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SW8980436_HISTORICAL FILE_20231128
STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 10Gg3 6 DOC TYPE ❑ CURRENT PERMIT ❑� APPROVED PLANS P�,/HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE �023 1I .2 S YYYYMMDD Burd, Tina J From: Burd, Tina J Sent: Monday, November 27, 2023 2:19 PM To: fkicsak@blueridgecompanies.com Cc: Inman, Logan W Subject: SW8 980436 - The Reserve at Forest Hills The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $750.00 fee for the subject project on November 27, 2023. The project has been assigned to Logan Inman and you will be notified if additional information is needed. If you have any questions about the project or status of the review, please contact Logan Inman (cc'd). Note: Effective October 3id 2023, permit fees have increased as a result of Session Law 2023-134. A full list of the fee adjustments are available on the following DEQ website: Permit Fees 2023 Updates I NC DEQ The website and forms will be updated to reflect these new fees. Best Regards, Tina Burd Administrative Associate II 910-796-7215 New email: tina.burd(@deq.nc.gov NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 eesd fru,n ihis address Is soojec!to the ;vY r �fna Yuh. r_,a,,R!S i.,..a.4nC may,)e,hSC10S Y to(third pales. Nlany employees are working remotely or are on staggered shifts. Please check with the appropriate staff before visiting our offices, as they may be. able to handle your requests by phone or email. 1 Non- nsfer lica . n Compl a i�r'6NLkliSf L Project Name: Date Delivered to WIRO: Project County/Location: RIMS Received/Accepted Date: Date Given to Arlin Permit Action: New New Permit#': BIMS Acknowledged Datel: ❑Not located in the ETJ of the following delegated and functioning programs: NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach Bruns: Leland/Navassa(?)/Oak Island f Cart: Emerald Isle Onsl: acksonville Pend: Surf City Major M / Minor Mo / enewal ��y/y�dQFxisti-ng Permit pplicant&Permittee are the same?3 O Expiration Date°: Permit Type: HD/ /LD Overall/HD&LD Combo General Permit/Offsite/Exempt + Redevelopment ❑Offsite to SWB: Development Typ ommercial esidential/Other - El Is Offsite Lot approved in Master Permit?s Subdivided?: Subdivision or Single Lot OZ Rule(s): ❑2017 Coastal 02008 Coastal M1995 Coastal ❑Phase II ❑Universal 1988 Coastal PerWmittepe&Documents Needed: erty Owner(s) Purchaser QLessee EIHOA Developer e? QViable? Viable? Viable? ❑Viable? Deed Purchase Agmt Lease Election Minutes A rk licati,n c ithin 6mo) Check#(s): �+ No Fee V, 4 alementr(1 new form or for older forms:1 original per SCM) ❑Soils Report(Infil or PP) ❑Calculations(signed sealed ❑Deed Restrictions,if subdivided ded ❑Project Narrative ❑USGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N ❑Plans(2 Sets) NOTES: 3Enter BIMS Acknowledged Date on this Sheet 2For New Projects-Enter New Permit#on Supplements&Deed Restriction Templates. 3If permittee is different,STOP. Needs to be transferred first. °If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first. slf Lot not approved in master permit,STOP. Master permit needs mod. EMAILED ENGINEER DATE: Comments: REVIEWER NAME: G:\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_202109 08 Beasley, Michelle From: Emily Sundseth <esundseth@blueridgecompanies.com> Sent: Tuesday, November 21, 2023 10:06 AM To: Beasley, Michelle Cc: Fred Kicsak; Susan Passmore Subject: [External] FW: SW8 980436 - The Reserve at Forest Hills Importance: High (CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good morning. Check#27798 in the amount of$245 is going out in the mail today for the difference of our permit renewal fees for permit SW8 980436. Please let me know if you need anything further. Thank you, Emily Sundseth CAM,CAPS ADMINISTRATIVE COORDINATOR AA OJIM1111, 18 .Cl& p+ i+ ® © p.336.889.1529 m. 336.215.0101 f. 336.889.1501 esundsethCxD b I ueridg ecompa n ies.com 5826 Samet Drive-Suite 105 BLUE RIDGE High Point, NC 27265 C O M P A N I E S blueridgecompanies.com This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.If the reader of the message is not the intended recipient or an authorized representative of the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited.If you have received this communication in error,notify the sender immediately by return email and delete the message and any attachments from your system. From: Fred Kicsak<fkicsak@blueridgecompanies.com> Sent: Wednesday, November 15, 2023 10:37 AM To: Emily Sundseth <esundseth@blueridgecompanies.com> Cc: Susan Passmore<spassmore@blueridgecompanies.com> Subject: FW:SW8 980436-The Reserve at Forest Hills Importance: High FYI —it seems they had fee changes. Fred Kicsak VICE PRESIDENT - MAINTENANCE AND SERVICE A 1 Beasley, Michelle From: Beasley, Michelle Sent: Tuesday, November 14, 2023 10:07 AM To: fkicsak@blueridgecompanies.com Subject: SW8 980436 - The Reserve at Forest Hills The Wilmington Regional Office has received the renewal application packet for this permit, SW8 980436, including check#27770 for$505. Please be aware that recent legislation has changed several fees starting October 3rd. The post construction, state stormwater fees were some of the ones that have changed and renewal fees are now$750. 1 believe they are trying to update the website, forms, and such but, in the meantime,we are trying to communicate this change as best as we can. We cannot accept your application request without the appropriate fees. Please advise if you will be submitting an additional check for the difference ($245) or if you prefer to issue a replacement check for the total amount and we can return check# 27770. I'm sorry for the inconvenience this likely causes. Note: Effective October 3`a 2023,permit fees have increased as a result of Session Law 1023-134. A full list of the fee adjustments are available on the following DEQ website: Permit Fees 2023 Updates I NC DEQ The website and forms will be updated to reflect these new fees. Our office is closed on Friday, November 10, 2023 in observance of the Veterans Day holiday. Our continued gratitude for those who served and made the ultimate sacrifice for our freedom! Information, applications and forms can be found on our website (here). Updates on submitted applications can be found through the Environmental Application Tracker I NC DEQ. Current Stormwater Permittees can be found here: DEQ Maps & Permit Data: Maps& Permit Data I NC DEQ The Stormwater Laserfiche Repository can be found here. Link for AccessDEQ! Thank you for your understanding in this matter. Should you have any questions and/or comments or need additional information, please feel free to contact me. Michelle Beasley(she/her/hers) Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality t 4 % « lop 4 ' , \ » ® \ ! ] , £ __\ > Ez/yam \x . § « a © § 2 © 2\ \ . ` 4�0 \�� . \�\ • � . �§ . ® . « . ,�K 1r 1� I� II��II�INIIII��I�INI�u�Hnl�l 2013002477 SFOR REGISTRATION REGISTER OF DEED' TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 JAN 23 09 06.36 AM BK 6105 PG 2849-2864 FEE $26 00 INSIRUPP,ENi # 201300241i Prepared by and after recordation return to Tessa T Leftwich, Esq Isaacson Isaacson Sheridan&Fountain, LLP 101 W Friendly Avenue,Suite 400 Greensboro,NC 27401 AGREEMENT AND DECLARATION OF COVENANTS,RESTRICTIONS AND EASEMENTS THIS AGREEMENT AND DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS ("Declaration") is made as of the A day of \anuAytI, 2012 by FOREST HILL APARTMENTS, LLC, a North Carolina limited liability company ("Forest Hill") and BRC WILMINGTON, LLC, a North Carolina limited liability company("BRC") STATEMENT OF BACKGROUND Forest Hill is the owner of certain real property located in Wilmington, New Hanover County, North Carolina described on Exhibit A hereto (the "Phase I Property"). BRC is the owner of certain real property located in Wilmington, New Hanover County, North Carolina, immediately adjacent to the Phase I Property being described on Exhibit B hereto (the "Phase ii Property") For purposes hereof, the Phase I Property and the Phase 11 Property are sometimes hereinafter collectively referred to as the "Property" The easements and rights under this Declaration hereunder shall run to the benefit of and bind the Property and any portions thereof, however reconfigured or re-subdivided in the future, and the owners from time to time of the Property or any portions thereof The Phase I Property has been developed as an apartment complex It is proposed that apartment buildings be constructed on the Phase II Property The parties desire that if necessary, the development on the Phase 11 Property can be operated as a separate, stand alone apartment complex In addition Forest Hill desires certain benefits associated with the Phase II Property Accordingly, the parties recognize that it is necessary and advisable to establish certain restrictions on the Property and certain nghts and easements with respect to the construction, Irrl•I �I IIIII ,r\I"Nil ` I� installation, replacement, repair, use and maintenance of certain roadways, parking areas, utilities and facilities on the Property Such easements, restrictions and rights shall run to the benefit of and bind the Property, and the owners from time to time of the Property or any portion thereof As used herein the owner of the Phase I Property and the Phase 11 Property and their respective heirs, successors, grantees and assigns are sometimes referred to herein individually as the "Owner"of such tract, or collectively, as the"Owners" NOW THEREFORE, for and in consideration of the benefits to be den ved by the parties and each and every subsequent Owner of the Property, the parties hereby establish, publish and declare that the covenants, restrictions and easements set forth herein shall apply to all of the Property ARTICLE 1-ESTABLISHMENT OF RESTRICTIONS, EASEMENTS AND RIGHTS Section i 1 Reciprocal Utility Easement a Forest Hill does hereby establish, and declare for the benefit of the Phase II Property a perpetual, non-exclusive easement in, to, over, and under and across the Phase I Property for the installation, operation, maintenance and use of water lines, water mains, water pipes and other such water utility lines or facilities, as well as electrical lines and facilities, sewer lines and facilities, storm water drainage pipes and facilities, telephone Imes and facilities, cable television lines and facilities, natural gas lines and facilities and such other lines and facilities as may be necessary to serve a multifamily residential complex on the Phase 11 Property(referred to herein as the "Phase 11 Utility Lines"), together with a temporary construction easement in, to, over, under and across the Phase I Property for purposes of constructing, installing and fabricating the Phase I1 Utility Lines and connecting to any utility lines on the Phase I Property as necessary to provide utility service to the Phase 11 Property Forest Hill shall have the right to locate or relocate the Phase II Utility Lines located on the Phase I Property, provided, however, any location or relocation pursuant to the foregoing shall be done so as to minimize disruption of utility service to the Phase II Property and shall be at Forest Hill's sole cost and expense In no event shall the installation, construction and/or maintenance of the Phase 11 Utility Lines interfere with any improvements or utility lines located on or serving the Phase I Property To the extent practicable, BRC shall install separate sub-meters at the point of connection to the utility lines on the Phase I Property to measure the consumption of such utility service by the Phase II Property and BRC shall be responsible for the cost of such consumption To the extent a separate meter has not been installed by BRC or is otherwise not available, BRC shall be responsible for its Pro Rata Share (as defined below) of the costs and expenses associated with the Property's consumption of such water service, and shall pay such Pro Rata Share within thirty (30) days after receipt of written request therefor from Forest Hill With respect to any type of work performed by or on behalf of BRC pursuant to the easements granted in this section, BRC hereby covenants and agrees to restore, as nearly as possible, that portion of the Phase I Property affected by such work to its original condition (including, without limitation, backfilling of trenches, sodding of lawns, replacement of shrubbery, and re-paving or resurfacing of paved areas) Page 2 of 15 U ' I \K \II"�'n � n � \ �` � • I I �II•u i "`� \`ill \�I \11 `.I� H WI hII t1,VL I`II \I` b BRC does hereby establish, and declare for the benefit of the Phase I Property a perpetual, non-exclusive easement in, to, over, and under and across the Phase II Property for the installation, operation, maintenance and use of water Imes, water mains, water pipes and other such water utility lines or facilities, as well as electrical lines and facilities, sewer lines and facilities, storm water drainage pipes and facilities, telephone lines and facilities, cable television lines and facilities, natural gas lines and facilities and such other lies and facilities as may be necessary to serve a multifamily residential complex on the Phase I Property (referred to herein as the "Phase I Utility Lines"), together with a temporary construction easement in, to, over, under and across the Phase II Property for purposes of constructing, installing and fabricating the Phase I Utility Lines and connechng to any utility lines on the Phase II Property as necessary to provide utility service to the Phase I Property BRC shall have the right to locate or relocate the Phase I Utility Lines located on the Phase 11 Property, provided, however, any location or relocation pursuant to the foregoing shall be done so as to minimize disruption of utility service to the Phase I Property and shall be at BRC's sole cost and expense In no event shall the installation, construction and/or maintenance of the Phase I Utility Lines interfere with any improvements or utility lines located on or serving the Phase 11 Property To the extent practicable, Forest Hill shall install separate sub-meters at the point of connection to the utility lines on the Phase II Property to measure the consumption of such utility service by the Phase 1 Property and Forest Hill shall be responsible for the cost of such consumption To the extent a separate meter has not been installed by Forest Hill or is otherwise not available, Forest Hill shall be responsible for its Pro Rata Share (as defined below) of the costs and expenses associated with the Property's consumption of such water service, and shall pay such Pro Rata Share within thirty (30) days after receipt of written request therefor from BRC With respect to any type of work performed by or on behalf of Forest Hill pursuant to the easements granted in this section, Forest Hill hereby covenants and agrees to restore, as nearly as possible, that portion of the Phase II Property affected by such work to its original condition (including, without limitation, backfillmng of trenches, sodding of lawns, replacement of shrubbery, and re-paving or resurfacing of paved areas) Section 1 2 Reciprocal Grading Easement Forest Hill and BRC do hereby establish and declare for the benefit of each of the Phase I Property and the Phase II Property a perpetual, non-exclusive easement in, to, over, under and across a portion of the Phase I Property and the Phase II Property as is reasonably necessary for the clearing, grading and modifications of the slope of the Phase I Property and Phase II Property along the shared boundary line of the Property in accordance with a grading plan reasonably acceptable to each party Any such grading activities shall not interfere with any improvements or utility lines within the Property With respect to any type of work performed pursuant to the easements granted in this section, the party performing the work hereby covenants and agrees to restore, as nearly as possible, that portion of the Property affected by such work to its ongmal condition (including, without limitation, backfilling of trenches, sodding of lawns, replacement of shrubbery, and re-paving or resurfacing of paved areas) Section 1 3 Reciprocal Access Easement Forest Hill and BRC do hereby establish and declare for the benefit of each of the Phase I Property and Phase II Property a perpetual, non- exclusive nght-of-way and easement for vehicular and pedestrian access, ingress, egress and regress over and across the driveways, roadways, parking areas, walkways, walking trails, Page 3 of 15 Uft I �K\III\111 ]..n. k\U. ..i \II I, l ull .i II, I A 'V, iAII � . sidewalks, curb and gutter and related improvements constructed or to be constructed on, across or over the Property BRC shall have the right to use such access easement for construction vehicles while constructing improvements on the Phase II Property Forest Hill shall have the right to use such access easements for construction vehicles while constructing improvements on the Phase I Property No walls, fences or barriers of any sort or kind shall be constructed or maintained or allowed to exist in any manner which would prevent or impair, in any material respect, the use or exercise of any of the easements granted herein, or free access and movement, including, without limitation, pedestrian and vehicular traffic over such access easements, provided, however, that reasonable traffic control devices as may be reasonably necessary to guide and control the orderly flow of traffic may be installed Each Owner shall take such steps as may be reasonably necessary to keep such access easements and areas open and free for use by the other Owner Section 14 Reciprocal Parking Easement Forest Hill does hereby establish and declare for the benefit of the Phase II Property a perpetual non-exclusive easement in, over, across and through the parking areas, parking lots, parking spaces, driveways and roadways constructed or to be constructed on, over or across the Phase I Property for parking and vehicular access, ingress, egress and regress for parking, together with a non-exclusive easement in, over and across said parking areas, parking lots, parking spaces, driveways and roadways and any sidewalks, walkways or other such areas constructed or to be constructed on, over or across the Phase I Property for pedestrian access, ingress, egress, and regress in connection with parking BRC does hereby establish and declare for the benefit of the Phase I Property a perpetual, non- exclusive easement in, over, across and through the parking areas, parking lots, parking spaces, driveways and roadways constructed or to be constructed on, over or across the Phase II Property for parking and vehicular access, ingress, egress and regress for parking, together with a non- exclusive easement in, over and across said parking areas, parking lots, driveways and roadways and any sidewalks, walkways or other such areas constructed or to be constructed on, over or across the Phase 11 Property for pedestrian access, ingress, egress and regress in connection with parking The foregoing rights and easements shall be subject to rules and regulations which may be imposed by either Owner on its property in accordance with customary apartment management practices, and each Owner agrees to be bound by such rules and regulations as apply to the property of the other Owner Section 1 5 Reciprocal Drainage Easement Forest Hill does hereby establish and declare for the benefit of the Phase lI Property a permanent, non-exclusive easement in, over, across and through the Phase I Property for installation, operation, maintenance and use of storm drainage pipes within the Phase I Property together with a non-exclusive right to discharge storm water into the storm water drainage facilities located on the Phase I Property and together with a temporary construction easement into, over, under and across the Phase I Property for purposes of constructing and connecting said drainage pipes as necessary to provide storm water drainage services to the Phase 11 Property and any facilities located thereon or to be located thereon, provided that such easement shall tie into and not exceed the scope of the drainage facilities, structures and features existing or to be constructed or created on the Phase I Property BRC does hereby establish and declare for the benefit of the Phase I Property a permanent, non- exclusive easement in, over, across and through the Phase 11 Property for installation, operation, maintenance and use of storm drainage pipes within the Phase II Property together with a non- Page 4 of 15 U' � v vIU�� uI � ii tAAAice I'I �IRh IUI`� A�JI A� `I ` I� I nVi �I lllli 1f\I'1\II ` I� exclusive nght to discharge storm water into the storm water drainage facilities located on the Phase 11 Property and together with a temporary construction easement into, over, under and across the Phase II Property for purposes of constructing and connecting said drainage pipes as necessary to provide storm water drainage services to the Phase I Property and any facilities located thereon or to be located thereon, provided that such easement shall tie into and not exceed the scope of the drainage facilities, structures and features existing or to be constructed or created on the Phase II Property. Forest Hill and BRC shall each repair and replace all drainage or disturbance to the property of the other occumng in the exercise of such easement rights The Owner of the Phase I Property agrees at its expense to maintain and operate in good order and in accordance with applicable laws, rules and ordinances, all of the storm water detention and/or retention ponds located on the Phase I Property, provided that the Owner of the Phase II Property shall be responsible for its Pro Rata Share (as defined below) of such expenses and shall pay such expenses within thirty (30) days after receipt of written request of the Owner of the Phase I Property(such requests to be made no more frequently than monthly by the Owner of the Phase I Property) With respect to any type of work performed by or on behalf of Forest Hill or BRC pursuant to the easements granted in this section, each hereby covenants and agrees to restore, as nearly as possible, that portion of the property of the other affected by such work to its original condition (including, without limitation, backfilling of trenches, sodding of lawns, replacement of shrubbery, and re-paving or resurfacing of paved areas) Section 1 6 Use of Amenities a Forest Hill and BRC hereby establish and declare for the benefit of the Property a non-exclusive right and easement for ingress, egress and regress and the right of use of the clubhouse, pool, tennis courts, and all other apartment complex amenities now existing or hereafter constructed upon the Property (the "Amenities") Reasonable rights of use and access to such amenities shall accrue to the tenants, invitees and licensees of Forest Hill and BRC in the same manner as the tenants, invitees and licensees of the Owner of the Property on which the Amenities are located, and no charge shall be imposed for use of the Amenities by an Owner of the Property and its tenants, invitees and licensees disproportionate to those tenants, invitees and licensees of the Owner of the Property on which the Amenities are located Forest Hill agrees at all times, at its expense, to maintain, operate and repair as necessary (as determined by Forest Hill in its reasonable discretion) all of the Amenities on the Property, regardless of location, and Forest Hill shall have an easement to go upon the Phase II Property for the purpose of such maintenance, operation and repair Each of Forest Hill and BRC shall be responsible for its respective Pro Rata Share of such expenses (that is, for the maintenance, operation and repair of all of the Amenities on the Property) based on the number of residential apartment units located on the Phase I Property (in the case of Forest Hill) and Phase II Property (in the case of BRC) divided by the sum of the number of residential apartment units on both the Phase II Property and the Phase I Property ("Pro Rata Share") Forest Hill shall invoice BRC for BRC's Pro Rata Share of such expenses and BRC shall pay such expenses within thirty (30) days after receipt of written request by Forest Hill (such requests to be made no more frequently than quarterly by Forest Hill) Each Owner shall not, except with the consent of the other, take any action (except for necessary maintenance, repair, replacement and cleaning) which would have the effect of diminishing the quantity or quality of the Amenities, nor restrict the right of the tenants, invitees and licensees of the other to use the Amenities, except pursuant to reasonable rules and Page 5 of 15 regulations also imposed upon the tenants, invitees and licensees of such Owner The Pro Rata Share shall be determined based on those apartments for which certificates of occupancy have been issued To the extent any certificate of occupancy is issued for an apartment unit during a period for which Pro Rata Share is calculated, such apartment unit shall be included in the calculation of Pro Rata Share beginning with the date of issuance of the certificate of occupancy and the expenses payable hereunder shall be pro rated accordingly b Forest Hill and BRC may, at any time and at its respective expense, alter, renovate, remodel, or improve existing Amenities on its portion of the Property and construct new Amenities on the Phase I Property and Phase 11 Property, respectively ("Capital Improvements"), (as determined by such Owner in its reasonable discretion) on its portion of the Property, and the other Owner shall be responsible for its Pro Rata Share of such Capital Improvements and such other Owner shall pay such expenses within thirty(30) days after receipt of written request (such requests to be made no more frequently than quarterly by the constructing Owner) c The Amenities shall be maintained by Forest Hill consistent with standards applicable to a first class apartment complex in the Wilmington, North Carolina market (the "Standards") In the event of any casualty or other event which damages or destroys the Amenities, the Owner of the portion of the Property on which the Amenities in question were located shall proceed with due diligence to repair, restore and replace such damaged or destroyed Amenities as soon as reasonably practicable Each Owner shall keep in full force and effect, insurance policies for public liability insurance and property damage insurance, covering the Amenities located on such Owner's property Public liability coverage shall be in the minimum amount of$2,000,000 for a multiple accident and $1,000,000 for a single incident The property damage insurance shall be for the full replacement value of the Amenities as they may exist from time to time The cost of such insurance shall be shared by the Owners in the same manner as the cost of maintaining the Amenities d Notwithstanding anything herein to the contrary, the easement and right to use the Amenities located on the Phase I Property shall apply only in the event BRC constructs multifamily apartments for rent to be owned by BRC or its successors or assigns on the Phase 1I Property Section 1 7 Reciprocal Sewer Easement a Forest Hill does hereby establish, and declare for the benefit of the Phase lI Property a perpetual, non-exclusive easement in, to, over, and under and across the Phase I Property for the installation, operation, maintenance and use of sewer lines and such other lines and facilities as may be necessary to provide sanitary sewer to serve a multifamily residential complex on the Phase II Property (referred to herein as the "Phase 11 Sewer Lines"), together with a temporary construction easement in, to, over, under and across the Phase I Property for purposes of constructing, installing and fabricating the Phase 11 Sewer Lines and connecting to any sewer lines on the Phase I Property as necessary to provide utility service to the Phase II Property Forest Hill shall have the right to locate or relocate the Phase 11 Sewer Lines located on the Phase I Property, provided, however, any location or relocation pursuant to the foregoing Page 6 of 15 I)I( I \i,\I1( 'I I \\\i. Il ,ldl I'u . ..�1 �� � •., shall be done so as to minimize disruption of utility service to the Phase II Property and shall be at Forest Hill's sole cost and expense In no event shall the installation, construction and/or maintenance of the Phase II Sewer Lines interfere with any improvements or utility lines located on or serving the Phase I Property With respect to any type of work performed by or on behalf of BRC pursuant to the easements granted in this section, BRC hereby covenants and agrees to restore, as nearly as possible, that portion of the Phase I Property affected by such work to its original condition (including, without limitation, backfillmg of trenches, sodding of lawns, replacement of shrubbery, and re-paving or resurfacing of paved areas) b BRC does hereby establish, and declare for the benefit of the Phase I Property a perpetual, non-exclusive easement in, to, over, and under and across the Phase II Property for the installation, operation, maintenance and use of sewer lines, and such other lines and facilities as may be necessary to provide sanitary sewer to serve a multifamily residential complex on the Phase I Property (referred to herein as the "Phase I Sewer Lines"), together with a temporary construction easement in, to, over, under and across the Phase II Property for purposes of constructing, installing and fabricating the Phase I Sewer Lines and connecting to any sewer lines on the Phase II Property as necessary to provide Sewer service to the Phase I Property BRC shall have the right to locate or relocate the Phase I Sewer Lines located on the Phase 11 Property, provided, however, any location or relocation pursuant to the foregoing shall be done so as to mimmize disruption of utility service to the Phase I Property and shall be at BRC's sole cost and expense In no event shall the installation, construction and/or maintenance of the Phase I Sewer Lines interfere with any improvements or utility lines located on or serving the Phase 11 Property With respect to any type of work performed by or on behalf of Forest Hill pursuant to the easements granted in this section, Forest Hill hereby covenants and agrees to restore, as nearly as possible, that portion of the Phase II Property affected by such work to its original condition (including, without limitation, backfillmg of trenches, sodding of lawns, replacement of shrubbery, and re-pavmg or resurfacing of paved areas) Section 1 8 Effect of Easements The rights, obligations and easements created by any plat, easement declaration or right-of-way recorded in the Register of Deeds of New Hanover County prior to the recordation of this Declaration are and remain in effect, and the rights, obligations and easements of this Declaration are not given in lieu of the rights, easements and obligations created pursuant to any such plat, easement, declaration, or right-of-way, and this Declaration is subject to such plats, easements, declarations, and rights-of-way Section 1 9 Binding Effect The easements and rights under tlus Declaration hereunder shall run to the benefit of and bind the Property and any portions thereof, however reconfigured or re-subdivided in the future, and the owners from time to time of the Property or any portions thereof ARTICLE Il - MAINTENANCE AND USE Section 2 1 Maintenance and Repair a Each Owner shall service, maintain, repair and replace and pay the cost of any fees or charges in connection with the roadways, driveways, paving, parking areas, curb, Page 7 of 15 Ill, � \d\Inr u t �,� ����, bl �� +I( ����• . „ n; �.� � •.�. gutter and sidewalks located or to be located on and over its property and the sewer pipes and facilities, waterlines, drainage facilities, drainage pipes, and drainage areas located or to be located on, over or under its portion of the Property b Each Owner shall pay, prior to any penalty attaching thereto, all real estate taxes, assessments and personal property taxes, if any, imposed upon the land and improvements located on its respective portion of the Property c Each Owner shall cause all utility and site improvements located or to be located on its portion of the Property and the development and use thereof to comply with all applicable requirements of law, ordinance, code or governmental regulation applicable thereto, provided,however, that an Owner may contest any such law or regulation so long as such contest would not create any material danger or a loss of title to, or impairment in any way of the use, of all or any portion, of the utility and site improvements d The Owners agree to cooperate with each other in carrying out the obligations of this Section 2 1, including, without limitation, the parties conducting repairs and maintenance jointly under appropriate circumstances and permitting the representatives, employees, contractors, subcontractors or engineers of the other party to come upon the property of the other party and inspect utility and site improvements on the Property and conduct such tests as may be reasonably necessary to determine the necessity or extent of any maintenance or repair of the utility and site improvements and conduct such service, maintenance, repair and replacement as required under this Declaration e Each Owner shall maintain and keep in good repair its respective portion of the Property in accordance with the Standards ARTICLE III - LIABILITY AND INDEMNIFICATION Section 3 1 Liability and Indemnification a Each Owner shall indemnify and hold the other Owner harmless (except for loss or damage resulting from the negligent or tortious acts of such other Owner) from and against any damages, liability, actions, claims, and expenses (including attorneys' fees in a reasonable amount) in connection with the loss of life, personal injury and/or damage to property ansing from or out of any occurrence on or upon such indemnifying owner's property unless such damages, liability, actions, claims and/or expenses are due to or caused by the other Owner or its employees or agents, provided this indemnity shall not apply to the extent any such loss is required to be covered by insurance b Notwithstanding the foregoing, if the United States Department of Housing and Urban Development ("HUD") is ever deemed the "Owner" of all or part of the Property, HUD shall not be subject to the indemnification provisions contained in this Section 3 1 or any other indemnification provisions in this Declaration However, any successor-m- interest to HUD shall be subject to all indemnification provisions in this Declaration Page 8 of 15 ut, i ,.(,ip)\ ,II I I iu, V. inn ;. ARTICLE IV - EFFECT OF INSTRUMENT Section 4 1 Rights and Obligations Each grantee of an Owner, by the acceptance of a deed of conveyance, accepts the same subject to all restrictions, conditions, covenants, reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this Declaration All rights, benefits and privileges of every character hereby imposed shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in the property or any portion thereof, and shall inure to the benefit of such grantee in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance or contract for conveyance Section 4 2 Non-Dedication Nothing contained in the Declaration shall be deemed to be a gift or dedication of any portion of the Property to the general public or for any public use or purpose whatsoever, it being the intention of the parties hereto and their successors and assigns and that nothing in this Declaration, expressed or implied, shall confer upon any person other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Declaration Section 4 3 Usage of Terms The grant of rights and easements to an "Owner" under this Declaration shall include said Owner, its tenants, occupants, licensees and mvitees, as applicable The term "maintain' as used herein shall include, without limitation, paving, cleaning, snow removal, repair and replacement of the subject improvements or facilities, as applicable All maintenance required hereunder shall be performed in a workmanlike manner consistent with the quality of the improvements on the Property and in accordance with all applicable laws, rules, ordinances and regulations ARTICLE V - MISCELLANEOUS Section 5 1 Miscellaneous a If any provisions of this Declaration, or portion thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Declaration, or the application of such provisions or portion thereof to any other persons or circumstances, shall not be affected thereby, it shall not be deemed that any such invalid provision affects the consideration of this Declaration, and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law b This Declaration shall be construed in accordance with the laws of the State of North Carolina c The Article headings in this Declaration are for convemence only, shall in no way define or limit the scope or content of this Declaration, and shall not be considered in any construction or interpretation of this Declaration or any part hereof d This Declaration may not be modified, amended or terminated at any time except by an agreement in writing signed by both parties or their respective successors-in-title-to Page 9 of 15 `I. 1 \.' `"�i` u \ \` I- I:I �I� lll�i`.� \�•11 `-1 `II \I� I''lI \I'\I'I\II \I� the Property and without the prior written consent of any party who is then the holder of valid indebtedness secured by any part of the Property pursuant to a deed of trust recorded in the office of the Register of Deeds of New Hanover County, North Carolina Any such amendment or termination shall not become effective until the instrument evidencing such change has been filed for record in the Register of Deeds of Hew Hanover County, North Carolina Every purchaser or grantee of any interest in any real property now or hereafter subjected to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that this Declaration may only be amended as provided herein Section 5 2 Default of Performance a If any Owner shall default in the performance of any obligation of such Owner hereunder (such Owner being herein called a "Defaulting Owner"), which default affects the Owner of another parcel (an "Affected Party"), such Affected Party, in addition to all other remedies it may have at law or in equity, after thirty (30) days prior written notice to the Defaulting Owner and any party who is the beneficiary of record of any outstanding deed of trust on the Defaulting Owner's portion of the Property (such party being a "Mortgage Holder")(or in the event of an emergency after such notice as is practical under the circumstances), the Affected Party shall have the right to perform such obligation on behalf of the Defaulting Owner Such notice shall be given to the Mortgage Holder at its address shown on the most recent deed of trust of record or to such other address as the Mortgage Holder may direct from time to time Such right includes the right of the Affected Party to go upon the property of the Defaulting Party to effect inspections, repairs and/or maintenance, so long as such entry is kept within the reasonable requirements of repair or maintenance expeditiously pursued In such event, the Defaulting Owner shall promptly reimburse the Affected Party the cost thereof, together with interest thereon from the date of outlay at a rate equal to two percent (2%) in excess of the then Prime rate published in The Wall Street Journal b Any such claim for reimbursement pursuant to this Declaration, together with interest thereon as provided herein, shall be secured by a lien on the property and improvements thereon owned by the Defaulting Owner, which hen shall be effective upon the recording of a notice thereof in the office of the Register of Deeds of New Hanover County, North Carolina The lien shall be subordinate to any first or second mortgage or deed of trust now or hereafter affecting the subject property (a "Lien"), and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any such Lien shall take title subject only to liens thereafter accruing pursuant to this Section 5 2 Section 5.3 Imunctive and Other Remedies In the event of a breach by any Owner of any obligation of this Declaration (including, without limitation, the failure of BRC to pay its Pro Rata Share of expenses within the time period specified herein), the other owner shall be entitled to obtain an order specifically enforcing the performance of such obligation or an injunction prohibiting any such breach, the Owners hereby acknowledge the inadequacy of legal remedies and the irreparable harm which would be caused by any such breach, and/or to relief by other available legal and equitable remedies from the consequences of such breach Any action taken or document executed in violation of this Declaration shall be void and may be set aside upon the petition of the other Owner. Any costs and expenses of such proceeding, including reasonable Page 10 of 15 Ill' 1 )%u' P u%l I. PI ,I I-IL I(I I i attorneys' fees and costs, shall be paid by Defaulting Owner and shall constitute a lien against the land, and improvements thereon, or the interests therein, until paid Section 5 4 Nonwaiver No delay or omission of any Owner in the exercise of any right accruing upon any default of any other owner shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default A waiver by any Owner of a breach of, or a default in, any of the terms and conditions of this Declaration by any other Owner shall not be construed to be a waiver of any subsequent breach of or default in the same or any other provision of this Declaration Except as otherwise specifically provided in this Declaration, (i) no remedy provided in this Agreement shall be exclusive but each shall be cumulative with all other remedies provided in this Declaration, and (it) all remedies at law or in equity shall be available Section 5 5 Non-terminable Agreement No breach of the provisions of this Declaration shall entitle any owner or party to cancel, rescind or otherwise terminate this Declaration, but such limitation shall not affect, in any manner, any other rights or remedies which any party may have hereunder by reasons of any breach of the provisions of this declaration Section 5 6 Force Maleure In the event any Owner shall be delayed or hindered in or prevented from the performance of any act (other than the payment of money) required to be performed by such party by reason of Acts of God, strikes, lockouts, unavailability of materials, failure of power, prohibitive governmental laws or regulations, nots, insurrections, the act or failure to act of the other party, adverse weather conditions preventing the performance of work as certified by an architect, war, terrorism or other reason beyond such party's control, then the time for performance of such act shall be extended for a period equivalent to the period of such delay, provided, however, the Owner seeking to excuse performance must within five(5)days of the occurrence leading to the request for such delay, advise the other Owner of such occurrence Lack of adequate funds or financial ability to perform shall not be deemed to be a cause beyond the control of such party Section 5 7 Location of Easements It is expressly understood that all easements granted hereunder shall be at such locations that do not interfere with any permanent building (now existing or hereafter constructed)on the Property (SIGNATURES BEGIN ON NEXT PAGE] Page I I of 15 IN WITNESS WHEREOF, the undersigned has caused this Declaration to be duly executed under seal as of the day and year first above written Forest Hill: FOREST HILL APARTMENTS, LLC, a North CCaar�rolina limited liability company By L'1i1.(,fiv� Chris Dunbar, Manager County,North Carolina I certify that the following persons)personally appeared before me this day,each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therem and in the capacity indicated Chris Dunbar (Name ojstgner) Date January �,2013 otan R is (Official Seal) / /' �l Printed Name A►X 4 �S f Ir I f ,Notary Public I My commission expires It Or 17 i�r OFFICIAL SEAL ,_' � Notary Public,North Carolina t COLNTr C`AOCKINGHAM — AMYJ ASKILL My Commission Exoves � Page 12 of 15 IN WITNESS WHEREOF, the undersigned has caused this Declaration to be duly executed under seal as of the day and year first above written BRC: BRC WILMINGTON, LLC, a North Carolina limited liability company By Z 4ca-a7Gt/ (� Chris Dunbar, Manager 1h• h(75u� County,North Carolina I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated Chris Dunbar (Name ofsigner) Date January 2013 otary bhc (Official Seal) (� r, ^ Printed Name [�'/h1,1 \ V�{S _.Notary Public i My commission expired LL 3/J-7 DCOUNTY pc gOCKINGHAM AMYJ GASKILL Commission expires 1 Page 13 of IS llt l \ri \II I` Iq � I \" I I'I •�dl III \\1 I \•t\h \I, Exhibit A Phase 1 Property BEING all of Tract 1 (containmg 13 87 acres, more or less) and Tract 2 (contarnmg 6 38 acres, more or less) of The Reserve at Forest Hill Apartments, as the same is shown on map thereof recorded in Map Book 41, Pages 197-199,New Hanover County Registry Page 14 of 15 Exhibit B Phase 11 Property TRACT ONE BEGINNING in the Eastern edge of Covil Avenue(formerly Live Oak Avenue) said concrete monument being 15' as measured perpendicular from a point in the center line of said Avenue and said point being S 2'35' W 1928 8' as measured along the center line of said Avenue from its intersection with the center line of US Hwy#17 and #74 (Market Street), running thence from said begummg point and perpendicular to said Avenue S 87*25' E 15' to a concrete monument, thence continuing perpendicular to said avenue S 87*25' E 300' to a concrete monument, running thence parallel to said Avenue S 2"35' W 300' to a concrete monument, running thence perpendicular to said Avenue N 87*25' W 300' to a concrete monument, thence N 87'25' W 15' to the Eastern edge of said Avenue, running thence along the Eastern edge of said Avenue N 2'35' E 300' to the point of beginning TRACT TWO Being all of Tract 2, containing 4 34 acres, more or less, as shown on a map entitled "W J Taylor Division Tract 1 and Tract 2", recorded in Map Book 37, Page 366 in the New Hanover County Registry, reference to which map is hereby made for a more particular and detailed description Said combined tracts being also described as Beginning at an existing iron pipe located in the eastern R/W line of Covil Avenue with its intersection with the southern R/W line of Broad Street (60' Public R/W), said point also being the northwest corner of Tract 2 as recorded at Map Book 37, Page 366, New Hanover County Registry, thence from said Point of Beginning along and with the southern R/W line of Broad Street (60' Public R/W) N 84"41'17" E 363 76' to an existing iron pipe located in the western line of the now or formerly Market North Apartments Tract as recorded at Map Book 10 Page 15, New Hanover County Registry, thence along and with the western line of the Market North Apartments S 03°13'20" W 173 76' to an existing iron pipe located in the southern line of the Market North Apartments Tract, thence along and with the southern line of the Market North Apartments Tract S 87°24'45" E 210 63' to and existing iron pipe located in the western R/W line of Darlington Avenue (60' Public R/W) as recorded in Map Book 41 Page 197, New Hanover County Registry, thence along and with the western R/W line of Darlington Avenue the following courses and distances, S 02*36'11" W 152 20' to a point, thence following a curve to the right (R=270 00', Arc=424 41')having a chord which bears S 47"35'35" W 382 05' to a point, thence N 87°22'30" W 301 70' to an existing iron pipe, thence leaving said Darlington Avenue as recorded at Map Book 41 Page 197, New Hanover County Registry N 87°22'30" W 15 00' to a point, thence N 02`32'46" E 300 69' to a point, thence S 87°14'58" E 15 00' to an existing concrete monument located in the eastern R/W line of Covil Avenue, thence along and with the eastern R/W line of Covil Avenue N 03'19'03" E 245 24' feet to the Point of Beginning, containing 6 52 Acres, more or less Page 15 of 15 t �0i " r- z � 3 ,Ff�tY11�lU`�` TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 11f111111f11f11fif1ffflf/flltfflf Yf111f lfffif1f11ff ............f1ff11M11t1f1411f ffflff YYf lffe Filed For Registration: 01/23/2013 09 06 36 AM Book RE 5705 Page. 2849-2864 Document No. 2013002477 16 PGS $26 00 Recorder: JOHNSON, CAROLYN State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2013002477 * 2013002477 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Forest Hill Apartments, LLC Information Sosld: 0461020 Status: Current-Active O Date Formed: 6/3/1998 Citizenship: Domestic Annual Report Due Date: April 15th CurrentgnnuaL Report Status: Registered Agent: Sheridan, Desmond G Addresses Principal Office Mailing Reg Office 5826 Samet Dr, Ste 105 5826 Samet Drive Suite 105 804 Green Valley Road, Suite 200 High Point, NC 27265 High Point, NC 27265 Greensboro, NC 27408 Reg Mailing 804 Green Valley Road, Suite 200 Greensboro, NC 27408 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Member Member David F Couch Christopher T Dunbar S. Lowell Easter 5826 Samet Dr, Ste 105 5826 Samet Dr Ste 105 5826 Samet Dr, Ste 105 High Point NC 27265 High Point NC 27265 High Point NC 27265 ROY COOPER Gavemar EUZABETH S.BISEP secretary WILL1AME,TOBY VINSON,JR NORTH CAROLINA Interim Director Environmental Quality- September 25", 2023 Forest Hill Apartments, LLC Attn: David Couch,Manager 5826 Samet Drive, Suite 105 High Point,NC 27265 Subject: Stormwater Permit Renewal Request Post-Construction Stormwater Management Permit No. SW8980436 The Reserve at Forest Hill New Hanover County Dear Mr. Couch: Post-Construction Stormwater Management Permit SW8980436 for the subject project expired on September 151, 2022. This is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2FL 1045(3).North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. More information about the Post-Construction State Stormwater Program can be found on the following website: deg.nc.eov/SW Please submit a complete permit renewal form along with a$505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found under the Post-Construction section of this website or at: littps:Hdeq.nc.gov/about/div isions/ener2v-m ineral-and-land-resources/storm water/storm water prograin/post- construction-2. If you have any questions regarding this matter,please contact Logan Inman in the Wilmington Regional Office either via email (logan.inman@deq.nc.gov)or phone at(910)796-7215. Sincerely, C" -'M William E. Toby Vinson,Jr., PE, CPM, Interim Director Division of Energy,Mineral and Land Resources DESAwi: \\\Stormwater\Permits 8c Projects\1 998\980436 HD\2023 09 reci ren 980436 cc: Desmond G.Sheridan,Registered Agent;Forest Hill Apartments,LLC;804 Green Valley Road,Suite 200;Greensboro,NC 27408 Wilmington Regional Office Stormwater File du: to 1F i r x ®�QZ� North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources Wilmington Regional Office { 127 Cardinal Drive.Extension I Wilmington,North Carolina 28405 910.796.7215 � t Lewis,Linda From: Fred Kicsak <fkicsak@blueridgecompanies.com> Sent: Tuesday, December 03, 2013 2:09 PM To: Lewis,Linda Cc: Forest Hills - Manager; Forest Hills - Maint;Amy Ritchy; Abby Stanley Subject: Formal Reply to the NON Compliance Letter for Forest Hills BMP Attachments: Signed Quote for Forest Hills BMP.PDF; Forest Hills NCDENR Notice of Inspection Letter of NON Compliance.pdf Importance: High Mrs. Lewis, My name is Fred Kicsak and I am a representative for Blue Ridge Companies. We are the management company and owner company for The Reserve at Forest Hills apartment community at 361 Darlington Ave,Wilmington, NC. I have been the person in charge of the follow up from your letter of NON compliance and have been communicating with RPS to this point. After receiving this letter I forwarded it on to our site manager, service manager, regional manager, and our service provider RPS.Abby Stanley of RPS immediately sent a crew out to inspect the BMP. Our actions to this point have been; • RPS unbolted the drawn down flange to help lower the water level down and confirm that the pipe was not clogged.There was some leaves and debris which were cleaned out. • We/Blue Ridge Companies sent them an as-built survey that we had performed back in 2008 when had the pond scooped for sediment. RPS used this to verify weir,orifice, and invert elevations and locations. • We/Blue Ridge Companies set Abby at RPS a set of approved Storm Water Plans/BMP as-builts to help obtain an accurate quote to repair the noted deficiencies. Our continued action plan is as follows; ➢ Working with RPS we will monitor water levels in our BMP ensuring that we do not have additional water infiltration. If water levels do not maintain at the appropriate levels we will instruct RPS to help us research possible causes even to the point of draining down the BMP to look for possible springs or other unknown causes. If needed these areas will be addressed in the future pending any continued issues. ➢ We/Blue Ridge Companies realize that we still need to address the lack of vegetation on the aquatic shelf. Attached above we have signed a quote from RPS to reestablish vegetation in the pond on the shelf and also address some sediment that is collecting near the OCS.There was also noted a small breach in the south end of the forebay separator which will also be addressed. With your permission we would like to address these items all at once instead of at separate times. Since the plantings cannot be done until spring we would like to post phone these noted repairs until then so that we only drain the BMP down once. This signed quote is our official_ commitment to making the correct/necessary repairs. ➢ RPS has been our service provider at Forest Hills since 2008 and will continue to service the property each month meeting the requirements of the service agreement and will also continue to provide monthly reports to Forest Hills/Blue Ridge Companies ensuring that the BMP in question will stay in compliance with local, state and federal laws and regulations. 1 ;.We/Blue Ridge Companies have teamed up with RPS for all our BMP's throughout many states since 2008. 1 do not claim that we are perfect at Forest Hills or any of our other locations but we do see the importance of these storm water systems and have made a conscious effort to maintain them at a high level.Aside from the noted deficiencies I hope you were able to see that we give our BIAP's constant attention by a professional service company. We/I thank you for your correspondence and directive as it relates to The Reserve at Forest Hills BMP. Please let us know if our proposed action plan meets with your approval as we will do as necessary to meet your expectations. Regards, A1 BLUE RIDGE ft ramr.bw r.ep. Fred Kicsak CAMT,CAPS VICE PRESIDENT—MAINTENANCE AND SERVICE IkicsakAblueridaecomoanies.com 5826 Samet Drive Suite 105•High Point, NC 27265 p.336.889.1544 f. 336.889.1501 m.336.462.1358 www.bl ueridaecomoanies.com 9113l ueRidoeCom pa n ies This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.If the reader of the message is not the intended recipient or an authorized representative of the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited.If you have received this communication in error,notify the sender immediately by return email and delete the message and any attachments from your system. 2 r Retention Pond Services, Inc. Specializing in all phases of Aquatic and Wetland Maintenance NAME/ADDRESS BID DATE BID# Blue Ridge Property Management,LLC 11/27/2013 2688 Attn: Property Manager 361 Darlington Ave. TERMS PROJECT NAME Wilmington,NC 28403 Due On Completion The Reserve at Forest Hills-Wilmington DESCRIPTION TOTAL Retention Pond Services,Inc.proposes to omelette the following scope of work at the Reserve at Forest Hills: 8,730.00 1. Mobilize to the site and pump the pond down. 2. Remove accumulated sediment(+/_1 CY)from around the OCS and dispose of the material offshe. 3. Repair small breach on the south end of the forebay separator utilizing compactible fill(+/-3 CY)and pinned in sod. 4. Install pre-potted plants(+/-880)on littoral shelf in the main pool.The plants will be purchased and planted in an organic pot before installation on the littoral shelf to help increase the survivability rate due to the sandy soils. 5. Install pinned in sod(+/-1500 SF)on the slope of the forebay pool from the designed normal pool line to the existing water line created from the water level been high for many years. 6. Cleanup work area and 7. Demobilize form the site. Notes: 1.This pricing does not include gradingAmocking down sloughing on slopes.Please let us know if you would prefer to grade the slopes before installation. 2. Due to the sandy soils there is a limited warranty on the wetland plants. Accepted (// 12 3 r3 ignatu a Date Y�6'Y IIY1C�In` 2 ��21'J.cC Thank you for your business. TOTAL $8,730.00 This estimate is effective for 30 days from date at the top of the page. P.O.Bm 15690-NhlmmBton.NC 2840E-910.318.6890-888.791.8600-Pax 910.313.6870 www.netrnRiorFork49x=