20040719 Ver 1_COMPLETE FILE_20040503

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 21, 2004
Mr. Larry Witek
First Capital Investments
1121 Situs Court, Suite 390
Raleigh, NC 27606
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-0719
Wake County
Page 1 of 3
Subject Property: Park Grove Subdivision, Cairns Drive Stream/Wetland Crossing
Old Powell Road (SR1111), Fuquay-Varina, NC
UT to Basal Creek (Bass Lake / Mills Pond) [03-04-03, 2743-15-(3), B NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Witek:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.334 acres of wetlands, 95 feet of perennial streams and 7,000 square feet
(ft2) of protected riparian buffers for the purpose of constructing the proposed Cairns Drive at the subject
property, as described within your application dated April 28, 2004, received by the N.C. Division of
Water Quality (DWQ) on May 3, 2004 and including additional information received on July 2, 2004,
August 4, 2004 and September 3, 2004. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The
Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of
Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
a
1. Impacts Approved - The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts
are approved including incidental impacts:
None Carolina
401 Wetlands Certification Unit Natumliff
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httv//h2o.enr.state.nc.us/ncwetlands
Mr. Larry Witek
Page 2 of 3
September 21, 2004
Amount Approved
(Units) Plan Location or Reference
Stream 95 (feet)
404 Wetlands 0.334 (acres)
Buffers 7,000 (square ft.)
2. Diffuse Flow (DWQ Reviewed Plans) - All stormwater shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers and will not re-concentrate before discharging
into the stream as identified within 15A NCAC 2B .0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0233(5)),
you have provided the DWQ with level spreader designs provided within the additional information
dated August 3, 2004 and received by the DWQ on August 4, 2004. The DWQ believes that if
implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow as per 15A
NCAC 02B .0233(5) is not achieved, then the DWQ shall be notified and corrective actions to restore
diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall
stormwater from the proposed development be piped directly through the buffer without prior DWQ
written authorization.
The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stomwater practices shall be made without
written authorization from the Division of Water Quality. Stormwater easements shall be recorded
for a distance of at least 10 feet on each side of all stormwater conveyances and level spreaders on all
lots containing these structures including future access for maintenance. The stormwater easements
shall allow for the ability to maintain the structures, perform corrective actions as described above
and shall provide protection of the structures from potential alternations by future property owners.
An Operation & Maintenance (O&M) agreement signed by the current landowner must be approved
by the DWQ. This O&M agreement must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities and the DWQ must be notified of every transfer.
3. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
4. No Waste, Spoil, Solids, or Fill of Any Kind - No waste, spoil, solids, or fill of any kind shall occur
in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-
Construction Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall be performed
so that no violations of state water quality standards, statutes, or rules occur.
Mr. Larry Witek
Page 3 of 3
September 21, 2004
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and erosion
control measures shall not be placed in wetlands or waters to the maximum extent practicable. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project.
6. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality
Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
AW K/JRD/bz
Enclosures: GC 3404
Certificate of Completion
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Gerald P ottern, Robert J. Goldstein & Associates, 8480 Garvey Dr., Raleigh, NC 27616
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 040719
W-V- GIV-dVE -FV) LLc-
d1o First Capital Investments, LLC
1121 Situs Court, Suite 390
Raleigh, NC 27606
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THESE ARE TRANSMITTED AS CHECKED BELOW:
For Approval
-For Your Use
As Requested
-For Review & Comments
-Approved as Submitted
-Approved as Noted
-Returned for Corrections
-Plans Returned
-Resubmit Copies for Approval
-Submit Copies for Distribution
-Return Corrected Prints
Other:
REMARKS: :Ijb jgkIlLd gE• law LP&r 11-EI im- ?(o,Lj 1Z6QVI0E
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Copy To:
Signe 4t?
WAKE COUNTY, NC 715
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
08/31/2004 AT 14:59:24
NpS?401GR0Up BOOK:010996 PAGE:01686 - 01719
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Prepared by/Return to: Park Grove-FV, LLC
c/o First Capital Investments, LLC
1121 Situs Court, Suite 390
Raleigh, NC 27606
NORTH CAROLINA
WAKE COUNTY
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
PARK GROVE
14
THIS DECLARATION, made on this 30 day of AU&t. , 2004 by Phrk Grove-FV,
LLC, a North Carolina limited liability company, hereinafter referred to as the "Declarant;"
WITNESSETH:
WHEREAS, Declarant is the Owner of the real property described in Exhibit "A"
attached hereto and incorporated herein by reference, said property to be known as Park Grove
(the "Property"), Declarant intends by this Declaration to impose upon the Property mutually
beneficial restrictions under a general plan of improvement for the benefit of all Owners of
residential Property within Park Grove, the neighborhood is made subject to this Declaration and
amendments thereto by the recording of this Declaration among the Land Records of Wake
County, and Declarant desires to provide a flexible and reasonable procedure for the overall
development of the Property and to establish a method for the administration, maintenance,
preservation, use and enjoyment of such Property as is now or may hereafter be subjected to this
Declaration.
WHEREAS, Declarant will convey the Property, subject to certain protective covenants,
conditions, restrictions, reservations, liens and charges as hereinafter set forth;
NOW, THEREFORE, Declarant hereby declares that all of the Property described above
and any additional Property as may, by Subsequent Amendment, be added to and subjected to
this Declaration, shall be held, sold, used, transferred, occupied and conveyed subject to the
following easements, restrictions, covenants and conditions, all of which are for the purpose of
enhancing and protecting the value, desirability, and attractiveness of the Property. These
easements, covenants, restrictions, and conditions shall run with the Property and shall be
binding on all parties having or acquiring any right, title or interest in the Property or any part
thereof, their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit of
Owner thereof.
ARTICLE 1
DEFINITIONS
Section 1. "Additional Land" or "Additional Properties" shall mean and refer to
additional real property subject to Declarant's unilateral right of annexation as provided
elsewhere in this Declaration, which real property is more particularly described in Exhibit "B",
attached hereto and incorporated throughout this Declaration by reference as well as any other
real property which may be properly made subject to this Declaration.
Section 2. "Amenities" means the facilities, if any, constructed, erected or installed on
the Common Areas.
Section 3. "Architectural Review Committee" means a committee of three Members
appointed by the Board of Directors.
Section 4. "Articles" means the Articles of Incorporation of Homeowners Association of
Park Grove, Inc.
Section 5. "Association" means Homeowners Association of Park Grove, Inc., a
nonprofit corporation, its successors and assigns.
Section 6. "Board of Directors" or "Board" means those Persons elected or appointed
and acting collectively as the Directors of the Association.
Section 7. "Builder" or "Builders" shall mean any licensed Builder owning a Lot or Lots.
Section 8. "Building" means a structure or other Amenities constructed or erected on the
Property.
Section 9. "Bylaws" means the Bylaws of Homeowners Association of Park Grove, Inc.
Section 10. "Collector Streets" shall mean those streets within the subdivision that have
a dedicated fifty-foot (50') public right-of-way as shown on the recorded plat maps for Park
Grove subdivision.
Section 11. "Common Area" shall mean all real property (including the improvements
thereto) owned by the Association and the easements granted thereto for the common use and
enjoyment of the Owners. The Common Area to be owned by the Association shall be described
in deeds or other documents to the Association and designated as such on recorded maps of the
Property. Common Areas shall include, without limitation, common properties, dedicated open
spaces, landscape easements, landscaped medians, sign easements, sewer and water lines not
2
located within any public easement of public street right-of-way and serving more than one lot,
and any stormwater drainage lines, ponds, stormwater easements, or facilities serving more than
one lot and not located within any public street right-of-way nor otherwise maintained by any
governmental authority.
Section 12. "Common Expenses" shall mean and include the actual and estimated
expenses of operating the Association, including any reasonable reserve, as may be found to be
necessary and appropriate by the Board pursuant to this Declaration, the Bylaws, and the Articles
of Incorporation of the Association. Common Expenses include, but are not limited to the
following:
A. All sums lawfully assessed by the Association against its Members;
B. Expenses of administration, maintenance, repair or replacement of the Common
Area;
C. Expenses declared to be Common Expenses by the provisions of this Declaration
or the Bylaws;
D. Expenses agreed to by the Members of the Association;
E. Expenses for maintenance of lights, etc., as provided in this Declaration;
F. Expenses for the maintenance, repair and reconstruction of Stormwater Control
Measures in accordance with the Operations and Maintenance Manual and Budget
attached hereto as Exhibit "C", which is fully incorporated herein by reference;
G. Maintenance of the areas between the sidewalk and the back of the curb on all
Collector Streets, which maintenance includes the trees planted therein and the
replacements thereof, if necessary, as well as the mowing and maintenance of the
grass therein;
H. Maintenance and replacement/repair costs of the entrance island and other
entrance features including, but not limited to, signage, stone walls or columns,
lighting, landscaping (including the landscape screening planted under the
Progress Energy overhead power line easement which parallels Old Powell
Road), irrigation and other costs associated with the above;
Hazard, liability or such other insurance premiums as the Declaration or the
Bylaws may require or authorize the Association to purchase;
J. Ad valorem taxes and public assessments charges lawfully levied against
Common Area ;
K. Unpaid assessments resulting from the purchase of a Lot at a foreclosure sale
(such assessments shall be collectible from all Members of the association,
including the purchaser of the foreclosure sale, his successors and assigns);
3
L. Utilities used in connection with the Common Area, right(s)-of-way, or
maintenance easement areas;
M. Landscaping and landscape maintenance of islands and medians within the
right(s)-of-way of public streets and landscaping and landscape maintenance
within the Special Highway Overlay District to the extent they are not maintained
by the Town of Fuquay-Varina or other governmental body; and
N. All expenses classified as Common Expenses pursuant to the Planned Community
Act.
Section 13. "Community" shall mean and refer to the residential portion of that certain
real Property and interests therein described in Exhibit A attached hereto, and (a) such additions
thereto as may be made by Declarant (or its Mortgagee or transferee as provided in the
Declaration) by amendment or supplementary declaration of all or any portion of the real
property described in Exhibit B, attached hereto; and (b) such additions thereto as may be made
by the Association by amendment or supplementary declaration of other real property.
Section 14. "Community-wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may be
more specifically determined by the Board of Directors.
Section 15. "Declarant" shall mean and refer to Park Grove-FV, LLC, a North Carolina
limited liability company, its successors and assigns as provided in the Planned Community Act.
Section 16. "Declaration" means this Declaration of Covenants, Conditions and
Restrictions.
Section 17. "Dedicated Open Space" shall mean those areas so designated on the
recorded subdivision plat that were a requirement by the Town of Fuquay-Varina as part of the
development approval process for Park Grove Subdivision, and which shall perpetually run with
the Association and shall not be developed nor separated from the overall subdivision at a later
date without the prior written approval of the Town of Fuquay-Varina.
Section 18. "Jurisdictional Wetlands" shall mean those tracts of land so designated on
the recorded subdivision plat that are regulated by the Federal Government through the U.S.
Army Corps of Engineers under Section 404 of the Clean Water Act, and by the North Carolina
State Government through the N.C. Division of Water Quality under Section 401 of the Clean
Water Act.
Section 19. "Eligible Mortgage Holder" shall mean a holder, insurer, or guarantor of a
first Mortgage on a Lot who has requested notice of certain matters from the Association as
hereinafter and in the Bylaws provided.
Section 20. "Eligible Votes" shall mean those votes available to be cast on the issue at
hand. A vote which is for any reason suspended is not available to be cast.
4
Section 21. "Lot" shall mean a portion of the Property other than the Common Area and
public street rights-of-way, intended for any type of independent ownership and use as may be
set out in this Declaration and as shall be shown on the recorded plats of the Property or
amendments thereto. Where the context indicates or requires, the term Lot includes any structure
on the Lot.
Section 22. "Lot in Use" shall mean any Lot upon which a dwelling unit has been fully
constructed and for which a certificate of occupancy has been issued by the appropriate
governmental agency. In no event shall it mean a Lot owned by the Declarant or a Builder on
which no dwelling unit had been fully constructed. Once a Lot is a Lot in Use, it shall continue
at all times thereafter to be a Lot in Use.
Section 23. "Member" shall mean and refer to every Person or entity who holds
membership in the Association. There shall be two classes of voting membership in the
Association as more particularly set forth in Article III of this declaration.
Section 24. "Mortgage" means any mortgage, deed of trust, and any and all similar
instruments used for the purpose of conveying or encumbering real property as security for the
payment or satisfaction of an obligation.
Section 25. "Mortgagee" shall include a beneficiary or holder of a deed of trust, as well
as a mortgagee under a mortgage.
Section 26. "Mortgagor" shall include the trustor of a deed of trust, as well as a
mortgagor under a mortgage.
Section 27. "Owner" shall mean and refer to the record Owner, whether one or more
Persons or entities, of a fee simple title to any Lot which is part of the Property, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation. Owner shall include without limitation, the Declarant.
Section 28. "Planned Community Act" shall mean the provisions of Chapter 47F of the
General Statutes of North Carolina applicable to the Property, as such provisions may be
amended and recodifred from time to time.
Section 29. "Person" means any individual, corporation, partnership, limited liability
company, Association, trustee, or other legal entity.
Section 30. "Property" shall mean and refer to that certain real property described in
Exhibit A attached hereto and such other real property as may hereinafter be made subject to this
Declaration.
Section 31. "Residential Unit" shall mean a structure situated upon a Lot intended for
use and occupancy as a residence by a single family. For the purposes of this Declaration, a
Residential Unit shall come into existence upon the issuance of a certificate of occupancy by the
appropriate governmental agency.
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Section 32. "Subsequent Amendment" shall mean an amendment to this Declaration
which adds additional real property to that covered by this Declaration. Each such Subsequent
amendment may, but is not required to impose, expressly or by reference, additional restrictions
and obligations on the land submitted by that Subsequent Amendment to the provisions of this
Declaration.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners Easement of Enjoyment: Every Owner of a Residential Unit shall
have a right and easement of use and enjoyment in and to the Common Area including
specifically, without limitation, an easement for access, ingress and egress from and to public
streets and walkways which shall be appurtenant to and shall pass with the title to every Lot
subject to the following provisions:
A. Admission and Other Fees: The right of the Association to charge reasonable
admission and other fees for the use of any recreational Amenities situated
upon the Common Area.
B. Suspension of Use of Common Area: The right of the Association to suspend
the right to vote and the right to use any recreational amenities owned by the
Association by any Owner, his family, occupants, tenants, guests, etc. during
any period in which such Owner shall be in default in the payment of any
assessment levied by the Association subject to the requirements of the
Planned Community Act. Such rights may also be suspended after notice and
hearing, for the period of the infraction plus a reasonable period not to exceed
sixty (60) days, for infraction or violation of any provision of this Declaration,
the Bylaws or published rules and regulations of the Association.
Notwithstanding the foregoing, an Owner shall at all times have an easement
for access, ingress and egress to such Owner's Lot.
C. Dedication and Transfer of Common Area: The Association may have the
right to dedicate or transfer all or part of the Common Area (with the
exception of Dedicated Open Space) to any public agency, authority, or
utility, or for such purposes as may be agreed to by the Members, and subject
to such conditions as may be agreed to by the Members, and provided that
said dedication or transfer shall be approved as provided herein. No such
dedication or transfer shall be effective unless an instrument signed by eighty
percent (80%) of the entire membership agreeing to such dedication or
transfer has been recorded in the Wake County Registry and such other
agreement of consent as required by the Planned Community Act. Any such
dedication or transfer shall be made subject to every Owner's easement for
access, ingress and egress to streets and walkways. Notwithstanding anything
herein to the contrary, the Association may exchange Common Area for an
equal or greater amount of land, and the Common Area shall be preserved for
the perpetual benefit of the Owners of the Lots.
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D. Dedicated Open Space: All open space shall be dedicated on the final
recorded subdivision plat. Such Dedicated Open Space shall perpetually run
with the Association and shall not be developed or separated from the overall
subdivision at a later date without prior written approval from the Town of
Fuquay-Varina and meeting the requirements for dedication and transfer of
common area.
E. Guests: The right of the Association to limit the number of guests of
Members.
F. Borrowing for Improvements: The right of the Association, in accordance
with its Articles and By-Laws and the Planned Community Act, to borrow
money for the purpose of constructing, repairing, or improving the Common
Area and Amenities (or any portion thereof) and in aid thereof, with the assent
of Members entitled to at least eighty percent (80%) of the votes of the entire
membership, to mortgage, pledge, deed in trust, or hypothecate said
properties, and the right of such Mortgagee of said property shall be
subordinate to the rights and easements of the Association and the Owners
established hereunder.
G. Use of Recreational Facilities: The right of the Association, through its Board
of Directors, to determine the time and manner of use of recreational facilities,
if any, by the Members.
H. Easements: The right of the Declarant, with regard to the Property which may
be owned for the purpose of development, to grant easements in and to the
Common Area contained within the Property to any public agency, authority,
or any utility for such purposes as benefits the Property or any portion thereof
and Owners of Lots contained therein. This Article II, Section I(H) may not
be amended or deleted, without the written consent of Declarant.
1. Conservation Buffer Easement: The Lots along the eastern Property boundary
have a 25' recorded conservation buffer easement on them. Part of this buffer
consists of indigenous vegetation and part was created during the development
of the subdivision. These Lot owners may not add to or remove plantings or
indigenous vegetation in this area. The conservation buffer easement shall be
left in a natural state and the Association shall be responsible for the removal
and replacement of any dead planted material therein, and for the removal of
damaged or dead indigenous trees that present a hazard to life or property, as
determined in the sole discretion of the Association. Any changes or
modifications to this conservation buffer easement must receive prior written
approval from the Town of Fuquay-Varina.
J. Progress Energy Easement: The Lots along the northern Property boundary
backing up to Old Powell Road have a Progress Energy aerial power line
easement located on them. These Lot owners must adhere to any and all
Progress Energy Transmission Line Right-of-Way Use Guidelines. Lot
owners must first receive prior written approval from Progress Energy and,
7
afterward, from the architectural committee for any changes to the easement
area such as, but not limited to, any structures, immovable ground facilities,
parking areas, grading (whether adding dirt or removing dirt), fences, ponds,
play structures, trees, bushes and any type of landscaping. Structures include
but are not limited to buildings, sheds, storage facilities, trailers, area lights,
and recreational equipment. Permanent or non-movable buildings and
swimming pools will not be allowed. No burning activities shall be allowed
in the right-of-way under any circumstances. The Association shall maintain
the vegetative plantings/screenings located in this Progress Energy overhead
power line easement.
K. Exchanges: The right of the Association, as provided by and consistent with
the ordinance of the Town of Fuquay-Varina, to exchange all or part of the
Common Area, for the other real property and consideration of like value and
utility subject to the provisions of the Planned Community Act.
Section 2. Deldgation of Use: Any Owner may delegate, in accordance with the By
Laws, his right of enjoyment to the Common Area, Amenities and facilities to the Members of
his family, his tenants, contract purchasers or guests who reside on such Owners Lot, subject to
the provisions of this Article II. An Owner shall be deemed to have made a delegation of all
such rights to the occupants of such Owner's Lot.
Section 3. Title to Common Area: The Declarant hereby covenants for itself, its heirs,
successors and assigns, that it will convey fee simple title in the Common Area to the
Association, free and clear of all encumbrances and liens, except utility, greenway and drainage
easements and easement of enjoyment to which the Owners of each Lot are entitled to share.
Title to Common Areas annexed pursuant to Article IV shall similarly be conveyed to the
Association. Title to the Common Areas will be conveyed prior to the first conveyance of a Lot.
Section 4. Owner's Right to Ingress, Egress, and Support: Each Owner shall have the
right to ingress and egress over, upon and across the Common Area necessary for access to his or
her Lot and shall have the right to lateral support for his or her Lot.
Section 5. Rules and Regulations: The right of the Board of Directors to establish
reasonable rules and regulations concerning the use of the Common Areas, Amenities, and the
Lots. Copies of such regulations and amendments thereto shall be furnished by the Association
to all Owners prior to the effective date. Such regulations shall be binding upon the Owner's
(with the exception of Class B Members), their families, tenants, guests, invitees, and agents
until and unless such rule, regulation or requirement shall be specifically overruled, canceled, or
modified by the Board of Directors or the Association in a regular or special meeting, by a
majority of the Eligible Votes. The Board of Directors shall have the authority to impose
reasonable monetary fines and other sanctions in accordance with the Planned Community Act.
Section 6. Declarant's Reserved Easement: Notwithstanding any provisions contained in
the Declaration to the contrary, until December 31, 2010, Declarant hereby expressly reserves
unto itself and its successors and assigns a nonexclusive, perpetual right, privilege and easement
with respect to the Property and Additional Properties for the benefit of Declarant, its successors,
and assigns over, under, in, and/or on the Property, without obligation and without charge to
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Declarant for the purposes of construction, installation, relocation, development, sale,
maintenance, repair, replacement , use, and enjoyment, and/or otherwise dealing with the
Property and/or Additional Properties. Such easement shall not include any Lot which is owned
by a Person other than the Declarant. The reserved easement shall constitute a burden on the title
to the Property and Additional Properties and specifically includes, but is not limited to:
A. The right of access, ingress, and egress, for vehicular and pedestrian traffic over,
under, on, or in the Property; and the right to tie into any portion of the Property
with driveways, parking areas, and walkways; and the right to tie into and/or
otherwise connect and use (without a tap-on or any other fee for so doing),
replace, relocate, maintain, and repair any device which provides utility or similar
services, including, without limitation, electrical telephone, natural gas, water,
sewer, and drainage lines and facilities, constructed or installed in, on, under,
and/or over the Property;
B. The right to construct, install, replace, relocate, maintain, authorize, repair, use,
and enjoy signs, model residences, sales offices, construction offices and business
offices as, in the sole opinion of Declarant, may be required, convenient,
desirable, or incidental to the construction and sale of residences on the Property;
C. No rights, privileges, and easements granted or reserved herein shall be merged
into the title of any Property, including, without limitation, Property conveyed to
the Association, but shall be held independent of such title, and no such right,
privilege, or easement shall be surrendered, conveyed, or released unless and until
and except by delivery of a quitclaim deed from Declarant releasing such right,
privilege, or easement by express reference thereto; and
D. This section may not be amended without the written consent of Declarant.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Person or "entity" who is a record Owner of a fee interest in any Lot,
which is subject to this Declaration, including contract sellers, shall be a Member of the
Association. The foregoing is not intended to include Persons who hold an interest merely as
security for the performance of an obligation. Membership shall be appurtenant to and may not
be separated from ownership of any Lot which is subject to this Declaration. Ownership of said
Lot shall be the sole qualification for membership. The Board of Directors may make reasonable
rules relating to the proof of ownership of a Lot. Following termination of the Property as a
planned community under the provisions of the Planned Community Act, all persons entitled to
distributions of proceeds under the Planned Community Act shall be the Members of the
Association.
No Owner, whether one or more Persons, shall have more than one (1) membership per
Lot owned. In the event a Lot is owned by more than one Person, votes shall be as provided
herein in the Bylaws or in the Articles.
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Section 2. The association shall have two classes of membership:
Class A: Class A Members shall be all Owners with the exception of the Class B
Members, if any, and shall be entitled to one (1) vote for each Lot owned. Class
B Members may, however, be Class A Members upon the termination of Class B
membership. When more than one Person holds an interest in any Lot, all such
persons shall be Members and the one vote allocated to such Lot shall be cast in
accordance with the Planned Community Act.
Class B: The Class B Member shall be the Declarant and shall be entitled to three
(3) times the regular vote for each Lot owned. The Class B membership shall
cease and be converted to Class A membership upon any one of the following
events, whichever occurs first:
A. When the total votes outstanding in Class A membership equal the total
votes outstanding in Class B membership, but provided that the Class B
membership shall be reinstated if thereafter and before the time stated in
subparagraph (B) below, portions of the Additional Property are annexed
to the Property, without the assent of Class A Members, for the
development of such Additional Property by the Declarant, all as provided
in Article IV of this Declaration;
B. On December 31, 2010; or
C. Upon the surrender of the Class B membership by the Declarant.
ARTICLE IV
ANNEXATION OF ADDITIONAL PROPERTIES
Section 1. Notwithstanding anything to the contrary herein, prior to December 31, 2010,
Declarant, its successors or assigns, may, without consent of the Class A membership, annex
portions of the Additional Property by subjecting the same to the provisions of this Declaration.
After December 31, 2010, annexation of any Additional Property shall require the assent of 80%
of the Class A membership, if any, and 80% of the Class B membership, if any, as provided in
this Declaration. Upon annexation said area shall be used only for residential purposes and shall
be subject to this Declaration and all Owners thereof shall automatically become Members of the
Association.
The submission of portions of such Additional Property to the provisions of this
Declaration shall be accomplished by a Subsequent Amendment to this Declaration executed by
Declarant or by the Association, as required, with the same formalities as this instrument. Such
amendment shall become effective upon the recordation of same. No annexation of Additional
Properties shall become effective until approved by the appropriate department of the Town of
Fuquay-Varina, if then required by its ordinances or regulations.
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ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments: The Declarant,
for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay the Association.
(1) Annual assessment or charges; and
(2) Special assessments for extraordinary maintenance and capital improvements.
Such assessments are to be established and collected as hereinafter provided. All annual
assessments, special assessments, and emergency special assessments relating to the Common
Area shall be shared equally by the Owners of the Lots; provided, however, that the rate of any
of the above-mentioned assessment for each Lot which is not a Lot in Use shall be 25% of the
actual assessment untif the first day of the month after which a deed for a Residential Unit has
been recorded in the Wake County Registry. At that time, the Lot shall be assessed at the full
assessment rate in effect at that time for any said assessments. The annual and special
assessments, together with such interest thereon and the cost of collection thereof, including
reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon such
until paid in full. Each such assessment, together with such interest, and costs of collection,
including reasonable attorney fees, shall also be the personal obligation of the Person who was
the Owner of such Lot at the time when the assessment fell due. The personal obligation shall
not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments: The assessments levied by the Association shall be
used exclusively for the purpose of promoting the beautification of the Property, the recreation,
health, safety and welfare of the residents in the Property, for the improvement and maintenance
of the Common Area, and for such other purposes permitted by the Planned Community Act.
Assessments shall include, but not be limited to, the payment of taxes, liability insurance and all
assessments for the public improvements of the Common Area, and easements appurtenant
thereto, the enforcement of these covenants and the rules of the Association and, in particular, for
the improvement and maintenance of the Property, private streets, drives and parking areas,
services, and facilities devoted to this purpose and related to the use and enjoyment of the
Common Area. The Association shall be required to maintain an adequate reserve fund for the
periodic maintenance, repair, and replacement of improvements to the Common Area out of the
assessments levied.
Section 3. Maximum Annual Assessments: The maximum annual assessment for the
calendar year beginning January 1, 2004, and for successive calendar years thereafter shall be
established by the Board of Directors subject to this Article V. Within thirty (30) days after
adoption of the yearly budget, the Board shall provide to all Owners a summary of the budget
and a notice of the meeting to consider ratification of the budget. The Board shall set a date for a
meeting of the Owners to consider ratification of the budget, such meeting to be held not less
than ten (10) nor more than sixty (60) days after mailing of the summary and notice. A quorum
need not be present at such meeting, and the budget is ratified unless at that meeting the Owners
entitled to exercise fifty-one percent (51 %) of the votes in the Association reject the budget. In
no event may the Board or membership of the Association decrease the amount of the annual
assessment for any calendar year from the amount of the annual assessment for the previous
calendar year.
Section 4. Special Assessments for Capital Improvements: In addition to the annual
assessments authorized above, the Association may levy in any calendar year a special
assessment for the purpose of defraying, in whole or in part, the costs of any construction,
reconstruction, repair, or replacement of a capital improvement upon the Common Area,
including fixtures and personal property related thereto, and the cost to purchase Lots at
foreclosure sales of association liens, the costs of repairing and/or rebuilding any such Lot
purchased by the Association to an acceptable condition, provided that any such special
assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who
are voting in Person or by proxy at a meeting duly called for this purpose. A special assessment
shall be due and payable as established by the Board of Directors.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4:
Written notice of any' meeting called for the purpose of taking any action authorized under
Section 3 or 4 shall be sent to all Members not less than 30 days nor more than 60 days in
advance of the meeting. At the first such meeting called, the presence of Members or of proxies
entitled to cast sixty percent (60%) of all the votes of each class of 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 each subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be
held more than 60 days following the preceding meeting.
Section 6. Uniform Rate of Assessment: Except as specifically provided with respect to
Lots which are owned by the Declarant and Lots which are not Lots in Use, both annual and
special assessments related to the Common Expenses must be fixed at a uniform rate for all Lots.
All assessments may be collected as determined by the Board of Directors. Provided, however,
that the Association shall also have the authority, through the Board of Directors, to establish, fix
and levy a special assessment on any Lot to secure the liability of the Owner thereof to the
association arising from Owner's breach of any of the provisions of this Declaration or as
provided for by Article VI.
Section 7. Date of Commencement of Annual Assessments: The annual assessments
provided for herein shall commence as to all Lots on the first day of the month immediately
following the month in which the first Lot in such phase or section of the Development is
conveyed to the Owner by Declarant, and the amount of the first annual assessment applicable to
the Lot shall be prorated in accordance with the number of months remaining in the calendar
year on and after it becomes applicable to the Lot. For the purposes of this Article V, Section 7
only, in establishing the time when an annual assessment, and individual assessment or special
assessment is applicable to a Lot, the term "Declarant" shall include any Person to whom the
Declarant or such Person has conveyed an undeveloped portion of the Development for
development by such Person into Lots. The Board of Directors shall send to each Member a
written summary of the proposed budget and a written notice of the meeting of Members to
consider ratification of the proposed budget at least 10 days and not more than 60 days in
advance of such meeting. Unless otherwise provided in the Planned Community Act, there shall
be no requirement that a quorum be present at such meeting to consider ratification of the
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proposed budget. The proposed budget shall be ratified unless at that meeting the Owners
holding a majority (or such smaller percentage as required by the Planned Community Act) of all
the votes of the Association reject the proposed budget. In the event the proposed budget is
rejected, the previous budget of the Association shall continue until a new proposed budget is
ratified. The due dates for assessments shall be established by the Board of Directors. The
Association shall, upon demand at any time, furnish a certificate in writing, signed by an officer
of the Association setting forth whether the assessments on a specific Lot have been paid. A
reasonable charge may be made by the Board for the issuance of these certificates. Such
certificates shall be conclusive evidence of payment of any assessment therein stated as provided
in the Planned Community Act.
Section 8. Effect of Non-Payment of Assessment Remedies of the Association: Any
assessments which are not paid within thirty (30) days after the due date shall be delinquent. The
Association shall have the option to declare the outstanding balance of any assessment due and
payable if any installment thereof shall become delinquent as defined herein. If the assessment is
not paid within thirty (30) days after the due date, the assessment shall bear interest from the date
of delinquency at the rate of eighteen percent (18%) per annum, or the highest rate allowed by
law, shall be subject to late fees as approved by the Board of Directors, and the Association may
bring an action at law against the Owner personally obligated to pay the same and/or to foreclose
the lien against such Owner's Lot. Interest, late fees, costs, and reasonable attorney fees of any
such action shall be added to the amount of such assessment. Each Owner, by acceptance of a
deed to a Lot, hereby expressly vests in the Association, its agents or assigns, the right and power
to bring all actions against such Owner personally liable for the collection of such charges as a
debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens,
including foreclosure by an action brought in the name of the Association in a like manner as a
mortgage or a deed of trust lien on real property and such Owner hereby expressly grants to the
Association a power of sale in connection with foreclosure of said lien. The lien provided for in
this action shall be in favor of the Association acting on behalf of the Owners, which shall have
the power to bid at foreclosure and to acquire and hold, lease, mortgage and convey the same.
No Owner may waive or otherwise escape liability for assessments provided for herein by non-
use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgage: The lien of the assessments provided
for herein shall be subordinated to the lien of any first Mortgage on a Lot. Sale or transfer of any
Lot shall not affect the assessment lien; however, the sale or transfer of any Lot pursuant to the
foreclosure of any Mortgage or any proceeding in lieu thereof shall extinguish the lien of such
assessment as to payments which become due prior to such sale or transfer. No sale or transfer
shall relieve any such Lot from liability of any assessment thereafter becoming due or from the
lien thereof.
Section 10. Exempt Property: The following Property, subject to this Declaration, shall
be exempt from the assessments created herein:
A. All Property dedicated to and accepted by local public authority,
B. The Common Area, and
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C. All Property owned by a charitable or non-profit organization exempt from
taxation by the laws of the State of North Carolina. However, no Lot devoted to
dwelling use shall be exempt from said assessments except as otherwise provided
herein.
Section 11. Insurance Assessments: The Board of Directors or its duly authorized agent
May have the authority to and shall obtain insurance for the Amenities and all the Buildings
owned by the Association against loss or damage by fire or other hazards in an amount sufficient
to cover the full replacement cost of any repair or reconstruction work in the event of damage or
destruction from any hazard and shall also obtain a broad-form public liability policy covering
all Common Area and all damage or injury caused by the negligence of the Association or any of
its agents in an amount of not less than $1,000,000.00. Said insurance may include coverage
against vandalism. Premiums for all such insurance shall be a Common Expense. All such
insurance coverage shall be written in the name of the Association.
It shall be the responsibility of each Owner, at his own expense, to obtain hazard insurance in an
amount sufficient to cover the full replacement cost of any repair or reconstruction work in the
event of damage or destruction to his Lot or Residential Unit from hazard.
Section 12. Initial Contribution to be Collected at Closing: At the closing of each sale of
a Lot with a Residential Unit completed thereon, a sum of one hundred dollars ($100.00) shall be
collected from the purchaser and such sum shall be contributed to the general operating fund or
the reserve fund of the Association, at the discretion of the Board of Directors, to be used in the
manner specified for annual assessments. This initial contribution shall not be considered an
advance against assessments to become due.
ARTICLE VI
EXTERIOR MAINTENANCE
Section 1. In the event an Owner of any Lot shall fail to maintain the Lot and Residential
Unit and the other improvements situated thereon in a manner satisfactory to the Board of
Directors, the Association, after approval by vote of the Board of Directors, shall have the right
(but not the obligation), through its agents and employees, to enter upon said Lot and to repair,
maintain, and restore the Lot and the exterior of the Building and any improvements erected
thereon. The cost of such exterior maintenance, together with interest and costs of collection,
shall be added to and become part of the assessment to which such Lot is subject.
Section 2. Each Owner is responsible for maintaining areas between front property line
and the back of the curb and between the side property line and the back of the curb of the side
street if applicable. Owners on collector streets refer to Article I, Sections 10 and 12.
ARTICLE VII
EASEMENTS
Section 1. Easements for Utilities and Governmental Agencies: There is hereby created a
blanket easement upon, across, over, and under all of the Common Area for ingress and egress,
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installation, replacing and maintaining all utilities, including, but not limited to water, sewer, gas,
telephones, electricity, other utilities, and a master antenna system. By virtue of this easement it
shall be expressly permissible for the electrical, water, sewer, telephone, gas or cablevision
company to erect and maintain the necessary underground equipment and other necessary
equipment on said Common Area and to affix and maintain gas, water, sewer pipes, electrical
and/or telephone wires, circuits, and conduits on, above, across the Lots. An easement is further
granted to all police, fire protection, garbage, mail delivery, ambulance, and all similar Persons
to enter upon the Common Area in the performance of their duties. Further, an easement is
hereby granted to the Association, its officers, agents, employees, and to any management
company selected by the Association to enter in or to cross over the Common Area provided for
herein. Notwithstanding anything to the contrary contained in this paragraph, no sewers,
electrical lines, water lines, or other utilities may be installed or relocated in the Common Area
except as initially planned and approved by the Declarant or hereafter approved by the Declarant
or the Association's Board of Directors. The easement provided for in this article shall in no
way affect other recorded easements on the Property or any Lot.
Section 2. Easement and Right of Entry for Repair, Maintenance and Reconstruction: If
any Residential Unit is located closer than five (5) feet from its Lot line, the Owner thereof shall
have a perpetual access easement over the adjoining Lot to the extent reasonably necessary to
perform repair, maintenance or reconstruction of such Residential Unit. Such repair,
maintenance or reconstruction shall be done expeditiously and, upon completion of the work, the
Owner shall restore the adjoining Lot to as near the same condition as that which prevailed prior
to the commencement of the work as is reasonably practicable and shall indemnify, defend and
hold the Owner of the adjoining Lot harmless from and against any liability, demand, damages
or costs in connection with such work.
Section 3. An easement is hereby established for the benefit of the Town of Fuquay-
Varina over the Common Area and over an area five (5') feet behind the front property line
hereby or hereafter established for the setting, removal, and reading of water meters, the
maintenance and replacement of water, sewage, and drainage facilities and the collection of
garbage.
Section 4. Each Owner shall have the right to ingress and egress over, upon and across
the Common Area necessary for access to his or her Lot and shall have the right to lateral
support for his or her Lot.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. The Property is hereby made subject to the protective covenants and
restrictions hereby declared for the purpose of insuring the best use and most appropriate
development and improvement of each Lot in the Property; to protect the Owners against such
improper use of surrounding Lots as will depreciate the value of other Lots or the Property; to
preserve, so far as practicable, the natural beauty of said Property; to guard against the erection
thereof of poorly designed or proportioned structures, and structures built of improper and
unsuitable materials; to obtain harmonious color schemes; to insure the highest and best
development of said Property to encourage and secure the erection of attractive homes thereon,
15
with appropriate locations thereof on Lots; to secure and maintain proper set-backs from the
streets and adequate free spaces between structures; and in general to provide adequately for a
high type and quality of improvements in said Property and thereby to enhance the values of
investments made by the purchasers of Lots therein.
Section 2. Each Lot, as approved by the appropriate municipal authority, shall be used
for residential purposes only. The lay of the Lots as shown on the recorded plat shall be
substantially adhered to; provided, however, that with the prior written approval of the Declarant,
its successors and assigns, or the Association's Board of Directors and the appropriate municipal
authority, the size and shape of any Lot may be altered; provided that no Lot or group of Lots
may be resubdivided so as to produce a greater number of Lots. More than one Lot may be used
as a site for Residential Unit provided the location of any structure permitted thereon is approved
in writing by the Architectural Review Committee or the Declarant, its successors or assigns, and
said Lot is recombined as provided in N.C. General Statute 160A-376(1). Except as provided in
this paragraph, no structure shall be erected, altered, placed, or permitted to remain on any Lot
other than one detached single family dwelling, not to exceed three stories in height and a garage
for not more than three (3) automobiles. All structures shall comply with the applicable zoning
restrictions of the Town of Fuquay-Varina.
Section 3. No building, wall, fence, or other structure shall be commenced, erected, or
maintained upon a Lot, nor shall any repair be made thereto, nor shall any building, wall, fence,
or other structure be rebuilt after destruction by any hazard until the plans and specifications,
showing the nature, kind, space, height, materials, and location of the same shall have been
submitted to and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Declarant or the Architectural Review Committee.
In the event the Architectural Review Committee or Declarant fails to approve or disapprove the
submitted design and location within forty-five (45) days following dated acknowledgement of
receipt by the Declarant/ARC this Article will be deemed to have been fully complied with.
ARTICLE IX
USE RESTRICTIONS
Section 1. No structure of a temporary character, trailer, basement, tent, shack, garage,
barn or other out-buildings shall be used on any portion of a Lot at any time as a residence, either
temporarily of permanently. No mobile home, modular home or other structure manufactured or
prefabricated off-site for assembly or attachment shall be permitted on any Lot. No clothes lines
shall be permitted on any Lot except within any Residential Unit.
Section 2. Each Lot shall be conveyed as a separately designated and legally described
freehold estate, subject to the terms, conditions and provisions of this Declaration.
Section 3. Notwithstanding any provision herein contained to the contrary, it shall be
expressly permissible for Declarant or any builder, with the Declarant's approval, to maintain
during the period of construction and sale, upon such portion of a Lot as the Declarant or builder
deems necessary, such facilities as in the sole opinion of Declarant may be reasonable, required,
convenient, or incidental to the construction and sale of Residential Units, including but not
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limited to, a business office, construction trailers, a sales trailer, storage area, construction yards,
signs, model units and sales office.
Section 4. No unsightly objects or nuisances shall be erected, placed or permitted to
remain on a Lot and in no event in the Common Area, nor shall any Lot be used in any way or
for any purpose which may endanger the health or reasonably disturb the Owner of any
Residential Unit or the occupants thereof, except as specifically authorized herein.
Section 5. Aerials and Antennas: Antennas and Satellite Dishes: Antennas and satellite
dishes shall be prohibited within the Property, except (a) antennas or satellite dishes designed to
receive direct broadcast satellite service which are one meter or less in diameter; (b) antennas or
satellite dishes designed to receive video programming services via multi-point distribution
services which are one meter or less in diameter or diagonal measurement; or (c) antennas or
satellite dishes designed to receive television broadcast signals ("Permitted Devices") shall be
permitted, provided that any such Permitted Device is:
(1) located in the attic, crawl space, garage, or other interior spaces of the dwelling unit
or another approved structure on the Lot in Use so as not to be visible from outside
the dwelling or other structure;
(2) located in the rear yard of the Lot in Use (i.e., the area between the plane formed by
the rear fagade of the dwelling unit and the rear lot line) and set back from all lot lines
at lease eight (8) feet;
(3) attached to or mounted on a deck or patio in the rear yard and extending no higher
than the eaves of that portion of the roof of the dwelling unit directly in front of such
antenna;
(4) attached to or mounted on the rear wall of the dwelling unit so as to extend no higher
than the eaves of the dwelling unit at a point directly above the position where
attached or mounted to the wall.
Notwithstanding the foregoing, should an Owner determine that a Permitted Device
cannot be located in compliance with the above guidelines without precluding reception of an
acceptable quality signal, then the Owner may install the device in the least conspicuous
alternative location, as determined by the ARCHITECTURAL REVIEW COMMITTEE, on the
dwelling unit where an acceptable quality signal can be obtained. The Board may adopt rules
establishing a preferred hierarchy of alternative locations and requiring screening of all Permitted
Devices, so long as such rules do not unreasonably increase the cost of installation, maintenance,
or use of the Permitted Device.
Section 6. Exterior Lighting: No exterior lighting fixture (or interior fixture designed to
light the exterior) or other than standard fixtures installed during the original construction of the
Residential Unit, as approved by the Declarant, the Board of Directors or Architectural Review
Committee, shall be installed within or upon any Residential Unit Lot without adequate and
proper shielding of the fixture. No fixture shall be installed that may become a nuisance or
unreasonable annoyance to Owners or occupants of adjacent or other Lots. The Board of
Directors or Architectural Review Committee must approve all modifications of exterior
lighting, including accent lighting, in advance and in writing.
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Section 7. Use of Lots: Except as may be otherwise expressly provided in this
Declaration, each Lot shall be used for residential purposes and shall not be used as a boarding
house or other arrangement for the rental of individual rooms. Any lease of a Lot or Residential
Unit shall be in writing, shall state that it is subject to this Declaration and the Bylaws and rules
and regulations of the Association and that a breach thereof shall be a default of such lease, and
such lease shall not be for a period of less than six months. With the exception of and the use of
Lots as models and sales centers by Declarant, no trade or business of any kind may be
conducted on a Lot. Lease or rental of a Lot or Residential Unit for residential purposes shall not
be considered to be a violation of this covenant, so long as the lease is in compliance with this
Declaration and reasonable rules and regulations as the Board of Directors may promulgate.
Any lessee or tenant shall in all respects be subject to the terms and conditions of this
Declaration, the By-laws, and the rules and regulations adopted hereunder.
Without the prior written consent of the Association's Board of Directors, nothing shall
be done or kept on any Lot or on the Common Area or any part thereof which could increase the
rate of insurance on the Property or any part thereof over what the Association, but for such
activity, would pay. Noxious, destructive, or offensive activity, or any activity constituting an
unreasonable source of annoyance, shall not be conducted on any Lot or on the Common Area or
any part thereof, and the Association as well as every Owner shall have standing to initiate legal
proceedings to abate such activity. Each Owner shall refrain from any act or use of his or her
Lot which could reasonably cause embarrassment, discomfort, or annoyance to other Owners,
including barking dogs, and the Board of Directors shall have the power to make and to enforce
reasonable rules and regulations in furtherance of this provision.
Section 8. Signs: No sign of any kind shall be displayed to the public view on any Lot
(except one temporary For Rent or For Sale sign per Lot of not more than twenty-four inches by
thirty-six inches) or in the Common Area without the prior written consent of the Board of
Directors. The Board, on behalf of the Association, shall have the right to erect reasonable and
appropriate signs on the Common Area. This subsection shall not apply to Class B Members.
Section 9. Storage and Parking of Vehicles: There shall be no outside storage or parking
upon any Lot or within the Common Areas, or within the right-of-way of any street in or
adjacent to the Property of any inoperable automobile or a commercial vehicle such as a truck,
tractor, mobile trailer, or any commercial transportation device of any kind. Such vehicles may
only be stored and parked within a garage, the door to which is generally kept closed. Each Lot
shall have two parking spaces available inside the enclosed garage and two overflow parking
spaces on the driveway immediately in front of the enclosed garage for guest parking and
additional non-commercial vehicle parking. No garage may be altered in such a manner that the
number of automobiles which may reasonably be parked therein after the alteration is less than
the number of automobiles that could have been reasonably parked in the garage as originally
constructed. No Owner or occupant shall repair or restore any vehicle of any kind upon any Lot
or Common Areas, except for emergency repairs, and then only to the extent necessary to enable
movement thereof to a proper repair facility. No boats, cars, trailers, motorcycles or any other
types of personal property shall be placed in a common area in order to present it to the public
for sale.
Section 10. Prohibited Vehicles. No large trucks (other than standard size pickup trucks,
vans or sport utility vehicles), commercial vehicles, boats, motorcycles, campers, house trailers,
18
boat trailers and trailers of any other description shall be permitted to be parked or stored on any
Lot or within the street right-of-way unless they are parked or stored in an enclosed garage or
screened area approved by the Declarant or ARCHITECTURAL REVIEW COMMITTEE of the
Association, as the case may be, except during the period of approved construction on the Lot.
Section 11. Pets: No animals, livestock, or poultry of any kind shall be raised, bred, or
kept on the Property, except that no more than two (2) dogs, three (3) cats, and a reasonable
number of other normal household pets may be kept in residences subject to rules and
regulations adopted by the Association through its Board of Directors, provided that such pets
are not kept, bred or maintained for any commercial purpose. Puppies and kittens in excess of
the numbers set forth above may be kept only until old enough to be safely separated from their
mother. The Board of Directors shall have the absolute power to prohibit any particular pet from
being kept on the Property, including inside a residence, if the Board of Directors in its sole and
absolute discretion determines that the pet is dangerous, a nuisance, or otherwise has a negative
impact on the Community.
Section 12. All equipment, garbage cans, service yards, wood piles, or storage piles shall
be kept screened by adequate planting or fencing so as to conceal them from view of neighboring
Lots and streets. All garbage, trash, or rubbish shall be regularly removed from the Lot by its
Owner and shall not be allowed to accumulate therein.
Section 13. Mailboxes. All mailboxes (the definition of which includes the support
posts) shall be of only one make and model and shall be the only one approved in the subdivision
by the Declarant or by the Board of Directors, as the case may be. Mailboxes shall be identical
in size, style and color and shall not be modified in any way to change their appearance; such
modifications including, but not limited to, the painting of designs upon or the placing of
coverings over the mailbox. If any mailbox becomes in need replacement because of irreparable
damage or disrepair, and the exact make and model is no longer available for purchase, then the
Declarant or the Board of Directors, as the case may be, may designate a replacement make and
model that most closely resembles the originally installed mailbox.
Section 14. No fences, hedges, vegetative screenings, or walls shall be erected or
maintained upon a Lot except such as are installed in accordance with plans approved by the
Association or Architectural Review Committee. There shall be only one style of fence permitted
in the community in order to maintain congruity across Lots and the Architectural Review
Committee shall define and promulgate the style, dimensions, placement, and construction
standards for this fence. (Notwithstanding the above written, this uniform fence style may be
altered or changed by the Architectural Review Committee, however, in the case of temporary
fencing around model homes or temporary screening/security fencing in conjunction with the
builder's construction trailer). It is expressly acknowledged and agreed by all parties concerned
that this paragraph is for the mutual benefit of all the Owners and the Association.
Section 15. Quiet Enjoyment: No obnoxious or offensive activity shall be carried on
upon the Property or improvements thereon, nor shall anything be done which may be or may
become a nuisance or an unreasonable annoyance.
Section 16. In addition to those restrictions contained in this Article IX, the Board of
Directors of the Association shall have the power to formulate, amend, publish and enforce other
19
reasonable rules and regulations concerning the use and enjoyment of the Common Area and the
Lots.
ARTICLE X
GENERAL PROVISIONS
Section 1. Enforcement: The Association and each Owner shall have the right to
enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants and
reservations, liens and charges now or hereinafter imposed by the provisions of this Declaration.
Failure by Association or by any Owner to enforce any covenant or restriction herein shall in no
event be deemed a waiver of the right to do so thereafter.
Section 2. Severability: Invalidation of any one or more of these covenants or
restrictions by judgement or court order shall in no way affect any other provision which shall
remain in full force and effect.
Section 3. Disputes: In the event of any dispute concerning the provisions of this
Declaration, such dispute shall be settled by legal proceedings or the parties may, by mutual
agreement, submit the dispute to a committee appointed by the Association for this purpose, and
once submitted, the parties agree to be bound by the decision of said committee.
Section 4. Voting: Voting by Members of the Association shall be in accordance with
the applicable provisions set forth in the Association's By-Laws and the Planned Community
Act.
Section 5. Liability Exemptions: In no case shall the Town of Fuquay-Varina be
responsible for failing to provide any emergency or regular fire, police or other public service to
the Property or their occupants when such failure is due to the lack of access to such areas due to
inadequate design or construction, blocking of access routes, or any other factor within the
control of the Declarant, Association, or Owners.
Section 6. Address: Each Member agrees to keep Association informed of his address at
any time and any notice sent or delivered to said address shall be sufficient. Each new Member
agrees to provide the Association with evidence of his Ownership for preparation of a
membership roster and the roster as so completed shall be sufficient evidence as the Ownership
of each Lot.
Section 7. Gender and Grammar: The singular, wherever used herein, shall be construed
to mean the plural when applicable and the necessary grammatical changes required to make
provisions hereby apply to either corporations or individuals, man or wife, and shall, in all cases,
be assumed as though in each case fully expressed.
Section 8. Procedures for Fines and Suspension of Privileges or Services: Pursuant to
Section 47F-3-107.a of the Planned Community Act, the following procedure shall be followed
regarding fines and suspension of privileges or services:
A hearing shall be held before an adjudicatory panel appointed by the Board of Directors
to determine if any Member should be fined or if Association privileges or service should be
20
suspended pursuant to the powers granted to the Association. If the Board of Directors fails to
appoint an adjudicatory panel to hear such matters, hearing under this section shall be held
before the Board of Directors. The Member charged shall be given notice of the charge,
opportunity to be heard and to present evidence, and notice of the decision. If it is decided that a
fine should be imposed, a fine not to exceed one hundred fifty dollars ($150.00) may be imposed
for the violation and without further hearing, for each day after the decision that the violation
occurs. Such fines shall be assessments secured by liens under Article V of these Covenants. If
it is decided that a suspension of privileges or services should be imposed, the suspension may
be continued without further hearing until the violation or delinquency is cured.
Section 9. Stormwater Control Measures: The North Carolina Department of Water
Quality (NCDWQ) requires stormwater runoff from the Property be controlled and nitrogen
loading from stormwater runoff from the Property be reduced. To comply with the NCDWQ,
Stormwater Control Measures will be installed and maintained on the Property. Consequently,
on behalf of each Owner, the Association shall maintain, repair, replace and reconstruct the
Stormwater Control Measures so that at all times the Stormwater Control Measures shall perform
as designated and all times shall comply with all applicable laws, ordinances, regulations, rules,
and directives of governmental authorities. In addition, the Association shall perform
maintenance of the Stormwater Control Measures as set forth in Exhibit "C".
Section 10. Jurisdictional Wetlands: The Jurisdictional Wetlands shown on the recorded
subdivision plat shall remain in their natural vegetative state and the performance of the
following activities are expressly prohibited:
A. Filling, grading, excavating or performing any other land disturbing activities.
B. Constructing or placing any roads, buildings, signs, utility poles or towers, or any
other permanent or temporary structures, except that unpaved hiking trails and
elevated boardwalks may be allowed, subject to US-Army Corps of Engineers'
approval.
C. Draining or otherwise disrupting or altering the hydrology or drainage ways of the
wetlands area.
D. Dumping or storing soil, trash, or other waste.
E. Grazing or watering of animals, or use for any agricultural or horticultural purpose.
F. Cutting, mowing, burning, spraying, or harming any vegetation (under certain
circumstances, however, trees and brush may be removed utilizing prescribed
methods and techniques, but only with the prior consent of the U.S. Army Corps of
Engineers).
This covenant is intended to ensure continued compliance with Sections 401 and 404 of the
Clean Water Act and, therefore, may be enforced by the United States of America or the State of
North Carolina. This covenant is to run with the land, and shall be binding on the Owner, and all
parties claiming under it.
If the Homeowners Association of Park Grove (Association) wishes to amend or modify this
restrictive covenant or if the Association Town of Fuquay-Varina, or Wake County wishes to
obtain special approval for an otherwise prohibited activity, then express written consent must be
obtained from the U.S. Army Corps of Engineers, Wilmington District.
21
Section 11. Assignment: Any or all of the rights, powers and obligations, easements and
estates reserved by or granted to the Declarant or the Association may be assigned by the
Declarant, or the Association, as the case may be. Any such assignment or transfer shall be made
by an appropriate instrument in writing in which the assignee or transferee shall join for the
purpose of evidencing its consent to such assignment and its acceptance of the rights and powers,
duties and obligations herein contained. Such assignee or transferee shall thereupon have the
same rights and powers to be subject to the same obligations and duties as are herein given to the
Declarant, or the Association. After such assignment, Declarant and/or the Association shall be
relieved and released of all obligations with respect to such rights, powers, obligations,
easements or estates.
Section 12. Annexation: Additional residential property and Common Area may be
annexed to the Property as provided in this Declaration.
ARTICLE XI
AMENDMENT
Section 1. Amendment: The covenants, conditions and restrictions of the Declaration
shall run with the land, and shall inure to the benefit of and be enforceable by the Association or
the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs,
successors, and assigns for a term of thirty (30) years from the date this Declaration is recorded,
after which time said covenants shall automatically be extended for successive periods of ten
(10) years. Except as specifically otherwise provided herein, the covenants, conditions and
restrictions of this Declaration may be amended as provided in this Article XI by an instrument
approved by not less than the Owners of sixty-seven percent (67%) of the Lots. Any
amendments must be recorded.
Section 2. Certificate of Amendments: If any amendment to these covenants, conditions,
and restrictions is approved, pursuant to Section 1 above, each such amendment shall be
delivered to the Board of Directors of this Association. Thereupon, the Board of Directors shall,
within thirty (30) days, do the following:
A. Reasonably assure itself that the amendment has been approved by the Owners of
the required number of Lots (for this purpose, the Board may rely on its roster of
Members, and shall not be required to cause the title to any Lot to be examined).
B. Attach to the amendment a certification as to its validity, which certification shall
be executed by the Association in the same manner that these were executed. The
following form of certification is suggested:
"CERTIFICATION OF VALIDITY OF AMENDMENT TO COVENANTS,
CONDITIONS AND RESTRICTIONS OF HOMEOWNERS ASSOCIATION OF
PARK GROVE, INC."
By authority of its Board of Directors, Homeowners Association of Park Grove, Inc. hereby
certifies that the foregoing instrument has been duly approved by the Owners of 67% percent of
22
the Lots of Park Grove and is therefore a valid amendment to existing covenants, conditions and
restrictions of Park Grove.
HOMEOWNERS ASSOCIATION OF
PARK GROVE, INC.
ATTEST:
BY:
SECRETARY PRESIDENT
C. Immediately and within the thirty- (30) day period aforesaid, the Association shall
cause the amendment to be recorded in the Wake County Registry.
D. All amendments shall be effective from the date of recordation in the Wake
County Registry; provided, however, that no such instrument shall be valid until it
has been indexed in the name of the Association. When any instrument
purporting to amend the covenants, conditions, and restrictions has been certified
by the Board of Directors, recorded and indexed as provided in this section, it
shall be conclusively presumed that such instrument constitutes a valid
amendment as to all Persons thereafter purchasing any Lot in Park Grove. All
amendments shall be approved as required herein.
Section 3. Amendment Approval: All amendments to this Declaration and/or revocation
of this Declaration must be approved by the appropriate office or department of the Town of
Fuquay-Varina, if then required by its ordinances or regulations.
ARTICLE XII
UNDERGROUND UTILITIES
Declarant reserves the right to subject the Property to a contract with Public Service
Company of North Carolina, Inc. and/or Progress Energy for the installation of underground
utility service and the installation of street lighting which may require a continuing monthly
charge to the Lots. Declarant further reserves the right to connect to each Lot necessary water
and sewer service which may require a continuous monthly charge to the Owner of the Lot.
Upon acceptance of a deed to the Lot each Owner agrees to pay said continuing monthly
charges, if any.
(F,xecution page follows)
23
IN WITNESS WHEREOF, the undersigned has cause this instrument to be signed in its
company name by its duly authorized Member/Manager, this day first above written.
STATE OF N \?
COUNTY OF bO--f N ?-
Park Grove-FV, LLC
A North Carolina limited liability company
By: First Capital Investments, /L'L/C, its Manager
W?
By: '4dA'O-U?
anager
1, the undersigned Notary Public of the County and State aforesaid, do hereby certify that
1J.?Jd ?nC Q, ] ?d , 4f }`., , Manager of First Capital Investments, LLC,
as Manager for Park Grove-FV, LLC, a North Carolina limited liability company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument on
behalf of said limited liability company.
Witness my hand and official seal, this the d ay of AAp?j ? , 2004.
(SEAL-ST
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Or el
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Notary Public
My Commission expires: H - gL -7-QWV
24
THE PARK GROVE SUBDIVISION
STORMWATER CONTROL MEASURES
STORMWATER OPERATIONS AND MAINTENANCE MANUAL AND BUDGET
FOR
STORMWATER QUALITY PROTECTION AND RUNOFF CONTROLS
INSTALLED FOR
PHASE ONE
OF THE
PARK GROVE SUBDIVISION
I. INTRODUCTION
This manual establishes procedures for maintenance and operation of
stormwater control' devices for the first phase of the Park Grove Subdivision.
The Park Grove Subdivision is located in the Neuse River basin and in the
jurisdiction of the Town of Fuquay-Varina. New developments are required,
unless exempt, to construct, operate and maintain facilities designed to
protect the watershed(s) draining the property being developed. If repairs are
required as part of a scheduled inspection, the work should be completed
immediately following the inspection.
One of the requirements of the Stormwater Control and Watercourse Buffer
Regulations is the development of a stormwater operations and maintenance
manual and budget for the stormwater control measures and its approval by the
NC DWQ. The purpose of this document is to explain the purpose of each
stormwater control measure, its operation, and the maintenance required.
II. STORMWATER CONTROL DEVICES
A. General
There are four stormwater control devices serving the first phase of the
subdivision. The stormwater control facilities consist of a rip-rap flow
dissipater pad and weir and level spreaders designed for the purpose of
reducing stormwater discharge velocities, removal of suspended solids,and
returning concentrated stormwater flows to sheet flow before discharge near
existing Neuse River buffers.
The facilities require no active operation during storm events.
The design of the facilities is shown on the approved construction
drawing. This facility consists of stormwater collection, stormwater
dissipater pad and level spreaders as follows:
2
.
Collection of Stormwater:
Stormwater is collected and conveyed to the discharge area through catch
basins and reinforced concrete pipe located in the subdivision.
Dissapater Pads
A rip-rap dissipater pad measuring 20-feet by 10-feet constructed of 18-
inches of Class B stone is provided to control the discharge.
Replenishment of rip-rap will be made annually.
Level Spreaders
B. Maintenance
1. Monthly or after every rainfall event of 2-inches in 24 hours,
whichever comes first for each discharge structure:
- inspect the level spreaders within 72 hours of a 2-inch in 24-
hour rainfall event to ensure that the level spreaders are
operating as designed,
- inspect and remove any accumulated debris and litter from the
outlets and rip-rap,
2. Semi-annually for each retention structure:
- check the sediment storage area behind the level spreader weir
and remove all sediment (regardless of depth of accumulation) and
debris from the level spreader sediment storage area, and
- repair any damage to the discharge weir.
III. Major Repairs
Major repairs include:
- a collapse or breaching of the level spreader weir and
- other repair costs exceeding one-third of the initial construction
cost of any structure.
Note: Entry to any confined space is subject to all OSHA regulations for entry
to confined spaces.
3
IV. RECORDS
The Owner of the subdivision shall maintain records showing the results
of monthly, semi-annual, and annual maintenance activities. After the last lot
in the subdivision is sold by the Owner of the Subdivision, the Homeowner's
Association shall maintain records showing the results of monthly, semi-annual,
and annual maintenance activities. The term "Owner" shall be used to indicate
either the Owner of the subdivision or the Homeowner's Association.
The Owner shall submit to the NC DWQ an annual inspection report from a
qualified registered North Carolina professional engineer, surveyor, or
landscape architect. Records should indicate the date and time of the visit,
weather conditions, date, intensity and duration of the previous rain event,
observations on the condition of the facility and actions taken to correct
deficiencies noted. Records on the cost of maintenance of each facility should
be maintained. Maintenance records shall be kept for a period of three years.
V. ANNUAL INSPECTIONS AND INSPECTION REPORT
The Owner shall submit to the NC DWQ an annual inspection report from a
qualified registered North Carolina professional engineer, surveyor, or
landscape architect. The report shall contain all of the following:
(a) The name, address of the landowner;
(b) The location of each inspected stormwater control facility;
(c) A statement that an inspection was made of all required stormwater
control facilities, including open space areas;
(d) The date the inspection was made;
(e) A statement that all inspected stormwater control facilities are
performing properly and are in compliance with the approved stormwater
control plan. No sampling of pollutant loading is required as part of the
inspection;
(f) The original signature and seal of the engineer, surveyor, or
landscape architect.
Annual inspection reports shall be submitted on the attached form unless
the NC DWQ supplies an alternate form. An original inspection report shall be
given to the NC DWQ beginning from the date the as-built was first certified
under §10-9025(c) and each year thereafter on the anniversary date of said
certification.
The estimated average cost of an annual inspection is $400.00.
VI. ANNUAL MAINTENANCE BUDGET
1. Stormwater Control Structures Maintenance Budqet
a. Monthly/Semiannual or after every rainfall event
of 2-inches in 24 hours
Labor - 4 hours @ $25.00/hour $100.00
Material (average) $ 30.00
Disposal of debris $ 50.00
Total Estimated Cost $180.00
4

ANNUAL INSPECTIONS REPORT
FOR THE
Landowner Information:
THE PARK GROVE SUBDIVISION
STORMWATER CONTROL MEASURES
Name of Owner:
Street Address:
City, State, Zip Code:
Recorded Book and Page Nos.:
INSPECTION OF STORMWATER CONTROL FACILITIES:
On an inspection was made of all stormwater control
facilities using the following checklist:
Maintenance Records:
? monthly and semi-annual maintenance records provide a complete record of
activities.
Stormwater Control Facility No. 0-1:
? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Stormwater Control Facility No. 0-4:
? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Stormwater Control Facility No. 0-13:
6

? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Stormwater Control Facility No. 0-14:
? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Signature of Inspector Title Firm Date
Note: Entry to the confined spaces is subject to all OSHA regulations for
entry to confined spaces.
The following certification is to be made by a North Carolina registered
professional engineer, registered landscape architect, or a registered
professional land surveyor.
CERTIFICATION
I certify that the Stormwater Control Measures referenced in this document have
been maintained in conformance with the approved stormwater management plan and
maintenance manual and are performing properly. This certification is made
based on personal observation or on the observation by someone under my direct
supervision of the site and review of maintenance records.
Signature
Registration No. Date
(seal)
7
01/07/1994 21:29 919-872-9214
1
8480 Garvey Drive
Raleigh. North Carolina 27616-3175
e_mail, rgoldsteinArjgaCaroli - -n
FAX TRANSMISSION
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TO: r1 . ? Uel
tl?44Lk.. Val, lie ty)
PAGE 01
Iel:[phone] or [phone]
Fax.[phone]
website: www.tjgaCarohna.com
FAX #: e ' 3
SU13JECT:1? i?
1=ROM: DATE: 4?
PAGES (incl. cover): TIME:
COMMENTS: AV%(
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""ILANOS1401 npollp
AUG 3 0 2004
wATE'R QUALI Ty SE(; riON
Environmental Assessments a Environmentaf impact Stalemenls #Jurisdictional Wetland oelineations a Endangerod Spocies Surveys
GrS/GPS Mapping +Reservoirs eArchaeological Surveys and Testing a Waler Supply Projects a Real Estate Risk Assessments • Lako Managomerl
Watershed Management • lnstream Flow Analyses • Mitigation Plans a Stream Restoration a Municipal Solid Waste LandfulS • Saworfines
Wastewater Treatment Plants a 404 and 401 Permits a Groundwater Monitoring •8iologica/Assessments a Export Witnoss Taslrmony
a?aG,taGtx?aoa?,ia,?eoy ,?.:
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ENVIRONMENTAL CONSULTANTS
Since 1985
AUG-30-2004 MON 12:50 TEL:[phone] NAME:DWO-WETLANDS P. 1
01/07/1994 21:29 919-872-9214 PAGE 02
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towstem.
all, elnent
PROGRAM
August 24, 2004
Sears Peffer
Robert Goldstein & Associates, Inc.
8480 Garvey Drive
Raleigh, NC 27616-3175
Subject: Project- Park Grove Subdivision
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for riparian wetland impacts associated with the subject project. Please note that the decision by the
NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the
U.S. Array Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate.
This acceptance is valid for six months from the date of this letter. U we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated August 23, 2004, the riparian wetlands restoration that is
necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream Riparian Wetlands Riparian Buffer
0.318
The riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404
Permit for impacts associated with the subject project in Cataloging Unit 03030301 of the Neuse River Basin. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Deborah D. Anderson
In-Lieu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Burdette, USACOE-Raleigh
Steve Mitchell. DWQ Regional Office-Raleigh
File
Rres:?-oYi.K?... EKliMZitl?j... Pro" Our Stag O&A
North Carolina Ecosystem Enhancement Progrom, 1619 Mail Service Center, Raleigh, NC 27699-1619 / 919.733-5208 / www.nceep.net
AUG-30-2004 MON 12:51 TEL:[phone] NAME:DWQ-WETLANDS P. 2
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive Since 1985 Tel:[phone]
Raleigh, North Carolina 27616-3175 Fax:[phone]
e-mail: rgoldstein(a)rigaCarolina com website: www.RJGAcarolina.com
03 August 2004
Mr. John Dorney and Ms. Cynthia Van Der Wiele
NC-DWQ Wetlands/401 Unit
2321 Crabtree Boulevard
Raleigh, NC 27615
WETLANDS 1401 GROUP
AUG 0 4 2004
WATER QUALITY SECTION
Re: DWQ Project #04-0719: Response to DWQ request for additional information on Park
Grove Subdivsion, Cairns Drive stream/wetland crossing, Wake County.
Dear Mr. Dorney & Ms. Van Der Wiele:
On May 6, 2004, you sent a letter to Mr. Larry Witek of First Capital Investments (FCI)
requesting additional information concerning a PCN for a road crossing in Park Grove
Subdivision, located north of Fuquay-Varina in Wake County. Robert J. Goldstein & Associates,
Inc. (RJG&A) is serving as Mr. Witek's authorized agent on this project and has been asked to
respond to your questions, below. Also, please note that the owner/developer of Park Grove is
now "Potterstone LLC" and permits should be issued to this entity. FCI is the sole managin
partner of Potterstone LLC.
1. Provide locations of proposed stormwater management practices required by GC-3402.
2. Provide details for stormwater management practices as required by GC-3402.
3. Indicate all stormwater outfalls on the site plan.
4. Indicate the diffuse flow provision measures on the site plan.
Project engineer Doug Hudgins has revised the site plans to better illustrate all proposeed
temporary and permanent stormwater control features for Phase 1 of Park Grove, based on our
July 26 meeting at your office. (Details for Phase II, the western half of Park Grove, are not yet
designed). A set of supplementary figures has been prepared from these sheets and attached
below. Temporary diversion ditches along the proposed roadways will collect stormwater into
seven temporary sediment basins during construction. These will utilize flow spreaders and
check dams to slow stormwater velocity. Following road construction, the ditches and sediment
basins will be replaced with 32 permanent curb and gutter inlets and eight stormwater outlets
with riprap dissipators, four of which will have level spreaders (0-1, 0-4, 0-13, 0-14). The sizing
and design of each level spreader is documented in the attached DWQ Level Spreader
Worksheets. The four outlets without level spreaders (0-17, 0-37, 0-19, and JB-1) are 300 feet or
more beyond the stream buffer, where spreaders would have little benefit, and will achieve non-
erosive velocities at the dissipater outlet. The latter two (0-19, and JB-1) are temporary outlets,
and will be extended westward into new outlets when Phase 2 is developed. The future
permanent outlet below 0-19 may have a level spreader if appropriate, and plans will submitted
Environmental Assessments *Environmental Impact Statements •Jurisdictional Wetland Delineations •Endangered Species Surveys
GIS/GPS Mapping *Reservoirs *Archaeological Surveys and Testing v Water Supply Projects # Real Estate Risk Assessments 0 Lake Management
Watershed Management • Instream Flow Analyses • Mitigation Plans • Stream Restoration • Municipal Solid Waste Landfills • Sewerlines
Wastewater Treatment Plants • 404 and 401 Permits • Groundwater Monitoring • Biological Assessments 0 Expert Witness Testimony
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive Since 1985 Tel: [phone]
Raleigh, North Carolina 27616-3175 Fax:[phone]
e-mail: r oldstein r' aCarolina.com website: www.RJGAcarolina.com
for DWQ approval at that time. JB-1 discharges to an existing roadside ditch along Old Powell
Road and thus will not have a level spreader. The Cairns Drive stream crossing (0-3) will have a
700 square foot riprap dissipator at the culvert outlets.
Stormwater flow and velocity calculations used in design of temporary sediment basins,
permanent outlets, dissipators, and the Cairns Drive stream culvert are provided in Tables on the
attached sheets. These are designed in accordance with NC-DENR's Sediment and Erosion
Control Manual and the Stormwater Best Management Practices Manual, and should achieve the
velocity and suspended sediment performance criteria required by the General Certification,
based on the engineer's calculations.
The overall impervious surface area density at subdivison build-out will be
approximately 30 percent based on typical building footprints (provided by the homebuilding
company, and using their larger footprint homes for averaging), driveways, sidewalks, and
streets in Park Grove subdivision. All remaining wetlands and Neuse buffers along the southern
and western portions the site are excluded from residential lots, and will be held in common
ownership by a property owners association. This includes roughly 5.5 acres of wetland and 0.3
acre of non-wetland riparian buffer north of the creek, plus 4.9 acres south of the creek, most of
which appears to be wetlands (not delineated). Also, approximately 2.8 acres of upland vegetated
park areas (beyond Neuse buffers) will be maintained in four tracts in the central and southeast
portions of the subdivision.
A draft Stormwater Operations and Maintenance Manual for Park Grove Subdivision is
attached. The finalized agreement along with the homeowners association documents will be
executed and recorded on or about August 20, 2004, and copies will be forwarded to DWQ at
that time.
We hope that the additional information provided here is sufficient to address your
concerns and complete the processing of this PCN. If you have any further questions or require
additional information please contact either me, Mr. Witek (858-9468), or Mr. Hudgins (614-
5872). Your quick response would be very much appreciated.
Sincerely,
Gerald B. Pottern
Senior Biologist
cc: Larry Witek - Potterstone LLC /First Capital Investments
Doug Hudgins - The Rose Group
Environmental Assessments • Environmental Impact Statements •Jurisdictional Wetland Delineations • Endangered Species Surveys
GIS/GPS Mapping * Reservoirs * Archaeological Surveys and Testing * Water Supply Projects # Real Estate Risk Assessments 0 Lake Management
Watershed Management • Instream Flow Analyses • Mitigation Plans • Stream Restoration • Municipal Solid Waste Landfills • Sewerlines
Wastewater Treatment Plants 0 404 and 401 Permits 0 Groundwater Monitoring • Biological Assessments • Expert Witness Testimony
OF W ATF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
\Q G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
-( Division of Water Quality
Q C Coleen H. Sullins, Deputy Director
Division of Water Quality
July 9, 2004
Wake County
DWQ Project # 04-0719
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Larry Witek
First Capital Investments
1121 Situs Court, Suite 390
Raleigh, NC 27606
Subject Property: Park Grove Subdivision, Cairns Park
Dear Mr. Witek:
On July 2, 2004, the Division of Water Quality (DWQ) received your response to deficiencies identified in
your May 3, 2004 application. The response does not fully address the issues DWQ identified for the
following reasons:
1. The proposed development will have greater than 30 percent impervious surface. A stormwater
management plan is required. Please provide a plan that meets the design criteria in DWQ's
stormwwater manual (DENR. 1999. Stormwater Best Management Practices).
2. What are the velocities at the outlets without level spreaders? Outlet velocities of 3 cfs and greater
require a plunge pool, energy dissipator, or other site-appropriate devices (at all outlets).
3. Please include level spreader worksheets for all level spreaders.
4. Operation and Maintenance Agreement: a signed operation and maintenance agreement is required
for all stormwater management devices.
Please prepare a stormwater management plan at a suitable scale (e.g, 1" = 50') so that we can begin to
determine your project's compliance with 15A NCAC 2H .0500. If you have any questions or require
copies of rules or procedural materials, please telephone Cynthia Van Der Wiele at 919.715-3473.
This project will remain on hold as incomplete in accordance wth 15A NCAC 2H .0505(c). The
processing time for this application will begin when this information is received. If we do not hear
from you by writing or by fax at 919.733.6893, within three (3) weeks, we will assume that you no
longer wish to pursue the project and DWQ will consider it withdrawn.
Si
hn R. Dorney
N DWQ, Ma ger
JRD/cvdw
Cc: USACE Raleigh Regulatory Fiel Office
DWQ Raleigh Regional Office
File Copy
Central Files
Gerald Potters, Robert Goldstein & Associates, 8480 Garvey Drive, Raleigh, NC 27616-3175
994r
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center. Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd , Raleigh, NC 27604-2260 (location)
1919) 733-1786 (phone), 919-733-6893 (fax). (http //112o enr state.nc us/ncwetlands
V I, .) V L V V Y I I\ l i V L I ., YJ ./ ./ 1 ././ L
DWO Project No _O` -07/7 Park Grove s u bd ivy vbm
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Prcject Name : PARK GRo?? 1Sv DIV15,10A/ . /?rf.45E d2,V6-
_
Contact Person: :rkuG 1411-De Ini5 Phone Number. L9??1) 61y - 5a 7Z
Level Spreader ID:.
Level Spreader Length 3 ft.
Drainage Area 011/41/ ac.
Impervious Area 0,3 96 ac.
Maximum Filter Strip/Buffer Slope J. o %
grass
Max. Discharge from a 10 Year Storm 2, 67 cfs
Max. Discharge to Level Spreader 301 cfs
Filter Strip/Buffer Vegetation C?( /.455
(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)'
, n0 - rX 0 F, I vA"
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Pre-treatment or Bypass Method A//,g
REQUIRED ITEMS CHECKLIST
App- R/W P15-S ?o , rx wl"VZ_
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. It a
requirement has not been met, attach an explanation of why. At a minimum, a complete stommrater 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.
ADDlicants Initials
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.
NA Pre Form Scour Holes are on flat slopes only
No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Dption Document:
H10 Bypass method is specified (it applicable) and plan detail3 and calculations are provided
IVIA Discharge to level spreader and subsequent filtar strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers,
N//? 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 ppiidl@Y4,Spreader cannot be located in Zone t of a protected buffer area.
y
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07%:10/2004 FKI 11:03 1. Ax LO 0021002
DwQProject No. 0 1-070 Park Grove subdIVISi0o
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
I, PROJECT INFORMATION (please complete the following information).
Project Name: P4-kk C,ccvG- SveDiysSio?/, PN?tSC OryF
Contact Person: 09L-1G, /-20,1, Ul/S Phone Number: L919 116 IV - 5';5'7Z _
Level Spreader ID: 0-1
Level Spreader Length Z3,J _ ft. (perpendicular to flow)
Drainage Area Y, lk/ ac. (on-site and off-site drainage to the level spreader)
Impervious Area 2. G3q ac. (on-site and off-site drainage to the level spreader)
Maximum Filter Strip/Buffer Slope % (6% for forested, leaf littler cover, 8% for thick ground cover)'
grass
Max. Discharge from a 10 Year Storm /7.99 cis
Max. Discharge to Level Spreader S0,15 cfs I no yR - e:
Filter Strip/Buffer Vegetation 77?A'4,5,, (thick ground cover or grass, canopied forest with leaf litter
groundcover)
Pre-treatment or Bypass Method w/w,?F-i2
II. REQUIRED ITEMS CHECKLIST
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 stomtwater 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
-Level spreader is at least 13 ft. per ,fs for thick ground cover or grass or 100 ft per cis in canopied forest with leaf
litter. / 17,90 x 13 = 0 3 3, R -7
N/n Pre-Form Scour Holes are or, flat slopes only
No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document:
N/? Bypass method Is specified (if applicable) and plan details and calculations are provided
N/p 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.

O
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Id16!liO Wli??d1

DWQ Project No. D Y- 0 71 q Park Grove s u bdivisi oK
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Project Name : 4R0114e ° v? ivi rani ?% e-
Contact Person: aix /•A/pc ('VS hone Number: (Q(y ) ee/ - fr7 Z.
Level Spreader ID:. 0-13
Level Spreader Lergth 66- ft. (perpondi-.ular to flow)
Drainage Area /, 555 ac. (on-site and off-site drainage to the level spreader)
Impervious Area O,rp `/g ac. (on•sity and off-site drainage to the level spreader)
Maximum Filter Strip/Buffer Slope ? ev Y. % (6% for forested, leaf littler cover, 8% for thick ground cover)'
grass
Max. Discharge from a 10'fear Storm S' ©S cfs
Max. Discharge to Level Spreader :5.64 cfs IOD yg a $.1 rN/,,Q
Filter Strip/Buffer Vegetation G2?S5 (thick ground cover or grass, canopied forest with leaf litter
groundcover)
Pre-treatment or Bypass Method IJI-*, ,1715.5/44,-&7L W,va-rlL
II. REQUIRED ITEMS CHECKLIST
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 plar, 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.
Applicants Initials
-24 Level spreader is at least 13 ft. per cts for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
titter.
N/ Pre-Form Scour Holes are on flat slopes only.
No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document:
-Bypass melhod is specified (if applicable) and plan details and calculatiors are provided
;114 Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers.
N A Plan details for the bypass and outlets are provided.
The operation and maintenance agreement includes annual erosion and vegetation repair.
-The operation and maintenance agreereni signsd and notarized by the responsible parry is provided.
Level spreaders in series can be used on slopes of up to 15% in forested areas w;th leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed acco?ding to the Draft LeN1J Spreader Design Option Document. This potentially requires a
miner variants in protected. buffer areas. In any event the seCOh Jete)tp1'06dPj cannot be located in Zone 1 of a protected buffer area.
sio'l
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DWO Project No. O Y - 0 717 Park Grove su kiv&art
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Project Name : e&K C, 20?L 5140rv1510N PhF?4s? ONE
Contact Person: ..Doom /-/voc'mis Phone Number: (919 ) 61 ,l-SSs72
Level Spreader ID:. 0-Iq
Level Spreader Length 5& It.
Drainage Area o, 9yo ac.
Impervious Area Q. /Z ac.
Maximum Filter Strip/Buffer Slope oo %
grass
(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)`
Max. Discharge from a 10 Year Storm 5 s/' cfs
Max. Discharge to Level Spreader 5, oo cfs /00 yg ce? 5.1 1 u/„a
Filter Strip/Buffer Vegetation G 9AS5 (thick ground cover or grass, canopied forest with leaf litter
groundcover)
Pre-treatment or Bypass Method ^/? RiP-P x/55 r f'.4i?n W11we-a2
REQUIRED ITEMS CHECKLIST
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.
Applicants Initials
i 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.
N Pre-Form Scour Holes are on flat slopes only
No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document:
NIA Bypass method is specified (if applicable) and plan details and calculations are provided
nV14 Discharge to level spreader and subsegaen! ffter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected ouffers.
NIP 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 o• grass if designed according to the Draft Level Spreader Design Option Document. Ti his potentially requires a
miner variance in protected buffer areas. In any event the second levelA,preadgr,cannot be located in Zone 1 of a protected buffer area.
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STORMWATER OPERATIONS AND MAINTENANCE MANUAL AND BUDGET
FOR
STORMWATER QUALITY PROTECTION AND RUNOFF CONTROLS
INSTALLED FOR
THE PARK GROVE SUBDIVISION
Fuquay-Varina, North Carolina
Prepared by
H2Engineers, Inc.
112 Fairwood Drive
Morrisville, NC 27560
Telephone: [phone]
Fax: [phone]
lw?
THE PARK GROVE SUBDIVISION
STORMWATER CONTROL MEASURES
STORMWATER OPERATIONS AND MAINTENANCE MANUAL AND BUDGET
FOR
STORMWATER QUALITY PROTECTION AND RUNOFF CONTROLS
INSTALLED FOR
PHASE ONE
OF THE
PARK GROVE SUBDIVISION
I. INTRODUCTION
This manual establishes procedures for maintenance and operation of
stormwater control devices for the first phase of the Park Grove Subdivision.
The Park Grove Subdivision is located in the Neuse River basin and in the
jurisdiction of the Town of Fuquay-Varina. New developments are required,
unless exempt, to construct, operate and maintain facilities designed to
protect the watershed(s) draining the property being developed. If repairs are
required as part of a scheduled inspection, the work should be completed
immediately following the inspection.
One of the requirements of the Stormwater Control and Watercourse Buffer
Regulations is the development of a stormwater operations and maintenance
manual and budget for the stormwater control measures and its approval by the
NC DWQ. The purpose of this document is to explain the purpose of each
stormwater control measure, its operation, and the maintenance required.
II. STORMWATER CONTROL DEVICES
A. General
There are four stormwater control devices serving the first phase of the
subdivision. The stormwater control facilities consist of a rip-rap flow
dissipater pad and weir and level spreaders designed for the purpose of
reducing stormwater discharge velocities, removal of suspended solids,and
returning concentrated stormwater flows to sheet flow before discharge near
existing Neuse River buffers.
The facilities require no active operation during storm events.
The design of the facilities is shown on the approved construction
drawing. This facility consists of stormwater collection, stormwater
dissipater pad and level spreaders as follows:
Collection of Stormwater:
Stormwater is collected and conveyed to the discharge area through catch
basins and reinforced concrete pipe located in the subdivision.
Dissipater Pads
A rip-rap dissipater pad measuring 20-feet by 10-feet constructed of 18-
inches of Class B stone is provided to control the discharge.
2
r^? 1
Replenishment of rip-rap will be made annually.
Level Spreaders
B. Maintenance
1. Monthly or after every rainfall event of 2-inches in 24 hours,
whichever comes first for each discharge structure:
- inspect the level spreaders within 72 hours of a 2-inch in 24-
hour rainfall event to ensure that the level spreaders are
operating as designed,
- inspect and remove any accumulated debris and litter from the
outlets and rip-rap,
2. Semi-annually for each retention structure:
- check the sediment storage area behind the level spreader weir
and remove all sediment (regardless of depth of accumulation) and
debris from the level spreader sediment storage area, and
- repair any damage to the discharge weir.
III. Major Repairs
Major repairs include:
- a collapse or breaching of the level spreader weir and
- other repair costs exceeding one-third of the initial construction
cost of any structure.
Note: Entry to any confined space is subject to all OSHA regulations for entry
to confined spaces.
IV. RECORDS
The Owner of the subdivision shall maintain records showing the results
of monthly, semi-annual, and annual maintenance activities. After the last lot
in the subdivision is sold by the Owner of the Subdivision, the Homeowner's
Association shall maintain records showing the results of monthly, semi-annual,
and annual maintenance activities. The term "Owner" shall be used to indicate
either the Owner of the subdivision or the Homeowner's Association.
The Owner shall submit to the NC DWQ an annual inspection report from a
qualified registered North Carolina professional engineer, surveyor, or
landscape architect. Records should indicate the date and time of the visit,
weather conditions, date, intensity and duration of the previous rain event,
observations on the condition of the facility and actions taken to correct
deficiencies noted. Records on the cost of maintenance of each facility should
be maintained. Maintenance records shall be kept for a period of three years.
3
. *•,
V. ANNUAL INSPECTIONS AND INSPECTION REPORT
The Owner shall submit to the NC DWQ an annual inspection report from a
qualified registered North Carolina professional engineer, surveyor, or
landscape architect. The report shall contain all of the following:
(a) The name, address of the landowner;
(b) The location of each inspected stormwater control facility;
(c) A statement that an inspection was made of all required stormwater
control facilities, including open space areas;
(d) The date the inspection was made;
(e) A statement that all inspected stormwater control facilities are
performing properly and are in compliance with the approved stormwater
control plan. No sampling of pollutant loading is required as part of the
inspection;
(f) The original signature and seal of the engineer, surveyor, or
landscape architect.
Annual inspection reports shall be submitted on the attached form unless
the NC DWQ supplies an alternate form. An original inspection report shall be
given to the NC DWQ beginning from the date the as-built was first certified
under §10-9025(c) and each year thereafter on the anniversary date of said
certification.
The estimated average cost of an annual inspection is $400.00.
VI. ANNUAL MAINTENANCE BUDGET
1. Stormwater Control Structures Maintenance Budget
a. Monthly/Semiannual or after every rainfall event
of 2-inches in 24 hours
Labor - 4 hours @ $25.00/hour $100.00
Material (average) $ 30.00
Disposal of debris $ 50.00
Total Estimated Cost $180.00
Eatimated annual Cost
2. Annual inspections and inspection report
Estimated cost of this activity
3 Estimated other annual costs to maintain the facility:
a. Sediment removal (required twice a year)
b. Rip-rap replenishment (annualized cost)
Total budget for all Stormwater Control Measures
$2,160
$ 400
$1,500
$ 300
$4,360
4
-0 1 4
ANNUAL INSPECTIONS REPORT
FOR THE
THE PARK GROVE SUBDIVISION
STORMWATER CONTROL MEASURES
Landowner Information:
Name of Owner:
Street Address:
City, State, Zip Code:
Recorded Book and Page Nos.:
INSPECTION OF STORMWATER CONTROL FACILITIES:
On an inspection was made of all stormwater control
facilities using the following checklist:
Maintenance Records:
? monthly and semi-annual maintenance records provide a complete record of
activities.
Stormwater Control Facility No. 0-1:
? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Stormwater Control Facility No. 0-4:
? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Stormwater Control Facility No. 0-13:
5
? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Stormwater Control Facility No. 0-14:
? rip-rap dissipater pad is functional and free of any accumulated debris,
? verify that the level spreader weir is operating as designed following a
rainfall event,
? verify that the sediment storage area of the level spreader is free from
sediment and debris, and
? the catch basins and stormwater collection system is operating properly.
Signature of Inspector Title Firm Date
Note: Entry to the confined spaces is subject to all OSHA regulations for
entry to confined spaces.
The following certification is to be made by a North Carolina registered
professional engineer, registered landscape architect, or a registered
professional land surveyor.
CERTIFICATION
I certify that the Stormwater Control Measures referenced in this document have
been maintained in conformance with the approved stormwater management plan and
maintenance manual and are performing properly. This certification is made
based on personal observation or on the observation by someone under my direct
supervision of the site and review of maintenance records.
Signature
Registration No. Date
(seal)
6
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? 9 Michael F. Easley, Governor
O?
pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
r Alan W. Klimek, P.E., Director
] Division of Water Quality
.r Coleen H. Sullins, Deputy Director
Division of Water Quality
July 9, 2004
Wake County
DWQ Project # 04-0719
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Larry Witek
First Capital Investments
1121 Situs Court, Suite 390
Raleigh, NC 27606
Subject Property: Park Grove Subdivision, Cairns Park
Dear Mr. Witek:
On July 2, 2004, the Division of Water Quality (DWQ) received your response to deficiencies identified in
your May 3, 2004 application. The response does not fully address the issues DWQ identified for the
following reasons:
1. The proposed development will have greater than 30 percent impervious surface. A stormwater
management plan is required. Please provide a plan that meets the design criteria in DWQ's
stormwwater manual (DENR. 1999. Stormwater Best Management Practices).
2. What are the velocities at the outlets without level spreaders? Outlet velocities of 3 cfs and greater
require a plunge pool, energy dissipator, or other site-appropriate devices (at all outlets).
3. Please include level spreader worksheets for all level spreaders.
4. Operation and Maintenance Agreement: a signed operation and maintenance agreement is required
for all stormwater management devices.
Please prepare a stormwater management plan at a suitable scale (e.g, 1" = 50') so that we can begin to
determine your project's compliance with 15A NCAC 2H .0500. If you have any questions or require
copies of rules or procedural materials, please telephone Cynthia Van Der Wiele at 919.715-3473.
This project will remain on hold as incomplete in accordance wth 15A NCAC 2H .0505(c). The
processing time for this application will begin when this information is received. If we do not hear
from you by writing or by fax at 919.733.6893, within three (3) weeks, we will assume that you no
longer wish to pursue the project and DWQ will consider it withdrawn.
hn R. Dorney
N DWQ, Ma ger
JRD/cvdw
Cc: USACE Raleigh Regulatory Fiel Office
DWQ Raleigh Regional Office
File Copy
Central Files
Gerald Pottern, Robert Goldstein & Associates, 8480 Garvey Drive, Raleigh, NC 27616-3175
RMM
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http:/fh2o.enr.state.nc.us/ncwetlands
DWQ# C)qo 7 / Date Who Reviewed: C"
Plan Detail Incomplete Vf?
F1 Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, Ian.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage. - -
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the Or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over I acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive Since 1985 Tel:[phone]
Raleigh, North Carolina 27616-3175 Fax:[phone]
e-mail: r oldstein r' aCarolina.corn website: www.RJGAcarolina.com
02 July 2004
WETLANDS/ 401 GROUP
Mr. John Dorney FILE COPY JUL. 0 2 2004
NC-DWQ Wetlands/401 Unit
2321 Crabtree Boulevard WATER QUALITY SECTION
Raleigh, NC 27615
RE: Response to DWQ request for additional information regarding Park Grove
Subdivsion, Cairns Drive (DWQ#04-0719)
Dear Mr. Dorney:
On May 6, 2004, you sent a letter to Mr. Larry Witek of First Capital Investments requesting
additional information concerning a PCN for a road crossing in Park Grove Subdivision, located
north of Fuquay-Varina in Wake County. Robert J. Goldstein & Associates, Inc. (RJG&A) is
serving as Mr. Witek's authorized agent on this project and has been asked to respond to your
questions, below:
1. Provide locations of proposed stormwater management practices required by GC-3402.
2. Provide details for stormwater management practices as required by GC-3402.
3. Indicate all stormwater outfalls on the site plan.
4. Indicate the diffuse flow provision measures on the site plan.
Project engineer Doug Hudgins has revised the site plans to better illustrate all proposeed
temporary and permanent stormwater control features for Phase 1 of Park Grove. (Details for
Phase 11, the western half of Park Grove, are not yet designed). A set of supplementary figures
has been prepared from these sheets and attached below. Temporary diversion ditches along the
proposed roadways will collect stormwater into seven temporary sediment basins during
construction. These will utilize flow spreaders and check dams to slow stormwater velocity.
Following road construction, the ditches and sediment basins will be replaced with 32 permanent
curb and gutter inlets and seven permanent stormwater outlets with riprap dissipators, four of
which will have level spreaders (0-1, 0-4, 0-13, 0-14). The length of each level spreader (in feet)
is based on the ten-year storm flow (in cfs) x 13. The three outlets without level spreaders (0-
17, 0-19, and JB-1) are 300 feet or more beyond the stream buffer, where spreaders would have
little benefit. The latter two are temporary outlets, and will be extended westward into new
outlets when Phase 2 is developed. These future permanent outlets may have level spreaders if
appropriate, based on topography and distance from the buffer. The Cairns Drive stream crossing
(0-3) will have a 700 square foot riprap dissipator at the culvert outlets.
Stormwater flow and velocity calculations used in design of temporary sediment basins,
permanent outlets, dissipators, and the Cairns Drive stream culvert are provided on the attached
sheets. These are designed in accordance with NC-DENR's Sediment and Erosion Control
Environmental Assessments • Environmental Impact Statements • Jurisdictional Wetland Delineations • Endangered Species Surveys
GIS/GPS Mapping 0 Reservoirs •Archaeological Surveys and Testing • Water Supply Projects 0 Real Estate Risk Assessments • Lake Management
Watershed Management • Instream Flow Analyses • Mitigation Plans • Stream Restoration • Municipal Solid Waste Landfills • Sewerlines
Wastewater Treatment Plants • 404 and 401 Permits • Groundwater Monitoring • Biological Assessments • Expert Witness Testimony
Manual and the Stormwater Best Management Practices Manual, and should achieve the velocity
and suspended sediment performance criteria required by the General Certification, based on the
engineer's calculations.
The overall impervious surface area density at subdivison build-out will be
approximately 30 percent based on typical building footprints (provided by the homebuilding
company, and using their larger footprint homes for averaging), driveways, sidewalks, and
streets in Park Grove subdivision. All remaining wetlands and Neuse buffers along the southern
and western portions the site are excluded from residential lots, and will be held in common
ownership by a property owners association. This includes roughly 5.5 acres of wetland and 0.3
acre of non-wetland riparian buffer north of the creek, plus 4.9 acres south of the creek, most of
which appears to be wetlands (not delineated). Also, approximately 2.8 acres of upland vegetated
park areas (beyond Neuse buffers) will be maintained in four tracts in the central and southeast
portions of the subdivision.
We hope that the additional information provided here is sufficient to address your
concerns and complete the processing of this PCN. If you have any further questions or require
additional information please contact either me or Mr. Witek. Your quick response would be
very much appreciated.
Sincerely, ?Q z
Gerald B. Pottern
Senior Biologist
cc: Larry Witek - First Capital Investments
Doug Hudgins - The Rose Group
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imap://[e-mail]:143/fe...
Subject: Re: Park Grove, Cairns Drive - DWQ # 040719
From: John Dorney <[e-mail]>
Date: Sat, 29 May 2004 15:05:40 -0400
To: Alicia DuClos <[e-mail]>
CC: Gerald Pottern <[e-mail]>
please print this out and put the project on hold. thankx
Gerald Pottern wrote:
Dear John and Jennifer --
0Ll -0-719
on-ko t d
ln)00cf, Co.
On April 28, 2004 I sent you a PCN application for the proposed Cairns Drive stream/wetland crossing in the
Park Grove subdivision, Fuquay-Varina, Wake County. On May 6 John sent a letter requesting additional
information about stormwater management and diffuse flow provision in the subdivision. The applicant, Larry
Witek of First Capital Investments, has asked that we put this PCN application on hold while he investigates other
options for this project. Thank you.
Sincerely,
Gerald B. Pottern
Robert J. Goldstein & Associates
8480 Garvey Drive
Raleigh, NC 27616
919-872-1174
[e-mail]
I of 1 5/31/2004 7:58 AM
r' of W ATF9
r
Q Y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 6, 2004
DWQ # 04-0719
Wake County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
First Capital Investments
Attn: Larry Witek
1121 Situs Court, Suite 390
Raleigh, NC 27606
Subject Property: Park Grove Subdivision, Cairns Drive
Dear Mr. Witek:
On May 3, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your
plan to fill wetlands or waters for the purpose of a road crossing in Wake County. Approval from DWQ is
required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ #
listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can
begin to determine your projects' compliance with 15A NCAC 2H.0500.
1. Please provide the location of any proposed stormwater management practices as required by GC 3402.
2. Please provide detail for the stormwater management practices as required by GC 3402.
3. Please indicate all stormwater outfalls on the site plan.
4. Please indicate the diffuse flow provision measures on the site plan.
Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 211.0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
ey
?Waiter Quality Certifi ation Program
JRD/bs
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Gerald Pottern, Robert Goldstein and Associates, 8480 Garvey Drive, Raleigh, NC 27616-3175
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr,state.nc.us/ncwedandsl
Customer Service #: 1-877-623-6748

ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive Since 1985 Tel:[phone] or [phone]
Raleigh, North Carolina 27616-3175 Fax:[phone]
e-mail: rgoldsteingrjgaCarolina com website: www.r6gaCarolina.com
28 April 2004
Ms. Jennifer Burdette FILE COPY
US Army Corps of Engineers . t ?, .;
6508 Falls of Neuse Rd, Suite 120'.
Raleigh NC 27615
WETLANDS/ 401 GROUP
Mr. John Dorney
NC-DWQ Wetlands/401 Certification Unit MAY 03 7004
2321 Crabtree Boulevard
Raleigh, NC 27604-2260 WATER QUALITY SECTION
Re: PCN for Park Grove Subdivision, Fuquay-Varina, Wake County.
Applicant = Larry Witek, First Capital Investments
Dear Jennifer and John:
Attached are seven copies (DWQ) and one copy (ACE) of a PCN for the Park Grove
Subdivison project in Wake County northwest of Fuquay-Varina, in the Middle Creek (Neuse
River) watershed. The project includes a road that will cross one stream, permanently impacting
70 linear feet of headwater stream (with culverts), 0.331 acre of forested riparian wetland
(filled), and 0.161 acre of Neuse Riparian Buffer within the wetland. On behalf of Mr. W itel< we
are requesting approval of these impacts under ACE Nationwide Permit 14 and its corresponding
DWQ General Water Quality Certification and Neuse Buffer Rules. All other wetlands (approx
13 acres) and riparian buffers on the Park Grove site will be deeded to a homeowners'
association. The private lots shall not include any wetlands or riparian buffers.
An application fee check for $200. from Mr. Witek is enclosed with the DWQ submittal
package. Feel free to call me at 872-1174 or Mr. Witek at 858-9468 if you have questions about
this project or PCN.
Sincerely,

Gerald B. Pottern
Senior Biologist
cc: Larry Witek, First Capital Investments
Doug Hudgins, H2Engineers
Environmental Assessments • Environmental Impact Statements *Jurisdictional Wetland Delineations • Endangered Species Surveys
GIS/GPS Mapping *Reservoirs *Archaeological Surveys and Testing* Water Supply Projects • Real Estate Risk Assessments • Lake t Mnagement
Watershed Management • Instream Flow Analyses • Mitigation Plans • Stream Restoration • Municipal Solid Waste Landfills • Sewerlines
Wastewater Treatment Plants • 404 and 401 Permits • Groundwater Monitoring • Biological Assessments • Expert Witness Testimony
Office Use Only: Form Vcrsion May 2002
USACE Action ID No. DWQ No. _
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: 0
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: F]
II. Applicant Information
Owner/Applicant Information
Name: Mr. Larry Witek
Mailing Address: First Capital Investments
1121 Situs Court, Suite 390
Raleigh NC 27606
Telephone Number: 919-858-9468 Fax Number: 919-858-9472
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Gerald Pottern
Company Affiliation: Robert J. Goldstein & Associates Inc.
Mailing Address: 8480 Garvey Drive
Raleigh NC 27616
Telephone Number: 919-872-1174 Fax Number: 919-872-9214
E-mail Address: Gpotteni a,RJGAcarolina.com _
Page 5 of 15
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If frill-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Park Grove Subdivision -- Cairns Drive stream/wetland crossing
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): #0657564811 and #0657568764
4. Location
County: WAKE Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): Park Grove
Directions to site (include road numbers, landmarks, etc.): The property is on the south side
of Old Powell Road (SR 1111) 0 1 mile west of NC-55/Broad Street 1.5 mile northwest of
downtown Fuquay-Varina.
5. Site coordinates, if available (UTM or Lat/Long): LAT=35°36'30" LON=78°48'30"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Total = 54.7 acres (combined 2 tracts)
7. Nearest body of water (stream/river/sound/ocean/lake): Basal Creek headwater tributary
8. River Basin: Neuse River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://Ii2o.enr.state.iic.us/adniin/naps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The 54.7 acre Park Grove project site is roughly half
forested and half farmland at present (October 2003). The forested portion includes about 13
acres of wetlands along the southern and western portions of the property. Adjacent lands are
residential or in transition from farm and forest to residential use. A gravity sewerline was
Page 6 of 15
installed across the southern portion of the Park Grove property within the past year, and will
be extended northward along the western edge of the property in the near future (PCN in prep
by S&EC) These two sewer segments are projects of the Town of Fuguay-Varina, and their
respective 404/401 authorizations have been or will be issued to the Town, not to the
developer of Park Grove.
10. Describe the overall project in detail, including the type of equipment to be used: Park
Grove is a proposed residential subdivision with public water and sewer in the Town of
Fuquav-Varina Cairns Drive in the existing Sandy Spring subdivision immediately south of
Park Grove currently ends at the boundary between Sandy Spring and Park Grove. Cairns
Drive will be extended northward from this endpoint across a stream and will connect with
the proposed road network in the Park Grove subdivision as required by the Town. 14,413
sq ft (0.331 acre) of mostly forested wetland (including 70 linear feet of stream 5 to 8 foot
wide) will be cleared (mechanized clearing) and filled for this perpendicular road crossing,
using upland soil moved from elsewhere on the site. Four RCP culverts, each 42 inches
diameter and 65 feet long will be installed to convey stream flow, in accordance with DWQ
and Wilmington District regional conditions. The crossing will also impact 2,100 sq.ft of
zone 1 Neuse buffer and 1,400 sq ft of zone 2 buffer. Proposed sewerlines will be within road
rights-of-way and will connect to the existing sewer interceptor at points where roads contact
the existing (south) or proposed (west) sewer rights-of-way. No new off-road sewerline is
proposed and no other construction impact to streams wetlands or buffers is proposed
11. Explain the purpose of the proposed work: The Town of Fuquav-Varina requires road
connectivity between adjacent subdivisions in accordance with accepted planning standards
for improved traffic flow and neighborhood continuity. The affected stream parallels the
border between these subdivisions and must be crossed to achieve road connectivity.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Approximately 1,400 feet of gravity sewerline was installed by the Town of Fuquav-Varina
across the southern portion of the Park Grove proper within the past year, prior to purchase of
the property by the current applicant (First Capital Investments). The Town plans to extend this
sewerline downstream (northward) to Old Powell Road, and the new segment (currentl uy_nder
design) will include 1,300 feet along the western edge of the Park Grove property, mostly in
wetlands. These two sewer segments are projects of the Town of Fuquav-Varina, and their
respective 404/401 authorizations have been or will be issued to the Town, not to the developer
of Park Grove. Note: Jennifer Burdette of the ACE Raleigh Regulatory Office informed RJG&A
Page 7 of 15
by telephone that jurisdictional impacts of these sewerlines installed by the Town will not affect
FCI's permit application and that previous or in-progress permit documents need not be attached
to this application.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future Lurisdictional impacts or permit requests on this property are anticipated other than the
Town's proposed sewerline project described above All lots to be sold for development are
outside of wetlands and Neuse buffers All other wetlands and Neuse buffers (50 feet) on the
property will be held in common by the property owners association. The Town may later
develop a greenway trail or boardwalk through the wetland and zone 2 buffer.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
A map of jurisdictional waters on the entire Park Grove property is appended. The wetland
delineation was prepared by Soil & Environmental Consultants and the survey plat prepared by
Withers & Ravenel Wetland determination forms are appended. At the proposed Cairns Drive
crossing, the wetland width varies from 175 feet (upstream edge of fill) to 245 feet wide
(downstream edge of fill including the 5 to 8 foot wide stream. The proposed roadbed till is 70
feet wide toe to toe at its widest point. Four RCP culverts, each 42 inches diameter and 65 feet
long will be installed to convey stream flow, in accordance with DWQ and Wilmington District
regional conditions. At the culvert outlets rip-rap will be installed in a 25 x 35 foot area, creating
an artificial riffle to dissipate erosive energy. The total area of fill in jurisdictional waters will be
14,413 square feet (0.331 acre). 2,100 square feet of this area is already cleared (for recent
sewerline installation) and the remainder is mostly forested. The stream is indicated as
intermittent (dotted line) on the Fuquay-Varina USGS quadrangle, and its drainage basin area at
the proposed road crossing is 85 acres (0.13 square mile). Field indicators observed by RIG&A
suggest that it mqy be perennial.
Page 8 of 15
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Within FEMA 100
Year Floodplain ?
** (yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Area A Permanent - road fill 0.331 not on FEMA map petp. crossing floodplain forest

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hitp://www.fema.,gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 13 acres
Total wetland impact proposed: 0.334 ac permanent fill (nwp-39 )• No temp impact.
1. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map) Type of
Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
Area A 4 RCP culverts 70 UT Basal Creek 5-8 ft probably perennial
Area A rock dissipator 25 UT Basal Creek 5-8 ft probably perennial

total 95
* List each impact separately and identity temporary impacts. impacts include, out are not united to: culverts and assucrucu lip-lap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us9s.g0v. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.mauquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: total = 95 lin. ft.
2. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean
and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
none
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 9 of 15
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands 0 stream E] wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Cairns Drive in the Sandy Spring subdivision currently ends near the southern boundary of the
Park Grove project site The location of the Cairns Drive connector from Sandy Spring into Park
Grove is thus constrained The proposed width of stream and wetland fill (70 feet maximum)
perpendicular to the stream is the minimum practicable for this crossing, given site topography,
soil conditions and road construction standards. The additional 25 x 35 foot dissipator pad
impact area is necessary to reduce erosive energy of flow exiting, the culverts. The dissipator pad
will function somewhat like a natural cobble/boulder riffle. Sanitary sewerlines in Park Grove
will be installed within road rights-of-way and will require no new wetland disturbance beyond
the existing sewer right-of-way. No stream buffer, or wetland impact is required for any
building lot and all remaining wetlands and stream buffers on the site will be dedicated as
common open space held by the Park Grove property owners association.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
Page 10 of 15
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or prescrving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http•//112o.enr.state.nc.us/ncwetlands/strnl,ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The Park Grove project will impact 0.331 acre of jurisdictional waters including 70 linear
feet of stream It will also impact 70 linear feet of Neuse riparian buffer on each side of the
stream for a total buffer impact of 7,000 square feet (4,200 sq_ft. in Zone 1 and 2,800 sq.ft.
in Zone 2) The Basal Creek tributary on the site is desiganted Class B-NSW. Based on
these impacts and mitigation thresholds identified in NWP 39 and GWQC 3402, we do not
anticipate further compensatory mitigation beyond the minimization measures proposed
herein.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://l12o.cnr.state.ne.us/wrp/in(iex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): No WRP payment is proposed
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 11 of 15
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) finds or the use of public
(federal/state) land?
Yes [:] No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes F? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 4,200 3 none
2 2,800 1.5 none
Total 7,000 none
zone i extenas out -iv teet perpenaicuiar from near oanK or cnannei; Gone L extenas an
additional 20 feet from the edge of Zone 1.
Page 12 of 15
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
The proposed 70 foot widepeipendicular construction corridor does not exceed the Neese buffer
impact threshold (150 linear feet) which triggers a compensatory mitigation requirement on a
Class B-NSW stream.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The existing 54.7 acre property contains woods and fields with no impervious surface. At build-
out Park Grove will have approximately 8,000 linear feet of new subdivision roads, 192
residential lots a 1.4 acre central playground area and 13 acres of wooded wetlands and stream
buffers The estimated total impervious surface area at build-out is 17.0 acres or 31 percent of
the property. The subdivision will have curb and gutter, with 33 stormwater inlets and seven
outlets with rock dissipators discharging at non-erosive velocities along the outer edge of the
riparian buffer, along the southern and western portions of the site (see stormwater table and
figure attached) The Cairns Drive stream crossing culvert (outlet #3) will have a rock dissipator
in the stream channel No stormwater detention structures are required by the Town or proposed
for this project
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Fuquay-Varina municipal WWTP discharging to Terrible Creek
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes [:] No
Is this an after-the-fact permit application?
Yes [:] No
Page 13 of 15
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these pen-nits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

M/ C ooq
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 15
First Capital Investments, LLC
1 I '1 `ilia, (.11111 1. "?uilu NC -''.(lull
October 24, 2003
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Letter of Authority to Act on my Behalf
To whom it may concern:
Please let this letter serve as official notice to DWQ that I am authorizing Robert
J. Goldstein & Associates to act on my behalf in its dealings with the DWQ for the
purpose of procuring the necessary permits for my proposed Park Grove subdivision
located on Old Powell Road just west of Hwy 55 in Fuquay-Varina, NC.
If you should have any questions concerning this authorization, please do not
hesitate to call me at the number listed below.
Sincerely,
C7?AT W 4G?
Larry Witek, Member
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Figure I. Park Grove subdivision, project vicinity map,
Fuquay-Varina USGS Quadrangle, Wake County, NC.
Robert J. Goldstein & Associates, Inc
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive, Raleigh NC 27616

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roads and lots in the Park Grove subdivision.
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ENVIRONMENTAL CONSULTANTS
t 8480 Garvey Drive, Raleigh NC 27616
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Figurc 4. Neuse Riparian Buffers and proposed layout of roads
and lots in the Park Grove subdivision.
L\ ; - -
_ Robert J. Goldstein & Associates, Inc
I;NVIRC)NMF?N"I'AL CONSULTANTS
1 41 8480 6arvcY Drive, R aIcigh NC 27616
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Figure 5. Plan view of proposed Cairns Drive stream and
wetland crossing on the Park Grove property.
Robert J. Goldstein & Associates, Inc
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive, Raleigh NC 27616
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NOTES:
1. BASIS OF BEARING BM 2004 PG 115.
/19 #?00Y,?2-pA50
THIS PROPERTY IS NOT LOCATED
IN A FLOOD AREA PER FIRM COMMUNITY PANEL NUMBER
370368, MAP y37183CO, PANEL 667, AS LAST
PUBLISHED AND REVISED 03103/92.
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4. PORTIONS OF THIS PROPERTY LIE WITHIN THE NEUSE RIVER BASIN.
NUTRIENT SENSITIVE WATERS WITHIN THIS BASIN ARE SUBJECT TO
PROTECTIVE BUFFERS, AS SHOWN HEREON AS OF THE DATE OF
THIS SURVEY.
5. NO BOUNDARY SURVEY WAS PERFORMED FOR THIS MAP,
BOUNDARY INFORMATION TAKEN FOR BM 2004 PG 115
RECORDED IN THE WAKE COUNTY REGISTER OF DEEDS OFFICE.
PO, /-/! M o?P? Vie.- E ? V o / sf rewr?-7 C?j gn?x?s
"THIS CERTIFIES THAT THIS COPY 0 THIS PLAT IDENTIFIES AS WATERS OF THE U.S. OR WETLANDS ALL AREAS OF
WATERS OF THE U.S., INCLUDING WETLANDS, REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER ACT
AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR
PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A
PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE
1987 C0IYS,?O-ENGINEERS WETLANDS DELINEATION MANUAL."
DOT, ?v
?or?W7 o1rope So` 0s1/carp C? an17e l
THIS CERTIFIES THAT THIS OPY OF HIS PLAT DEPICTS THE BOUNDARY OF THE JURISDICTION OF 404 OF THE CLEAN
WATER ACT IN THE AREAS IMPACTED BY THE PRESENTS PROPOSED ACTIVITY. AS DETERMINED BY THE UNDERSIGNED ON
THIS DATE OTHER AREAS OF JURISDICTION MAY BE PRESENT ON THE SITE BUT HAVE NOT BEEN DELINEATED. UNLESS
TlaEPE IS A CHANGE IN THE LAW OR CUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 4D4
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE- THIS DETERMINATION
WAS MADE THE 1987 CORPS OF ,FNGINFERS WETLANDS DELINEATION MANUAL'
rLnGN
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04/01/2004 15:22 FAX
mental Consutants, PA
o 0 $
Wetland Delineation Performed yen Ridge Road
Raleigh, North Carolina 27614
[phone]
0004
DATA FORM
ROUTINE WETLAND DETERMINATION the#la %z
(1987 COE Wetlands Delineation Manual)
Project/Site: NC 55 Utility Relocation Pro'ect S&EC# 6r54.W 1 CDate ounty' 1W1/1 ake0
Count
Applicant/Owner: TOWn Of Fuquay-Varina --- State' North Carolina
Investigator: Todd Pr unin er ---
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.
VEGETATION
Dominant Plant S 'ies
1, Pinus taeda
2. Liquidarrbar styraciflua
3. Acer rubrum
4. Clethra alnifoNa
5. Arundinaria gigantea
5. Smilax laurifofia
7. Woodwardia areolate
X Yes _No Community ID: Mixed Hardwood
Yes __X _No Transect ID:
-Yes X No ? Plot ID: Wetland Fla #518
tratum . Indicator I Dominant Plant S ecies
Tree FAC 9.
Tree FAC-+ 10.
Tree FAC 11.
Shrub FACW 12.
Herb FACW 13.
Vine FACW+ 14.
Herb Ot3L 15.
16.
Percent of Dominant Species that are OBL. FACW, or FAC
raxintudina FAC-);
Remarks' The vegetation meets the criteria (>50% OBL, FACW, or FAC) for nydrophytic vegetation.
Str um Indicator
-Recorded Data:
!Stream, Lake or Tide Gauge
-Aerial Photographs
Other
x No Recorded Data Available
Field Observations.
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil'
Wetland Hydrology Indicators:
Primary Indicators:
-Inundated
X Saturated in Upper 12 Inches
Water Marks
--Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required)
x_Oxidired Root Channels in Upper 12 Inches
NIA (in.) Water•Stained Leaves
-Local Sod SurVey Data
6 (in.) _FAC-Neutral Test
Other (Explain in Remarks)
Remarks' There are sufficlent field indicators to indicate vretland hydrology,
04,01;2004 15:23 FAX
10005
& E-r mental Consultants, PA
Wetland Delineation Pe 1o 0 e Raven Riage Road
Raleigh, Nortn Carolina 27614
,g19)1346-5900
ProjecUSite: , NC 55 Util,t Relocation Pro act Fu a Varina (WET) ` Piot ID: W fiend Fla # 518
SOILS
Drainage Class: Poor
Map UrNt Name Field observations
? No
ibh
(Series and Phase): Wehadkee d Confirm Mapped Type? ? Yes
Taxonomy (Subgroup): T is Fluva uents
Profile )escnption:
Mott'e Color Mottle Texture, Concretions,
Depth Matrix Color Abundance/Contrast Structure, etc.
(inches) Horizon (Mansell Moist) Mansell Moist) Sand Lcam
___
0-4 10YR 413 - -com?monldistinct Sand clay loam
16YR 4l2 16YR 416
Hydric Soil Indicators:
Histosol
^Histic Epipedon
-Sulfidic Odor
_Aquic Moisture Regime
Reducing Conditions
X Gleyed or Low-Chroma Colors
-Concretions
-High Organic Content in Surface Layer in Sandy Soils
-Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
-Listed on National Hydric Soils list
ether (Explain in Remarks)
Remarks, There are sufficient indicators for a hydr c soil,
(ETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes -No
Wetland Hydrology Present? X Yes ,__No
X Yes No
Hydric Soils Present?
Is this sampling point within a wetland?
X Yes _No
Remarks; The area meets the criteria for a jurisdictional wetland.
04,'01,' 2004 15:21 FAX
(? 002
Wetland Delineation Perfcrr-ied By Soil & Environmental onsultanis, FA
11(1'10 Raven Ridge Road
Ral0c1h, North Caro,lna 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION plait
(1987 CDE `Netlanas Dell,wetion Manual)
NC 55U61A RelocationProact &LC# 675401 Date, 11f17/03 -,-
ProyecUSite: County Wake
ApplicanVOwner. Town of Fu ua -Varina _??-?-- State North Carolina
Investigator: Todd Praunin er !? - ??
s exist on the site?
t X Yes __ tJo Community ID: Mixed Oard Od
ance
Do Normal Circums
Is the site significantly disturbed (Atypical Situation)? _Yes X No Transect ID:
land t7?` Flaa #MW27
U
Pl
t ID
Is the area a potential Problem Area? _ p
._
o
_Yes _X No
If needed, ex lain on reverse.
rEGETATION --
Stratum indicator
Stratum In i tar
Dcminant Plant S?-
Dominant Plant ecies
Liquidambarstyraciflue Tree FAC+
1 g
.
I
2. Lirrodentlron tulipifera Tree FAC
PAC
10.
11

3. Acer rubrum Tree
Prunus serotine Sapling FACU
4 .

12•
.
5. Aralia spinosa Snrub FAC
Trae FACW+
ae
13•
I
14.
6, Magnolia virgmiana s
FAC- 15.
7. Ilex opaca Herb FAC 16.
8, Smilax rotund folla
Percent of Dominant Species that are 06L, FACW,or FAC 87%
excludin FAC- : -- -
Remarks, The vegetation meets the criteria (>50% GEL, FACW, or FAC} for hydrophytic vegetation.
-Recorded Data:
Stream. Lake or Tide Gauge
-Aerial Photographs
-Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
pepth to Free Water in Pit:
Depth to Saturated Soil:
Wetland Hydrology Indicators.
Primary Indicators:
Inunaated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
-Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
-Oxidized Roct Channels in tipper 12 Inches
MA (In.) Water-Stained Leaves
- Local Soil Survey Data
> 1 d{in) _FAC -Neutral Test
Other (explain in Remarks)
Remarks. There are insufficient field inatcators to indicate r etland hydrology.
04.01%2004 15:22 FAY
10003
• Wetland Delineation Pertormed 13y Soil R Environmentai Consultants; PA
110'C' Raven Ridge Roed
Raleigh, North Carolina 27614
? i 919)846-5960
Plot IO Vian=Fla W 27
FrojecUSNC 55 l)tilii Relocation Pro ect S&EC# 6754.W 1
Drainage Class: somewhat excess?ely drain
Map Unit Name Field Observations
(Series and Phase): V, ram loam sand, 2 to 6 erc_en slo es = f Confirm Mapped Type? Yes _
Taxonomy (Subgroup); Ar9n.C Kandiudufts
Profile Descri lion'
Matrix Color lvlottle Coior Mottle Texture, Concretions, Depth Horizon (Munseil Moist) (wtunsep Moist) Abunaanca_iCcntrast Structure,
loam etc.
Omches) +OYR 413 --??
0-4 _ .---+-- Sand loarn
_ IJ
o 10YR 514
10.14 2.5 8- --
Hydric Soil Indicators:
Concretions
_Histosol -High Organic Content in Surface Leger in Sandy Soils
Histic Epipedon Organic Streakin4 in Sandy Soils
-Sulfidic Odor _ Listed on ..cal Hydnc Soils List
_Aquic Moisture Regime -Listed on National Hydric Soils List
Reducing Conditions Other (Ex;lain in Remarks)
_Gleyed or Low-Chroma Colors -
Remarks: There are insutficient field indicators to indicate hydrit soils.
wE?LANDS
Hydrophvtic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks: This area is not 2 )urisdictienal wetland.
,t
X Yes _No
--Yes X No
_Yes X No
is this sampling point within a wetland?
Yes X No
DWQ# Qq -07 1`1'
Plan Detail Incomplete
Date s - N - U Who Reviewed:
? t
." 4'?'
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the sitoi)lan
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
Please provide the location of any proposed stormwater management practices as requ?Lirr?ed by GC '3 b ?
Please provide detail for the stormwater management practices as required by GC eq? ?•
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
Please indicate all stormwater outfalls on the site plan.
Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
FIRST CAPITAL INVESTMENTS, LLC
1906
NC Division of Water Quality 10/24/2003
Date Type Reference Original Amt. Balance Due Discount Payment
10/24/2003 Bill Park Grove 200.00 200.00 200.00
Check Amount 200.00
6
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LTA

FCL LLC Operating Per ..: 200.00
_a,SR1av_ 11 it 1
UNrreD-,STATEs POSTAL SERVICE(,,,
(f P1.7 'ti . U
• Sender. Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
:j b !!!?!!!!i!!!??!l??li!}?!!?l1?4?l1i2?4??!}}}??}!?}?}??3}}}l??t?
0 Complete Mm 1, 2, and & Also A Slam r3
ftem 4 N Restricted Delivery is desired. " 0 ?-n
¦ Print your name and address on the reverse / zw? . 0 Addresse
so that we can return the card to you. B. Rwdw d by ( Printed ) C. Date of Deliver
¦ Attach this card to the back of the mailplew,
or on the front if sp3Ce_permits. '*
1. Article Addressed. to:
First Capital Investments
1121 Situs Court, Suite 390
Raleigh, NC 27606
DWQ# 04-0719 - Wake
0. Is delivery address different from item Vi 0 Yes
If YES, eater delivery address below. 0 No
3. Service Type
A Certified Man 0 Express Mail
3 Registered 1E Return Receipt for Merchandis
0 Wand Mad ? C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
Article Number
(rmnsfer from 7004 0750 0003 3326 7159
service labs
's Form 3811, August 2001 Domestic Return Receipt 10259 5-024A-15
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
e3 t !111I 111 t ti 111! 11111111111 111111111 t3 t t tlsill!