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Home My WebLink About20031625 Ver 3_Complete File_20060417W AT FjSj pG O?©F Michael F. Easley, Governor ice-- William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review Permitting Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-0203 Fax #: 919-733-6893 Fax To: Will Rector, Woolpert, Inc. Barton Tuc Subject: Bright's Creek Golf Course Fax #: 864.421.9909 864.672.0026 8z8. (48.9&03 ?'?' ( t?? Zoo Date: 4enuap Number of pages including cover sheet: Notes or special instructions: The original will be sent in the mail. If you have questions, please contact Cynthia Van Der Wiele at 919-715-3473 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: Mtp://h2o.enr.state.nc.us/ncwetlands NorthCarolina Aaturally An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper z Design3?Sr??r???? ?$. 1 I 1 I ?I 1 i i I ?Exr O 3 - 1 ?2_? ? , BRIGHT'S CREEK GOLF COURSE: MAINTENANCE FACILITY Stormwater and Water Quality System Report qua _ ? ;OG6 jALITY WFTI Atjw,.,kaO STC)RmwATER BRANC Polk County, NC March 23, 2006 3/)3/00 n u TABLE OF CONTENTS PAGE Executive Summary ................................................................................. 2 Maintenance Agreement ......................................................................... s Appendix A Site Maps and Soils Maps Appendix B SEDCAD4 Output Permanent Extended Dry Detention Appendix C NOAA Rainfall Data Table Appendix D NCDWQ Supplement Form Checklist Appendix E Water Quality System Layout and Design Appendix F Terra Aqua Gabion Information and Installation Specifications Appendix G IDEAL Model Output March 23, 2006 Bright's Creek Golf Course 1 Stormwater and Water Quality Report 30-3/bb ' EXECUTIVE SUMMARY ' Project Description Located in Polk County, this project consists of designing and constructing a permanent ' water quality system for Bright's Creek Golf Course maintenance shed facility. The design is in reference to Additional Condition #7 under the original permit modification letter DWQ# 03-1625 dated May 26, 2005. Additional Condition #7 refers to the ' maintenance facilities and states that "a written stormwater management plan shall be written and implemented before any structure is to be occupied." The goal for this project is to address the maintenance facility water quality design as the stormwater collection systems have been installed along with the parking areas and maintenance sheds. Maps of the project site can be found in Appendix A. Project Approach ' Since the stormwater collection systems have already been installed, a conservative design approach was implemented. The Golf maintenance shed area consists of 1.4 acres with approximately 70% of that area being impervious due to the buildings and parking ' areas. The drainage areas were analyzed using SCS methodology. The SCS inputs utilized are found in Table 1. Table 1: SCS Watershed Inputs 1 Landuse Type Area Acres CN Golf Storage Facility 0.16 98 Sidewalk 0.01 98 Parkin Area 0.80 98 Grassed Areas 0.43 ' 69 Total Area 1.40 Area Weighted CN 89 A conservative average time of concentration (TOC) of 0.1 hrs (6 min.) was selected for the entire drainage area. The soils of the drainage area were determined to be of ' hydrologic soil group (HSG) `B'. Hydrologic soil group `B' is defined as soils having moderate infiltration rates when thoroughly wetted and consist chiefly of moderately deep, moderately well drained soils with moderately fine to moderately course textures. Soils maps of the project site can be found in Appendix B. The SEDCAD4 model was used to simulate runoff for the selected storm frequencies and for evaluating and routing various permanent dry detention designs to adequately meet NCDWQ standards. The SEDCAD4 program output files are included in Appendix B. ' March 23, 2006 Bright's Creek Golf Course 2 Stormwater and Water Quality Report I Permanent Stormwater Quality Management Due to land constraints, previous site development and limited drainage areas, a step pool dry detention pond system with a wooded buffer area was selected to provide permanent stormwater quality management. With a site drainage area of only 1.4 acres, stormwater ' wetlands and wet detention ponds were not considered. The NC DENR Stormwater Best Management Practices Manual suggests that stormwater wetlands and wet detention basins should have a minimum contributing drainage area of 10-acres (25-acres or more ' is preferred). Bioretention was not selected because the NC DENR Stormwater Best Management Practices Manual states the bioretention should not be used in areas where mature trees would have to be removed solely to construct the bioretention area. A heavy stand of mature trees and mountain laurel would have to be removed to properly install a bioretention area on this site. The pond was designed to capture the rainfall from a 1-inch storm event which was selected to be a 2-year 0.5 hour storm (1.32 inches) based on NOAA's Atlas 14 data collection chart for the greater Tryon, NC area. The NOAA table can be found in ' Appendix C. The pond was designed to minimize the extent of impact to the surrounding area with respect to natural habitat and soil grading. The pond utilizes a natural drainage swale that does not require excavation in order to meet the volume requirements. An ' emergency drain was not installed since the riser structure is adequate to completely drain the pond under the 100-year storm event. ' The permanent stormwater water quality management system consists of- - A step forebay with a design storage volume of 300 ft3 (270 ft3 is required based on 20% of the required dry detention volume). - An extended dry detention basin with a design storage volume of 2,400 ft3 (1,300 ft3 required). The peak flow from the pond for the water quality storm event is 1.6 cfs. The design checklist can be found in Appendix D. ' - A level spreader downstream of the pond outlet to promote ground infiltration and overland sheet flow distribution to the wooded riparian buffer area. The design checklist can be found in Appendix D. ' - A 300-foot natural wooded riparian buffer area downstream of the level spreader. This entire 300-foot buffer is designated as a "protected riparian buffer" and there will be no ' construction or disturbance in this area. The buffer area will promote the removal of TSS, nitrogen, phosphorus, and bacteria before flow from the maintenance area reaches Bright's Creek. The wooded buffer will also provide thermal benefits to the runoff ' from the maintenance area. The IDEAL (Integrated Design and Evaluation Assessment of Loadings) Model was run ' to calculate the efficiency of the stormwater quality management system. The results of the IDEAL model are shown in Table 2 and the IDEAL design can be found in Appendix ' G. ' March 23, 2006 Bright's Creek Golf Course 3 Stormwater and Water Quality Report 1 1 1 1 1 1 1 1 1 Table 2: IDEAL Model Removal Efficiency Results SMP T .'' e TS5 Nitrogen Phos horus Bacteria D Pond Only 88.9% 19.0% 1 19.2% , 72.1% Wooded Buffer Only 82.1% 20.6% 20.6% 9.7% Complete System 89.8% 24.2% 24.1% 62.0% The forebay and pond area will be separated by a rock gabion system to promote the majority of the sediment deposition and trapping to occur in the forebay area. A full detail of the detention basin layout can be found in Appendix E and a description of the rock gabion system can be seen in Appendix F. Both the detention basin berm and level spreader will be protected with Erosion Control Blankets (ECBs) and permanently seeded within 14 days of completion of the project in accordance with N.C seeding specification # 1M. The seeding specifications can be found in the N.C. Erosion and Sediment Control Planning and Design Manual. March 23, 2006 Bright's Creek Golf Course Stormwater and Water Quality Report 4 J MAINTENANCE AGREEMENT Extended Dry Detention Basin and Forebay Extended dry detention basins require frequent mowing and unclogging of outlets. The following maintenance requirements must be followed: • Mow all grassed areas of an extended dry detention basin at least twice annually and repaired with seed or sod to restore dead or damaged ground cover. • Extended dry detention basins collect debris and sediment. Remove sediment when it reduces the pond volume by 25% (top of clean out stake), or at least twice annually. • Inspect the basin annually immediately after a rain event to ensure that it is operating as designed. • Clean out the pond forebay when sediment reaches top of cleanout stake. At a minimum, included and address the following items in the annual inspection: • Clogging of the outlet or too rapid release • Erosion on the banks or replacement of Erosion Control Blankets • Erosion at the inlet and outlet • Sediment accumulation and the need for removal in the basin and the forebay • Condition of embankment due to the emergence of woody vegetation Level Spreader Until permanent vegetation is established, the level spreader should be inspected every seven days and within 24-hours after each rainfall event that produces %2-inches or more of precipitation to ensure that it is functioning correctly. The contractor should avoid placement of any material on the structure or prevent construction traffic across the structure. If the spreader is damaged by construction traffic, it should be immediately repaired. Level spreaders require frequent maintenance. The following maintenance requirements shall be performed: • Mow all grassed areas at least twice annually. Inspect for erosion, rills and gullies annually. Repair damaged areas with seed and permanent Turf Reinforcement Matting (TRM) as needed. • Remove litter and debris annually or as needed. March 23, 2006 Bright's Creek Golf Course 5 Stormwater and Water Quality Report 1 1 Wooded Riparian Buffer Wooded riparian buffers require maintenance to repair erosion and protect against ' wildlife damage, insect damage and disease problems. Periodic thinning and harvesting of mature trees may be required to maintain buffer health and growth. At a minimum, the following maintenance requirements must be followed: • Inspect and repair erosion, rills, gullies or water channelization (monthly and following each large rainfall event). • Inspect trees and shrubs to evaluate their health (every 6-months). • Remove of evasive vegetation (every 6-months). Maintenance Facility Spill Containment BMPs The maintenance facility will provide and maintain spill containment BMP's on-site to eliminate spills from entering the storm drainage system. The owner/superintendent will ' conduct annual training to the maintenance facility staff on the location, application and use of each spill containment BMP. ' BMPs should be implemented to prevent and control spills in a manner that minimizes or prevents the discharge of spilled material to the storm drainage system. They apply anytime chemicals and/or hazardous substances are stored or used on-site. These substances may include, but are not limited to: ' • Herbicides; • Pesticides; • Growth inhibitors; ' • Fertilizers; • Deicing/anti-icing chemicals; • Fuels; • Lubricants; and • Other etroleum distillates p . To the extent that the work can be accomplished safely, spills of oil, petroleum products, substances listed above, and sanitary and septic wastes should be contained and cleaned up immediately. If a spill, regardless of size, of a hazardous substance reaches surface ' waters, DWQ must be notified. When reporting a spill, the following information must be provided: ' • Reporting party; • Material released; • Concentration or amount of material; ' • Contact phone number(s); • Resource damages (e.g., dead fish); ' March 23, 2006 Bright's Creek Golf Course 6 Stormwater and Water Quality Report J • Location; • Responsible party; and • Cleanup status. Training Educate employees on what a "significant spill" is for each material they use, and what is the appropriate response for "significant" and "insignificant" spills. Educate employees on the potential dangers to humans and the environment from spills and leaks. Hold regular meetings to discuss and reinforce appropriate disposal procedures. Provide specific cleanup instructions for different products handled on-site. Assign a person to be in charge of cleanup assistance. Prepare spill containment and cleanup lists that are easy to find and use. Post a summary of the cleanup plan at appropriate locations. Cleanup and Storage Procedures If a spill occurs, demobilize it as soon as possible. If there is a chance that the spill could enter a storm drain or sewer, plug the inlet and turn off or divert any incoming water. Cover the spill with the proper absorbent material. Do not use straw. Dispose of the used absorbent per manufacturer's instructions. If the spill is flammable, dispose of as directed by the local fire marshal. Keep the area well ventilated. Minor Shills - Minor spills typically involve small quantities of oil, gasoline, paint, etc., ' which can be controlled by the first responder at the discovery of the spill. Use absorbent materials on small spills rather than hosing down or burying the spill. Semi-Significant Spills - Semi-significant spills still can be controlled by the first responder along with the aid of other personnel. This response may require the cessation of all other activities. ' Contain the spill immediately. If the spill occurs on paved or impermeable surfaces, clean up using "dry" methods (absorbent materials, cat litter and/or rags). Contain the spill by encircling with absorbent materials and do not let the spill spread widely. If the spill occurs in dirt areas, immediately contain the spill by constructing an earthen ' dike. If the spill occurs during rain, to the extent that it doesn't compromise clean up activities, cover spill with tarps or other material to prevent contaminating runoff. I March 23, 2006 Bright's Creek Golf Course Stormwater and Water Quality Report ?J ' Significant/Hazardous Spills - For significant or hazardous spills that cannot be controlled by personnel in the immediate vicinity, the services of a spills contractor or a Haz-Mat team should be obtained immediately. Maintenance personnel should not ' attempt to clean up the spill until the appropriate and qualified staff has arrived at the job site. Spills should not be buried or washed with water. Previously used spill containment materials, contaminated materials, and recovered spill materials that are no longer suitable for the intended purpose should be stored and disposed of properly. ' Water used for cleaning and decontamination should not be allowed to enter storm drains or watercourses and should be collected and disposed of in the proper manner. ' Proper storage, clean-up and spill reporting instructions for hazardous materials stored or used on the project site should be posted at all times in an open, conspicuous and ' accessible location. Waste storage areas should be kept clean, well organized and equipped with ample clean- up supplies as appropriate for the materials being stored. Perimeter controls, containment ' structures, covers and liners should be repaired or replaced as needed to maintain proper function. ' Inspection and Maintenance ' Verify weekly, that spill control clean up materials are located near material storage, unloading and use areas. Update and stock appropriate clean-up materials whenever changes occur in the types of chemicals used or stored onsite. Owner's Signature: Date: Z-116'106 Superintendent's Signature: Date: ' March 23, 2006 Bright's Creek Golf Course 8 Stormwater and Water Quality Report LI'? I APPENDIXA SITE MAPS I March 21, 2006 Bright's Creek Golf Course A Stormwater and Water Quality Report Ale , 3 - Sri 'F_ , 11 I h. r ? rt. - Tr-'?e7 i •e. baer$t Branch - ,,?• 1 ~ ? ' )? i "\!' _ . ? a?G Ot. r*L AOL6 LEGFe,D ----------- PROP l Lt WH'E QPl¢T s-LvY 6OLMA - - RASE SE , PrC Of= WAY ?P(?OSED .AKEJPOM1D GOLF 6PIDGES P_RAMIG WALL ----'?- IXISTNG WAT?3 ?'?g' - E%STNG WEM^D ao &F°3i5 I, S ,\ F Ex5TN6 POADs AD " .2, "O'ME E 4LR'g2 - ??? v°- STL£GM APP(:- __- • IOW aioc-.E • CLLVER? 4FStA0EA8JT ? ? _ 1 • GQGVE Sue/ A -AEOLOGICA Sm:s ? ` / - r1 U>SD?Y T i 1- rl ,?? ? 1 ??`? 1 • I 1 ? ? 4 1 ? ? ti, ??'? j rf i ? '?. `may,, ? i i ?. ? t > 1W- a \ r Oll ? ?/ ? a ? rf - .. ? J / OCR-R ?? / ? ? _ /+ ' 'l am ; ??? ` `` ?- a??~i, 1? ? ' \ _ ' , i uo? er - gym. - tiw , w<y- _ .e ?. v .ec .rs,e s--.?..K-tw e.r IT i i\ -.--. `,? 3. • r r Y" Y Y: Y.: Y.: Y.: f ? yyam: Y yyY: Y: f ? yyam: Y yyY: Y: f ? J t 1 r r ? , ? i?i4 r? '?I^ sjR Jti ?.V, ? ?? vI ?I C??f ? ?`-;; ' ? '??' J ? J? ?'r .. k . ?' x?r' li l ii/ ?? V A „ f ' / ? ? ? J ? 1 i< i? .._ A J? +{r.? ? ?. r f r/ ' a ???' '?I / r'.• 4y 1 ? v - ,? r??OP / x, 'V ?lF )\ ! ,?,1 } 1 I 1 ? t_ \ if L ? r/ p r. 41// 14r it I? Maintenance Facility - Yep ` Project Site ? ?,?-ir^?ti'? ? ? c??' ??I ?l /:. 1( '? ?r?r."•:.1 l?'i?ii? j .::,?+V j ? J_?? -1•' r q = ? 1 i - r y ? 'A ?! r? wa t2 wosb KW 2s? ?;A V / r , . ?v I? ._+1 c?)tDI 1 Ala6/ a i`? , V - 2730 \\ \ , -/,, ,r- S, , 1y\ ?Cllffleld ?j I, Mtn 1P ? 134 _- ? i 11 l /` L l s: ? ? d ? ? ??:ti `@' l ? i r ? \ ? ? ?x ^? ? • +x \ ? x . >.a , " ? ? ` , ? ` r A Z ?< ,?. F is r i po u ?'. ? '! , I ? ? \? ? )) r rr >: ' ;? ?? N ? . oo ,y tdR / .L t{ iI, \\ s r /f xsao , •.?e .; " //JJ -, /, r/?? t 1? I II t} '+ ` . fi jam'" =.lt L ?\ al L / If 5's ' n? 1 \ \\\? ?P ?j_'?1 \? ?/ / -.. - . NO 3' 1•' V "q -Y ' ?j ? f1\ 64 i) ' f r ^ l `' °° 4= ? a7 4 5 \ i4 C!! o \ ;, z .. ,( v. stl 11" 5? ` / NC ? O 30 a L i! , / v v i vi '?// p'i ,? ?9 -7 III[I } "'. "I-? 1" 71 r b? g, . t r- r sri ` - 1 \ > > Nr13 cfy,. 1Y.0 V3 ,) " ' ,61 Y / ,. 1 r 1D repeQmh Cupyigia ® 1999 Ddu Ymmmualt, ME OM smme mw uses 742 8 s<ak: 1: ANA Deb& 110 Dat- WCM4 ' ClearWater USGS Topographic Map Bright s Creek Environmental Consultants, Inc. Polk County, 224 S. Grove Street, Ste F North Carolina Hendersonville, NC 28292 Cliffield Mountain Quad 828-698-9800 O a M J! J f'] U u; (V m u m r b u c 4 U F it QI O U 0 a U Lc. ? N v ) Lr N C ?00 ;J c`7 oN 00 o cn » x C N U z .:, ?z Ho ?U QO w A z w x APPENDIX B SEDCAD4 OUTPUT PERMANENT EXTENDED DRY DETENTION 1 ' March 21, 2006 Bright's Creek Golf Course B Stormwater and Water Quality Report SEDCAD 4 for Windows !`nnvrinhf 1008 P?mcla I CrMuah 1 Bright's Creek Golf Course: Maintenance Fadlity Dry Pond for Maintenance Facility Area 2 yr, a5-hr, storm (1,32 inches) 1/2" PVC Turn Down at Elev. 1215,5 Will Rector Woolpert 148 River St. Suite 220 Greenville, SC 29601 Phone: 864-527-4657 Email: William.Rector@woolpert.com Filename: Bright's Creek Design.sc4 Printed 01-17-2006 SEDCAD 4 for Windows f -,Hri h41QOR P-1. I Qnh.eroh 2 Genera/ Information Storm Information; Storm Type: NRCS Type II Design Storm: 2 yr - .5 hr Rainfall Depth: 1.320 inches Filename: Bright's Creek Design.sc4 Printed 01-17-2006 i SEDCAD 4 for Windows f n?..rinhf loan 0-1. 1 Qrhu,ah Structure Networking; Type Stru (flows Stru # into) # Musk. K Musk. X (hrs) Description Pond #1 ==> End 0.000 0.000 Dry Pond #1 Pond 3 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 t SEDCAD 4 for Windows (`nrnirinh} 1008 P-1. I Crh,uoh 4 Structure Summary; Immediate Total Peak Total Contributing Contributing Discharge Runoff Volume (ac) (ac) (cfs) (ac-ft) In 3.86 0.06 #1 1.400 1.400 Out 1.63 0.05 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 t SEDCAD 4 for Windows (`nnvrinh} 1GOP 13 -mc1. 1 Ghumh 5 Structure Detail., Structure #1 (Pond, Dry Pond Pond Inputs: Permanent Pool Elev: 0.50 Permanent Pool: 0.00 ac-ft Perforated Riser Riser Riser Height Barrel Barrel Barrel Slope Number of ' Diameter (ft) Diameter Length (ft) (%) s n Spillway Elev Holes per Manning (in) (in) Elev 36.00 6.50 18.00 22.00 23.00 0.0130 6.50 1 Riser Riser Height Barrel Barrel Barrel Slope Number of ' Diameter (ft) Diameter Length (ft) (%) s n Spillway Elev Holes per Manning (in) (in) Elev 36.00 6.50 18.00 22.00 23.00 0.0130 6.50 1 Pond Results: Peak Elevation: 6.62 H'graph Detention Time: 15.51 hrs Dewater Time: 2.56 days Dewatering time is calculated from peak stage to lowest spillway Elevation-Capacity-Discharge Table Elevation Area (ac) Capacity (ac-ft) Discharge (cfs) Dewater Time (hrs) 0.00 0.000 0.000 0.000 0.01 0.000 0.000 0.000 0.50 0.000 0.000 0.000 1.00 0.001 0.000 0.003 0.67* Low hole SPW #1 1.50 0.002 0.001 0.004 2.23* 2.00 0.002 0.002 0.005 2.42* 2.50 0.003 0.003 0.005 3.00* 3.00 0.004 0.005 0.006 3.52* 3.50 0.006 0.007 0.007 4.29* 4.00 0.007 0.011 0.007 4.50 0.009 0.015 0.008 12.05 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 SEDCAD 4 for Windows (`-d-h4 1QQR P-1. 1 Ghw.h 6 Elevation Area (ac) Capacity (ac-ft) Discharge (cfs) Dewater Time (hrs) 5.00 0.010 0.019 0.008 5.50 0.012 0.025 0.009 15.25 6.00 0.013 0.031 0.009 8.65 6.50 0.015 0.038 0.009 9.10 Spillway #1 6.58 0.015 0.039 0.670 0.05 6.62 0.015 0.040 1.625 0.15 Peak Stage 7.00 0.016 0.046 10.339 7.50 0.018 0.054 29.227 Vesignates time(s) to dewater have been extrapolated beyond the 50 hour hydrograph limit. Detailed Discharge Table 1 Elevation Perf. Riser (cfs) User- input discharge (cfs) Combined Total Discharge (cfs) 0.00 0.000 0.000 0.000 0.01 0.000 0.000 0.000 0.50 0.000 0.000 0.000 1.00 0.000 0.003 0.003 1.50 0.000 0.004 0.004 2.00 0.000 0.005 0.005 2.50 0.000 0.005 0.005 3.00 0.000 0.006 0.006 3.50 0.000 0.007 0.007 4.00 0.000 0.007 0.007 4.50 0.000 0.008 0.008 5.00 0.000 0.008 0.008 5.50 0.000 0.009 0.009 6.00 0.000 0.009 0.009 6.50 0.000 0.009 0.009 6.58 0.661 0.009 0.670 7.00 10.330 0.010 10.339 7.50 29.217 0.010 29.227 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 SEDCAD 4 for Windows e,-, -hf I OOR 0---1. 1 Qnhwah 7 ' Subwatershed Hydrology Detail; Stru SWS SWS Area Time of Musk K Curve Conc Peak Discharge Runoff Volume # # (ac) Musk X UHS (hrs) (hrs) Number (cfs) (ac-ft) #1 1 1.400 0.100 0.000 0.000 89.100 TR55 3.86 0.06 1.400 3.86 0.06 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 t t SEDCAD 4 for Windows (`nnvrinM IQQ%Z 0-1. 1 CnhUroh 1 Bri Will Rector Woolpert 148 River St. Suite 220 Greenville, SC 29601 Phone: 864-527-4657 Email: William.Rector@woolpert.com Filename: Bright's Creek Design.sc4 ht's Creek Golf Course: Maintenance Facility Dry Pond for Maintenance Facility Area 100 yr, 12-hr, Storm (7, 85 inches) 112"PVC Turn Down at Elev. 1215,5 Printed 01-17-2006 t 1 1 1 1 1 SEDCAD 4 for Windows r,-, i ht BOOR D-1. I Ghui?h 2 Genera/ Information Storm Information; Storm Type: NRCS Type II Design Storm: 100 yr - 12 hr Rainfall Depth: 7.580 inches Filename: Brights Creek Design.sc4 Printed 01-17-2006 t t i t SEDCAD 4 for Windows !`nnvrinhf 1OOR P-I I Crhunh 3 Structure Networking: Type Stru (flows Stru Musk. K Musk. X Description # into) # (hrs) Pond #1 =_> End 0.000 0.000 Dry Pond #1 Pond Filename: Bright's Creek Design.so4 Printed 01-17-2006 1 1 1 1 1 1 1 t 1 1 1 1 1 SEDCAD 4 for Windows (`nnvrini.} 1008 0-1. I 4 Structure Summary; Immediate Total Peak Total Contributing Contributing Discharge Runoff Area Area Volume (ac) (ac) (cfs) (ac-ft) In 9.26 0.73 #1 1.400 1.400 Out 9.25 0.72 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SEDCAD 4 for Windows (,-,Hnh} loop P-1n I Gh,-h 5 Structure Detail: Structure #1(Pond1 Dry Pond Pond Inputs: Permanent Pool Elev: 0.50 Permanent Pool: 0.00 ac-ft Perforated Riser Riser Riser Height Barrel Barrel Barrel Slope Number of ' Diameter (ft) Diameter Length (ft) (%) s n Spillway Elev Holes per Manning (in) (in) Elev 36.00 6.50 18.00 22.00 23.00 0.0130 6.50 1 Riser Riser Height Barrel Barrel Barrel Slope Number of ' Diameter (ft) Diameter Length (ft) (ova) s n Spillway Elev Holes per Manning (in) (in) Elev 36.00 6.50 18.00 22.00 23.00 0.0130 6.50 1 Pond Results: Peak Elevation: 6.95 H'graph Detention Time: 1.04 hrs Dewater Time: 2.78 days Dewateriug time is calculated from peak stage to lowest spillway Elevation-Capacity-Discharge Table Elevation Area (ac) Capacity (ac-ft) Discharge (cfs) Dewater Time (hrs) 0.00 0.000 0.000 0.000 0.01 0.000 0.000 0.000 0.50 0.000 0.000 0.000 1.00 0.001 0.000 0.003 0.67* Low hole SPW #1 1.50 0.002 0.001 0.004 2.23* 2.00 0.002 0.002 0.005 2.42* 2.50 0.003 0.003 0.005 3.00* 3.00 0.004 0.005 0.006 3.52* 3.50 0.006 0.007 0.007 4.29* 4.00 0.007 0.011 0.007 5.61* 4.50 0.009 0.015 0.008 6.03* Filename: Bright's Creek Design.sc4 Printed 01-17-2006 t t 1 1 1 1 1 1 1 1 1 SEDCAD 4 for Windows r'-Mnhf 10OA P-1. I Qrhulah 6 Elevation Area (ac) Capacity (ac-ft) Discharge (cfs) Dewater Time (hrs) 5.00 0.010 0.019 0.008 5.50 0.012 0.025 0.009 15.25 6.00 0.013 0.031 0.009 8.60 6.50 0.015 0.038 0.009 9.20 Spillway #1 6.58 0.015 0.039 0.670 4.95 6.95 0.016 0.045 9.253 1.05 Peak Stage 7.00 0.016 0.046 10.339 7.50 0.018 0.054 29.227 Vesignates time(s) to dewater have been extrapolated beyond the 50 hour hydrograph limit. Detailed Discharge Table Elevation Perf. Riser (cfs) User- input discharge (cfs) Combined Total Discharge (cfs) 0.00 0.000 0.000 0.000 0.01 0.000 0.000 0.000 0.50 0.000 0.000 0.000 1.00 0.000 0.003 0.003 1.50 0.000 0.004 0.004 2.00 0.000 0.005 0.005 2.50 0.000 0.005 0.005 3.00 0.000 0.006 0.006 3.50 0.000 0.007 0.007 4.00 0.000 0.007 0.007 4.50 0.000 0.008 0.008 5.00 0.000 0.008 0.008 5.50 0.000 0.009 0.009 6.00 0.000 0.009 0:009 6.50 0.000 0.009 0.009 6.58 0.661 0.009 0.670 7.00 10.330 0.010 10.339 7.50 29.217 0.010 29.227 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 ' SEDCAD 4 for Windows ('-,Anh} 1 OOA P-1. i Ghu.?h 7 Sub watershed Hydrology Detail: Stru SWS SWS Area Time of Musk K Curve Peak Runoff Conc Musk X UHS Discharge Volume # # (ac) (hrs) Number (hrs) (cfs) (ac-ft) #1 1 1.400 0.100 0.000 0.000 89.100 TR55 9.26 0.73 E 1.400 9.26 0.73 Filename: Bright's Creek Design.sc4 Printed 01-17-2006 Stage-Discharge Relationship for Riser Structures Outflow Structures (input areas are in gray) Bright's creek 1/2" Turned Down elbow Design T.p of Pond Elev 7.5 Bottom of Pond Elegy. 0 Weld Orifice Flow Diameter (in Top singe .11 Coe' Orifice Coef. Manning n Heigh 05 05 1:6V . n 4.F0 0' 013, t- - 0'S Pipe Flow Diameter ( )' ? 1 g -" Length E • } ('. OWet Sago Manning '' r Ke (1 0) } 1 i 10(05) ) slope (R/fl)Fla-_-n' ,^r Emerg. Spillway Bottom N4dth if Sid. Slopes (a:1', Fbw length (P`. Stag. t6' 0 4 G 1 orln«N1 Number of holes 4 Or(n 02 Number N twlos Orin 93 Number of We f} Orifice #4 Number o/hole Orifice 05 Number of holes 3 Diameter (inches) 1nveR Stage(ft) Onfice Coe( (0.6)' Check Number of Holes Check Hole Spacing 0 4 § OK OK Oiamete (oche) D IMert Srnge(R) Orifi« Cosf (0.6) Check Number of Holes OK Check Hole Spacing OK Diameter (Inehe Invert Shge(ft) .,lice C.ef (06) Check Number of Holes Check Hole Spacing Dy?, = - ` OK OK D ameter (inehm Invert Staga(P Orlfic. Coef. (0.6) Check Number of Holes Check Hole Spacing lu OK ` OK Diameter (mch e, In ert Shge(fl; OrifiCoef. (of Check Number of Holes Check Hole Spacing O' - 0 99, OK OK 1 Water Sb e - Weir Flow odflee Flout PI OW Orifice Orifice 92 Orifice a3 Orifice 94 Orln«aS Emer .8 IIWa Tonal Olscnar e o.000 0.000 0.000 0.000 0.00 0.00 0.00 0.00 0.0 0.0 0.000 0.000 0.000 0.600 0.00 000 coo 0.00 0.0 0.0000 0 ,, 0.000 0.000 0.000 0.000 0.00 0 00 O.OD 0.00 0.0 0.0000 07, 0.049 0.003 0.602 0.ODD 0.00 OAO 0.00 0.00 0.0 0.0019 ` 1 0 0.t 39 0.005 0.603 0.000 0.00 0.00 0.00 0.00 0.0 0.0027 0.255 0.005 0.603 0.000 0.00 0.00 0.00 0.60 0.0 0.0033 t [o am 0.007 0.004 0.000 0.00 0.00 0.00 0.00 0.0 0.0036 ., 1.'. 0.549 0.007 0.004 0.000 0.00 0.00 0.00 0.00 0.0 0.0042 ? { 2rp 0.721 0.006 0.005 0.000 0.00 0.00 0.00 0.00 0.0 0.0046 'r 4 4_ 0.909 0.009 0.005 0.000 0.00 0.00 0.00 0.00 0 0 0.0050 t n 1.171 0.009 0.005 0.000 0.00 0.00 0.00 0.00 00 0.0054 1.325 0.010 0.006 0.000 0.00 0.00 0.00 0.00 0.0 0.0057 f 1.•] 1.552 0.010 0.006 0.000 0.00 0.00 0.00 0.00 O.O 0.0060 Y -. 1.791 0.011 0.006 0.000 0.00 0.06 0.00 0.00 0.0 0 .ODS3 s 2041 0.011 0.007 01000 0.00 0.00 0.00 0.00 0.0 0.0066 - 2.301 0.072 0.007 0.000 0.00 0.00 0.00 0.00 0.0 0.0066 1 O 2.571 0.012 0.007 0.000 0.00 0.00 0.00 coo 0.0 0.0071 1 2652 0.013 0.007 0.000 0.00 0.00 0.00 0.00 0.0 0.0073 3.142 0.013 0.006 0.000 0.00 0.00 0.00 0.00 0.0 0.0076 175 3.441 0.014 0.006 0.000 0.00 0.00 0.00 0.00 0.0 0.0078 '_ DD 3.749 0.014 0.006 0.000 0.00 0.00 0.00 0.00 0.0 0.0060 ?• 25 4.065 0.014 0.006 0.000 0.00 0.00 0.00 0.00 0.0 0.0063 _ 4.391 0.015 0.006 0.000 0.00 0.00 0.00 0.00 0.0 0.0085 4.724 0.015 0.009 0.000 0.00 OAO 0.60 0.00 0.0 0.0087 0. D 5.065 0.015 0.009 0 .OD6 0.00 0.00 0.00 - 0.00 0.0 0.0089 5.415 0.016 0.009 0.000 0.00 0.00 ODD 0.00 0.0 0.0091 5.771 0.016 0.009 0.000 0.00 0.00 0.00 0.00 0.0 0.0093 . 1, 75, 6 136 11.076 0.009 O.OOD 0.00 0.00 0.00 0.00 0.0 0.0095 r 7- . 6.SD8 0.017 0.010 0.000 0.00 0.00 0.00 0.00 0.0 0.0097 6.687 0.017 0.010 0.000. 0.00 0.00 0.00 0.00 0.0 0.0098 . chp 7.273 0.017 0.010 0.000 0,00 0.00 0.00 0.00 0.0 0.0100 4Y 44 VIM F Tx?? I, 2 1 Water Stage Total Discharge .*25 0.00 o Total Discharge 0.50 0.0000 0.0110 0.75 0.0019 1.00 0.0027 3 1.25 0.003 0.0100- 1 -50 0.0038 1.75 0.0042 2.00 0.0046 0.0090 2.25 0.0050 2.50 0.0054 2.76 0.0057 0.0080 3.00 0.0060 3.25 0.0063 0 0 6 3.60 . 06 0.0070 3.75 0.0068 4) 4.00 0.0071 0 0073 0 4.25 . 0.0060 4.50 0.0076 4.75 0 5 0 0.0078 0090 0 0 Z . 5.25 . 0.0083 H 0.0050 5.50 0.0085. Q s 7s 0 0087 . 6.00 . 0.0089 0.0040 6.25 0.0091 6 50 0 0093 ' 6.75 . 0.0095 0.0030 7.00 0.0097 25 7 0 0098 a1 . 7.50 . 0.0100 O.o0G0 top to 0.0000 0 0000 p top . 0.0 0.0010 top :O 0.0 o 0 p top . 0.0 0.0000 0 5 5.0 5.5 6.0 6.5 7.0 7 0 3 5 4 0 4 5 2 0 2 5 3 0 1 0 0 5 1 .5 top 0.0 . . . . . . . . . . top top 0.0 0.0 1 Stage top 0.0 APPENDIX C NOAH RAINFALL DATA TABLE March 21, 2006 Bright's Creek Golf Course Stormwater and Water Quality Report C Precipitation Frequency Data Server Page 1 of 5 POINT PRECIPITATION gel aff FREQUENCY ESTIMATES ' FROM NOAA ATLAS 14 South Carolina 35.187 N 82.21 W 1066 feet from "Precipitation-Frequency Atlas of the United States" NOAA Atlas 14, Volume 2, Version 2 G.M. Bonnin, D. Todd, B. Lin, T. Parzybok, M.Yekta, and D. Riley ' NOAA, National Weather Service, Silver Spring, Maryland, 2004 Extracted: Tue Jan 17 2006 GnfidenceLimits Spsonality??. Location"Maps Over info. _GIS data Maps Help 0 u L Precipitation Frequency Estimates (inches) 5 10 [4[4[ 60 120 3??6 12 M24 Fqhr 7 10 20 30 45 60 - 14!!'? min], mm mm hr hr hr F ay day day 11 day day day day 1.32 1.65 1.94 2.11 2.74 3.54 4.50 5.37 6.04 7.04 8.04 10.76 13.10 16.55 19.71 6_56 F69-61 E ? 1.62 2.08 2.44 2.64 3.39 4.38 5.55 6.55 7.26 8.44 9.55 12.51 15.01 18.67 22.04 AR 61 1.85 2.41 2.84 3.08 3.95 5.07 6.38 7.50 8.22 9.57 10.76 13.87 16.47 20.23 23.73 25 0.72 1.15 1.46 2.16 2.87 3.41 3.73 4.78 6.07 7.55 8.81 9.52 11.11 12.40 15.66 18.31 22.13 25.77 50 0.79 1.25 1.59 2.39 3.24 3.89 4.29 5.50 6.92 8.50 9.86 10.56 12.34 13.70 17.02 19.69 23.50 27.22 100 0.86 1.36 1.72 2.64 3.63 4.40 4.90 6.30 7.85 9.49 10.96 11.61 13.61 15.03 18.36 21.00 24.76 28.51 200 0.93 1.47 1.85 2.88 4.04 4.96 5.59 7.20 8.89 10.54 12.11 12.69 14.91 16.38 19.68 22.26 25.93 29.70 500 1.02 1.61 2.02 3.22 4.62 5.79 6.62 8.58 10.46 12.00 13.71 14.24 16.70 18.23 21.40 23.84 27.33 31.09 1000 1.09 1.72 2.15 3.49 5.09 6.49 7.51 9.80 11.85 13.18 15.00 15.47 18.12 19.68 22.70 24.99 28.32 32.06 al. Text version of table *These precipitation frequency estimates are based on a partial duration series. ARI is the Average Recurrence Interv Please refer to the documentation for more information. NOTE: Formatting forces estimates near zero to appear as zero. http://hdsc.nws.noaa.gov/cgi-binlhdsclbuildout.perl?type=pf&series=pd&units=us&statena... 1/17/2006 t Precipitation Frequency Data Server Partial duration based Point Precipitation Frequency Estimates Version: 2 35.187 N 82.21 W 1066 ft Page 2 of 5 s 4s a a a 0 m .Q U d L CL 2 3 4 5 6 7 8 910 20 30 40 50 80 100 140 200 300 Average Recurrence Interval (years) Tue Jan 17 13:09:27 2006 Duration 5-min 0-r. --?- 48-hr x 30-day x 10-min ?- 3-hr -w 4-day -- 15-min ?- 6-hr 8 7-day ?- 60-day -w 30-min a 12-hr + 10-day + 60-min --*- 24-hr -e- 20-day --a- http://hdsc.nws.noaa.gov/cgi-binlhdsc/buildout.perl?type=pf&series=pd&units=us&statena... 1/17/2006 Precipitation Frequency Data Server Page 3 of 5 Partial duration based Point Precipitation Frequency Estimates Version! 2 35.187 N•82.21 W 1066 ft c C £ C C C C S L L L L L L L L L DI T T T T DI DI a T M •.+ •.? •.+ •.r •.r •ti I S t L L .? t S t t N N N N 'N N N N M N 9 E E E E E m I I I I I 1 1 I I ? ? "6 ? ? ? ? ? 'a ? I I I 1 1 I N M d. ?D M N M ?D W 1 1 1 1 1 1 1 1 1 1 In 19 If1 m m @ N CO 't M ? 1n rt m II) 0 9 0 9 '•" "• Cl) ?D G% Duration -+ N M V W 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 10 9 8 7 6 5 4 3 2 1 0 s Q w a 0 N .Q V a L a Tue Jan 17 13:09:27 2006 Average Recurrence Interval (years) 2-0 100- 5 + 200 -6 10 a 500 -0 25 X 1000 -a Confidence Limits - * Upper bound of the 90% confidence interval Precipitation Frequency Estimates (inches) ARI** 5 4944MF] Fhr 2 24 Mhr 4 7 10 20 30 4 5 60 min r Fhr hr F ay day day 11 day day day day I 10.52 0.84 1.05 1.45 1.82 2.14 2.34 3.02 3.90 4.85 5.74 6.42 7.50 8.57 11.37 13.80 17.31 20.57 0.62 0.99 1.26 1.79 2.29 2.69 2.93 3.73 4.81 5.97 7.00 7.71 8.99 10.18 F1-372211 5.80 19.52 22.99 10 0.69 1.11 1.41 2 04 2.65 3.13 3.41 4.34 5.57 6.88 8.01 8.71 10.18 11.45 14.66 17.33 21.16 24.76 25 0.79 1.26 1.60 2.37 3.16 3.75 4.13 5.24 6.67 8.13 9.39 10.09 11.82 13.20 16.56 19.28 23.16 26.87 50 0.87 1.38 1:75 2.64 3.57 4.29 4.76 6.04 7.62 9.15 10.52 11.18 13.13 14.59 18.0012 0.73 24.60 28.38 100 0.94 1.50 1.90 2.91 4.00 4.86 5.44 6.93 8.66 10.21 11.71 12.31 14.49 16.00 19.43 22.13 25.94 29.77 200 1.02 1.62 2.04 3.18 4.47 5.49 6.22]F7 95 9.84 11.34 12.94 13.48 15.91 17.48 20.84 23.49 27.19 31.04 500 1.13 1.78 2.25 3.57 5.12 6.44 7.40 9:51 11.64 12.92 14.71 15.18 17.87 19.50 22.74 25.20 28.71 32.55 1000 1.22 1.91 2.40 3.89 5.68 7.24 8.43 10.90 13.24 14.21 16.14 16.53 19.47 21.10 24.17 26.48 29.79 33.61 "The unner hound of the rnnfidenre interval at MG/ rnnfidenra level is the vahle which M/ of the simulated nlranfi1P valuPS fnr a niven frPniiPnrv are areater than " These precipitation frequency estimates are based on a partial duration series. ARI is the Average Recurrence Interval. Please refer to the documentation for more information. NOTE: Formatting prevents estimates near zero to appear as zero. * Lower bound of the 90% confidence interval Precipitation Frequency Estimates (inches) 11 11 ? 1 I1-i If 11 11 11 --ir-? r- http://hdsc.nws.noaa. gov/cgi-bin/hdsc/buildout. perl?type=pf&series=pd&units=us&statena. 1/17/2006 Precipitation Frequency Data Server i Page 4 of 5 ARI** [41 10 11 15 11 30 11 60 20 13 6 24 48 10 20 30 45 60 mm mm mm min mm hr hur hr hr hr day duay day day day day day 0 0.43 0.69 0.86 1.19 1.50 1.76 1.91 2.51 3.23 4.19 5.05 5.71 6.66 7.59 10.21 12.45 15.81 18.84 0 0.51 0.81 1.03 1.47 1.88 2.20 2.38 3.10 3.98 5.16 6.16 6.86 7.97 9.00 11.86 14.26 17.84 21.08 10 0.57 0.91 1.15 1.67 2.17 2.55 2.77 3.59 4.60 5.93 7.03 7.76 9.02 -- 13.14 15.63 19.32 22.70 25 0.65 1.03 1.31 1.94 2.58 3.05 3.33 4.31 5.47 6.99 8.22 8.97 10.44 11.63 14.80 17.36 21.11 24.64 50 0.70 1.12 1.42 2.14 2.89 3.46 3.81 4.92 6.21 7.84 9.17 9.90 11.56 12.81 16.04 18.64 22.40 25.98 100 0.76 1.21 1.53 2.34 3.23 3.88 4.32 5.59 6.99 8.70 10.15 10.85 12.68 14.00 17.26 19.83 23.55 27.20 200 0.82 1.30 1.64 2.54 3.57 4.35 4.87 6.32 7.83 9.61 11.15 11.80 13.83 15.18 18.43 20.96 24.61 28.28 500 0.89 1.40 1.76 2.81 4.03 5.01 5.69 7.39 9.09 10.85 12.52 13.15 15.36 16.77 19.93 22.38 25.86 29.55 1000 0.94 1.48 1.86 3.01 4.40 5.57 6.38 8.32 10.16 11.83 13.60 14.19 16.56 18.01 21.05 23.40 26.74 30.44 * The lower bound of the confidence interval at 90% confidence level is the value which 5% of the simulated quantile values for a given frequency are less than. These precipitation frequency estimates are based on a partial duration maxima series. ARI is the Average Recurrence Interval. Please refer to the documentation for more information. NOTE: Formatting prevents estimates near zero to appear as zero. Maps - Z Z z a Z - -- 70"W n These maps were produced using a direct map request from the U.S. Census Bureau Mapping and Cartographic Resources Tiger Map Server. Please read disclaimer for more information. Z LEGEND State - Connector `? - County Stream Indian Resv -7,j Military Area Lake/PondjOcean National Park - Street Other Park Expressway City Highway - County 10 12 14 16 $ Z Scale 1:228583 p 2 4 6 8 o km mi *avera?e--true scale depends on monitor resolution http://hdsc.nws.noaa. gov/cgi-binlhdscibuildout.perl?type=pf&series=pd&units=us&statena... 1/17/2006 ' Precipitation Frequency Data Server Page 5 of 5 ' Other Maps/Photographs - View USGS digital orthophoto quadrangle (DOQ) covering this location from TerraServer; USGS Aerial Photograph ' may also be available from this site. A DOQ is a computer-generated image of an aerial photograph in which image displacement caused by terrain relief and camera tilts has been removed. It combines the image characteristics of a photograph with the geometric qualities ' of a map. Visit the National Digital Orthophoto Program (NDOP) for more information. Watershed/Stream Flow Information - Find the Watershed for this location using the U.S. Environmental Protection Agency's site. ' Climate Data Sources - Precipitation frequency results are based on data from a variety of sources, but largely NCDC. The following links provide general information ' about observing sites in the area, regardless of if their data was used in this study. For detailed information about the stations used in this study, please refer to our documentation. . Using the National Climatic Data Center's (NCDC) station search engine, locate other climate stations within: +/730 m`inute's OR +/-1 degree of this location (35.187/-82.210). Digital ASCII data can be obtained t directly from NCDC. Hydrometeorological Design Studies Center DOC/NOAA/National Weather Service 1325 East-West Highway Silver Spring, MD 20910 ' (301) 713-1669 Questions?: HDSC.Questions@noaa.gov Disclaimer http://hdsc.nws.noaa.gov/cgi-binlhdsclbuildout.perl?type=pf&series=pd&units=us&statena... 1/17/2006 n APPENDIX D I NCDWQ SUPPLEMENT FORM CHECKLIST 11 L 1 I March 21, 2006 Bright's Creek Golf Course D Stormwater and Water Quality Report Project No. DWQ DIVISION OF WATER QUALITY 401 EXTENDED DRY DETENTION BASIN WORKSHEET ri DWQ Stormwater Management Plan Review: At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, 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 will substantially delay final review and approval of the project PROJECT INFORMATION (please complete the following information): Project Name: Contact Person: # S Grez k Vu/C Course- . Fork -h-, Phone Number: W61h n7- For projects with multiple basins, specify which basin this worksheet applies to:_ Drainage Area:L-?Lacres Percent Impervious Area: 70 % II. REQUIRED ITEMS CHECKLIST ' The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. Applicants Initials g! A Either capture runoff from 1 yr., 24 hour storm and release over a 48 hour period, or W 14 9 capture runoff from 1 inch storm and draw down over a period of 2 to 5 days. -74 Please provide routing for 1 yr. 24 hr. event or volume from 1 inch rain O o 6 A(' w 4R The basin length to width ratio is greater than 3:1. w /4 The basin side slopes are no steeper than 3:1. A small permanent pool at outlet orifice is provided to reduce clogging. oi-k An emergency drain to completely empty the basin is provided. WA9 Vegetation plan prepared is specified on plans. W Basin to be stabilized within 14 days of construction is specified. _ i A /l. Sediment storage (20% of detention volume) in addition to detention volume is provided.. WWA 1Inlet and outlet erosion control measures to prevent scour are provided. Additional treatment to meet the 85% TSS removal efficiency is provided. W /Z Access for clean-out and maintenance is provided. k/ A/Z Inlet plunge pool or other energy dissipation is provided. IV AR Forebay is provided to capture sediment and minimize clean-out problems. Uncompacted natural soils are utilized to promote vegetation and reduce sedimentation. WAg Seasonal high water table is at least 1 foot below bottom of basin. If used as a temporary sediment basin, plans indicate clean-out prior to final operation. EM:-:::The A site specific operation and maintenance plan with the following provisions is provided. 0&M agreement is signed by the responsible party and notarized. it DWQ Project DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET 1. PROJECT INFORMATION (please complete t e fQIlowim Project Name : sr4h4- ' C roe,)C o1 [' c? far Contact Person: &J;)/ Level Spreader ID: . Level Spreader Length rD ft. Drainage Area i • ac. Impervious Area D . g ac. Maximum Filter Strip/Buffer Slope so % grass Max. Discharge from a 10 Year Storm Max. Discharge to Level Spreader Filter Strip/Buffer Vegetation G S cfs cfs Pre-treatment or Bypass Method II. REQUIRED ITEMS CHECKLIST Pre • I r'r.?.4m& ¢ 10 • yr 2q-hr (thick ground cover or grass, canopied forest with leaf litter groundcover) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement 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 calculations, 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 will substantially delay final review and approval of the project. A licants Initials Se,-- ,ear^t Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. AIIA Pre-Form Scour Holes are on flat slopes only W No structures are located in protected buffers* If bypass method specified in the Draft Level Spreader Design Option Document: N/A Bypass method is specified (if applicable) and plan details and calculations are provided ' /41A _Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. /?/ No structures are located in protected buffers. ' Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement 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 littler cover or on slopes 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. information): nn??11 verse- : X& A4eeAAcer Phone Number: 46y (perpendicular to flow) (on-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)* APPENDIX E I WATER QUALITY SYSTEM LAYOUT AND DESIGN I March 21, 2006 Bright's Creek Golf Course E Stormwater and Water Quality Report Y N,/ / / i s i / X ^ YI vi n m m O C) - r o i , _ O --I CO) 5 N M M _ O Z Q c / / / / / t i i -------------------------------------- \ `,\ \\ - ?`. \ \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ b x 76 ----------- j 1 ?\ x ? N P fi > 4 \ I 0 D J-- m 41, CD 0 D 7 / $ ; z?? Z Ile i rn<z n II . ? m , ; D m ^ ? j N sp cO o r ?? 3? u'Q\ 0 ! 0 • ,?--C ------------- i' ------ -- / t ON \\ 0 rzs ---------- ----------------- ?zs -`? Lyb \\ \ \\ `\\ _----- n r m o z o I I ? ° -Ni O mp 0 > (p m M. 3 <? c m m Il CD (D (D C- N N -I < m m o - D I I II II < y II N •.'? I n N W N .}:• Ln O a N O C m r 3 W m o rt _ omo? o i op c Oo fil 8• 3 7 m D N to t0 - ^j r= F m 2: N vcci _Sm 0 fD 0 ;r LA -9 'Nr0, m -P » m a N I-_ c sa O II _ CD 8m3 rt nn Ln -I '-I ?Z> > MO-0 (D < d I_I-I 3 Cno =N 0 o X I I-I I D m II _ ?o D -< m ?O D TI W ? j 0 z x 00 c? D r m -I <-a rrn> o II I N F100 ?I v ? I TT z N Dm< 0 N I-I M ?y" Sao o ImTI ? II Z PW _ _ =1 ^ va0m m -I I I-I r y; z v I I =1 I I=1 N cn P GW N z z -n z -i ha. 0 z O _ o -I I I_ u3 Q II -q S M N $ Nm I X m RM R. 0 y > 'r Ol U) N m v y lrj Z Sa?l? m (7 m m m y (D m 1> rrt _ rn Z s z 2zC) > m II " Im 0D -? Z co N C. -Z 0 0 z m CO) m o > jm14 z -+ ; to '0 u N N O 2 rn fo I Z m = = m = = m ?I $ ? 2OC ?- Nrl ??lx? N ?F ? .. z v N Dm pig v c a R 14 °: _ -_ -III N m w + A m > w -I rn ? Z o > D m R M II N o z m I m ? $ W N o S ? m IIIIIi I I- ? 0 V ? R M I I I O o III Z .. I III = ? M? ?4 ?1T v p CIO e y CP P W N -? o Co ? _ ?zIA gg q? >IA p M N (p R g u N ? S? n RUN NMI 10 l F n IN 0 WA Z -00-9 . ;u MODO (D CA . . z - V) CID Z m (D ¦ (( ?? 4 p Vl v r M CL y? ?? ^II T -D O > 0 F- ;o .16 m U) - U -, z _? $ ? $'s a m [-{* ). i0 o n to cn P '?8 $ ? ?k j N co to p m nF r K o C ? N 0 S APPENDIX F TERRA AQUA GABION INFORMATION AND INSTALLATION SPECIFICATIONS 1 7 1 I March 21, 2006 Bright's Creek Golf Course F Stormwater and Water Quality Report TERRA AQUA GALVANIZED GABION Scope: This specification data sheet covers the use of galvanized steel double twisted woven ' wire mesh gabion baskets filled with stone and used for various applications including but not limited to retaining walls, mechanically stabilized soil retaining structures, stream bank protection, slope paving, outfall structures, weirs, drop structures, etc... Definition: a) Gabions are defined as double twisted woven wire mesh box shaped baskets, of ' various sizes and dimensions. b) The selvedges of the gabion baskets are the thicker perimeter and edge wires to which the wire mesh is secured as to withstand sudden or gradual stress from any ' direction. c) Reinforcing wires are the thicker wires incorporated into the netting during fabrication. d) The internal diaphragms are the internal wire mesh partitions which divide the ' gabions into cells. e) Lacing or tie wire is used to assemble and join the gabion units. f) Connecting wires are the internal wire used to prevent the gabions from bulging. g) Alternative wire fasteners are ASTM approved wire fasteners used in lieu of lacing wire. Fabrication: Double Twisted Hexagonal steel wire mesh Galvanized Gabions. Gabions shall be ' fabricated in such a manner that the sides, ends, lid and diaphragms can be assembled at the construction site into rectangular baskets of the sizes specified and shown in the drawings. Gabions shall be of single unit construction: the base, lid, ends, and sides ' shall be either woven into a single unit or edge of these members connected to the base section of the gabion in such a manner that strength an flexibility at the connecting point does not compromise the engineered structural design of the gabion. Where the ' length of the gabion exceeds on an one half its horizontal width, the gabion shall be divided by diaphragms of the same mesh and gauge as the body of the gabion, into cells whose length does not exceed the horizontal width. The gabion shall be furnished with the necessary diaphragms secured in proper position on the base in such a manner that no additional tying is required at this juncture. r- I H F 0 P_J Mesh Formation: The double twisted hexagonal wire mesh shall have deformability sufficient to permit minimum of mesh elongation equivalent to 10% of the unstretched length of the mesh test section without reducing the gauge or the tensile strength of the individual wire strands to values less than those for similar wire, one gauge smaller in diameter. Non-Raveling: The double twisted hexagonal wire mesh is to be fabricated in such a manner as to be . non raveling. This is defined as the ability to resist pulling apart at any of the twists or connections forming the mesh when a single wire strand in a section of mesh is cut or broken. Gabion fill: The stone fill material used for filling the gabion units shall be clean, hard stone with pieces ranging from 4 - 8 inches on the greatest dimensions. Stone filling shall not exceed 24 inch vertical drop above the gabion basket. All effort shall be made to ensure that the stone fill material utilized in the design of the structure match the stone fill used in constructing the gabion structure. Assembling and placing: a) Each gabion unit shall be assembled by tying or fastening all connecting seams. The binding wire shall be tightly looped around every other mesh opening along the seams in such a manner that single and double loops are alternated. An alternative wire ,fasteners may be used in lieu of lacing wire. The alternative wire fasteners shall be applied at approximately 4" - 6" intervals on all vertical and horizontal seams. No less than 3 fasteners per one foot on any given seam. b) A line of empty gabions, shall be placed into position according to the contract drawings. Binding wire or alternative wire fasteners shall be used to secure each unit to the adjoining one along the vertical reinforced edges and the top selvedges. An approved corner closure tool shall be used to adjoin adjacent gabions to insure a' tight, neat seam and minimize gabion wired or fastened to the latter at front and back. The lid shall be secured with an approved closure tool to insure proper closure without excessive mesh deformation. c) To achieve optimum alignment and finish for retaining walls, a minimum amount of stretching may be required. d) Connecting wire shall be inserted during the filling operation as follows: The connecting wires shall be installed according to manufacturers instructions every 1' vertical lift of the gabion unit. Page 2 Terra Aqua Gabion Unit Standard Sizes: Custom Jumbo Sizes Available Gabion unit siz Capacity Cubic Yards No. of Internal Cells 6x3x3 2 2 9x3x3 3 3 12x3x3 4 4 6x3xl.5 1 2 9x3xl.5 1.5 3 12x3x1.5 2 4 6x3xl .666 2 9x3xl 1 3 12x3x1 1.33 4 TOLERANCES: All gabion dimensions shall be within a tolerance limit of plus or minus 5% of the manufacturers stated dimensions. Minimum Strength requirements of Terra Aqua Double Twisted Mesh Gabions Test Descrintion Galvanize&Galfan Gabion Pvc Coated Gabion Tensile strength of wire mesh parallel to twist 3500 Ibs/ft 2900 Ibs/ft Tensile strength of wire mesh perpendicular to twist 1800 Ibs/ft 1400 Ibs/ft Connection to selvedges 1400 Ibs/ft 1200 Ibs/ft Panel to Panel 1400 Ibs/ft 1200 Ibs/ft Punch strength of mesh 6000 Ibs/ft 5300 Ibs/ft Page 3 1 77 L 0 Material data: -diameter-of mesh wire: 0.120 inches -diameter of selvedge wire: 0.153 inches -diameter of lacing wire: 0.091 inches -coating of wire: finish 5 class 3 zinc coating- ASTM A-641 tested in accordance with ASTM A370-92. -tensile of wire: soft temper in accordance with ASTM A641-92. -weight of zinc coating of wire: shall be determined by ASTM A-90 -wire diameter of 0.120 inches shall have a weight of zinc coating of: 0.85 oz/sf -wire diameter of 0.153 inches shall have a weight of zinc coating of: 0.90 oz/sf -wire diameter of 0.091 inches shall have a weight of zinc coating of: 0.80 oz/sf -grade of zinc coating of wire: high grade or special high grade in accordance with ASTM B-6, Table 1 -uniformity of coating: shall be determined by ASTM A-239 -Elongation: not less than 12% in accordance with ASTM A370-92. All of the above wire diameters are subject to a tolerance limit of 0.004 in accordance with ASTM A-641. All Terra Aqua Gabion material is manufactured according to ASTM A975-97 guidelines for Double Twisted Hexagonal Mesh Gabions. ASTM A975-97 TERRA AQUA GABIONS, INC. 1415 N. 32ND STREET FORT SMITH AR 72904 479-785-5344 Page 4 March 21, 2006 APPENDIX G IDEAL MODEL OUTPUT Bright's Creek Golf Course Stormwater and Water Quality Report G O c? E J w 0 O lQ a+ LL _ 3. O r c a S E C d co 120 0 E 0 d c?a 'O V ? Y . V a 4) s ` '0 E O CL m co M (D V d a U) v C O a C r- O O aP O +r D F? 0 ?v L Q, a a C L L U. m a d .a - 4-0 cn V >EU 7 a o O N o i N Y, a :91 - ` Or 1 co c A c + ?- , o o ? ?o E a? a? CL E 0 U C m N Y N N U s rn 00 J w 0 O J w 0 rn 0 E a? T N CL O U d E" 3 16 ' O W 0 LL 0 Z a r 4 ' .. W O >9 CL = } L oo O Z °' N >+ o Y ?O?W d ? re .6 Q W = Q W O 9 d `2 °- z 40 J m 4- >a c Z>p Y = 'o w d m W N o • ? ? o ++ C c 41 v L m p a ?p te = 4) N V5 Cl) c) c c o ;2 p g o ?- c N s U c H o 0 Q Z U m N Q Q C Q U) 3 W o o ? o Z 0 Q i a a i m m a s Q o CL F - o o a 1 1 O E d ? C ? a E V/ L V ? E Y = i V L N ?. L Q1 ? •L L W Q ca rn . 0 E a? T N N a E 0 U 0 Y N N U t rn co J W 0 0 J W O t? o ?E/ •? Li. O c ? ? as ? a d ? L N V ? V ? Y ? L V L N ? L E m p co aroi N C O v M M C M M O M Q C M Q O E U) Y to N OI M W) N ? o o + W OO ? m O w t` ti O O m 0 ? h 11 V 3 c V ? Y ? 11 E Co c a C ? d 3 6 4. O O ? N N = N c E ? ? c O Q N C N 0 ? U c llu- ro U ro N 16 E Z Z_- JEW q1 C E /0 m E m O r ? O r E Q E ^^ 1 o N ? E rn ro N E to N N ? ? (6 ro . ro O c o p, o ? o ro o U 0 o c ? 0 V V E E U k 0 O Q . E 7 U) -S (a vi E 7 C d O C ? C 0 0) E N t C Q r c a ro c ? t a _ ro ? ro '1 o 'Z U) m ° a o a) w 15 o p ? ° o 2 2 ° o t CL z a z z a m z:= a. Co as ? E o' O N c rn co E w fn w N a E 0 U N O Y N U z rn m J W 0 O 2 J L] ? O . _ E LL _ a?+ ? O . c E ei O N ++ L 0 _ a E 1 O d Y = N L V L d N ? 1 t m O N 17 rn n E a? a? Q. E 0 U n N N U t rn co J w n O J w 0 11 1 fl o E U. d = C C C 0. C E •? d ? N N ? L y O V ? C? t?f Y C L V L N ? t tm E •ML L LU U) C MM 0 E T N N CL E 0 U c rn .N a? 0 Y N U ,N rn co J W 0 O 2 QJ W I J 0 E U. G1 = C ? O a c E L co 0 V C d E O .Y C L V L .L L LU p AW co c rn 0 E a? CO a? a E 0 U C LM 0 Y N N U ?n r m m J W O O 2 J W 0 Lam'' 1 1 1 IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Watershed Characteristics Area and Land Use Total Area ac 1.4 Pervious Area All Three Percentages Must Add to 100 30.7 Impervious Area Not Connected to Drainage Channels % 69.2 Impervious Area Connected to Drains a Channels % 0.1 Hydrologic Information Precipitation Tables to be used Woodruff Soil Information Soil Series Name Cecil Soil Classification i.e., clay loam, silt loam, etc Sand Clay Loam Land Use B listed Categories) Pervious Area B listed Categories) lawn (good) Impervious Area Not Con. To Drainage Ch Parking, Storage Facility Impervious Area Con. To Drainage Ch sidewalk Hydrologic Soil Groups of Pervious Area A, B C, or D B Curve Numbers CN for AMC 11 Pervious Area 69.0 Impervious Area Not Con. To Drainage Ch 98.0 Impervious Area Connected to Drainage Ch 98.0 Combined CN AMC II for Pervious Areas and Imp Area Not Con 89.1 Area Weighted CN AMC II for all Watersheds 89.1 Time of Concentrations Combined Pervious and Imp. Areas Not Connected to Drain hr 0.1 Im ervious Areas Connected to Drainage Channel hr 0.1 Area Weighted t? Value 0.1 Runoff and Peak Discharges Avg Storm Annual Storm Total Annual Average Annual Single Storm Rainfall in 0.6362 4.0000 47.08 Flow From Watershed to BMP's If BMPs are Specified) Q ac-ft 0.0147 0.2583 1.09 Q in 0.1259 2.2144 9.32 -- q s 0.2676 6.0087 Fraction of Rainfall That Becomes Runoff 0.1979 0.5536 0.20 Volume of Rainfall on the Filters ifspecified) (acft) 0.0365 0.2296 2.70 Volume of Water Infiltrated in VFS ifspecified) ac-ft 0.0035 0.0111 0.26 Flow From VFS Into Pond (If VFS is Specified) Q ac-ft 0.0477 0.4768 3.53 Q in 0.4092 4.0869 30.28 q cs Flow From Pond If Pond is Specified) q s 0.5440 Peak Stage ft 3.8898 6.9241 Fraction of Runoff in Per Pool 0.0018 0.0002 Avg gp.1gp curb 0.6968 0.9097 IDEAL MODEL Bright's creek Design Completet System n 1 0 t IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Sediment Loading and Trapping Avg Storm Annual Storm Total Annual Watershed Yield Avg Storm Annual Storm Total Annual Total TSS Yield From Watershed Into VFS or Drain Ibs 20.78 1538.08 1538.08 Average Concentration (mg/1) 520.58 520.58 520.58 Clay Sized Particles Ibs 2.41 50.52 178.14 Settleable Nitrogen Ibs 0.03 0.68 2.39 Settleable Phosphorus Ibs 0.01 0.14 0.51 Active Fraction (clay) Ibs 2.37 49.70 175.24 Trapping in Vegetative Filter Strips If Specified) Specified for Impervious Areas Directly Connected to Drain and Type Grass es Woods, good condition Specified for Pervious Areas and Impervious Areas Not Connected to Drains and Type Grass es 1 Material Trapped TSS Ibs 17.0654 281.7602 1262.84 Clay Sized Particles Ibs 1.1517 8.1712 85.2279 Settleable Nitrogen Ibs 0.0155 0.1097 1.1455 Settleable Phosphorus Ibs 0.0033 0.0233 0.2434 Active Fraction (clay) Ibs 1.1330 8.0382 83.84 Trapping Efficiency SS 0.8211 0.1832 0.8211 Material Discharged TSS Ibs 3.7195 154.6272 275.24 Conc Total Solids (mg/1) 28.6599 119.3092 28.66 Clay Sized Particles Ibs 1.2556 42.3467 92.9129 Settleable Nitrogen Ibs 0.0169 0.5685 1.2473 Settleable Phosphorus Ibs 0.0036 0.1208 0.2650 Active Fraction (clay) Ibs 1.2351 41.6573 91.40 Trapping in Pond - D Detention/Stormflow Pond Specified and Type Detention Pond Specified DRY Total Sediment Trapped Ibs 1.5977 71.6370 118.23 Clay Sized Particles Ibs 0.1974 3.1488 14.6098 Settleable Nitrogen Ibs 0.0026 0.0423 0.1961 Settleable Phosphorus Ibs 0.0026 0.0423 0.1961 Active Fraction (clay) Ibs 0.1942 3.0976 14.3720 Total Sediment Discharged Ibs 2.1218 82.9902 157.0118 Clay Sized Particles Ibs 1.0582 39.1978 78.3031 Settleable Nitrogen Ibs 0.0142 0.5263 1.0512 Settleable Phosphorus Ibs 0.0030 0.1118 0.2233 Active Fraction (clay) Ibs 1.0409 38.5597 77.0285 Trapping Efficiency Total Sed 0.4295 0.4633 0.4295 Trapping Efficiency Active Fraction 0.1572 0.0744 0.1572 Trapping in Pond - Wet Detention D Detention Pond S ecified Total Sediment Trapped Ibs - ---- Clay Sized Particles Ibs Settleable Nitrogen Ibs Settleable Phosphorus Ibs Active Fraction (clay) Ibs ---- Trapping Efficiency (Total Sed Trapping Efficienc Active Fraction Total Sediment Discharged Ibs ---- Clay Sized Particles Ibs - Settleable Nitrogen Ibs ---- - Settleable Phosphorus Ibs --- Active Fraction (clay) Ibs Trapping Efficiency Between Storms for TSS - ---- Clay Sized Particles Ibs Settleable Nitrogen Ibs Settleable Phosphorus Ibs Active Fraction (clay) (Ibs) ---- - IDEAL MODEL Bright's creek Design Completet System 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Pollutant Loading and Trapping Avg Storm Annual Storm Total Annual Vegetative Filter Strips Specified Filter Specified for Concted Imp. Area and Per. Area Pond Specified and type pond D Detention Pond S ecified D Detention Stormwater Flow if Wet Detention Specified) & VFS Nitrogen Avg Storm Annual Storm Total Annual From Watershed Ibs 0.0751 0.6419 5.55 From Watershed (mg/1) 1.8800 0.9194 1.88 From Filter ifspecified) Ibs 0.0596 0.6419 4.41 From Filter ifspecified) m /I 1.4924 0.4890 0.46 Discharged from Pond ifspecified) Ibs 0.0569 0.6419 4.21 Discharged from Pond ifspecified) m /I 0.4387 0.4889 0.44 Fraction Trapped VFS ifspecified) 0.2062 0.0000 0.21 Fraction Trapped D Detention Pond ifspecified) 0.0445 0.0001 0.04 Fraction Trapped D Detention Pond + VFS ifspecified) 0.2415 0.0001 0.24 Phosphorus From Watershed Ibs 0.0160 1.8876 . 1.18 From Watershed (mg/1) 0.4000 0.4000 0.40 From Filter ifspecified) Ibs 0.0127 0.2576 0.94 From Filter ifspecified) (mg/1) 0.3177 0.1955 0.10 Discharged from Pond ifspecified) Ibs 0.0121 0.2485 0.90 Discharged from Pond ifspecified) m /I 0.0934 0.1886 0.09 Fraction Trapped VFS ifspecified) 0.2058 0.8635 0.21 Fraction Trapped D Detention Pond ifspecified) 0.0447 0.0351 0.04 Fraction Trapped D Detention Pond + VFS ifspecified) 0.2413 0.8683 0.24 Bacterial Indicator From Watershed number 2.7181 E+09 4.7805E+10 2.0114E+11 From Watershed number/100ml 1.5000E+04 1.5011E+04 15000.00 From Filter ifspecified) Number 2.4547E+09 4.7805E+10 1.8165E+11 From Filter ifspecified) number/100m1 1.3547E+04 8.0019E+03 4167.66 Discharged from Pond ifspecified) number 1.0320E+09 2.7743E+10 7.6367E+10 Discharged from Pond ifspecified) number/100ml 1.7521E+03 4.6947E+03 1752.11 Fraction Trapped VFS ifspecified) 0.0969 0.0000 0.10 Fraction Trapped D Detention Pond ifspecified) 0.5796 0.4197 0.58 Fraction Trapped D Detention Pond + VFS ifspecified) 0.6203 0.4197 0.62 NOTE. CALCULATIONS FOR FILTER STRIPS DO NOT CONSIDER BACTERIAL GROWTH IN DEPOSITED SEDIMENT OR REMOBILIZATION OF NUTRIENTS FROM DEPOSITED SEDIMENTS OR DECAYING VEGETATION IDEAL MODEL Bright's creek Design Completet System i IDEAL MODEL OUTPUT Version 1.6 (8-21-02) BrighVs Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Wet Detention Avg Storm Annual Storm Total Annual Pond Specified and type detention (wet/dry) D Detention Specifi ed Sediment TSS From Watershed Ibs 3.7195 275.24 Discharged from Pond Ibs 3.7195 275.24 TSS Trapped Ibs 0.0000 0.00 Active Fraction Clay From Watershed Ibs 1.2351 91.40 . Discharged from Pond Ibs 1.0409 77.03 Active Fraction Trapped Ibs 0.0000 0.0000 Trapping Efficient for Active Fraction 0.0000 0.0000 Nitrogen From Watershed Ibs 0.0596 4.41 Mass Absorbed on Active Phase Ibs 0.0000. 0.0015 Mass Trapped Ibs 0.0027 0.20 Discharged from Pond Ibs 0.0569 4.21 Average Concentration in Pond Discharge (mg/1) 0.4387 0.4387 Trapping Efficiency 0.0445 0.0445 Phosphorus From Watershed Ibs 0.0127 0.94 Mass Absorbed on Active Phase Ibs 0.0000 0.0019 Mass Trapped Ibs 0.0006 0.04 Discharged from Pond Ibs 0.0121 0.90 Average Concentration in Pond Discharge m /I 0.0934 0.0934 Tripping Efficient 0.0447 0.0447 Bacteria! Indicator From Watershed Number 2.4547E+09 1.8165E+11 Number Trapped During Storm Flow 1.4228E+09 1.0528E+11 Number Discharged During Storm Flow Neglecting Permanent Pool 1.0320E+09 7.64E+10 Absorbed on Active Phase at End of Storm Flow Number 3.7683E+09 0.0000 Potential Number Trapped b Settling Between Storms 0.0000E+00 Potential Number Killed b Natural Mortality Between Storms 0.0000E+00 Potential Number Killed b Light Penetration Between Storms 0.0000E+00 Total Trapped Between Storms number 0.0000E+00 Reduction in Number Discharged from Pond During Storm Flow Due t 0.0000E+00 Total Number Trapped number 1.4228E+09 1.0528E+11 Total Number Discharged number 1.0320E+09 7.6367E+10 Average Concentration in Pond Discharge number/100m1 1752.1070 1752.1070 Trapping Efficiency 0.5796 0.5796 NOTE. CALCULATIONS FOR WET DETENTION DO NOT CONSIDER BACTERIAL GROWTH IN DEPOSITED SEDIMENT OR REMOBILIZATION OF NUTRIENTS FROM DEPOSITED SEDIMENTS OR DECAYING VEGETATION IDEAL MODEL Bright's creek Design Completet System 1 1 1 1 1 1 O E w a ca O d N ? U. d O V = o r o. d c aEi O N O E w ? O C7 c=a ? L V ? V N ca ca .O d {F. V d CL V O IL ^ A 0 0 O ? CL p o C' .a; d N d - LL Z L 0 10 ti Q. 10 0) ' i 0-0 1 O 1 1 1 oi 1 1 r o ap i i 00 r< a U ti k Q Itz c Q y ?j c a w a 1 ? 1 o ° ?a a c O v c 0 a 0 C Y N N U rn m J W 0 O J Q w 0 1 1 1 1 1 1 1 1 1 1 1 1 1 W Z' O - E ' . U. Z 4)? Z O ? .?. co m ,., W r o Cj) > a e 9 c ; w co 0 co r C V G d = C O vim W V . C W 2 • o- La 5 W a O Z> c a w w a W W H w ° o o A o •L c w m O 140 Q ° U c co h. 2 .s a? 4; 0 C o C ^ v Q V Q U L U c o 0 < z (L) m v 1° co Q (ai Q a C v a i a` ? ? J Q 7 Z O Q 3 CL a E Q E C O v c 0 CL c rn a? 0 Y N N U ?n t rn m J W 0 O 2 QJ W U- r Q ?a c E ? CD ? N d ? L ca 7 C V ? Y C 0) M i V L •i' L 0o p co T C O C O d 0 Y N U t m m J W O Q? W t a?'+ O E U. d = V r C C O a E H y ++ L C O O N CU L V L N N L E m 42 m o M M M M IA to t M M met er 0 0 c o fA Of G1 C0 0 O O Y M o ' t - V n E 0 0 m c 0 E N n V c U Y ? ? ?I N co ? w m CL y ` v. o o h M c d E 0 v Q ? N o C 0 U C 2 0 Z C m E m E N O O o Q O E y j E N m E 0 y N ? Z C c6 10 C f6 rn 0 4) ? ° fl o o o . E N U U ¢ .o a c 0 0 U co f6 c 0 m C E N U p 4. 0 N U 0 Q cm E j (o C N a E C y p C U) 0' = Q - s =0 p c L m p , fl C N 0 a t" ° N m Q y Z 0 ° =s O O U 2 O U a H Z aa.. ? Z a m z = a- a? ? E a o H O a c 0 a c rn N Y d U N t rn m J W 0 O w 0 t .?' O E d ? v ? O _ E ? y m ? N N L V ? C L V A. d N ? s? r? ? •Mi' L W 0 co T C O C O a z 0 m 0 Y N N U L m m J W O QJ Ltl t? .?' O E d = C c O .? G. C E ? d d N N ? L 0 C V ? ?E rO V Y ? 02 V L E •ML L W 0 4.0 co O 0 d D m 0 Y N N U L m co J W D O J4 W 0 L 1 I t E Q? C C c E ? as ? N L v/ 0 C V ? CD V j 02 V L W ? s? .L L E LU co T C O C O 0.. 0 0 Y N N U N L 01 co J W C) O 2 QJ W D IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Watershed Characteristics Area and Land Use Total Area ac 1.4 Pervious Area All Three Percentages Must Add to 100 30.7 % Impervious Area Not Connected to Drainage Channels % 69.2 Impervious Area Connected to Drainage Channels % 0.1 Hydrologic Information Precipitation Tables to be used Woodruff Soil Information Soil Series Name Cecil Soil Classification i.e., clay loam, silt loam, etc Sand Cla Loam Land Use B listed Categories) Pervious Area B listed Categories) lawn (good) Impervious Area Not Con. To Drainage Ch Parking, Storage Facility Impervious Area Con. To Drainage Ch sidewalk Hydrologic Soil Groups of Pervious Area A, B, C, or D B Curve Numbers CN for AMC II Pervious Area 69.0 Impervious Area Not Con. To Drainage Ch 98.0 Impervious Area Connected to Drainage Ch 98.0 Combined CN AMC II for Pervious Areas and Imp Area Not Con 89.1 Area Weighted CN AMC II for all Watersheds 89.1 Time of Concentrations Combined Pervious and Imp. Areas Not Connected to Drain hr 0.1 Impervious Areas Connected to Drainage Channel hr 0.1 Area Weighted t Value 0.1 Runoff and Peak Discharges Avg Storm Annual Storm Total Annual Average Annual Single Storm Rainfall in 0.6362 4.0000 47.08 Flow From Watershed to BMP's If BMPs are Specified) Q ac-ft 0.0147 0.2583 1.09 Q in 0.1259 2.2144 9.32 q cs 0.2676 5.0087 Fraction of Rainfall That Becomes Runoff 0.1979 0.5536 0.20 Volume of Rainfall on the Filters ifspecified) ac-ft 0.0365 0.2296 2.70 Volume of Water Infiltrated in VFS ifspecified) ac-ft 0.0000 0.0000 0.00 Flow From VFS Into Pond (if VFS is Specified) VFS not specified Q ac-ft ---- ---- ---- Q in - q s - Flow From Pond If Pond is Specified) q s 0.1716 4.2220 Peak Stage ft 2.0835 6.7609 Fraction of Runoff in Per Pool 0.0057 0.0003 Avg qp lgpi.Wib 0.6413 0.8429 I IDEAL MODEL Bright's creek Design Dry Pond Only it Ll IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Sediment Loading and Trapping Avg Storm Annual Storm Total Annual Watershed Yield Avg Storm Annual Storm Total Annual Total TSS Yield From Watershed Into VFS or Drain Ibs 20.78 1538.08 1538.08 Average Concentration (mg/1) 520.58 520.58 520.58 Clay Sized Particles Ibs 2.41 50.52 178.14 Settleable Nitrogen Ibs 0.03 0.68 2.39 Settleable Phosphorus Ibs 0.01 0.14 0.51 Active Fraction (clay) Ibs 2.37 49.70 175.24 Trapping in Vegetative Filter Strips If Specified) Specified for Impervious Areas Directly Connected to Drain and Type Grass no Specified for Pervious Areas and Impervious Areas Not Connected to Drains and Type Grass no Material Trapped TSS Ibs Clay Sized Particles Ibs - - ---- Settleable Nitrogen Ibs Settleable Phosphorus Ibs ---- ---- ---- Active Fraction (clay) Ibs Trapping Efficiency SS ---- ---- --- Material Discharged TSS Ibs ---- ---- Conc Total Solids (mg/1) ---- ---- ---- Clay Sized Particles Ibs ---- ---- --- Settleable Nitrogen Ibs -- ---- Settleable Phosphorus Ibs --- ---- Active Fraction (clay) Ibs ---- ---- ---- Trapping in Pond - D Detention/Stormflow Pond Specified and Type Detention Pond Specified DRY Total Sediment Trapped Ibs 18.4678 351.3104 1366.62 Clay Sized Particles Ibs 1.0575 6.1169 78.2543 Settleable Nitrogen Ibs 0.0142 0.0821 1.0503 Settleable Phosphorus Ibs 0.0142 0.0821 1.0503 Active Fraction (clay) Ibs 1.0403 6.0173 76.9809 Total Sediment Discharged Ibs 2.3170 85.0770 171.4615 Clay Sized Particles Ibs 1.3498 44.4010 99.8865 Settleable Nitro en Ibs 0.0181 0.5961 1.3425 Settleable Phosphorus Ibs 0.0039 0.1267 0.2852 Active Fraction (clay) Ibs 1.3278 43.6782 98.2588 Trapping Efficiency otal Sed 0.8885 0.8050 0.8885 Trapping Efficiency Active Fraction 0.4393 0.1211 0.4393 Trapping in Pond - Wet Detention D Detention Pond S ecified Total Sediment Trapped (lbs) Clay Sized Particles Ibs Settleable Nitrogen Ibs Settleable Phosphorus (lbs) Active Fraction (clay) Ibs ---- Trapping Efficiency Total Sed Trapping Efficiency Active Fraction Total Sediment Discharged Ibs Clay Sized Particles Ibs Settleable Nitrogen Ibs ---- Settleable Phosphorus (lbs) Active Fraction (clay) Ibs ---- - Trapping Efficiency Between Storms for TSS ---- ---- Clay Sized Particles Ibs -- ---- Settleable Nitrogen Ibs Settleable Phosphorus (lbs) Active Fraction (clay) (Ibs) IDEAL MODEL Bright's creek Design Dry Pond Only h, t IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Pollutant Loading and Trapping Avg Storm Annual Storm Total Annual Vegetative Filter Strips Specified No Filter S ecified Pond Specified and type and D Detention Pond S ecitiried D Detention Stormwater Flow if Wet Detention S ecified & VFS Nitrogen Avg Storm Annual Storm Total Annual From Watershed Ibs 0.0751 0.6419 5.55 From Watershed (mg/1) 1.8800 0.9194 1.88 From Filter ifspecified) Ibs --- "" --- From Filter ifspecified) (mg/1) -- --- Discharged from Pond ifspecified) Ibs 0.0608 0.6418 4.50 Discharged from Pond ifspecified) (mg/1) 1.5236 0.9191 1.52 Fraction Trapped VFS ifspecified) --- --- Fraction Trapped D Detention Pond ifspecified) 0.1896 0.0003 0.19 Fraction Trapped D Detention Pond + VFS ifspecified) 0.1896 0.0003 0.19 Phosphorus - From Watershed Ibs 0.0160 1.9523 1.18 From Watershed (mg/1) 0.4000 0.4000 0.40 From Filter ifspecified) Ibs - From Filter ifspecified) m /1 --- ---- Discharged from Pond ifspecified) Ibs 0.0129 0.2632 0.96 Discharged from Pond ifspecified) m /I 0.3233 0.3734 0.32 Fraction Trapped VFS ifspecified) ---- ---- ---- Fraction Trapped D Detention Pond ifspecified) 0.1917 0.0629 0.19 Fraction Trapped D Detention Pond + VFS ifspecified) 0.1917 0.8652 0.19 Bacterial Indicator From Watershed number 2.7181E+09 4.7805E+10 2.0114E+11 From Watershed number/100m1 1.5000E+04 1.5011 E+04 15000.00 From Filter ifspecified) Number ---- -_- --- From Filter ifspecified) number/100ml - -- Discharged from Pond ifspecified) number 7.5895E+08 2.8616E+10 5.6162E+10 Discharged from Pond ifspecified) number/100m1 4.1884E+03 9.1588E+03 4188.39 Fraction Trapped VFS ifs ecified -? Fraction Trapped D Detention Pond ifspecified) 0.7208 0.4014 0.72 Fraction Trapped Dry' Detention Pond + VFS if.s ecified 0.7208 0.4014 0.72 NOTE. CALCULATIONS FOR FILTER STRIPS DO NOT CONSIDER BACTERIAL GROWTH IN DEPOSITED SEDIMENT OR REMOBILIZATION OF NUTRIENTS FROM DEPOSITED SEDIMENTS OR DECAYING VEGETATION I IDEAL MODEL Bright's creek Design Dry Pond Only t i E n IDEAL MODEL OUTPUT Version. 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Wet Detention Avg Storm Annual Storm Total Annual Pond Specified and type detention (wet/dry) Dr V Detention S eCifi ed Sediment TSS From Watershed Ibs 20.7849 1538.08 Discharged from Pond Ibs 20.7849 1538.08 TSS Trapped Ibs 0.0000 0.00 Active Fraction Clay From Watershed Ibs 2.3681 175.24 Discharged from Pond Ibs 1.3278 98.26 Active Fraction Trapped Ibs 0.0000 0.0000 Trapping Efficiency for Active Fraction 0.0000 0.0000 Nitrogen From Watershed Ibs 0.0751 5.55 Mass Absorbed on Active Phase Ibs 0.0001 0.0059 Mass Trapped Ibs 0.0142 1.05 Discharged from Pond Ibs 0.0608 4.50 Average Concentration in Pond Discharge (mg/1) 1.5236 1.5236 Trapping Efficient 0.1896 0.1896 Phosphorus From Watershed Ibs 0.0160 1.18 Mass Absorbed on Active Phase Ibs 0.0001 0.0074 Mass Trapped Ibs 0.0031 0.23 Discharged from Pond Ibs 0.0129 0.96 Average Concentration in Pond Discharge (mg/1) 0.3233 0.3233 Trapping Efficiency 0.1917 0.1917 Bacterial Indicator From Watershed Number 2.7181E+09 2.0114E+11 Number Trapped During Storm Flow 1.9591 E+09 1.4497E+11 Number Discharged During Storm Flow Neglecting Permanent Pool 7.5895E+08 5.62E+10 Absorbed on Active Phase at End of Storm Flow Number 2.7209E+09 0.0000 Potential Number Trapped b Settling Between Storms 0.0000E+00 Potential Number Killed b Natural Mortality Between Storms 0.0000E+00 Potential Number Killed b Light Penetration Between Storms 0.0000E+00 Total Tra ed Between Storms number 0.0000E+00 Reduction iri Number Discharged from Pond During Storm Flow Due 0.0000E+00 Total Number Trapped number 1.9591E+09 1.4497E+11 Total Number Discharged number 7.5895E+08 5.6162E+10 Average Concentration in Pond Discharge number/100m1 4188.3922 4188.3922 Trapping Efficient 0.7208 0.7208 NOTE. CALCULATIONS FOR WET DETENTION DO NOT CONSIDER BACTERIAL GROWTH IN DEPOSITED SEDIMENT OR REMOBILIZATION OF NUTRIENTS FROM DEPOSITED SEDIMENTS OR DECAYING VEGETATION IDEAL MODEL Bright's creek Design Dry Pond Only 1 1 1 i 1 1 1 1 1 1 1 1 1 1 i 1 1^ CL E E / a Cl O CU r LL d ? C G c m c aEi G ? co o E V m ,0 V 4 L V t E ? L CL m n d d a co V C O ? a 0 0 CL o Q c? L Q CL a L L U- m a E CO L emu. U N' to N i.. W C, f' N 0 co i Qc+ c o o ? C a? Q) "0 o ? L a a :1 c O m c m cu CL of c rn N U rn m` J w 0 O J w 0 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 w O E w Z LL O z V = cn c? W N W a ? 4 J > c ? _ _ ,. w N CD ci C CC ~ +' L co 81 J (,? r o^ p C Q W C a V c w J J •O w- E W W 2 L ? W N ? ? d ? J Q Im • E L W 0 .` // 0 'D Q N 7 O ,-o H o Q z a? ?Q m Q U) co 7 2 o Z Q n ;° a 0 0 0 F- o 0 T c O 3 m c f6 a c rn 0 Y N N N L m co J w 0 O Q w 0 n 11 t Z? o _E ILL? C r =o _E ? N N L y V ? Y C L V L s? m p 4a co O m a a? 0 Y N N U r rn m J W O J W i ' O E LL CD C C C L Co a O = L E 0 _ je C 0-2 L V ? q1 ? tm E m p co d 61 O y M M co co E N N N N t W 0 0 0 0 o C `- CD G Y N co o V W - r; 0 o_ m c 0 E N II V 3 C V Y ? co II C ? O ? a m ? O y ro t N 'Q c 4 c ? w V c 0 Q N O 0 G 0 O C N C O O U •L E ° z d m E °o Oft E 00 a 'E* Q E a E O [ 14 O 0( a O y c o E ^ ? . U _ o l?¢p E V N rn E O V N U V N U Q c E E c ; o c to ` cr, C L L Q C l4 _ ?p c 0 ro Z :3 o gi , aa? o m Qa? rn C . L cm (/1 0 O N p - 0 U E O U CL cr 2 CL ? zaL.m 4) z C L C I) E a 0 T C O 7 co ro ro a c rn D Y N U N t rn m J W 0 O 2 JQ W D J t 1 t O E LL d C G ? O .?., a c E •? as d N Cf) L O V ? /O V ?i N L s? •co E m O N O 3 m C f6 a C 0 Y N N U y t m J w 0 O J w D t t 1 t 1 1 U- r ?o °' a c E ?4) N CO V CD E 0 C7 t0 ,C = ice.. V L d m 0 yid T c O m Q 0 U ?n m m J W 0 O 2 QJ LiJ 1 1 1 J IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Sediment Loading and Trapping Avg Storm Annual Storm Total Annual Watershed Yield Avg Storm Annual Storm Total Annual Total TSS Yield From Watershed Into VFS or Drain Ibs 20.78 1538.08 1538.08 Average Concentration m /I 520.58 520.58 520.58 Clay Sized Particles Ibs 2.41 50.52 178.14 Settleable Nitrogen Ibs 0.03 0.68 2.39 Settleable Phosphorus Ibs 0.01 0.14 0.51 Active Fraction (clay) Ibs 2.37 49.70 175.24 Trapping in Vegetative Filter Ships (if Specirted) Specified for Impervious Areas Directly Connected to Drain and Type Grass eS Woods, good condition Specified for Pervious Areas and Impervious Areas Not Connected to Drains and Type Grass es 1 Material Trapped TSS Ibs 17.0654 281.7602 1262.84 Clay Sized Particles Ibs 1.1517 8.1712 85.2279 Settleable Nitrogen Ibs 0.0155 0.1097 1.1455 Settleable Phosphorus Ibs 0.0033 0.0233 0.2434 Active Fraction (clay) Ibs 1.1330 8.0382 83.84 Trapping Efficient TSS 0.8211 0.1832 0.8211 Material Discharged TSS Ibs 3.7195 154.6272 275.24 Conc Total Solids (mg/1) 28.6599 119.3092 28.66 Clay Sized Particles Ibs 1.2556 42.3467 92.9129 Settleable Nitrogen Ibs 0.0169 0.5685 1.2473 Settleable Phosphorus Ibs 0.0036 0.1208 0.2650 Active Fraction (clay) Ibs 1.2351 41.6573 91.40 Trapping in Pond - D Detention/Stormflow Pond Specified and Type Detention No Pond Specified Total Sediment Trapped Ibs ----- ----- ----- Clay Sized Particles Ibs ----- ----- ----- Settleable Nitrogen Ibs - - Settleable Phosphorus Ibs ----- ----- - Active Fraction (clay) Ibs ----- - ----- Total Sediment Dischar ed Ibs ----- ----- Clay Sized Particles Ibs - Settleable Nitrogen Ibs ----- ----- ----- Settleable Phosphorus Ibs ----- - - Active Fraction (clay) Ibs --- ----- Trapping Efficient Total Sed ----- ----- ----- Trapping Efficient Active Fraction ----- ----- ----- Trapping in Pond - Wet Detention No Pond Specified Total Sediment Trapped Ibs ---- ---- Clay Sized Particles Ibs - Settleable Nitrogen Ibs Settleable Phosphorus Ibs ---- Active Fraction (clay) Ibs ---- Trapping Efficient Total Sed Trapping Efficiency Active Fraction ---- ---- Total Sediment Discharged Ibs Cla Sized Particles Ibs Settleable Nitrogen Ibs Settleable Phosphorus Ibs ---- ---- Active Fraction (clay) Ibs - Trapping Efficient Between Storms for TSS ---- Clay Sized Particles Ibs Settleable Nitrogen Ibs ---- Settleable Phosphorus (lbs) Active Fraction (clay) (Ibs) IDEAL MODEL Bright's creek Design Riparian Buffer Only II? 1 1 ?I e 1 1 1 1 1 IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Pollutant Loading and Trapping Avg Storm Annual Storm Total Annual Vegetative Filter Strips Specified Filter S ecified for Conctedlm P. Area and Per. Area Pond Specified and type pond No Pond S ecified D Detention Stormwater Flow ff Wet Detention Specified) 8 VFS -Nitrogen Avg Storm Annual Storm Total Annual From Watershed Ibs 0.0751 0.6419 5.55 From Watershed (mg/1) 1.8800 0.9194 1.88 From Filter ifspecified) Ibs 0.0596 0.6419 4.41 From Filter ifspecified) (mg/1) 1.4924 0.4890 0.46 Discharged from Pond ifspecified) Ibs - ---- ---- Discharged from Pond ifspecified) (mg/1) ---- Fraction Trapped VFS ifspecified) 0.2062 0.0000 0.21 Fraction Trapped D Detention Pond ifspecified) ---- ---- Fraction Trapped D Detention Pond + VFS ifspecified) 0.2062 0.0000 0.21 Phosphorus From Watershed Ibs 0.0160 1.8876 1.18 From Watershed m /I 0.4000 0.4000 0.40 From Filter ifspecified) Ibs 0.0127 0.2576 0.94 From Filter ifspecified) (mg/1) 0.3177 0.1955 0.10 Discharged from Pond if'specified) Ibs ---- ---- ---- Discharged from Pond ifspecified) m /I ---- ---- --- Fraction Trapped VFS ifspecified) 0.2058 0.8635 0.21 Fraction Trapped D Detention Pond ifspecified) ---- ---- ---- Fraction Trapped D Detention Pond + VFS ifspecified) 0.2058 0.8635 0.21 Bacterial Indicator From Watershed number 2.7181E+09 4.7805E+10 2.0114E+11 From Watershed number/100m1 1.5000E+04 1.5011E+04 15000.00 From Filter ifspecified) Number 2.4547E+09 4.7805E+10 1.8165E+11 From Filter ifspecified) number/100m1 1.3547E+04 8.0019E+03 4167.66 Discharged from Pond ifspecified) umber ---- ---- ---- Discharged from Pond ifspecified) number/100ml ---- Fraction Trapped VFS ifspecified) 0.0969 0.0000 0.10 Fraction Trapped Dry Detention Pond ifspecified) ---- ---- --- Fraction Trapped D Detention Pond + VFS ifspecified) 0.0969 NOTE: CALCULATIONS FOR FILTER STRIPS DO NOT CONSIDER BACTERIAL G 0.0000 ROWTH IN DEPOS 0.10 ITED SEDIMENT OR REMOBILIZATION OF NUTRIENTS FROM DEPOSITED SEDIMENTS OR DECAYING VEGETATION IDEAL MODEL Bright's creek Design Riparian Buffer Only 1 IDEAL MODEL OUTPUT Version 1.6 (8-21-02) Bright's Creek Golf Course Maintenance Facility Storm Water Management System Pollutant Removal Wet Detention Avg Storm Annual Storm Total Annual Pond Specified and type detention (wettdry No Pond Specified Sediment TSS From Watershed Ibs 3.7195 275.24 Discharged from Pond Ibs TSS Trapped Ibs - ---- Active Fraction Clay From Watershed Ibs 1.2351 91.40 Discharged from Pond Ibs Active Fraction Trapped Ibs ---- Trapping Efficient for Active Fraction ---- ---- Nitrogen From Watershed Ibs 0.0596 4.41 Mass Absorbed on Active Phase Ibs ---- ---- Mass Trapped Ibs - ---- Discharged from Pond Ibs - ---- Average Concentration in Pond Discharge (mg/1) Trapping Efficient ---- ---- Phosphorus From Watershed Ibs 0.0127 0.94 Mass Absorbed on Active Phase Ibs ---- ---- Mass Trapped (lbs) Discharged from Pond Ibs Average Concentration in Pond Discharge (mg/1) - Trapping Efficiency ---- ---- Bacterial Indicator From Watershed Number 2.4547E+09 1.8165E+11 Number Trapped During Storm Flow - Number Dischar ed Durin Storm Flow Ne lectin Permanent Pool t ! M 335 PAGE 450 deed, easement, lease or other instrument or memorandum of conveyance of record to the Association,. title or such other interest in property conveyed will vest in and to the Association without the necessity of any fiu ther act, deed or approval of any person, including the grantor, lessor and/or Association. 2.4 Owner's Easements of Enioyinent. Every Owner shall have a non-exclusive right, privilege and easement of use and enjoyment of the Common Areas, which right, privilege and easement shall be appurtenant to and shall pass with the title to every Lot, whether or not referred to in any deed conveying title to any Lot, but subject to all of the provisions of this Declaration. 2.5 Delegation of Use. Any Owner may delegate, in accordance with and as limited by the Governing Documents, the Owner's rights of use and enjoyment of the Common Areas to the members of his family, guests, tenants, or contract purchasers, provided that every such delegate shall reside upon the Property or be accompanied by the Owner or otherwise be permitted to engage in such use in accordance with the Governing Documents. 2.6 Non-Association Amenities. Owners shall not have any rights, privilege or easement with respect to the use and enjoyment of Non-Association Amenities except pursuant to the express rights of access and use ,afforded to Owners by Declarant or the Persons owning and/or operating such Non-Association Amenities. ARTICLE 3 ASSOCIATION MATTERS 3.1 Brits Creek Property Owners Association. Inc. 3.1.1 Every Owner of a Lot which is subject to alien for assessments shall be a Member of the Association. An Owner may assign in writing his membership and voting rights to an' Occupant upon such terms as the Board of Directors may prescribe; provided, however, that no such assignment shall affect the obligation of the Owner to pay the assessment described in Article 4 hereof. Otherwise, membership and voting rights shall be appurtenant to, and may not be separated from, ownership of any Lot. Each Owner shall be entitled to voting rights in the Association consisting of one vote for each Lot owned, except as set forth below. When more than one person holds an interest in any Lot, all such persons shall be deemed Members. The vote or votes for such Lot shall be exercised as they among themselves determine, but in no event shall multiple Owners of one Lot be entitled to collectively cast more than the one vote for that Lot. 7 NPCOL1194796.6-CA4EGM) 033142.00000 I BOOK 335 PAGE 451 The Association shall have two classes of voting membership: Class A Members shall be all ,Owners other than Declarant, which shall be a Class B Member. The Class B Member shall be entitled to one vote for each Lot owned by it, plus one vote for each vote held by a Class A Member. The total vote of the Association's Members shall consist of the sum of the votes of all Class A Members and the votes of the Class B Member, with each Class A vote being equivalent to one Class B vote. Class B membership shall cease at,the end of the Declarant Control Period and there shall only one class of membership thereafter. 3.1.2 Board of Directors. The business and affairs of the Association shall be managed by a Board of Directors consisting of not less than three (3) directors appointed by Declarant during the Declarant Control Period. Thereafter, the Board of Directors shall be elected by a plurality vote of the Members of the Association in accordance with the By-Laws. Directors may be but shall not be required to be Members of the Association. No Director shall incur any liability whatsoever to any Member, Owner or Occupant for any actions taken by such Director in good faith and within the scope of his or her authority in implementing or enforcing any provision of this Declaration. After the Declarant Control Period, the Board of the Association shall have at least one Director who is an Owner of a Village Home Lot or is otherwise designated by a majority of the Owner's of Village Home Lots to represent the interests pertaining to the Village Home Lots. 3.2 Association Governance General . Except as otherwise provided in this Declaration, rules and procedures of the Association, including, but not limited to, conducting elections, meetings (both regular and special), and for casting of votes by Members, and the number thereof required for quorums and approval of ratification, shall be as set forth in the By-Laws. The Association, subject to the rights of Declarant and the rights and duties of the Owners set forth in this Declaration, will be responsible for the exclusive management and control of the Common Areas and all improvements thereon (including furnishings and equipment related thereto). Except to the extent otherwise required by the provisions of the Act or the Governing Documents, the powers herein or otherwise granted to the Association shall be exercised by the Board of Directors, acting through the officers of the Association as provided in the By-Laws and their duly authorized delegates, without any fin ther consent or action on the part of the Owners. 3.3 Duties and Powers. The duties and powers of the Association will be those set forth in the provisions of the Act, the By-Laws, and the Articles of Incorporation, together with those reasonably implied to effect the purposes of the Association; provided; however, that if there are conflicts or inconsistencies between the Act, this Declaration, the By-Laws, or the Articles of Incorporation, the provisions of the Act, this Declaration, the Articles of Incorporation, and the By-Laws, in that order, will prevail. The Association may exercise any other right or privilege given to it expressly by the Governing Documents, together with every other right or privilege reasonable to be implied from the existence of any right or privilege :given to it herein or reasonably necessary to effectuate any such right or privilege. Such powers of the Association will include, but will not be limited to, the power to purchase one or more properties subject NPCOL1:794796.6-CA-(EGM) 033142-00000 J# r BOOK 335 PAGE 152 to this Declaration and to hold, lease, mortgage, sell and convey the same. Such duties may include, but will not be limited to, arranging with governmental agencies, public service districts, public or private utilities, or others, as a Common Expense or by billing directly to the Owners, to furnish trash collections, water, sewer and/or security service for the Property. Notwithstanding the foregoing provision of this section or any other provision of this Declaration to the contrary, during the Declarant Control Period the Association will not, without the written approval of Declarant, borrow money or pledge, mortgage, or hypothecate all or any portion of the Common Areas. 3.3.1 Ownership of Properties. The Association will be authorized to own, purchase, lease, and use under any use agreement and maintain Common Areas, equipment, furnishings and improvements devoted to the uses and purposes expressed and implied in this Declaration, including, but not limited to, the following uses: (a) For roadways, park areas, walks, paths, trails and other access areas throughout the Property; and/or guardhouses; provide; and (b) For security services, including security stations, maintenance buildings (c) For providing any of the services which the Association is authorized to (d) For purposes set out in deeds or agreements by which Common Areas are conveyed or by which use rights are granted to the Association. 3.3.2 Services. The Association will be authorized to provide such services required to promote the uses and purposes for which the Association is formed as expressed or implied in this Declaration, including, but not limited to, the following services: . (a) Cleanup and maintenance of all Common Areas, private roads, roadways, road shoulders, roadway medians, parkways, lakes, lagoons, drainage areas and easements outside of the Lots, and also all public properties which are located within or in a reasonable proximity to the Property such that their deterioration would affect the appearance of the Property as a whole; Common Area; (b) Landscaping of Common Areas and walling paths within or constituting a (c) Lighting throughout the Common Areas; (d) Maintenance of any installed electronic and other access and control devices for the protection of the Property, if any such devices are ever installed, and assistance to the local police and sheriff departments in the apprehension and prosecution of persons who violate applicable laws within the Property; 9 NPCOL1:794796.6-CA{EGM) 033142-00000 BOOK 335 PAGE 453 (e) Insect and pest control to the Common Areas to the extent that it is necessary or desirable in the judgment of the Board of Directors to supplement the service provided by the state and local governments; (f) The services necessary or desirable in the judgment of the Board of Directors to carry out the. Association's obligations and business under the terms of this Declaration and to collect annual assessments, special assessments, emergency special assessments, specific assessments, and other fees and charges collectable from the Owners hereunder; (g) To take any and all actions necessary to enforce these and all covenants and restrictions affecting the Property and to perform any of the functions or services delegated to the Association in any covenants or restrictions applicable to the Property; (h) To set up and operate an architectural review committee in the event that the Association is assigned the whole or any portion of the function of the ARC by Declarant; (i) To construct improvements on Common Areas for use for any of the purposes or as may be required to provide the services as authorized in this section; 0) To provide administrative services including but not limited to legal, accounting and financial and communications services informing Members of activities, including notice of actions incident to the above listed services; (k) To provide liability and hazard insurance covering improvements and activities on Common Areas; 0) To provide water, sewage, Telecommunications Services and any other necessary utility services not provided by a public body, private utility or Declarant; (m) To provide any or all of the above listed services to another Association or Owners of real property under a contract, the terms of which must be approved by the Board of Directors; and Regulations. (n) To provide for hearings and appeal process for violations of Rules and 3.4 Agreements. Subject to the prior approval of Declarant during the Declarant Control Period, all agreements and determinations lawfully authorized by the Board of Directors will be binding upon the Association and all Owners, their heirs, legal representatives, successors, and assigns, and all others having an interest in the Property or the privilege of possession and enjoyment of any part of the Property will comply with and be subject to the authorized actions of the Board of Directors. In performing its responsibilities hereunder, the Board of Directors will have the authority to delegate to Persons of its choice such duties of the Association as may be determined by the Board of Directors. In furtherance of the foregoing and not in limitation thereof, the Association may obtain and pay for the services of any Person to manage its affairs or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association deems necessary or desirable for the proper operation of the 10 NPCOL1:794796.6-CA{EGM) 033142-00000 BOOK 335 PAGE 454 Property whether such personnel are furnished or employed directly by the Association or by any Person with whom or with which it contracts. All costs and expenses incident to the employment of a manager will be a Common Expense. During the term of such management agreement, such manager may, if authorized by the Board of Directors, exercise all of the powers and will be responsible for the performance of all the duties of the Association, excepting any of those powers or duties specifically and exclusively reserved to the directors, officers, or Members of the Association by Us Declaration or the By-Laws. Such manager may be an individual, corporation, or other legal entity, as the Board of Directors will determine, and may be bonded in such a manner as the Board of Directors may require, with the cost of acquiring any such bond to be a Common Expense. In addition, the Association may pay for, and the Board of Directors may hire and contract for, such legal and accounting services as are necessary or desirable in connection with the operation of the Property or the enforcement of the Governing Documents. 3.5 Indemnification. The Association shall indemnify every officer, director and committee member against all damages and expenses, including attorneys fees, reasonably incurred in connection with any action, suit or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director or committee member, except that such obligation to indemnify shall be limited to those actions for which liability is limited under this section, the Articles of Incorporation and the Act. The officers, directors and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member harmless from any and all liability to others on account of any such contract, commitment or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. ARTICLE 4 MAINTENANCE AND ASSESSMENTS 4.1 Responsibilities of Owners. Unless specifically identified herein as the responsibility of the Association, all maintenance and repair of Lots and Dwellings, together with all other Improvements within such property, will be the responsibility of the Owner thereof. Each Owner will be responsible for maintaining his or its property in a neat, clean and sanitary condition, and such responsibility will include the maintenance and care of all exterior surfaces of all Dwellings, buildings and other structures 11 NPC0L1:794796.6-CA{EGM) 033142-00000 M 335 PAGE 455 and all lawns, trees, shrubs, hedges, grass and other landscaping. Each Owner will also be obligated to pay for the costs incurred by the Association for repairing, replacing, maintaining or cleaning any item which is the responsibility of such Owner, but which responsibility such Owner fails or refuses to discharge. Each Owner shall also be responsible to the Association for compliance with all property owner obligations related to Telecommunications Services as described in Section 4.2.3 below. Such costs and expenses, including reasonable costs and expenses of collection and such fines as may be established by the Association, from time to time, to reimburse the Association for the administrative costs incurred thereby, or otherwise, will be a specific assessment against such Owner. No Owner will (i) decorate, change or otherwise alter the appearance of any portion of the exterior of a Dwelling, building or other structure, or the landscaping, grounds, or other improvements within his or its property unless such decoration, change or alteration is first approved, in writing, by the ARC as provided in this Declaration or (ii) do any work which, in the reasonable opinion of the Association, would jeopardize the soundness and safety of the Property, reduce the value thereof, or impair any easement or hereditament thereto without in every such case obtaining the written approval of the Association and the Owners of property directly affected thereby or benefiting from such easement or hereditament. 4.2 Association's Responsibility. 4.2.1 General. Except as may be herein otherwise specifically provided, the Association will maintain and keep in good repair all portions of the Common Areas and any easement area encumbering properties of Owners for which the Association is responsible under this Declaration, including responsibility prior to transfer to the Association in accordance with Section 2.3, which responsibility will include the maintenance, repair and replacement of (a) all drainage not under governmental authority and responsibility, (b) all walks, paths, landscaped areas and other improvements situated within the Common Areas or easements, (c) security systems and utility lines, pipes, plumbing, wires, conduits and related systems which are a part of its said properties and which are not maintained by a public authority, public service district, public or private utility or other person, and (d) all lawns, trees, shrubs, hedges, grass and other landscaping situated within or upon its said properties or easement areas. The Association will not be liable for injury or damage to any person or property (i) caused by the elements or by any Owner or by any other person, (ii) resulting from any rain or other surface water which may leak or flow from any portion of its properties, or (iii) caused by any pipe, plumbing, drain, conduit, appliance, equipment, security system, or utility line or facility, the responsibility for the maintenance of which is that of the Association, becoming out of repair. Nor will the Association be liable to any Owner for loss or damage, by theft or otherwise, of any property of such Owner which may be stored in or upon any portion of the Common Areas or any other portion of the Property. No diminution or abatement of assessments will be claimed or allowed by reason of any alleged failure of the Association to take some action or to perform some function required to be taken or performed which are the responsibility of the Association or from any action taken by the Association to comply with any law, ordinance or with any order or directive of any municipal or other governmental authority, the obligation to pay such assessments being a separate and independent covenant on the part of each Owner. 12 NPCOL1:794796.6-CA{EGM) 033142-000DD BOOK 335 PAGE 456 4.2.2 Work On Behalf of Owners. In the event that Declarant or the Board of Directors determines that: (a) any Owner or Occupant has failed or refused to discharge properly his or its obligations with regard to the maintenance, cleaning, repair or replacement of items for which he or it is responsible hereunder or (b) that the need for maintenance, cleaning, repair or replacement which is the responsibility of the Association hereunder is caused through the willful or negligent act of an Owner or Occupant and is not covered or paid for by insurance in whole or in part, then in either event, Declarant or the Association, except in the event of an emergency situation, may give such Owner written notice of the Association's intent to provide such necessary maintenance, cleaning, repair or replacement, at the sole cost and expense of such Owner, and setting forth with reasonable particularity the maintenance, cleaning, repairs or replacement deemed necessary. Except in the event of emergency situations, such Owner will have fifteen (15) days within which to complete the same in a good and workmanlike manner, or in the event that such maintenance, cleaning, repair or replacement is not capable of completion within said fifteen (15) day period, to commence said maintenance, cleaning, repair or replacement and diligently proceed to complete the same in a good and workmanlike manner. In the event of emergency situations or the failure of any Owner to comply with the provisions hereof after such notice, Declarant or the Association may provide (but will not have the obligation to so provide) any such maintenance, cleaning, repair, or replacement at the sole cost and expense of such Owner and said cost will be added to and become a part of the assessment to which such Owner and his property is subject and will become alien against such property. In the event that Declarant undertakes such maintenance, cleaning, repair or replacement, the Association will promptly reimburse Declarant for Declarant's costs and expenses. 4.2.3 Telecommunications Services. The Association has arranged for Telecommunications Services to be provided to each Lot in accordance with a Bulk Service Agreement with the OFC Provider. Each Owner shall be obligated to apply for Telecommunication Services upon the issuance of a certificate of occupancy for any residence constructed on the Owner's Lot in accordance with then prevailing practices of the OFC Provider and/or the providers of the Telecommunications Services and the Owner shall be responsible for applicable charges, if any, for installation of equipment, hook up, connection and/or initiation of service, as well as ongoing charges for all Telecommunications Services. The Association will enter into standard long term service agreements with all providers of Telecommunications Services and all Owners shall be bound to comply with applicable standard usage policies for the Telecommunications Services. All Telecommunications Services will be made available to Owners from the easements granted to the OFC Provider by Declarant in the Common Areas and/or adjacent easement areas. In accordance with the Bulk Service Agreement, the Association shall be responsible for the collection of all sums due to the OFC Provider and/or the providers of Telecommunications Services (unless otherwise agreed with such providers) and for the remitting of all funds due related to the Telecommunications Services. The Association shall also be entitled to collect from each Owner who has not constructed a residence on a Lot (other than Declarant) a fee of $75.00 per Lot per month until a certificate of occupancy is issued for a residence on such Owner's Lot. This amount represents the access fee payable to the OFC Provider for having provided the optical fiber cable system to the Lot for 'the delivery of the Telecommunications Services; provided, however that the Declarant may assume responsibility for the payment of this access fee for specific Owners by providing written -notice thereof 13 NPCOL1:794796.6-CA{EGM) 033142-00000 WO M5 PAGE 457 to the Association and upon receipt of any such notice, the Association shall look solely to the Declarant for payment of such access fees. The benefit of any such assumption by the Declarant shall be personal to the Owner named in any assumption notice and shall not survive any transfer of the Lot to a subsequent Owner, which subsequent Owner shall not be exempt from payment of this access fee. All amounts due by each Owner related to -the Telecommunications Services, including the access fee and expenses related to the initiation of services, usage charges and other amounts which may become due as a result of the applicable standard usage policies of the providers of Telecommunications Services, shall be remitted by each Owner to the Association monthly or as otherwise specified by the Association from time to time. In the event the Association fails to receive any such amount in a timely manner, the past due amount shall become a specific assessment against Owner and the subject Lot upon receipt of written notice thereof from the Association. 4.3 Creation of the Lien and Personal Obligation of Assessments Each Owner, by acceptance of a deed to any Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be established as necessary and collected as hereinafter provided; (3) specific assessments against the Owner for work undertaken on behalf of the Owner as specified in Section 4.2.2 above; (4) specific assessments for sums due related to Telecommunications Services as specified in Section 4.2.3 above; and (5) any applicable Neighborhood assessment. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on each Lot and shall be a continuing lien upon the Lot °against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of each person who is. the Owner of such Lot at the time when the assessment is due. The personal obligation for the delinquent assessments shall not pass to his successors in title unless expressly assumed. Lots owned by Declarant shall be subject to a lien for assessments, but the total amount of the assessments which Declarant shall be obligated to pay annually shall be the lesser of (1) the number of Lots owned by Declarant times the total annual and special assessments due for each Lot owned by an Owner other than Declarant or (2) the difference between the total assessments paid by all Owners other than Declarant and the total amount of funds to be expended annually, as determined by the Board of Directors of the Association, to carry out the purposes for which assessments are to be levied and collected pursuant to this Declaration. The Declarant, pursuant to the plan of development for the Property, shall construct, or cause to be constructed, and, if deemed appropriate or necessary by Declarant, dedicated to public use, necessary streets and roads to the Lots and shall provide, or cause to be provided, either in the streets abutting a Lot or in reserved utility easements, water, sewer and electric service and Telecommunications Services to each Lot. The initial construction of such streets and the initial installation of such utility services (except related to connections to Telecommunications Services) to Lots shall be accomplished without cost or expense to the Association and shall not be subject to the lien and assessments rights described herein. The costs associated with Telecommunications Services shall be borne as referenced in Section 4.2.3 above. The Declarant's obligations shall not include the costs of connecting Lots to utility lines or optical cables located in street rights-of-way, tap or connection charges, or for meters or other equipment costs. 14 NPCOL1:794796.6-CA{EGM) 033142-00000 4.4 Purpose of Assessments = 335 PAGE 49 4.4.1 The assessments levied by the Association, excluding specific assessments and Neighborhood Assessments, shall be used exclusively to promote the health, safety and welfare of the Owners and Occupants of the Property and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose or for maintenance of the Common Areas, including but not limited to, the cost of repairs, replacements and additions thereto, the cost of labor, equipment, materials, management and supervision, the payment of taxes assessed against the Common Areas, maintenance of streets, entrance areas and beautification easements which are part of the Common Areas, the maintenance of water and/or sewer lines in and upon the Common Areas, the procurement and maintenance of insurance in accordance with the By-Laws, the payment of charges for any street lights located on the Property, the employment of attorneys and accountants to represent the Association when necessary, and such other needs as may arise, all of which shall be estimated as Common Expenses and included in the annual budget of the Association to the extent practicable. 4.4.2 All monies collected by the Association shall be treated as the separate property of the Association, and such monies may. be applied by the Association to the payment of any expense of operating and managing the Property or to the proper undertaking of all acts and duties imposed upon it by virtue of the Governing Documents. As monies for any assessment are paid unto the Association by any Owner, the same may be commingled with monies paid to the Association by the other Lot Owners. Although all funds and common surplus, including other assets of the Association, and any increments thereto or profits derived therefrom shall be held for the benefit of the Members of the Association, no Member of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest therein, except as an appurtenance to his Lot. When an Owner shall cease to be a Member of the Association by reason of his divestment of ownership of his Lot, by whatever means, the Association shall not be required to account to such Owner for any share of the fund or assets of the Association which may have been paid to the Association by such Owner, as all monies which any Owner has paid to the Association shall be and constitute an asset of the Association which may be used as authorized. 4.5 Annual and Special Assessments. The Common Expenses to be funded by the annual assessments may include, but will not necessarily be limited to, management fees and expenses of administration, including all personnel and professional service costs, utility charges for utilities serving the Common Areas and charges for other common services for the Property, including trash collection and security services, if any such services or charges are provided or paid by the Association; the cost of any policies of insurance purchased for the benefit of all the Owners and the Association as required or permitted by this Declaration, including fire, flood and other hazard coverage, public liability coverage and other insurance coverage determined by the Board to be in the interests of the Association and the Owners; the expenses of maintenance, operation and repair of those portions of the Common Areas which are the responsibility of the Association under the provisions of this Declaration; the expenses of any architectural review board established to receive and administer the whole or any portion of the ARC functions transferred. and conveyed to the Association, which are not defrayed by plan review charges; ad valorem real and personal property taxes assessed and levied against the Common Areas; such other expenses as may be determined from time to time by the Board of Directors to be Common Expenses, including, without 15 NPCOL1:794796.6-CA{EGM) 033142.00000 BOOK 335 PAGE 459 limitation, taxes and governmental charges not separately assessed against Lots or Dwellings and the establishment and maintenance of a reasonable reserve fund or funds (a) for maintenance, repair and replacement of those portions of the Common Areas which are the responsibility of the Association and which must be maintained, repaired or replaced on a periodic basis, (b) to cover emergencies and repairs required as a result of casualties which are not ftmded by insurance proceeds, and (c) to cover unforeseen operating contingencies or deficiencies arising from unpaid assessments or liens, as well as from emergency expenditures and other matters, all as may be authorized from time to time by the- Board of Directors; provided, however that during the Declarant Control Period the Board of Directors shall not be required to maintain any reserves and no duty to create or maintain reserves for any purpose shall exist. 4.5.1 The maximum annual assessment for the calendar year 2006 shall not exceed $400 for each Lot without a completed Dwelling and $1,000 for each Lot with a completed Dwelling. During the Declarant Control Period, annual assessments shall be increased as hereafter provided but during the Developer Control Period the annual assessment applicable to each Lot without a completed Dwelling shall not exceed fifty percent (50%) of the annual assessment applicable to Lots with completed Dwellings. The increase in the annual assessment due to the completion of a Dwelling on a Lot shall be effective as of the first day of the month after the Dwelling is completed and ready for occupancy. 4.5.2 During the Declarant Control Period, the maximum annual assessment for the calendar year commencing January 1, 2007 and for each calendar year thereafter shall be established for by the Board of Directors; provided, however, that the annual assessment for Lots with and without completed Dwellings may only be increased by an amount not to exceed fifteen percent (15%) of the annual assessment for the previous year. 4.5.3 After the Declarant Control Period, the maximum annual assessment for any calendar year may be increased by more than fifteen percent (15%) of the annual assessment for the prior calendar year only if approved by two-thirds (2/3) of the Members in attendance or represented by proxy, at a meeting duly called for this purpose. 4.5.4 In addition to the annual assessments authorized above, after the Declarant Control Period, the Board of Directors may levy, at any time during any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the costs of construction, reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto; provided, however, that any such special assessment shall be approved by two-thirds (2/3) of the Members in attendance or represented by proxy at a meeting duly called for this purpose. 4.6 Notice and Quorum for Any Action Authorized. Written notice of any meeting called for the purpose of taking any action requiring approval of the Members under this Declaration shall be sent to all Members not less than seven (7) days nor more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast at least fifty percent (50%) of the votes of the membership .shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half 16 NPCOL1:794796.6-CA{EGM) 033142-00000 BOOK 335 PAW ,4M - (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more -than thirty (30) days following the preceding meeting. 4.7 Date and Commencement of Annual Assessments: Due Dates. The annual assessments at the time provided for herein shall be collected on an annual basis, with the initial annual assessment due as to each Lot at the time of conveyance of that Lot to an Owner by Declarant and prorated according to the portion of the year during which the Lot is owned by the Owner. At least thirty (30) days in advance of each annual assessment period thereafter, the Board of Directors shall fix the amount of the annual assessment for each Lot. The due date shall be established by the Board of Directors. 4.8 Effect of Nonpayment of Assessments Remedies of the Association. Any assessment authorized by this Declaration not paid within thirty (30) days after the due date shall bear interest from the due date at an annual rate of eight percent (8%). The Association may bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien created herein against the property in the same manner as prescribed by the laws of the State of North Carolina for the foreclosures of deeds of trust, and interest, costs and reasonable attorney's fees for representation of the Association in such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by abandonment of the Lot, non-use of any Common Areas, nor shall damage to or destruction of any improvements on any Lot by fire or other casualty result in any abatement or diminution of the ;assessments provided for herein. 4.9 Certificate. The Treasurer, any Assistant Treasurer or the manager of the Association shall within ten (10) days of a written request and upon payment of a fee set from time to time by the Board of Directors furnish to any Owner or such Owner's Mortgagee which requests the same, a certificate signed by the Treasurer, Assistant Treasurer or manager setting forth whether the assessments for which such Owner is responsible have been paid and if not paid, the outstanding amount due and owing, together with all fines, accrued interest and other penalty charges. Such certificate will be conclusive evidence against all but such Owner of payment of any assessments stated therein to have been paid. 4.10 Subordination of the Lien to Mortgages. The liens provided for herein on any Lot shall be subordinate to the lien of any Institutional Mortgage on such Lot, but only as to assessments due and payable prior to a foreclosure sale. Any other sale or transfer of any Lot shall not affect the assessment lien or liens provided herein. 4.11 Bri&ht's Creek Village Home Neighborhood. All Village Home Lots shall be considered as located in the Village Home Neighborhood. In addition to the other maintenance obligations set forth in this Declaration, the Association shall cause to be maintained the grounds and landscaping of all improved Village Home Lots. Each Owner of any improved Village Home Lot, by acceptance of a deed to a Village Home Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association a Neighborhood 17 MPCOL1:794796.6-CA{EC,i) 033142-00000 = 335 PAGE 961 Assessments levied by the Association exclusively for maintenance of grounds and landscaping of -improved Village Home Lots. Such Neighborhood Assessment shall be based upon the total costs. anticipated to be incurred in connection with such maintenance activities divided by the number of improved Village Home Lots maintained, but the Association in its discretion may adjust such assessment in an equitable manner should the maintenance activities required on all improved Village Home Lots not be substantially equivalent and additional costs are incurred as a result of unique landscaping features of particular improved Village Home Lots. This Neighborhood Assessments shall be added to and become a part of the annual assessment otherwise due for each improved Village Home Lot. 4.12 Other Neighborhoods; Neighborhood Assessments. The Declarant or the Board of Directors may establish additional Neighborhoods in accordance with this Declaration, agree to provide services to such Neighborhood in addition to those provided to the Lots and/or Dwellings in the Property generally, and recover all costs and expenses incurred in providing such additional services through the levying of Neighborhood Assessments as additions to the annual assessments due Owners of Lots in such Neighborhood. 4.13 Neighborhood Committees. In each Neighborhood created, the Owners of Lots in such Neighborhood shall be entitled to elect not less than three (3) nor more than five (5) persons who own or have an interest in any Lot in such Neighborhood to serve on a Neighborhood Committee. The Neighborhood Committee shall ;consult with the Board of Directors from time to time, but at least annually, on all matters pertaining to the Neighborhood, the level of Neighborhood Assessments, and specific Rules and Regulations for such Neighborhood. Any specific Rules and Regulations for any Neighborhood shall be subject to approval of a majority of the Owners of Lots in such Neighborhood and Declarant during the Declarant Control Period. 4.14 Specific Assessments. To the extent any sums are due the Association from any Owner which are not paid in full within thirty (30) days after the due date, all such sums shall bear interest at the rate of eight percent (S%) until paid in full. In addition, upon written notice given'by the Association to any Owner of the intent to levy a specific assessment against the Lot of the Owner, said past due amount shall constitute a specific assessment against the Owner and the Owner's Lot and lien to secure all amounts due to the Association. In such event, the remedies set forth in Section 4. above for non-payment of annual or special assessments shall be equally applicable to any specific assessment. ARTICLE 5 RULES AND REGULATIONS; ENFORCEMENT 5.1 Rules and Regulations. Subject to the provisions hereof, the Board of Directors may establish reasonable Rules and Regulations concerning the use of Lots, Dwellings and the Common Areas and all services provided to the Owners, including Neighborhoods (subject to the restrictions set fort in Section 4.13) and facilities located thereon. The Association will furnish copies of such Rules and Regulations and amendments 18 NPC0L1:794796.6-CA{EGM) 033142-00000 BOOK 335 PAGE 467 one (1) month. Upon request, the Owner will provide the Association with copies of such lease or rental agreement.' Any Occupant will in all respects be subject to the terms and conditions of the Governing Documents. No commercial vehicles or equipment may be stored or parked on any Lot except in an enclosed garage or outdoors on a temporary basis while utilized in connection with construction activities to any Improvements. 6.6 Antennas. No television antenna, radio receiver, satellite dish or other similar device may be attached to or installed on any portion of the Property, except as required by the Telecommunications Act of 1996 and implementing rules therefor issued by the Federal Communications Commission and by the Association in conformity with rules or guidelines of the Federal Communications Commission; provided, however, Declarant and the Association will not be prohibited from installing equipment necessary for security, mobile radio or other similar systems within the Property. 6.7 Water Wells/Sevtic Tanks. No private deep water well may be drilled, installed or maintained on any Lot. A shallow well pump may be authorized by the ARC, in its sole and absolute discretion, following written application therefor by an Owner for lawn and garden use if tests indicate water is satisfactory and will not cause staining of improvements. Furthermore, the ARC may authorize shallow wells for closed-end, geo-thermal residential systems. So long as sewer service is provided to any Lot, no private septic tank may be installed or maintained on any Lot or Common Areas. 6.8 Clotheslines. No clotheslines or drying yards shall be located upon the premises so as to be visible from Common Areas or from any adjoining property or Lot. 6.9 Storage Tanks. Any propane gas tanks shall be buried underground on the Lot and the lid shielded from the view from any road by plantings or other means approved by the ARC. No other storage tanks of any kind shall be permitted without the prior written approval of the ARC. 6.10 Firearms and Fireworks. No firearms or fireworks of any variety shall be discharged upon the Lots, in any Dwelling or upon Common Areas. The term "firearms" shall include, without limitation, B-B guns and pellet guns. 6.11 No Above Ground Utilities. All electrical service, cable television, optical fiber cable, telephone lines and other service lines shall be placed underground and no outside lines shall be placed overhead; provided, however, that the normal service pedestals, etc., used in conjunction with such underground utilities 24 NPCOL1:794796.6-CA{EGM) 033142-00000 BOOK 335 PAGE 4M shall be permitted within the Property. Overhead utilities shall be permitted during the construction period and until utility companies can place them underground. 6.12 Sims. Except as may be required by law or by legal proceedings, no signs or advertising posters of any kind, including, but not limited to, "For Rent," "For Sale," and other similar signs, shall be erected on any Lot by an Owner, the Association, or any agent, broker, contractor or subcontractor thereof, nor shall any sign or poster be maintained or permitted on any window or on the exterior of any Improvements or on any unimproved portion of the Property, unless authorized by the Rules and Regulations or the express written permission of the ARC is obtained. The approval of any signs and posters, including, without limitation, name and address signs, shall be upon such conditions as may be from time to time determined by the ARC and may be arbitrarily withheld. Notwithstanding the foregoing, the restrictions of this section shall not apply to Declarant or to any person having the prior written approval of Declarant. In addition, the Association shall have the right to erect reasonable and appropriate signs on any portion of the Common Areas in accordance with standards adopted therefor by the ARC and approved by any governmental authority having jurisdiction over such signage. 6.13 Pets. No animals of any kind shall be kept by any Occupant upon any portion of the Property, provided that a reasonable number of generally recognized house pets (not to exceed the maximum number specified by the Association from time to time) may be kept in Dwellings in compliance with all -Rules and Regulations and further provided that such pet or pets are kept or maintained solely as domestic pets and not for any commercial purpose; provided fin Cher, however, any exterior dog houses, kennels, fenced runs or pens for the housing of any pet shall be subject to the approval of the ARC, which it may grant or deny in its sole discretion. No pet shall be allowed to make an unreasonable amount of noise or to become a nuisance. Pets shall be under leash at all times when walked or exercised in any portion of the Common Areas, and the owner of such pet shall clean up after such pet. Upon the written request of any Occupant, the Association may conclusively determine, in its sole and absolute discretion, whether, for purposes of this section, a particular pet or breed is a generally recognized house pet or such pet is a nuisance or creates a threat to persons that the Association deems unacceptable, and the Association shall have the right to require the owner of any such pet or breed to remove and keep such pet from the Property. The Association shall have the further right to fine any Occupant for the violation of these restrictions by such Occupant, and the Occupant shall be liable to the Association for the cost of repair of any damage to the Common Areas caused by the Occupant's pet. In addition, any such fine or cost of repair shall become a personal obligation of the Owners in whose Dwelling the Occupant resided or under whose authority the Occupant came into the Property; and such fine or costs shall be added to and become a part of that portion of any assessment next coming due for which such is responsible. 6.14 Drainage and Disturbances. No Owner shall dam or impound any stream or channel or direct drainage water except in accordance with a drainage plan approved by Declarant. No Owner shall make any change to or modification of the grades, swales and slopes of the Owner's Lot in anyway that changes or impedes the originally established flow of storm water drainage, except as approved by the ARC in connection 25 . . NPCOL1:794796.6-CA{EGM) 033142-00000 BOOK 335 PAGE 469 with approval of the plans for a Dwelling. No Owner shall engage in the recovery of any minerals, hydrocarbons or other subsurface materials or otherwise disturb subsurface areas except in connection with the construction of Improvements on a Lot approved by the ARC. There shall be no direct discharge of collected storm water (such as collected from roof gutters) to surface waters of the State of North Carolina located on any portion of the Property, and all Owners shall be responsible to properly design, construct and maintain drainage systems and features on their respective Lots to avoid any violation of this prohibition. 6.15 Nuisances. No rubbish or debris of any kind will be dumped, placed or permitted to accumulate upon any portion of the Property, nor will any nuisance or odors be permitted to exist or operate upon or arise from the Property, so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to persons using or occupying any other portions of the Property. Noxious or offensive activities will not be carried on in any part of the Property, and the Association and each Owner and Occupant will refrain from any act or use which could cause disorderly, unsightly or unkempt conditions, or which could cause embarrassment, discomfort, annoyance or nuisance to the Occupants of other portions of the Property, which could result in an increase in premiums or cancellation of any insurance for any portion of the Property, which could impair the structural integrity of any Improvement or the exterior appearance thereof, or which would be in violation of any applicable law or governmental code or regulation. Without limiting the generality of the foregoing provisions, no exterior speakers, horns, whistles, bells, or other sound devices, except security and fire alarm devices used exclusively for such purposes, will be located, used or placed within the Property, except as may be permitted-pursuant to the Rules and Regulations. Any Owner or Occupant who dumps or places any trash or debris upon any portion of the Property will be liable to the Association for the actual costs of removal thereof plus any fine set therefor by the Association and. such sum will be added to and become a part of that portion of any assessment next becoming due to which such Owner and his property is subject. If any contractor, subcontractor or materialman violates this prohibition on dumping of trash or debris, the Owner of the Improvements upon which such party was working or supplying services or materials shall be liable in the same manner as if the Owner committed the violation. 6.16 Motor Vehicles, Trailers, Boats, Etc. Each Owner will provide for parking of automobiles off the streets and roads within the Property. There will be no outside storage or parking upon any portion of the Property of any mobile home, trailer (either with or without wheels), motor home, tractor, truck (other than pick-up trucks), commercial vehicles of any type, camper, motorized camper or trailer, boat or other watercraft, boat trailer, motorcycle, motorized bicycle, motorized go-cart, or any other related forms of transportation devices, except in a Dwelling's garage or a designated remote outdoor storage area created by Declarant or the Association. and generally screened from view; provided, however, that parking outside for brief periods to load and/or unload vehicles otherwise permitted limited access to the Property is allowed. Any permitted parking of a mobile or motor home within a garage will not be construed as to permit any person to occupy such mobile or motor home, which is strictly prohibited. Furthermore, although not expressly prohibited hereby, the Association may at any time prohibit or write specific restrictions with respect to the operating of mobile homes, motor homes, campers, trailers of any kind, motorcycles, motorized bicycles, motorized go-carts, all terrain vehicles (ATVs) and other similar vehicles, or any of 26 NP00L1:794796.6-CA{EGM) 033142-00000 WOK 335 PAGE 470 them, except golf carts, upon any portion of the Property if in the opinion of the Association such .prohibition or restriction will be in the best interests of the Property. Such policies may change from time to time with changing technology. The storage of any such vehicles within a garage will be permitted, even if operating the same is prohibited. No Owners or Occupants will repair or restore any vehicle of any kind upon or within Lots or the Common Areas except (a) within enclosed garages or (b) for emergency repairs and then only to the extent necessary to enable the movement thereof to a proper repair facility. 6.17 Garbage Disposal/Burning, Each Owner shall provide garbage receptacles or similar facilities in accordance with standards established by the Association (which may include a roll-out garbage rack of a type approved I_ 1-- A------'----'I--' -1--111---_. . -1 1 .1 . .. . . . . . ... 6.20 Use of Trademark. . M 335 PAGE 471 Each Owner and Occupant, by acceptance of a deed to any lands, tenements or hereditament within the Property hereby acknowledges that `Sright's Creek" is a service mark and trademark. Each Owner and Occupant agrees to refrain from misappropriating or infringing this service mark or trademark or other service marks or trademarks of Declarant or the Association. 6.21 Owner Restrictions Placed on Property. No Owner may impose additional restrictive covenants on any Lot beyond those contained in this Declaration without approval of the Association; provided, however, that Declarant may impose additional restrictive covenants on Lots then owned by Declarant without the consent of any other Owner or the Association. 6.22 Use of Common Areas. All Owners, Occupants, invitees, guests and other persons visiting the Property shall comply with all Rules and Regulations and shall not undertake, cause or allow any construction or alteration of the Common Areas, except with the express authorization of the Association. In general, the Common Areas shall be utilized only in a prudent and reasonable manner for the intended purposes with due regard for the preservation of the Common Areas and the safety and security of all other persons and all Improvements located on the Property. Each Owner shall be responsible for any damage or casualty caused to the Common Areas by any person who has accessed the Property upon the ;invitation or under the authority of the Owner or any member of the Owner's immediate family, including all Occupants of the Owner's Dwelling. In particular, all Occupants shall comply with all Rules and Regulations related to the use and parking of vehicles on the Property, including, without limitation, the observation of speed limits and requirements for the operation of golf carts, and violations shall subject the appropriate Occupants and Owners to fines as discussed in the Rules and Regulations. 6.23 Mail Service. At the election of the Association, United States mail service and/or overnight pickup and delivery service may be restricted to deliveries at a central pickup and delivery site located in reasonable proximity to the main entrance to the Property or in the Clubhouse Area operated under the supervision of employees or agents of the Association, its manager or an affiliate of either. In such event, individual mailboxes shall not be permitted. 6.24 Owner's Re-Subdivision. No Common Areas or Lot will be subdivided, or its boundary lines changed, nor will application for the same be made to any political subdivision with jurisdiction thereof, except with the prior written approval of the Association. However, Declarant reserves the right to so subdivide, and to take such other steps as are reasonably necessary to make the re-platted property suitable and fit as a building site, including, but not limited to, the relocation of easements, walkways, rights-of-way, private roads, bridges, parks, and Common Areas. 28 NPCOL1:794796.6-CAgEGM) 033142-00000 6.24.1 Consolidation of Lots. = M5 PAGE 472 The provisions of this section will not prohibit the combining of two (2) or more contiguous Lots into one (1) larger Lot. Following the combining of two (2) or more Lots into one (1) larger Lot, only the exterior boundary lines of the resulting larger Lot will be considered in the interpretation of this Declaration. Consolidation of Lots, as described herein, must be approved by Declarant during the Declarant Control Period and thereafter by the Board of Directors, said approval to be granted in its respective sole discretion upon the terms and conditions established by it from time to time, including specific provisions for the payment of assessments. 6.25 Assignment of Declarant's Rights to the Association. The Declarant reserves the right to assign to the Association, at its sole discretion, its rights reserved in this Declaration, including all rights set forth in this Article 3. The Association hereby agrees to accept any and all assignments of rights hereunder, and no further action will be required by it. 6.26 Declarant's Improvements. Anything contained herein to the contrary notwithstanding, neither the improvements constructed and used by Declarant in the conduct of its business or its activities are or will be subject to the restrictions set forth in this Article 6. 6.27 Other Rights and Reservations. THE OMISSION OF ANY RIGHT OR RESERVATION IN THIS ARTICLE WILL NOT LIMIT ANY OTHER RIGHT OR RESERVATION BY THE DECLARANT WHICH IS EXPRESSLY STATED IN OR IMPLIED FROM ANY OTHER PROVISIONS IN THIS DECLARATION INCLUDING ADDRESSING MATTERS BY PROMULGATING RULES AND REGULATIONS. ARTICLE 7 EASEMENTS 7.1 Common Areas. All Common Areas shall be subject to a perpetual non-exclusive easement or easements in favor of all Owners for all Occupants on their Lots, including their use and the use of their immediate families, guests, invitees, tenants and lessees for all normal, proper and intended purposes; provided, however, that all utilization of the Common Areas shall be in compliance with all applicable provisions of the Governing Documents, including the Rules and Regulations. 7.2 Golf Facilities Easements. There is hereby reserved for the benefit of Declarant and the Association, a right and easement over the Common Areas and Lots adjacent to the Golf Facilities to permit the doing of every act necessary and proper to the playing of golf on the golf course. These acts shall include, but not be 29 NPCOL1:794796.6-CA{EGM) 033142-00000 W 335 PAGE 473 limited to, the recovery of golf balls, the flight of golf balls over and upon such real estate, the use of necessary and usual equipment upon such golf course, the usual and common noise level created by the playing of the game of golf, together with all other common and usual activity associated with the game of golf and with all the normal and usual activity associated with the operation of a golf club. Neither golfers nor their caddies shall be entitled to enter on Lots with a golf cart or other vehicle, spend unreasonable time on Lots, enter into and upon any structure thereon or in any way commit a nuisance while on Lots. All Owners shall be obligated to refrain from any action, which would detract from the playing qualities of the Golf Facilities or the development of an attractive overall landscaping plan for the Golf Facilities area. Such prohibited actions shall include, but are not limited to, such activities as entering upon the golf course for any purpose other than the playing of golf pursuant to the rules and regulations of the Club, the maintenance of dogs or other pets on a Lot under conditions interfering with play due to their loud barking, running on the fairway, picking up balls, or other like interference with play. The existence of this easement shall not relieve golfers of liability, if any, for damage caused by errant golf balls. However, under no circumstances shall any of the following Persons be held liable, if any, for any damage or injury resulting from errant golf balls or the exercise of this easement: the Declarant, or any successor Declarant; the Association or its Members (in their capacities as such); the owner(s) of the Non-Association Amenities or their successors, successors-in-title, or assigns; any building contractor (in its capacity as such); any officer, director, shareholder, partner, member or other equity holder of any of the foregoing, or any officer, director, shareholder, partner, member or other equity holder in any of the foregoing. 7.3 Encroachments. All Lots and Common Areas shall be subject to easements for the encroachment of initial improvements constructed on adjacent Lots by Declarant to the extent that such initial improvements actually encroach, including, without limitation, such items as driveways and walls. If any encroachment shall occur subsequent to subjecting the Property to this Declaration as a result of settling or shifting of any building or as a result of any permissible repair, construction, reconstruction, or alteration, there is hereby created and shall be a valid easement for such encroachment and for the maintenance of the same. Every Lot shall be subject to an easement for entry and encroachment by Declarant for a period not to exceed eighteen (18) months following conveyance of a Lot to an Owner for the purpose of correcting any problems that may arise regarding grading and drainage. The Declarant, upon making entry for such purpose, shall restore the affected Lot to as near the original condition as practicable. 7.4 Access, Ingress and Egress: Private Roadways. All Owners, by accepting title to any Lot, waive all rights of uncontrolled and unlimited access, ingress and egress to and from such Lot and acknowledge and agree that such access, ingress, and egress will be limited to roads, sidewalks, walkways and paths located within the Property from time to time, provided that pedestrian and vehicular access to and from all such Lots will be provided at all times, subject to casualty, force majeure, emergencies, adverse weather, maintenance activities and other events beyond the Association's control. Subject to the right of Declarant to dedicate any roadways within the Property, there is reserved unto Declarant, the Association, and their respective successors and assigns, the right and privilege, but not the obligation, to maintain guarded or electronically-monitored gates controlling vehicular access to and from the Property, provided that access to the Property may be granted to any person who gives evidence satisfactory to entry guards, if there are any, that entry is with the specific permission of an Owner or his duly authorized agent. 30 NP00L1:794796.6-CA{EGM) 033142-00000 BOOK 335 PAGE 474 Neither Declarant nor the Association will be responsible, in the exercise of its reasonable judgment, for ,the granting or denial of access to the Property in accordance with the foregoing. NEITHER DECLARANT NOR THE ASSOCIATION SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF ANY GATE OR CONTROLLED ACCESS TO THE PROPERTY OR SAFETY MEASURES UNDERTAKEN WITH RESPECT THERETO BY EITHER OR BOTH OF THEM, NOR SHALL EITHER OR BOTH BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY FAILURE TO PROVIDE CONTROLLED ACCESS OR SAFETY MEASURES, OR FROM LEAVING ANY GATE OPEN, OR FROM A FAILURE OR INEFFECTIVENESS OF ANY SUCH CONTROLLED ACCESS OR SAFETY MEASURES UNDERTAKEN BY EITHER OR BOTH OF THEM. NO REPRESENTATION, WARRANTY OR COVENANT IS GIVEN TO ANY OWNER OR OCCUPANT BY EITHER OR BOTH OF DECLARANT AND THE ASSOCIATION THAT ANY CONTROLLED ACCESS OR SAFETY MEASURES INSTALLED OR UNDERTAKEN CANNOT BE BYPASSED OR COMPROMISED, OR THAT THEY WOULD, IN FACT, AVERT DAMAGE OR LOSS RESULTING FROM THAT WHICH THEY ARE DESIGNED TO PREVENT, AND EACH OWNER BY ACCEPTANCE OF A DEED TO A LOT OR DWELLING AND EACH OCCUPANT THEREOF SHALL INDEMNIFY AND HOLD DECLARANT AND THE ASSOCIATION HARMLESS FROM ANY DAMAGE AND COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, INCURRED BY EITHER OR BOTH OF THEM AS A RESULT OF ANY SUCH ASSERTION OR DETERMINATION. 7.4.1 Traffic Regulations. In order to provide for safe and effective regulation of traffic, Declarant reserves the right to make appropriate laws governing the operation of motor vehicles on public roads in North Carolina applicable to all of the private streets and roadways within the Property. Moreover, Declarant may promulgate from time to time additional parking and traffic regulations, which will supplement the above-mentioned North Carolina regulations as it relates to conduct on, over and about the private streets and roadways in the Property. These supplemental regulations will initially include but will not be limited to those set out hereinafter and Declarant reserves the right to adopt additional regulations or to modify previously promulgated regulations from time to time and to make such adoption or modification effective thirty (30) days after mailing notice to the Owners. 7.5 Easements for Declarant. During the period that Declarant owns any of the Lots, Declarant will have a right and easement on, over, through, under and across the Common Areas for the purpose of constructing Improvements on the Lots and for installing, maintaining, repairing and replacing other Improvements to the Property contemplated by this Declaration or as Declarant desires, in its sole discretion, and for the purpose of doing all things reasonably necessary and proper in connection therewith, provided in no ;vent will Declarant have the obligation to do any of the foregoing. 31 NPCOL1:794796.6-CA{EGM)033142-00000 BOOK 335 PAGE 475 7.5.1 Declarant's Easements for Non-Association Amenities and Additional Propertv There is hereby reserved for Declarant and its successors, assigns, and successors-in-title to the Additional Property and/or Non-Association Amenities, for the benefit of and as an appurtenant to the Additional Property and Non-Association Amenities to the extent granted by Declarant in an easement filed of record, perpetual, non-exclusive rights and easements for (a) pedestrian, vehicular, access, ingress, egress, parking over, across, within, and on all private roads, from time to time, located within the Common Areas or within easements serving the Common Areas, (b) the installation, maintenance, repair, replacement and use of utility facilities and distribution lines, including, without limitation, drainage systems, storm sewers and electrical, gas, telephone, water sewer, master television antenna and/or cable system lines, and (c) drainage and discharge of surface water onto and across the then existing Property, provided that such drainage and discharge shall not materially damage or affect the then existing Property or any improvements located thereon. To the extent any such usage involves utilization of roadways, the Association shall be entitled to charge an equitable amount (based on budgeted repair costs and reserve payments) to all additional users of the roadways, and to the extent any other usage of the easements increases the annual assessments of the Association, all persons utilizing such easement areas shall be obligated to remit reasonable amounts to the Association to reimburse the Association for the additional expenses so incurred. 7.6 Changes in Boundaries; Additions to Common Areas. Declarant expressly reserves the right to change and realign the boundaries of the Common Areas, the Non-Association Amenities and any unconveyed Lots between such adjacent properties owned by Declarant, provided that any such change or realignment of boundaries will not materially decrease the acreage of the Common Areas. Any such change shall be evidenced by a revision of or an addition to the Site Plan filed of record in Polk County, North Carolina. 7.7 Fire Breaks. There is hereby reserved for the benefit of Declarant and the Association a right and easement on and over and under any Lot or portion of the Common Areas to cut firebreaks and undertake other activities, which in the opinion of the holder are necessary or desirable to control fires. Entrance upon any real property pursuant to this provision will not be deemed a trespass. 7.8 Easements for Utilities. There is hereby reserved for the benefit of Declarant and the Association the right and easement, as well as the power to grant and accept easements to and from any public authority or agency, public service district, public or private utility or other person, upon, over, under and across (a) all of the Common Areas in accordance with this Declaration; (b) as shown on the Site Plan; (c) other such easement areas recited in any supplement to this Declaration adding Additional Property to the Property; and (d) on any Lot, but only within ten (10) feet of the boundary lines of any such Lot; with such right and easement to be utilized for the purpose of installing, replacing, repairing, maintaining and using master television antenna and/or cable systems, security and similar systems and all utilities, 32 NPCOL1:7947963-CA4EGM) 033142-00000 8" 335 PAGE 478 .including, but not limited to, storm sewers and drainage systems and electrical, gas, telephone, water, ;sewer, optical fiber and other communication lines. Such easements may be granted or accepted by Declarant or by the Association. To the extent practicable, all utility lines and facilities serving the Property and located therein will be located underground. By virtue of any such easement, it will be expressly permissible for the providing utility company or other supplier or servicer, with respect to the portions of the Property so encumbered, (i) to erect and maintain pipes, lines, manholes, pumps, and other necessary equipment and facilities, (ii) to cut and remove any trees, bushes, or shrubbery, (iii) to grade, excavate, or fill, or (iv) to take any other similar action reasonable necessary to provide economical and safe installation, maintenance, repair, replacement and use of such utilities and systems. 7.9 Easement for Trails and Signs. There is hereby reserved for the benefit of Declarant and the Association a right and easement upon, over and across all portions of the Common Areas on which improvements are not constructed or erected for the installation, maintenance and use as recreational hiking and bicycle pathways or trails ("trail system"), as well as for traffic directional signs and related improvements. The trail system shall not interfere with or inhibit the anticipated uses of the Common Areas. 7.10 General Association Easement. There is hereby reserved for the benefit of the Association and to any manager employed by the Association and any employees, agents or contractors of either a general right and easement to enter upon the Property, including any Lot, in the performance of their respective duties as specified in he Governing Documents. This includes providing insect and reptile control, mowing, removing, clearing, cutting, or pruning underbrush, weeds, stumps or other unsightly growth, installing, constructing, repairing, replacing and maintaining erosion control devices and removing trash, so as to maintain reasonable standards of health, fire safety and appearance within the Property, provided that such easements will not impose any duty or obligation upon the Association to perform any such actions, or to provide garbage or trash removal services. Except in the event of emergencies, this easement is to be exercised only during normal business hours and then, whenever practicable, only upon advance notice to and with permission of the Owner directly affected thereby. To the fullest extent practicable, this easement shall apply only to unimproved portions of any Lot and shall not materially and adversely affect any Dwellings. 7.11 Environmental Easement. There is hereby reserved for the benefit of Declarant and the Association a right and easement on, over and across all unimproved portions of the Property for the purpose of taking any action necessary to effect compliance with environmental rules, regulations and procedures from time to time promulgated or instituted by the Association or by any governmental entity, such easement to include, without limitation, the right to implement erosion control procedures and practices, the right to drain standing water, and the right to dispense pesticides. 7.12 Irrigation Wells and Pumps. There is hereby reserved for the benefit of Declarant and the Association, for the purpose of irrigating any portions of the Property, a right and easement (a) to pump water from lagoons, ponds 33 NPCOL1:794796.6-CA4EGM) 033142-00000 MW 335 PAGE 477 and other bodies of water located within the Property and (b) to drill, install, locate, maintain and use wells and pumps within the Common Areas. 7.13 Easement to Create View Corridors. There is hereby reserved for the benefit of Declarant and the Association a right and easement to selectively trim limbs and top out trees located on Lots of others and the Common Areas so as to provide view corridors through vegetation and trees for the benefit of Dwellings located in the vicinity, with all such trimming being subject to the approval of the ARC, which approval shall limit the trimming to appropriate vegetation, tree limbs and tops that will not materially and adversely affect the appearance of the subject Lot as reasonably determined by the ARC. 7.14 Easements Deemed Granted and Reserved. All conveyances of a Lot hereunder, whether by Declarant or otherwise, will be deemed to have granted and reserved, as the context will require, all easements set forth in this Declaration, including, but not limited to, those set forth in this article. All rights and easements described in this article shall be non-exclusive, perpetual and releasable and shall be assignable to any entity assuming the rights of Declarant under this Declaration. All rights and easements granted to Declarant in this article shall cease at the. end of the Declarant Control Period unless such rights and easements are assigned to the Association or survival is expressly provided in this Declaration. In the event the rights and easements in question extend beyond the Declaration Control Period, the same shall survive until Declarant no longer owns any Lots or other real estate in the Property. All rights and easements of Declarant may be utilized for the benefit of a Non-Association Amenities and may be assigned, in whole or in part, to any Person owning any Non-Association Amenity for continued utilization for the benefit of such Non-Association Amenities so long as the same shall be operating for the intended purposes. ARTICLE 8 OBLIGATIONS TO REBUILD 8.1 Insurance. The Declarant covenants with the Association on behalf of itself and on behalf of each subsequent Owner, and each Owner, by acceptance of a deed to a Lot, whether or not it shall be so expressed in said deed, is deemed to covenant as follows: 8.1.1 The Association shall obtain a general all-peril public liability policy and a blanket insurance policy equal to the full replacement value of any and all/or all generally insurable improvements constructed upon the Common Areas to the extent available. Said policy shall contain a replacement cost endorsement to provide insurance proceeds to cover the full cost of replacement of any insured structure, and said policy shall be consistent with the requirements of any mortgages or financing agreements to which the Common Areas and any improvements thereon may be subject. 34 NPCOL1:794796.6-CA{EGM) 03314240000 . . BOOK 335 PAGE 478 8.1.2 The Association shall apply the full amount of any insurance proceeds to the rebuilding or repair of any said improvement, subject to the concurrence of any mortgage or lien holder having a right to control the application of such proceeds. 8.1.3 Premiums for the group or blanket hazard insurance policy and the general public liability policy shall be a common expense and shall be collectible in the same manner and to the same extent as provided for annual and special assessments in Article 4. 8.1.4 All Owners shall, at their own expense, carry adequate hazard and homeowners insurance policies insuring the Dwelling and other Improvements on the Owner's Lot. 8.2 Association's Obligations. In the event any Improvements to the Common Areas are damaged or destroyed, the Association shall promptly proceed with repair or reconstruction to the fullest extent that funds are then available for such purpose. To the extent sufficient funds do not then exist, appropriate action shall be undertaken to complete repairs or reconstruction in.an orderly manner as funds become available from assessments as elsewhere provided in this Declaration, unless within 60 days after such casualty, the Board and Members representing at least sixty seven percent (67%) of the total votes of the Members of the Association shall otherwise agree. 8.3 Owner's Obli ations. In the event a Dwelling is damaged or destroyed and the Owner does not begin repair or reconstruction within thirty (30) days following the damage or destruction, the Owner shall remove or cause to be removed, at the Owner's expense, all debris from the Lot, so that it shall be placed in a neat, clean and safe condition and if Owner fails to do so, the Association may cause the debris to be removed, and the cost of removal shall constitute a lien upon the Lot until paid by the Owner and may be foreclosed in the same manner set forth in Article 4 for liens for assessments. 8.3.1 Any Dwelling which has been destroyed in whole or in part by fire or other casualty shall be subject to the provisions of this Declaration requiring ARC approval but in any event may be restored or reconstructed to substantially the same condition that existed prior to casualty. 8.4 Condemnation. If any part of the Common Areas shall be taken or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least sixty seven percent (67%) of the total votes of the Members in the Association or by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Areas on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Areas to the extent available, unless within 60 days after such :aking, the Board and Members representing at least 67% of the total votes of the Members of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by 35 NPCOL1:794796.6-CAgEGM) 033142-00000 . 4 M 335 PAGE 479 the Board. The provisions regarding funds for the repair of damage or destruction in the event of a casualty shall apply equally to this section. If the taking or conveyance does not involve any improvements on the Common Areas, or if a decision is made not to repair or restore or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. ARTICLE 9 RIGHT OF FIRST REFUSAL 9.1 Lot Purchase Option. The Declarant will have the right and option to purchase any Lot or Dwelling that is offered for sale by the Owner thereof, such option to be at the price and on the terms and conditions of any bona fide offer therefor which is acceptable to such Owner and which is made in writing to such Owner by a prospective purchaser capable of consummating the subject transaction for his own account (the "Prospective Purchaser'. The Owner will promptly submit a copy of the same to Declarant, and Declarant will have a period of ten (10) business days (exclusive of Saturday, Sunday and Federal holidays) from and after receipt of such offer in which to exercise its purchase option by giving such Owner written notice of such exercise in accordance with this section. If Declarant fails to respond or to .-xercise such purchase option within the said ten (10) business day period, Declarant will be deemed to have waived such purchase option. If Declarant responds by declining to exercise such option, Declarant will execute an instrument evidencing its waiver of its repurchase option, which instrument will be in recordable form. In the event that Declarant does not exercise its purchase option and such sale to the Prospective Purchaser is not consummated on such terms and conditions set forth in the bona fide offer within six (6) months of the date in which the offer is transmitted to Declarant, or within the period of time set forth in such bona fide offer, whichever is later, the terms and limitations of this section will again be imposed upon any sale by such Owner. If Declarant elects to purchase, the transaction will be consummated within the period of time set for closing in said bona fide offer, or within thirty (30) days following delivery of written notice by Declarant to such Owner of Declarant's decision to so purchase such Lot or Dwelling, whichever is later. This right of first refusal may be assigned by Declarant to the Association, whereupon the Association or its designee shall be entitled to exercise the option set forth herein. 9.2 Inter-family Transfers. Any Owner may sell or convey his Lot to his spouse, to his lineal descendant, or to any trust in which his spouse and/or lineal descendants are the beneficiaries of a majority of the corpus or any entity in which more than fifty (50%) percent of the beneficial and voting interests are owned by the Owner's spouse, his lineal descendants or a trust created for their benefit, without first offering said Lot for sale to Declarant as provided above. 36 NPCOL1:794796.6-CA- EGM)033142-00000 t . 1 4 W 335 PAGE 1W 9.3 Mortgage. Any Owner may convey his Lot by mortgage or deed of trust for the purpose of obtaining a bona fide loan to be secured by such Lot without first offering said Lot for sale to Declarant as provided above; provided, however, that in the event of a foreclosure of such mortgage or deed of trust by the holder thereof, a copy of the notice of sale shall be delivered to Declarant at least twenty (20) days prior to the date of the sale. ARTICLE 10 NON-ASSOCIATION AMENITIES 10.1 General. Neither membership in the Association nor ownership or occupancy of a Lot shall confer any ownership interest in or right to use any Non-Association Amenity. Rights to use the Non- Association Amenities will be granted only to such persons, and on such terms and conditions, as may be determined from time to time by the respective owners of the Non-Association Amenities. 10.2 View Impairment. Neither the Declarant, the Association, nor the owner of any Non-Association Amenity, guarantees or represents that any view from Lots over and across any Non-Association Amenity, the Common Areas or any public facilities will be preserved without impairment. The owners of such property shall have no obligation to prune or thin trees or other landscaping and shall have the right, in their sole and absolute discretion, to add trees and other landscaping to the Non-Association Amenities, the Common Areas or the public facilities from time to time. In addition, the owner of any Non- Association Amenity, which includes any Golf Facilities, may, in its sole and absolute discretion, change the location, configuration, size and elevation of the trees, bunkers, fairways and greens from time to time. Any such additions or changes may diminish or obstruct any view from the Lot and any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed. 10.3 Rights of Access. There is hereby established for the benefit of the Non-Association Amenities and their members (regardless of whether such members are Owners hereunder), guests, invitees, employees, agents, contractors, and designees, a right and nonexclusive easement of access and use over all roadways located within the Property reasonably necessary to travel between the entrance to the Property and the Non-Association Amenities (including all maintenance areas, irrigation areas and other portions thereof) and over those portions of the Property (whether Common Areas or otherwise) reasonably necessary to the operation, maintenance, repair, and replacement of the Non-Association Amenities. 37 NPCOL1:794796.6-CA{EGM) 033142-00000 1 • BOOK 3351 PAGE 481. 10.4 Agreement to Share Costs. The Association may enter into a contractual arrangement with any Non-Association Amenity obligating the Non-Association Amenity or the Association to contribute funds for, among other things, shared property or services and/or a higher level of Common Areas maintenance in specific areas. 10.5 Architectural Control. Neither the Association, nor any committee thereof, shall approve or permit any construction, addition, alteration, change or installation on or to any portion of the Property, which is adjacent to, or otherwise in the direct line of sight of, any Non-Association Amenity without giving the Non-Association Amenity at least 15 days' prior notice of its intent to approve or permit the same, together with copies of the request and all other documents and information finally submitted in such regard. The Non-Association Amenity shall then have 15 days to continent thereon and request disapproval of the proposal in whole or in part in writing delivered to the appropriate committee or Association. If disapproval is requested, specific details as to the basis for such request shall be provided and alternate solutions proposed to the extent practicable. This section shall also apply to any work on the Common Areas. 10.6 Use Restrictions. Upon request of the owner of any Non-Association Amenity, the Association shall .enforce its use restrictions and Rules and Regulations against any Owner or Occupant violating the same within such Non-Association Amenity. 10.7 Limitations on Amendments. In recognition of the fact that the provisions of this article are for the benefit of the Non- Association Amenity, no amendment to this article, and no amendment in derogation of any other provisions of this Declaration benefitting any Non-Association Amenity, may be made without the approval of such benefitted Non-Association Amenity. The foregoing shall not apply, however, to amendments made by the Declarant. 10.8 Jurisdiction and Coo erp ation. It is the Declarant's intention that the Association and the Non-Association Amenities shall cooperate to the maximum extent possible in the operation of the Property and the Non- Association Amenities. Each shall reasonably assist the other in upholding the general standard of the community as it pertains to maintenance and the Design Guidelines. The Association shall have no power to promulgate use restrictions or rules affecting activities on or use of the Non-Association Amenities without the prior consent of the owner of the Non-Association Amenities affected thereby. 10.9 Application of this Declaration. This Declaration shall not be applicable to the real property upon which any Non- Association Amenities are located even if included in the Property; provided, however, that if contained within the Property, the use of the subject real estate shall be limited to the activities reasonably related 38 NPCOL1:794796.6-CA4EGM) 033142-00000 % i 335 PAGE 482 directly or indirectly to the recreational use to which such Non-Association Amenities were designed; and the maintenance of all improvements utilized for the Non-Association Amenities shall at all times be in keeping with prevailing maintenance practices for amenities located in first class residential developments similar to Bright's Creek. In this regard, the owner of the golf course may construct a lodge, cabins and/or other similar facilities to be occupied primarily for the overnight lodging of persons utilizing the golf facilities. ARTICLE 11 GENERAL PROVISIONS 11.1 Control of Declarant. NOTWITHSTANDING ANY OTHER LANGUAGE OR PROVISION TO THE CONTRARY IN THIS DECLARATION, IN THE ARTICLES OF INCORPORATION OR IN THE BY-LAWS OF THE ASSOCIATION, Declarant hereby retains for the duration of the Declarant Control Period the right to appoint and remove any member or members of the Board of Directors and any officer or officers of the Association. 11.1.1 Creation of New Board. Upon the expiration of the Declarant Control Period, election of the Board will ;pass to the Members as provided in the By-Laws. Following election of a new Board of Directors, 'Declarant will deliver all books,. accounts and records, if any, which Declarant has kept on behalf of the Association and any agreements or.contracts executed by or on behalf of the Association during such period and which Declarant has in its possession. 11.2 Amendments by Declarant. During the Declarant Control Period, Declarant may amend this Declaration or the By- Laws by an instrument in writing filed of record without the approval of any Owner or Mortgagee; provided, however, that, (a) in the event that such amendment has a material adverse effect upon any Owner's rights hereunder or adversely affects the title to any Lot or Dwelling, such amendment will be valid only upon the written consent thereto by a majority in number of the then existing Owners affected thereby, and (b) in the event that such amendment would materially and adversely affect the security title and interest of any Mortgagee, such amendment will be valid only upon the written consent thereto of all such Mortgagees so affected. Any amendment made pursuant to this section will be certified by Declarant as having been duly approved by Declarant, and by such Owners and Mortgagees if required, and will be effective only upon it being filed of record or at such later date as will be specified in the amendment itself. Following the Declarant Control Period, this Declaration and the By-Laws may be amended solely by Declarant filing same of record if such amendment is necessary, in the reasonable determination of Declarant, (i) to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which will be in conflict therewith, (ii) to enable any reputable title insurance company to 39 NPG0L1:794796.6-CA{EGM) 033142-00000 a , , WOK 335 PAGE 483 issue title insurance coverage with respect to any properties subject to this Declaration, (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Horne Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any properties subject to this Declaration, or (iv) to enable any governmental agency or reputable private insurance company to insure Mortgages on the properties or other improvements subject to this Declaration. Each Owner by acceptance of a deed or other conveyance of a Lot or Dwelling agrees to be bound by amendments authorized by this section without the consent of Owners and further agrees, if requested by Declarant, such Owner will provide written consent to such amendment. 11.3 Amendments by the Association. Amendments to this Declaration or the By-Laws, other than those authorized by Section 11.2 hereof, will be proposed and adopted in the following manner: 11.3.1 Notice of the subject matter of the proposed amendment will be included in the notice of the meeting of the Association at which such proposed amendment is to be considered and will be delivered to each Member of the Association. 11.3.2 At such meeting, a resolution adopting a proposed amendment may be proposed by either the Board of Directors or Members of the Association. Such amendment must be approved by sixty-seven percent (67%) or more of the votes of the entire Association, by Referendum or at a duly held meeting of Members called for the purpose of approving a proposed amendment, which percentage 'will also constitute the quorum required for any such meeting; provided, however, (i) that any amendment which materially and adversely affects the security title and interest of any Mortgagee must be approved by such Mortgagee; (ii) during the Declarant Control Period, such amendment must be approved by Declarant; and (iii) in the event that such amendment also is an amendment to the By- Laws, the amendment will be adopted pursuant to the applicable procedures of the Act. 11.3.3 The agreement of the required percentage of the Owners and, where required, Declarant and any Mortgagee, to any amendment of this Declaration pursuant to this section will be evidenced by their execution of such amendment, or, in the alternative, the sworn statement of the President of the Association attached to or incorporated in the amendment executed by the Association, which sworn statement will state unequivocally that the agreement of the required parties was lawfully obtained. Any such amendment of this Declaration will become effective only when filed of record or at such later date as may be specified in the amendment itself. Anything contained in this section to the contrary notwithstanding, no amendment under this Declaration shall be made, or any vote therefor effective, if the result or effect thereof would have a material adverse effect upon Declarant or any right, limitation, approval or easement of Declarant without the prior written approval of Declarant. 11.4 Duration. The provisions of this Declaration will run with and bind title to the Property, will be binding upon and inure to the benefit of all Owners and Mortgagees, and will be and remain in effect for a period of thirty (30) years from and after the date this Declaration is filed of record, provided that 40 NPC0L1:794796.6-GA{EGM) 033142-00000 0 ( ? 6 BOOK 335 PAGE 484 rights and easements which are stated herein to have a longer duration will have such longer duration. Upon the expiration of said thirty (30)-year period, this Declaration will be automatically renewed for successive ten (10)-year periods. The number of ten (10)-year renewal periods will be unlimited, with this Declaration being automatically renewed and extended upon the expiration of each ten (10)-year renewal period for an additional ten (10)-year period; provided, however, that there will be no renewal or extension of this Declaration, if, during the last year of an initial thirty (30)-year period or the last year of-any ten (10)-year renewal period, 75% or more of the votes of the entire Association, by Referendum or at a duly held meeting of Members called for the purpose of approving the proceeding, which percentage will also constitute the quorum required, approve terminating this Declaration at the end of the then current term. In the event that the Association votes to terminate this Declaration, an instrument evidencing such termination will be filed of record, such instrument to contain a certificate wherein the President of the Association swears that such termination was duly adopted by the requisite number of votes. Every purchaser or grantee of any interest in any Property, by acceptance of a deed or other conveyance therefor, thereby agrees that the provisions of this Declaration will run with and bind title to the Property as provided hereby. 11.5 Interpretation. In all cases, the provisions set forth or provided for in this Declaration will be construed together and given that interpretation or construction which, in the opinion of Declarant or the Board of Directors, will best effect the intent of the general plan of development. The provisions hereof will be liberally interpreted and, if necessary, they will be so extended or enlarged by implication as to make them fully effective. The provisions of this Declaration will be given full force and effect .notwithstanding the existence of any zoning ordinance or building codes that are less restrictive. The effective date of this Declaration will be the date of its filing of record. The captions of each article and section hereof as to the contents of each article and section are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular article or section to which they refer. 11.6 No Affirmative Obligation Unless Stated. ANY RESERVATION OR RIGHT OF THE DECLARANT WHICH IS STATED IN OR IMPLIED FROM THIS DECLARATION WILL NOT GIVE RISE TO ANY AFFIRMATIVE OBLIGATION OR DUTY ON THE PART OF THE DECLARANT UNLESS EXPRESSLY STATED IN THIS DECLARATION. 11.7 No Implied Liabilities or Duties. ANY RULES OR REGULATIONS ESTABLISHED BY THE DECLARANT PURSUANT TO THIS DECLARATION WILL NOT EXPRESSLY OR IMPLIEDLY CREATE ANY DUTY OF CARE TO ANY PROPERTY OWNER. 11.8 Gender and Grammar. The singular wherever used herein will be construed to mean the plural when applicable, -and the necessary grammatical changes required to make the provisions hereof apply either to 41 NPCOL1:794796.6-CA{EGM) 033142-00000 ¦ < r • M 335 PAGE 4M corporations or other entities or to individuals, men or women, will in all cases be assumed as though.in each case fully expressed. 11.9 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property will be prohibited or held invalid, such prohibition or invalidity will not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end, the provisions of this Declaration are declared to be severable. 11.14 Rights of Third Parties. This Declaration will be filed of record for the benefit of Declarant, the Owners, and their Mortgagees as herein provided, and by such recording, no adjoining property owner or third party will have any right, title or interest whatsoever in the Property, except as provided herein, or in the operation or continuation thereof or in the enforcement of any of the provisions hereof, and, subject to the rights of Declarant and Mortgagees as herein provided, the Owners will have the right to extend, modify, amend or otherwise change the provisions of this Declaration without the consent, permission or approval of any adjoining owner or third party. 11.11 No Trespass. Whenever the Association, Declarant, or the ARC or any authorized Persons are permitted by this Declaration to enter upon, correct, repair, clean, maintain, preserve, or do any other action within any portion of the Property, the entering thereon and the taking of such action will not deem to be a trespass. 11.12 Notices. Notices required hereunder shall be in writing and shall be delivered by hand or sent by United States Mail, postage prepaid. All notices to Owners shall be delivered or sent to such addresses as have been designated in writing to the Association, or if no address has been so designated, at the addresses of such Owners' respective Lots. All notices to the Association shall be delivered or sent in care of Declarant to Declarant's main office, 2222 Palmer Road, Mill Spring, North Carolina 28756, or to such other address as the Association may from time to time notify the Owners. All notices to Declarant will be delivered or sent to Declarant's main office, 2222 Palmer Road, Mill Spring, North Carolina 28756, or to such other address as Declarant may from time to time notify the Association. Notices to Mortgagees will be delivered or sent to such addresses as such Mortgagees specify in writing to the Association. Notices to any other person or persons entitled to same hereunder will be delivered or sent to such address or addresses as such person or persons specify, from time to time, in writing to the sender, or, in the absence thereof, to such address or addresses as will, in the exercise of reasonable judgment by the sender, allow notices to be received by such person or persons. 11.13 Benefit and Standinu. This Declaration is intended to protect the interests of the Association, the Owners and Occupants and all other Persons having an economic in the Property. The provisions of this Declaration shall be enforced in a reasonable manner, as deemed appropriate by the 42 NPCOL1:794796.6-CA{EGM) 033142-00000 4 e 1 w 900K 335 PAGE 4W Board of Directors, on behalf of all benefited Persons. Any Owner or Occupant shall have the right to -require the Association to take action with respect to all material violations of this Declaration in a manner consistent with normal property management activities of first class residential communities located in North Carolina. 11.14 Dispute Resolution Costs. Should any litigation arise out of or related to the Governing Documents, the prevailing party shall be entitled to recover from the non-prevailing party reasonable legal fees and direct costs incurred in resolution of the legal proceeding (including collection of all amounts due hereunder). 11.15 Governing Law. This Declaration will be construed under and in accordance with the laws of the State of North Carolina. [Remainder of Page Purposely Left Blank] 43 NPCOL1:794796.6-CA4EGM) 033142-00000 a c.0 s -ROOK 335 PAGE 487 IN WITNESS WHEREOF, the undersigned, Declarant herein, has hereby caused this instrument to be executed to be effective as of the I Yday of DG C o tft, 20 o,(' (the "Effective Date") Bright's Creek Holdings, LLC, a North Carolina limited liability company By: Bright's Creek Development, LLC Its: Manager By: -X / ?4 Name: N. Barton Tuck, Jr. Its: CEO STATE OF ICI CAROLINA 'COUNTY OF ?->A4- lk ?.QQ.%_- ACKNOWLEDGMENT I ? -Voo° 9- c- t4 1• A-. a Notary Public for North Carolina, do hereby certify that CEO of Bright's Creek Development, LLC, Manager of Bright's Creek Holdings, LLC, a North Carolina limited liability company, personally appeared before me this day.?and kcknowledged the due execution of the foregoing instrument. zr, ` % %• _. .. 1 L Q .2005. WTTNE, lynii'"and seal this day of C- A Le x.,. 44 NPCOL1:794796.6-CA4EGM) 033142-Doooo •*.rA W 335 PAGE 1M EXHIBIT "All Legal Description of the Property (Phase D Being all of that property shown on the following Plats of Bright's Creek, Phase 1 all recorded in the Polk County Public Registry: Card File and Page Card File E at Page 1166 Card File E at Page 1167 Card File E at Page 1168 Card File E at Page 1169 Card File E at Page 1222 Card File E at Page 1223 Card File E at Page 1224 Card File E at Page 1225 Card File E at Page 1226 Card File E at Page 1227 Card File E at Page 1228 Card File E at Page 1229 Card File E at Page 1230 Card File E at Page 1231 Card File E at Page 1232 1 NPCOL1:794796.6-CA{EGM) 033142-00000 O?OF W AT f January 25, 2006 EXPRESS REVIEW ACCEPTANCE LETTER Mr. Barton Tuck 117 Manly Street, Suite 200 Greenville, SC 29601 Subject Property: Bright's Creek Golf Course: Maintenance Facility Polk County On January 24, 2006, the Wetlands/401 Unit of the Division of Water Quality received a Fax/email request from Mr. Will Rector, ClearWater Environmental Consultants, Inc/Clement Riddle and Woolpert, Inc., regarding a project known as "Bright's Creek Golf Course" for acceptance into the Express Review Program. This letter advises you that your project will be accepted into the Express Review Program once the following items are received: a. The application fee of $2,000.00 made payable to the North Carolina Division of Water Quality; b. Three (3) complete and collated copies of the Express Review Stormwater Management Plan Application; and c. Three (3) copies of all supporting information pertaining to this project (site development plans, stormwater management plans, worksheets, etc.); d. One original and 2 copies of an Operation & Maintenance Agreement for the stormwater management facilities; Details of the Express Review Program requirements can be found at: http://h2o.enr.state.nc.us/ncwedands/express_review.htm. Additionally, before you submit the application package, you may want to review the requirements for NW 39/General Water Quality Certification No. 3402 at: htty://h2o.enr.state.nc.us/ncwetlands/GC3402.pdf, especially in regard to Condition 4 regarding the stormwater management plans and best management practices required for particular water quality classifications. Due to your location in a trout county, you are advised that thermal pollution as well as nutrients will be of particular concern m your stormwater management plan. Please keep in mind that the clock for this project will not start until receipt of the completed application package and required fee are received. If you have any questions or wish to discuss these matters further please do not hesitate to call Cyndi Karoly at 919-733-9721 or Cynthia Van Der Wiele at 919-715-3473. Sincerely, C: Cyndi B. Karoly, Manager NCDWQ 401/Express Review Oversite CBK/cvdw cc: DWQ Asheville Regional Office File copy Central Files Will Rector, Woolpert, Inc., 148 River Street, Suite 220, Greenville, SC 29601-2606 Now Carolina 401 Wetlands Certification Unit Nturullty 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: httv://h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William 0. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper t 01.'?4/06 _16:17 FAT 8644219909 Fletcher Group Inc 10002 EY-P o3 -- t to as LXA, 3 INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM WITHIN THE 401 OVERSITEJEXPRESS PERMITTING UNIT September 1, 2004 Version 3 =J Applicant Name: Barton Tuck Applicant Address: 117 Manly Street Suite 200 Greenville South Carolina 29601 Applicant's phone number: 864 672-4651 Fax number: 864 672-0026 Applicant's email address: _ Consultant Name (if applicable): ClearWater Environmental Consultants INC.-Clement Riddle and Wool pert, Will Rector Consultant address (if applicable): 148 River St. Suite 220 Greenville SC 29601 Consultant's phone number: ClearWater 828.698.9800 Wool rt 864.527.4657 Fax number: ClearWater (828 698 9803) Woolpert (.864 421 9909) Consultant's email address: ClearWater (criddle( ewenv com) Woolpert (William Rector@woolpert.com) Type of action requested under the Express Review Progran ? 401 Water Quality Certification ? ? Isolated Wetland Permit _ ? Riparian Buffer Approval ? Stormwater Management Plan ? Mitigation Plan ? Stream ? Wetland ? Buffers (check all appropriate) i (check all that apply): Stream Origin Determination # of Determinations Requested Intermittent/Perennial Determination # of Determinations Requested Name of Project: Bright's Creek Golf Course' Maintenance Facility County: Polk Count Total project acreage: 1.4 (acres) Total built out impervious area: 0.98 (acres) Nearest named stream (from USGS topo map): _Bright's Creek Please provide a brief description of this project (attach site plan if available): The goal of this ro'ect is to address Condition #7 located in the 401 Certification. DWQ# 03-1625. Condition # 7 states that a Stormwater Managemeni Plan shall be implemented before any building is occupied. These re uirements are attempting to be met b a written stormwater plan and the design of a water uali system to treat runoff from maintenance facility area. Please attach a map of site location using USGS 1:24,000 map and county soil survey. Attached TAN-24-2:006 TUE 16:12 TEL:9197336893 NAME:DWO-WETLANDS P. 2 01/24/06 16:17 FAX 8644219909 Fletcher Group Inc e - LO 003 Location of project site - please include reference to the county, nearest name town and highway number: From Asheville take Interstate 26 east towards South Carolina Take exit 28 (Saluda exit . At the bottom of the exit ram take a left and o under I-26. You are now on Holbert Cove Road. Sta on Holbert Cove Road until you come to a "T" intersection Take a left onto state route 1138. Go a roximatel 1.5 miles. Inunediatel after crossin brid e over the Green River take a left onto Palmer Road. Sta on Palmer Road for several milts and it oes into Bri is Creek. Proposed impacts: Acres of 404 wetlands: N/A Acres of isolated wetlands: N/A Linear feet of streams: NIA Linear feet of isolated streams: N/A Square feet of protected stream buffers: N/A Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list which ones. No Has any DWQ staff visited the site? Yes if yes, please provide DWQ siaff name, Kevin Barnett has visit Bright's Creek on 2 occasions and date of visit: Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing agencies below: NCDWQ 401 certification issued January 6 2004 Modified May 26 2005 Section 404 Permit issued Feb 27 2004 Modified June 13 2005 Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act? No Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ? No Does this project require approval of a Variance from the NC Environmental Management Commission? No Are you aware of any local controversy concerning this project? If so, please describe the controversy and any measures that have been taken with respect to public involvement. We are not aware of an controversy with this ro'ect. This form must be submitted via email (Go 401expre§§Dncmail net faxed (919-733-6893) or hand-delivered to the Parkview Building, 2321 Crabtree Blvd., Raleigh, NC 27604. Applicants who are selected to participate in the Express Review Program will be notified via email or fax within 2 days. Successful applicants will then be instructed regarding detailed procedures for full application (Please Note: Submittals of the review packages on Friday after 12:00 pm will be stamped as received on the next business day). Please contact Cynthia Van Der Wiele at 919-715-3473 if you have any questions regarding this form. 2 JAN-24-2006 TIDE 16:13 TEL:9197336893 NAME: DWQ-WETLAND'S P. 3 01/24/06 16:17 FAY 8644219909 Fletcher Group Inc 4004 C1earWater USGS Topographic Map Bright's Creek Environmental Consultants, Inc. Polk County, 224 S. Grove Street, Ste F Cliffield Mountain Quad Hendersonville, NC 28792 North Carolina 828.698-9800 JAN-24-8886 TUE 16:13 TEL:9197336893 NAME:DWO-WETLANDS P. 4 a , S , cl x z d W o ?kD z N l?1 CD 7 ? p a? ooN ?? ? 00 ? n b O O ? b b via o A V ?C ti p?p SGNU-l13M-JMG:3WUN 26892216T6:-131 t?T:9T 3ni goo2-t72-Ho S00z oul dnOJ9 aagDIOTd 6066TZbt,98 TFd 6T:9T 90/VZ/TO 06 16:16 FAT 8644219909 Fletcher Group Inc Woolpert Fax If you do not receive the number of pages listed below, VWYOMOLPERT please call sender or Woolpert at 864.421.9999 To: 401 Express Review Program Company: NCDWQ Fax Number: 919-733-6893 Pages Sent: 5 (Including cover page) From: Will Rector Woolpert, Inc. Department: WM order Number: 009001WM Date: January 25,2006 Notes: To whom it may concern, attached is the 401 Express Review Application concerning Bright's Creek Golf Course in Palk County. WOOLPERT, Inc, 148 River Street, Suite 220 - Greenville, South Carolina 29601-2606 864.421.9999 - Fax 864.421.9909 • www.wcolpert.com Fool JAN-24-2006 TIDE 16:12 TEL:9197336893 NAME:DWO-WETLANDS P. 1 Z 3 2 A -j L3 L3 Ln h-j L-i Lr 0 0 0 0 L3 .A Ln Ln m w Ln 7 V D d oyo - mo X33 - C a E r ?. ? m w m (m 0 w? 1 CD CO n M; v?Erg(I N tj, CD w Ef 3 a?iv - o d aN v1 0 0 v?(D ag . C ? io CD y ?? j 0.Co O m 3 .0 m ? o g m m m m m A CD co cto ?? g m at? Ng m M 0 ? 9' CD w a SQ sa t"s s:, t C Z m m C c a m cm w w ? n ? (D nI'D? N (D < to M O X O e p E? o CD CD w En 0 G? G DD ?y CD 10 N ? Vi R O O a 3 U! cr Elm. O k • • ,'G) o