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HomeMy WebLinkAbout3.2.22 Planning Board Packet ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 fb 17 52 a °rr4 (Cate AGENDA ORANGE COUNTY PLANNING BOARD Wednesday, March 2, 2022 Regular Meeting — 7:00 pm Due to current public health concerns, the meeting will be virtual. Members of the Planning Board and staff will be participating in the meeting remotely. Interested members of the public can view and participate in the meeting by following the instructions at the end of the agenda. (Please note that pre-registration no later than 3:00 p.m. the day of the meeting is required to speak at the meeting). 1. CALL TO ORDER ELECTION OF CHAIR AND VICE-CHAIR FOR 2022 2. 4 a. Term Expiration Dates and Reappointment Eligibility, by Member INFORMATIONAL ITEMS 3' 5 - 6 a. Planning Calendar for March and April b. Kim Piracci's second full term expires on March 31, 2022 — thank you for your service on the Planning Board c. Planning Director Craig Benedict is retiring April 1, 2022 4 APPROVAL OF MINUTES 7 — 10 December 1, 2021 Regular Meeting Minutes 5. CONSIDERATION OF ADDITIONS TO AGENDA 6. PUBLIC CHARGE Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the Orange County Planning Board (OCPB)to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residents and businesses through efficient and responsive process that contributes to and promotes the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and quality public services during our deliberations, decisions, and recommendations. Public Charge The Planning Board pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, County staff, and Board members. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. No. •- Agenda Item The Planning Board asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone. 7. CHAIR COMMENTS 8. 11 — 122 MAJOR SUBDIVISION PRELIMINARY PLAT REVISION -To review and make a recommendation to the BOCC on a revision to a previously approved Preliminary Plat for a Major Subdivision called The Lodges of Chapel Hill. The 12-lot subdivision on 43.87 acres has begun development but, due to an NCDOT decision, the proposed road must be changed from a public road to a Class A private road. The subdivision is located off of Damascus Church Road in Chapel Hill Township and encompasses two PINS: 9777029266 and 9777110563. Presenter: Perdita Holtz, Planner III 9. ADJOURNMENT Public Comments / Participation There are two methods for public comment: • Written submittals by email or drop-off • Speaking during the virtual meeting Written Public Comments Members of the public are encouraged to provide written public comments by emailing comments to plan ningboard orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting. Please include in the Subject line of the email the title of the agenda item your comment pertains to. Emails sent to this address are viewable on Google Groups: https://groups.google.com/g/ocl)lanningboard Written comments can also be dropped off at the Planning Department's offices at 131 W. Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m. Monday through Friday). If a staff member is not available, please leave your comments in the drop-off box near the front counter. Written comments will be scanned and sent by staff to the email address indicated above. Verbal Public Comments Members of the public must contact Planning Department staff via email at ocpbpubliccomment(a�_orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting and indicate they wish to speak during the meeting. When submitting the request to speak, please include the following: • The date of the meeting • The title of the agenda item you wish to speak on • Your name, address, email and phone number o The phone number must be the number you will call in from if participating by phone During the meeting, speakers will be called upon in the order in which requests to speak were received. Each speaker may speak once per agenda item and has 3 minutes to address the board. Ceding time to another speaker is not permitted. In the event a meeting is continued to a future date due to the length of public comments, the date for the continued meeting will be announced before the meeting adjourns. No additional requests to speak will be taken for the continued meeting, only the speakers who signed up to speak at the original meeting and were not called upon will be able to speak at the continued meeting. Written comments continue to be encouraged and can be sent to the email address indicated in the "Written Public Comments" instructions above. Zoom Meeting Registration Both members of the public who wish to speak at the meeting and those who wish to only view the meeting must register to receive a link to the meeting. Persons wishing to speak must register with the same name provided in the email that notified staff you wish to speak. The link to sign up for the meeting is: https:Horangecountync.zoom.us/webinar/registerMN u6wBR1JSQHKEvox7DWGTOg If you do not have internet access, you may participate in the meeting via phone. Please call (919) 245-2575 during regular business hours to receive information on the number to call-in to, the meeting ID, and a password. Review Process The Planning Board is an appointed volunteer advisory board which makes recommendations to the Board of County Commissioners (the elected officials). The Board of County Commissioners holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified Development Ordinance contains a flowchart depicting the entire review process for rezoning and text amendment applications. 4 Orange County Planning Board Membership and Term Information Name Term End Date Eligible for Date First March 31 Reappointment? Appointed Kim Piracci 2022 N 3/22/16 Randy Marshall 2023 N 3/7/17 Susan Hunter 2023 Y 4/16/19 Delores Bailey 2023 Y 2/17/22 Susan Hunter 2023 Y 4/16/19 Carrie Fletcher 2024 N 3/8/18 Lamar Proctor 2024 Y 4/1/21 Melissa Poole 2024 Y 4/16/19 Charity Kirk 2024 Y 2/16/21 Adam Beeman 2025 N 12/12/17 WhitneyWatson 2025 Y 2/16/21 Statler Gilfillen 2025 Y 5/18/21 5 1 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 BOCC Planning Board Business 7 p.m. Meeting 7:00 PM Virtual Whitted Bldg. 6 7 8 9 10 11 12 BOCC Work Session 7:00 PM Whitted Bldg. 13 14 15 16 17 18 19 Board of BOCC OUTBoard Adjustment Business Meeting 7:00 PM Meeting 6:30 PM 7:00 PM No Meeting TBD Whitted Bldg. 20 21 22 23 24 25 26 Legislative Breakfast 8:30 AM Virtual Meeting 27 28 29 30 31 Notes:*Planning Board Member Virtual Attendance Required 6 � • 1 Sunday Monday Tuesday Wednesday Thursday Saturday IlFriday 2 3 4 5 6 7 8 9 BOCC Planning Board Business 7:00 PM* Meeting 7:00 PM TBD Whitted Bldg. 10 11 12 13 14 Board of BOCC BOCC • Adjustment Budget Work Session • 7 PM Work Session 7:00 PM • 7 PM Whitted Bldg. Whitted Bldg. Whitted Bldg. 17 18 19 20 21 22 23 OUTBoard Meeting 6:30 PM TBD 24 25 26 27 28 29 30 BOCC BOCC Business Joint Meeting Meeting wl School 7:00 PM Boards 7:00 PM Whitted Bldg. Whitted Bldg. Notes: Planning Board Member Attendance Required 7 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 DECEMBER 1,2021 4 REGULAR MEETING 5 (Due to current public health concerns, this meeting was held virtually. 6 Members of the Planning Board, staff and public participated remotely) 7 8 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative;Adam Beeman (Vice-Chair), Cedar 9 Grove Township Representative; Lamar Proctor, Cheeks Township Representative; Kim Piracci, Eno Township 10 Representative; Carrie Fletcher, Bingham Township Representative; Statler Gilfillen,At-Large Representative; 11 Randy Marshall,At-Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large 12 Representative; Melissa Poole, Little River Township Representative;Alexandra Allman,At-Large Representative; 13 14 MEMBERS ABSENT: Charity Kirk,At-Large Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor;Ashley Moncado, Planner 17 II;Tina Love,Administrative Support 18 19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20 Chair David Blankfard called the meeting to order. 21 22 AGENDA ITEM 2: INFORMATION ITEMS 23 a. Planning Calendar for December and January 24 b. North Carolina Annexation Statutes 25 26 AGENDA ITEM 3: APPROVAL OF MINUTES 27 November 3, 2021 Regular Meeting Minutes 28 November 3, 2021 Ordinance Review Committee Notes 29 30 MOTION BY Adam Beeman to approve the November 3, 2021 Regular Meeting Minutes and ORC Summary Notes. Seconded 31 by Melissa Poole. 32 33 ROLLCALL VOTE: 34 Lamar Proctor Yes 35 Susan Hunter Yes 36 Kim Piracci Yes 37 Carrie Fletcher Yes 38 Adam Beeman Yes 39 Melissa Poole Yes 40 Alexandra Allman Yes 41 David Blankfard Yes 42 Statler Gilfillen Yes 43 Whitney Watson Yes 44 MOTION PASSED UNANIMOUSLY 45 Randy Marshall's internet connections was disconnected as he attempted to vote so his vote was not recorded. 46 47 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA. 48 There were none 49 50 AGENDA ITEM 5: PUBLIC CHARGE 51 52 INTRODUCTION TO THE PUBLIC CHARGE 53 The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the 54 Orange County Planning Board (OCPB) to uphold the written land development law of the County. The 55 general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall 56 do so in a manner, which considers the present and future needs of its citizens and businesses through 8 DRAFT 57 efficient and responsive process that contributes to and promotes the health,safety,and welfare of the overall 58 County. The OCPB will make every effort to uphold a vision of responsive governance and quality public 59 services during our deliberations, decisions, and recommendations. 60 61 PUBLIC CHARGE 62 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to 63 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any 64 time, should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the 65 offending member to leave the meeting until that individual regains personal control. Should decorum fail to 66 be restored,the Chair will recess the meeting until such time that a genuine commitment to this public charge 67 is observed. 68 69 AGENDA ITEM 6: CHAIR COMMENTS 70 There were none 71 72 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—DECRIMINALIZATION OF THE ORDINANCE 73 VIOLATION—To make a recommendation to the BOCC on Planning Director-initiated amendments to the 74 LIDO in response to Session Law 2021-138 (Senate Bill 300)which decriminalized violations of certain 75 types of ordinances, including ordinances regulating planning and development. This item was reviewed at 76 the November 3,2021 ORC meeting and is scheduled for BOCC Public Hearing on December 14,2021. 77 PRESENTER: Michael Harvey, Current Planning Supervisor 78 79 Michael Harvey reviewed this item and reminded the Board that it was reviewed and discussed at the November 3, 2021 ORC 80 meeting. 81 82 MOTION BY Adam Beeman to approve statement of consistency and recommend approval to the BOCC. Seconded by Melissa 83 Poole. 84 85 ROLLCALL VOTE: 86 Statler Gilfillen Yes 87 Lamar Proctor Yes 88 Susan Hunter Yes 89 Kim Piracci No 90 Carrie Fletcher Yes 91 Adam Beeman Yes 92 Melissa Poole Yes 93 Alexandra Allman Yes 94 Whitney Watson Yes 95 Randy Marshall Yes 96 David Blankfard Yes 97 MOTION PASSED 10—1 (PIRACCI) 98 Randy Marshall's internet connection was disconnected as he attempted to vote so his vote was not recorded. 99 100 Kim Piracci: I did explain that last month why I wasn't going to support it. I know of a developer who has broken so many 101 things that he was not allowed to do and as far as I'm concerned, he should be in prison. It looks like there is nothing going to 102 happen to him and so it seems like this is a tool in the toolbox that could be used, maybe not with the current County Staff we 103 have now but in the future. When someone who is oblivious to laws that are in place including planning,that's all. 104 105 AGENDA ITEM 8: PLANNING BOARD ANNUAL REPORT AND WORK PLAN—To discuss the annual input form which informs the 106 BOCC of the past year's activities of advisory boards/commissions and assists in overall County work 107 planning. 108 PRESENTER: Craig Benedict, Planning Director 109 110 Craig Benedict reviewed the annual report and work plan 111 9 DRAFT 112 Lamar Proctor: I would make the suggestion that our Planning Department and the City of Mebane Planning Department has 113 a lot more institutional and specialized knowledge of how the pieces and parts work together between a town and a county. 114 Mebane is growing at an exponential rate and it is creating a lot of uncertainty in western Orange County and in west 115 Hillsborough as to how far it's going to go. Mebane is growing every day, I see new projects breaking ground on a weekly or 116 monthly basis. It seems the Planning Department could, if it chose to, continue to say`hey you need to do something, Board 117 of County Commissioners' because if it just sits there waiting for the Board of County Commissioners,who already have a 118 huge amount of issues on their plate, then Mebane's going to turn into some huge, unplanned Burlington that really destroys 119 any sort of certainty for people in western Orange County because once it goes in and they get surrounded and their property 120 values get destroyed, or their neighborhood is gone, then it's done because the County has no control over Mebane's zoning. 121 If Mebane just continues to blow up and expand with no agreements and no understanding then it's going to be a mess and 122 it's going to be a real problem for Orange County citizens but yet you guys, the Planning Department, have much more 123 institutional knowledge and much more specialized knowledge of how these pieces and parts work together so I would 124 encourage you to please continue to remind the Board of County Commissioners that this is an issue that Orange County 125 citizens need some certainty on. You've got a model sort of agreement, I'm not saying it should be the same agreement, but 126 you've got WASAMBA with Carrboro, Chapel Hill and Hillsborough and you've got nothing with Mebane. 127 128 Craig Benedict: Your comments will be put into the context that this work plan was presented to the Planning Board and here 129 are their topics and so this will come forward to the Commissioners and accent to your concerns. 130 131 Adam Beeman: Since it was brought at the last meeting that Hillsborough, Durham and Mebane have no plans to extend any 132 further water or sewer and that is was a political decision, I would hope they would go back and think about that for a long- 133 term plan, I would hope the political decision moving forward with some change in Commissioners that they look at that long- 134 term because evidently once you suck up all the land the next step is for density is to go up. I understand that it gets 135 expensive so we might as well make investments in the near term rather than wait. They should be thinking about that. 136 137 Craig Benedict: I think that's a good point. When the water and sewer boundary agreement was put together in 1996 and 138 approved in 2001 and there were a lot of assumptions of population growth and how much land was necessary to 139 accommodate that population growth so we will turn this item#7 to discussing with OWASA, Hillsborough, Mebane and 140 Durham about what is the potential of their infrastructure and do they have interest in expanding their infrastructure and if they 141 even have the ability. I'll make sure it's incorporated in the minutes. 142 143 Kim Piracci left the meeting 144 145 Whitney Watson: I wanted to commend you guys for putting community outreach so high in the list. That seems to be an area 146 where the professional staff has not been appreciated by the public. They have not understood the process or the guidelines 147 and code that is in place. It's a good idea to put that up and make that a priority. I also want to hook on something that Adam 148 brought up about the waste and water infrastructure, and maybe encourage the Planning Staff and Board to look more broadly 149 at the meaning of infrastructure and know that rural broadband is on the list of things to try to address in the coming years. 150 Perhaps, other kinds of infrastructure, especially for Northern Orange County could be considered. 151 152 Craig Benedict: Those comments are well taken. I think there's a lot of growth in how to fix that and that is one of my areas of 153 interest to create a better network for the rural areas. 154 155 David Blankfard: Is staff looking at ways of getting funding through the Build Back Better Infrastructure Bill? 156 157 Craig Benedict: Yes,that's a good comment and I didn't mention it here but besides the Build Back Better Infrastructure Bill, 158 we have allocated some money for Broadband infrastructure in the tune of 5 million dollars which we hope to leverage that 159 with some private providers to help get service to the rural areas. 160 161 Melissa Poole: Broadband is the number one concern in my district. 162 163 Craig Benedict:Well taken 164 165 Carrie Fletcher: Internet is very problematic and really needs to be addressed. 166 10 DRAFT 167 Lamar Proctor: I would echo everyone's statements about broadband. I would like to the Planning Department and County to 168 reach out to the UNC School of Government, specifically their development finance initiative. They are doing good work 169 coordinating local government with investors, developers and community interaction to come up with economic projects. 1 170 want to add under climate change, I would ask you to think about ensuring public water availability because as climate change 171 kicks in we are going to have periods of flooding and periods of drought and so public water availability is going to be an 172 issue. And forestation and deforestation— I don't know what's in our regulations in terms of cutting down trees but we need to 173 stop clear cutting trees because that is exacerbating the problem of increased temperatures and destruction of ecosystems. 174 Also, I would be super hypercritical of any reduction of watershed protected areas in light of the new legislation from the state. 175 176 Craig Benedict: If there are rules that we can implement,that the state lets us implement,we will try to do that. 177 178 Lamar Proctor: We're coming to a critical phase where we need to develop these EDDs in different parts of the County but 1 179 want us to do it smartly. I don't think we need to rush, I think Orange County is the place to be and I don't want to see us end 180 up like Haw River where there is stuff built right up on the river and there is massive pollution into their waterways and it's a 181 mess between Haw River and Burlington you can see what happens when there's not good planning. 182 183 Carrie Fletcher: I'm hearing concerns about traffic due to lots being split and subdivisions being developed. What is being 184 done to control that impact on traffic due to the growth factor. 185 186 Craig Benedict: When we do some of the census data about where the populations are,we can come up with a map that 187 shows minor subdivisions and there are a lot of minor subdivisions—5 lots and less. That is what I think is occurring in some 188 of our rural areas. We'll make note of it and will show where this new subdivision growth is occurring. 189 190 MOTION BY Randy Marshall to ask staff to incorporate the results of the discussion into the annual report and work plan and 191 submit the form to the Clerk's Office. Seconded by Melissa Poole. 192 193 194 ROLLCALL VOTE: 195 Randy Marshall Yes 196 Statler Gilfillen Yes 197 Lamar Proctor Yes 198 Susan Hunter Yes 199 Carrie Fletcher Yes 200 Adam Beeman Yes 201 Melissa Poole Yes 202 Alexandra Allman Yes 203 Whitney Watson Yes 204 David Blankfard Yes 205 MOTION PASSED UNANIMOUSLY 206 Kim Piracci left the meeting early, as noted in the body of the minutes. 207 208 209 AGENDA ITEM 9: ADJOURNMENT 210 Meeting was adjourned by consensus at 8:52 p.m. 211 212 213 David Blankfard, Chair 11 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: March 2, 2022 Action Agenda Item No. 8 SUBJECT: Major Subdivision Preliminary Plat Revision — The Lodges at Chapel Hill DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: (919) 1. Application Package Perdita Holtz, Planner III, 245-2578 2. Vicinity Map Craig Benedict, Director, 245-2592 3. 2010 Resolution of Approval (RES- 2010-028) and Various Development Approvals Issued to Date 4. Draft Resolution of Approval for Class A Private Road PURPOSE: To review and make a recommendation to the Board of County Commissioners (BOCC) on a revision to a previously-approved major subdivision Preliminary Plat for"The Lodges at Chapel Hill". BACKGROUND: Orange County received an application (Attachment 1) to revise a Preliminary Plat for The Lodges at Chapel Hill major subdivision. The vicinity map in Attachment 2 depicts the location of the two parcels that currently comprise the subdivision. The Preliminary Plat for the subdivision was approved by the BOCC in 2010. The subdivision consists of 12 lots on 43.87 acres. Several extensions have been issued as the property owner worked through all of the various required development approvals (see Attachment 3). As is stated in the application, the North Carolina Department of Transportation (NCDOT) informed the applicant in September 2021 that the approved public road would not be accepted for maintenance by the NCDOT because the number of housing units per mile of road was too low. Instead, NCDOT issued a driveway permit for the subdivision in October 2021 (included in Attachment 3). Sections 2.15.3(F)(4) and 2.15.3(G)(2)(d) of the Unified Development Ordinance (UDO) requires that a change in the roadway classification be reviewed and approved through the prescribed Preliminary Plat process. The current application to revise the Preliminary Plat for the subdivision is to change the formerly approved public road to a Class A private road. The applicant proposes to construct the road to the same standards as a public road but maintenance responsibility will be borne by the Homeowners Association. The proposed Road Maintenance Agreement is included in the materials in Attachment 1. As an aside, in 2017 the UDO was amended to allow certain subdivisions of 12 or fewer lots to be processed as minor subdivisions and a Class A private road would be required under current regulations (dedication of a public road would not even be allowed through a minor subdivision process). This information has been provided to inform readers that a 12-lot subdivision with a Class 12 A private road is allowable in Orange County. However, the minor subdivision process is not being used in this instance because the preliminary plat for The Lodges at Chapel Hill was previously approved as a major subdivision. The Development Advisory Committee (DAC) reviewed this application at its February 17, 2022 meeting and had no comments on changing the road from public to private since it will be constructed as originally proposed. JPA Review: In accordance with the Joint Planning Area Agreement, this project was sent to the Town of Carrboro for review and comment on February 18, 2022. To date, Staff has not received any comments. Analysis: As required under Section 2.15.2 (E) of the UDO, the Planning Director is required to: `prepare and submit a recommendation' on the concept plan to the Planning Board for consideration. In analyzing this request, the Planning Director offers the following: 1. The application has been deemed complete in accordance with the requirements of Section 2.2 and 2.15.2 of the UDO. 2. Staff has determined that the proposed private road meets the requirements set forth in Sections 7.8.4 and 7.8.5 of the Unified Development Ordinance. 3. The proposal appears consistent with the various goals outlined within the Comprehensive Plan concerning development, including: a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. c. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. 4. Staff has determined that the proposed subdivision is consistent with the provisions and goals of the Joint Planning Land Use Plan and Joint Planning Agreement. FINANCIAL IMPACT: Staff has determined there is no financial impact to County budgetary outlays if the road is changed from a public road to a private road. RECOMMENDATION: The Planning Director recommends the Board: 1. Receive the application to revise the Preliminary Plat for The Lodges at Chapel Hill subdivision, 2. Discuss the proposal, and 3. Recommend approval of the draft Resolution of Approval, as contained in Attachment 4. Attachment 1 13 Orange County Planning & Inspections Department RANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 • 919-245-2575 RTH CAROLINA Major Subdivision — Preliminary Plat Application If completing by hand, please use black or blue ink. Date: 12-7-2021 CONTACT Property Owner(s): Broyhill Wiles Building and Developing Inc Mailing Address: 3808 Dunsinane Drive Phone: 919-306-9959 Durham, NC 27707 E-mail: kentbwiles@gmail.com Applicant (if different than property owner): Mailing Address: Phone: E-mail: PROPERTY INFORMATION Parcel ID Number(PIN): 9777029266 and 9777110563 Existing Structures? Yes ❑ No ❑ Location (Road Name): Lodge Trail If yes, please list existing structures below: Total Acreage: 43.87 Zoning District: Watershed: University Lake Streams on lot? Yes © No ❑ Floodplain on lot? Yes ❑ No SUBDIVISION INFORMATION Proposed Number of Lots: 12 Water Supply: Well 0 Public ❑ Community❑ New private road proposed? Yes 0 No❑ Wastewater: Septic © Public ❑ Community ❑ If existing road, how many lots are using it? Public road proposed? Yes ❑ No 0 TURN PAPER OVER 14 OTHER SUBMITTAL REQUIREMENTS In addition to this application, please submit the following: • A sketch vicinity map showing the location of the subdivision in relation to the existing street or highway system, which can also be a GIS Map showing the surrounding area; • A scaled copy of the Orange County GIS Map showing Contour Lines, Soils, Water Features, and any known easements; • 25 Physical copies and 1 electronic copy of the Preliminary Plat, completed by a registered land surveyor, drawn to scale containing the information required in Section 7.13.2 Major Subdivisions of the UDO (attached) • Application review fee per the adopted Orange County Planning Fee Schedule. NOTE ON SUBDIVIDING FARM PROPERTIES If the property to be subdivided is currently under farm use value taxation, please contact the Orange County Tax Office at 919-245-2100. Subdivision of the property may require payment of deferred taxes under farm use value taxation. I certify that to the best of my knowledge the information contained above, and in the supporting documents, is a factual representation of the proposed development. I acknowledge that by signing this application, the Orange County Planning and Inspections Department is authorized, pursuant to N.C. Gen. Stat. Section 153a-360, to make as many inspections of the subject property as may be necessary to verify that the proposed work outlined herein is consistent with the provisions of all applicable State and local laws, ordinances, and regulations. By signing this application, I acknowledge and agree that inspectors, zoning officers, erosion control officers, and other staff of the Orange County Planning & Inspections Department have a right, upon presentation of proper credentials, to access the subject property at a reasonable hour for the purposes of inspection or other enforcement action. &4 President Broyhill Wiles Building and Developing Inc OWNER SIGNATURE(S) APPLICANT SIGNATURE (IF DIFFERENT FROM OWNER) 12-7-2021 DATE DATE FOR OFFICE USE ONLY RECEIVED: Date By FEES PAID: Date Amount Receipt# 15 p®Parcel Text 0®Parcel Backg mund Lines � p®Conservation Easmenis Held By Others 2 p�Conservation Easements Held By County p e VAO ❑e Label PINS } S ❑ Label Owners ❑ Label Valuation J School System Boundary Textr, n z f-1®Schools ? ®Fire Stations s fl�Telecommunication Towers U `s -F •- - P®Addresses t p®Major Streets p®Streets n O p e Hydrology p w Contours ° - f-1®VAO Farm Zones J6g0 f-1®School System Boundary p CountyBoundary - Floodplains j8peclal Flood Hazard Areas) a s } ` 9 U®Flood Insurance Rate Map Panels _ p®Soils NRCS e 7 f 1 0 Building Footprints r®Pklls f1®Zoning Layers 4711 P e _ s p Municipal Boundary Outline is0 �2 ❑ Township Text ❑ Townships ❑°Fiatecodes ❑ Precinct_Polls a s f i ❑ Voting Precincts ❑e Fire Tan mistricis 8 L 3 ° Nr ❑'a BOCC Districts 15 ; 5 ® M1 I r4PActls 1 IricM1-9lln}ee[ re 53C3e 525 71 16 s PIN BTiifY19166 PIN5TATIlS ACTIVE p awr�nPE INTI-AEET OLNNERS PROPERTY A➢DHE66 BROYHILL WILES BUILDING AND DEVELOPUIO INC MA UM ADDRESS 38M DDNSINME DR IYN DURHAM BTAiE nc ZiPDODE 27M7 TOWN6HIP CHAPEL HILL SIZE 11.36A CALCl1LATEO 1 t.1Z ACRE6 EIIBCODE LEGAL OEBC RRRCOEARRINOTDN HRfi P133113fi PATECODE fit LANDJALIiE 23fJ0f%i BWDVAWE D BLDDCW �p QARENCE DR VAWATION 29G0fi6 �` FAJ(ElATD6 Al �J4 FAANNBE 'ly LLREVATDE OEEDREE fi5gC43B3 ' KPH O LEGALREF DAT-LD Jul2]2fi1B 120OFM FPJ(S1AMP5 STAMPVAWE Y AR Bu1LT SOFT 9HBONIEIONJiAME CONDO NAME ECHCOLBYE1 Clupel HillC�bwo BcJnole I�bC ]645 0 DocunreMe entl Pno�Owner p Huildmg IMormation 51O Zoning MeP F 2oniiy Report l Y K OR .�a MeP 6ca1s 11ncM1=10O}eel Long-TB.OBB L�3S0i1 \ I LmII:1fY00'56'lac 3Y9 17 + - 0 `r PIN -'I- mG PINSWTll9 ACiNE p awueinAE INTEREST OW NER6 ARCPERII' ADGRE55 OWNER BROYHILL WILES BUILDING AND DEYBLORM INC MAILING A4➢PFS6 3808 D11NSINANE DR Cln Dl1RHAM 5AE NG zli-E ZR01 TOWNSHIP CHAPELHILLITI SIZE 92.53A OALGOLATED sl.B AGREs sOBSODE LEOPLDESC ABROYHILLWILES BOILDINGAND DEYINC rfI P1 W152 I RATECODE ,. LANDYALl1E :s33m BLDOYALDE 0 - 11ARENCE DR BLDGCW VAWATION IS4N00 TA%SiATU3 Al _ -I FARNNSE IISEWHl1E 4 1 .. >> DEEDREF 8SCO%393 04 O EGA REF DAiEEDf➢ Ju12T 201612'WAM TA%SiAMPB SiAMPVAILE YEAR BUILT soFr suaorvlsloN_NAME OONDONAME SCHOOL_SYST Chapelllil rrbmnB hwle NBG ]6B5 � G��nr arts Inc Prior brnex O BuiltlNg Ieformalion 2 Zonlrg Map Zmirg Report W T gyOP �a Alen er�l�lln�h-imrea 2 Lonp-TB.Im La 3SBH - - Lwq 19°OB'00'Lec 3854 18 Broyhill Wiles Building and Developing, Inc. 3808 Dunsinane Drive,Durham,NC 27707 Office: 919-306-9959•Fax: 919-595-0513 Email: kentb@broyhillwilesinc.com•Web: www.broyhillwilesine.com North Carolina Licensed General Contractor #60702-Unlimited Commercial&Residential Insured with General Liability and Workers Compensation Date: 2/2/2022 Dear Orange County NC: Broyhill Wiles Building and Developing,Inc is submitting a major development application for The Lodges at Chapel Hill in order to change the existing approved development road from public to private. The North Carolina Department of Transportation,NCDOT,recently decided on September ls`,2021 that the Orange County approved development road will not meet the needed density requirements for a public road. In other words,the road is too long and the number of homes is too few to meet the restrictions of an NCDOT public road.Therefore,public road maintenance will not be available for The Lodges at Chapel Hill. The current application changes the road from public to private by creating a Road Maintenance Agreement attached hereto. No other details of the subdivision or road design have changed. The environmental permits from the Army Corps of Engineers and NCDEQ are attached as well. The soil and erosion control permit through Orange County has been approved and construction of the road has progressed with tree clearing and rough grading. Again,the only change in the approved subdivision is to change the road from public to private. Best Regards, vv2o22 K.B.Wiles Date 19 ROAD MAINTENANCE AGREEMENT THIS ROAD MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of , 2022, by the Owners, Grantors/Grantees, (individually or collectively, the "Owners") of a private road known as Lodge Trail (the "Road"). WHEREAS, the Road is a private road along which rest the various properties owned and occupied by the Owners, and more particularly described as follows: See Exhibit A, attached hereto; and WHEREAS, the Owners desire to provide for the maintenance, repair and upkeep of the Road from the date of this Agreement and henceforth, and to share equally in the costs of same. NOW THEREFORE, by the acknowledgement of this Agreement, and for other good and valuable consideration, the Owners hereby agree as follows: 1. MAINTENANCE: The Owners collectively and individually agree that they will maintain, repair, and keep up the Road so that it is maintained in a first class condition for the benefit of each and all of the Owners, and their respective successors. 2. ASSESSMENTS: a. AMOUNT: Each Owner shall pay an annual assessment in the amount of$1,000.00 for the maintenance, repair and upkeep of the Road. b. LIEN: The assessments provided for herein shall be a lien on the real estate of each Owner until paid, subordinate, however, to the lien of any First Deed of Trust to secure any promissory note providing funds for the construction of improvements on said real estate. Said lien may be enforced by any Owner in the manner in which subdivision assessment liens are enforced under North Carolina law. C. COLLECTION: The Owners, by a majority vote, shall elect one of themselves as Treasurer to collect the assessments due hereunder(the "Treasurer"). The Treasurer shall establish a Trust or Escrow Account in a Bank for the purpose of depositing the assessments collected. The Treasurer shall be authorized to spend collected assessments for the purpose of maintenance, repair and upkeep of the Road and shall provide the other Owners with receipts for and an accounting of all expenditures for said 1 20 maintenance, repair and upkeep of the Road within forty-eight (48) hours of any such request by any other Owner. 3. BINDING EFFECT: This Agreement shall be binding on the below- named Owners, their heirs, successors, assigns and personal representatives, and the covenants and agreements contained herein shall run with the land described. IN WITNESS WHEREOF,the owners have hereunto set their hands this day of , 2022. State of North Carolina } ss County of On this day of ,2022,before me personally appeared to me known to the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. Notary Public My term expires: 2 21 Exhibit A—Legal Description(s) See Attached Plat Map 3 22 BYLAWS OF THE LODGES AT CHAPEL HILL HOMEOWNERS ASSOCIATION, INC. ARTICLE I: OFFICE The Association shall at all times maintain a registered office in the State of North Carolina and a registered agent at that address. The Association may also have such other offices as the Board of Directors shall determine. ARTICLE II: DEFINITIONS Unless the context requires otherwise, the terms defined in the Declaration of Covenants, Conditions and Restrictions for The Lodges at Chapel Hill Subdivision, recorded in the Orange County,North Carolina Registry(the "Declaration",the Declaration being incorporated herein in its entirety) shall have the same meanings for purposes of these Bylaws as are ascribed to them in the Declaration. ARTICLE III: MEMBERS Section 3.1 Membership. The Association shall have two classes of membership, Class A and Class B, which classes of membership shall have the rights conferred upon them by the Declaration, the Articles of Incorporation of the Association and these Bylaws. Persons who hold an interest merely as security for the performance of an obligation are not Members, and the giving of a security interest shall not terminate a Member's membership. In no event shall there be more than one(1)membership per Lot owned. In the event of multiple Owners of a Lot,rights of use and enjoyment shall be as provided in the Declaration and in the Bylaws,and all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. In the event a Member is a corporation, partnership, trust, or other legal entity not being a natural person or persons, then any natural person who is an officer, director, or other designated agent of such corporation,partner of such partnership,beneficiary or other designated agent of such trust,or manager of such other legal entity shall be eligible to represent such entity in the affairs of the Association. Such person's relationship with the Association shall terminate automatically upon the termination of such person's relationship with the entity which is the Member,which will create a vacancy in any elected or appointed position within the Association in which such person may have been serving, to be filled by the Board. Section 3.2 Annual Meeting. A meeting of the Members of the Association shall be held annually at such time and place on such date as the Directors shall determine from time to time. 23 Section 3.3 Special Meetings. Special meetings of the Members may be called at any time by the President of the Association. Additionally,it shall be the duty of the President to call a special meeting of the Members upon being presented with a written request to do so signed(i)by a majority of the members of the Board of Directors, or (ii) after the termination of the Class B membership,by the Members of the Association entitled to cast no less than twenty percent(20%)of the total vote of the Association. Section 3.4 Notice of Meetings. It shall be the duty of the Secretary to give a notice to each Member of each meeting of the Members at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting. Each notice of a meeting shall state the purpose thereof,as well as the time and place where it is to be held,and shall be delivered personally or sent by United States mail, postage prepaid, to all Owners of record at such address or addresses as designated by such Owners or, if no other address has been so designated, at the address of their respective Lot. Section 3.5 Waiver of Notice. Waiver of notice of a meeting of the Members shall be deemed the equivalent of proper notice. Any Member may, in writing, waive notice of any Association meeting, either before or after such meeting. Attendance at a meeting by a Member, whether in person or represented by proxy, shall be deemed a waiver by such Member of notice of the time,date,and place thereof unless such Member specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting shall also be deemed a waiver of notice of all business transacted at such meeting unless objection to lack of notice is raised before the business, of which proper notice was not given, is put to a vote. Section 3.6 Quorum. A quorum is composed of those Members attending a meeting or voting on a matter in person or by proxy, provided that, unless 20 percent or more of the voting power is present in person or by proxy, the only matters that may be voted upon at an annual or regular meeting of Members are those matters that are described in the meeting notice. Section 3.7 Voting. On all matters upon which the Members are entitled to vote, each Member shall be entitled to cast one (1) vote for each Lot in which he shall own of record a fee interest or an undivided fee interest. When more than one(1)Person owns a Lot,the vote for such Lot shall be exercise as they determine between themselves,but in no event shall more than one vote be cast with respect to any Lot. If only one co-owner attempts to cast the vote for a Member Lot,it shall be conclusively presumed that such co-owner is authorized on behalf of all co-owners to cast the vote for such Lot. In the event of disagreement among co-owners and two or more of them attempt to cast a vote, such Persons shall not be recognized and such votes shall not be counted. No Member shall be eligible to vote, either in person or by proxy, or to be elected to the Board,if that Member is shown on the books or management accounts of the Association to be more than(30) days delinquent in any payment due the Association or if the Member has had its voting rights suspended for the infraction of any provision of the Declaration,these Bylaws,or any rule of the Association. If the voting rights of a Member have been suspended, that Member shall not be counted as an eligible vote for purposes of establishing a majority or a quorum or for purposes of amending these Bylaws or the Declaration. —2— 24 Section 3.8 Adjournments. Any meeting of the Members may be adjourned by the holders of a majority of the votes represented at the meeting to reconvene at a specific time and place. It shall not be necessary to give any notice of the reconvened meeting,if the time and place of the reconvened meeting are announced at the meeting which was adjourned. At any such reconvened meeting, any business may be transacted which could have been transacted at the meeting which was adjourned. Section 3.9 Proxy. Any Member entitled to vote may do so by written proxy duly executed by such Member setting forth the meeting at which the proxy is valid. Only Members and their spouses or co-habitants may hold proxies. To be valid,a proxy must be signed,dated,and filed with the Secretary prior to the opening of the meeting for which it is to be used. Proxies may be delivered to the Board by personal delivery, U.S. mail, or facsimile transmission to any Board member to any Board member. Proxies may be revoked only by written notice delivered to the Association,except that the presence in person by the proxy giver at a meeting for which the proxy is given shall automatically invalidate the proxy for that meeting. A proxy holder may not appoint a substitute proxy holder unless expressly authorized to do so in the proxy. Section 3.10 Consents. In the Board's discretion, any action that may be taken by the Association Members at any annual,regular, or special meeting may be taken without a meeting if the Board delivers a written consent form or written ballot to every Member entitled to vote on the matter. (a) Ballot. A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. Approval by written ballot shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action,and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. All solicitations for votes by written ballot shall: (1)indicate the number of responses needed to meet the quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than election of directors; and(3) specify the time by which a ballot must be received by the corporation in order to be counted. A written ballot may not be revoked. The Association shall maintain such ballots in its file for at least three (3)years. (b) Written Consent. Approval by written consent shall be valid only when the number of written consents received equals or exceeds the requisite majority of the voting power for such action. Executed written consents shall be included in the minutes or filed with the Association's records. If an action of the Members is approved by written consent hereunder, the Board shall issue written notice of such approval to all Members who did not sign written consents. Membership approval shall be effective ten (10) days after written notice is issued; provided, however,if the consent is to an amendment to the Declaration which must be recorded,the effective date shall be no earlier than the date of recording of such amendment —3— 25 Section 3.11 Order of Business. At all meetings of the Association,Roberts Rules of Order (latest edition)shall govern when not in conflict with the Declaration,these Bylaws or the Articles of Incorporation. ARTICLE IV: DIRECTORS Section 4.1 Number. The initial number of directors on the Board of Directors shall be three (3). From and after the election of the first Board of Directors to be elected by the Class A Members,the Board of Directors shall consist of five(5)directors who shall be Members or spouses or cohabitants of Members,provided,however,that no Member and his or her spouse or cohabitant or co-Owner may serve on the Board at the same time. The two (2) directors receiving the most votes shall be elected for a term of two (2)years and the remaining three(3) directors elected shall have a term of one (1) year. At the expiration of the term of office of each Board member, and at each annual meeting thereafter,a successor shall be elected to serve for a term of two(2)years.The Board members shall hold office until their respective successors shall have been elected by the Association. Section 4.2 Appointment and Election. Until the termination of the Class B membership, as provided in the Declaration and the Articles of Incorporation of the Association, the Board of Directors shall be appointed by the Class B member. From and after the termination of the Class B membership, as provided in the Declaration and the Articles of Incorporation of the Association,the members of the Board of Directors(except for the members of the first Board of Directors to be elected after the termination of the Class B membership) shall be elected at each annual meeting of the Members of the Association. Each Member entitled to vote shall be entitled to cast one (1) vote for each Lot owned by such member for each directorship to be filled on the Board of Directors. Cumulative voting shall not be permitted. The candidates receiving the most votes shall be elected. Voting for election of Board member shall be by secret written ballot(unless dispensed with by unanimous consent at such meeting at which such voting is conducted). Section 4.3 Removal of Members of the Board of Directors. At any valid regular or special Association meeting, any one or more Board members may be removed with or without cause by a majority of the Members and a successor may then and there be elected to fill the vacancy created. Moreover, any director who has had two (2) consecutive unexcused absences from regularly scheduled Board meetings or missed more than one-third of the meetings of the Board during their term, or who is more than sixty (60) days past due in the payment of any assessment may be removed by the vote of a majority of the other directors. Any director whose removal has been proposed shall be given at least ten(10)days notice of the calling of the meeting to consider his or her removal and the purpose thereof and shall be given an opportunity to be heard at the meeting. Section 4.4 Vacancies. Vacancies in the Board caused by any reason,except the removal of a director by vote of the membership, shall be filled by a vote of the majority of the remaining directors,even though less than a quorum,at any Board meeting. The successor selected shall hold office for the remainder of the term of the director being replaced. —4— 26 Section 4.5 Compensation. No fee or compensation shall be paid by the Association to directors for their services in said capacity unless such fee or compensation is approved by a majority of the votes of the Members cast at a duly convened meeting thereof,and in no event shall any director receive any compensation from the Association for serving as a director prior to the termination of the Class B membership. The directors shall,however,be entitled to reimbursement for reasonable expenses incurred by them in the performance of their duties upon Board approval of such expenses. Section 4.6 Regular Meetings. Until such time as the Class B membership shall terminate, the Board of Directors shall not be required to hold regular meetings and the Board of Directors shall meet as often as the President of the Association shall determine. Thereafter, the Board of Directors shall meet no less frequently than once every six months, and, in all events, within thirty (30) days after the election or appointment of new directors. Section 4.7 Special Meetings. Special meetings of the Board of Directors may be called at any time by the President,or by any two directors,on three(3)days notice to each director,which notice shall specify the time and place of the meeting. Notice of any such meeting may be waived by an instrument in writing executed before or after the meeting. Attendance in person at any meeting shall constitute a waiver of notice thereof. Section 4.8 Waiver of Notice. Any director at any time,in writing,may waive notice of any Board meeting, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any Board meeting shall also constitute a waiver of notice by him or her of the time and place of such meeting. If all directors are present at any Board meeting, no notice shall be required and any business may be transacted at such meeting. Section 4.9 Conduct of Meetings. The President shall preside over all Board meetings, and the Secretary shall keep a minute book recording therein all resolutions adopted by the Board and a record of all transactions and proceedings occurring at such meetings. The presence of directors entitled to cast one-half of the votes of the Board shall constitute a quorum for the transaction of business. One or more directors who participate in a meeting by means of telephone or electronic communication shall be deemed present and in attendance for all purposes at such meeting,provided all persons participating in the meeting can hear each other. Section 4.10 Open Meetings. All Board meetings shall be open to all Members, but Members other than directors may not participate in any discussion or deliberation unless expressly authorized by the Board. Notwithstanding the above, the Board may adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. Section 4.11 Action Without a Meeting. Any Board action required or permitted to betaken at any meeting may be taken without a meeting if a majority of the directors consent in writing to —5— 27 such action. The written consents must describe the action taken and be signed by no fewer than a majority of the directors. The written consents shall be filed with the minutes of the Board. Section 4.12 Duties and Powers. Except as specifically provided otherwise in the North Carolina Nonprofit Corporation Act,the Declaration,the Articles of Incorporation of the Association or these Bylaws,all powers inherent in or expressly granted to the Association may be exercised by the Board of Directors,acting through the officers of the Association,without any further consent or action on the part of the Members. The Board of Directors shall also have the responsibility of discharging all of the duties imposed upon the Board of Directors under the terms and provisions of the aforesaid instruments. By way of explanation, but not limitation, the Board of Directors shall have the power to and shall be responsible for the following: (a) preparation and adoption of an annual budget, in which there shall be established the contribution of each class of Members to the Annual Expenses; (b) making assessments to defray the Annual Expenses,establishing the means and methods of collecting such assessments, and establishing the due dates and period of the payments of the annual assessment; (c) providing for the operation,care,upkeep,and maintenance of all of the Area of Common Responsibility as defined in the Declaration; (d) designating, hiring, and dismissing the personnel necessary for the operation of the Association and the maintenance,repair, and replacement of the Area of Common Responsibility, and, where appropriate,providing for the compensation of such personnel and for the purchase of equipment, supplies, and material to be used by such personnel in the performance of their duties; (e) collecting the assessments and other fees or charges,depositing the proceeds thereof in a financial depository or institution which it shall approve, or otherwise investing the proceeds in accordance with any limitations set forth in O.C.G.A. & 14-3-302, and using the proceeds to administer the Association; (f) making and amending rules and regulations and imposing sanctions for violation thereof, including reasonable monetary fines as provided herein; (g) suspending the membership rights of any Member of the Association,including the right to vote and use the Common Areas and the facilities located thereon,during the period of time such Member shall be delinquent in the payment of any assessment,assessment installment,or any other amount or amounts as shall be due and payable to the Association, or shall fail to comply with or abide by any rule or regulation adopted by the Board of Directors in regard to the Common Areas; (h) opening of bank or other financial accounts on behalf of the Association and designating the signatories required; —6— 28 (i) making or contracting for the making of repairs, additions, and improvements to, or alterations of the Area of Common Responsibility in accordance with the other provisions of the Declaration and these Bylaws, after damage or destruction by fire or other casualty; 0) enforcing by legal means the provisions of the Declaration,these Bylaws, and the rules and regulations adopted by it,and bringing any proceedings which may be instituted on behalf of or against the Members concerning the Association; (k) obtaining and carrying insurance against casualties and liabilities,as provided in the Act and the Declaration, and paying the premium cost thereof, (1) paying the costs of all services rendered to the Association or its Members and not directly chargeable to specific Members; (m) keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, specifying the maintenance and repair expenses and any other expenses recurred and (n) contracting with any Person for the performance of various duties and functions. The Board shall have the power to enter into common management agreements with trusts or other' associations or corporations. Any and all functions of the Association shall be fully transferable by the Board, in whole or in part, to any other entity. (o) establishing an office and/or post office box as may be necessary for the transaction of the business of the Association. Section 4.13 Management Agent. The Board may, but is not required to, hire a professional management agent or agents, at a compensation established by the Board,to perform such duties and services as the Board of Directors shall authorize. The Board shall use reasonable efforts in any management contract to provide for termination of such contract with or without cause and without penalty,upon no more than thirty(30)days written notice, and for a term not in excess of one(1)year. The Board may delegate to one of its members the authority to act on behalf of the Board on all matter relating to the duties of the managing agent which might arise between meetings of the Board. Section 4.14 Borrowing. The Board of Directors shall have the power to borrow money for any legal purpose subject to the approval of a two-thirds(2/3)of the Members present and voting in person or by proxy at a duly called meeting or by ballot. Section 4.15 Committees. The Board shall have the authority to establish such committees as the Board may determine with such powers and duties that the Board shall authorize. The members of all committees shall be appointed by the Board of Directors and shall serve at the pleasure of the Board. Any committee member may be removed with or without cause at any time and with or without a successor being named. —7— 29 Each committee shall make recommendations to the Board of Directors with respect to the matters within the jurisdiction of such committee. The Board of Directors shall consider the recommendations of the committees in managing the affairs of the Association. The committees shall have no authority to transact business on behalf of the Association or to bind the Association, which authority is vested exclusively in the Board of Directors. ARTICLE V: OFFICERS Section 5.1 General Provisions. The officers of the Association shall consist of a President,a Vice President,and a Secretary/Treasurer. In addition,the Association shall have such other officers as the Board of Directors shall deem to be desirable in connection with the administration of the affairs of the Association. Any two or more offices may be held by the same persons, except the offices of President and Secretary. Section 5.2 Appointment. All of the officers of the Association shall be appointed by,and shall serve at the pleasure of, a majority of the members of the Board of Directors. Section 5.3 President. The President shall be the chief executive officer of the Association, and shall preside at all meetings of the Members and of the Board of Directors. The President shall manage, supervise and control all of the business and affairs of the Association,and shall have all of the powers and duties which are incident to the office of the president of a corporation organized under the North Carolina Nonprofit Corporation Act. Section 5.4 Vice President. The Vice President shall perform the duties of the President whenever the President shall be absent or unable to perform such duties. If neither the President nor the Vice President shall be able to perform such duties,the Board of Directors shall appoint one of their members to act in the place of the President on an interim basis. The Vice President shall also perform such other duties as the President may delegate to him from time to time. Section 5.5 Secretary. The Secretary(a)shall attend all meetings of the Members and of the Board of Directors and shall keep the minutes thereof,(b)shall be responsible for the preparation and giving of all notices which are required to be given by the Declaration and these Bylaws, (c) shall perform the responsibilities of the Secretary under Section 4.2 of these Bylaws,(d)shall be the custodian of the books and records of the Association, (e) shall keep a register of the addresses of each Member of the Association,and(f)shall perform such other duties as are incident to the office of the secretary of a corporation organized under the North Carolina Nonprofit Corporation Act. Section 5.6 Treasurer. The Treasurer shall be charged with the management of the financial affairs of the Association, and shall keep full and accurate financial records and books of account showing all receipts and disbursements and of the Association,and shall prepare all required financial data. The Treasurer shall also perform all of the duties which are incident to the office of the treasurer of a corporation organized under the North Carolina Nonprofit Corporation Act. Section 5.7 Compensation of Officers. The officers of the Association shall be entitled to the payment of such compensation as shall be approved by two-thirds(2/3)of the total members of —8— 30 the Board of Directors;provided,however,that prior to the termination of the Class B membership, in no event shall any officer receive any compensation from the Association for serving in such capacity. The officers shall,however,be entitled to reimbursement for reasonable expenses incurred by them in the performance of their duties upon Board approval of such expenses. ARTICLE VI: MISCELLANEOUS Section 6.1 Fiscal Year. The fiscal year of the Association shall be selected by the Board. Unless otherwise selected, the fiscal year shall be the calendar year. Section 6.2 Certain Notices. Any Member who shall sell or lease any Lot in which he has a fee or undivided fee interest shall promptly give the Secretary a written notice of such sale or lease, which notice shall also set forth the name and address of such purchaser or lessee. The address so furnished for such purchaser or lessee shall be the address to which the Secretary shall send any notices to be sent to such purchaser or lessee, until such purchaser or lessee shall furnish the Secretary with another address for such purpose. ARTICLE VII: AMENDMENTS These Bylaws may be amended only in accordance with the following procedure:the Board of Directors shall first adopt a resolution proposing the amendment and recommending its adoption by the Members. Such proposed amendment shall then be presented to the Members at a meeting thereof duly called and held for the purpose of considering such proposed amendment. If such proposed amendment is approved by at least two-thirds(2/3)of the votes cast at such meeting,such amendment shall become effective;provided,however that the U.S.Department of Veterans Affairs (if it is then guaranteeing any Mortgage secured by any Lot)and/or the U.S.Department of Housing and Urban Development(if it is then insuring any Mortgage secured by any Lot)shall have the right to veto material amendments to these Bylaws for as long as the Class B membership shall not have terminated. ARTICLE VIII: INDEMNIFICATION Each person who is or was a director or officer of the Association, shall be indemnified by the Association against those expenses (including attorneys' fees),judgments, fines and amounts paid in settlement which are allowed to be paid or reimbursed by the Association under the laws of the State of North Carolina and which are actually and reasonably incurred in connection with any action, suit or proceeding, pending or threatened, whether civil, criminal, administrative or investigative,in which such person may be involved by reason of his being or having been a director of officer of the Association. Such indemnification shall be made only in accordance with the laws of the State of North Carolina and subject to the conditions prescribed therein. In any instance where the laws of the State of North Carolina permit indemnification to be provided to persons who are or have been an officer or director of the Association only on a determination that certain specified standards of conduct have been met, upon application for —9— 31 indemnification by any such person the Association shall promptly cause such determination to be made (i)by the Board of Directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding; (ii)if a quorum cannot be obtained,by majority vote of a committee duly designated by the Board of Directors (in which designation directors who are parties may participate),consisting solely of two or more directors not at the time parties to the proceeding; (iii) by special legal counsel selected by the Board of Directors or its committee in the manner prescribed in(i)or(ii),or if a quorum of the Board of Directors cannot be obtained under(i),and a committee cannot be designated under(ii), selected by majority vote of the full Board of Directors (in which selection directors who are parties may participate); or(iv)by the Members,but Members who are also directors who are at the time parties to the proceeding may not vote on the determination. As a condition to any such right of indemnification, the Association may require that it be permitted to participate in the defense of any such action or proceeding through legal counsel designated by the Association and at the expense of the Association. The Association may purchase and maintain insurance on behalf of any such persons whether or not the Association would have the power to indemnify such officers and directors against any liability under the laws of the State of North Carolina. If any expenses or other amounts are paid by way of indemnification,other than by court order,action by the Members or by an insurance carrier, the Association shall provide notice of such payment to the Members in accordance with the provisions of the laws of the State of North Carolina. —10— 32 CERTIFICATION OF BYLAWS I, the undersigned, do hereby certify: That I am the duly elected and acting Secretary of The Lodges at Chapel Hill Homeowners Association, Inc, a North Carolina corporation; That the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted at a Board of Directors meeting thereof held on the day of , 20_. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal of said Association this day of , 20_. (SEAL) Name: Title: 4220-1\M\Bylaws Lodges CH —11— 33 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LODGES AT CHAPEL HILL SUBDIVISION THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS. THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA. 1 34 STATE OF NORTH CAROLINA ORANGE COUNTY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LODGES AT CHAPEL HILL SUBDIVISION Prepared By: Return To: THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LODGES AT CHAPEL HILL SUBDIVISION ("Declaration"), is made the day of ,2022,by BROYHILL WILES DEVELOPMENT, INC., a North Carolina Corporation, hereinafter referred to interchangeably as "Declarant"or"Developer." WITNESSETH : WHEREAS, Declarant is the owner of certain real property located on Damascus Church Road (S.R. 1234), Orange County, North Carolina, (hereinafter referred to as the "Property") which is more particularly described on Exhibit A attached hereto and made a part hereof, NOW, THEREFORE, Declarant hereby declares that all of the Property described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title, or interest in the described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. Article I. DEFINITIONS Section 1. "Association" and "HOA" shall be used interchangeably to mean and refer to The Lodges at Chapel Hill Homeowners Association, Inc, Its Successors and Assigns, a private non- profit corporation formed or to be formed by the Declarant for the mutual benefit and protection of the Property and the Owners of the Lots in The Lodges at Chapel Hill Subdivision, all of whom shall be members of the Association. Section 2. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners, which shall include any real property, improvements thereon, and other amenities conveyed to the Association by the Developer. The Common Area to be owned by the Association is set forth in the plat of The Lodges at Chapel Hill Subdivision, as recorded in Plat Book at Page __of the Orange County Registry and shall include but not be limited to the following: Primary Conservation Areas, Secondary Conservation Areas, Open Space, subdivision signage and associated landscape area. Section 3. "Declarant" shall be used interchangeably with "Developer," and shall mean and refer to Broyhill Wiles Building and Development, Inc, or its successor in interest if such successor should acquire undeveloped Property from the Declarant for the purpose of development. 35 Section 4. "Declaration" shall mean this instrument as it may be from the time to time amended or supplemented. Section 5. "Architectural Committee" shall mean and refer to a committee of Owners appointed by the Board of Directors of the Association, which committee shall be responsible for the review and approval of all plans and specifications for the construction of dwellings and improvements on Lots. Section 6. "Lot" shall mean and refer to any of the numbered lots as shown on the plat of The Lodges at Chapel Hill Subdivision, recorded in Plat Book , Page , Orange County Registry. Declarant hereby reserves the right to reconfigure, from time to time and without the consent of any other Owner or the Members of the Association, the boundaries of any Lot or Lots owned by Declarant or an affiliate of Declarant, as the case may be, and to thereby create additional Lots, eliminate existing Lots or create additional Common Areas; provided, however, in no event shall the Property contain more than 12 (twelve) Lots. If Declarant or Dynpro Landholding, LLC elects to exercise their right to revise the boundaries of one or more Lots owned by one of them, that party shall record a revised plat of the affected Lot or Lots. Upon the recording by Declarant and/or Dynpro Landholding, LLC of such a revised plat, each lot shown on the previously recorded plat or plats, the boundaries of which are revised by the revised plat, shall cease to be a "Lot" as defined in this Declaration and each newly configured lot shown on the revised plat shall be a"Lot" as defined in this Declaration. Section 7. "Memberships"shall mean and refer to the rights, privileges, benefits, duties, and obligations,which shall inure to the benefit of and burden each Member of the Association. Section 8. "Member" shall mean and refer to every person or entity who has a membership in the Association. Section 9. "Mortgagee' shall mean a beneficiary under a mortgage or Deed of Trust. Section 10. "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 a part of the Property. Section 11. "Property" shall mean and refer to that certain property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 12. "Stormwater Control Measures" or "Stormwater Control Facilities" (such terms being used interchangeably herein) shall mean and refer to one or more of the following devices and measures, together with associated private stormwater drainage easements (however identified on a map, plat or document recorded in the Registry) that serve the Property: conduits, inlets, channels, pipes, level spreaders, ditches, grassed swales, sand filters, wet ponds, dry detention basins, wetlands, permanently protected undisturbed open space areas, bio-retention areas, retention or detention ponds, and other devices and measures, necessary to collect, convey, store, and control stormwater runoff and pollutants for more than one (1) Lot in the Property, and which are located outside public street rights-of-way and governmental drainage easements. Private stormwater drainage easements that serve more than one (1) Lot in the Property, however identified on a recorded map or plat or in a recorded document, are deemed to be dedicated to the -3- Association for the benefit of the Property or applicable portion thereof. All Stormwater Control 36 Measures are Common Area, as applicable. ARTICLE II. PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in addition to the Common Areas and all access easements thereto which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to limit the number of guests of members. b. The right of the Association to suspend the voting rights and privileges by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. c. The rights of the Declarant as set forth herein. d. The right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon which regulations may further restrict the use of the Common Area. e. The right of the Association to mortgage or convey all or part of the Common Area subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be effective unless an instrument creating such a dedication or transfer is signed by two-thirds (2/3) of each class of members eligible to vote (which votes may be cast in person or by proxy) and properly recorded. Section 2. Delegation of Use. An Owner may delegate, in accordance with the By- Laws, his right of enjoyment of the Common Area and facilities to any member of his family, his tenants, or contract purchasers who reside on the Property. ARTICLE III. EASEMENTS Section 1. Easements are reserved and may be granted by Declarant or the Association as necessary in the Common Areas for installation and maintenance of underground utilities and drainage facilities. Section 2. In case of an emergency originating in or threatening any Lot or the Common Areas and facilities, regardless of whether any Owner is present at the time of such emergency, the Board of Directors, or any other person authorized by it, shall have the right to enter upon any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Owners,at the Owner's expense, and such right of entry shall be immediate. Section 3. The Declarant reserves unto itself, its successors and assigns, a perpetual and -4- inalienable easement and right on, over, and under the ground to erect, maintain, inspect, repair 37 and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water, cable television or other public conveniences or utilities on, in, or over each Lot and such other areas as are shown on the plat of the Properties recorded or to be recorded in the office of the Register of Deeds of Orange County; provided further, that the Declarant may establish drainage ways for surface water whenever such action may appear to the Declarant to be necessary in order to maintain reasonable standards of health, safety and appearance. These easement rights expressly include the right to cut any trees, bushes, or shrubbery, grade the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. Each Owner shall not allow the diversion or concentration of stormwater runoff, without the prior written approval of the Architectural Committee, and no drainage diversion or structure may be constructed in violation of any North Carolina Department of Transportation regulation. Such rights may be exercised by any licensee of the Declarant, but this reservation shall not be considered an obligation of the Declarant to provide or maintain any such utility or service. Section 4. The Declarant reserves unto itself, its successors and assigns, the right to subject the Property to a contract with Piedmont Electric Membership Coop or other electricity generating company for the installation of street lighting, which contract requires a continuing monthly payment to Piedmont Electric Membership Coop by the Association for street lighting service. Section 5. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other person regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE IV. MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: a. CLASS "A". Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot. When more than one person or entity holds an interest in any Lot, all such persons or entity shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. b. CLASS "B". The Class B member shall be the Declarant or Developer and Declarant or Developer shall be entitled to twelve (12) votes for each Lot owned by Developer. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: -5- 38 (1) The time that Declarant owns no Lots, or (2)Ten (10) years from the date of recordation of this Declaration, or (3) Upon Declarant's resignation from Class B status, upon which Declarant shall no longer be Declarant and shall be a Class A member. ARTICLE V MANAGEMENT AND CONTROL Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with this Declaration and the By-Laws. PROVIDED HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the Declarant until the earlier of. (1) such time as all of the Lots in The Lodges at Chapel Hill have been sold and conveyed by the Declarant to purchasers or (2) the date that is ten (10) years from the date of recordation of this Declaration,whichever occurs first. Management and control may be transferred to the Owners at any time by Declarant in its sole discretion. ARTICLE VI. COVENANTS FOR ASSESSMENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENT. 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 to the Association: a. Annual assessments, annual road maintenance fee or charges; b. Special assessments for capital improvements,such assessments to be established and collected as hereinafter provided; c. Insurance assessments; d. To the appropriate governing taxing authority, a pro rata share,per Lot, of ad valorem taxes levied against the Common Area,if any; e. A working capital assessment; and £ Penalty assessments, such assessments to be established and collected as hereinafter provided. The annual, road maintenance, special, working capital and penalty assessments, along with insurance and property assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. -6- 39 Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively to promote the recreation,health, safety and welfare of the residents in the Property and for the improvement and maintenance of all easements, utilities, and the Common Area,as conveyed to the Association and as shown on the recorded plat of The Lodges at Chapel Hill Subdivision, and repair of any other amenities located upon the common areas,the costs of enforcing this Declaration, maintenance of the roadways until such roads are accepted for maintenance by NC Department of Transportation, and the payment of all other expenses associated with the common areas, including the prompt and full payment of all ad valorem property taxes and insurance for said common area(s), and, in addition, for the Association to keep the property in neat and good order, and to provide for the health, welfare, and safety of the Owners and residents of The Lodges at Chapel Hill. Section 3. ANNUAL ASSESSMENTS. A Lot shall become subject to annual assessments from the day following the day of conveyance by the Declarant or Developer to the Owner.The annual assessments shall be detmy�ned as follows: a. Until January 1 of the year immediately following the initial conveyance of a Lot by Developer to an Owner, the annual assessments shall be in the amount of$1,000.00 (and shall be in addition to a one-time capital contribution of $1,000.00 payable to the Association at the closing of the purchase and sale of each Lot pursuant to Section 7 of this Article) in order to carry out the responsibilities of the Association. Following the purchase of any Lot by an original Owner, at the time that any Lot is sold, transferred, or conveyed by an Owner thereafter, the new Owner shall pay a one-time capital contribution of $1,000.000 to the Association, in addition to the payment of the annual assessment, as it becomes due. b. From and after January 1 of the year immediately following the conveyance of a Lot to an Owner by Developer, the maximum annual assessment may be increased each year not more than ten (10%) percent above the maximum assessment for the previous year without a vote of the membership. c. From and after January 1 of the year immediately following the conveyance of a Lot to an Owner by Developer, the maximum annual assessment may be increased above ten (10%) percent by vote of the owners of 2/3 of the Lots within the Property who are eligible to vote and voting, whether in person or by proxy, at a meeting duly called for this purpose. Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized above, the Association may levy,in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of the Owners of 2/3 of the Lots who are eligible to vote, whether the owners are voting in person or by proxy at a meeting duly called for this purpose. Section 5. INSURANCE. The Board of Directors, on behalf of the Association, as a common expense, shall at all times keep the property of the Association, if any, insured against loss or damage by fire or other hazards or other such risks, including, but not limited to, director's liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the Property and Common Area, which -7- insurance shall be payable in case of loss to the Association for all members. The Association 40 shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each member to insure his personal property for his own benefit at this own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees. 6. INSURANCE ASSESSMENTS. All insurance policy premiums on the Common Areas for the benefit of the Association purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense, and the Association shall levy against each Lot equally as an additional annual assessment, (herein called "Insurance Assessment") which shall be in addition to the amounts provided for all such insurance premiums. Section 8. PENALTY ASSESSMENT. The Association may assess a penalty assessment against any Owner for violation of any provision of this Declaration or for violation of any rule or regulation promulgated by the Board of Directors of the Association. A schedule of penalty assessments to be assessed for a restriction violation or rule violations shall be established annually by the Board of Directors at their annual meeting and the collection of such assessments shall be enforced in the same manner as the collection of annual capital, special and insurance assessments. Section 9. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3 AND 4 IN THIS ARTICLE. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 of this article shall be sent to all Members not less than thirty (30) days and not more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or proxies entitled to cast two-thirds of all of 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 the 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 sixty (60) days following the preceding meeting. Section 10. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE DATES. The annual assessments provided for herein shall commence as to each Lot on the first day following the date of conveyance of the Lot by the Declarant or Developer to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon -8- 41 demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Section 11. EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall be delinquent, in default, and shall bear interest from the due date at the highest rate then permitted by North Carolina law not to exceed twelve (12%) per annum. The Association may bring an action at law against the Owner, who shall be personally obligated to pay the same plus interest, costs, late payment charges and reasonable attorneys' fees, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot. The lien herein granted unto the Association shall be enforceable pursuant to Article 2A of Chapter 45 of the General Statutes from and after the time of recording a Claim of Lien in the Office of the Clerk of Superior Court in the County in which the Property is located in the manner provided therefore by Article 8 of Chapter 44 of the North Carolina General Statutes, which claim shall state the description of the Lot encumbered thereby, the name of the record owner, the amount due and date when due. The claim of lien shall be recordable any time after thirty (30) days after the due date of the assessment or any installment thereof and the lien shall continue in effect until all sums secured by said lien as herein provided shall have been fully paid. Such claims of lien shall include all assessments which are due and payable when the claim of lien is recorded, plus interest, costs, late charges, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien shall be signed by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. Section 12. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer, but shall not relieve the Owner oof the Lot at the time of the assessment from personal liability. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien of such assessments. ARTICLE VII INSURANCE Section 1. INSURANCE TO BE MAINTAINED BY THE ASSOCIATION. The following insurance coverage shall be maintained in full force and effect by the Association: (a) Public liability and property damage insurance in such amounts and in such forms as shall be required by the Association, but public liability shall be an amount of at least One Million and no/100 Dollars ($1,000,000.00) for each occurrence. (b) All liability insurance shall contain cross-liability endorsements to cover liability of the Owners as a group to an individual Owner. 42 (c) Such other insurance coverage as it may determine to be desirable and necessary, including fire and hazard insurance covering all improvements located on the Common Elements. (d) Such other fidelity bonds as it may determine to be desirable and necessary for those officers or employees having control over Association funds. (e) Other insurance required by law. Section 2. PREMIUMS. Premiums for insurance policies purchased by the Association shall be paid by the Association and charged as a Common Expense chargeable to Owners as an annual assessment according to the applicable provisions of this Declaration. Section 3. INSURANCE BENEFICIARIES. All such insurance policies shall be purchased by the Association for the benefit of the Association and the Owners as a group. Section 4. INSURANCE TO BE MAINTAINED BY THE OWNERS. Every Owner shall maintain in full force and effect at all times fire and hazard insurance in an amount equal to the full insurable value of his improvements except that the amount shall not be required to exceed the replacement cost of the improvements. An Owner shall exhibit to the Board, upon request, evidence that such insurance is in effect. If any Owner shall fail to maintain such insurance, the Board is authorized to obtain such insurance in the name of the Owner from an insurer selected by the Board, and the cost of such insurance shall be included in the annual assessment of the Owner and shall constitute a lien against his Lot until paid as a result of enforcement by the Association or otherwise. ARTICLE VIII. ARCHITECTURAL CONTROL Section 1. BUILDING AND SITE IMPROVEMENTS. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any Lot in the Property, nor shall any exterior addition to or change in or alteration therein (including color of paint or finish) be made until the plans and specifications showing the nature, kind, shape, heights, 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 its designee, or, after the sale of all Lots by the Declarant, by the Board of Directors of the Association, or by the Architectural Committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with, provided that such addition, change, or alteration is in general conformity with the overall plan, design, and appearance of the subdivision in general. Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Declarant, the board of directors or the Architectural Committee, as the case may be, shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Declarant or the Architectural Committee as the case may be, for its records. 43 The Declarant, Association, Board of Directors and the Architectural Committee shall not be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. Section 2. LANDSCAPING PLANS. All landscaping plans must first be approved by the Declarant, the Board of Directors, or the Architectural Committee. The removal of any tree in excess of eight (8") inches in diameter on any Lot in the subdivision shall require the prior approval of the Declarant, the Board of Directors, or the Architectural Committee. No landscaping shall be commenced or maintained upon any Lot in the subdivision until the plans and specifications showing the nature, kind, and location of the same shall have been submitted to and approved in writing as to harmony of design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all Lots by the Declarant, by the Board of Directors of the Association, or by the Architectural Committee. In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural Committee, fails to approve or disapprove such landscape plan within thirty (30) days after said plan has been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with, provided that such plan is in general conformity with the overall plan, design, and appearance of the subdivision in general. Refusal or approval of any such plan may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Declarant,the Board of Directors, or Architectural Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Declarant or Architectural Committee, as the case may be,for its records. Section 3. DEVELOPER'S RIGHTS. All duties and responsibilities conferred upon the Board or the Architectural Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own any Lot in the Properties. Section 4. APPROVAL OF PLANS: A. All dwelling units shall have a minimum of 2,500 square feet of finished and heated enclosed dwelling area. The term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. B. No dwelling erected on a detached single-family residential Lot (including garage) shall be constructed nearer than fifty (50') feet to the front Lot line, twenty-five (25') feet to any side Lot line, and fifty (50') feet to the rear Lot line. This restriction shall prevail over any lesser governmental setback standard. Variances of these setback requirements may be granted by Declarant or the Board of Directors of the Association, but in no case will the setback be less than that required by the governmental agency having jurisdiction over the Property. Roof overhangs, decks, stoops, steps and patios shall not intrude into any setback area. C. No structure shall be erected, altered, placed or permitted to remain on any Lot, except one single family dwelling not to exceed two and one-half stories of heated living space 44 in height, unless the Declarant, the Board of Directors, or the Architectural Committee, as the case may be, approves in writing a structure of more than two and one-half stories, and/or one or more small accessory buildings (which may include guest facilities) provided that the use of such dwelling or accessory building does not in the opinion of the Declarant, the Board of Directors, or Architectural Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business. D. No mobile homes, manufactured homes, modular homes, or other similar pre- manufactured home shall be constructed, placed, located, or allowed to remain on any Lot within the Property. It is the intent of the Declarant to only allow "stick-built" houses to be constructed on the Lots within the Property. E. All service utilities, trash containers, fuel tanks, clothes lines and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Declarant, the Board of Directors, or the Architectural Committee, so as to preclude the same from causing an unsightly view from any neighboring Lot, highway, street or way within the Property. All mail and newspaper boxes shall be uniform in design, and the design for mail and newspaper boxes shall be furnished by the Declarant. No fences shall at any time be placed or permitted to remain on any Lot without approval of the Declarant, the Board of Directors, or the Architectural Committee. F. Off street parking within an enclosed garage for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which parking areas and the driveways connected thereto shall be constructed of a material approved by the Declarant, or its designee. No Owner or invitee of any Owner shall be allowed to park on any common areas, on any roadway or street right of way, or on any yard areas. G. There shall be a forty foot (40') landscape buffer located along the front of all Lots in order to maintain and enhance a consistent natural look along the neighborhood streets. Trees, bushes, shrubs, grass or other vegetation contained therein shall not be installed or removed except upon written approval by the Architectural Committee. H. Minimal and selective clearing of trees and vegetation for the installation of septic fields and septic repair areas shall be permitted pursuant to the approval and guidelines of the Orange County Health Department. It is the intent of the Declarant that septic fields and septic repair areas be maintained in a generally natural condition, however, this requirement shall not be interpreted to prevent installation of a septic tank or septic field on any Lot. I. Open Loop Geothermal HVAC systems are prohibited, as closed loop geothermal systems are encouraged. J. Surfaces considered to be impervious surfaces shall be determined based on Orange County regulations in effect at the time of construction of any improvement on a Lot. The impervious surface for each Lot is listed below. Impervious Surface which has been allocated to one Lot may be reallocated to another Lot or Lots upon request of all affected Lot Owners, and upon approval of the reallocation by the Declarant or the Architectural Control Committee, or Orange County, as the case may be. In the event of reallocation of Impervious Surface, the Association shall prepare a statement: (i) stating the amount of Impervious Surface originally granted to each Lot participating in the reallocation; (ii) stating the re-allocation of Impervious Surface among the participating Lots; and (iii) stating the total Impervious Surface allocated to 45 each Lot participating in the reallocation. This statement of re-allocation shall be executed by the president of the Association and by the Lot Owners participating in the re-allocation and shall be recorded in the Orange County Registry. Lot Number Impervious Surface Limitation 1 5853 Square Feet 2 4845 Square Feet 3 4934 Square Feet 4 4221 Square Feet 5 4532 Square Feet 6 4635 Square Feet 7 4775 Square Feet 8 4876 Square Feet 9 4662 Square Feet 10 5038 Square Feet 11 4358 Square Feet 12 4617 Square Feet Section 5. MAINTENANCE BY ASSOCIATION. The Association shall maintain all Common Areas, including all roadways, road lighting fixtures, entryway plantings, sidewalks, and shall pay all costs of operation thereof including premiums associated with general liability insuring the Association from liability arising from the ownership and operation thereof. ARTICLE IX. USE RESTRICTIONS Section 1. LAND USE AND BUILDING TYPE. Except for the Common Areas, which may be used for recreational purposes, all Lots shall be used for residential purposes only except that so long as the Declarant or the Developer shall retain ownership of any Lots, it may utilize any such Lot for models for the purpose of selling or renting Lots within the Property including the right to place "For Sale" or "For Rent" signs on such Lot. The Declarant may assign this limited commercial usage right to any other person or entities as it may choose; provided, however, that when all Lots have been sold by the Declarant, this right of commercial usage by the Declarant, its successors and assigns shall immediately cease. Co-ownership of Lots shall not be prohibited. Except as herein provided, any building erected, altered, placed, or permitted to remain on any Lot shall be subject to the provisions of Article IX of this Declaration relating to Architectural Control. Section 2. NUISANCES. No noxious or offensive activity shall be carried on or upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly, or unkempt condition of buildings or grounds on such Lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the specified area. Section 3. LOT MAINTENANCE. In the event that any Owner of a Lot shall fail or 46 refuse to keep it free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after thirty days' notice from the Architectural Committee, the Association or its designee may enter upon such Lot and remove the same at the expense of the Owner, and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such Lot, including collection costs and reasonable attorney fees, and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefore. Such lien shall be enforceable in the same manner as the collection of annual, capital, special and insurance assessments hereunder. Section 4. JUNK VEHICLES AND TRACTOR TRAILERS. No inoperable vehicle or vehicle without current registration, current state inspection sticker, current license plate, and current insurance will be permitted on the Property, and no tractor-trailers will be permitted on the Property. The Association shall have the right to have all such vehicles towed away at the Owner's expense. Section 5. SIGNS. No signs shall be permitted on any Lot or in the common areas without permission of the Board of Directors,except that"For Sale" signs conforming to Orange County Sign Ordinances may be displayed by an Owner on the Owner's Lot. The display of political signs is permitted; provided, however,there shall be no display of political signs earlier than 45 days before the day of the election nor later than seven days after an election. Further, no political sign may be larger than 24 inches by 24 inches in accordance withN.C.G.S. §47F-3-121. For purposes of this section a political sign means a sign that attempts to influence the outcome of an election, including supporting or opposing an issue on an election ballot. Further, no pole or other device for the display of decorative flags shall be erected or displayed on or about any Lot or in the Common Areas unless approved in advance by the Association. To the extent permitted by law,no signs or flags shall be placed on any building or improvement unless otherwise approved by the Association.In the event that the Association approves installation of a pole or device for the display of decorative flags, any such flags displayed by an Owner shall be in good taste and shall not contain lewd or offensive displays or material. The display of the flag of United States or North Carolina is permitted as long as its size is no greater than 4 feet by 6 feet and it is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. § 5-10, as amended. No flag(North Carolina or United States included)of a size greater than 4 feet by 6 feet shall be displayed or erected on or about any Lot or Common Areas. Section 6. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be allowed on any Lot any time either temporarily or permanently. Provided however, that this provision shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on any Lot until the construction of dwellings on all Lots in the subdivision is complete. Section 7. RECREATIONAL VEHICLES. No boat, motorboat, camper trailer, or mobile home shall be permitted to remain on any Lot or on any street in the Property at any time, without the written consent of the Developer or the Association or its designee. If allowed by the Developer or the Association or its designee, such boats or other vehicles must be screened or otherwise hidden from view from the street. Section 8. ANIMALS. No animals, livestock or poultry of any kind shall be kept or 47 maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are at all times properly leashed or under the control of their owner and do not become a nuisance to the neighborhood. Section 9. TV SATELLITE DISHES AND OUTSIDE ANTENNAS. No TV satellite signal receiving dishes will be permitted on any Lot and no outside radio or television antennas shall be erected on any Lot within the Properties unless and until permission for such dishes or antennae has been approved by the Board of Directors of the Association or its Architectural Committee in regard to size and location. Section 10. EXTERIOR LIGHTS. All light bulbs or other lights installed in any fixtures located on the exterior of any building or any Lot shall be clear,white,or non-frost lights or bulbs. No"area lights"or similar flood lights shall be allowed within the subdivision. Section 11. VEHICLE REPAIRS. No repairs to any vehicle may be made in driveways, only in garages and not be visible from the street. No inoperable or immobile vehicle, whether or not containing current registrations, shall be permitted to remain in any driveway or on any street. Section 12. ALTERATIONS. No person shall undertake, cause, or allow any alteration of construction in or upon any portion of the Common Areas except at the direction or with the express written consent of the Association. Section 13. SUBDIVIDING. Except as allowed in Section 18 hereinbelow, no Lot shall be subdivided, or its boundary lines changed, except with the prior written consent of the Declarant during Declarant's Class B membership of the Association and thereafter by the Board. However, the Declarant hereby expressly reserves unto itself,its successors and assigns, the right to re-plat any two (2) or more Lots shown on the plat of the subdivision of the Property in order to create one or more modified Lots; to further subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract; to eliminate from this Declaration Lots that are not otherwise buildable or are needed for access to any area of the Properties or are needed for use as private roads or access areas, and to take such steps as are reasonably necessary to make such re- platted Lots or tracts suitable and fit as a building site or access area or roadway, said steps to include, but not to be limited to the relocation of easements, walkways, and rights-of-way to conform to the new boundaries of the said re-platted Lots. In no event may a Lot be subdivided or reconfigured without the approval of the appropriate local governmental authority. Section 14. SWIMMING POOLS. No above ground swimming pools shall be permitted within the subdivision. Swimming pools and hot tubs shall be located on a Lot in a place specified by the Architectural Committee. All fencing surrounding swimming pools, spas, and hot tubs shall be approved by the Architectural Committee. Section 15. COMMON AREA MAINTENANCE. The Common Area owned by the Association is intended to remain in its natural state. Hence, removing, destroying or cutting trees and vegetation within the Open Space is strictly prohibited except for: (a) selective removal of trees or vegetation for the prevention or treatment of disease, (b) removal of dead or fallen trees posing a hazard, (c) removal of invasive, non-native or noxious plants that threaten indigenous plant species, (d) relocation of exposed root balls to their original position, and (e) minimal and selective clearing necessary to maintain best forestry practices in the management of wooded areas. Trees and limbs from trees may be removed from the Open Space only with the 48 prior approval of the Architectural Committee to determine if a tree has fallen or constitutes a hazard. The method of removal shall be approved by the Architectural Committee, and may include on-site chipping or grinding, provided the methods and machinery used shall not result in erosion or compaction of soil. Section 16. COMMENCEMENT OF CONSTRUCTION. Except for the Lots owned by Dynpro Landholding, LLC and Rugby Ventures, LLC, all construction of any improvements to a Lot must be commenced within twelve (12) months of purchase, and must be completed within eighteen (18) months from the commencement of the date of construction, unless otherwise extended by written consent of the Architectural Committee. Section 17. GARDENS. No garden or fenced garden shall be permitted in the front yard of any Lot or Lots. Section 18. COMBINATIONS. Except for the Lots owned by Dynpro Landholding, LLC and the Declarant,there shall be no combining of adjacent Lots. ARTICLE XI. GENERAL PROVISIONS Section 1. ENFORCEMENT. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to the foregoing, the Association shall have the right,at its option, whenever there shall have been built on any Lot any structure which is in violation of these restrictions, to enter upon such Property were such violations exist, and summarily abate or remove the same at the expense of the Owner, if after thirty (30) days written notice of such violation, it shall not have been corrected by the Owner. Any such entry, abatement, or removal shall not be deemed a trespass. The failure to enforce any covenants, restrictions, reservations or conditions contained in these Restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach, or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. Section 2. COST OF ENFORCEMENT. Should the Association employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, or re-entry, by reason of such breach, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner of such Lot or Lots, and the Association shall have a lien upon such Lot to secure payment of all such claims. Section 3. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no manner affect any other provisions which shall remain in full force or effect. Section 4. LOTS SUBJECT TO DECLARATION. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of this Declaration, and as this Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of 49 any Lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot as though such provisions were made apart of each and every deed of conveyance or lease. The covenants and restrictions of this Declaration are to run with the land and be binding on all persons and parties with an interest in the Property. Section 5. AMENDMENT OF DECLARATION. Except as herein provided, the covenants and restrictions of this Declaration may be amended by an instrument signed by two- thirds (2/3) of each class of Members recorded in the Orange County Register of Deeds. Declarant's power to amend this Declaration as provided in Section 6 of this Article shall not require the consent of the Class A members and shall be valid when signed by the Declarant and recorded in the Orange County Register of Deeds. Section 6. AMENDMENT BY THE DECLARANT. The following amendments may be effected by the Declarant, or the Board, as the case may be,without consent of the Members: A. Prior to the sale of the first Lot, this Declaration may be amended by the Declarant, subject to the review and approval of Dynpro Landholding, LLC, such approval to be provided in a timely manner and not unreasonably withheld. If within 30 days, no approval has been received, approval is assumed. B. The Declarant or the Board may amend this Declaration to correct any obvious error or inconsistency in drafting, type or reproduction. C. The Declarant, so long as it shall retain control of the Association, shall have the right to amend this Declaration to conform to the requirements of any law or governmental agency having legal jurisdiction over the Property, or to qualify the property or any Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency, or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. D. The Declarant, for so long as it shall retain control of the Association, and thereafter, the Board of Directors, may amend this Declaration as shall be necessary, in its opinion, and 50 without the consent of any owner, to qualify the Association or the Property, or any portion thereof,for tax-exempt status. E. The Declarant,for so long as it has control of the Board,may amend this Declaration to include any platting change of the Property as permitted herein. (SIGNATURE AND NOTARY ACKNOWLEDGMENT ON NEXT PAGE) 51 IN WITNESS WHEREOF, the Declarant has hereunto executed this Declaration on the day and year first above written. Broyhill Wiles Building and Development, Inc. (SEAL) Kenton B. Wiles, President NORTH CAROLINA ORANGE COUNTY I certify that the following person(s)personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document in the capacity indicated: Kenton B. Wiles (print name) Notary Public This day of , 20 My Commission Expires: 4220-1/M/CovenantsLodges(v3) 52 THE LODGES AT CHAPEL HILL HOMEOWNERS ASSOCIATION, INC., a North Carolina Nonprofit Corporation WRITTEN CONSENT OF SOLE INCORPORATION IN LIEU OF ORGANIZATIONAL MEETING AS OF THE_DAY OF 92021 The undersigned, being the sole incorporator of Miramonte Homeowners Association, Inc., a North Carolina nonprofit corporation (the "Corporation"), and acting in accordance with Section 55A-2-05 of the North Carolina Nonprofit Corporation Act (the "Corporation Code"), hereby takes the following actions and adopts the following resolutions by written consent in lieu of a meeting, and directs that this written consent be filed in the minute book of the Corporation: RESOLVED, that the Bylaws attached hereto as Exhibit A are approved and adopted as the Bylaws of the Corporation. RESOLVED, that the following persons are elected to the following offices to have the responsibilities and duties established in the Bylaws: President: Kent Wiles Vice President: Natasha Wiles Secretary/Treasurer: Ron Snyder RESOLVED, that the Articles of Incorporation of the Corporation, filed with the Secretary of State of North Carolina, are approved and accepted, and the Secretary of the Corporation is directed to place a copy thereof in the minute book of the Corporation. RESOLVED, that the Secretary of the Corporation is authorized to approve a corporate seal of the Corporation. RESOLVED, that the fiscal year of the Corporation will be fixed by the President. RESOLVED, that the President or the Treasurer of the Corporation is each authorized: (a) to designate such bank or banks as depositories (the "Depository" or "Depositories") for the funds of the Corporation as either of them may deem necessary or advisable; (b) to open, keep, and close general and special bank accounts (the "Accounts") and safe deposit boxes with any Depository; (c) to cause to be deposited in the Accounts from time to time such funds of the Corporation as such officer may deem necessary or advisable; 53 (d) to designate from time to time officers and agents of the Corporation authorized to sign or countersign checks, drafts, or other orders for the payment of money issued in the name of the Corporation against the Accounts; and (e) to make such general and special rules and regulations with respect to the Accounts (including, without limitation, authorization for use of facsimile signatures) as such officer may deem necessary or advisable. If any Depository requires a prescribed form or forms of resolutions relating to the Accounts or to any application, statement, instrument, or other documents connected with the Accounts, the resolutions contained in any such prescribed form will be deemed to be adopted by the Board of Directors, and the Secretary or any Assistant Secretary, if there is one, of the Corporation is authorized to certify the adoption of any such resolution as though it were presented to the Board of Directors at the same time as this written consent, and to insert all such resolutions in the minute book of the Corporation. RESOLVED, that the following officers and employees of the Corporation are hereby provided the same indemnification and other rights as provided to the Corporation's directors pursuant to the Corporation's Articles and Bylaws (subject to the conditions, limitations and obligations specified therein): President, Vice President, Secretary, and Treasurer. RESOLVED, that the President (or any other officer authorized by the President) is authorized to take such steps as may be necessary to accomplish an election to have the Corporation treated as a 501(c)(6) nonprofit corporation within the meaning of the Internal Revenue Code of 1986, as amended, including the filing with the Internal Revenue Service of such properly completed and executed forms and documents as the President (or such authorized officer)may deem necessary or advisable if such an election is made. Executed this day of , 2021 and effective as of the day and year first above written. Kent Wiles 4220-1\M\Written Consent Lodges -2- 54 EXHIBIT A -3- 55 BROYHILL WILES THE LODGES AT CHAPEL HILL ORANGE COUNTY, NC PROJECT No. A55602.00 Is s Chapel III r {£'` SCHEDULE OF DRAWINGS: w^zsfnNM °O ` 'i U..'s of Y` Naorth Ca ' c �°Ao O seA„cs t Chapel ill Myra ° u,,,cnw°^ri° Jw„r„,„,,,,, COVER SHEET - D C-101 EXISTING CONDITIONS ° al IS ® ®�r„m C-102 PROPOSED SITE PLAN C-103 PRE-DEVELOPMENT LAND COVER West Campos C-104 POST-DEVELOPMENT LAND COVER g .sw°s-cma a C-106 STORMWATER PLAN 6 _ O C-106 SEDIMENTATION AND EROSION CONTROL PLAN C-107 LODGES TRAIL PLAN AND PROFILE 1 ¢eµ C-108 LODGES TRAIL PLAN AND PROFILE 2 e� ' C-109 LODGES TRAIL PLAN AND PROFILE 3 0 C-110 LODGES TRAIL PLAN AND PROFILE 4 C-111 LODGES TRAIL PLAN AND PROFILE 5 3_ ks C-112 STREAM CROSSING PLAN c v . ® C-113 FLOODPLAIN MAP D-101 DETAILS 1 a SITE D-102 DETAILS 2 aP'S D-103 DETAILS 3 SITE ® D-104 DETAILS 4 D-105 DETAILS 5 n''o D-106 DETAILS 6 e �' e a. v c D-107 DETAILS 7 g , D-108 DETAILS 8 Q�z wesr z Go,91a MacCONNELL V I C I N I T Y MAP LOCATION M A P r & Associ y o„-„ P. C.., opso ssRo ates, sw EAL 501 CASCADE POINTE LANE,SUITE 103 s v z F/ a° CARY,NORTH CAROLINA 27513 MARCH 26,2919 P.O. BOX 129 — „ '•r,3.NP...... A.P ISIONS LICENSE MORRISVILLE,NORTH CAROLINA 27560 "° °P�` °o.„.�ro�°" PROJECT PROJECT mi""0 _ MANAGEMENT MANAGEMENT No.C-1039 TEL:(919)467-1239 FAX:(919)319-6510 °°"'"' _ �«s. ,°ivz, _ o 56 LEGEND s LINE IXR STINGttM—CONTOUR p / � —110—RIOPOSEDNINDEx COMOUR 8 PROPOSED INTERMEDIATE U CONTOUR UNIVE0- PROPOSED ROAD _ SITY N:9]RJ122945 OF NO - CENTERLINE P U VERS TY OF NO \ DB 000 PC 000 - P 9JJ8119322 ZON NG.FIE PROPOSED LOT MNES DB O(R 000 EXSING ADJ PROPERTY I MIND B --- J5B 6 =5— SILT FENCE PIN STON9777 ROBE 069ORT J >— DITCH/FLOW DIRECTION PIN:5209 H6908 DB ZONING, PB 26 LIMITS OF GRADING/ ZONING:RB DISTURBANCE m 0 rm ,.. PRoTD ^` P Z 9771 v 3154ET F PP1p0-DOD + UU1Nb1`c� `F DB 132t B 233 'R' P✓'1N g �PJ ONING:RB 7PIN�R 0NIN]102984 Y 0 DB 6215 PB 165 ZONING:RB TON PIIOEME]131JSO MRS UFUS I g o DB DEC PB 000 FEARRIN—GTO JOSEPH A i \ ZONING:RB FEAR777131J LUCY W 4 5 5 NATASH 5 tl — PIN:9J]J131192 WILE DB 1321 PE 230 WILE ZONING:RS PIN:9JJJ029266A - FOREST M GREGORY — DB 1376 PC 23 PIN:9JJJ009JJJ ZONING.R6 DB 1572 RPB 346 A-il ZONING:ME CS RB56NTQN B PIN I 9 7S 11035 o REVISIONS o< NO. DATE DESCRIPTION GENERAL NOTES 1 02/13/20 PER ORANGE c0. HARRIS ALTON J e . - —TEN JOHN J 2 O./31/21 RELOCATED DRY POND A 1. PROJECT SITE IS LOCATED IN THE UNIVERSITY LAKE WATERSHED,UPPER NEW HOPE ARM,(CAPE PIN:9JJJ038032 FELIE CATHERIN 3 10/I/21 PER ORANGE CO. OB 4918 PE 5] RIVER BASIN). ZONING:RB PINN9JJJOOJ896 E 4 11/23/21 RELOCATE DRY POND A 2, TOTAL AREA OF SITE=43.83 AC, CB 904 PH 44 PROJECT MANAGER: PROJECT ENGINEER: ZONING:RB GSM TAP 3, TOPOGRAPHIC SURVEY DATA OBTAINED FROM ENT LAND SURVEYS,INC.ON APRIL 21,2015. DRAWN BY: CHECKED BY: 4. NORTH CAROLINA STATE PLANE DATUM:NAD 1983 HORIZONTAL,HAVE 1988 VERTICAL JDH/TAP GSM 5, ALL SURVEY INFORMATION SHOWN HEREON PROVIDED BY: DATE. m° MARCH 26.2GO ENT !i IAND SURVEYORS,� INC. 226 S.CHURTON ST,HILLSBOROUGH,NC 27278 e H OSO OAR 6. DEVELOPER: KEHT WILES //�� T 'v•"; 2 S BROYHILL WILES BUILDING AND DEVELOPMENT,INC. So18 BUTLER GLEN DRIVE TATUM BEVERLY J FEARINGTON CHAPEL HILL,NO 27516 PIN:9JJ]034 E. / JOSEPH A ETAL BO 1Z3A IN J. OWNER: PIN 9]]J-12-9226 TM J.120.9C DB 000 PB 000 `/\PIN:9JJJ0246J3 HABERER LTNDA JL ••0.1' � t� "'IN ZONING:RB DB 994 PB 152 '4 A�pET c LES e TON B. D0116 BUTLERI GLEN DRIVE ZONING:RB e h 2b9 s N VJ DB�—PIG 977 70048282 64 ATASHA G.WILES (/� ��i JTJ a CHAPEL HILL.NO 27516 e ZONING:RB M$(`iliO1V 1VGLL S 43J6 PG 21.DB 4376 PG 23 n N 9]JJ-11-0563 TM J.120-10 NF 95- �Associates, P. 0 9 BEfttE KING HEIRS \/Y CARY C. RT51J 20 CARRBOEANDER 2D 10 LOVINGOOD BILLY W 5� RISVILLE AROMNA 2J550 LOVINGOOD SALLY DB 698 PC 347 J5 PIN:9JJJ02140B / OB 49J4 PB 242 EL:1919145J-] A%:W1916194V510 8. LOCATION OF ALL UTILITIES IS APPROXIMATE.CONTRACTOR SHALL VERIFY AT THE SITE PRIOR TO ZONING.RB CONSTRUCTION. 5 9. NO CONSTRUCTION WILL BE ALLOWED WHEN THE GROUND IS WET. T- q90 BROYHILL WILES ( 10.NOTIFY UNDERGROUND UTILITIES LOCATOR PRIOR TO ANY EXCAVATION, CONTRACTOR IS THE LODGES AT $ RESPONSIBLE FOR COORDINATION OF ALL TRADES AND SUBCONTRACTORS. CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFYING ALL DIMENSIorvs, ELEVATIONS, AND LOCATION of ALL ° CHAPEL HILL - SM-NO CONDITIONS AND UTILNIES. 11,CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE SOIL EROSION AND SEDIMENTATION CONTROL MILLER CASS i MACLEOD LESLET S U £ REQUIREMENTS. SMITH-MILLER CHERYL A MILLS WTLUAM A PIN:9JJJ011 a 12,CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE OSHA.NCDOT AND SAFETY REQUIREMENTS. I \ OB 20a1 11 520 620 PIN:9]]7001932 DB 4535 PI 329 ORANGE COUNTY,NC 5 8 CONTRACTOR I5 RESPONSIBLE FOR REPAIRING ALL CONSTRUCTION DAMAGE EXPEDITIOUSLY AND ON ZING:RB ZONING:RB 13. 5 AT NO ADDITIONAL COST TO THE OWNER. �� € 14.CONTRACTOR SHALL FIELD STAKE LOCATIONS TIME SYSTEM COMPONENTS PRIOR TO IE PROVIDED. T EXISTING " IXISTING INVERTS SMALL BE VERIFIED AT THIS TIME TO ENSURE MINIMUM SLOPES ARE PROVIDED. I / CONDITIONS j 15.ALL DITCHES SHALL BE LINED WITH 4-FOOT WIDE LANDLOK 450 TRM(OR ENGINEER ALPPROVED EQUAL)CENTERED IN 3— / m GRAPHIC SCALE: 1"- 16.ALL SLOPES GREATER THAN 3:1 SHALL BE STABILIZED WITH SLOPE STABILIZATION MATTING. / / PROJECT NUMBER DRAWING NUMBER g CONSULT GEOTECHNICAL ENGINEER FOR SLOPE DESIGN. / / o so mo zoo 30o A55602.00 I C-101 57 NOTES 1. SEE C-101 FOR GENERAL NOTES p DNITRSITY OF NA PIN:911t 22945 UNIMERSITY OF NC ZDONIOII PC NG,RE 000 PIN.9118119322 EON°c:es 000 LEGEND PRE g'0,ROBEERT PROPERTY LINE Private i DB 52091PB9 R —n0 —ExSTIHG IrvDEx CO.— LODGE TRAIL(60'PUF3LIC R/W) „ a ZOrvwG RE EXISTING IHTIND GOHTOUR —N—PRovosco IINOEx co I CONTOUR NTEreMEOIATe ED ROAD •���� C`5 � � � � � � - cEHrERUNE ON PRO LEWIS MARGARET F o APPRp Yip 0 ' ry I N ; lP0 J EXISPIOS DDLOTPROPErett \ ° PIN:9/113315a j0 F p01N �IWRDETNL 5, eVo Ob1c SF SILT FENCE DB 321 PE 233 P�' ICgF Fi0» / �P ZONING:REDIRECTIO RAT DIBNRBAN T JEFFER MIT h0 y PNre 91111SE— OF CPADING/N IDS 6215 PC 165 ZONING:RE \ O FEARRINGTON RUFUS ELSE HE HRS \ / PIN 9111131150 OE 000 PB 000 I FEARRINOTON JOSEPH A ZONING:RE FEARRINGRON LUCY W \ PIN:9111131192 }A y q DB 1321 PB 230 / i \ ZIXJING:RB ' �P \ �u9O 1 ° ° FOREST M C 345 "n PIN:911)00911) Cl N GoN1 5 72 ae 3ae 1-11SIL—AREA a s,'AA _ F �. , ' \ n ,J. RENSIONS s 0 / DESCRIPTION FAR IS ALTON J %�"�[ \ o" E 1 02/13/20 PER ORANGE CO. 111032 a \` � � II FELTEN CATH RI011 1 RELOCATED DRY POND A B 4916 PB 51 \ ` A '�' PER ORANGE CO_ \ \ \ ZONING:RE °/ \ \ \ _ F fi916 M o m P N�9111001896NRELOCATE DRYPOND A DB 904 PRE 44 ZONING: B GER: PROJECENGNEER: Ap \ �. CHECKED BT \ OSM m o \\v DATE'. \ ARCH 26,2019 ; TATUM BEMERLY J FEA H q c`SfFv -.. s R-i E JOSEPH A ETAL O ZONNGG: E aW ` DB 994 PB 152 "�ae�,.5 2�\ // /gym N16 WHONDEN MARSHA \ --1 \ \ ABERER 04864 ZONING: B ry o>z a R 0 y PIN:91J1004864 "•.91'y'9lAw0 't..'4se R / DB 1305 RE 282 ,Aww„✓' _ A,' ZGJING. B w. p�Associates,T,iw� !� — eNmf a N h ..,.,.(X. ONNE L C. OM $ LowNcooD BA15Lr w _ CASCADE R I POINTE xa zisu10a LOANcOOD - s ` P 9 sn102140s DB 9R PB 242 _ __ RISVILLE, AROLNA 27660 \ / ZONING:RB L x u�o zi w J Lr[Is1a14sr-NORTH fatal alatst9 BROYHILL WILES \ a THE LODGES AT € I„ CHAPEL HILL - \ \ MILLER CA55 T 0 . MAC VA LESLEY 5 Q I I \ SMITH-MILLER CHERYL A \ MILLS WILLIAM A b PIN:9111011620 N:911Z001932 DB 4535 PE 229 \ec ae 52 zoewc:RE ORANGE COUNTY,NC w m 3 o \ x \ Y 7\` PROPOSED SITE B PLAN GRAPHIC SCALE: PROJECT NUM BER DRAWING NUMBER / / o so 1 20o O A55602.00 C-102 58 - -- ------ -- - NOTES 's ✓/ U 2 1. SEE C-101 FOR GENERAL NOTES. 2. MANNINGS n FOR WOODED LAND 0.60 8 �yC�fpC>CD pppCCCC p CCD pCCC pppDC>ppppC p C pCpp pC ppp pC LEGEND C >C>C D > D C D pp P ROPERTY ONE C CCCCC C EXISTING INDEX COwoUR > D C C C C ——— asrNG M CONTOUR CCCCCC —0—PROPOSED INDEX CONTOU R C C C C POOPOosE INTERMEDIATE > CN p opp pp s, C p C p D p> > > - CENTPosEN ROAD E SOIL MAP C�<. C C C C D C PROPOSED LOT LANE >p C ���p C>p p p p p p p p p p p IIIEXIS ING FINCEo, PROPERTY C D C D C C C D �- C C D C D DITCH/ DIRECTIOND D C C C C C C C C v C C C C C C C= c C C' Cm C $ E, D C p -- AM III Cl GRADING/ C p p C C C C C C 'D C^ DISTURBANCE C D C D D G / C D D D D D D :''-'_ - ________SHEET'LOW C C C C D I Y C C C C C v C C a C 'b- C C C C C f D C C C C C C C ".> C 1S" — — — SHALLOW CHANNEL ELOW C D C C C C - C C D C D C C C C C C C C C C C C ri C C C C C C C C D D p D p C C > D P C C D C C C C DC p D D C D C pb'"`-P "" C D C D C s, C 12 C C C C C C C C C Cam• '°"� HYDROLO > C Cc C C C 9 C C C C C" 6z=� °W C C GROUP A D D -6D D C p f> 4D��JZ_D D D D D D D D D D D D Dom.D D D C HYDROLOGIC SOIL C _ -� Q C C C -D- C C C C D C C C C C C;,D C C C C C C C C C C C C C GROUP B D ���3- v D D D D D D D --P D C D C D C D D D 'D -C C C p C p D D > D D C D D C C p> p D p p C I„ C,>C[> p C C[> p p C p p p p p p C D p[> .C.. C C ;D C C C C p C C C C C C C C C C, D- C D C > C C C C C D C D C C D C p C C C C C D C C D D> > p> pCpC�C-�pCpCpGpDpC�ppCpCpCpDp> RE-I E C C C C C p C p. p C>D>C°p C>C>D'p C>C C.C>p,C.p C p C C p C No. DATE DESGRIPTION D `> > D D D C C C Cm C C � .0 D C C C p 1 02/13/20 PER ORANGE CO. D D D D p D p D `D D p. G p D D D D 2 OB/D1/21 RELOCATED DRY POND A C > L�_ > C C C C D Cqo C p C C C C D- a 10/1/21 PER ORANGE co. C -S D r' C C C C C C C C p C q 11/21/21 RELOCATE DRY POND A — > C C. R'WA,w C D D C C D C p'�; C C — C C C 8 C C �5, C PROJECT MANAGER: PROJECT ENGINEER: PRE DEVELOPMENT LAND COVER p p `� °» p p p CNffrno C C D C �s'9,. D csM TAP LA- C p of D D D -9—'P°®+,° D D C P°ue1 ARiu cam)CNN taLAss ACRES an C C DRAWN BY cNECRGos�er: 2uNR CDND—R } 2 0.°�°D°° ) / C C C C D '6 C C C C C �5. DRNNm DRNNm /\ T.T H roTm s wccDED ,} WD°DfD }D C� CDMPACTfD° o,r ai °DNPACTEn DR o.°: a: TE C p C p C D D D " C C 201 wmulDiWArzR °.seWxruND/WArm 1aD C p p C D Eoh n MARCH 2G 9 € mPN.ET RDmroRWEWAY/RDcf D qa mPNmi RDmiDRNLWAYiRDDF ° D D D p D D > p D C D ° NN _.,-, "W. CpC p /b C C p Co , S-E°-1 RER»REo 1 WN°) WEIDH,EDXI � C C C C D C C C C>C � C CpC fry " o`0 8AR ra. .gq33 3 .} pC CpCpCD� CCpDCDD� >DCCpg-I sEAr• = enL 43 }6588 28"«':a.g C C C D > D > D C C C e '0 zatF' 04 az g 29Nr MIN }a HI y C C C C C C C C%p C o C - ';o.li1�/'k p ARE 111 ACRES -1Ac)CN E E^R�6e.REs �:(A�)CN p C>C p C p C p C p>p®C J/p p D p C C p C C C C •.v,,:w!x? p e IANDm(DDOD�con—)l LAND ic000 cox°moN)A° D N TU N 5 miAl f WmDED 3.t} }} WOODED R.va 55 Co__DI cDMPmiED Div D D, D D D UE� > D D C Do D ANDiWATER LAND RAT p > p p a°"� MacCONNELL Rw°roRMEWAYiRDDR oADiDRINEwAYiRooF . S. ,'P &Associates,P.C. I WE s I-E°(LAW,rs� AcE° 71(—NI) cnnY`xoRTTO IN TE LA xa zis i,m a-a, c WDDHim cN s� 8.oe§ WEICR,E)cN 81 I _039 ORRISVi.I.E.NORTHAROUNi°esio mD MIN P q1 q MIN IIIN.-\ mLA s ARi 1�)CN �E oa mREt . (.)DN oo11�00 oND ) Ro�1DOoo�NDmDro 11 -�. .° BROYHILL WILES °R-RIW.WAYi 01 RD.Di iDRNEWAY/EN01 I� I �� - 4 60 THE LODGES AT `FRAWNs) N (LAWNs) CHAPEL HILL - cP D D1 cPEN D a1 \/ / , °mgJ-Y..D.,,D C� .mDHiEo cN s. ama..14 D2 Cfs WEMN,ED cN / T 19=1'M kg= 'bfl� ORANGE COUNTY,NC 8 ° 1 vyqq �;c� / \ PRE-DEVELOPMENT 33 �! ° CF3 fT xor«ArzR S .4:s E DR wAYiRDDf J / / i MN ^`�\/ LAND COVER j ACE°wW*+s) GRAPHIC SCALE: 1'-100' \ m \ PROJECT NUMBER DRAWING NUMBER g / O sC 100 zoo aoO A55602.00 C-103 59 -- -- _ J NOTES o a SEE C 101 FOR GENERAL NOTES" 2 MANN NGS NFOR WOODED LAND-O.fiO. - __ -- £ MPERNOUS AREAS ARE ESTIMATES. E -- LOTS ARE LIMITED TO 4000 IF OF MPERNOUS AREA 6 LOTS ARE LIMITED TO A TOTAL OF 12,000 OF OF CLEARED AREA. Private 6, GRADE LOTS 3 THROUGH 10 TO 40DGL TRAIL(50'PUBLIC R/W} AREA DISCHARGE RUNOFF FROM IMPERVIWS y +Hxx€i Q �`, INTO DRY POND. " LEGEND Po 77 PROPERTY LEE no—EXISTING INDEX coNrouR _—— EXISTING INTND CONTOUR c. d �OH PROPOSED INDEX CONTOUR T P SOIL MAP ;� ro€ D bb bi t� e° 1`1 RROROSE INTERMEDIATE I :� .. b �leu° oorvroua b OPOSED ROAD _ GENTERLNE bi_ l b b PROPOSED LOT LINES 4 > Ex snnc ADz PROPERTY III FINGI HYDROLOGIC SOIL i� b C p;D,b D b�b b ©��D I� O.CH/aowORECOory GROUP A bb D D „�D D n — psis oFrvcRAD Nc/ HYDROLOGIC SOIL T - -- SHEETRFLOW p D' b ( — sHAuow CHANNEL Flow GROUP D D/ D P i b > '-�' - b b b b b b �P b , b b P b D '-D b > D D D D DI POHD 6r 1 _ /D I� -D > i CDnno AR.Iq{I,MND,I i LL> >/ b D D-- b b b D b b iC > D P D�b�7b ..pbb - >R bD'.:, A D POST—DEVELOPMENT LAND COVER > P �� b b D $D',.b �' I' D b P PRA MLI o�-o o.Dmo.1 R �01 wRRAxD/WATRR aa� /N b �' �o� b3 b �� G RENSIONS roA.iaoo< onmaNe+..mooF > G N0. DATE DESCRIPTON _ D R�� D D G D D� T 1 02 13 20 PER ORANGE CO. ROuro [ J' b b b ,b p b b 2 08/31/21 RELOCATED DRY POND A =PACK aw.51 (uwu51 > D D D D fy' D D p D / /oP o5 DI - o�,,. ���,. ,R:I.os,Cis wOCHTEo CM,o WEIBmFD 1u 5, Il b L > '..q P$ D. I�; l a ,a/23/ PER CATS D CO, anw � _ 4 11/23/21 RELOCATE DRY PIXJD A g�e € g 5 € e�h ��-b b\D D�Q b 3-a_y _ b PROJECT MANAGER: PROJECT ENGINEER: Aar,s5 i,:,i3 M n ORN r 2„MI. a m b ". D - b 6 b,n: D D csM TAP w10�XMCD couomoro.a uo(Doll—DTNHI e -> DRAWN/T CHECKED er: wERA.D/wATEa aoAn —D/WATER au.o JOH/TAP GSM 0 aoAD/D AriRooF oAO/DR AT�oF b D b--b D D b - b�,D ,� b ARGN 2G.2o1G D(wNs) > D D D b D D (y Dom o„e, ljl „ b b> s`-�5 b f�. b IR & 3 �- §8€€ a�3 r'T P'3I$€€§ e N Pto s xRO ! bl7 ? N EDDRAINAME 1 Xl, I.No(000D C0NDm0ro c POD o T ) 22 wEIIAnD/wATEN Row PHP/WAMR / / D-�b .MA q�w•P. tom 0 .2 o0M 0 82 ' o t00 WET 0 l00 AII—T RDAD/DRNEr,AY/RDDR D Da �PN,LT RD.D/Dl—AY/RDBR 0 P, _ _ MacCONNELL 0 '1 °EE°(I—) w°D ED °EED,IAwuS, W�mTD L _ _ _ _ &Associates,P.C. D,3.D� GAUADER°NTE qNE aDITE,D2 P 34€R a� OAR~NORTH CAROL NA zT5,2 A Ira,3°z'€R 4 )Z: 3€ --. RM-1.E I. 21560 % T�5T5 Mn D_ e T�:,,.o MI. � � -C-1.1R MEi(51e)a0T"i n:NHIR210-0510 �,n c.(.)C Ate,(Am C ASR6 AR n TOT . w,O(DODO'0 .0,) 004 DD Wo c Dmo.1 0,2 55 € cOMPActcO OH,ROAD o ez co.PurEO OaT aOAO . g wE„A.D/WA,ER o.21 ,00 WETu.o/wATER o 0o I I \ BROYHILL WILES s ASPHALT aoAD/DaNLWA./ROOK ,21 0. ASPN.LT aan/DRNLWA./a0oa o,o A. ARE BROD.D o T, aaE oaoD.D ACE aw.51 ACE aWUS1I� THE LODGES AT € - °`� "°`"Tm - '� W"`""° / I CHAPEL HILL g 8s3dT s�`iS T "r a IOII D� y _ - ENT16 AO,D.o(OOOD c....iO.. D ORANGE COUNTY,NC 5 " 3C a.D/W�TEa ROAD / / € % zs-.a POST-DEVELOPMENT " u�=*.�° �gg�€R AWcE(uwnsl LAND COVER kR_ GRAPHIC SCALE: 1"-100' PROJECT EIR o so ,00 zoo 300 A55602.00 DRAG 104 ER 60 NOTES 's 1. SEE SHEET C-101 FOR GENERAL NOTES. p �- 2. DRIVEWAY CULVLVERTS SHALL BE MINIMUM 8 18"RCP AT SLOPE. GRADE LOTS 3 THROUGH 10 TO II/ DISCHARGE RUNOFF FROM IMPERNOUS U AREA INTO DRY POND B. PIN:NIVERSITY 9]]t22945 NC UNIVERSITY OF NC DB D00 PB Coo PIN:9]]8119322 ZONING:RB '.D RR Coo - LEGEND PRE 9]o�ROBERT PROPERTY LINE Private ¢ DB 52091PB9266 0 IXIS NC MDE%CONOUR LODGE TRAIL(60'PUBLIC R/W) ZONING:IRS ____E%IIFNG INTMO CONTOUR Q K3'0 ____ --------H10—PROPOSED I.—CONTOU PROPOSED CONTOUR INTERMEDIATE x 0212Y.*w 1 36 , yf. PROPOSED ROAD ° - NE p0�1R G I ry ry ROPp J PROPOSED LOT LINES EXI- pEW15 MARGARET F m PPP OOD V/ �IWRGGTNL S.D tpMGGI sLrTING A..PROPERTY IN:92]13315a Fl N DE 1321 PB 233 P� NSEE -101) J -,loll �M ZONING:RB re TCH/FLO W DIRECTION P N 9]]]10296 RATi JEFFERa Y _. UMITURRA CEADING/ OB N 165 ONING.INS 16 RCP CULVERT Z E O FEARRINGTON RUFUS EUGENE HIS \ PIN:9]])131]50 REARRINGTON JOSEPH A "'DB 000 PB Coo FEARRINGTON LUCY W \ \/ ZONING:RB PIN:9JJJ131192 ON \ I DB 1321 PB Z. Ty \ ° °$ — i \ ZONING:RE ° 1 ( `N �'9 FOREST M GREGOR DO PIN:15)2 777 IRS 777 3 6 ss.st ZONING:RB L = La GGN RI90Dx0�E" ON DJ m RENSIONS \ ° c N0. DATE DESCRIPTION — HARRIS ALTON J "�[ \ �NNc \ 41 FELTEN E 1 02/13/20 PER ORANGE CO. I\ t FELLEN CATH R PIN:9]]]038032 a�° TD p 2 08/31/21 RELOCATED DRY POND A DR 4916 PB 57 ^N� Ir ANNE 3 10/1/21 PER ORANGE CO. \ \ \ ZONING:RE \ F fig]5 PIl�L9]]]00]896N DB 904 PB 44 4 11/23/21 RELOCATE DRY POND A / \� ` R,(✓ �o O \ ZONING'.RE PROJECT MANAGER: PROJE TT PENGINEER: DRAWN BY: CHEcxED BY: \ o l JDH/TAP OEM m u a m \ < V \ DATE. c� � \ a� '�.• � \ �� '�� ARCH 26.2019 \ H > R -�. r�. �—.—i / �� ..N..... .. •- ptN CAR i S TAIUM BEVERLY J PIARINITOI q�Sl , "< •. PHNI JOSEPH A ETAL /� m 1065 2EQApLg ZCN NOG:RB O00 DB 994]PB 152 "<ae�,.5 - _ '1 - / \ \ ry 1Z3/Z apj%OZ \/ / HABERERMLYNOA p \ZONING.RB / ry o>z E szN PIN.9777004864 DB 1305 PB 262 ZIXJI30 REMacCO - - ELL &A soocia s,P.C. $ / LowNcooD BILLY rYw _ I I cARr xoR IxA z]51a / LOANN oD - -. s \ R 9 PIN sn]D21 ao6 DB 9]4 PB RSVILLE, pROMNp 27550 \ / ZONING:RB L N u10 zi w J L— -— -——-- 990 N—A—ME 191a145T-xaa Fazre151a19t51D — 101.5u BROYHILL WILES \ ° THE LODGES AT t I�. CHAPEL HILL - \ MILLER CASS T . MACLEOD LESLEY 5 SMITI-MILLER CHERYL A o \ MILLS WILLIAM A d £ I \ PIN:9777DI 1620 PIN:9]Z]001932 r DB 204 PB 520 0^ IDS 4535 PB 229 RB \ zoxwc:RB ORANGE COUNTY,NC e 7�t y STORMWATER PLAN _/\—/ GRAPHIC SCALE: -100' m PROJECT NUMBER I DRAWING NUMBER g / / / 0 50 1 zDo 0 A55602.00 C-105 61 NOTES 's 1. SEE SHEET C-101 FOR GENERAL NOTES p �- 2. ALL SIN FENCING SHALL BE COMBINATION 8 SILT FENCE AND TREE PROTECTION / FENCING. 3, INSTALL FREE PROTECTION FENCING ALONG DISTURBANCE AREAS THAT DO NOT HAVE COMBINATION FENCING, UNIVERSITY OF NC 4. AREA OF DISTURBANCE-11,14 AC PIN:9]]t 22945 B ONc RE OG PC 000 UNIVERSITY OF NC ZONING, 5. A PREC—I TE PRIOR CONFERENCE SHALL PIN:9JJ6119322 D OCCUR gJSITE PRIOR TO ANY LAND DB Go PB 000 EE vRortcnon rt DISTURBANCE. ZONING:RE - ---_ uolxc`nu smFwsLo[s rvc[ rvs Au rvSTu>_smAw wnrn[s Acoxc Oicx 6. PERIMETER EROSION CONTROLS ARE TO (corv1 R1—1 LT EErvcE OUT ET AT oTc ATT. PRESTON ROBERT BE INSTALLED M)TH MINIMAL LAND 'A' copmQ usnxc� _ PN9]T/10608 DISTURBANCE Lr EErvcE a DB 5209 PB9266 A (conrw9unxcN ¢ J. SKIMMER BASIN IS REQUIRED TO BE FULLY Ar wrcx oun'nuLODG TRAIL(60'.M Ce 6A+'D 1B AC) ZONING:RE FUNCTONAL PRIOR TO MASS GRADING. _ �xl —� Y�II � / f LEGEND 41 PROPERTY LINE -T TT:NTB 1����\� 1�f `RE TUL,a<o-10,m,xiOHI I I \ a —Exlmnc INTMo conrouR ROY1R cola B mE R �Q Arn�RS^ - �OP 110—PROPOSED INDEX CONTOUR A u° o[TAIL of o-101 PEWS MARGARET F n rtxcE EE AT CTrloIN ry DILALL APP Y�' FIBER D,B) l IA ,A»�A: R TG :Lone iuAS D ado[ P 0��OU CEMPE�R ErvERO D :9]2133154 100FI o I g 0 \\ ONiPOURD rv1ERMEDIATE OB 1321 PB 233 P ��" / ZONING RD - N \ \\ \\ , GONING:A A JEFFERT PIN'RR 9]JJ1 D2964 _ CB 6215 PB 165 PROPOSED LOT LINES u i ZONING:RR EXISO FEARRINGTON RUFUS Sll 1G A. PROPERtt EUGENE HRS SILT FENCE PIN:9]JJ131]50LN DE 000 PB 000 I REARRINGTON JOSEPH A ryryII b DITCH/FLOW DIRECTION \j\ ZONING:RB FEARRINGTON LUCY W uTrnu r0 9» FErvttBAS1 ' °� n _. UNITS OF GRADING/ PIN:9777131192 _ DB 1321 PB 230 DISNRBANCE ZONING:RB sLT FENCE o r DILI ION ? Icr Oz ? h may —L FOREST M GREGOR % TREE PROTECTION FENCE (corvlRlBu qc) (c rRFe ;1p PIN:9JJJ009JJJ \l nry xu, ou0�� nc) I DD ING?RB 346 —\ J (cSwmFB 3 IF 01— orvrvs„ ND1T GF(vERFulAILS o o � ' J 09B ? Da�4 ALL IIL 9x AT BABIry x IxME o p >R EID.—IT6Er DETAIL,0 9-1 Ma\LIrvL �n M I Q31 ` 1LT FUrvIE 011ET l \ 9 RlBxnnO AREa �. �o oX iTAA�s05 P(^� lII RENSIONE conml nry AREA,xrxsOSAD �, C 4 m { N0. DATE DESCRIPTION HAR IS IMR eurti (p FELIEN JOHNFELTEEJ 1 02/13/20 PER ORANGE CO. PIN:9JJJ038032 DFB(ttv CAIH R 2 06/31/21 RELOCATED DRY POND A DB 4916 PB 57 ANNEN 3 10/1/21 PER ORANGE CO. ZONING:RE SL F M PIN,9J]]00-6N 4 11/21/21 RELOCATE DRY POND A \ \ \ (OrvrmlBunD ID 'o —9J5 DB 904 PB 44 o ) ` ZON NG'.RE PROJECT MANAGER: PROJECT ENGINEER: IE, e T GSM TAP \ m®®® n ^ rvouew*rvo n[A: DRAWN BY: CHECKED BY: --"- ^ rvsiau xA rvc f J A) JDH/TAP GSM -( G aR - ALcxc Oic o` s ATE - A 4 )T.NT MIT( MARCH 26 2019 2 A T (-T me Unrvc TANM BEVERLY J FEARI F�Sl r rfxcL owTliT JOSEPH A ETAL (corvmI TND AREA: DEDP. PIN:9Tl]03881 �' - o.De Ac) d' BOWOEN M YNDA a��QgB�LB ZON NOG:RB OW DB994]PB 152 ry ZUNING:RE PINB 7004864 e sLT r[ncB ou„iT DB 1305 PB =1 ���� (cOrvmleVnxc u<EA:- ZONING:RB ' — P� X C.AD) MacCONNELL — - - f n05 &Associates,P.C.� «��axnn � ICASCAD LOVINGGGD BIALILLTYW SILT TEx ! E00 CARY,M pRROINTE B A RJ51J PIN NGGGD L ION DB 99J40P84242 LT FExcE AREA (cOrvmlBOnxOCU - E RISVILLE, AROMNA 2J550 \ / ZONING:RB o.ae1ac)unauRE A I ocasuAl) Oc 9 MEL(919)46]-233 TFAX 0 9)3194510 G OSBROYHILL9WILES \ D THE LODGES AT t I�. CHAPEL HILL \ MILLER CASS T MACLEOD LESLEY 5 SMITI-MILLER CHERYL A MILLS WIILIAM A £ I \ PIN:9]]J011620 PIN:9J]]001932 OB 204 PB 520 0^ OB 4535 PB 229 zoewGl RB \ ZONING:IRS ORANGE COUNTY,NC \ \/ SEDIMENTATION AND / EROSION CONTROL PLAN / GRAPHIC SCALE: 10 PROJECT NUMBER I DRAWING NUMBER 8 / / / 0 so 1 zoo 0 A55602.00 C-106 62 \ NOTES o 1 \ 1. SEE SHEET C-101 FOR GENERAL NOTES. p \ g 300 u I �1 B o P — 00 LEGEND 0 - -— �—- t" PROPERTY LINE }—�—�— ,_ 110 IXSTINC NDE%CONTOUR START GUARDRAIL$TA.6+68.16 ————EXISTING INTIAD CONTOUR _ t 0 10—PROPOSED NTERMEO ATE. J � PROPOSED 1 _ _ 00 YEAR FL OOPLAN CONTOUR GRAPHIC SCALE: 1'-30' CENTERLINE PROPOSED LOT ONES LODGE TRAIL PLAN O 15 30 so 9D EXISTING A..PROPERTY c.+m r=so• SR SILT FENCE RCH/ao DIRECTION UMITS OF GRADING/ TURBANCE PM STA:2+68.50 PM ELEV:385.23 K:231.64 LVC:150.00 GRADE BREAK STA=0—OD ELEV= 394.941 PM'TA I+ Go PVI SEA:4+26.03 PM STA:5+72.55 PM STA:]+94.5J REMSIONS PVI ELEM 368.11 + PI ELEV:383.55 PM ELEV:381.97 PM ELEV:37 2.03 N0. DATE4—CAMBRY IPTION K:20.52 `5'm N:8293.07 K:20.14 42.]8 1 02/13/20 CO. LVC:105.30 LVC:150.00 LVC:EBA3 LVC:15000 2 08/31/21 Y POND A 10/1/21 CO. o M o 4 11/21/21 POND A PROJECTMANAGER: ENGINEER: P DRAWN BY CHECKED BY: -00 JDH/TAP GSM DA E. MARCH 26.2019 m Co PROPOSED GRADE 390 / �E6gA6�LGR � \ —Tn •�s�`!.MNRyg�:' ��H Asa MN �e6 A.Poi Ix MacCONNELL 3a Sao &Associates,P.C. s CASCADE R ":z°zE,66 E% RADE 6x RISVILLE: ARDMNA n560 \ OEN6E � E�re,61,6,-�° GAA:re,916,6�6,6 ' BROYHILL WILES 3737o THE LODGES AT € CHAPEL HILL - s � 3s 3so ORANGE COUNTY,NC e —0+50 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 LODGE TRAIL PLAN AND PROFILE 1 d LODGE TRAIL PROFILE XORQONTAL SCALE,•=30';VERTICAL SCALE,"=6• PROJECT NUMBER DRAWING NUMBER g A55602.00 C-107 63 i NOTES 's I 1. SEE SHEET C-101 FOR GENERAL NOTES. sG -- LEGEND — — PROPER,Y LINE 'END GUARDRAIL STA,11+96A1 LODGE TRAIL ' i 110 EXISTING NDE%CONTOUR 60'R/W re ANsro /_ ——— EXISTING NTMD CGNTGUR i � , �I10—PROPOSED NDE%CONTOUR 100-TEAR FLOODPLAIN \. I INTERMEDIATE CONTOURD SO PROPOSED ROAD E PROPOSED LOT UNES LODGE TRAIL PLAN EXISTING AO,.PROPERTY a,oe r=so• sF III FENCE NCH/ao DIRECTION UTS OF GRADING/MI PHIRBANCE PVI STA:15+26.59 PA EL EV:383,53 K 21,25 LVC:150.00 h� PVI STA:7+94.57 PA STA:11+10.51 PVI STA:16+82.85 PA EL EV:372.03 PV1 ELEV:368.96 P ELF V:400.03 42.78 K:33.53 K:67.93 LVC:1— LVC:150,00 L1 150 10 ,^N LOW Pr.STA:10+6BOR RE-IONS LOW PT EL-369.53 ^y N0. DATE DESCRIPTION _ 1 02/13/20 PER ORANGE CO. wm i 2 OB/31/21 RELOCATED DRY POND A 3 10/1/21 PER ORANGE CO. +�m W 00 4 11/21/21 RELOCATE DRY POND A PROJECT MANAGER: PROJECT ENGINEER: M P DRAWN BT: CHECKED BY: JDH/TAP GSM DATE'. MARCH 26.2019 € 39 390 .., � „N s o 8 / I2 T66a _ l)5 aEAL 38 380 MacCONNELL 50 j & CASCAD Associates, sx . / r 370 cexsE Asso ciazt:�N tsa,l aPtat. s C. . SUITE t GARY NOR 27513 x: RISVILE:zaaARO INA 27560 -097% 6n 37 ROPo6Eo GRADE / BROYHILL WILES E%IS ING GRADE / / ✓ THE LODGES AT € 36360 CHAPEL HILL - s 35 355 ORANGE COUNTY,NC e 7+75 8+00 9+00 10+00 11+00 12+00 13 00 14+00 15+00 16+00 16+25 LODGE TRAIL PLAN AND PROFILE 2 d LODGE TRAIL PROFILE _ C108 XOR—N-L SCALE,•=80';VERTICAL SCALE,"=6• PROJECTNUMBER DRAWING NUMBER g A55602.00 C-108 64 -- NOTES 's -- �� 1. SEE SHEET c-101 FOR GENERAL NOTES. 100.STREAM BUFFER —� Po i y0• — re* , o z I LEGEND �� �� 30 CONCRETE i — PROPERtt NE D 101 a CRAP LE 1' 30 110 IXBRNC NDELI%COMOUR 0 ER __ CONTOUR o �� �, T_ q 90 —11a—PROPOsODN N—D.Nff— O INTERMEDIATE LODGE TRAIL PLAN CONTOUR C109 1"•30' GP=ROAU PVI STA:15,26.59 P.E. 23+A- PROPOSEDLOT MNES PVI EL EV:383.53 PVI ELEV:457.88 K:21.25 K:47.DO EXISTING ADJ.PROPERtt VC:150.0 LVC:150.00 SF SILT FENCE CH/RO DIRECTION OMITS OF GRADING/ w DISTURBANCE 47 - 70 PVI SETLEV:16400.II N:87.93 LVC:150.00 PI OPOSI D GRADE 46 / 60 %ISR G GRADE l 45 50 / REVISIONS NO. DATE DESCRIPTION / 1 02/13/20 PER ORANGE CO. / 2 OB/31/21 RELOCATED DRY POND A / 3 10/1/21 PER ORANGE CO. 4 11/23/21 RELOCATE DRY POND A 44 40 PROJECT MANAGER: PROJECT ENGINEER: GSM P DRAWN BY: CHECKED BY: JDH/TAP GSM DATE. / MARCH 26,2019 43 We/ 30 ..N..... " oSo'BARo s x / e 42 20 M MacCONNELL &Associates,P.C. I CASCADE POINTE LANE,SUITE ISO / GEN,E FIS LER AROLIN TORK E ISHII)6 4 019131-119 € a1 0 g / BROYHILL WILES e / THE LODGES AT € CHAPEL HILL - 40 / 00 a / ORANGE COUNTY,NC 5 s e 39 390 LODGE TRAIL PLAN AND PROFILE 3 i 385+7516+00 17+00 18+00 19+00 20 00 21+00 22+00 23 00 24+002a 258 1 LODGE TRAIL PROFILE PROJECT NUMBER DRAWING NUMBER 6 C-109 NORQONTALSCALEI"•30%VERTICAL SCALE 1"•S' A55602.00 I C-109 65 NOTESLLJ 's - — _� 1. SEE SHEET C-101 FOR GENERAL NOTES. �\ ODE TRAIL oG \\ �// \ LEGEND G L Sew PROPERTY ONE EXISTING N—CONTOUR ——— ME—NTMD coxrouR G 1 —,O—PROPoseO PROPos6O NOB%cINTGUR / 1 NTERMEO ATE � i 1 ` • PROPOSEDROAD / \` - CEN1ER EILA GRAPHI Po SCALE: 1"-30' PROSEDED LOT UNES EXISTING A01.PROPERTY e 0 15 30 60 90 �. SF 6 Li FENCE DDGH/aoW DIRECTION LIMITS OF GRADING/ DISTURBANCE ��LODGE TRAIL PLAN ano �^=so• PA STA:23+36,25 PVT STA:25+98,61 PM STA:30+00.00 PA STA:31+97.93 PM K47.66788 PM KE1 5.51 9.36 PA KL 288.94.42 PM KLE80.452.05 LVC:150.00 LVC:66,91 LVC:172.58 LVC:98.62 N HIGH PT.STA:30+31.77 HIGH PT ELEV:502.31 REVISIONS vi N vi NO. DATE DESCRIPTION m 1 02/13/20 PER ORANGE CO. 51 CT W 10 2 OB/31/21 RELOCATED DRY POND A 3 10/1/21 PER ORANGE CO. 4 11/23/21 RELOCATE DRY POND A PROJECT MANAGER: PROJECT ENGINEER: PROPOSED GRADE / GSM TAP 0 41R -019R DRAWN BY: CHECKED BY: JDH/TAP GSM 50 00 DATE / MARCH 26,2019 EXISTING GRADE N SH CARo 2 9 ` o azEeA6L� MacCONNELL / &Associates,P.C. NA � 48 �'• �� K: 250 � 80 0 BOX PA STA: 1 L:R19lsVIUE.� A noM]A n65 1909 ELE 13142 w E ,91 ] A%99)N,8 LVC 33.78 / BROYHILL WILES 47 THE LODGES AT / CHAPEL HILL - s ORANGE COUNTY,NC 5 s a � 46 60 LODGE TRAIL PLAN 45 55 AND PROFILE 4 € 23+7524+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 32+25 LODGE TRAIL PROFILE PROJECT NUMBER DRAWING NUMBER 3 F110 xORQONTALSC 1-130%VERTICAL SCALE 1'-6- A556O2.00 C-110 66 /- T, NOTES s / / 1. SEE SHEET c-101 FOR GENERAL No1Es. T t p0 \\\ \ i' L�� W v �A YV T 6p' RL LEGEND PROPER.DNE \ \ 1 \ 110 EXISTING INDE%CONTOUR \ \\ 1 EXISTING INThID CONTOUR —10—PROPOSED INDEX CONTOUR RROPos o N CONTOUR INTERMEDIATE /' \ — CEMERPROPOSENERCP➢ PROPosED LOT DOES Ex6TNO A..PROPERTY III FINCE sr UNCH/aow DIRECTION J \ GRAPHIC SCALE 30 60 / \ �1 LODGE TRAIL PLAN cn11 r=3o PA STA:36+78.73 PN ELEV:502.05 pVl ELEV:465,24 K:80.45 K:27.81 98.62 LVC:22-9 �o 51 m 10 REV1510N5 NO. DATE DESCRIPTION 1 02/13/20 PER ORANGE CO. 2 0./11/21 RELOCATED DRY POND A J 3 10/1/21 PER ORANGE CO. 11/21/21 RELOCATE DRY POND A 50 00 PROJECT MANAGER: PROJECT ENGINEER: GSM TAP \ DRAWN BY: CHECKED BY: \ \ JDH/TAP GSM DATE'. MARCH 26,2019 49 490 ..N..... „ SH CAq 3 D T�059 = 0 09EAL C PR)POIED GRADE 18TNG GRADE IY 48 \ ao MacCONNELL \ &Associates,P.C. sI GAR. T513 \ \ GEN9E GASGxoR xp6BRE,03 PI STA:33+42.6} \ EL:1919145T-233 A IT1911ZOUN19451D e 47 K:2C.92 \ 70 Lvc:186.93 BROYHILL WILES -- - ----- p> THE LODGES AT CHAPEL HILL - - 4611 466 s � \ ORANGE COUNTY,NC 5 s a LODGE TRAIL PLAN 45 50 AND PROFILE 5 j 31+75 32+00 33+00 34 00 35+00 36 00 37+00 38+00 39+00 40+00 40+25 1 LODGE TRAIL PROFILE PROJECT NUMBER ORAWNG NuuBER 6 C-111 HORQONTALSC 1-130%VERTICAL SCALE 1"-6- A556O2.00 C-111 67 NOTES NO E: PROPOSED GUARDRAILS I. SIDE SLOPE SEEDING MIXTURES WILL BE o NOT TO SCALE DESIGNED FOR STEEP SLOPES WILL THAN SIDE WITH LOW SIDE SILOPES SS THEN 3.1 WILL BE REINFORCED WITH TURF REINFORCEMENT J MA 38 1 1 1 380 M PROPOSED GUARD AILS FROM STATOM 6168.16 0 11+84.01 0 �0� 500-TR WSE=368.60-FT SCALE:1"=40' 37 370 100-TR WSE=366.20-FT PROPOSED GRACE j i EDGE OF PAVEMENT 36 � 360 I I EXIST NO GROUND EDGE OF SHOULDER UM A CULVERT BURIED iA N APPRO TE r 0.40 ACRES n OF WETLAND DISTURBED 350 8+00 J00 10+00 11+00 12+00 13+00 wi PROPOSED GUARDRAILS FROM }C STATION t6+68.17 TO t11+66.01 Station I 1 PROFILE VIEW REVISIgJS N0. DALE DESCRIRICH 02/'Z/ZO PER ORANGE CO. 2 PEI/2, RELOCATED ORT POND A PROPOSED GUARDRAILS 3 10/1/21 PER ORANGE CO. &K,NGWALL6 NOT TO SCALE =� N PROJECT MANAGER: PROJECT ENGINEER: PRoaoseD 23-o•x6 Bc �° CULVERT CROSS SECTION GSM TaP DRAWN Br: cHEc%ED Br: ti JDHVTAP GSM ZONE 2 TOTAL IMPACTS: ZONE,TOTAL IMPACTS: {,_ 5,009 SF 2,96E SF --- DATE: \ / 60' MARCH 26,2019 RIP RAP M \ 31.5' ..H.. •. (gon AROi380,�� R/W: '�° a„ C CL STA 3,0+68 2• T�TT%i"•T• CROWN ELEVATION 5369.6' MaeCONNELL I PROPOSED GUARDRAIL P_Associates,P.C. CABCAOE nst�l• 370' r/PT "T r/FT r'/P sn,RRIA N.LN�R0°, ao INA nsco I W,NGWALL. T1P, L5:1 1.5: EL:19ts14eTn139 FAX late131xss,o 4 1' BROYHILL WILES CULVERT BURIED 1 F00 a THE LODGES AT I 360' ��HEADWALL E CREEK CHAPEL HILL - CL GROUND ELEVATION=2359.0' _ I SLOPE=1.02 EXISTING GROUND d ORANGE COUNTY,NC s # I 350' STREAM CROSSING £ IPLAN VIEW —30' —20' —10' 0 10' 20' 30' PLAN AND PROFILE o PROJECT NUMBER T DRAWING NUMBER g ' A55602.00 I C-112 68 NOTES 's 1. SEE SHEET C-101 FOR GENERAL NOTES. p �+ L A UN-9T OF No � a P N 972122945 _ INNERS f�' ` UP 000 PB 000 PIN: 81193 95r� ZONNG,RB zoN�ea es Co o --"'� •� � _ LEGEND i 100 YE AR EFFECTIVE FLOODPLAIN PRESTON ROBERT PROPERTY LNE - O ` P N 9]221069 DB 110 EXISTING INDEX CONTOUR 1 DB 5209 PB 266 — ZON NG:RB ____IXSHNG INING CONTOUR �I10—PROPOSED INDEX CONTOUR n OPROPoURED INTERMEDIATE O�ENIERLINEP➢ W A CRO PROPOSED LOT ONES LEWIS MARGARET FRK ' / S��P EXISTING ADJ.PROPERTY PIN_922133154j,K r gUH Ob1\ SF SILT FENCE DB 1321 PB 233 PR\GE C �P ZONING:GO ` g' TCH/FLO 100-1E11 EXISTING FLOODPLAIN P ARRATT—ILE Y UMIIUREBA REII Cl ADING/N 500-TEAR PROPOSED FLOODPLAIN a S N CT a99-i'EAR-PRBPOS<6-�MOOPLA OB 6215 PB ZONING RB 165 100-YEARDI. FFENE FLOODPWN 100-TEA1 EXISTING FLFLOOD" FEARRINGTON RUFUS Ln $ 5 0 YEAR PROPOSED ROODPWI EUGENE IRS I 7. O 100-TEAR PROPOSED FLOOOWAVN DE BOB�PB100D Ln TON JOSEPH A O °i IT 00-YEAR PROPOSED FLWOP \U\ ZONING:RB (9 `'AR J1311192UCY W P __ /JE PB FOREST M GREGOR N PIN:9777009777 (y DB 1572 PC 346 ZON V ING:IRS RENSIONS / ' 0 N0. DATE DESCRIPTION n . E 1 02/13/20 PER ORANGE CO. HARRIS FELIEN JOHN J PIN:9777 "O FELTEN CATH RI 2 08/31/21 RELOCATED DRY POND A DB 4916 P ;Z ANNE N 3 10/1/21 PER ORANGE Co. \ \ \ ZONING:RB I PiftRo))OOJ896 BE DB 97 PB 44 4 11/23/21 RELOCATE DRY POND A ZONING'.RB PROJECT MANAGER: PROJECT ENGINEER: TAP DRAWN BY CHECKED BY: O ' LAP— GSM / � y � � a° DALE. i� MARCH 26.2019 \ N 11 .. �F9 N .,': o So eAR i M PTATDM A 9TIB03408Y J / FEA _ _ +n _ JOSEPH T059 aEAL DB D00 PB 000 977 0246- >� < > NG.EN MARSHA - S�/Z �Z� ZONING:RB ` DB 994 PB 152 HASERER LYNDA J I \� PIN:9777004864 MR Lo,• A,p� ZONNG:RB / DB 1305 PB 282 N a � M zoNlNc.RB ,."• N MacCONNELL — — — &Associates,P.C. NTE LANE, 9 LONNGOOD,L 5o CARY110 NORBOX INA 2T51J D 92TT BNINGP8 RSVIUUU AROLMA 27550 \ / N :RB �A n, -- _ 9 MEL:1919145T-12�9—019151-110 OSBROYHILL WILES V N�y� THE LODGES AT t N O I-.�� o CHAPEL HILL - .r� MILLER CASS T� . MACLEOD LESLEY S T�+ SMITH-MILLER CHERYL A o \ MILLS NLLIAM A £ I I PIN:9)))011620 PIN:9222001932 r UB 204 52 PB o^ DB 4535 PB 229 zoNwcl RB \ zowNc RB ORANGE COUNTY,NC 8 / FLOODPLAIN MAP � 10 d / GRAPHIC SCALE: / 0 \ 1 0 50 t 200 O PROJECT NUMBER DRAWING NUMBER g A55602.00 C-113 69 SEEDING SPECIFICATIONS CONSTRUCTION SCHEDULE NOTES 1. IFIVI&SO11 PORMANENT 11 FORP ALL ASEAS I ­1INSTRU THE-1 NET­ - -TE 1..THE 1111 TIIEN 1. SEE C-101 FOR&L GENERAL NOTES. FDIC Al_ -C "'1, TUISCRACT ISSIND TEM1I171Er:"S=EMEN"F'O-THOSE EAS D=RT8,EDFI CON-C- 1 &AsONS - ,�NPU ON DRAWINGS AND E ENGINEER. 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MA UE.- LD I OE/31/21 RELOCATED DRY POND A cnc _2 �ETUUNT I D�7 14- p_.T.1"_T7_ MIRIDUAL SINGLE FAMILY 1./1/21 PER ORANGE CO, 47 1, AR11 uME ACCORDING TO THE SOIL 7ESTE OR AT A RATE OF..INA/­BEFORE SEETIMS, III FENCE-1 N.CONSTRU­ PROJECT MANAGER: PROJECTTAR711INEER GSM I APPI NUALLSER ACCORDINGTO THE ILL TESTSOR AT A RATE IF—11, RUALMAY DRAWN BY: CHECKED BY: 1. 1 P"1EE_1.1E1 IRTH THE 1PICTED SEED MOTURE AT THE 111FE1 DUE 11 THE ISCIMMEIDED Cw MI H12P_ GSM 1. APPLY ItILM.f BE 17 4 1 S.IUNADN AN I RE `EU'­0"!`-'1M­ MI 2C19 1HUR.1.A N1 I PRODU T ACCORING TO THE DATIONS AN.ANCHOR AI STEEL NARP'I R,SIARLF�ANUPACTURE­RECOM­ 1;%U.,S,�%M...ALL DAMADED.BARE.AND TARU 1, I11EAUMI1 III IED 11 ISCSTM 11 111 1ULY SDEIUITE AS DETERMINED IT THE ENIRNEUR. FE-S ED TEMPORARY SILT FENCE OUTLET NSTRUCTION ENTRANCE 0 ERODED aR_IN MEDMTSLI AND UNIL A SU TABLE C SIR NT !ir. 1 APPI UNIT ACLOINI I THE SU11 IENTS 01 AT A RATE 11 211 BEFORE ISE-, I-.SALE A. 2-1� - 1�� I. APPI NFFIL2R ACCORDING I THE ROIL IF-OR AT A FOR of 1-PE/- (I PERJJ S, ­.THE EUED ED IAN THE AIRECTIED SEEM MITRE AT THE SPE.-RATE FOR THE RECOMMENDED_NC SEAC. �ML1,QAL TO BE DETININNED 1.THE CM&_U'1fTH­T SE%ETANCHVi/`WZ�MIUFS M."S"'.-K OPPMITER EIw 2 1 MacCONNELL E PRODUCT .7�row,-O�Toll -1�1 .DO F THr W�Dl.I.THE-M-­RECCN­AND ANCHOR SUN ETSEI H.NII­ARE Dr ro ALE mTGRgE MR.AFT &Associates,P.C. ST S STAUTUE I CNUMCANE POINTE­E,SUITE 101 11 1-IS NOT 11- AS DEFFIRRNE)AI`THE ENTINE.. RE-SEET. 1, =1 TENIUNAI CARI 11 P71 BAR UNA 27513 U E 0 0;0 IS MN.H ALL CAMANED,SAFE,AND EBODED AREAE­AND UNTS,A DII-I C­ -C OR CONCRETE ACHOUL FAIEL��7,SEH L AND E NIRIIN CA= METAL STAS RE,_, (2 1.EAL %.THE 1, WHERE A NEAT­-eE IS DESIRED...I SEACS, C INCREASE ROBE I.AD L.S,/.. DR..I'-ROI MKIN. AA HILES.­REEC =L4L DITURBANCE CAUSED SY-REM-OF THE TBORP.PARI CONCRETE AASHOLT I SOL ANE=� I�PULI I E ANI"UIE'ACCIAD"U/.1 1T '1 R. ­'UT%��8F,N�­UCI RED. BROYHILL WILES S./. 'TNT L. NE. _D LIS _In _.I AN , ED TO IONT N It 14�1 11 ,z 3 SEED THE SEED BED IANH THE SIETTRED IEE).111RE AT THE S­�-UND RUMENDEN I LT=7- I 1­.A.Ayl; M -I_, E IR-E AM—I&XIGR STIER WMATZESEDOXMAN'CAV XTENCOM=BY THE ITNER TRACTRAL ALTERIATINE, THE LODGES AT -INCER U.1 TME APPIOPRATE PLANTING E­SESN. CHAPEL HILL APPLI ADD.-IX..I ST-OR E.UNALENT IDNER IF-TMCR SU T-LE P .�..RIR,_. .PHALC III I NFOUND OF BY TRISPIN. ..CH ANC-M."T60L. A I A PATTER IRT -STRAINT-.1 USED AN A"I ANIHNIUND TOUL E,IF THAN IM AWN % 1,­_� ,X 5 r""ENMESTS S SE.SS H HAN LL S`C"-LSIE"T`CRT"ED.RWZC*SEI 41 IS.11.FASM THE MAIIE.RESSED.FERTIMSE,AND LUCH-ED AREAS IMMED-1 ORANGE COUNTY,NC IC m,l P_DxIN) PLAN NDr-ALL "'LE DETAILS I NCRETE WASHOUT Q�DIVERSION DITCH T ZIEC6TONUM..NUMBER DRAWINGNUMBER 55 00 D-101 70 NOTES SWPE D" 1. SEE C-101 FOR ALL GENERAL NOTES. -N RC-RC GN-L_DD,on IHE--l. _.L P ll�Fln.E POP (N-L II. (CL.S A A, GE T. POSTS NG N IE Pll I_U g, IE Dol _"L '2 D_02) "oo CLASS I RIP RAP 12 DEEP FROM S-E .P.1. I=��Mp�H'LL'8,1 L%EO IW -S�=N'r��O OR OR`— --T-' 6"GRA-FILTER GE-Alr-DPDR. r SIC.-- S EM IILENI*N,$'-N -'-'��B)TO�01 OR FILTER S E" E, POT, RI'MMOMEM I� RIEM�E"IET01 n RI�E .71C 1.O.'IA UP. FA ENS E 5 A MIN M M O� OR � 1 0 1 LOW THE P0 NT OP E E=11MVE21A Io 1,"IL'IL,_GE11.IIADE, E -.E-1 C.-C D AUL D-I.I. -1-T 1- P.. -1. IMMEDIMMIN�71�P�C-T.RU.-"'.1-111 THE ANI-P IN TNE 0 -L 1 1-1111-11 Dllll�'lll-IT-D D-L. PE-.E..D R31112T)� �Fl. _D I oN-.0 RIMER lAT"-'TL`P.-R- LL RIP RA P LP PROTECTION AT INLETS AND OUTLETS TEMPORARY SEDIMENT BASIN(1 OF 2) TEMPORARY SEDIMENT BASIN(2 OF 2) T11-111N 11 lll�A =-- 11 IAIH Is IPE DIAMETER �E-T:E- All- IEI FlfiRlcUSE AND PI.S "U."U.'"LFlt INI.0 -O AT TNS T.P -IE E-1- '70 IN AAry�!1c 7TllG0="CAVMl"E ��1,- DAv I L ME 111TEM7 TNE MC'F IN-.R.- /--I- OF P-P.D--\ MUZED PC 2 1- J F.R IIIE -E-1 I-I.P. ND. DATE -SIONS DESCR PTION PAR ACRoss 1 02/13/20 P- ONE P_ E EEDS 2 08/31/21 RELOCATED DRY POND A 3 10/1/21 PER ORANGE CO. -.1 111-1.A PROJECT MANAGER: 7PR-7E7�707-R: TA, u E.D-L.-1 R.LL) 01 THE-E _7 -01.- Mia- I'"'CIPS." Z� Y. PIPE INLET PROTECTION(PLYWOOD&STONE s CHECK DAM s w INSTALLATION OF MATTING FOR SLOPES DATE MTB MARCH 26,2019 I CAI--�l egg ya MacCONNELL N�0 I N-UCI -EN D-N CIME Pl- A S. �-D�.N-P1.011 I-TNE TE.- END- ES L.P &Associates,P.C. Fix E N Dk=M _R D= N=R 2,'- CCAA'SyCl%E'POI=NE,=111 DNi PI „PE `lAM R I Dk=�& 'N", T, �I.NA Kll 111-�TIE 11111NI I-E�-ER usno101PL-ED PIPE 3 LOWZ1.3T1 ONE To� ULD L:(.1.)..I-I..1-:(.I.),I.-A- END ..EDU. 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CLASS-A"TYPICAL ROADWAY SECTION PAVEMENT DESIGN ��LANDSCAPE PLAN 11+86.01 -15+76.3 D-103 NTS D-103 NOT TO SCALE III RI CUSS"A"TYPICAL ROADWAY SECTION 151-7--END 1.R)-BD SIGNS ARE TO ACCOMPANY REVISIONS _ ALL R—A PARKING SIGNS pPR.EGT.M—G- DESCRIPTION 24' �- ORANGE LD. LoocETRAIL / ORANGED CO. A sEE oEru z.o-im rw nsPw4r arm—E—E oEswx \ R PROJECT ENGINEERP �1 TYPICAL ROADWAY SECTIONS 1 I DRAWN B: HECKES B DHR P GSM D-103 NOT TO SCALE LEGENDL AND BORDERS- DATE: GREEN MARCH 21,2018 35. s oa .�.��. ,o CAI 30 utnrt t(t c,cor D„�,. S"o BS'D� GALVANIZED Y Basemen y ) - 1 - ) EAL Z 8 , T STEEL RIB- [[t A '/ ®1S BCHANNELCPOST EL Z3�2 'o NpIN�'Z/9 q`.{/l '�A'AIMt" .•" O R R 1/2 �•S'�MAG.��.•• yA.Pete E%PANSION /W W �,,,"'-M„ JOINT MacC0T.T1 V 1 TV ELL &Associates,P.C. 1/2'WASH wALHwAVE 50'Radius g- 60'OR 84' cARv ns'I5 PC"T"M SIGN Rlsva oEx AROLINA nseo GPLVANIZED POST .. 35' 6' B. EL:IRtal 4aT-i>R OG(111)stsssto PAVEMENT oul 4 9 T a R LNG BROYHILL WILES EO GRPDE� 1 11tt THE LODGES AT 2 DISH 6 Si CHAPEL HILL CONVENTIONAL E%PRESSWAY fREEWAY MINIMUM OVERSIZED I, III CONCRE30 0PSI £ S1ZE OOTING ROAD L_ EWcu H - EGO) ORANGE COUNTY,NC # a 4 BSTOP SIGN �1 SYMMETRICAL CUL-DE-SAC 3 D-10] NTS D-103 NOT TO SCALE TYPICAL STREET SIGN DETAILS 3 9 D-103 NZ C 8 PROJECT NUMBER DRAWING NUMBER 8 A55Z.00 D-103 72 NOTES o SEE C-101 FOR ALL GENERAL NOTES. TOP OF SLOPE TRAILING END APPROACH END M.RNL CONNECTION EDGE OF PAVEMEM 50_0- FILL R SLOPE SO'-O' ON 50:1 FLARE WARPNTS ON 50:1 FURE 6'SPACING(TYP.) LJ FRONT`ELEVATION LJ Ll EDGE OF LANE N EDGE OF LANE NOTES: LODGE TRAIL IS A TNO-IANE.TWO-WAY ROADWAY 2. DESIGN SPEED IS 30 MPH 3. =2 FEET 4. �ENGTH OF NEED.L-75 FEET:L^ 75 FEET 5. FILL SLOPE WARRANTS GUARDRAIL FROM STA.—8.16 TO STA.1118401 Y Yrr POST CONNECTION 1YP.cuAROBAIL CROSS z GUARDRAIL PLACEMENT ON APPROACH AND TRAILING END OF FILL SLOPE WARRANT NOT TO SCALE 110 SLOPE OR FLITTER SEC D-100 NTS NOT TO SCALE I. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS. 2. DO NOT SCALE DRAWINGS. 3. IF SLOPE IS CLOSER THAN 24"INCREASE POST LENGTH TO T'. 4. OR IV IF PO EVERY 12TS OR AUGER,BACKFlLL WITH NATIVE SOIL AND COMPACT ppTTpp�� 5. ALL TIMBER/1 540 SOUTHERN PINE,PRESSURE TREATED:AWPA-C14 TO AL BXWLOEp �� REVISIONS WOOD FOR USE IN HWY.CON51R. 6. _ PST 8'X8-X6'-TYP.RAIL:4-X12'X11'11 1/2- �63 N0. DALE g—GRIPFASTENERS:ASTM A30);A242:F436 TYPE 3;A563 DH3. NI O2/13/208. TIMBARIER TRADE MARK SPLICE PL1TE k PUTE WASHER ASTM-A588 OB/31/21 9. UNDER EACH BOLT HEAD ON FACE OF RAIL INSTALL ONE]/8-WASHER. LµE OF INIE 3 10/I/21 NGE VARIABLE SLOPEPROJECT MANAGER:REETGUARD WOODEN GUARDRAIL �1 �I DITCH ELOPE DRAWN BY: CHECKED BY: �J FILL SECTION CUT SECTION JDHrtAP csM DATE: MARCH 26,2019 N"-DISTANCE FAN EDGE OF LANE TO FACE OF GWAUAMUL WHERE OWROMIL IS PARALLEL TO LANE. 1{CAq p W ': pPSO 8S C i —A—POINT - IT - tAL t -: EAL p. 042EOB / Y T `.,9y'PNN15 T F LL Zw 50:1 TAPER ------------------------- ;Q J W ^••,S.MAC..•' 'iWiae A;Pet ri 4 l o MaCCONNELL - ------ ---- ----- - -- 'SXOOLOER LINE y.p- I M1 &Associates,P.C. ---------�—= RICASOADE x.r a P LANo NDE,os ----- -- -------------------------- o-L DARY,NORTH eAROL F EDGE OF`AXE R'Op/'FAVED SHWLOE. ~6 EL IDiX1—I. Ae1X,XIT,s2-I. { TD'FAVED SNWLDEH N C TRAFFIC BROYHILL WILES u I `°"=°'°"°N"" °°`°'F°""WL' THE LODGES AT CHAPEL HILL IcTiolm 3 A N862.01 ORANGE COUNTY,NC # DETAILS 4 9 �1 BEGINNING OF GUARDRAIL IN CUT OR FILL SECTION C D-10H NTS E PROJECT NUMBER DRAWING NUMBER 8 A55602.00 D-104 73 NOTES SEE C-101 FOR ALL GENERAL NOTES, VEO".M 0IO BE w..e i0P ELEV.m]. un MExwCE UCEss <o BERM PE FHE DRY N N— 0 rva BxOS Ox RUE(xso)PoR umcExn snuwnv a]5 ` AND PxETENT DER rvoEv E EOVRED a �Exmw6 oRAOE nusx \ PwuBs Pox m TEUPoxAxv P00. DBBIS rntu ate 1 - , ---- `(sEE EETU1 x,o-,D5) -- 111 � _ - - MreRT EIn-.D I 111 _ /i%i r�5 urvrar n ry a„ � Gxnss mEEs rx0 ry �TX ��ul -..,��2 _ - WIDE BAY 111 N Twxsmory ro wury 1 1 lEP /i/ aun -ELPv a - III YF D !,ai.�//,.i/.�/..//-�/!•�/../. ..//,.i%.i/,.//, wrvlu¢E xroxol0ac IuvrcTs..ii,.. RAP o E.cxwcE Runorx moM /i//i. [n /�/i////�i //•/•i/�•��// rtaawwr Poo[/, �m�a nR sroRu THEwuw Dorm oMRa � - \ smuurrox PRDu sxwr \ MN of,n sEPARAnon PRou 1 sEwwxa xox wArER TAB,E � DRY POND B:TYPICAL SECTION BAx D-105 NT5 SCRFEx Dunn RSER atEsi uuM O,uw rov:NANN Pool I nmFINE To W15 /.PoE{PS MMf \ rzuPoRMv N s'PVC wml PEST / \ scREEN uuo Dk,.S' � \ uuM P DOv:N rtMPoRMv PoOL IN TAO TO NNE M, - REVISIONS V.<,:.8' i---i--------I FIRE a DRY POND B:PLAN VIEW IJ PIPE No. DATE DESCRIPTION APP°AT xx P D-105 1"•20' 1 08/31/21 PER ORANGE Co. 2 08/31/21 RELOCATED DRY POND A ELEV.1,1.1 ------------ -------- 3 10/1/21 PER ORANGE CO. To OF TNF dtD,cE PROJECT MA NAGER: PROJECT ENGINEER: Z F;U GSM TPP AHR'�OABON O-B' ED I ISCONUExD "ID _ ��i DHAWN BY: CHECKED BY: ii JOHrtAa OEM g DATE: PRY POND B:OUTLET STRUCTURE a3�'=' MARCH 26,2019 D-100 NTS ~C6 llomu H FIRE D -O LEND INr l ERs° z MacCONNELL &Associates,P.C. 4 t~.l WUWIDE xB suDE,DB X 1 Bo MBRB��a i x ¢N BAx.0- .NpN g:2]5,B M 1 7 E"iBssiT:z°s �"?iB°s1NS Bs,So d a cc x M ix �� S BBE xo E °° °I°° o cis FAX WILES BEE 1. l B L N d H THE LODGES AT —ABLE CHAPEL HILL - Isacrxm or Dxo PIPE r RLOR7 � D5E AT LBBAIIDxs As 111—ED By 111 Bw1xBEN I' i £DC— PRB 1v v c Icy m ' DExER xD B.ALL_-- GM—ARE'FOR M_IIMX IXXOIT— XOP - �P1x `SR E c ORANGE COUNTY,NC L ONB,w1DTHa,AIX PIPE LB T ErFnwmlw DRrvEruv E«v w[D xs BIBN BREED BIIDBLD BE w1BIDERED 11 DETERwINIxB DETAILS 5 1. TNEBB AREAL ARB TO BB BRED TD 1—THE IMBR°ECTIMB BLDPBB 11 111 PRDPoBBD 111EN. xDrxox z-x 310.10 e DRIVEWAY PIPE CULVERT PROJECT NUMBER oRAwINc HUNGER e D-Ios NTs A55602.00 D-105 74 NOTES -T RUN-ElU.MPING 1 SEE C-101 FOR ALL GENERAL NOTES, RSWTAGGS lF.T GR.GRBG Sl-RE..IREO TO BE MOCTAT. v4 RTFIlR. =11&$TW�S�O ROE- AUO PREVENT EROSION EM ORT.ORAM, RITI 11'_THRI_-I-'PIR 11'N'2: T r-�l CRRE_OR 'S B REO N T"pom" R�IIDxr, POOL 11 TXO TO Z Onvs 11PORARI P- ELEV. -------------- --____--- - 0001 RRE, �� 12--1 1 AT-R101 ----------------- .. 0 OF I I TO RE011E 21.01.NR ANT ART-I'Ll L F I p RRY POND A:LOWER BASIN OUTLET STRUCTURE M 11M.CE -lOR.IF1 NT. A.,Ol I EPARAT ON FRO4 W_T_ t—Y POND A:TYPICAL SECTION VEGETATIVE SIDE SLOPES. L...6 FU`INTT�WITH � NON—CLUMPING JGMF PAR AND WOODY SHRUBS NOT ALLOWED. I16'WIDE EMERGENCY SPILLWAY REVISIONS DATE DESCRIPTION 'C'-.N`EN'UGEES 1 PER ORANGE CO. -I CS/ 2 08/31/21 RELOCATED DRY POND A 3 10/1/21 PER ORANGE CO. PROJECT MANAGER: PROJECT ENGINEER: N FAR DRAWN BY: CHECKED IT: III I GSM 10'WIDE RIP PAR lEHLTAP UNED INLET DITCH 10'MAINTENANCE EASEMENT DATE, MARCH 26,2019 4"o OUTL -386'- BETAIL 2,B-106) I CT STRUCTURE ISEE MacCONNELL ---------------------------- -------------- ----- ----- &Associates,P.C. 1-- ----- - - G.R. SADE.OOB IIRNBTTE"LA N NE 82U"IE' -- -- - l-NER O LNAT21l1l1l0OHX12 T0R'U.'." AX MIK 27 SLOPE BROYHILL WILES POP F— — — — — — THE LODGES AT CHAPEL HILL L STRUCTURE ORANGE COUNTY,NC —o DETAILS 6 y DRY POND A:PLAN VIEW PRDJEGT NUMBER DRAWING NUMBER 8 6 A55602.00 D-1 06 75 NOTES A1 SEE C-101 FOR ALL GENERAL NOTES. o A A ti I 31--9"(OUT TO OUT LENGTH) I Z I orc �vFLOVI Q b Q I 23'-O'S-AN y y CROSS SECTION C. y - AV \' WEST PRICE CREEK CULVERT ��WEST PRICE CREEK CULVERT D-10] NTS 0-10] NTS REVISIONS N0. DATE DESCRIPTION 02/13/2D PER ORANGE CO. 2 08/31/21 RELOCATED DRY POND A 2e'ti 11Vl1+H�- +H�25'{'yA'2 3 10/1/21 PER ORANGE CO. PROJECT MANAGER: PROJECT ENGINEER: GSM TPP II II II II II II II II II II II II II II II II II II II II i DRAwDLT� ECMGS MBr:R h I I U U O U U II U II 0 U U U U u I I I h I 1 I n H 0 N 0 H n H n N n H n I I 1 I b DATE: I I I I I I MARCH 26,2019 1 1 1 1 I I I I I I SAROi 31'-YIOUTTowraNDTNI - ,,••"„ era wrrz PROFILE zrawrw ae-., ,4.!I°bjzo3'y€ pze MacCONNELL �'r° &Associates,P.C. 0 zea•rrvlz TN1 _ e E ssi�T:zIRT:1:is°,sl�Ns s�s16o N'TBROYHILL WILES II II II II II II II II II II II II II II II II II II II II I "° �, THE LODGES AT h l i u u u u u u u u u uTrT CHAPEL HILL a H n N n H n H n N n H n I I I er END ELEVATION S 1 i I i i i i I h l l l l l l I I I I I n ORANGE COUNTY,NC I--2r v WYn 31 x four ro OUT L�NGrnl W PROFILE DETAILS 7 ��WEST PRICE CREEK CULVERT �1 WEST PRICE CREEK CULVERT D- 7 NTS D-10] NTS PROJECT NUMBER DRAWING NUMBER g A55602.00 D-107 76 NOTES SEE C-101 FOR ALL GENERAL NOTES, 1sMx E xo1E, INMU— -III III-III III-- �ExoT I- HII-II IJ'1- �E«�E, I�x° A-III-III; "I III .III-III-ICI __ I III II-II - -III III III- I bxmm _III III-111- -III,�IIII= �II - �� I� III III,.II• I III III-III III... IIIIIII II III =1I-ti-III I - I=11I-111=III- -III=111=1 =III=111- II-1I=1I I=11I III-II l0 I I I=1I I I I Irt111 afl- sLwE COx,R.x°x =EmETaLs _III-III I I,. I I III-III 1 z:eaE..xlx u«,En ncL s �owEcnoxof rxrwmwm �r r asmnus rwwswE�wa m 1 ___ • I ,.s•Iv�..pow.ertx FLav W E— �aEE�xm.1PM ,TEN.WEx REVISIONS y* ND. 21— DESORPTION �vERvxscxEouv 1 02/13/20 PER ORANGE CO. _ lem�p 2 0 S/21 RELOCATED DRT POND A nx xnrrERx I xlx,sEE xEraLs nn vEwrxLe 3 10/1/21 PER ORANGE CO. PROJECT MANAGER: PROJECT ENGINEER: Nx,eEEOETaLs GSM I TAP DRAWN I CHECKED BT: wx>nmaa m�acrixxoEvxEvaxxox+xo JDH/TPP GSM DATE: MARCH 26,2019 oiucnorWiaysseEvuuxsvnx eCpzlslu�x %FNOTE, SH•$ARO< `o OHO o­NU s EEEmrE, I III-III- II =III-I' %Z°y`/'ZO<3'ye OZ — v ° :,• o SIN aA axe`E".o'."E' nEsoF�. Ex 1- -II-IL m - I. oaTM EO '+s III x."."„�"°°„e^,^,^•,°"°^w^•o",,..IMx •,,s EeA g Ea,,.EExo« I. 1- .III I. I'.III-1' III-_ 4`""w A'•w' 0E� Mn,ExL.L I IJ I I III III, III III-III- E .F III III =III III - -I �x aL, MacCONNELL "`"°`" &Associates,P.C. 4" :0 �R e rxFnwl E"issiL.LA;.z° FAX ?RTI ="s,`o BROYHILL WILES EROSION CONTROL INSTALLATION DETAILS - Mx ar,w .,aw L x ..xw THE LODGES AT ProCHAPEL HILL GEOSOLUTIONS KtleTURFREINFORCFAENTMAT(TPoN) F•LAND LOWLR M..TRM INSTALLATION DETAILS FCR C..ELS ORANGE COUNTY,INC 8 m A �1 PERMANENT CONVEYANCE DITCH DETAIL DETAILS 8 1 D-108 NTS PROJECT NUMBER DRAWING NUMBER g A55602.00 D-108 • �� ►�`' ! �;0-fill►► Orange co, unty lam C 1-'lam\� M The Lodges at Chapel Hill Carrboro Town Chapel Hill Town Limits N 1 in ...feet ORANGI Feet CountyCOUNTY Planning and Inspections Department Boundary • 17 RES —2010 -- 028 C- Attachment 6 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date of Meeting: April 6, 2010 Name of Subdivision: The Lodges at Chapel Hill Subdivision Owners: Kenton and Natasha Wiles Applicant: ENT Land Surveys, Inc, Agent The Board of County Commissioners hereby approves The Lodges at Chapel Hill Preliminary Plat, dated December 11, 2009, last revised on January 2, 2010, containing twelve (12) lots and one (1) public street, Lodge Trail, subject to the fulfillment of requirements specified herein. Before any final plat for The Lodges at Chapel Hill subdivision of any of the tracts shown on the preliminary plat may be recorded the owner/applicant shall comply with the following terms and conditions: A. Sewage Disposal 1. Each residential lot shall contain an adequate area for a conventionally sized septic disposal system, and its associated repair area, approved by the County Division of Environmental Health. 2. The septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restriction to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the County Health Department, Division of Environmental Health. Each lot that does not contain a suitable building site shall be designated both on the Final Plat and by instrument recorded in the Orange County registry as restricted for development potential as set forth in Section IV-13-2 of the Orange County Subdivision Regulations. 3. The owner/applicant shall not destroy trees that have previously been inventoried and located within the primary tree conservation areas as depicted and described in the Landscape Plan for any reason including to install on-site waste disposal system drain or repair fields. 4. No septic system shall be located within a regulated stream buffer. 5. The Owners shall include in the restrictive covenants provisions requiring each lot owner to have their septic system serving their lot inspected by a licensee of the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board, who is properly registered to perform such inspections within Orange County, no less than one (1) time in every five (5) year period (unless inspections are required more often by rule or regulation of the Orange County Health Department) and to have the system pumped if recommended by the inspector. Payment for the inspections required under this condition shall be the responsibility of the individual lot owner or the homeowner's association as 79 RES —2010 -- 028 established by the governing Homeowner's Association declaration. These provisions shall be in a form approved by the County Attorney. B. Roads and Access 1. The owner/applicant shall, prior to the approval and recording of the Final Plat, construct the public road, including any intersections and alignments) to NCDOT standards for a Residential Collector Road within the area of the platted lots and as a Subdivision Access Road between Damascus Church Road and Open Space Lot B, within a fifty- (50) foot right-of-way, with five-(5) foot utility easements on each side, and with NCDOT construction inspection and approval. OR The owner/applicant shall submit a letter of credit or cash bond to secure construction of the above public road improvements to NCDOT standards. The estimate shall be submitted by a certified/licensed engineer, grading contractor or other individual qualified to calculate the cost to complete the improvements according to approved plans and specifications, who has no direct or indirect ownership interest in the subdivision as specified in Section III-E-2 of the Orange County Subdivision Regulations. The financial guarantee shall reflect one hundred ten (110) percent of that construction cost estimate and an accredited financial institution licensed to conduct business in North Carolina shall issue such financial guarantee. The financial guarantee shall be effective for 372 days after the County Manager signed the Certificate of Improvements. The document describing development restrictions to be recorded with the Final Plat shall state that the County shall not release the financial guarantee until NCDOT inspects and approves the road construction and provides written certification of such approval. 2. The owner/applicant shall submit to the County Erosion Control Division for review and approval, before any land disturbing activity on the site, an erosion control plan for construction of public roads, private recreation activities, and drainage improvements. 3. The owner/applicant shall erect an approved street name sign at the intersection with Damascus Church Road according to the provisions of Section IV-13-3-c-12 of the Orange County Subdivision Regulations before Planning Department signatures on the Final Plat. All street name signs shall be double bladed. 4. Before any construction or alteration of any existing access within the Damascus Church Road right-of-way, the owner/applicant shall secure a driveway permit from the NCDOT District Offices. Owner/applicant shall submit a copy of such NCDOT approval permit and letter to the Planning Department at the same time as the request for Planning Department signatures on the Final Plat. The owner/applicant shall perform no work in any public road right- of-ways before issuance of approved NCDOT driveway permits and encroachment agreements. 80 RES—2010 --028 5. Sight triangles, ten (10) feet by seventy (70) feet, shall be shown on the Final Plat at all intersections. The sight distance triangle shall be exclusive of the proposed sign easement. C. Land Use Buffers and Landscaping 1. The owner/applicant shall install or preserve landscaping as indicated on the approved Landscape Plan (open space and pathways plan), and the Planning Department shall inspect and approve such landscaping before signing the Final Plat. No part of the landscaping shall encroach into the ten- (10) foot by seventy- (70) foot sight triangles at the public road intersection. OR The owner/applicant shall submit a letter of credit or cash bond to secure required landscape installation and preservation. The owner/applicant shall provide, as specified in Section IV-B-8-b-9 of the Orange County Subdivision Regulations, an estimate of the cost for required preservation, plantings and their installation. The financial guarantee shall reflect one hundred (110) percent of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2. Provision for protection of existing trees as shown on the approved Landscape Plan shall be included in a document describing development restrictions and requirements that Planning-Department staff prepared and recorded concurrently with the Final Plat. Clear cutting or other removal of any trees or other vegetation on individual lots is prohibited as specified in Section IV-B-8-c of the Orange County Subdivision Regulations. 3. The owner/applicant shall provide a Type A Land Use Buffer along the internal public road, as shown on the Preliminary Plan. The buffer shall be thirty (30)feet wide and shall be composed of deciduous and/or evergreen vegetation, forming semi-opaque intermittent visual obstructions from the ground to a height of at least thirty (30) feet. Said buffer shall be so noted on the plat, and detailed in a document describing development restrictions and requirements prepared by Planning Department staff and recorded concurrently with the Final Plat. The owner/applicant shall convey the thirty- (30) foot buffer easement along the public roads to the Homeowner's Association (HOA) for enforcement and maintenance. 4. The stream buffer areas in Open Space Lots A and B, as shown on the preliminary plan, shall be shown on the final plat as areas to be left undisturbed and in their natural state. Grading, clearing, or installation of any structure, impervious surface, fence or play apparatus shall not be placed within the buffer. Additionally, when marketing these lots to prospective buyers, the developer, contractor or real estate sales person shall provide information, available at the Orange County Erosion Control offices, to prospective buyers regarding the nutrient reduction requirements within the University Lake Protected Watershed. D. Drainage 81 RES — 2010 -- 028 1. Locate all drainage easements on the Final Plat, as required following Erosion Control Plan review and approval. 2. The owner/applicant shall size and locate all drainage culverts as required by NCDOT and a North Carolina Licensed Professional Engineer. E. Parkland and Recreation 1. The developer shall place a total of 14.61 acres in common open space, which the HOA will own.and maintain. This open space shall be shown and labeled accordingly on the final plat. Cutting or removing of trees and other natural vegetation, except for safety or maintenance purposes, is prohibited. 2. At the time of recordation of the Final Plat the Developer shall pay to Orange County a $5,460 payment-in-lieu-of-dedication fee. 3. The owner/applicant shall designate recreational space as specified in Section IV-B-7-b of the County Subdivision Regulations and in Article 6.12.2.6 in the Zoning Ordinance. The total recreation space required for this development is 0.6 (six tenths) of an acre. The 14.61 acres of open space may serve a dual role of private recreation space provided active recreation improvements are made. 4. The HOA shall obtain an approved NCDOT encroachment agreement for the footpath that falls within the public road rights-of-way before construction. 5. No activities are allowed in prescribed open space, except recreational facilities. 6. Except for construction of footpaths and stormwater improvement facilities [e.g. bio-retention], all areas in reserved open space shall remain in their natural condition. F. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map according to standards found in Section V-D-2 and V-D-3 of the County Subdivision Regulations. 2. The Final Plat shall reflect the drainage easements as required in D.1 above. 3. The open space shall be conveyed by deed to the Homeowner's Association. The County Attorney, prior to their recording, shall approve all instruments of conveyance and restriction. 4. Before installation of lighting within the subdivision and to ensure compliance with the Orange County Outdoor Lighting Standards, the owner/applicant shall submit a lighting plan to the Planning Department for review and approval. 5. The Planning and Solid Waste Departments shall review and approve a plan for the collection and proper disposal of all tree stumps and fallen logs before approval of the erosion control plan. 82 RES —2010 -- 028 6. The owner/applicant shall note impervious cover square footage limits for each lot on the Final Plat. 7. Clean wood waste, scrap metal, and corrugated cardboard, shall be recycled. 8. All haulers of construction waste shall have proper licensing through the Orange County Solid Waste Department. 9. Before any on-site construction activity, the owner/applicant shall hold a pre- construction conference with the County Solid Waste staff. This may be the same meeting held with other development officials. 10. Before installation of a subdivision sign, County Planning shall review and approve a site plan and construction drawings. 11. The owner/applicant shall install a water withdrawal system for emergency fire suppression with signage acceptable to the Orange County Fire Marshal prior to recordation of the final plat. 12. The owner shall file, with the Planning Department and record with the Final Plat, a declaration of covenants and restrictions, articles of incorporation, where required, and/or by-laws, all as approved by the County Attorney, that will govern the maintenance and control of the improvements as set forth in Article III-E of the Orange County Subdivision Regulations. Said documents shall provide for ownership of open space and the dedication of easements to access open space, common area Pedestrian Open Space Areas, drainage easements and buffers, for maintenance. The Owner has agreed that said documents shall not restrict the use of energy efficient measures, including but not limited to clotheslines, solar collectors, or photovoltaic systems by the lot owners, nor shall said documents require any lot owner to engage in water intensive lawn maintenance. 13. The maximum impervious surface coverage for each lot shall be six (6) percent of the platted lot area. This figure is exclusive of public road right-of-way. 14. After Final Plat recordation, the owner shall voluntarily convert any required soil erosion control facilities into low-maintenance, bio-retention sites (rain gardens). 15. A 15,000 gallon buried tank shall be used for residential subdivision fire suppression. IT shall be located in the common open space at the highest elevation practical. 16. To the extent under Orange County ordinances, the applicant/owner shall provide bonds sufficient to ensure the adequate protection of water quality within the law for a period of time that ensures that adverse effects have been mitigated. G. Certifications 83 RES —2010 -- 028 1. The owner/applicant shall have notarized on the face of the Final Plat a Certificate of Survey and Accuracy signed by a Professional Land Surveyor. 2. The owner/applicant shall sign a Certification of Declaration and Maintenance in the form provided in Section V-D-6-b of the County Subdivision Regulations on the face of the plat and shall record concurrently with the Final Plat a document describing development restrictions. 3. The NCDOT shall certify that all public roads, intersections, and road alignments have been entirely constructed to NCDOT standards or that construction plans have been approved before Planning Department signatures on the Final Plat. 4. The Planning Department shall sign a Certificate of Approval. 5. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that the Preliminary Plat for The Lodges at Chapel Hill Subdivision is approved in accordance with the above-mentioned conditions and attached Preliminary Plat dated December 11, 2009, last revised on January 2, 2010. Upon motion of Commissionerk" seconded by Commissioner the foregoing resolution was adopted this the Sixth day of April 2010. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a�ue copy of so much of the proceedings of said Board at a meeting held on April , 2010 as relates in any way to the adoption of the fo and that said proceedings are recorded in Minute Book No. of the Board. WITNESS my hand and the id , this day f April 2010. Clerk to the Board of Commissioners Wirth �atc���e 84 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2007-00939 County: ORANGE U.S.G.S.Quad: FARRINGTON GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Mr.Kent Wiles Broyhill Wiles Building and Developing,Inc. Address: 3808 Dunsinance Drive Durham,North Carolina 27707 Authorized Agent: Ms.Julie Davidson Agri-Waste Technology,Inc. Address: 501 N.Salem Street,Suite 203 Apex,North Carolina 27502 Size(acres) 43.83 Nearest Town Chapel Hill Nearest Waterway West Branch Price Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude:35.872307 Longitude: 79.097614 Location description: The project area is identified as an approximate 43.83 acre tract of land,located on Orange County, North Carolina Parcel 9777135204.This parcel is located southeast of the intersection of Damascus Church Road and Lovingwood Lane,Chapel Hill,Orange County,North Carolina.Work in waters of the United States would occur in Price Creek and an abutting wetland.Price Creek is an indirect tributary of the Cape Fear River(03030002) Description of projects area and activity: On March 12,2007,the Corps issued a Nationwide Permit 39 to Mr.Kent Wiles for the Damascus Church Road project.Proiect impacts included the discharge of fill material into 0.12 acres of wetland for the construction of a 12 single lot residential subdivision and associated infrastructure.Compensatory mitigation was required in order to offset unavoidable impacts to waters of the United States at a 2:1 mitigation to impact ratio.The applicant purchased 0.24 acres of riparian wetland credits from the NC Ecosystem Enhancement Program(NCEEP)on September 25,2007.The permit verification expired on March 18,2007 and the above referenced activity was not completed.This permit was re- verified as a Nationwide Permit 14 on May 25,2011.The permit again expired on March 18,2012 and the authorized activities were not completed. On March 8,2016 the permit was re-submitted for a third verification.During the review process,the Corps identified an additional 0.25 acres of wetland impact within the proiect area,bringing the total impacts to 0.37 acres of wetland impact and 60 linear feet of stream impact.The Corps required the permittee to delineate the additional wetland area,provide the appropriate amount of compensatory mitigation,and re-submit the permit for approval. On March 13,2018,the permittee provided a revised permit application requesting a Department of the Army authorization to discharge fill material into waters of the United States in conjunction with the construction of the Damascus Church Road. Project activity will involve the construction of a 12 single lot residential subdivision and associated infrastructure. Implementation of the proposed project will result in the permanent discharge of fill material into 0.37 acres of wetland and 60 linear feet of stream channel for the construction of one roadway crossing.All other impacts associated with the Damascus Church Road proiect will be constructed in uplands,outside of waters of the United States. Compensatory mitigation is required at a minimum of 1:1 mitigation to impact ratio for all wetland losses that exceed 1/10- acre.As outlined in the aforementioned paragraph,the proposed project will result in the permanent impact to 0.37 acres of wetland,with a required 2:1 mitigation to impact ratio.The permittee has already purchased 0.24 wetland mitigation credits from the NCEEP. Therefore,the permittee has proposed to purchase 0.154 acres of wetland credits from Restoration System, LLC's Cripple Creek Stream&Wetland Mitigation Bank(8-di2it HUC 03030002),and 0.346 wetland credits from the NC Division of Mitigation Services. Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) ❑ Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number:NWP 14(Linear Transportation) SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND SPECIAL CONDITIONS 85 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated March 13, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and/or regional general permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below,provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit,activities which have commenced(i.e.,are under construction)or are under contract to commence in reliance upon the nationwide and/or regional general permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration,modification or revocation,unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(LAMA),prior to beginning work you must contact the N.C.Division of Coastal Management in Morehead City,NC,at(252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory program, please contact Samantha Dailey at 919-544-4884,ext.22 or by email at Samantha.J.Daileynusace.army.mil. Digitally signed by DAILEY.SAMANT DIN:c=US,-U.S.Government, HA.J.1387567948 con=DAI DLEY.SAMANTHAJ1387567948 Corps Regulatory Official: Date.2018.G4.0610:40:43-04'00' Date: April 6,2018 Expiration Date of Verification: March 18,2022 86 Action ID Number: SAW-2007-00939 County: ORANGE Permittee: Mr. Kent Wiles Broyhill Wiles Building and Developing, Inc. Project Name: Damascus Church Road Date Verification Issued: April 6, 2018 Project Manager: Ms. Samantha Dailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27857 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 87 SPECIAL CONDITIONS ACTION ID: SAW-2007-00939 BROYHILL WILES BUILDING AND DEVELOPING, INC. DAMASCUS CHURCH ROAD MITIGATION 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Special condition regarding compensatory mitigation was included to insure compliance with the 404(b)(1) guidelines. 88 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Broyhill Wiles Building and Developing, Inc. (Attn: Mr. Kent Wiles) Action ID:SAW-2007-00939 Project Name: Damascus Church Road County:Orange Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S.Army Corps of Engineers(USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor:The Sponsor must verify that the mitigation requirements(credits)shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03030002,Cape Fear River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.077 *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03030002,Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.154 Mitigation Site Debited: Restoration System LLC's, Cripple Creek Stream &Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document(see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November,2015 89 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager(address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587(email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Samantha Dailey USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive,Suite 105 Wake Forest, North Carolina 27587 Email: Samantha.J.Dailev@usace.army.mil DAILEY.SAMANTHA.J. Dig ita I ly signed by DAILEY.SAMANTHA.J.1387567948 DN:c=US,o=U.S.Government,ou=DoD,ou=PKI, ou=USA,cn=DAILEY.SAMANTHA.J.1387567948 1387567948 Date:2018.04.06 10:57:15-04'00' April 6, 2018 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.armV.mi1. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at our website at http://regulatorV.usacesurvey.com/to complete the survey online. 90 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Broyhill Wiles Building and Developing, Inc. (Attn: Mr. Kent Wiles) Action ID:SAW-2007-00939 Project Name: Damascus Church Road County:Orange Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S.Army Corps of Engineers(USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor:The Sponsor must verify that the mitigation requirements(credits)shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03030002,Cape Fear River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.173 *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03030002,Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.346 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document(see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November,2015 91 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager(address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587(email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Samantha Dailey USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive,Suite 105 Wake Forest, North Carolina 27587 Email: Samantha.J.Dailev@usace.armV.mil DAILEY.SAMANTHA.J.1 Digitally signed by DAILEY.SAMANTHA.J.1387567948 DN:c=US,o=U.S.Government,ou=DoD,ou=PKI, ou=USA,cn=DAILEY.SAMANTHA.J.1387567948 387567948 Date:2018.04.0610:52:10-04'00' April 6, 2018 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.armV.mi1. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at our website at http://regulatorV.usacesurvey.com/to complete the survey online. 92 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 West Margaret Lane ORANGE COUNTY (919) 245-2575 ®��. I INA P O Box 8181 (919) 644-3002 (FAX) Hillsborough, www.co.orange.nc.us North Carolina, 27278 WON -1'2 "a- LM �d1 STREAM BUFFER USE AUTHORIZATION CERTIFICATE: In accordance with: • Article 2 Procedures, • Section 2.15 Applications -Major Subdivisions, • Section 2.20 Stream Buffer Use Authorization Certificate, • Section 6.13 Stream Buffers, • Section 6.21 Flood Regulations, and • Article 7 Subdivisions of the Orange County Unified Development Ordinance (hereafter `the UDO'), this permit herby authorizes disturbance of identified stream and floodplain buffers consistent with a previously approved Major Subdivision, specifically The Lodges of Chapel Hill, further described as follows: A 12-lot single-family residential subdivision located on 2 parcels of property totaling 43.83 acres, further identified utilizing Orange County Parcel Identification Numbers (PINS) 9777110563 and 9777029266, off of Damascus Church Road within the Chapel Hill Township of the County. The project shall be served by a single public road, referred to as Lodge Trail, extending approximately 4,000 ft. from Damascus Church Road. The proposed roadway shall be located within a 60 ft. wide easement and shall be constructed in accordance with applicable NC Department of Transportation public road standards. Approximately 14.6 acres of land area (33%) associated with the project is to be preserved as common open space owned by a local home owners association. Development the public roadway shall involve crossing of a stream and identified special flood hazard areas. (hereafter `the project'). Broyhill Wiles Building and Developing INC. and their engineers, MacConnell & Associates, PC (hereafter `the applicants') have submitted applications proposing the extension of the proposed roadway, j which will extend across a water feature, specifically West Price Creek, located within the project. This proposal included initiation of a Conditional Letter of Map Revision (CLOMR) through the Federal j Emergency Management Agency (FEMA) to address special flood hazard area impacts associated with the development of the proposed road. i i I 93 Construction involves the installation of a 23'- 0" by 6'1" Corrugated Aluminum Box Culvert (CABC) within the 60-foot right-of-way(ROW) of Lodge Trail to allow for the stream crossing. After reviewing the submittal(s) in accordance with the provisions of Section(s) 2.20, 6.13, and 6.21 of the UDO, staff hereby APPROVES WITH CONDITIONS the proposal and issues a Stream Buffer Use Authorization Certificate allowing for the installation of the proposed roadway/CABC within identified stream and floodplain buffers on the previously identified parcels as part of the project subject to the following conditions: a. The issuance of this use authorization certificate does not alter, waive, or exempt the applicant from complying with applicable conditions associated with the approval of the Preliminary Plat by the Orange County Board of Commissioners on April 6,2010; b. Prior to the commencement of land disturbing activities, applicant's shall secure any and all local, State, or Federal permits required for the project including but not limited to: i. US Army Corps of Engineers; ii. Orange County Erosion Control; iii. Orange County Stormwater; iv. NC Department of Transportation. c. The issuance of this use authorization certificate does not exempt the applicant from complying with Section 6.21.5 (B) (4) (b) of the UDO, specifically: `Before any building permit can be issued for the improvements associated with the crossing, an approved Letter of Map Revision shall be on file in the Planning and Inspections Department'. In issuing this use authorization certificate, staff has determined the following: 1. Per Section(s) 5.2.1 and 6.13 of the UDO public and privates streets, bridges, railroad rights- of-way, and other similar travel ways are permitted uses of property within identified stream buffers provided said crossings enter and exit the buffer area as nearly perpendicular as possible; STAFF DETERMINATION: The proposed roadway crossing does enter/exit the required buffer area as nearly perpendicular as possible. 2. The applicant has initiated the floodplain development permit process indicating the project complies with applicable provisions of the UDO; 3. The proposed activity, as detailed within the project development file demonstrates there are "no practical alternatives"with respect to the location of the proposed roadway. Issuance of this use authorization certificate does not authorize development inconsistent with the approved site plan, including removal of stream/floodplain buffer not expressly identified as being subject to elimination, as contained within the project development file or data reviewed as part of the floodplain development permit application. Deviations from the approved plan(s) shall result in enforcement action being taken consistent with the UDO. i i� 3 i i 94 The issuance of this use authorization certificate does not, in and of itself, constitute permission to initiate land disturbing activity. This certificate merely denotes proposed modification/disturbance of identified stream and floodplain buffers is consistent with the parameters of the UDO. Land disturbing activity shall only commence once all required local, State, or Federal permits have been issued. Approv DATE i I i i i i I i 95 SvApur,, Federal Emergency Management Agency W - I Washington, D.C. 20472 North Carolina Floodplain Mapping Program �A ' ND StiGJ` Cooperating Technical Partner November 8,2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED IN REPLY REFER TO: The Honorable Mark Dorosin Case No.: 17-04-6512R Chairman, Orange County Board of Community Name: Orange County,NC Commissioners Community No.: 370342 P.O. Box 8181 Hillsborough,NC 27278 Dear Mr. Dorosin: We are providing our comments with this enclosed Conditional Letter of Map Revision(CLOMR)on a proposed project within your community that, if constructed as proposed,could revise the effective Flood Insurance Study report and Flood Insurance Rate Map for your community. If you have any questions regarding floodplain management regulations for your community or the National Flood Insurance Program(NFIP) in general,please contact the Floodplain Administrator for your community. If you have any technical questions regarding this CLOMR,please contact the North Carolina Floodplain Mapping Program(NCFMP)at(919)825-2316, or the Federal Emergency Management Agency (FEMA) Map Information eXchange(FMIX)toll free at 1-877-336-2627 (1-877-FEMA MAP).Additional information about the NFIP is available on FEMA's website at https://www.fema.gov/national-tlood-insurance-progratn, and additional information about the NCFMP is available at http://www.nefloodmaps.com. Sincerely, Patrick"Rick"F. Sacbibit,P.E.,Branch Chief John K.Dorman Engineering Services Branch Program Director Federal Insurance and Mitigation Administration North Carolina Floodplain Mapping Program List of Enclosures: Conditional Letter of Map Revision Comment Document cc: Ms. Bonnie B. Hammersley, County Manager, Orange County Mr. Michael D. Harvey,Current Planning Supervisor,Orange County Mr. Thomas A. Perdue, P.E.,MacConnell and Associates, PC Mr. Steve Garrett, CFM, LOMC Manager,North Carolina Floodplain Mapping Program Mr.John D. Brubaker, P.E.,CFM, NFIP Coordinator,North Carolina Emergency Management 96 Page 1 of 5 Issue Date:November 8,2017 Case No.: 17-04-6512R CLOMR-APP �ti,aar,trF �ur , Federal Emergency Management Agency Washington, D.C. 20472 IND sic CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT COMMUNITY INFORMATION PROPOSED PROJECT DESCRIPTION BASIS OF CONDITIONAL REQUEST CULVERT FLOODWAY Orange County HYDRAULIC ANALYSIS North Carolina UPDATED TOPOGRAPHIC DATA COMMUNITY (Unincorporated Areas) COMMUNITY NO.: 370342 APPROXIMATE LATITUDE&LONGITUDE: 35.873,-79.096 IDENTIFIER NC-17.585 Proposed Lodge Trail Culvert at West Price Creek SOURCE: ArcGIS DATUM: NAD 83 AFFECTED MAP PANELS TYPE: FIRM' NO.: 3710977700K DATE: November 17,2017 *FIRM-Flood Insurance Rate Map FLOODING SOURCE AND REACH DESCRIPTION See Page 2 for Additional Flooding Sources West Price Creek-from a point approximately 600 feet upstream of the confluence with Price Creek and East Price Creek to a point approximately 1,900 feet upstream of the confluence with Price Creek and East Price Creek. PROPOSED PROJECT DESCRIPTION Flooding Source Proposed Project location of Proposed Project West Price Creek New Corrugated Aluminum Box Culvert The proposed culvert will be located in a proposed residential development located approximately three miles southwest of Chapel Hill along Damascus Church Road. SUMMARY OF IMPACTS TO FLOOD HAZARD DATA Flooding Source Effective Flooding Proposed Flooding Increases Decreases West Price Creek Zone AE Zone AE Yes Yes Floodway Floodway Yes Yes BFEs" BFEs Yes Yes *BFEs-Base(1-percent-annual-chance)Flood Elevations COMMENT This document provides the Federal Emergency Management Agency's(FEMA's)comment regarding a request for a CLOMR for the project described above. This document is not a final determination;it only provides our comment on the proposed project in relation to the flood hazard information shown on the effective National Flood Insurance Program(NFIP)map. We reviewed the submitted data and the data used to prepare the effective flood hazard information for your community and determined that the proposed project meets the minimum floodplain management criteria of the NFIP. Your community is responsible for approving all floodplain development and for ensuring that all permits required by Federal or State/Commonwealth law have been received. State/Commonwealth, county,and community officials,based on their knowledge of local conditions and in the interest of safety,may set higher standards for construction in the Special Flood Hazard Area(SFHA),the area subject to inundation by the base flood. If the State/Commonwealth,county,or community has adopted more restrictive or comprehensive floodplain management criteria,these criteria take precedence over the minimum NFIP criteria. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6420. Additional Information about the NFIP is available on the FEMA website at https:/Ap/ww.fema.govvin�ati�onal-flood-insurance-program. Patrick°Rick'F.SacbIbit,P.E.,Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 17-04-8512R 104 97 Page 2 of 5 Issue Date:November 8,2017 Case No.: 17-04-6612R CLOMR-APP Mae Federal Emergency Management Agency Washington, D.C. 20472 r6i Sfcl CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION To determine the changes in flood hazards that will be caused by the proposed project,we compared the hydraulic modeling reflecting the proposed project(referred to as the proposed conditions model)to the hydraulic modeling used to prepare the Flood Insurance Study(FIS)(referred to as the effective model). If the effective model does not provide enough detail to evaluate the effects of the proposed project,an existing conditions model must be developed to provide this detail. This existing conditions model is then compared to the effective model and the proposed conditions model to differentiate the increases or decreases in flood hazards caused by more detailed modeling from the increases or decreases in flood hazards that will be caused by the proposed project. The table below shows the changes in the BFEs: BFE Comparison Table Flooding Source: BFE Change(feet) Location of maximum change West Price Creek Existing vs. Maximum increase 0.1 Approximately 1,500 feet upstream of the confluence with East Price Creek Effective Maximum decrease 0.5 Approximately 1,900 feet upstream of the confluence with East Price Creek Proposed vs. Maximum increase 4.0 Approximately I,100 feet upstream of the confluence with East Price Creek Existing Maximum decrease None Not Applicable Proposed vs. Maximum increase 3.6 Approximately 1,100 feet upstream of the confluence with East Price Creek Effective Maximum decrease OS Approximately 1,900 feet upstream of the confluence with East Price Creek Increases due to the proposed project that exceed those permitted under Paragraphs(c)(10)or(d)(3)of Section 60.3 of the NFIP regulations must adhere to Section 65A2 of the NFIP regulations. With this request,your community has complied with all requirements of Paragraph 65.12(a)of the NFIP regulations. Compliance with Paragraph 65.12(b)also is necessary before FEMA can issue a Letter of Map Revision when a community proposes to permit encroachments into the effective regulatory floodway that will cause BFE increases in excess of those permitted under Paragraph 60.3(d)(3). NFIP regulations Subparagraph 60.3(b)(7)requires communities to ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management ordinances;therefore,responsibility for maintenance of the altered or relocated watercourse,including any related appurtenances such as bridges,culverts,and other drainage structures, rests with your community. We may request that your community submit a description and schedule of maintenance activities necessary to ensure this requirement. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6426. Additional Information about the NFIP is available on the FEMA website at https:lAwww.fema.govinational-flood-insurance-program. Patrick`Flick"F.Sacbibit,P.E.,Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 17-04-6512R 104 98 Page 3 of 5 Issue Date: November 8,2017 Case No.: 704-651211 CLOMR-APP `�4yr�.tT;L�F �p� Federal Emergency Management Agency Washington, D.C. 20472 CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) DATA REQUIRED FOR FOLLOW-UP LOMR Upon completion of the project,your community must submit the data listed below and request that we make a final determination on revising the effective FIRM and FIS report. If the project is built as proposed and the data below are received, a revision to the FIRM and FIS report would be warranted. •Form 1,entitled"Overview&Concurrence Form." Detailed application and certification forms must be used for requesting final revisions to the maps. Therefore,when the map revision request for the area covered by this letter is submitted, Form I must be included. If as-built conditions differ from the proposed plans, please submit new forms,which may be accessed at https://www.fema.gov/mt-2- application-forms-and-instructions,or annotated copies of the previously submitted forms showing the revised information. •Form 2,entitled"Riverine Hydrology and Hydraulics Form."Hydraulic analyses for as-built conditions of the base flood and the non- encroachment stations, must be submitted with Form 2. • Form 3, entitled"Riverine Structures Form." •Hydraulic analyses, for as-built conditions,of the base flood;the 10-percent,2-percent, and 0.2 percent annual chance floods; and the regulatory floodway,together with a topographic work map showing the revised floodplain and floodway boundaries. Please ensure that the revised information ties in with the current effective information at the downstream and upstream ends of the revised reach. •An annotated copy of the FIRM,at the scale of the effective FIRM,that shows the revised floodplain and floodway boundary delineations shown on the submitted work map and how they tie into the floodplain and floodway boundary delineations shown on the current effective FIRM at the downstream and upstream ends of the revised reach •As-built plans, certified by a registered professional engineer,of all proposed project elements •A copy of the public notice distributed by your community,stating its intent to revise the regulatory floodway,or a signed statement by your community that it has notified all affected property owners and affected adjacent jurisdictions • Documentation of the notification to property owners who will be affected by any widening/shifting of the base floodplain and/or any BFE increases along West Price Creek. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6426. Additional Information about the NFIP is available on the FEMA website at https:llwww.fema.govinational-flood-insurance-program. Patrick'Rick'F.Sacbibit,P.E.,Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 17-04-6512R 104 99 Page 4 of 5 Issue Date: November B,2017 Case No.: 17-04-6512R CLOMR-APP Federal Emergency Management Agency Washington, D.C. 20472 fi7 11.C. 5�Z� CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) • Evidence that your community has,prior to approval of the proposed encroachment,adopted floodplain management ordinances that incorporate the increased BFEs and revised floodway boundary delineations to reflect the post-project conditions, as stated in Paragraph 65.12(b) -A letter stating that your community will adopt and enforce the modified regulatory floodway,OR, if the State/Commonwealth has jurisdiction over either the regulatory floodway or its adoption by your community,a copy of your community's letter to the appropriate State/Commonwealth agency notifying it of the modification to the regulatory floodway and a copy ofthe letter from that agency stating its approval of the modification •.FEMA's fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and maps may be accessed at http://www.fema.gov/plan/prevent/fhm/frm_fees.shtm. The fee at the time of the map revision submittal must be received before we can begin processing the request. Payment of this fee can be made through a check or money order, made payable in U.S. funds to the National Flood Insurance Program,or by credit card(Visa or MasterCard only). Please forward the payment, along with the revision application,to the following address: North Carolina MT-2 LOMC Depot Attn: Steve Garrett 4218 Mail Service Center Raleigh,North Carolina 2 7699-42 18 or submit the L,OMR using the Online LOMC portal at: https://hazards.fema.gov/femaportal/onlinelomc/signin After receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM FIS report. Because the flood hazard information(i.e.,base flood elevations,base flood depths, SFHAs,zone designations, and/or regulatory floodways)will change as a result of the project,a 90-day appeal period will be initiated for the revision,during which community officials and interested persons may appeal the revised flood hazard information based on scientific or technical data. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information exchange(FMIX)toll free at 1-877-336-2527(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6426. Additional Information about the NFIP is available on the FEMA websile at https:/Avww.fema.go�v/�na�tional-flood-insurance-program. PaMck"Rick"F.Sacbibit,P.E.,Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 17-04-6512R 104 1 Page 5 of 5 Issue Date:November 8,2017 Case No.: 17-04-6512R CLOMR-APP �.eaft7,tt Federal Emergency Management Agency Washington, D.C. 20472 ..E 1 VD a�i. CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) COMMUNITY REMINDERS We have designated a Consultation Coordination Officer(CCO)to assist your community. The CCO will be the primary liaison between your community and FEMA. For information regarding your CCO,please contact: Mr.Jesse Munoz Director, Mitigation Division Federal Emergency Management Agency, Region IV Kogcr Center—Rutgers Building 3003 Chamblee Tucker Road Atlanta,GA 30341 (770)220-5406 This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6426. Additionai Information about the NFIP is available on the FEMA websitee at�httpps:Nwww.fema.govinnational-flood-insurance-program. Patrick'RIck'F.Sacblblt,P.E.,Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 17-04-6512R 104 101 STATfa• r � .w,ana Hp ,F m STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY October 18,2021 ORANGE COUNTY Kent Biles Broyhill Wiles 3808 Dunsinane Drive Durham,NC 27707 SUBJECT: Driveway Permit for the Lodges at Chapel Hill Located on SR 1939(Damascus Church Road) Dear Mr. Wiles: Attached for your files is a copy of the Driveway Permit properly executed. The approval of this permit is also subject to the attached special provisions. This permit is valid for one year from the date of approval. A written request is needed for an extension. You will need to submit a request by October 18,2022. This permit approval is for permanent private road connection, Lodge Trail, for The Lodges at Chapel Hill Subdivision accessing Damascus Church Road. This permit approval does not constitute acceptance to the State Maintenance System, signing of plat, or approval for the design and construction of the internal road and structures. In accordance with the General Statute 136- 102.2,this private road is not eligible for the State 11laintenance system unless certain requirements are met. An explanation of these requirements can be found in the current(January 2010)NCDOT Subdivision Roads Manual. When the work has been completed, notify DeAngelo J. Jones by letter at P. 0. Box 766, Graham, NC 27253-0766 so that a final inspection can be made. If you have any questions,please contact Mr. Jones at (336) 570-6833. Sincerely, el.-Cf C. N. Edwards,P.E. DISTRICT ENGINEER Attachments CNE/d j Cc Wright Archer,III,P.E.,NCDOT Division Engineer Orange County McConnelI and Associates,PC D071-068-21-00065 The Lodges at Chapel Hill SR 1939 AgailingAddress: Telephone:(336)570-6833 Location: NC DEPARTMENT OF TRANSPORTATION Fax:(336)570-6876 115 EAST CRESCENT SQUARE DRIVE DIVISION 7,DISTRICT 1 CrtstonrerSerlice: 1-877.368.4968 GRAHAM,NC 27253 PO BOX 766 GRAHAM,NC 27253-0766 WeSsite:www.nedot.gov 102 DRIVEWAY PERA11T SPECIAL PROVISIONS In addition to the requirement Iisted in the pennit,the special provisions below are required for the subject driveway pen-nit: 1. A copy of the permit and the approved plans stamped by NCDOT will be on the site and available for inspection by NCDOT personnel while in construction is on progress. If safety or traffic conditions warrant such an action,NCDOT reserves the right to stop all work unless evidence of approval can be shown. 2. It will be necessary for you or your contractor to notify Mr.DeAngelo J.Jones, Senior Assistant District Engineer, upon receipt of this letter to schedule a mandatory Preconstruction Conference, to provide your anticipated date of starting or to review any flan revisions made by the District Office prior to construction beginning on this permit. Ms.Hayes can be reached at(336) 570-6833 between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. 3. When rvorking within NCDOT right of way, District Personnel, Sbawn Smith, shall be notified twenty- four(24) hours in advance at telephone number(336)570-6833 for inspection at each of the following phases: (A) Drainage, (B) Grading, (C) Placement of base, (D) Paving, (E) Seeding. 4. When the work has been completed, please notify Mr.Jones by leUer at P.O.Box 766,Graham, North Carolina 27253-0766 in order that a final inspection can be made. 5. WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM- Effective July 1, 2010, all flagging operations within NCDOT Right of Way required qualified and trained Work Zone Flaggers. Effective July 1, 2011, qualified and trained Work Zone Traffic Control Supervisors will be required on Significant Projects. Training for this certification will be provided by NCDOT approved training sources and/or private entities that have been pre-approved to train themselves. If you have questions, visit our web site at www.iicdot.org/doli/preconstrtiction/wztc/xvztctrainingpro,gam/default.litml or contact Stuart Bourne, P.E. with NCDOT Work Zone Traffic Control Unit at(919)250-4159 or sbourne e,ncdot.gov. 6. That the party of the second part agrees to provide traffic control devices, lane closures, road closures, positive protection and/or any other warning or positive protection devices necessary for the safety of road users during construction and any subsequent maintenance. This shall be performed in conformance with the latest NCDOT Roadway Standard Drawings and Standard Specifications for Road and Structures and Amendments or Supplements thereto. When there is no guidance provided in Roadway Standard Drawings or Specifications, comply with the Manual on Uniform Traffic Control Devices for Streets and Hi lrg ways and Amendment or Supplement thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. 7. Work requiring lane closure or restrictions will not be allowed between 7:00 am —9:00 am and 4:00 p.m. — 7:00 p.m. Monday through Friday unless otherwise directed by the District Engineer or as shown on the approved plans. 8. Holidays and holiday weekends shall include New Year's, Easter,Memorial Day, Independence Day, Labor Day,Thanksgiving, and Christmas. The contractor shall schedule his work so that lane closures will not be required during these periods,unless otherwise directed by the District Engineer. 9. At least one lane of traffic shall remain open at all times. 103 10. Any work requiring equipment or personnel within 5' of the edge of any travel lane shall require a lane closure with appropriate tapers. 11. The District Office must be consulted if there are any changes in the plans as they were submitted. 12. Any damage to roadway, structures, or associated appurtenances shall be restored to its original condition as directed by the District Engineer. 13. Excavation material shall not be placed on the pavement. Drainage structures shall not be blocked with excavation material. 14. The applicant shall comply with all applicable federal, state and local environmental regulations, and shall obtain all necessary federal, state and local environmental permits, including but not limited to, those related to sediment control, storm water, wetland, streams, endangered species, and historical sites. 15. All suitable backfill material shall be compacted to 9 5% density in the shoulder areas, 100% density under pavement areas and in accordance with AASHTO T99 as modified by the North Carolina Department of Transportation. Note if contractor starts before weather conditions improve, then the existing material removed shall be replaced with suitable material as approved by the District Engineer so that proper compaction can be obtained. Certified compaction test results are to be submitted to the District Engineer upon request. 16. Before planting any landscape within the right of way, the encroaching party shall submit an application for a planting permit to this office. The permit must be approved prior to the installation of any plans. 17. All disturbed areas shall be repaired with the following rate of seed,fertilizer and limestone in pounds per acre, and the areas properly mulched and tacked: 25#Reliant Hard Fescue 100#Alta or Kentucky 31 Tall Fescue 25#Kenblue Kentucky Bluegrass 1000# 5-10-10 Fertilizer 4000#Limestone 18. For your general information: s The$50.00 inspection fee for this driveway connection was paid by check. (Check#17065) 104 A. Driveway ate of 8/24/2021 Permit No. pplication County: Orange Development Name: The Lodges at Chapel Hill Route/Road: Damascus Church Road, Route 1939 ', Exact Distance 0.9 ® Miles N S E W ortatton ❑ Feet ❑ ❑ ❑ ® ty,C.DeAt off"g 71h Div• �visi n i}1ig aY From the Intersection of Route No. 1939 and Route No. Smith Level �t3�cph,�rarahmst Property Will Be Used For: ® Residential/Subdivision ❑ Commercial ❑ Educational Facilities ❑ TND ❑ Emergency Services ❑ Other Property: ❑ is ® is not within City Zoning Area. • I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right- of-way at the above location. • I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on Street and Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of Transportation. • I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT. • I agree that the driveway(s) or street(s) will be constructed as shown on the attached plans. • I agree that that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or speed change lanes as deemed necessary. • I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s) located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction. • I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time specified by the "Policy on Street and Driveway Access to North Carolina Highways". • I agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if application is denied. • 1 agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger the public travel. • I agree to provide during construction proper signs, signal lights, flaggers and other warning devices for the protection of traffic in conformance with the current"Manual on Uniform Traffic Control Devices for Streets and Highways" and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the District Engineer. • I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims for damage that may arise by reason of this construction. • I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to such facilities, within the highway right-of-way limits, in carrying out its construction. • I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any construction proposed on the State Highway system. • The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point. • I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS COMPLETED. 2004-01 NOTE: Submit Four Copies of Application to Local District Engineer, N.C.Department of Transportation TEB 65-04rev. 61-03419 5 'n PROPERTY OWNER (APPLICANT) WITNESS COMPANY $rgyhill Wiles BuildinR and Developing Inc NAME Natasha Wiles SIGNATURE r SIGNATURE ADDRESS 3808 Dunsinane Drive ADDRESS 3808 Dunsinane Drive Durham, NC 27707 Phone No. 9193069959 Durham, NC 27707 AUTHORIZED AGENT WITNESS COMPANY NAME SIGNATURE SIGNATURE ADDRESS ADDRESS Phone No, APPLICATION RECEIVED BY DISTRICT ENGINEER SIGNATURE DATE APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY(when required) SIGNATURE TITLE DATE APPLICATION APPROVED BY DISTRICT ENGINEER n — t<s-2, SIGNATURE DATE INSPECTION BY NCDOT SIGNATURE TITLE DATE COMMENTS: STATE 106 ROY COOPER ,n .�_ emu.°•�,. Secretfar�'_ `� <ccrhF:trit� s . LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality M.ay 3, 2019 t DWR#19-0143 .Orange County Broyhill Wiles Building and Developing, Inc. Attn: Kent Wiles, 3808 Dunsinane Dr., Durham, NC 27707 - Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS The Lodges at Chapel'Hill (f.k.a. Damascus Church Road) Dear Mr. Wiles: You have our approval for the impacts listed below for the purpose described.in your application received by the Division of'Water Resources (Division) on January 29, 2019 with payment received on January 31, 2019 with additional information received on April 17, 2019. These impacts are covered by the.attached Water Quality General Certification Number 4135 t. and theconditions listed below.. This certification-is associated with the use of Nationwide Permit,Number 14 once it is issued to you.by the U.S.Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non- Discharge, and Water Supply Watershed regulations. This 401 Water Quality Certification for DWR#19-0143 replaces the 401 Water Quality Certification for DWR#07-0235 v3 dated'May 4, 2016. This approval, requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions'ofthe Certification are met. 'No other,impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] �dor" ")1iria Depai crr!ent o 1=.rrvir urental Quality IPMsiori of VVAtez,Resot ces i Raleigh ttegl6o al Oftic;t.: i 3800 Bar rett Chive 1 ttaleiiih;lVcxrth Carolina 27f.>(7{� €kt�0f!fE36ti141:EftYlnni3tvkliFdf Sjtfd€>jy _ 919.791.I200,i ` . The Lodges at Chapel Hill 107 DWR#19-0143 401APPROVAL Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Wetlands W1: Road Crossing 0.40 (acres) 0 (acres) Stream S1: Road Crossing-Culvert 60 (linear feet) 0 (linear feet) 2. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case-by-case basis. 3. 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. [15A NCAC 02H .0501 and .0502] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a The Lodges at Chapel Hill 108 DWR#19-0143 401APPROVAL Page 3 of 4 new application package with the appropriate fee. If the property is sold, the new owner must be given,a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested: [G.S. 143-215'.5] This Certification and Buffer Authorization,can be contested as,provided,in General Statute 150B by filing a written petition for an administrative hearing to the Office of.Administrative- Hearings (hereby;known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH.at http://www.ncoah.com/or,by calling the.OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original . and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and,one copy of the petition along with any applicable OAH filing fee is received by the OAH within,_five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by first Class Mail If sen ding,via delivery service via the US Postal Service: (e.g. UPS, FedEx): Office of Administrative Hearings Office of Administrative'Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714- Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality. 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: - If sending by First Class Mail If sending via delivery service via the US Postal Service: . (e.g. UPS, FedEx): Karen Higgins Karen Higgins . NC DWR-401 & Buffer Permitting NC DWR-401 & Buffer Permitting Branch Branch The Lodges at Chapel Hill 109 DWR#19-0143 401 APPROVAL Page 4 of 4 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, ik olich, LG Assistant Supervisor, Water Quality Regional Operations Section Enclosure: GC 4135 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Thomas Purdue via e-mail at tapmacassoc(@bellsouth.net 110 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Engineering / Erosion 131 W. Margaret Lane Control /Stormwater Suite 201 (919) 245-2575 OMNGE COUNTY P. O. Box 8181 (919) 644-3002 (FAX) NORTH CAROLINA Hillsborough, NC 27278 www.orangecountync.gov Mai rtrr .7r. 5e, Ae. Letter of Approval Wednesday, April 08, 2020 Kent Wiles Broyhill Wiles Inc. 3808 Dunsmore Drive Durham,NC 27707 Re: Erosion Control Plan Approval for Land-Disturbing Activity in Orange County,NC Permit Number: EC18-0098 Project Name: The Lodges at Chapel Hill Parcel ID Number: 9777029266 To Person(s) Conducting Land Disturbing Activity: Approval of the Erosion Control Plan for this site is hereby granted. This letter and its attached conditions, approvals, comments and statements becomes part of the approved Erosion Control Plan for this land-disturbing activity. The land-disturbing permit (Erosion Control Permit) will be issued at the Pre-Construction Conference. No timbering, grading, or other land-disturbing activities may occur prior to this conference. Please read the attached Conditions of Approval carefully in order to understand your responsibilities and liabilities. After reading the Conditions of Approval, please sign and return the Letter of Acknowledgement provided. Failure to comply with the erosion control requirements of the Orange County Unified Development Ordinance may result in a stop work order, fines and/or penalties. Sincerely, ezai y 7�. Vert d&t,41 61T Orange County Planning and Inspections Director cbenedict@orangecountync.gov S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 1 111 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Engineering / Erosion 131 W. Margaret Lane Control /Stormwater Suite 201 (919) 245-2575 OMNGE COUNTY P. O. Box 8181 (919) 644-3002 (FAX) NORTH CAROLINA Hillsborough, NC 27278 www.orangecountync.gov Conditions of Approval Permit Number: EC18-0098 Jurisdiction: Orange County Project Name: The Lodges at Chapel Hill PIN or TMBL: 9777029266 Approval Date: April 8,2020 Approval Expires: October 8, 2021 Broyhill Wiles Inc. is listed as the entity responsible on the Statement of Ownership and Financial Responsibility form submitted for this site. (If you are not the owner/developer or other responsible person, please take this opportunity to correct this error as soon as possible; otherwise, you will be considered responsible.) Although you will probably contract someone (a general contractor, grading contractor, subcontractor, etc.) to actually implement and maintain the erosion control plan, it is your responsibility, according to the Orange County Unified Development Ordinance, to see that the requirements of the Ordinance and approved plan are achieved. It is also your responsibility to ensure the approved plan is successful in containing sediment on-site and that all permanent erosion control measures are successful. If these responsibilities are not fulfilled and enforcement and/or legal actions are taken, it will be against Broyhill Wiles Inc., not the grading contractor or other contractor, unless they are the same person or firm. Erosion Control personnel will cooperate with you and your designer and contractor to implement the approved plan and meet the Ordinance requirements. To accomplish this, both you and your agents must take the initiative in contacts with Erosion Control personnel. However, this interaction must not be interpreted as relieving you of any responsibilities and transferring it to the contractor or Erosion Control personnel. Neither should it be construed that Erosion Control personnel are acting as liaison between you and your designer, contractors, or other agents. If problems arise, Erosion Control personnel will suggest solutions.- however these are only suggestions, since Erosion Control personnel will not act as your engineer. If necessary you must employ your engineer or architect to design a solution. We will continue to work with you, your contractor, and designer, and we will contact personnel at the site whenever possible to keep the site in compliance (as long as all of you are responsive). If this approach fails, and you do not take the initiative in responding to requests for compliance, you will be given written notices of violation and enforcement action will be S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 3 112 Conditions of Approval Revised 8/06/14 taken should you fail to respond by the specified deadlines. It is hoped, and is our commitment, that the first approach to inspections and compliance will be successful and that a good working relationship can be established and maintained. In undertaking this land-disturbing activity, be aware of and observe the following requirements of the Ordinance. • PRIORITIES: Erosion and sediment control must be given equal, or greater if necessary, priority with grading, construction, and other efforts to develop the site. At certain times (for example, during initial construction and when repairs and maintenance are required) erosion and sediment control will require more effort to ensure success. • EXPIRATION: Erosion control plan approval expires if work does not begin within 18 months of the date of this letter. The land-disturbing permit expires with the plan approval or two years after work begins. • THE WEATHER: Assume that this site will get at least one 6-hour, 10-year storm event (0.67 inches/hour for 6 hours) and be prepared to handle the resulting runoff and control the erosion it will cause on the site. If your site is located within the Neuse River Basin,then erosion control measures are designed to withstand the 25-year storm. • INITIATIVE: Broyhill Wiles Inc. must take the initiative in implementing the erosion control plan. This includes seeing that the construction sequence is followed, inspecting the installed devices, performing maintenance and installing additional devices when necessary. Do not wait for Erosion Control personnel to discover problems; their function is not to act as your construction inspector but to spot-check the site for compliance with the approved plan. When Erosion Control personnel discover problems and there has been no initiative on your part to make corrections, you will be expected to make corrections immediately,usually within one or two days. • OTHER APPROVALS AND PERMITS: This project must comply with all local, State, and Federal environmental laws. You must have all necessary applicable approvals (i.e., zoning compliance, Department of Transportation, US Army Corps of Engineers, NC Division of Water Resources, sewer and water, etc.) required to begin this project so that work can continue uninterrupted to completion and there are no delays that will increase erosion and sediment generation. If these approvals are not obtained and work is suspended while waiting for them, the site will have to be stabilized until work resumes. If a Land-disturbing permit has not been obtained, it is your responsibility to ensure that it is purchased before work begins. • PROPERTY LINES, CLEARING LIMITS, ETC.: Broyhill Wiles Inc. is responsible for determining where the property lines and clearing limits are, and for staying within those boundaries. You are also responsible for locating, and protecting such things as S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 4 113 Conditions of Approval Revised 8/06/14 setbacks, water quality buffers, absorption field sites, flood plains, protected wetlands, undisturbed areas,trees to be saved,etc. • PERFORMANCE: The Ordinance is performance oriented. If it is determined that sediment damage (sediment lost off site or into streams, water bodies, or buffers) is occurring despite proper implementation and maintenance of the approved plan, it is your responsibility to provide additional sediment trapping and/or erosion control measures. Although the plan has been carefully reviewed, unexpected difficulties may be inevitable, and you must resolve them. • RESTORATION OF AREAS DAMAGED BY SEDIMENT: You will be required to restore waters and land affected if you fail to prevent sediment damage resulting from this activity. This is in addition to any other penalty or injunctive relief. • CHANGES TO THE PLANS OR IN OWNERSHIP: If significant changes are required to the approved plan, then you must have your designer make revisions and submit copies to the Division upon request. If the site plan is revised in any way that affects erosion and sediment control, you must inform us and submit revised plans. If ownership of this project changes and responsibility is transferred to another person, you or the new owner must inform us in writing with pertinent information such as contact name, address, telephone and fax numbers. Otherwise, Broyhill Wiles Inc. will be considered responsible. If you did not supply this office with the names and addresses of all members of your partnership you are responsible for supplying them with copies of this letter and any other correspondence from this office related to this project. • COMPLETION OF DISTURBANCE IN AS SHORT A TIME AS POSSIBLE: Sediment-trapping devices are not 100% effective in removing soil particles from runoff. Therefore, the Ordinance requires that all land-disturbing activities be planned and conducted to limit exposure to the shortest feasible time. To accomplish this requirement construction must be continuous and uninterrupted until completion and permanent stabilization. If construction is interrupted or delayed or the project is abandoned, the site must be stabilized with adequate ground cover. • PROVIDE YOUR CONTRACTORS WITH A COPY OF THE APPROVED PLAN: Make sure your contractor has a copy of the approved erosion control plan, has considered it in their bid,and is prepared to proactively implement the plan. If phases of the plan will be conducted by different subcontractors, Broyhill Wiles Inc. must ensure that their efforts are coordinated so that the approved plan is followed. For example: if the clearing and installation of the sediment trapping devices will be done by different contractors, the clearing must not get ahead of construction of the devices. As stated in the approved plan,the initial clearing must be limited to only that area necessary to gain access to and install the erosion and sediment control devices. S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 5 114 Conditions of Approval Revised 8/06/14 • COORDINATION BETWEEN CONTRACTORS AND SUBCONTRACTORS: You must ensure that sediment and erosion control is coordinated during timbering, clearing, grading, and construction so that controls and devices are maintained and not removed or damaged. If this site is subject to NCG010000, you must adhere to all applicable requirements of that NPDES permit. More on NCGO10000 requirements are mentioned below. • KEEP A COPY OF THE APPROVED PLAN ON THE SITE: The plan must be available to the contractor and inspection personnel. Failure to do so is a violation. • DISPOSAL OF CLEARING AND DEMOLITION DEBRIS AND CONSTRUCTION WASTE: All debris and waste resulting from development of the site (stumps, brush, demolished structures, construction waste, etc.) must be properly disposed of in accordance with local and State regulations. Open burning of trees, limbs, stumps, and construction debris is prohibited. Concrete, stumps and other clearing debris and construction waste must be carried to appropriately permitted landfills. • SITE INSPECTIONS: The Ordinance authorizes Erosion Control personnel to enter the site for the purpose of investigation and inspection. Erosion Control personnel will periodically inspect the site to determine if the approved plan is being implemented and if it is successful. If problems or violations are found, the Erosion Control personnel will attempt to contact site personnel to discuss with them and arrange corrections within a specified time. Also, a written site inspection report will be left with site personnel, in the mailbox on-site, or transmitted in another manner. If you, or your contractor, have questions about the inspection report, contact the Erosion Control personnel immediately- do not wait until the deadline to start asking questions. • COMMUNICATIONS: In addition to leaving inspection reports on-site, a copy will be mailed and/or faxed to Broyhill Wiles Inc.. As the entity responsible for the land- disturbing activity, you should ensure compliance with the approved erosion control plan and see that your contractor corrects violations by the given deadline. Erosion Control personnel are generally in their offices and available by phone between 8:00 and 9:00 a.m. and 4:30 and 5:00 p.m., and have mobile phones as well. Feel free to contact them with any questions or concerns. • PERSONNEL, EQUIPMENT, AND MATERIALS MUST BE AVAILABLE FOR MAINTENANCE AND REPAIRS AT ALL TIMES: Maintenance is a critical element of the erosion control plan needed to ensure that devices continue to operate effectively. You must be prepared to work on the devices when the need arises. In order to do this, you may consider stockpiling certain materials such as stone, sediment fence and wire, etc. S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 6 115 Conditions of Approval Revised 8/06/14 • PREPARING FOR WORK: Before beginning the project, be certain that all necessary materials, such as skimmers, riser structures, pipes, etc., are available and ready for delivery or already on site. • ENFORCEMENT ACTIONS: If there is inadequate response to a verbal request or Notice of Violation, or you fail to properly implement the approved plan, enforcement action will be taken against the Broyhill Wiles Inc. to bring the site into compliance. Actions may include: Stop Work Orders: All work not directly related to erosion and sediment control and bringing the site into compliance, including building construction, must cease until the site is brought into compliance. Revocation of the Land-disturbing Permit: All work not directly related to erosion and sediment control and bringing the site into compliance, including building and home construction, must cease until the site is brought into compliance and another permit is issued. Fines: Up to $5000 per day may be assessed. Fines are the responsibility of Broyhill Wiles Inc.,not your contractor. Injunctive Relief: Legal action will be initiated in Superior Court to restrain the violation and bring the site into compliance. • STABILIZATION: Disturbed areas must be stabilized within 7 or 14 calendar days of termination / completion of any phase of grading per the following guidelines by a temporary/ permanent ground cover sufficient to restrain erosion. Perimeter dikes, swales, ditches,and slopes-7 days High Quality Water Zones- 7 days Slopes 2:1 or steeper- 7 days Slopes between 2:1 and 3:1 greater than 10' in length-7 days Slopes between 2:1 and 3:1 less than 10' in length-14 days Slopes between 3:1 and 4:1 less than 50' in length-14 days Slopes between 3:1 and 4:1 greater than 50' in length-7 days Slopes flatter than 4:1 -14 days As long as grading is not suspended more than the specified time period, the disturbed areas do not have to be stabilized until final grade is reached. However, if work is delayed or suspended for more than the specified time period and you are given a written notice to stabilize it, grading the area again does not allow you to disregard the notice. If an area is to be worked again, it must be graded and stabilized by the given deadline. When construction is completed, all disturbed areas must have a permanent, stabilizing ground cover applied within the specified time period. S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 7 116 Conditions of Approval Revised 8/06/14 The intent of this requirement is to limit erosion by completing the disturbance and stabilizing disturbed areas in as short a time as possible. To avoid stabilizing the same area several times, schedule work so that grading and other construction are coordinated. When a particular area is finished, permanently stabilize it immediately instead of waiting until the end of the project to stabilize the entire site at once. • SUCCESS OF PERMANENT MEASURES: These measures (vegetation, other types of stabilization, channel linings, energy dissipaters, etc.) must be successful in restraining erosion. For example: If an annual plant (such as annual ryegrass) is used instead of a perennial for permanent stabilization, it is the responsibility of the owner to reseed and establish a permanent vegetative cover when the annual fails after one season. If vegetation in a ditch or channel fails to survive and establish a permanent cover so that erosion is restrained, then some other type of lining, such as matting or stone, must be provided by the owner. • MAINTENANCE OF PERMANENT MEASURES: Maintenance is the responsibility of the owner except those measures in a street or utility right-of-way accepted by a government agency. • APPEALS: You have the right to appeal the following: disapproval of the erosion control plan; modifications to the erosion control plan; any conditions of approval; and enforcement actions. Procedures are outlined in Section 2.26 of the Ordinance. Hearings are conducted by the North Carolina Office of Administrative Hearings. • NCG010000: As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project. The NOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the NOI form to Annette Lucas at Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark@ncdenr.gov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCG01 permit. However, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. Title 15A NCAC 4B .0118(a) and the NCG01 permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCG01 permit and the COC, once it is received. 3. Records of inspections made during the previous 30 days. Conditions of Approval Particular to this Site S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 8 117 Conditions of Approval Revised 8/06/14 Several conditions specific to this project must be met as conditions of approval for the erosion control plan,before any work may begin. These are discussed below. 1. LAND-DISTURBING PERMIT: A Land-disturbing Permit must be purchased before any work begins. Failure to do so will subject you to enforcement actions that may include civil penalties of up to $5,000.00 per daebeginning on the date of detection and continuing until the violations are corrected. It is your responsibility to ensure that the Permit is purchased. In addition to the Permit fee, if applicable, the stormwater fee and plan review fee must be paid in full. The remaining fees to be paid for this project total $5,988.42. 2. BEFORE any land-disturbing activity can begin you must acknowledge in writing that you have read this letter, understand its requirements and implications, and are prepared to ensure that you, your contractors, agents, etc. will observe these requirements. A letter of acknowledgment is included. 3. This approval is based upon plan dated 2/18/2020, which indicates a maximum disturbed area of 10.02 Acres. 4. Contact Steve Kaltenbach at (919) 245-2588 to schedule the pre-construction conference. Typical attendees are the Owner and/or Representatives, Erosion Control Design Engineer,General Contractor and Grading Contractor. We look forward to working with you toward the successful completion of this project. If you have questions about this letter or project, do not hesitate to contact Erosion Control personnel at the telephone number in the letterhead. Failure to appeal these conditions in writing within 15 days after receipt of this letter, or initiation of land-disturbing activity, signifies your acceptance of these conditions of approval of the erosion control plan and your intention to observe and implement the conditions. S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 9 118 Conditions of Approval Revised 8/06/14 Letter of Acknowledgement Engineering/ Erosion Control / Stormwater Division Orange County Planning and Inspections Post Office Box 8181 Hillsborough,NC 27278 Re: Acknowledgment of Receipt and Reading of Letter of Erosion Control Plan Approval for: Project Name: The Lodges at Chapel Hill Permit Number: EC18-0098 Parcel Number: 9777029266 To whom it may concern: 1, a person with authority to execute instruments for The Lodges at Chapel Hill, acknowledge that I have received this letter and the Conditions of Approval attachment, have read them, understand the requirements, and am prepared to ensure that my contractors, agents, etc. will observe these requirements and the approved erosion control plan. I also acknowledge that I am ultimately responsible for compliance with the approved erosion control plan and the Ordinance,and for ensuring that the plan is successfully implemented. Please note that this site may have additional requirements regarding stormwater runoff during construction as noted below: Kl , 1�- Signature Date Please Print Name and Title Legibly S:\5_Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work 18\Orange\The Lodges at Chapel Hill\The Lodges at Chapel Hill COA.docx 10 119 ORANGE COUNTY PLANNING and INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Erosion Control Division dn,n .f 0 ee v ell- RECEIPT RECEIPT NUMBER: R18-004504 To: BROYHILL WILES BLD&DEV,INC APD#: EC18-0098 TYPE: Erosion Control Application TMBL: PROJECT NAME: The Lodges at Chapel Hill PARCEL: 9777029266 TRANSACTION DATE: 11/12/2018 TOTAL PAYMENT: 2,521.44 TOTAL PAID FROM CURRENCY: 2,521.44 TRANSACTION LIST: Type Method Description Amount Payment Check 103054 2,521.44 Total : 2,521.44 ACCOUNT ITEM LIST: FEE DESCRIPTION ACCOUNT CODE CALCULATED FEES ------------------------ ------------ --------------- S&E INTENSE URBAN PLN RV 10625003-430 2,521.44 Total : 2,521.44 Balance Due: $0.00 RECEIPT ISSUED BY: SKALTENBACH INITIALS: SK ENTERED DATE: 11/12/2 018 TIME: 11:10 AM Please retain this receipt for your records. 120 ORANGE COUNTY PLANNING and INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Erosion Control Division dn,n .f 0 ee v ell- RECEIPT RECEIPT NUMBER: R18-004505 To: BROYHILL WILES BLD&DEV,INC APD#: EC18-0098 TYPE: Erosion Control Application TMBL: PROJECT NAME: The Lodges at Chapel Hill PARCEL: 9777029266 TRANSACTION DATE: 11/12/2018 TOTAL PAYMENT: 500.00 TOTAL PAID FROM CURRENCY: 500.00 TRANSACTION LIST: Type Method Description Amount Payment Check 103072 500.00 Total : 500.00 ACCOUNT ITEM LIST: FEE DESCRIPTION ACCOUNT CODE CALCULATED FEES ------------------------ ------------ --------------- S&E INTENSE URBAN PLN RV 10625003-430 2,521.44 STORMWATER MGMT PLAN 10625003-430 500.00 Total : 500.00 Balance Due: $0.00 RECEIPT ISSUED BY: SKALTENBACH INITIALS: SK ENTERED DATE: 11/12/2 018 TIME: 11:13 AM Please retain this receipt for your records. 121 Attachment 4 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date of Meeting: [TBD] Name of Subdivision: The Lodges at Chapel Hill Subdivision Owners: Broyhill Wiles Building and Developing Inc. Applicant: Broyhill Wiles Building and Developing Inc. The Board of County Commissioners hereby approves a modification to RES2010-028 which approved The Lodges at Chapel Hill Preliminary Plat. Section B.1 of the Resolution is hereby approved to read as follows: B. Roads and Access 1. The owner/applicant shall, prior to the approval and recording of the Final Plat, construct the private road (including any intersections and alignments), to, at a minimum, Class A private road standards, as contained in Section 7.8.5 of the Orange County Unified Development Ordinance. OR The owner/applicant shall submit a letter of credit or cash bond to secure construction of the above private road improvements. The estimate shall be submitted by a certified/licensed engineer, grading contractor or other individual qualified to calculate the cost to complete the improvements according to approved plans and specifications, who has no direct or indirect ownership interest in the subdivision. The financial guarantee shall reflect one hundred ten (110) percent of that construction cost estimate and an accredited financial institution licensed to conduct business in North Carolina shall issue such financial guarantee. The financial guarantee shall be effective for 372 days after the County Manager signed the Certificate of Improvements. The document describing development restrictions to be recorded with the Final Plat shall state that the County shall not release the financial guarantee until the inspections and certifications listed in Section 7.8.5(F) of the Orange County Unified Development Ordinance have been received by the Planning Director. All other Sections, including the remaining subsections of B, remain in effect as written in RES-2010-028. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that Section B.1 of RES-2010-028 is hereby amended as shown above. 122 Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the day of 2022. I, Laura Jensen, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2022 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2022. Clerk to the Board of Commissioners