lesue exists on any Parcel, the consent of the fee own« with respect to said Parcel is not required under this Agreement. 14.13. Sevesability: If any term or provision of this Agreement or the application of it to any person or circumstance shall to nay extent be invalid or unenforceable, the remainder of this Ageement or the application of such tens or provision to persons or circumstances, other than thou as to which it is invalid or unenfarceablq shall not be affected thereby, and each term end provision of this Agreement shall be valid and shall be enforced to the extert permitted by law 29 30 14.14.. Not a Partnership: the provisions of this Agreement are not intended to create, oar shall they be in any way interpreted or construed to create, a jourt venture, partnership, or arty other similar relationship between the Patties, Each Party shall be wnsidued a separate party and no Party shall have the tight to act as agent for anoUter, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. 14.15. Captions and Headings: The captions end headings in this Agreement are for reference only and shall not be dxmed to define or limit the scope or intern of arty of the terms, covenants, conditions or agreements contained herein. 14.16. Interpretation: Whenever the context requues construing the provisions of this Agreement, the use of a gender shall include barb genders, use of the singular shall include the plural, and the use of the plural shall inchrda the singular. The word "including" shall be construed inclusively, and not in limitation, whether or not the wads "without limitation" or "but not limited to" (or words of similar importance) are used with respect theroto.. the provisions of'this Agreement shall be construed as a whole and not strictly for or against any party. Unless otherwise provided, rofermces to Articles and Sections refer to the Articles and Sections of this Agreement 14.17.. Enthe Agreement: Ihis Agreement contains the enure a®eement between the parties hereto and supersedes all prior ageemeats, oral or written, with respect to the Easements, Restrictions and other terms and conditions contained in this Agreement affecting the Parcels. 14.18. .Joint and Several Obligations: Tn the event any party hereto is composed of moro than one person, the obligations of said party shall be joint and several 14.19. >n the event that any person or entity (the "Acquiring Parry") shall acquhe a fee m mortgage interest in any traM subject to this Agtrement, or any portion Utereof, the Acquiring Party shall execute and file in the land records of Haywood County, North Carolina, a sYatemeM setting forth the name of the Acquuing Patty, the address of'the Acgniting Patty to which all notices fm the purposes of this Agreement may be sent, the nature of'the interest held by the Acquhing Petty, and the date that such interest was acquired (the "Notice Statement"). Contemporaneously with such filing, the Acquit ing Party shall also send by certified mail, retwn receipt requested, a copy of such Notice Statement to all other persons or entities then bolding fee or mortgage interosts in any tract subject to this Agreement, or any portion thereof, as reflected by Ute Notice Statements then of'rocord in the land records of Haywood County, North Carolina (the "Existing Interest Holders'. Until such time as an Acquiring Party ides and moils such Notice Statement m accordance with the tutus of'this Section 14.19 it shall not be entitled to receive any notice required or pumitted to ba given under this Agreement, and the Existing Interest Holders shall have no obligation [o give any such notice to the Acquiring Petty. Any change of address shall require the filing and mailing of a new Notice Statement. It is undestoad and agreed that the provisions of this Secton 14 19 rogarding the recordation of the Notice Statement are satisfied with respect to Developer and Wal-Mart and Home Depot 14.20. Recordation: This Agreement shall be rewrded in the office of the recorder of the County in which the Shopping Center is located.. 14.21.. Limitation on Liability: Except as specifically provided below, them shall be absolutely no corporate ox personal liability of persons or corporations who constitute an Owner hereunder, including, but not limited to, officers, directors, employees or agents thereof; with respect to any of'the terms, covenants, conditions and provisions of this Agreement. In the event of a default of an Owner hereunder, the Owner who seeks recovery from such Ownu shall look solely to the interest of such Owner in such Consenting Owner's Parcel for the satisfacfion of each and every remedy of the non- defaulting Owner, provided, however, the foregoing shall not in any way impair, limit or prejudice the right of any Owner (i) to pursue equitable relief' in connection with any Restriction of this Agreement, including a proceeding for a temporary restraining order, prcliminsry injunction, permanent injunction err specific performance; and (ii) to recover from such Owner all losses suffered, liabilities incurred or costs imposed arising out of or in connection with, or on account of; an Owner's breach of its obligation to cant' Owner Liability Insurance, or to fund itv self-insurance obligation, if'applicable. 14..22. Lienholder Protection: Ibis Agreement and the Easements and Restrictions established hereby with respect to each Owner and Parcel (except for lien rights under Section f 1 hereof), shall ba superior and senior to any lien placed upon any Parcel, including rho lien of any mortgage or deed of trust Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impav the lien of any mortgage or deed of Host made in good faith and for vafue, but all the Easerrrents and Restrictions and other provisions, forms and conditions contained in this Agreement shall be binding upon and effective against any Person (including, but not limited to, any mortgagee or beneficiary under a deed of trust) who acquires title to any Parcel or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14,23. Variances: Where appropriate, the Consenting Owners may, in their sole and absolute discretion, grant written variances to the provisions this Agreement (in lieu of an amendment), signed by all of the Consenting Ownes, where strict adherence to the requbements of this Agreement or any architectural standards established by the Consenting Owners would, in the judgment of the Consenting Owners, cause undue hardship. I'he granting of a waiver or variance to one Owner shall not automatically entitle anothu Owner to the same waiver or variance, it being understood that each request for a waiver or variance shall be Lasted on its own individual molts 14.24. Iime of Essence: Time is of the essence with respect to the performance of each obligation of this Agreement. 14..25.. Counterparts. Ihis Agreement stay be executed in one or mote counterparts, each of which in the agg.egate shall constitute one and the same instrument. 14.26. Effective Date: Ibis Agreement shall be deemed effeMive upon recording in accordance with Section ]4..20 provided recording shall not occur until Developer has acqubed title to the Shopping Canter land and has filed the plat of subdivision and Wal-Mart and Home Depot have waived any conditions to the effectiveness of theh respective leases for the Wal-Mart Parcet and the Home Depot Parcel except for conditions rotating to construction obligations of Davelopu. the parties further agree that no party hereto shall, or allow any party through it, to take action inconsistent with this Agreement prior to the Effective Date [Signatures Begin on the Next Page] 32 EXECU] ED as of the day and year fits[ above written. HOME DEPOI U-S A, INC, a Delaware corporation By Name• Its: STATE OF GEORGIA COUNIY OF COBB I, the undersigned . do hereby certify that personally appeared before me this day and acknowledged that he/she is the of Home Depot U.S.A., Inc., a Dolaware corpoation, and that he/she, as such being authrnized to do so, exxuted the foregoing insnument for and on behalf of the corporation WIINESS my hand and official seal this _ day of .2007 (Signature of Officer) Notary Expires: (Notary Seal) [Signatures Continue on the Next Page] [Signatures Continued from the Previous Page) WAYNESVILLE COMMONS REdAIL ASSOCIATES, L L.C a North Carolina limited liability company By: Waynesville Capital Associates, L.L C Its: Manacina Memb rd1 t By: Name: Its: VM11FIridOlt SIAIEOF OHIO COUNTY OF ~AkN f~t~ 1, rr~G.~~QPi(J Im~('~ the undersigned ~u~J~~ ~- do hereby certify [hat Ed wz-d~ U f oH~-v personally appeared before 's day and acknowledged that /_-she is the ~ , „ t/1,t~ of Waynesville Capital Associates, L.L.C., the ~n2artaging Member of Waynesville Commons Retail Associates, L.L.C., a North Carolina limited liability company, end th~6 /she, as such fir, Q+ being aathotized to do so, executed the foregoing instrument for and on behalf of the corporation. WITNESS my hand and official eat this ~ day °~ 2007 (Signature of Offic ) Notary Expires: Q")-y,- ~lp~ a. (Notary Seal) 33 34 WAL-MART SIORES EASI, I3 a Delaware limited partnership By: WSE MANAGEMENT, LLC, a Delaware limited liability company and general partner ay: F. Chris Callaway Assistant Vice President STALE OF ARKANSAS (USE BLACK INK ONLY) COUNTY OF BENIGN i 1, . a Notary Public of the County and State aforesaid cettilj~ that ~~ ).Chris Callaway either being personally known to me of proven by satisfactory evidence (said evidence being _ ~' 1 personalty appeared before me this day end ackrwwkdged that (s)he is Assistaot Vice President of WSE Management, LCC, a Delaware limited liability company, a general paMer of Wal-Mart Stores East, LP, a Delaware limited patnership, and that (s)he as Assistant Vice President, being authrnized to do so, volumarily executed the foregoing on behalfof WSE Management, LLC, in its capacity as genaal partnv of Wal- '~ Mart Stores East, LP for the purposes stated thereat WITNESS my hand and official seal this _ day of 2007 (Signature of0fficer) Notary Expires: (Notary Seal) 35 The foregoing Certificate(s) of ', is/are certified to be correct This inshtrment and this certificate ate duly registered at the date and time and in the Book and Page shown on the REGISIER OF DEEDS FOR COUNTY, BY~ DeputylAssistant - Register of'Deeds 36 r ~ w GX~7 c~'~--v~~ ~b V L. ~~ 1. NUV G ~ 2~9? ~ ~ ST~~~`~ BR~H 4S Drainage Dist. M,N,P,Q,U,V,BB SF-A Sand Filter A Subcat Reach on Link Drainage Diagram for Waynesville Sand Filter A Prepared by HydroCAD SAMPLER 1-800.927-7246 www.hydrocad.net 11/15/2007 HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC Waynesville Sand Filter A Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond SF-A: Sand Filter A Hydrograph ® Inflow D Primary w 3 0 LL Time (hours) Waynesville Sand Filter A Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006$57 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond SF-A: Sand Filter A Inflow Area = 213,376 sf, Inflow Depth = 3.98" for 10yr event Inflow = 32.28 cfs @ 11.95 hrs, Volume= 70,841 cf Outflow = 13.14 cfs @ 12.05 hrs, Volume= 70,841 cf, Atten= 59%, Lag= 5.7 min Primary = 13.14 cfs @ 12.05 hrs, Volume= 70,841 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,755.31' @ 12.05 hrs Surf.Area= 8,625 sf Storage= 14,795 cf Plug-Flow detention time= 6.7 min calculated for 70,841 cf (100% of inflow) Center-of-Mass def. time= 6.7 min (772.5 - 765.8 ) Volume Invert Avail.Storage Storage Description #1 2,752.00' 11,538 cf 5.00'W x 115.00'L x 4.00'H STONE x 15 34,500 cf Overall - 5,655 cf Embedded = 28,845 cf x 40.0% Voids #2 2,753.00' 471 cf 24.0"D x 75.00'L Header x 2 Inside #1 #3 2,753.00' 5,184 cf 24.0"D x 110.00'L PIPE x 15 Inside #1 17,193 cf Total Available Storage Device Routing Invert Outlet Devices #1 Primary 2,748.00' 12.0" Vert. Orifice/Grate C= 0.600 #2 Primary 2,755.00' 6.0' long Sharp•Crested Rectangular Weir 2 End Contraction(s) #3 Device 2 2,748.00' 36.0" x446.0' long Culvert RCP, rounded edge headwall, Ke= 0.100 Outlet Invert= 2,747.11' S= 0.0020 '/' Cc= 0.900 n= 0.013 Concrete pipe, bends & connections Primary OutFlow Max=13.09 cfs @ 12.05 hrs HW=2,755.30' (Free Discharge) 1-Orifice/Grate (Orifice Controls 9.86 cfs @ 12.56 fps) 2=Sharp-Crested Rectangular Weir (Weir Controls 3.23 cfs @ 1.80 fps) L3=Culvert (Passes 3.23 cfs of 14.98 cfs potential flow) Waynesville Sand Filter A Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net t~droCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 4S: Drainage Dist. M,N,P,Q,U,V,BB Hydrograph ^ Runoff 32 _ Type II 24-hr 10yr 28 _ Rainfall=4.56" 26` Runoff Area=213,376 sf 24 Runoff Volume=70 841 cf 22- ~ 20- Runoff Depth=3.98" LL 16 Flow Length=822' 14 Tc=4.6 min 12 CN=95 ,o z~ I ~~ o. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville Sand Filter A Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 4S: Drainage Dist. M,N,P,Q,U,V,BB Runoff = 32.28 cfs @ 11.95 hrs, Volume= 70,841 cf, Depth= 3.98" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 10yr Rainfall=4.56" Area (sf) CN Description 5,125 39 M - >75% Grass cover, Good, HSG A 75,649 98 N -Paved parking & roofs 2,880 39 P - >75% Grass cover, Gvod, HSG A 46,292 98 Q -Paved parking & roofs 2,876 39 U - >75% Grass cover, Good, HSG A 45,176 98 V -Paved parking & roofs _ 35,378 98 BB -Paved parking & roofs 213,376 95 Weighted Average 10,881 Pervious Area 202,495 Impervious Area Tc Length Slope Velocity Capacity Description _ (min) {feet) (ft/ft) (ft/sec) (cfs) 2.2 230 0.0240 1.77 Sheet Flow, PVMT Smooth surfaces n= 0.011 P2= 3.28" 0.6 122 0.0020 3.22 10.12 Circular Channel (pipe), Pipe #5-#6 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 0.5 131 0.0038 4.44 13.95 Circular Channel (pipe), Pipe #6~7 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 0.5 122 0.0022 3.92 19.24 Circular Channel (pipe), Pipe #7~t8 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.5 132 0.0033 4.80 23.56 Circular Channel (pipe), Pipe #8-#9 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.3 85 0.0045 5.61 27.52 Circular Channel (pipe), Pipe #9-#9A Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 4.6 822 Total Waynesville Sand Filter A Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond SF-A: Sand Filter A Hydrograph ^ Inflow ® Primary w 3 0 LL Time (hours) Waynesville Sand Filter A Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-$00-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond SF-A: Sand Filter A [93] Warning: Storage range exceeded by 1.88' [88] Warning: Qout>Qin may require Finer Routing.>1 [85] Warning: Oscillations may require Finer Routing>1 Inflow Area = 213,376 sf, Inflow Depth = 6.13" for 100yr event Inflow = 48.38 cfs @ 11.95 hrs, Volume= 108,950 cf Outflow = 57.83 cfs @ 11.96 hrs, Volume= 108,950 cf, Atten= 0%, Lag= 0.5 min Primary = 57.83 cfs @ 11.96 hrs, Volume= 108,950 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,757.88' @ 11.96 hrs Surf.Area= 8,625 sf Storage= 17,193 cf Plug-Flow detention time= 6.2 min calculated for 108,914 cf (100% of inflow) Center-of-Mass det. time= 6.2 min (762.0 - 755.8 ) Volume Invert Avail.Storage Storage Description #1 2,752.00' 11,538 cf 5.00'W x 115.00'L x 4.00'H STONE x 15 34,500 cf Overall - 5,655 cf Embedded = 28,845 cf x 40.0% Voids #2 2,753.00' 471 cf 24.0"D x 75.00'L Header x 2 Inside #1 #3 2,753.00' 5,184 cf 24.0"D x 110.00'L PIPE x 15 Inside #1 17,193 cf Total Available Storage Device Routing Invert Outlet Devices #1 Primary 2,748.00' 12.0" Vert. Orifice/Grate C= 0.600 #2 Primary 2,755.00' 6.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s) #3 Device 2 2,748.00' 36.0" x446.0' long Culvert RCP, rounded edge headwall, Ke= 0.100 Outlet Invert= 2,747.11' S= 0.0020'/' Cc= 0.900 n= 0.013 Concrete pipe, bends 8~ connections Primary OutFlow Max=57.53 cfs @ 11.96 hrs HW=2,757.85' (Free Discharge) 1-Orifice/Grate (Orifice Controls 11.56 cfs @ 14.72 fps) Sharp-Crested Rectangular Weir (Passes 45.97 cfs of 85.38 cfs potential flow) 3=Culvert (Outlet Controls 45.97 cfs @ 6.50 fps) Waynesville Sand Filter A Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HvdroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 4S: Drainage Dist. M,N,P,Q,U,V,BB Hydrograph ^ Runoff Type II 24-hr 100yr 45 Rainfall=6.72" 40 Runoff Area=213,376 sf 35 Runoff Volume=108,950 cf ,~ 3° Runoff Depth=6.13" ~ 25 Flow Length=822' " Tc=4.6 min 20 CN=95 15 1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville Sand Filter A Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 4S: Drainage Dist. M,N,P,Q,U,V,BB Runoff = 48.38 cfs @ 11.95 hrs, Volume= 108,950 cf, Depth= 6.13" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 100yr Rainfall=6.72" Area (sf) CN Description 5,125 39 M - >75% Grass cover, Good, HSG A 75,649 98 N -Paved parking & roofs 2,880 39 P - >75% Grass cover, Good, HSG A 46,292 98 Q -Paved parking & roofs 2,876 39 U - >75% Grass cover, Good, HSG A 45,176 98 V -Paved parking & roofs 35,378 98 BB -Paved parking & roofs 213,376 95 Weighted Average 10,881 Pervious Area 202,495 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) ~ft/sec) (cfs) 2.2 230 0.0240 1.77 Sheet Flow, PVMT Smooth surfaces n= 0.011 P2= 3.28" 0.6 122 0.0020 3.22 10.12 Circular Channel (pipe), Pipe #5~6 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 0.5 131 0.0038 4.44 13.95 Circular Channel (pipe), Pipe #6-#7 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 0.5 122 0.0022 3.92 19.24 Circular Channel (pipe), Pipe #7~#8 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.5 132 0.0033 4.80 23.56 Circular Channel (pipe), Pipe #8~9 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.3 85 0.0045 5.61 27.52 Circular Channel (pipe), Pipe #9-#9A Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 4.6 822 Total 6S Drainage Dist. X,Y,Z,AA, DD, EE, FF,QQ SF-B Sand Filter B Subcat Reach on Link Waynesville Sand Filter B Type Il 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD ~~ hies may he ~3€~rchased at w~r~v.hydrocad.net. Full programs also include complete printed ~:ccur~entation, technical support, training materials, and additional features which are essential for actual design work. fond ~~-B: ~an~ ~~~~~~ Hydrograph ~ Inflow p Primary a U O LL 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville Sand Filter B Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond SF-B: Sand Filter B [93] Warning: Storage range exceeded by 2.08' [88~ Warning: Qout>Qin may require Finer Routing>1 [85J Warning: Oscillations may require Finer Routing>1 Inflow Area = 197,176 sf, Inflow Depth = 3.98" for 10yr event Inflow = 32.12 cfs @ 11.92 hrs, Volume= 65,463 cf Outflow = 56.25 cfs @ 11.93 hrs, Volume= 65,463 cf, Atten= 0%, Lag= 0.3 min Primary = 56.25 cfs @ 11.93 hrs, Volume= 65,463 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,754.08' @ 11.93 hrs Surf.Area= 10,500 sf Storage= 15,239 cf Plug-Flow detention time= 57.6 min calculated for 65,441 cf (100% of inflow) Center-of-Mass det. time= 57.5 min (821.1 - 763.6 ) Volume Invert Avail.Storage Storage Description #1 2,749.00' 10,841 cf 30.00'V1t x 350.00`L x 3.00`H STONE 31,500 cf Overall - 4,398 cf Embedded = 27,102 cf x 40.0% Voids #2 2,749.00' 4,398 cF 24A"D x 350.00°L PIPE x 4 Inside #1 15,239 cf Total Available Storage Device Routing Invert Outlet Devices #1 Primary 0.00' 6.000 in/hr Exfltration over Horizontal area #2 Primary 2,752.00' 6.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s) #3 Device 2 2,745.18' 36.0" x 106.0' long Culvert RCP, rounded edge headwall, Ke= 0. i00 Outlet Invert= 2,745.00' S= 0.0017 '/' Cc= 0,900 n= 0.013 Concrete pipe, bends & connections Primary OutFlow Max=55.86 cfs @ 11.93 hrs HW=2,754.07' (Free Discharge) 1-Exfiltration (Exfiltration Controls 1.46 cfs) 2=Sharp-Crested Rectangular Weir (Weir Controls 54.40 cfs @ 4.70 fps) t-3=Culvert (Passes 54.40 cfs of 59.69 cfs potential flow) Waynesville Sand Filter B Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 6S: Drainage Dist. X,Y,Z,AA,DD,EE,FF,QQ Hydrograph ^ Runoff 32 Type II 24-hr 10yr 30. 28 Rainfall=4.56" 26: Runoff Area=197,176 sf 24. 22 Runoff Volume=65,463 cf 20 Runoff Depth=3.98" LL 16 Flow Length=230' 14 Slope=0.0240 '/' 12 Tc=2.2 min 10 8- CN=95 6 4: 2- 0 0 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville Sand Filter B Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net ~droCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 6S: Drainage Dist. X,Y,Z,AA,DD,EE,FF,QQ Runoff = 32.12 cfs @ 11.92 hrs, Volume= 65,463 cf, Depth= 3.98" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 10yr Rainfall=4.56" Area (sfl CN Description 26,983 98 DD -Paved Parking 49,923 98 EE -Paved Parking 28,324 98 FF -Paved Parking 2,070 98 QQ -Paved Parking 2,937 39 X -Grass 43,271 98 Y -Paved Parking 6,182 39 Z -Grass 37,486 98 AA -Paved Parking 197,176 95 Weighted Average 9,119 Pervious Area 188,057 Impervious Area Tc Length Slope Velocity Capacity Description _ (min) (feet) (ft/ft ) (ft/sec) (cfs) 2.2 230 0.0240 1.77 Sheet Flow, PVMT Smooth surfaces n= 0.011 P2= 3.28" Waynesville Sand Filter B Type ll 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15!2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond SF-B: Sand Filter B Hydrograph ^ Inflow ® Primary N V O LL Time (hours) Waynesville Sand Filter B Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER sln 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond SF-B: Sand Filter B [93] Warning: Storage range exceeded by 2.06' [88] Warning: Qout>Qin may require Finer Routing>1 [85] Warning: Oscillations may require Finer Routing>1 Inflow Area = 197,176 sf, Inflow Depth = 6.13" for 100yr event Inflow = 48.10 cfs @ 11.92 hrs, Volume= 100,678 cf Outflow = 55.44 cfs @ 11.92 hrs, Volume= 100,678 cf, Atten= 0%, Lag= 0.0 min Primary - 55.44 cfs @ 11.92 hrs, Volume= 100,678 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,754.06' @ 11.92 hrs Surf.Area= 10,500 sf Storage= 15,239 cf Plug-Flow detention time= 49.8 min calculated for 100,645 cf (100% of inflow) Center-of-Mass det. time= 49.8 min (803.4 - 753.6 ) Volume Invert Avail.Storage Storage Description #1 2,749.00' 10,841 cf 30.00'W x 350.00'L x 3.00'H STONE 31,500 cf Overall - 4,398 cf Embedded = 27,102 cf x 40.0% Voids #2 2 749.00' 4,398 cf 24.0"D x 350.00'L PIPE x 4 inside #1 15,239 cf Total Available Storage Device Routing Invert Outlet Devices #1 Primary 0.00' 6.000 in/hr Exfiltration over Horizontal area #2 Primary 2,752.00' 6.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s) #3 Device 2 2,745.18' 36.0" x 106.0' long Culvert RCP, rounded edge headwall, Ke= 0.100 Outlet Invert= 2,745.00' S= 0.0017 '/' Cc= 0.900 n= 0.013 Concrete pipe, bends & connections Primary OutFlow Max=55.07 cfs @ 11.92 hrs HW=2,754.05' (Free Discharge) 1=Exfiltration (Exfiltration Controls 1.46 cfs) Sharp-Crested Rectangular Weir (Weir Controls 53.61 cfs @ 4.68 fps) 3=Culvert (Passes 53.61 cfs of 59.38 cfs potential flow) Waynesville Sand Filter B Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HvdroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Futl programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 6S: Drainage Dist. X,Y,Z,AA,DD,EE,FF,QQ Hydrograph ^ Runoff Type II 24-hr 100yr 45 Rainfall=6.72" 40- Runoff Area=197,176 sf 35 Runoff Volume=100,678 cf 30 Runoff Depth=6.13" ~ 25- Flow Length=230' 20 Slope=0.0240 '/' Tc=2.2 m i n 15 CN=95 10 s 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville Sand Filter B Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 6S: Drainage Dist. X,Y,Z,AA,DD,EE,FF,QQ Runoff = 48.10 cfs ~ 11.92 hrs, Volume= 100,678 cf, Depth= 6.13" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type fl 24-hr 100yr Rainfall=6.72" Area (sf) CN Description 26,983 98 DD -Paved Parking 49,923 98 EE -Paved Parking 28,324 98 FF -Paved Parking 2,070 98 QQ -Paved Parking 2,937 39 X -Grass 43,271 98 Y -Paved Parking 6,182 39 Z -Grass 37,486 98 AA -Paved Parking 197,176 95 Weighted Average 9,119 Pervious Area 188,057 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft ) (ft/sec) (cfs) 2.2 230 0.0240 1.77 Sheet Flow, PVMT Smooth surfaces n= 0.011 P2= 3.28" ~s Drainage Dist. II,JJ,TT T-7S Infiltration Trench 3P Dry Pond T-5S Infiltration Trench 5S Drainage Dist. CC, GG, H H, KK-PP, RR, SS, U U Subcat Reach on Link Drainage Diagram for Waynesville HD Infiltration Trenches Prepared by HydroCAD SAMPLER 1-800-927-7246 vwvw.hydrocad.net 11/15/2007 HydroCAD® 8.00 SAMPLER s/n 006857 ®2006 HydroCAD Software Solutions LLC ~~ Waynesville HD Infiltration Trenches Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling 8pplications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 7S: Drainage Dist. II,JJ,TT Hydrograph 21 20 ts.2s cts ,9 Type II 24-hr 10yr ;; Rainfall=4.56" 15. Runoff Area=125,186 sf 14 Runoff Volume=45,108 cf ~ 12 Runoff Depth=4.32" o ;o Flow Length=800' LL 9 Tc=4.9 m i n 8.: 7_ CN=98 ^ Runoff 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville HD Infiltration Trenches Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 7S: Drainage Dist. II,JJ,TT Runoff = 19.29 cfs @ 11.95 hrs, Volume= 45,108 cf, Depth= 4.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 10yr Rainfall=4.56" Area (sf) CN Description 104,141 98 Drainage District 11 13,692 98 Drainage District JJ 7,353 98 Drainage District TT 125,186 98 Weighted Average 125,186 Impervious Area Tc Length Slope Velocity Capacity Description _ (min) (feet) (ft/ft) (ft/sec) (cfs) 3.2 250 0.0104 1.29 Sheet Flow, Roof Smooth surfaces n= 0.011 P2= 3.28" 0.6 155 0.0050 4.20 7.43 Circular Channel (pipe), Pipe #30-#31 Diam= 18.0" Area= 1.$ sf Perim= 4.7' r= 0.38' n= 0.013 Concrete pipe, bends & connections 1.1 395 0.0075 6.24 19.59 Circular Channel (pipe), Pipe #31-#32 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 Concrete pipe, bends & connections 4.9 800 Total Waynesville HD Infiltration Trenches Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-7S: Infiltration Trench Hydrograph ^ Inflow ® Primary v 3 0 LL Time (hours) Waynesville HD Infiltration Trenches Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-7S: Infiltration Trench [93] Warning: Storage range exceeded by 1.36' [88] Warning: Qout>Qin may require Finer Routing>1 Inflow Area = 125,186 sf, Inflow Depth = 4.32" for 10yr event Inflow = 19.29 cfs @ 11.95 hrs, Volume= 45,108 cf Outflow = 19.39 cfs @ 11.95 hrs, Volume= 39,631 cf, Atten= 0%, Lag= 0.0 min Primary = 19.39 cfs @ 11.95 hrs, Volume= 39,631 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs / 2 Peak Elev= 2,755.36' @ 11.95 hrs Surf.Area= 6,240 sf Storage= 9,984 cf Plug-Flow detention time= 157.5 min calculated for 39,618 cf (88% of inflow) Center-of-Mass det. time= 97.5 min (842.0 - 744.5 ) Volume Invert Avail.Storage Storage Description #1 2,750.00' 9,984 cf Custom Stage Data (Prismatic) Listed below (Recalc) 24,960 cf Overall x 40.0% Voids Elevation Su rf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 2,750.00 6,240 0 0 2,751.00 6,240 6,240 6,240 2,752.00 6,240 6,240 12,480 2,753.00 6,240 6,240 18,720 2,754.00 6,240 6,240 24,960 Device Routing Invert Outlet Devices #1 Primary 2,754.00' 4.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s) Primary Outi=low Max=19.34 cfs @ 11.95 hrs HW=2,755.36' (Free Discharge) 't-1=Sharp-Crested Rectangular Weir (Weir Controls 19.34 cfs @ 3.81 fps) Waynesville HD Infiltration Trenches Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 5S: Drainage Dist. CC,GG,HH,KK-PP,RR,SS,UU Hydrograph ^ Runoff ~- Type 1124-hr 10yr 30- Rainfall=4.56" 26 Runoff Area=253,304 sf 26 24_ Runoff Volume=75,062 cf ,~ 22 Runoff Depth=3.56" 20- 0 ,8 Flow Length=815' u. 16 ,4 Tc=5.9 min ,2 CN=91 4 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville HD Infiltration Trenches Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HvdroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 5S: Drainage Dist. CC,GG,HH,KK-PP,RR,SS,UU Runoff = 34.46 cfs @ 11.97 hrs, Volume= 75,062 cf, Depth= 3.56" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 10yr Rainfall=4.56" Area (sf) CN Description 38,547 98 CC - Pvmt 34,312 98 GG - Pvmt 44,619 98 HH - Pvmt 21,912 98 KK - Pvmt 43,000 98 LL - Pvmt 2,838 98 MM - Pvmt 6,216 98 NN - Pvmt 15,209 98 00 - Pvmt 2,893 39 PP -Grass 6,692 98 RR - Pvmt 9,577 98 SS - Pvmt 27 489 39 UU -Grass 253,304 91 Weighted Average 30,382 Pervious Area 222,922 Impervious Area Tc Length Slope Velocity Capacity Description (mini (feet) (ft/ft) (ft/sec) (cfs) 2.8 100 0.0023 0.59 Sheet Flow, Parking lot Smooth surfaces n= 0.011 P2= 3.28" 0.7 137 0.0035 3.11 3.82 Circular Channel (pipe), 34 to 35 Diam= 15.0" Area= 1.2 sf Perim= 3.9' r= 0.31' n= 0.013 0.7 137 0.0040 3.33 4.09 Circular Channel (pipe), 35 to 36 Diam= 15.0" Area= 1.2 sf Perim= 3.9' r= 0.31' n= 0.013 0.3 95 0.0040 4.55 14.31 Circular Channel (pipe), 36-41 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 0.5 104 0.0020 3.74 18.34 Circular Channel (pipe), 41-54 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.8 222 0.0030 4.58 22.47 Circular Channel (pipe), 54-44 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.1 20 0.0035 4.94 24.27 Circular Channel (pipe), 44-39 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 5.9 815 Total Waynesville HD Infiltration Trenches Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-5S: Infiltration Trench Hydrograph ^ Inflow ® Primary N w V O LL 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville HD Infiltration Trenches Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s!n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-5S: Infiltration Trench [93] Warning: Storage range exceeded by 2.08' [88] Warning: Qout>Qin may require Finer Routing>1 [85] Warning: Oscillations may require Finer Routing>1 Inflow Area = 253,304 sf, Inflaw Depth = 3.56" for 10yr event Inflow = 34.46 cfs @ 11.97 hrs, Volume= 75,062 cf Outflow = 35.13 cfs @ 11.96 hrs, Volume= 54,216 cf, Atten= 0%, Lag= 0.0 min Primary = 35.13 cfs @ 11.96 hrs, Volume= 54,216 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,757.08' @ 11.96 hrs Surf.Area= 10,430 sf Storage= 20,860 cf Plug-Flow detention time= 150.0 min calculated for 54,216 cf (72% of inflow) Center-of-Mass det. time= 57.0 min (843.5 - 786.6 ) Volume Invert Avail.Storage Storage Description #1 2,750.00' 20,860 cf Custom Stage Data (Prismatic) Listed below (Recalc) 52,150 cf Overall x 40.0% Voids Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) cubic-feet) 2,750.00 10,430 0 0 2, 751.00 10,430 10,430 10,430 2,752.00 10,430 10,430 20,860 2,753.00 10,430 10,430 31,290 2,754.00 10,430 10,430 41,720 2,755.00 10,430 10,430 52,150 Device Routing Invert Outlet Devices #1 Primary 2,755.00' 4.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s) Primary OutFlow Max=34.94 cfs @ 11.96 hrs HW=2,757.07' (Free Discharge) t-1=Sharp-Crested Rectangular Weir (Weir Controls 34.94 cfs @ 4.71 fps) Waynesville HD Infiltration Trenches Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond 3P: Dry Pond Hydrograph ® Inflow p Primary a w v 3 0 LL Time (hours) Waynesville HD Infiltration Trenches Type U 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond 3P: Dry Pond [79] Warning: Submerged Pond IT-7S Primary device # 1 by 0.37' Inflow Area = 378,490 sf, Inflow Depth = 2.98" for 10yr event Inflow = 54.45 cfs @ 11.96 hrs, Volume= 93,847 cf Outflow = 35.46 cfs @ 12.03 hrs, Volume= 64,908 cf, Atten= 35%, Lag= 4.2 min Primary = 35.46 cfs @ 12.03 hrs, Volume= 64,908 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,754.37' @ 12.03 hrs Surf.Area= 9,929 sf Storage= 32,893 cf Plug-Flow detention time= 176.5 min calculated for 64,886 cf (69% of inflow) Center-of-Mass det. time= 67.2 min (910.0 - 842.9 ) Volume Invert Avail.Storage Storage Description #1 2,749.00' 39,405 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) cubic-feet) (cubic-feet) 2,749.00 1,504 0 0 2,749.50 3,247 1,188 1,188 2,750.00 3,814 1,765 2,953 2,751.00 5,107 4,461 7,414 2,752.00 6,653 5,880 13,294 2,753.00 7,979 7,316 20,610 2,754.00 9,380 $,680 29,289 2,755.00 10,852 10,116 39,405 Device Routing Invert Outlet Devices #1 Primary 2,754.00' 24.0' long Sharp-Crested Rectangular Weir 0 End Contraction(s) #2 Device 1 2,746.00' 42.0" x 66.0' long Culvert CPP, square edge headwall, Ke= 0.500 Outlet Invert= 2,745.80' S= 0.0030'/' Cc= 0.900 n= 0.013 #3 Primary 2,754.00' 30.0' long x 10.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 #4 Primary 0.00' 0.080 in/hr Skimmer over Surface area Primary OutFlow Max=35.23 cfs @ 12.03 hrs HW=2,754.37' (Free Discharge) =Sharp-Crested Rectangular Weir (Weir Controls 17.83 cfs @ 2.00 fps) 2=Culvert (Passes 17.83 cfs of 28.27 cfs potential flow) 3=Broad-Crested Rectangular Weir (Weir Controls 17.38 cfs @ 1.56 fps) -Skimmer (Exfiltration Controls 0.02 cfs) Waynesville HD Infiltration Trenches Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HvdroCAD Software Solutions LLC 1 1 /1 512007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Ful{ programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 7S: Drainage Dist. II,JJ,TT Hydrograph ^ Runoff 26 Type 1124-hr 100yr 26 Rainfall=6.72" 24 22 Runoff Area=125,186 sf 2U Runoff Volume=67,612 cf ,8 Runoff Depth=6.48" ,° ,4 Flow Length=800' 12_ Tc=4.9 min ,o CN=98 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville HD Infiltration Trenches Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net ~droCAD®8 00 SAMPLER s/n 006857 ©2006 HvdroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 7S: Drainage Dist. II,JJ,TT Runoff = 28.52 cfs @ 11.95 hrs, Volume= 67,612 cf, Depth= 6.48" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 100yr Rainfall=6.72" Area (sf) CN Description 104,141 98 Drainage District II 13,692 98 Drainage District JJ 7,353 98 Drainage District TT 125,186 98 Weighted Average 125,186 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 3.2 250 0.0104 1.29 Sheet Flow, Roof Smooth surfaces n= 0.011 P2= 3.28" 0.6 155 0.0050 4.20 7.43 Circular Channel (pipe), Pipe #3031 Diam= 18.0" Area= 1.8 sf Perim= 4.7' r= 0.38' n= 0.013 Concrete pipe, bends & connections 1.1 395 0.0075 6.24 19.59 Circular Channel (pipe), Pipe #31-#32 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 Concrete pipe, bends &_connections 4.9 800 Total Waynesville HD Infiltration Trenches Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-7S: Infiltration Trench Hydrograph L'' Inflow `, f Primary Inflow Area=125,186 sf Peak Elev=2,755.76' Storage=9,984 cf 20 ~+ 18 v 16 LL 14 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville HD Infiltration Trenches Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only.. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-7S: Infiltration Trench [93] Warning: Storage range exceeded by 1.76' Inflow Area = 125,186 sf, Inflow Depth = 6.48" for 100yr event Inflow = 28.52 cfs @ 11.95 hrs, Volume= 67,612 cf Outflow = 27.93 cfs @ 11.95 hrs, Volume= 36,323 cf, Atten= 2%, Lag= 0.0 min Primary = 27.93 cfs @ 11.95 hrs, Volume= 36,323 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs / 2 Peak Elev= 2,755.76' @ 11.95 hrs Surf.Area= 6,240 sf Storage= 9,984 cf Plug-Flow detention time= 102.9 min calculated for 36,311 cf (54% of inflow) Center-of-Mass det. time= (not calculated: outflow precedes inflow) Volume Invert Avail.Storage Storage Description #1 2,750.00' 9,984 cf Custom Stage Data (Prismatic) Listed below (Recalc) 24,960 cf Overall x 40.0°I° Vaids Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 2,750.00 6,240 0 0 2,751.00 6,240 6,240 6,240 2,752.00 6,240 6,240 12,480 2,753.00 6,240 6,240 18,720 2,754.00 6,240 6,240 24,960 Device Routing Invert Outlet Devices #1 Primary 2,754.00' 4.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s) Primary OutFlow Max=27.86 cfs @ 11.95 hrs HW=2,755.76' (Free Discharge) t1=Sharp-Crested Rectangular Weir (Weir Controls 27.86 cfs @ 4.34 fps) Waynesville HD Infiltration Trenches Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 5S: Drainage Dist. CC,GG,HH,KK-PP,RR,SS,UU Hydrograph ^ Runoff 55 os.ia crs Type II 24-hr 100yr 50 Rainfall=6.72" 45 Runoff Area=253,304 sf 40 Runoff Volume=119,547 cf 35 Runoff Depth=5.66" 0 30 Flow Length=815' LL 25 Tc=5.9 min 20 CN=91 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville HD Infiltration Trenches Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 5S: Drainage Dist. CC,GG,HH,KK-PP,RR,SS,UU Runoff = 53.19 cfs @ 11.97 hrs, Volume= 119,547 cf, Depth= 5.66" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 100yr Rainfall=6.72" Area (sf) CN Description 38,547 98 CC - Pvmt 34,312 98 GG - Pvmt 44,619 98 HH - Pvmt 21,912 98 KK - Pvmt 43,000 98 LL - Pvmt 2,838 98 MM - Pvmt 6,216 98 NN - Pvmt 15,209 98 00 - Pvmt 2,893 39 PP -Grass 6,692 98 RR - Pvmt 9,577 98 SS - Pvmt 27,489 39 UU -Grass 253,304 91 Weighted Average 30,382 Pervious Area 222,922 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 2.8 100 0.0023 0.59 Sheet Flow, Parking lot Smooth surfaces n= 0.011 P2= 3.28" 0.7 137 0.0035 3.11 3.82 Circular Channel (pipe), 34 to 35 Diam= 15.0" Area= 1.2 sf Perim= 3.9' r= 0.31' n= 0.013 0.7 137 0.0040 3.33 4.09 Circular Channel (pipe), 35 to 36 Diam= 15.0" Area= 1.2 sf Perim= 3.9' r= 0.31' n= 0.013 0.3 95 0.0040 4.55 14.31 Circular Channel (pipe), 36-41 Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 0.5 104 0.0020 3.74 18.34 Circular Channel (pipe), 41-54 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.8 222 0.0030 4.58 22.47 Circular Channel (pipe), 54-44 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 0.1 20 0.0035 4.94 24.27 Circular Channel (pipe), 44-39 Diam= 30.0" Area= 4.9 sf Perim= 7.9' r= 0.63' n= 0.013 5.9 815 Total Waynesville HD Infiltration Trenches Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-5S: Infiltration Trench Hydrograph ^ Inflow ® Primary N V 3 O LL Od Time (hours) Waynesville HD Infiltration Trenches Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond IT-5S: Infiltration Trench [93] Warning: Storage range exceeded by 2.87' [88] Warning: Qout>Qin may require Finer Routing>1 [85] Warning: Oscillations may require Finer Routing>1 Inflow Area = 253,304 sf, Inflow Depth = 5.66" for 100yr event Inflow = 53.19 cfs @ 11.97 hrs, Volume= 119,547 cf Outflow = 54.50 cfs @ 11.96 hrs, Volume= 98,714 cf, Atten= 0%, Lag= 0.0 min Primary = 54.50 cfs @ 11.96 hrs, Volume= 98,714 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,757.87' @ 11.96 hrs Surf.Area= 10,430 sf Storage= 20,860 cf Plug-Flow detention time= 119.1 min calculated for 98,681 cf (83% of inflow) Center-of-Mass det. time= 45.2 min (819.3 - 774.1 ) Volume Invert Avail.Storage Storage Description #1 2,750.00' 20,860 cf Custom Stage Data (Prismatic) Listed below (Recalc) 52,150 cf Overall x 40.0% Voids Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 2, 750.00 10,430 0 0 2, 751.00 10,430 10,430 10,430 2,752.00 10,430 10,430 20,860 2,753.00 10,430 10,430 31,290 2,754.00 10,430 10,430 41,720 2,755.00 10,430 10,430 52,150 Device Routing Invert Outlet Devices #1 Primary 2,755.00' 4.0' song Sharp-Crested Rectangular Weir 2 End Contraction(s) Primary OutFlow Max=54.23 cfs @ 11.96 hrs HW=2,757.86' (Free Discharge) L1=Sharp-Crested Rectangular Weir (Weir Controls 54.23 cfs @ 5.53 fps) Waynesville HD Infiltration Trenches Type II 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond 3P: Dry Pond Hydrograph ^ Inflow ® Primary w w v 3 0 LL Time (hours) Waynesville HD Infiltration Trenches Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond 3P: Dry Pond [81] Warning: Exceeded Pond IT-7S by 0.04' @ 15.01 hrs Inflow Area = 378,490 sf, Inflow Depth = 4.28" for 100yr event Inflow = 82.33 cfs @ 11.96 hrs, Volume= 135,036 cf Outflow = 78.72 cfs @ 11.98 hrs, Volume= 106,098 cf, Atten= 4%, Lag= 1.1 min Primary = 78.72 cfs @ 11.98 hrs, Volume= 106,098 cf Routing by Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 2,754.64' @ 11.98 hrs Surf.Area= 10,324 sf Storage= 35,610 cf Plug-Flow detention time= 101.1 min calculated for 106,062 cf (79% of inflow) Center-of-Mass det. time= 31.2 min (823.0 - 791.8 ) Volume Invert Avail.Storage Storage Description #1 2,749.00' 39,405 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 2,749.00 1,504 0 0 2, 749.50 3, 247 1,188 1,188 2,750.00 3,814 1,765 2,953 2,751.00 5,107 4,461 7,414 2,752.00 6,653 5,880 13,294 2,753.00 7,979 7,316 20,610 2,754.00 9,380 8,680 29,289 2,755.00 10,852 10,116 39,405 Device Routing Invert Outlet Devices #1 Primary 2,754.00' 24.0' long Sharp-Crested Rectangular Weir 0 End Contraction(s) #2 Device 1 2,746.00' 42.0" x66.0' long Culvert CPP, square edge headwall, Ke= 0.500 Outlet Invert= 2,745.80' S= 0.0030'/' Cc= 0.900 n= 0.013 #3 Primary 2,754.00' 30.0' long x 10.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 #4 Primary 0.00' 0.080 in/hr Skimmer over Surface area Primary OutFlow Max=78.68 cfs @ 11.98 hrs HW=2,754.64' (Free Discharge) 1=Sharp-Crested Rectangular Weir (Passes 37.10 cfs of 40.30 cfs potential flow) L2=Culvert (Inlet Controls 37.10 cfs @ 3.86 fps) 3=Broad-Crested Rectangular Weir (Weir Controls 41.56 cfs @ 2.16 fps) -Skimmer (Exfiltration Controls 0.02 cfs) 8S Drainage Dist. S and T Subcat Reach on Link Waynesville WM Roof Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 8S: Drainage Dist. S and T Hydrograph 34 3°- Type II 24-hr 10yr 26- Rainfall=4.56" 26 24 Runoff Area=184,267 sf 22 Runoff Volume=66,396 cf ~ 20- Runoff Depth=4.32" 18.. 0 16- Flow Length=230' LL 14 Slope=0.0200 '/' 12 ,° Tc=2.3 min 6_ CN=98 6 ^ Runoff 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville WM Roof Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 8S: Drainage Dist. S and T Runoff = 30.77 cfs @ 11.93 hrs, Volume= 66,396 cf, Depth= 4.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 10yr Rainfall=4.56" Area (sfl CN Description 176,928 98 WM Roof 7,339 98 T -Paved parking & roofs 184,267 98 Weighted Average 184,267 Impervious Area Tc Length Slope Velocity Capacity Description _ (min) (feet) (ft/ft) (ft/sec) (cfs) 2.3 230 0.0200 1.65 Sheet Flow, Roof Smooth surfaces n= 0.011 P2= 3.28" Waynesville WM Roof Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HvdroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 8S: Drainage Dist. S and T Hydrograph ^ Runoff Type 1124-hr 100yr Rainfall=6.72" Runoff Area=184,267 sf Runoff Volume=99,522 cf 2$ Runoff Depth=6.48" 26-. g 24 Flow Length=230' tZ 22- 20- Slope=0.0200 '/' 18- ,6 Tc=2.3 min 14 ,2 CN=98 10; 8 6- 4 2 0- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Waynesville WM Roof Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 8S: Drainage Dist. S and T Runoff = 45.48 cfs @ 11.93 hrs, Volume= 99,522 cf, Depth= 6.48" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type II 24-hr 100yr Rainfall=6.72" Area (sf) CN Description 176,928 98 WM Roof 7,339 98 T -Paved parking & roofs 184,267 98 Weighted Average 184,267 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 2.3 230 0.0200 1.65 Sheet Flow, Roof Smooth surfaces n= 0.011 P2= 3.28" 1S GS-A Drainage Dist. " 2S Drainage Dist. A1,A2,B-G,K,L,O,XX Subcat Reach on Link BIO-BASIN C Waynesville Bio Basin A-C Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 1S: Drainage Dist. H - J Hydrograph ^ Runoff Type II 24-hr 10yr Rainfall=4.56" ,_ Runoff Area=19,875 sf Runoff Volume=4,020 cf Runoff Depth=2.43" LL Flow Length=240' Tc=18.1 min CN=79 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Time (hours) Waynesville Bio Basin A-C Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net H ~d~ roCAD®8 00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 1S: Drainage Dist. H - J Runoff = 1.30 cfs @ 12.11 hrs, Volume= 4,020 cf, Depth= 2.43" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Type II 24-hr 10yr Rainfall=4.56" Area (sf) CN Description 4,184 39 H1>75% Grass cover, Good, HSG A 5,236 98 H2, Paved parking & roofs 8,325 98 I, Paved parking & roofs 2,130 39 J, >75% Grass cover, Good, HSG A 19,875 79 Weighted Average 6,314 Pervious Area 13,561 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.4 80 0.0040 0.09 Sheet Flow, Drainage Dist. K Grass: Short n= 0.150 P2= 3.28" 2.7 160 0.0070 1.01 Sheet Flow, Drainage Dist. I Smooth surfaces n= 0.011 P2= 3.28" 18.1 240 Total Waynesville Bio Basin A-C Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCADO 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond GS-A: Grass Swale A Hydrograph ^ Inflow ® Primary v 3 0 LL Time (hours) ,~ Waynesville Bio Basin A-C Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond GS-A: Grass Swale A Inflow Area = 19,875 sf, Inflow Depth = 2.43" for 10yr event Inflow = 1.30 cfs @ 12.11 hrs, Volume= 4,020 cf Outflow = 0.52 cfs @ 12.35 hrs, Volume= 4,018 cf, Atten= 60%, Lag= 14.3 min Primary = 0.52 cfs @ 12.35 hrs, Volume= 4,018 cf Routing by Stor-Ind method, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Peak Elev= 2,760.25' @ 12.35 hrs Surf.Area= 2,156 sf Storage= 1,268 cf Plug-Flow detention time= 83.0 min calculated for 4,018 cf (100% of inflow) Center-of-Mass det. time= 82.8 min (919.5 - 836.7 ) Volume Invert Avail.Storage Storage Description #1 2,759.00' 3,220 cf Custom Stage Data (Irregular) Listed below Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area (feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft) 2,759.00 22 106.0 0 0 22 2,760.00 1,654 381.0 622 622 10,682 2,761.00 3,675 424.0 2,598 3,220 13,466 Device Routing Invert Outlet Devices #1 Primary 0.00' 1.500 in/hr Exfiltration over Surface area #2 Primary 2,759.50' 1.5" Vert. Orifice/Grate X 6.00 columns X 3 rows with 6.0" cc spacing C= 0.600 #3 Primary 2,760.89' 12.0" Horiz. Orifice/Grate Limited to weir flow C= 0.600 #4 Primary 2,760.90' 2.0' long x 3.0' breadth Broad-Crested Rectangular Weir -Curb Cut Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 Coef. (English) 2.44 2.58 2.68 2.67 2.65 2.64 2.64 2.68 2.68 2.72 2.81 2.92 2.97 3.07 3.32 Primary OutFlow Max=0.52 cfs @ 12.35 hrs HW=2,760.25' (Free Discharge) 1=Exfiltration (Exfiltration Controls 0.07 cfs) 2=Orifice/Grate (Orifice Controls 0.45 cfs @ 3.03 fps) 3=Orifice/Grate (Controls 0.00 cfs) -Broad-Crested Rectangular Weir -Curb Cut (Controls 0.00 cfs) t Waynesville Bio Basin A-C Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 2S: Drainage Dist. A1,A2,B-G,K,L,O,XX Hydrograph 32 Type II 24-hr 10yr Rainfall=4.56" Runoff Area=200,976 sf Runoff Volume=61,304 cf 0 LL Runoff Depth=3.66" Flow Length=890' Tc=4.5 min 12- ,o CN=92 6 ^ Runoff 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Time (hours) Waynesville Bio Basin A-C Type 1124-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 2S: Drainage Dist. A1,A2,B-G,K,L,O,XX Runoff = 29.16 cfs @ 11.95 hrs, Volume= 61,304 cf, Depth= 3.66" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Type II 24-hr 10yr Rainfall=4.56" Area (sf) CN Description 39,166 98 Drainage District Al 27,952 98 Drainage District A2 26,169 98 Drainage District B 17,132 39 Drainage District C 4,667 98 Drainage District D 5,850 98 Drainage District E 7,973 98 Drainage District F 9,011 98 Drainage District G 4,455 98 Drainage District K 38,911 98 Drainage District L 16,417 98 Drainage District O 3,273 39 Drainage District XX 200,976 92 Weighted Average 20,405 Pervious Area 180,571 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ftlsec) (cfs) 0.5 25 0.0140 0.92 Sheet Flow, Roof Smooth surfaces n= 0.011 P2= 3.28" 0.3 25 0.0010 1.27 0.69 Circular Channel (pipe), Roof to #3b Diam= 10.0" Area= 0.5 sf Perim= 2.6' r= 0.21' n= 0.013 1.8 348 0.0050 3.21 2.52 Circular Channel (pipe), Pipe #3b to #3 Diam= 12.0" Area= 0.8 sf Perim= 3.1' r= 0.25' n= 0.013 0.8 200 0.0052 4.29 7.57 Circular Channel (pipe), Pipe #3 to #16 Diam= 18.0" Area= 1.8 sf Perim= 4.7' r= 0.38' n= 0.013 0.8 212 0.0052 4.29 7.57 Circular Channel (pipe), Pipe #16 tp #17 Diam= 18.0" Area= 1.8 sf Perim= 4.7' r= 0.38' n= 0.013 0.3 80 0.0052 5.19 16.31 Circular Channel (pipe), Pipe #17 to BB C Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 4.5 890 Total Waynesville Bio Basin A-C Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond BB-C: BIO-BASIN C Hydrograph Inflow Area=220,851 sf Peak Elev=2,753.76' Storage=25,461 cf ~ 1 1 0 u. 1 ® Inflow Outflow '_ Primary Secondary 0 1 2 3 4 5 6 7 8 9 101112131415161718192021222324252627282930313233343536 Time (hours) Waynesville Bio Basin A-C Type 11 24-hr 10yr Rainfall=4.56" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond BB-C: BIO-BASIN C Inflow Area = 220,851 sf, Inflow Depth = 3.55" for 10yr event Inflow = 29.34 cfs @ 11.95 hrs, Volume= 65,323 cf Outflow = 2.20 cfs @ 12.62 hrs, Volume= 65,323 cf, Atten= 93%, Lag= 39.9 min Primary = 2.20 cfs @ 12.62 hrs, Volume= 65,323 cf Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Routing by Stor-Ind method, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Peak Elev= 2,753.76' @ 12.62 hrs Surt.Area= 15,817 sf Storage= 25,461 cf Plug-Flow detention time= 91.4 min calculated for 65,323 cf (100% of inflow) Center-of-Mass det. time= 91.4 min (880.9 - 789.5 ) Volume Invert Avail.Storage Storage Description #1 2,752.00' 45,937 cf Custom Stage Data (Irregular) Listed below Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area (feet) (sq-ft) (feet) (cubic-feet? (cubic-feet) (sq-ft) 2,752.00 12,511 605.0 0 0 12,511 2,753.00 14,355 624.0 13,422 13,422 14,468 2,754.50 17,228 652.0 23,655 37,077 17,468 2,755.00 18,215 662.0 8,860 45,937 18,564 Device Routing Invert Outlet Devices #1 Primary 0.00' 6.000 in/hr Exfiltration over Horizontal area #2 Secondary 2,754.00' 24.0' long Sharp-Crested Rectangular Weir 0 End Contraction(s) #3 Device 2 2,750.28' 36.0" x 56.0' long Culvert RCP, rounded edge headwall, Ke= 0.100 Outlet Invert= 2,750.00' S= 0.0050'/' Cc= 0.900 n= 0.013 Concrete pipe, bends & connections #4 Secondary 2,754.50' 20.0' long x 5.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.34 2.50 2.70 2.68 2.68 2.66 2.65 2.65 2.65 2.65 2.67 2.66 2.68 2.70 2.74 2.79 2.88 Primary OutFlow Max=2.20 cfs @ 12.62 hrs HW=2,753.76' (Free Discharge) L1=Exfiltration (Exfiltration Controls 2.20 cfs) econdary OutFlow Max=0.00 cfs @ 0.00 hrs HW=2,752.00' (Free Discharge) Sharp-Crested Rectangular Weir (Controls 0.00 cfs) 3=Culvert (Controls 0.00 cfs) -Broad-Crested Rectangular Weir (Controls 0.00 cfs) Waynesville Bio Basin A-C Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 1S: Drainage Dist. H - J Hydrograph ^ Runoff Type 1124-h r 100yr 2 Rainfall=6.72" Runoff Area=19,875 sf Runoff Volume=7,170 cf Runoff Depth=4.33" LL Flow Length=240' Tc=18.1 min CN=79 a-. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Time (hours) Waynesville Bio Basin A-C Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net ~droCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 1S: Drainage Dist. H - J Runoff = 2.31 cfs @ 12.10 hrs, Volume= 7,170 cf, Depth= 4.33" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Type II 24-hr 100yr Rainfall=6.72" Area (sf) CN Description 4,184 39 H 1 >75% Grass cover, Good, HSG A 5,236 98 H2, Paved parking & roofs 8,325 98 I, Paved parking & roofs 2,130 39 J, >75% Grass cover, Good, HSG A 19,875 79 Weighted Average 6,314 Pervious Area 13,561 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.4 80 0.0040 0.09 Sheet Flow, Drainage Dist. K Grass: Short n= 0.150 P2= 3.28" 2.7 160 0.0070 1.01 Sheet Flow, Drainage Dist. I Smooth surfaces n= 0.011 P2= 3.28" 18.1 240 Total Waynesville Bio Basin A-C Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroGAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond GS-A: Grass Swale A Hydrograph ® Inflow Primary w v 3 0 LL Time (hours) Waynesville Bio Basin A-C Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HvdroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond GS-A: Grass Swale A Inflow Area = 19,875 sf, Inflow Depth = 4.33" for 100yr event Inflow = 2.31 cfs @ 12.10 hrs, Volume= 7,170 cf Outflow = 0.86 cfs @ 12.35 hrs, Volume= 7,168 cf, Atten= 63%, Lag= 15.2 min Primary = 0.86 cfs @ 12.35 hrs, Volume= 7,168 cf Routing by Stor-Ind method, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Peak Elev= 2,760.66' @ 12.35 hrs Surf.Area= 2,992 sf Storage= 2,342 cf Plug-Flow detention time= 67.8 min calculated for 7,166 cf (100% of inflow) Center-of-Mass det. time= 67.8 min (888.0 - 820.2 ) Volume Invert Avail.Storage Storage Description #1 2,759.00' 3,220 cf Custom Stage Data (Irregular) Listed below Elevation Su rf.Area Perim. Inc.Store Cum.Store Wet.Area (feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft) 2,759.00 22 106.0 0 0 22 2,760.00 1,654 381.0 622 622 10,682 2,761.00 3,675 424.0 2,598 3,220 13,466 Device Routing Invert Outlet Devices #1 Primary 0.00' 1.500 in/hr Exfiltration over Surface area #2 Primary 2,759.50' 1.5" Vert. Orifice/Grate X 6.00 columns X 3 rows with 6.0" cc spacing C= 0.600 #3 Primary 2,760.89' 12.0" Horiz. Orifice/Grate Limited to weir flow C= 0.600 #4 Primary 2,760.90' 2.0' long x 3.0' breadth Broad-Crested Rectangular Weir -Curb Cut Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 Coef. (English) 2.44 2.58 2.68 2.67 2.65 2.64 2.64 2.68 2.68 2.72 2.81 2.92 2.97 3.07 3.32 Primary OutFlow Max=0.86 cfs @ 12.35 hrs HW=2,760.66' (Free Discharge) 1=Exfiltration (Exfiltration Controls 0.10 cfs) 2=Orifice/Grate (Orifice Controls 0.76 cfs @ 3.43 fps) 3=Orifice/Grate (Controls 0.00 cfs) -Broad-Crested Rectangular Weir -Curb Cut (Controls 0.00 cfs) Waynesville Bio Basin A-C Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HvdroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 2S: Drainage Dist. A1,A2,B-G,K,L,O,XX Hydrograph ^ Runoff Type II 24-hr 100yr Rainfall=6.72" Runoff Area=200,976 sf Runoff Volume=96,778 cf 26 Runoff Depth=5.78" 22 Flow Length=890' ;8 Tc=4.5 min 14 CN=92 ,2 10 8 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Time (hours) Waynesville Bio Basin A-C Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 1 1 /1 512007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Subcatchment 2S: Drainage Dist. A1,A2,B-G,K,L,O,XX Runoff = 44.61 cfs @ 11.95 hrs, Volume= 96,778 cf, Depth= 5.78" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Type II 24-hr 100yr Rainfall=6.72" Area (sf) CN Description 39,166 98 Drainage District Al 27,952 98 Drainage District A2 26,169 98 Drainage District B 17,132 39 Drainage District C 4,667 98 Drainage District D 5,850 98 Drainage District E 7,973 98 Drainage District F 9,011 98 Drainage District G 4,455 98 Drainage District K 38,911 98 Drainage District L 16,417 98 Drainage District O 3,273 39 Drainage District XX 200,976 92 Weighted Average 20,405 Pervious Area 180,571 Impervious Area Tc Length Slope Velocity Capacity Description _(min) (feet) (ft/ft) (ft/sec) (cfs) 0.5 25 0.0140 0.92 Sheet Flow, Roof Smooth surfaces n= 0.011 P2= 3.28" 0.3 25 0.0010 1.27 0.69 Circular Channel (pipe), Roof to #3b Diam= 10.0" Area= 0.5 sf Perim= 2.6' r= 0.21' n= 0.013 1.8 348 0.0050 3.21 2.52 Circular Channel (pipe), Pipe #3b to #3 Diam= 12.0" Area= 0.8 sf Perim= 3.1' r= 0.25' n= 0.013 0.8 200 0.0052 4.29 7.57 Circular Channel (pipe), Pipe #3 to #16 Diam= 18.0" Area= 1.8 sf Perim= 4.7' r= 0.38' n= 0.013 0.8 212 0.0052 4.29 7.57 Circular Channel (pipe), Pipe #16 tp #17 Diam= 18.0" Area= 1.8 sf Perim= 4.7' r= 0.38' n= 0.013 0.3 80 0.0052 5.19 16.31 Circular Channel (pipe), Pipe #17 to BB C Diam= 24.0" Area= 3.1 sf Perim= 6.3' r= 0.50' n= 0.013 4.5 890 Total Waynesville Bio Basin A-C Type 1124-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond BB-C: BIO-BASIN C Hydrograph Inflow Area=220,851 sf Peak Elev=2,754.35' Storage=34,753 cf ~~ 3 25 ~a.s 0 LL 10 5 ® Inflow Outflow p Primary C ~' Secondary 2 3 4 5 6 7 8 9 101112131415161718192021222324252627282930313233343536 Time (hours) ,: Waynesville Bio Basin A-C Type 11 24-hr 100yr Rainfall=6.72" Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net HydroCAD® 8.00 SAMPLER s/n 006857 ©2006 HydroCAD Software Solutions LLC 11/15/2007 This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and educational use only. For actual design or modeling applications you must use a full version of HydroCAD which may be purchased at www.hydrocad.net. Full programs also include complete printed documentation, technical support, training materials, and additional features which are essential for actual design work. Pond BB-C: BIO-BASIN C Inflow Area = 220,851 sf, Inflow Depth = 5.65" for 100yr event Inflow - 44.96 cfs @ 11.95 hrs, Volume= 103,946 cf Outflow = 18.80 cfs @ 12.04 hrs, Volume= 103,946 cf, Atten= 58%, Lag= 5.6 min Primary = 2.35 cfs @ 12.04 hrs, Volume= 87,695 cf Secondary = 16.44 cfs @ 12.04 hrs, Volume= 16,251 cf Routing by Stor-Ind method, Time Span= 0.00-36.00 hrs, dt= 0.01 hrs Peak Elev= 2,754.35' @ 12.04 hrs Surf.Area= 16,946 sf Storage= 34,753 cf Plug-Flow detention time= 91.6 min calculated for 103,917 cf (100% of inflow) Center-of-Mass det. time= 91.5 min (868.7 - 777.2 ) Volume Invert Avail.Storage Storage Description #1 2,752.00' 45,937 cf Custom Stage Data (Irregular) Listed below Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area (feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft) 2,752.00 12,511 605.0 0 0 12,511 2,753.00 14,355 624.0 13,422 13,422 14,468 2,754.50 17,228 652.0 23,655 37,077 17,468 2,755.00 18,215 662.0 8,860 45,937 18,564 Device Routing Invert Outlet Devices #1 Primary 0.00' 6.000 in/hr Exftltration over Horizontal area #2 Secondary 2,754.00' 24.0' long Sharp-Crested Rectangular Weir 0 End Contraction(s) #3 Device 2 2,750.28' 36.0" x 56.0' long Culvert RCP, rounded edge headwall, Ke= 0.100 Outlet Invert= 2,750.00' S= 0.0050'/' Cc= 0.900 n= 0.013 Concrete pipe, bends & connections #4 Secondary 2,754.50' 20.0' long x 5.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.34 2.50 2.70 2.68 2.68 2.66 2.65 2.65 2.65 2.65 2.67 2.66 2.68 2.70 2.74 2.79 2.88 Primary OutFlow Max=2.35 cfs @ 12.04 hrs HW=2,754.35' (Free Discharge)' t-1=Exfltration (Exfiltration Controls 2.35 cfs) econdary OutFlow Max=16.36 cfs @ 12.04 hrs HW=2,754.35' (Free Discharge) Sharp-Crested Rectangular Weir (Weir Controls 16.36 cfs @ 1.94 fps) 3=Culvert (Passes 16.36 cfs of 27.40 cfs potential flow) -Broad-Crested Rectangular Weir (Controls 0.00 cfs)