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HomeMy WebLinkAbout20051646 Ver 1_Complete File_20051019 W A T ?qpG r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 7, 2005 Dr. Patel Triangle Regency, LLC 400 Ashville Avenue Cary, NC Subject Property: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-1646 County: Wake The Renaissance At Regency Townhomes Ut to Swift Creek-Regency Lake [030402, 27-43-2.5, WSIII, NSW] APPROVAL of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate Dear Dr. Patel: You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact approximately 8,501 ft2 of Zone 1 and 6,864 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the residential subdivision at the subject property as described within your application dated August 30, 2005. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge and other regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. This approval requires you to follow the conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Buffers Zone 1 8,501 (square ft. PCN page 7 of 9 Buffers Zone 2 6,864 (square ft. PCN page 7 of 9 Temporary Wetland hn acts 0.007 acres PCN page 4 of 9 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: humM12o.ennstitenc.us/ncwetlands None Carolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Triangle Regency, LLC Page 2 of 2 November 7, 2005 control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://l12o.enr.state.ne.us/su/forms Documents.htm.; Triangle Regency, LLC Page 2 of 2 November 7, 2005 control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion: Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http;//h2o.enr.state.nc.us/su/Forms Documents.htm.; Triangle Regency, LLC Page 2 of 2 November 7, 2005 8. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0233. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. S*rcly, an W. Klimek, P.E. AWK/Yin Enclosures: Certificate of Completion cc: Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Kevin Martin, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 051646TheRenaissanceAtRegencyHomes(Wake)NBR Triage Check List Date: Projebt Name. _ f?Cy1.? y??Zwn?? To: .13 . ARO Kevin B arnett. ? FRO Ken Averitte ? MRO Alan Johnson ? RRO a Horan From: County: ? WaRO Tom Steffens and Kyle Barnes ? WiRO Noelle Lutheran ? WSRO Daryl Lamb Telephone : (919) The file attached. Is being forwarded4p.p our for your evaluation: Please call if you need\ s' tance. ? Stream length impacted. '? ? Stream determination ? Wetland determination and distance to blue-line surface-.waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? - ? Cumulative impact concern ; Comments: i t Project Num: 20051646 Owner: Patel, Balubhai N. Inspection Date: 09/14/2005 Inspection Type: Staff Report Reason for Visit: Routine Site Visit Yes No NA NE Do impacts described in the application differ those seen in the field? ? ? 0 ? If yes, please describe differences: Are the Intermittent/Perennial calls different in the application? ? 0 ? ? If yes, please describe differences, and how mitigation ratios are affected: Are there additional impacts not described in the application? ? 0 ? ? If yes, please describe and quantify: Were the impacts in place prior to the application for the 401 Certification? ? 0 ? ? Additional conditions recommended for the Certification: Recommended project modifications: Is this a modification request to an existing Certification? ? 0 ? ? Are there additional stromwater conditions that should be required due to the following classifications: ? O ? ? 303(d)list, Class WS, NSW, ORW, HQW Describe: Is this a subdivision or otherwise part of a larger project? C3 ? ? ? If yes, what phase is this? Phase 1 Are there prior impacts from prior phases? ? 0 ? ? If yes, what are the cumulative imacts for this project? Possible secondary impacts noted: Comment: Seems pretty straightforward. I have no comments. EWK Page: 2 Staff Report Project Num: 20051646 Version: 1 Name: The Renaissance at Regency Townhomes County: Wake Location: UT Swift Creek NEU basin Cary Latitude: +35°43'40" SW Plan Location: Owner: Patel, Balubhai N. Contact Person: Patel, MD, Balubhai N Title: Inspection Date: 09/14/2005 Reason for Inspection: Routine On-Site Representative(s): Primary Inspector: Eric Kulz Secondary Inspector(s): Question Areas: 0 Site Visit Inspection Summary: Status: Received Project Type: Residential Subdivision Region: Raleigh Longitude: -78°48'14" Phone: 919-233-3435 Ext. Entry Time: 12:30 PM Exit Time: 01:00 PM Inspection Type: Staff Report Phone: Page: 1 Fi 0051 646 0 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com August 29, 2005 S&EC Project # 9071.W2 To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Monte Matthews 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27615 From: Kevin Martin Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 D AUG 3 n 2005 DENR WgrE (This is not a 401 application so a check for a. DWQ application fee is not enclog5uAbs y' ATER TALJT SWH Re: The Renaissance at Regency Townhomes Cary, Wake County, NC On behalf of the owner, Dr. Patel of Triangle Regency LLC, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under Nationwide Permit 12 and that the project complies with the Neuse Buffer Rules. Please contact me at (919) 846-5900 if you have any questions or require additional information. The Corps is being asked to authorize that NW 12 impact and DWO is being requested to authorize the bridge crossing. Other buffer impacts are exempt activities. Also, stormwater treatment to DWQ standards is not required since this is not a 401 request. However, the Town of Cary Criteria for Stormwater and Neuse River Riparian-rules for diffuse flow are being met. PROJECT SUMMARY Project Name The Renaissance at Regency Townhomes Project Type Residential Subdivision Owner / Applicant Dr. Patel, Triangle Regency ILLC Count Wake Nearest Town Car Waterbod Name UT to Swift Creek Basin / Sub-basin 030402 Index Number 27-43-2.5 Class WS-III; NSW IMPACT SUMMARY Stream Impact (acres): 0 Wetland Impact (acres): 0.007 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.007 _(temporary) Total Stream Loss (linear feet): 0 Buffer Impact Requiring Approval 0.32 acres Attachments: Pre-construction Notification (PCN) Application Form Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 - Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 August 30, 2005 S&EC Project #9071.W2 Page 2 of 2 Apex, NC - USGS Map Wake County Soil Survey Map - Sheet No. 66 DWQ Letter dated 30 November 2004 & attachments Impact Maps (1 overall 11x17, 3 insets) (Figures 1, 2, 3, and 4) Level Spreader Maps (Figures 5, 6, and 7) DWQ Level Spreader worksheets (3 pages) Agent Authorization Form Office Use Only: Fonn Version March 05 USACE Action ID No. DWQ No. 6 (if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Pen-nit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further deta rvmrmp IL Applicant Information AUG 3 n 2005 Owner/Applicant Information DENR - WATCH QUALITY Name: Triangle Regency LLC Vi'EWDSANDSTORMWATERBRN4CH Mailing Address: attn: Dr. Patel 400 Ashville Avenue #340 Cary, NC 27511 Telephone Number: 919-233-3435 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kevin Martin Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: 919.846.5900 Fax Number: 919.846.9467 E-mail Address: kmartin(a,sandee.com Page 1 of 9 111. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project:. The Renaissance at Regency Townhomes 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0751792515 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): Regency Directions to site (include road numbers/names, landmarks, etc.): The proposed project will he west of Regency Parkway and east of Highway 1 about I mile from the intersection of US 1 and Tryon Road (SR 1009) Cary NC. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7277° N 78.8039° W 6. Property size (acres): 24 7. Name of nearest receiving body of water: Regency Lake (drains into Swift Creek) 8. River Basin: Neuse: HUC 03020201; Sub-basin 030402; Index # 27-43-2.5; WS-III; NSW (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at httn://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is forested, and is surrounded by undeveloped land and residential and commercial developments A sewer line crosses the property. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: Construction of a residential town home community. Standard grading and other heavy equipment normally required for construction will be used. 11. Explain the purpose of the proposed work: Allow utilization of uplands for a town home community. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued pennits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe pen-nits issued for prior segments of the same T.I.P. project, along with construction schedules. S&EC delineated streams and wetlands on site in October 2004 and March 2005. NC DWQ confinned buffer start points in a letter dated 30 November 2004 (DWQ EXP 04-1821). Kevin Yates of the USACE evaluated wetlands and jurisdictional waters on site on 07 April 2005 and made importance and perennial stream calls Kevin Martin of S&EC also met with Todd Tugwell of the USACE on 7/25/05 to discuss this and adjacent projects V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permit requests are anticipated for the Renaissance at Regency Townhomes VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, pennanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The applicant proposes one new road crossing. The stream will be spawned by a bridged so only buffer impacts will occur. One temporary wetland impact (0.007 acres) will occur due to connecting a proposed sewer line to an existing one. Page 3 of 9 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se aratel list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) EXMH 1503 Excavation Forested Yes f 30' 0.007 (Figure 4) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: < 1 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width- then divide by 41 160 Stream Impact Number (indicate on ma) Stream Name Type of Impact or Perennial oIntermittentr Average Stream Width Before Impact Impact Length linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 0 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredlina, floodin!, drainage. bulkheads. etc. Open Water Impact Site Number (indicate on ma) Name (if applicable) Watee) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) NA NA NA NA NA Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0.007 (tem orar ) Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.007 Total Stream Loss (linear feet; excludes 48' stabilization): 0 Page 4 of 9 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. No waters determined to be isolated by the USACE lie within the proposed project S. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All wetland and buffer impacts were avoided except for connections to an existing sewer line and one road crossinQ. The stream is being bridged at the road crossing to minimize impacts VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of Page 5 of 9 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://Ii2o.enr.state.ne.us/ncwet]ands/strmgide.litm]. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Wetland and buffer impacts are below mitigation thresholds so no mitigation should be required. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? Page 6 of 9 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact Fi;?ure I (Bridt?e) Zone* Impact (square feet) Multiplier Required Miti ation 1 8282 3 (2 for Catawba) 0 2 5614 1.5 0 Total 13896 0 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Impact Figure 3 Existim Sewer Line Connection Zone* Impact (square feet) Multiplier Required Mitigation 1 219 3 (2 for Catawba) 0 2 468 1.5 0 Total 687 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. Impact Figure 4 (2 Connections to Existing Sewer Line) Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) 0 2 782 1.5 0 Total 782 0 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. No mitigation should be required. XI. StormNvater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The applicant proposes level spreaders that follow dry ponds to control stormwater. The proposed level spreaders comply with NC DWQ specifications. Please see the attached Withers & Ravenel level spreader location man inset maps, calculations, worksheets and OMA for details DWQ stormwater treatment is not required since a 401 certification request is not required As a courtesy we are providing information on level spreaders to show the Neuse diffuse flow requirement is being met XII. Selvage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Municipal (existing line) XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at littp://h 2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description: A large portion of adjacent property is already developed The remaining undeveloped property is accessible existing roads. In addition any new development would have to meet Town of Cary regulations, which are intended to protect water quality. Therefore we believe that appropriate standards are in place to protect water quality. Page 8 of 9 XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Since only a buffer approval is requested from DWQ no stormwater treatment is required. However, we are supplying level spreader calculations to show that diffuse flow will be maintained. I/ U1, k-C-1 o Applicati gent's-Si nature hate (Agent's signature is va i only if an authorization letter from the applicant is provided.) Page 9 of 9 ? o?oF WA rF9QG W a w 1 Michael F. Easley, Governor QQQQ?T`?' TTT"` "' North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 30, 2004 Creedmoor Partners Attn: Terry Stephens 5623 Duraleigh Road, Suite 151 Raleigh, NC 27612 DWQ EXP# 04-1821 Wake County Page 1 of 2 : < ??U4 Subject Property: Regency UT to Swift Creek *303(d) list On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233)-EXPRESS REVIEW PROGRAM Dear Mr. Stephens: On November 29, 2004, at your request I conducted an on site determination to review six features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "A, B, G, I, J and L" on the attached maps initialed by me on November 29, 2004. The Division of Water Quality (DWQ) has determined that the features labeled as "A, B, I, J and L" on the attached maps are subject to the Neuse Buffer Rule. The origins of these features have been delineated and identified in the field. Features A and B are both subject from the property boundaries through to the confluences of H and C, consecutively. Feature I starts at flag # S-06. Feature J starts at flag # S-04. Feature L starts at flag # S- 03. Feature G is not subject. These features and their associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 401 Wetlands Certification Unit Non` Carolina 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 c/V!!f!!r(T!!f 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1786/FAX 919.733.6893/Internet: httj2://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper W i t t U ? r V l r / ? r / <J \ i- \ \ Yh - - / l• _ ' . 0 u• n r .y 11 j - 7 < od N Project: Scale: 1- USGS Ma Fi v?P 9471.wt 1':2000' p gure Apex Quadrangle r sa v ental Consultants/ PA il & E S ject P Date: A n o ro Mgr.: KM 10106104 Regency 11010 Raven Ridge Rd.•?Raleigh, NC 27614 846-9467 919 0 • ) ( (919) 846-590 Wake County, NC Web page: www.SandEC.com Project: Scale: 9071.W1 1":1320' Project Date: Mgr.: KM 10106!04 Figure 2 - Soil Survey Map (Sheets 66) Regency Wake County, NC ® Soil & Environmental Consultants, PA 11010 Raven Ridge Rd. - Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com ? l G Po '? \??\\ti?? .\,.\? •IaV Vii' r ®?? , ?,I --,I \? \\?-?.?'%??.?•, ,,`\?\?\\\??; ?\\??:airr ir,i 1`-1?\\? 'l i? {t??? )ii? f\!?i 1I ?I?lllt?©t.I1J\ -I I Mops and dotobases are public information supplied by various government agencies. The author and/or seller or the software progrom are in no way responsible or 6eble for the information depicted t.?., arb• enneernina the dots should be / r 3 Y a , V \4 w t i?;,rj1, 1 it i./ Ma pVU E 0 227 454 680 907 J 1723 SEP 16, 2004 01-20-2005 12:54pm From-CREEDMOOR PARTNERS LLC 9195711521 T-513 P-002/002 F-118 01/19/2005 12:39 61-19-2005 11:0022 9198592424 Frca-CRaDiMR PARTNERS LLC 01/19/2005 10:01 FAX BALUBHAI PATEL MD 9195711521 PAGE 02 T-500 P.0921002 F-10d 1100E/002 Soil & Environmental Consultants, PA a1 a 11010 Firvtti Atd?n Ramd • R?ieistz. tiott3 oGaa • Ftn= (919) c4&1900 • F= (919) 94(x9 i61 WWW-B UMccum A-Mff AUMORIZATION FORM All Blanlcr To $? F17Ied In Rv Thn [?rrent T?lndowner Pra?ud Namp/D=rfp1lon: ? Dabc? -_ 1 ) l F jrn! `? 71%c DqmrtT? ¢E the Army US. Army Coin of Engf , Wdmmgtcn D":k-t P.O. BM IM Wtamtugina, NC zMM Attn: Aka J-A? Pirld oewc__ R-- WdIand; RcUW Cc nlting and :-Wniftusg To Whom ItMay CM=M. -9 1 c. o? ?lLe.-? c•? C T; thO current =psiilC Ow=, lux6y d'cdXMtc and autmize Soil & Euvkcm eaW C.amdbnf s, PA to act fn my bobs f as my agmt in dw rapport of zppIk:Rd=m atr from this ca a? ? upon " t?l tian to cs any pruvicw cDrjc3pan3cr4M contwmaine the agm-'t fur this au?? Itob?d7' and arln?I sa p??' aMdala m cat 7 the Sapaty vIhm aacbmpVI Pe by?s?EC sss f? ? f 4 =='hq.Pt'cr to vlaft the aw. a Gibe rtI,t rn1nrty Owneej Name :._ P,--). .. Property Owrtcr's Sl?ture Mr_ Ya=m Pay= N?CIcync D- WQ ?. L c- = Crabtree Boukv=,l Sold &- Fitty Can;uIta t, PA Raldgj,, NC 27604 234 L4Mnuip CL sjka c COnCOC4, NC 18425 Fha= (704) 720-9405 Fa= M4) 72&9446 L. L. C 3817-R L&wndAjQ i?ri,, ?? 20423.1 Fav (336) 540-M5 i ._ SITE 1 f itN r? ! S C''.1- 4 nnn1 ?uwc. i - I uuv af? 10n i / n 7. 105.1n Ac mcc-0 73M2515 / izi n n s a A p µ tl ut': H 69 67 j / as n 4 r N N C w a µ O C v µ u w lA K S7 x u 100 54 xt 102 1C1 104 J_J _]l!r, r, r, Vh TK[ t?.rl K s1 pt 7m..w pw ,M 1 1 I V6 low ab Y 1 II I IIrJ\?\ I I t/' ! 7 wvsc ?y1 v 9 y is n 9 1 x ! 39 u r 31 ;p U II / J ? RE3 rca."I - c nwn?fret?nwu?'S;?;'?T urY'; j ,ktrv+w0. k.64. I ? aol m? mad .:. to..c roo wat t' }? (W41(MIU racveu. Kwf? 0 1 1 r , ,a t s '? ? ? `??uuuur i PRE IAky NOT :APPf?VEDMTONSIRUCHON F 100, 200, 400' . 800• SCALE, 1t=200' WITHERS & RAVENEL ENGINEERSI PLANNERS I SURVEYORS OVERALL DWQ / USCOE IMPACT LOCATION PLAN THE RONSSANCE AT REGENCY TOWNHOMES H uK? u pl_? w u 4 m m Tro b FIGURE 1 JULY 27, 2005 1' - 200' WRJ 204277.40 a, I r r Irr r, ?i? r r I, r rG r,, k 00 ZdNE 2 NRB IMPA%I NR Z0 1 NR8ACT NPTE. EXISTiNGk CREEK TO REf• N UGVDISTURROED DURING ONS/ - - ' •a. ?, BUFFER IMP4CT i ??• /? ; +r `?" `\ ?\ ,••'•...??? ?/' PERMITTED 4ITN REGENCY. P KVIAY ter. 4$ EXTENSION [ROIECT _ ,?p tvo' C+?`LAB N• ? ? / ,/ O. OESIG T 411 t t, y oo E11; { x 354 t twS75o gip' ! ORY 0 I ?. ??, I o Q ARY O Np,? LLJ: CL Q ZONE I NRQ?Ih1PACT , <, J LLJ ? Z1E 2 NRBNmPACT y '\ SILT 1ENCE Ld 100 YR L000 PLA\I PER ?:; \ t o TREE PIRQTECTION (f? FLOOD & R VE WITHERS ANEL CLEARIN LIMITS RIP-RAP VELOCITY 01 (PATER PAD \ '• ?.. '.? ? \3? ? \,``CA . f RIP/RAP LEVEL SPRER 356 ." . Q1t1 •,•R0, o TOTAL BUFFER IMPACTS ZONE 1 : 8,282 SF; 0.19 AC 0 15 3I 60 120' Pfq? UmWAFi N0T aPPI?VED2M_TONSJRUCI TOTAL BUFFER IMPACTS ZONE 2 : 5,614 SF; 0.13 AC SCALE: I' 30' .?NGINEEP°•0 TOTAL: 13,896 SF; 0.32 AC Qq?e..... ''rrnn19,44?4 WITHERS & RAVENEL ENGINEERS I PLANNERS ISURVEYORS III "Km. Nk Coy. North Caralm 27511 Id 919-463-3343 Im: 919-467-6x9 .....ilhmvareal cap K.\C4\04-1i0\C427711GH1-WP;Cl '1pi c c Wed iJ 27, 24_i 3?J3.22PN YA:R ; 4 E.,;. BUFFER IMPACTS THE RENAISSANCE AT REGENCY TOWNHOMES FIGURE 2 JULY 27, 2005 1' = 30' WRJ 204277.40 WAKE COUNTY TOWN OF CARY NORTH CAROLINA i E 7 I t o 7, ` '•.? P \ 100 YEAR FLOOD PLAIN• ' F TEMPORARY DIVERSION DITCH TO SEDIMENT BASIN 2 loisc o ? R? ER BOf E.R RIP-RAP V CITYIPATER PAD/ 7, ?BpfFER RIP/RAP VEL SPREADER LA R1uER -01 70 ZONE 2 NRB IMPACT ZONE 1 'NRB IMPACT 3? ?l 'oollp r AI - 360 ,?•., '? /. CARD " ---- ; TOTAL BUFFER IMPACTS ZONE 1 219 SF; 0.005 AC TOTAL BUFFER IMPACTS ZONE 2 : 468 SF; 0.01 AC 0 15' 30' 60' 120' SCALE: 1' - 30' N..INti....Np ?+?'nlnlul`'`t 1fi/ITHERS & RAVENEL EHGINEERS I PLANNERS I SURVEYORS I I t 4x%mx+ bra Gory, NaN CaroGa 41St I kt 919-i?3-SSW lu 919•!61-60Cd .....dnnum?ecom \ 5\`,:{-iiC•,1;t2"ti0T0-!Nrf01 Wtf:;ro W,d 'u 17, 2:.;5 3.03.31 PN WIMUij § Rrdr.C„ l+C BUFFER IMPACTS THE RENAISSANCE AT REGENCY TOWNHOMES FIGURE 3 AXY 27, 2005 1' = 30' WRI 204277.40 {MAKE COUNTY TOWN OF CARY NORTH CAROLINA v EXM 50; ZONE 2 NR6 IMPA ---?--- 366 366 ?. ' EXISTING 12". SEWER 366 ---? _ j _ EXISTING TOC SEWER EASEMENT NEUSE. 366 3UFFER / - Z ZONE 2 NRB IMPACT EUSE FFER .?64 f -. RTY ?.. 0 15, 30, 120 PRELim-t AA N 0T aP PA0VEO M 3:ON SJ R U C' SCALE: V= 30' °°'??rGINE??°•0 TOTAL BUFFER IMPACTS: ZONE 2 728 SF; 0.018 AC p'•°•°••. TOTAL WETLANDS IMPACTS 318 SFI • 0.007 AC ?'4,,??f >UERE ?n211IIr WITHERS & RAVENEL ENGINEERS 1 PLANNERS I SURVEYORS III Mcttrm Goa Cary. Bala Gmd p 27511 Itt 919-469-330 lac 919-467-W ....ut to crtrdcon k\N%\ 4-27QV42774'?0*0-llW<T 4*Syo M'ea AA 27. 2,:Z I:12.53,4 W-Kg4 d kAf Nf t, I BUFFER IMPACTS THE RENAISSANCE AT REGENCY TOWNHOMES FIGURE 4 JULY 27, 2005 1' - 30' KPI 201177.40 WAKE COUNTY TOWN OE CARY NORTH CAROLINA DWO Project DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name: The Renaissance _at Regency Townhompq Contact Person: Dalr, Werenkn, P-F.- Phone Number. (919)469-33/40 Level Spreader ID:. BMP 1 Level Spreader Length 10 ft. Drainage Area 9.45 ac. Impervious Area 3.98 ac. Maximum Filter Strip/Buffer Slope 3 % grass (perpendicular to flow) (ori-site and off-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6% for forested, leaf littler cover, 8% for thick ground cover)' Max. Discharge from a 10 Year Storm Z 1 .75 cfs Max. Discharge to Level Spreader 0.29 cis Fitter SWplBuffer Vegetation Cra S.c (thick ground cover or grass, canopied forest with leaf litter groundcover) Pre-treatment or Bypass Method Extended Dry Detention It. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. if a requlremont has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design eaiculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and wig substantially delay final review and approval of the project Applicants Initials DW Level spreader is at least 13 ft. per cis for thick ground cover orgrass or 100 ft per cis in canopied forest with leaf litter. N/A Pre-Form Scour Holes are on flat slopes only DW No structures are located in protected buffers' If bypass method spocified in the Draft Level Spreader Design Option Document DW Bypass method is specified (if applicable) and plan details and calculatioru are provided DW Discharge to level spreader and subsequent fitter strip is hydraulically and spatially separate from itre bypass discharge. DW No structures are located In protected buffers. DW Plan details for the bypass and outlets are provided. DW The operation and maintenance agreement Includes annual erosion and vegetation repair. DW The operation and maintenance agreement signed and notarized by the responsible party is provided. ' Level spread cis in series can be used on slopes of.up to 15% in forested areas with leaf littler cover or on slope s of up to 25% in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. DWO Project DIVISION OF WATER QUALITY • LEVEL SPREADER WORKSIIEET 1. PROJECT INFORMATION (please complete the following information): Project Name: The R na'SSance at _Regency Townhomf s Contact Person: Data Werenkn, P-R_Phone Number: (919)4(,9-3340 Level Spreader ID:. BMP 2 Level Spreader Length 10 ft. Drainage Area 11.42 ac. Impervious Area 4.9 ac. Maximum fitter Strip/Buffer Slope % grass (perpendicular to tow) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (G% for kxestod, leaf Gttker cover, 8% for thick ground coyer)' htax. Discharge from a 10 Year Storm ..1 'i --7a_ cfs Max. Discharge to Level Spreader " 0.28 . cfs Fitter Strip/Buffer Vegetation Grn 4C (U)ick ground cover or grass, canopied forest with leaf litter grouhdcover) Preareatrr? or Bypass Method 1 xtended Dry Detention U. REQUIRED ITEMS CHECKLIST Initiat in the space provided to indicate the following design requiremoM-s have been met and supporting documentation is attached. ff a roquirwxW has not boon mcl, adxh an expfanatibn of wfiy. At a minimum, a co *(o storrnwater management plan submittal includes a worksheet for each MP, design ealcula(ions, plans and spodEcations sfrowirrg ad BM and outlet structure details, a detailed drainage plan and a fatly executed operation and maintenance agreenxxt An incomplete submit l package will resutt in a request for addrtiorraf information and wail substantiatfy delay final review and approval of the project Applicants kvtials , DW Level spreader Is at least 13 ft per cfs for thick ground cover or grass a 100 ft per cfs in canopied k(est with leaf Etter. N/A Pre-Form Scour Holes are on tat slopes only DW No structures are located in protected buffers' If bypass method WdfkA in the Drat Level Spreader Dcsjn Option Document DW Bypass method is specified (d applieaWe) and plan details and ealculati= are provided DW Discharge to level spreader and subsequent filter strip Is hydraulically and spatiailyseparate from the bypass discharge. DW No structures are located in protected buffers. DW Plan deals for the bypass and outlets are provided. DW The operation and maintenance agreemaht includes annual erosion and vegetation repair. DW The Waaiion and maiatonarrce agrowwA signed and notarized by the responsible party is provided. 'Level spreaders in series can be used on slopes of,up to 15% in forested areas with leaf Etter cover a on slopes of up to 25% in areas with thick ground cover or grass i( design cd according to Vie Drat Levd Spreader Design Option DocumenL This potentially reggki s a minor variance in protected buffer areas. In any evens the second k;4d spreader cannot be located in Zone 1 of a protected buffer area. DWQ Project DIVISIO14 OF WATER QUALITY - LEVEL SPREADER WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name: The R na'ssan _e at Repfncv Townhnm s Contact Person: tea l f- Wrrnnkn , P _ R_ Phone Number: (91.9_)469-3340 Level Spreader ID:. BMP 3 Level Spreader Length 10 , ft. Drainage Area 3.31 ac. Impervious Area I.51 ac. Maximum Fifer Strip/Buffer Slope 5 % grass (perpendicular to flow) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to ft level spreader) (6% for forested, leaf GU1er cover, 8% for thick ground cover)' Max. Discharge from a 10 Year Storm ---12-Y Z - cfs Max. Discharge to Level Spreader - (2- 32_ cfs Fitter StriplBuffer Vegetation Grn cs (thick ground cover or grass, canopied forest with leaf litter groundcover) Pre-treatmontor Bypass Me" 9xtended Dry Detention If. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. !f a requirement has not been met, adach an explanation V why. At a minimum, a complete stomtwaler management plan submittal iodudes a workshoet for each BMP, design calculations, plans and spocifica6cns showing .ail BMPs and outlet structure details, a detailed drainage plan and a futly executed operation and maintenance agroemeftt An incomplete submittal package will result in a request for additional information and wig substantially delay fatal review and approval of the project Appticanls Initials DW Level spreader is at least 13 It per cfs for Uid ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. N/A Pre-Form Scour Holes are on flat slopes only DW No sheures are located in protected buffers' If bypass method specified in the Draft Level Spreader Design Option Document DW Bypass method is specified (if applicable) and plan details and calculations are provided DW Discharge to level spreader and subsequent fitter strip is hydrauficatf y and spatiatly separate from the bypass discharge. DW No structures are located in protected buffers. DW Plan details for the bypass and ouUets are provided. DW The operation and maintenance agreement Includes annual erosion and vegetation repair. DW The operation and maintenance agreerncxtt signed and notarized by the res.Imsible party is provided. ' Level spreaders in series can be used on slopes of.up to 15% in forested areas with leaf littler cover or on slope s of up to 25% in areas with thick ground cover or grass if design ed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. 1. . `-TOP_ QF DAM ?--,37 - .•• ................... ..., LEV: 37$OUTLET TO ALTERNATE-LEVEL SPREADER' 3 69 LF-3 -DIP-6 ' 1.097, - • UPSTREAM INV: 371.50 6 --------- '• .\ -\'.,OOWNSTREAM IN:370.75 SIDE / _- \SIQPE$. •.,......?. [EVEL?R ?E * LEVEL SPREADER LENGTH: 10.0' TOP OF LIP ELEV "370.75 ---- ?, RIP-RAP VEL2pP' DtSSiP/>TER-PAQ- - - - - i' ;rtl a 010: 11.7?? . j? -) VM--1 F7/S' y' ' 660C. X17 0: 3" MIN 'CLASS 8 RIP-RAP - 370 FLOW SUMMARY 010: 0.29 CFS (FIRST 1 INCH OF RAIN THROUGH 3" DIP) 010: 11.75 CFS (THROUGH RISER) 050: 40.73 CFS f11M- Al On /'CC DIMENSIONS ELEV. TOP OF DAM WIDTH 6' 378.50 ANTI-SEEP COLLAR 54"x54" N/A ANTI-FLOATATION DEVICE 84"x84"x18" N/A TOP OF RISER 54"x54" ID 377.40 OUTLET PIPE INVERT IN 46 LF OF 371.50 OUTLET PIPE INVERT OUT 4" RCP @ 2.177 370.50 TEMP DRAWDOWN PIPE INV IN 2 LF OF 372.00 TEMP DRAWDOWN PIPE MV OUT 2" DIP @ 1.007 371.80 t,,uUlt,7j, ` ?l ?oP?N C Ag0 •?kESS7Q.;2 PIKE IMAY NOT :APPfFDVED2M3:0NgRUCIION '? NGINE, 0 15' 30' 60' 120' SCALE: 1'=30' WITHERS & RAVENEL ENGINEERS I PLANNERS ISURVEYORS 111 iBxKtve GM Cy7, No pl Cwoam 27511 L-t: 912-463-zo 1m; 919-467-ia4 m..?hcvow lcom r. ;OP,Ot-l+u\&277 /\O.FIUP G w!•Sp,e Had w 1i. '<G:S d 11.nvy i TF9 i & R--LNLL, as DRY DETENTION POND #1 THE RENAISSANCE AT REGENCY TOWNHOMES FIGURE 5., STORMWATER POND 1 JULY 27, 2005 1' . 30' KRI 204277.40 WAKE COUNTY TOWN OF CARY NORTH CAROUNA 1 0-' , w UTLET TO ALTERNATE VEL ,'SPREADER i t 1,10 LF OIPP 0 1:367. ; 1 l f f' '' t '""" i UPSTR M Ir1V. 359.00 r ! i 14---- ;00 EAM;IN:357.50; 11 (//? fTIY.?67.00 - ? y 1 , ?,f. 1 I ?`/j % ' ' ft I l (n ; 1 1 ? ' t r It, f' 1 f • `\ ''111,361.00 . ; ,•' , '', `.,' ooo X63 - - - 365 3 FASTEN 0(P ( ?,•.3•• ••• - <<<« ? r RISER B 1 `? ' ' 1 3g1 ----------- • ,;? LEVEL SPREADFR'? 'I 010: 0.28 C bl ; BOT F' POND,- Y} LEVEL SP ER LENGTH: .0' ELEV: 360.00 TOP OF ELEVr 357.5 Xl? \ 3 FLOW SUMMARY - 61 ; Q10: 0.28 CFS (FIRST 1 INCH OF RAIN THROUGH 3" DIP) 010: 13.70 CFS DISSIPATER (THROUGH RISER) S l ?y RIP -RAP VELOCI/ Q50: 46.37 CFS h^ PAD Q100: 53.69 CFS i i r' V t 1 3 Q10: 1.70C •• ', 1?-?____?? y-r4? ' vio• 7.91 F> • - - Q, 1-51 ., .,.•. ???•+` ; ' ;` 30" MIN / "?`.? - •'••? lu /• /? CLASS 6 RIP-/ NSTALL ? --SIL,T FENCE A LONG 3:J 'SIDE a TOE 0 &E @ A?+. ? ?? y : Q. SHOWN TOP'OF DAM SLOPES V: 366.50 ti??J t DIMENSIONS ELEV. TOP OF DAM WIDTH 6' 366.50 ANTI-SEEP COLLAR 54"x54" N/A ANTI-FLOATATION DEVICE 84"x84"x18" N/A TOP OF RISER 54"x54" (ID) 365.40 OUTLET PIPE INVERT IN 70 LF OF 359.00 OUTLET PIPE INVERT OUT 4" RCP @ 1.00 358.30 TEMP DRAWDOWN PIPE INV IN 2 LF OF 359.50 TEMP DRAWDOWN PIPE INV OUT 2" DIP @ 1.007 359.30 dill .1,.• 1 ,? +?' f ;'?` ?J .? Iz; r!r° ?tjlluuglt2 .•?.• ' c . ; " ? 4. ; .•'' /? ,? ? (fir NOT ?APPF?VED 2M T,0WRIJCb0N -b 15 3D 120' U5 6 ? ;/ ? y/ ? f 111 t 363 , SCAMV-30' , . .01 WITHERS & RAVEINEL ENGINEERS 1 PLANNERS 1 SURVEYORS 111 UXW.= &:- Cap, Noy C4XdM 77311 td. 919-469.3310 (e 919-467-W m.niMtYP:Mdtoa H'\01\01-270,01:17 4\fj*C-iFAC; ueP.3 iae &a1 hl 27, 200: 311a1V '61JUb & RA'ANL. INC DRY DETENTION POND #2 THE RENAISSANCE AT REGENCY TOWNHOMES FIGURE 6; STORUND? POND 2 JMY 27, 2005 1` - 30' OR/ 204277.40 WAKE COMY TOWN OF CARP NORTH CAROLINA ---- ------ - -- ' -4 t 8 "---- - , - ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ?? -- - " FASTEN DIP--TO--- % RISER 60X ''? + + r r , 1 ------------ .,• + ;\, ------------------ 05, A4? • ' - WAI?* '? ' ------------ 370 m -moo- `RE?AININ?_ ;/ >''• .......:,•? --------------- . -- p - 1 --- - x ' -------------------- ----------------- -------------- -----.. ------ - 3g'6 ?oe • _ u ]_-SIDE -? ?' ?• •"".. '" " _ o? 801 TOM -OF--POND ` ,. ' ~-•--- LEV-,-357:00"'"'' '-100 YEAR'fLOOD PLAIN; R -_ ----------- O OD STUpY'BY'YltTH,R - ?.------ ` RAVENEC ,/ XI? TOP.bF"' 'EL'E,V.--36-2:75 RIP=RAP LOCJTY DISSI -PAD 10:-? 7777 CFS' 354 '0 V 1 O:7 --- -1 0. D. 0.:11IN C ,S 8 RIP-/AP ... •- OUTLET T0. ALT RPIATE LEVE SPREADER / 100 LF 3 0 0 1.007. '? ' ( . ZONE 2 UPSTREAM Ip356.5D LEVEL SPREA DOWNSTR A 1N:,355. N 50 EUSE BUFFER O: 0.22 CFS.'".• LEVEL SPREADER LENGT 1 1,A)" y , TOP OF LIP ELEV: 356.00`4 f ?`` I Feu ZONE 1 NEUSE BUFFER FLOW SUMMARY 010: 0.22 CFS (FIRST 1 INCH OF RAIN THROUGH 3" DIP) 010: 12.77 CFS (THROUGH RISER) 050: 16.54 CFS 0100: 18.05 CFS DIMENSIONS ELEV. TOP OF DAM WIDTH 6' 362.75 ANTI-SEEP COLLAR 54"x54" N/A ANTI-FLOATATION DEVICE 72"x72"x18" N/A TOP OF RISER 48"x48" ID 361.00 OUTLET PIPE INVERT IN 53 LF OF 356.50 OUTLET PIPE INVERT OUT 4- RCP @ 0.94% 356.00 TEMP DRAWDOWN PIPE INV IN 2 LF OF 357.00 TEMP DRAWDOWN PIPE INV OUT 1" DIP ® 1.00% 356.80 `ttt?uu1r7J4r C IPRELimMA.RY NOT :APPF?VE R M !?ON1R UCNON :? fiNG?yEE??O ` 'o , 0 15' 30' 60 'fl?JrrrJntnt'`? 120' SCALE: V= 30' WITHERS & RAVENEL EtN01NEER3 I PLANNERS I SURVEYORS III uxxc 4n Dwt :Cory, NO C rQ" 17517 let. 912.441-3341 We 919-467-W ¦...n10e xme dma K\';4\,)4-277\041114\C?MQ- A,iA T Mti-'S pc WO JJ 11, 2105 311::4N "11YJ161 A' RAVFNEt, Qf DRY DETEN77ON POND f3 THE RENAISSANCE AT REGENCY TOWNHOMES FIGURE 7; STORMWATER POND 3 JULY 27, 2005 1' R 30' liR/ 20427740 WAKE COUNTY TOWN OF CARY NORTH UROUNA RESERVOIR WATERSHED PROTECTION IMPOUNDMENT MAINTENANCE AGREEMENT - BMP 1,2,3 PROJECT: The Renaissance at Recencv Townlhomcs RESPONSIBLE PARTY: Regency Investment Group PHONE NO.: 919-571-8263 ADDRESS: 8310 Bandford W Raleigh, NC 27615 Monthly or after every runoff producing rainfall, whichever comes first: A. Remove debris from trash rack. B. Check and clear orifice of any obstructions. C. Check pond side slopes; remove trash, repair eroded areas before next rainfall. II. Quarterly A. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear accumulated trash from basin grates, and basin bottoms, and check pipe for obstructions. B. Check pond inlet pipes for undercutting. Repair if necessary. C. Repair any broken pipes. D. Replace riprap that is choked with sediment. III. Semi-Annually A. Remove accumulated sediment from bottom of outlet structure. B. Check pond depth at various locations. If depth is reduced to 75% of original design depth, remove sediment to original design depth. C. Reseed grassed swales twice yearly. IV. General A. Mow side slopes according to the season. Maximum grass height to be six (6) inches. B. Cattails are encouraged along pond perimeter; however, they must be removed when they cover the entire surface area of pond. C. All components of impoundment system to be kept in good working order. D. In case the ownership of the Impoundment Transfers, the current owner shall, within thirty (30) days of transfer of ownership, notify the Town of Cary Engineering Department, Stormwater Management Division of such ownership transfer. E. This property and impoundment is also subject to the Operation and Maintenance Manual field relative to this project. I, , hereby acknowledge that I am the financially responsible party for maintenance of this impoundment. I will perform die maintenance as outlined above, as part of the Certificate of Compliance with Stormwater Regulations received for this project. Signature: I, County of personally appeared before me this execution of the forgoing instrument Date: a Notary Public for the State of do hereby certify that day of Witness my hand and official seal, ,20 and acknowledge due Seal My commission expires MAINTENANCE AGREEMENT - BMP 1,2,3 PROJECT: The Renaissance at Regency Townhomes TOC Project RESPONSIBLE PARTY: Regency Investment Group PHONE NO.: 919-571-8263 ADDRESS: 8310 Bandford Way Raleigh. North Carolina 27615 Monthly or after every runoff producing rainfall, whichever comes first: a. Remove debris from bio-retention area. b. Inspect for ponding, washed-out areas, and soil conditions. c. Check for eroded areas of bio-retention area and repair before next rainfall. d. Check vegetation conditions within the bio-retention area and replace if necessary any damaged plant materials. Quarterly a. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear accumulated trash from basin grates, and basin bottoms, and check piping for obstructions. b. Check pond inlet pipes for undercutting. Repair if necessary. c. Repair any broken pipes. d. Remulch any void areas by hand whenever needed. e. Replace rip rap at outlet pipe that is choked with sediment. III. Semi-Annually a. Reseed grass swale or border twice yearly. b. Apply new mulch twice yearly. IV. General a. All components of Bio-retention area to be kept in working order. b. This property and bio-retention area is also subject to the Operations and Maintenance Manual filed in relation to this project. c. In case the ownership of the Impoundment Transfers, the current owner shall, within thirty (30) days of transfer of ownership, notify the Town of Cary Engineering Department, Stormwater Management Division of such ownership transfer. I, , hereby acknowledge that I am the financially responsible party for Maintenance of this impoundment. I will perform the maintenance as outlined above, as pat of the Certificate of Compliance with Stormwater Regulations received for this project. Signature: Date: I, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of ,20 and acknowledge due execution of the foregoing instrument. Witness my hand and official seal. Seal My commission expires: OPERATIONS & MAINTENANCE MANUAL Project: The Renaissance at Regency Townhomes WATERSHED PROTECTION BIO-RETENTION AREA Cary, NC Owners: Regency Investment Group Address: 8310 Bandford Wav Raleigh, NC 27615 Phone Number: 919-571-8263 Prepared by: Hunter Freeman, PE Date: July 28, 2005 Project: The Renaissance at Regency Townhomes Date Constructed: Summer 2005 Location: Regency Parkway, Cary NC Receiving Water Course: Contractor: (List Below) Landscape Contractor Grading Contractor OPERATIONS AND MAINTENANCE MANUAL 3 WATERSHED PROTECTION EXTENDED DRY DETENTION BASINS This manual establishes procedures for maintenance and operation of the 3 dry detention basins in accordance with the Town of Cary guidelines as set forth in the UDO Section 10, Chapter 13. MAINTENANCE OF DRY DETENTION BASINS Vegetation - The drainage areas have a ground cover of fescue, which if properly maintained, will prevent erosion of the embankment and provide an easy surface for inspection. The grass will be most difficult to obtain in the area subject to water level fluctuation. Grass should be fertilized every October and April. Re-Seeding - Periodic re-seeding may be required to establish grass on areas where seed did not take or have been destroyed. Before seeding, fertilizer (12-12-12) should be applied at a minimum rate of 12 to 15 pounds per 1,000 SF. The seed should be evenly sown at a rate of three pounds per 1,000 SF. The seed should be covered with soil to the depth of approximately %". Immediately following the planting, the area should be mulched with straw. Trees and Shrubs - Trees, shrubs and other landscape vegetation should be permitted only as shown on the approved planting plan. The vegetation should be kept healthy and vibrant. If a tree or shrub dies it should be removed and replaced with another tree or shrub from the same species (see attached maintenance schedule). Mowing - Grass mowing, brush cutting and removal of weed vegetation will be necessary for the proper maintenance of the basins. All basin slopes and vegetation should be mowed when the grass exceeds 8" in height. Acceptable methods include the use of weed whips or power brush cutters and mowers. Erosion - Erosion occurs when .the water concentrates causing failure of the vegetation or when vegetation dies and sets up the environment for rill erosion and eventually gullies from the stormwater runoff. The basins should be inspected. Proper care of vegetative areas that develop erosion is required to prevent more serious damage to the site. Rills and gullies should be filled with suitable soil compacted and then seeded. Methods described earlier on vegetation should be used to properly establish the grass surface. Where eroded areas are detected, the cause of the erosion should be addressed to prevent a continued maintenance problem. Rodent Control - Generally in this urban environment, rodents are not a problem. Rodents such as groundhogs, muskrats and moles are attracted to moist, wet areas and can be quite dangerous to structural integrity and proper performance of the earthwork and drainage. Groundhogs and muskrats thrive on burrowing into the manmade earthwork, which become pathways for seepage. In the event that burrows are detected within the dry detention basin, the rodents should be dealt with by removal. Trash and Debris - Trash acts as a barrier to stormwater discharge and attracts unwanted pests. The dry detention should be kept clear of debris such as loose bottles, cans, food containers and other forms of rubbish. The area should be cleared of debris as needed, but no less that twice a year. MAINTENANCE OF SPILLWAYS AND CONTROL STRUCTURE Inspection of Conduits - Conduits should be inspected thoroughly once a year. Conduits should be visually inspected at the joints. Pipes should be inspected for proper alignment (sagging), elongation and displacement at joints, cracks, leaks, surface wear, loss of protective coating, corrosion and blocking. Problems with conduits most often occur at joints and special attention should be given to them during inspection. Joints should be checked for gaps caused by elongation or settlement and loss of joint filler material. Open joints can permit erosion of the earthwork and possible the piping of soil material through the joints. A depression in the soil surface over the pipe may be signs that soil is being removed from around the pipe. OPERATION Drainpipes - Drainpipes should always be operable so that the water can be drawn down in the event of severe rain or for repairs for maintenance. Record Keeping - Operation of dry detention basin should include recording of the following: Annual Inspection Reports - A collection of written inspection reports should be kept on record in Section IV of this manual. Inspection should be conducted annually. Copies should be provided to the Town of Cary Stormwater Management Section of the Engineering Department. Observations - All observations should be recorded. Where periodic inspections are performed following significant rainfall, these inspections should be logged into the Periodic Inspection, Operations and Maintenance Form in Section IV of this manual. Other Operational Procedures - The owner should maintain a complete and up-to-date set of plans (as-built drawings) and all changes made to the bio-retention area over time should be recorded on the as-builts. Sedimentation and Dredging - Sedimentation from on-site and off-site soils will eventually result in the clogging of drainage conduits and will have to be removed. The frequency of this sediment removal can be reduced by ensuring that the site areas around the building be stabilized with a vegetative ground cover such that it restrains erosion. This would include a periodic application of fertilizer and/or other treatment necessary to promote a stable ground cover and minimize sedimentation to the pond. The removed material should be hauled offsite to a suitable landfill site or mounded somewhere on site and stabilized with a ground cover sufficient to restrain erosion. Example Maintenance Schedule for dry detention basins Description Method Frequency Time of Year SOIL Inspect and repair erosion Visual Monthly All year PLANTS Removal and replacement See planting Twice a year As directed by of all dead and diseased specifications landscaper vegetation considered beyond treatment Treat all diseased trees and Mechanical or N/A Varies, dependent shrubs by hand on insect or disease infestation Watering of plant material By hand Daily Immediately after shall take place at the end completion of of each day for fourteen project consecutive days and after planting is completed Replacement of support By hand Once a year Only remove stake stakes in the spring Replace any deficient By hand As needed As needed stakes or wires Detail of Planting Guide for each Dry Detention Basin Return to: Thomas L. Horstman, CPESC Erosion Control Supervisor DEVELOPMENT REVIEW Town of Cary PO Box 8005, Cary, NC 27512 NORTH CAROLINA WAKE COUNTY RESERVOIR WATERSHED PROTECTION AND ACCESS EASEMENT AND AGREEMENT (Corporate) THIS RESERVOIR WATERSHED AND ACCESS EASEMENT AND AGREEMENT, made this day of , by Regency Investment Group, a North Carolina corporation whose principal address is 8310 Bandford Way, Raleigh, NC 276151 (hereafter "Grantor"), with, to, and for the benefit of the Town of Cary, a municipal corporation of the State of North Carolina, whose address is P.O. Box 8005, Cary North Carolina 27512-8005 (hereinafter "Grantee" or "Town"). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property, situated in the Town of Cary, County of Wake, North Carolina and more particularly described as follows: 3 Legal Description It being the same land conveyed to the Grantor by deed recorded in Book at page in the Office of the Register of Deeds for Wake County (hereafter referred to as "Property"); and WHEREAS, the property is located in a Reservoir Watershed Protection District within the planning jurisdiction of the Town of Cary, and is subject to certain requirements set forth in the Unified Development Ordinance of the Town, (hereafter "Cary UDO"), as such may be amended from time to time; and WHEREAS, one of the conditions for development of Property is the granting or dedication of a Reservoir Watershed Protection easement, which includes the implementation of certain watershed protection measures such as, but not limited to, the construction, operation and maintenance of engineered stormwater control structure(s) as provided in Cary UDO; the dedication of an access easement for maintenance of Reservoir Watershed Protection easement area and structures; and the assumption by Grantor of certain specified maintenance and repair responsibilities; and Watershed Protection Agreement Page 1 of5 WHEREAS, this Easement and Agreement has been procured in accordance with the requirements of N.C. G.S. Sec 143-211 et. seg. and Chapter 10, Part 3 of Cary UDO NOW, THEREFORE, for a valuable consideration, including the benefits Grantor may derive therefrom, the receipt of which is hereby acknowledged, Grantor has dedicated, bargained and conveyed and by these presents does hereby dedicate bargain, sell, grant and convey unto the Grantee, its successors and assigns, a perpetual, and irrevocable right and easement in, on, over, under, through and across Property (1) for a Reservoir Watershed Protection easement ("hereafter RWP Easement') of the nature and character and to the extent hereinafter set forth, more particularly shown and described on (not available at this time) which is attached hereto and incorporated herein by reference; upon which Grantor shall construct, maintain, repair and reconstruct stormwater control structure(s), including detention pond(s), pipes and water control structures, berms and dikes, and shall establish and maintain vegetative filters and groundcovers; and (2) an access easement more particularly shown and described on Attachment (not available at this time), for the purpose of permitting Town inspection and, if necessary, maintenance and repair of the RWP Easement and stormwater control structure(s) as more fully set forth herein and in Cary UDO. The terms, conditions, and restrictions of the RWP Easement and Access Easement are: 1. The requirements pertaining to the RWP Easement are more fully set forth in Chapter 10, Part 3, Cary UDO and the "Operation and Maintenance Manual for The Renaissance at Regency Townhomes (hereafter "Operations and Maintenance Manual"), Cary, NC, prepared by Hunter Freeman. PE and dated July 28, 2005 a copy of which is on file in the Town of Cary Engineering Department. Grantor further agrees Grantor shall perform the following, all at its sole cost and expense: 1. Monthly or after every runoff producing rainfall, whichever comes first: a. Remove debris from trash rack. b. Check and clear orifice of any obstructions. c. Check pond side slopes; remove trash, repair eroded areas before next rainfall. Watershed Protection Agreement Page 2 of5 II. Quarterly a. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear accumulated trash from basin grates, and basin bottoms, and check piping for obstructions. b. Check pond inlet pipes for undercutting. Repair if necessary. c. Repair any broken pipes. d. Replace rip rap that is choked with sediment. e. Reseed grassed swales twice yearly. Repair eroded areas immediately. III. Semi-Annually a. Remove accumulated sediment from bottom of outlet structure. b. Check pond depth at various locations. If depth is reduced to 75% of original design depth, remove sediment to original design depth. IV. General a. Mow side slopes according to the season. Maximum grass height to be six (6) inches. b. Cattails are encouraged along pond perimeter, however, they must be removed when they cover the entire surface area of pond. c. All components of impoundment system to be kept in good working order. d. In case the ownership of the Impoundment Transfers, the current owner shall, within thirty (30) days of transfer of ownership, notify the Town of Cary Engineering Department, Stormwater Management Division of such ownership transfer. e. This property and impoundment is also subject to the Operation and Maintenance Manual filed with the register of deeds. 2. Grantor represents and warrant that Grantor is financially responsible for construction, maintenance, repair and replacement of all stormwater control structures, appurtenances and vegetation, including the impoundment. Grantor agrees to perform the maintenance as outlined above and in the Operations and Maintenance Manual in consideration of the Certificate of Compliance with stormwater regulations received for Property. 3. If Grantor fails to comply with these requirements, or any other obligations imposed herein, in Cary UDO or Operations and Maintenance Manual the Town of Cary may perform such work as Grantor is responsible for and recover the costs thereof from Grantor. 4. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee, its officers, employees, and agents may enter RWP Easement and Access Easement whenever reasonably necessary for the purpose of inspecting same to determine compliance herewith, to maintain same and make repairs or replacements Watershed Protection Agreement Page 3 of5 to the stormwater control structure(s) and appurtenances and conditions as may be necessary or convenient thereto in the event Grantor defaults in its obligations and to recover from Grantor the cost thereof, and in addition to other rights and remedies available to it, to enforce by proceedings at law or in equity the rights, covenants, duties, and other obligations herein imposed. The Grantor shall in all other respects remain the fee owner of Property and area subject to these easements, and may make all lawful uses of Property not inconsistent with these easements. The Grantee does not waive or forfeit the right to take action to ensure compliance with the terms, conditions and purposes of this Easement and Agreement by a prior failure to act. The Grantor agrees that the terms, conditions and restrictions of this easement will be inserted by Grantor in any subsequent deed or other legal instrument by which he divests himself of either the fee simple title to or possessory interests in the subject property. The designation Grantor and Grantee shall include the parties, their heirs, successors and assigns. TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted to the Grantee, its successors and assigns forever and the same Grantor does covenant and that Grantor is seized of said premises in fee and has the right to convey the same, that except as set forth below the same are free from encumbrances and that Grantor will warrant and defend the said title to the same against claims of all persons whosoever. The covenants agreed hereto and the conditions imposed herein shall be binding upon the Grantor and its agents, personal representatives, heirs and assigns and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity with the above described land. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (Grantor) (President) Watershed Protection Agreement Page 4 of 5 Attest: Secretary (Corporate Seal) NORTH CAROLINA WAKE COUNTY I, the undersigned Notary Public, do hereby certify and State aforesaid, do hereby certify that personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal this day of My commission expires: 20 Notary Public [Official Seal] Ckc EasementMeed/Corporate.doc Watershed Protection Agreement Page 5 of5 Town of Cary AS-BUILT CHECKLIST All entities that construct watershed protection devices shall submit to the Town of Cary Engineering Department, Stormwater management, an As-Built set of construction drawings as a part of the Town's acceptance process. As-builts must be submitted prior to acceptance of the watershed protection device or issuance of a Certificate of Occupancy. The following checklist must be attached to each set of as- builts submitted for approval. Each blank must be initialed by the applicant as being included on the as- builts or marked N/A if not applicable to the project. All plan sheets must be 24' x 36' mylar or vellum. Lettering shall be bold, clear, and a minimum of 1/8" in height. All applicable information listed below must be included on all as-built drawings. AS-BUILT INFORMATION Submitted by Phone # 2. SITE DATA A. Acreage in total site B. Acreage of impervious surface C. Percent of impervious surface D. Identify utilities location GENERAL INFORMATION A. Copy of recorded plat or deed of easements, indicating easements and right-of-way (Reservoir Watershed Protection access and maintenance easement.) B. Boundary of tract by courses and distance with references C. Tie to N.C. grid coordinate system D. 500 scale vicinity map E. Scale of drawings and bar scale F. North arrow G. Location of benchmark with M.S.L. elevations H. Seal and signature of North Carolina registered P.E. or R.L.S. on each sheet that performed as-builts. 1. All easements identified and dimensioned J. State designating drawings are "as-built" on each sheet 4. BMP AND STORM DRAINAGE A. Outline of 100-year flood plain B. All materials used for construction of BMP and storm drain C. Invert and top elevations for riser structure, top of dam, emergency spillway, catch basins and storm drain. D. Pipe slope and distance E. Size of riprap dissipation pad F. Maintenance agreement responsibility statement G. Cross section of BMP H. Pipe size 1. Statement of all stormwater velocity at all outlets J. Volume and storage capacity of BMP