Attachments to Declaration of Covenants, Conditions and Restrictions for Trinity Square

ATTACHMENTS TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRINITY SQUARE TOWNHOMES

EXHIBIT A

Being all of that property containing 4.80 acres, more or less, and shown on map entitled "TRINITY SQUARE TOWNHOMES, PHASE 1, SECTION A", said map having been prepared by Riley Surveying, P. A, and now on file in the Office of the Register of Deeds of Wake County in Book of Maps 1997 at page 1637, to which map reference is hereby made for a more particular description of same.

EXHIBIT B

Being all of that tract designated "TRACT 4, 9.749 ACRES", on map entitled "Property of TRINITY ASSOCIATES, LLC", said map having been prepared by Irvin A. Staton, R.L.S., dated 2-22-96 and now on file in the Office of the Register of Deeds of Wake County in Book of Maps 1996 at pages 252 and 253, to which map reference is hereby made for a more particular description of same.

EXHIBIT C

Budget for Retainage/Detention Pond
(Refer to Operations and Maintenance Manual for detailed instructions on the following)

1. I. Monthly or after every runoff producing rainfall, whichever comes first:
2. A. Remove debris from trash rack.
3. B. Check and clear orifice of any obstruction.
4. C. Check pond side slopes; remove trash, repair eroded areas before next rainfall.
5. D. Check existing vegetation downstream of the pond for erosion.

1. II. Quarterly
2. A. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear accumulated trash from basin grates and basin' bottoms and check piping for obstructions.
3. B. Check pond inlet pipes for undercutting. Repair if necessary.
4. C. Repair any broken pipes.
5. D. Replace rip rap that is choked with sediment.

1. III. Semi-annually
2. A. Remove accumulated sediment from bottom of outlet structure.
3. B. Check pond depth at various locations. If depth is reduced to below 75% of original design depth, remove sediment to original design depth.
4. C. Reseed grasses swales twice yearly.
5. D. Inspect pond for floating, submerged and emergent growth and remove as necessary.

1. IV. General
2. A. Mow side slopes according to the season. Maximum grass height to be six (6) inches.
3. B. Cattails are encouraged around the perimeter, however, they are to be removed when they cover tile entire surface of the pond.
4. C. All components of impoundment system to be in good working order.
5. D. Activate emergency drain valve annually to ensure operation.
6. E. Perform a visual internal inspection of tile riser/barrel assembly and check for staining, seepage, or cracks.
7. F. Perform visual check periodically for beavers, muskrats, and rodents and treat as appropriate.

The Homeowners' Association budget for the retention/detention pond shall provide $2,400 annually for the above. The funding is covered by Article 5 Sections 2-4 of the Declaration of Covenants, Conditions, and Restrictions for Trinity Square Townhomes.

Construction cost of the retainage/detention pond in 1997 dollars was $26,842. Useful life of the improvements to the pond are expected to be 40 years. Fifteen years prior to the end of the useful life of the improvements (the year 2022), the Homeowners' Association shall begin setting aside one fifteenth the cost to replace the improvements (or $1790 in 1997 dollars) each year in order to fund replacement of the improvements.

EXHIBIT D

OPERATIONS and MAINTENANCE MANUAL for PERMANENT WATER QUALITY POND at TRINITY SQUARE TOWNHOMES

OWNER: TRINITY SQUARE TOWNHOME HOMEOWNERS ASSOC.

1001 EDWARDS MILL ROAD

RALEIGH, NC 27607

DOCUMENT PREPARED BY:

HUGH J. GILLEECE, III, and ASSOCIATES, PA

875 WALNUT STREET, STE 350

CARY, NC 27511

469-1101

Summary: This document is intended to provide the homeowners association of Trinity Square Townhomes information needed to maintain and operate the permanent water quality pond located in Trinity Square Townhomes.

Table of Contents:

Section 1: Pond construction, materials, and contractors associated with construction.

Section 2: Maintenance of embankments and spillways.

Section 3: Maintenance of upstream and downstream vegetation.

Section 4: Aquatic vegetation control.

Section 5: Rodent control.

Section 6: Inspection for seepage and/or piping.

Section 7: Inspection for cracks, slides, and settlement.

Section 8: Maintenance of spillway and control structure.

Section 9: Dam operation and cleanout schedule.

Section 1.  Section 1. Pond construction materials and contractors associated with pond construction.

Section 2.  1.1. The pond (technically known as a water quality pond) was designed and built in order to comply with the zoning ordinances of the City of Raleigh, Wake County, North Carolina. Construction of the pond began with excavating the earth to create a depression used to store a certain volume of stormwater. The excavated material was then moved to a location that was suitable for construction of an embankment immediately downstream of the depression. Earthen material used for embankment construction included only soils specified and approved by the design engineer or his appointed representative. Soils for embankment construction were deposited in lifts of approximately 4 inches and then compacted with mechanical equipment to prevent seepage of water through or under the embankment. Once the embankment was constructed, a hole was bored through the embankment for installation of the barrel assembly (see as built sheet provided). At the same time, a concrete pad was poured to provide a base on which to construct the riser assembly. After the concrete base and barrel assembly were constructed and completed, the riser assembly was installed including emergency drain valve, concrete trash rack, and drawdown device. Once the pond was finished as specified on the construction drawings, the design engineer was contacted to inspect and approve the water quality pond provided all specifications were met or exceeded.

Section 3.  1.2. Materials used far pond construction are as fallows:

Section 4.  A) Soils – Suitable clay materials for embankment construction to be evaluated by engineer. Prior to any fill placement, subgrade shall be proofrolled. Slope and geometry of embankment specified on plans.

Section 5.  B) Barrel Assembly – 24" Reinforced Concrete Pipe with watertight joints. Provided by Blackmon and Associates.

Section 6.  C) Riser Assembly – 60" Reinforced Concrete Pipe with watertight joints. Provided by Blackmon and Associates.

Section 7.  D) Trashrack – Inverted 8' diameter manhole base. Provided by Blackmon and Associates.

Section 8.  E) Emergency Drain Valve – 8" gate valve complete with stem for actuation. Provided by Blackmon and Associates.

Section 9.  1.3. The contractor responsible for installation and construction of the pond is Blackmon and Associates (contact person is Jerry Blackmon). The Engineer responsible for the design of the pond is Hugh J. Gilleece. III, and Associates, PA, 875 Walnut St, Cary, NC, 27511. 1-919-469-1101 (contact person is Jeff Dunn).

Section 10.  Section 2. Maintenance of embankments and spillways.

Section 11.  2.1. Grass or turf areas.

Section 12.  A) Seed and fertilize any bare or eroded areas according to seeding specifications on design drawings detail sheets.

Section 13.  B) Areas with turf or grass shall be mown regularly. Turf height shall not exceed 6".

Section 14.  C) Visual inspection of turf areas shall be made at least twice a year during the months of March and September for potential bare areas, areas of poor drainage, weed intrusions t and burrowing. Inspection records shall be maintained detailing inspection operations. Photographs shall be taken during all inspections to supplement the written material. Report major damage of vegetative cover to Civil Engineer.

Section 15.  2.2. Rip-rap channels

Section 16.  A) Stone or rip-rapped lined channel shall be kept clean and free of trash or debris. Any vegetation growing within channels shall be eliminated. Filter liner under stone shall be inspected far tears or punctures. Replace filter liner as directed by Civil Engineer.

Section 17.  B) Channel shall be inspected at least three times a year and after significant rainfall events. Stone shall be replaced if displaced during washouts, theft, or vandalism. Replacement stone shall be at equal or greater size. Remove any soil or sediment buildup that restricts or retards flow through channel.

Section 18.  C) Channel geometry shall remain consistent with the design plans. Any changes to channel design shall be reviewed and approved by Civil Engineer.

Section 19.  2.3. Damaged areas within embankments of spillway shall be repaired and reseeded. as necessary, according to grading and seed in a specifications. Rills and gullies shall be filled with suitable soil and compacted prior to seeding (the upper 4 inches shall be topsoil). Any holes from vegetative removal must be filled, compacted, and grass cover shall be established, Report any major damage of spillway or embankments to Civil Engineer immediately.

Section 20.  Section 3. Maintenance of upstream and downstream vegetation.

Section 21.  3.1. Upstream areas

Vegetation shall be established in bare areas, in the immediate area of pond to promote settling of sediments prior to pond deposition, and to minimize erosion.

Section 22.  3.2. Downstream areas

Existing vegetation downstream of the embankment shall be, inspected annually, and after severe rainfall events for erosion damage. Revegetation shall be provided, as required, at the direction of the Civil Engineer.

Section 23.  Section 4. Aquatic vegetation control.

Section 24.  4.1. Inspect pond areas twice a year for floating, submerged, and emergent growth. Control vegetation according to recommendations of NC Agriculture Extension Service, with herbicides or other methods approved for use in and/or adjacent to water.

Section 25.  Section 5. Rodent control.

Section 26.  5.1. Groundhog control: Inspection for burrows shall take place during the spring. Groundhogs shall be controlled by a licensed exterminator.

Section 27.  5.2. Muskrat control: Inspect annually for muskrat burrows. Muskrats shall be controlled by a licensed exterminator.

Section 28.  5.3. Beaver control: Inspect for and remove cuttings placed in spillways. Trapping may be done, as required.

Section 29.  5.4. Burrow filling: Any burrows discovered shall be filled by packing flowable and compactable material and then tamping firm to match existing grade of surrounding ground. Reseed area if large disturbance is required.

Section 30.  Section 6. Inspection for seepage and/or piping.

Section 31.  6.1. Inspection

Inspect for boils, piping, or sinkholes. If these conditions appear along embankment, consult Civil Engineer immediately. If sinkholes are observed, emergency procedures (including possible downstream evacuation) must be implemented immediately.

Section 32.  6.2. Lake level

A continuous or sudden drop in the normal pond level may be an indication that seepage is occurring. In this case, one or more locations of flowing water are usually noted downstream of the embankment. The condition itself may not be a serious problem, but will require frequent and close monitoring and professional assistance.

Section 33.  Section 7. Inspection for cracks, slides, and settlements.

Section 34.  7.1. Cracks

Section 35.  A) Inspection. The entire embankment must be closely inspected for cracks. Short, isolated cracks are not usually significant but larger (wider than 1/4 inch), well-defined cracks indicate serious problems.

Section 36.  B) Transverse cracks. Transverse cracks appear across the entire embankment and indicate differential settlement within the embankment. Such cracks provide avenues for the seepage of water. Consult Civil Engineer immediately should such cracks appear.

Section 37.  C) Longitudinal Cracks. Longitudinal cracks run parallel to the embankment and may signal the early stages of a slide or a slump an either face of the embankment. Consult Civil Engineer immediately if these cracks appear.

Section 38.  D) Control. Small cracks shall be documented and examined by the Civil Engineer and then sealed. The seal will prevent water from entering the cracks, causing saturation of embankment material, and possibly triggering a slide or other serious problem. After the cracks have been sealed, the areas shall be monitored frequently to determine if more movement is still occurring. Continued movement or cracking is an indication of a more serious problem such as a slide.

Section 39.  7.2. Slides.

Section 40.  A) Inspection. Arc-shaped cracks in the embankment are indications that a slide or slump is beginning. These cracks soon develop into larger scarps at the top of the slide.

Section 41.  B) Control. If a slide develops in the embankment, the Civil Engineer shall be contacted and the pond shall be drained immediately. The scarp hall be sealed at the direction at the Civil Engineer to prevent rainfall and surface runoff from lubricating the interior slide surface.

Section 42.  C) Slides in spillway or outlet areas. Slides in these areas shall be removed immediately. Shallow surface slides can be repaired by removing the slide material and rebuilding the slopes to the original grade with well compacted pervious material.

Section 43.  7.3. Settlement.

Settlement shall be monitored by measuring the differences in elevation between a problem area and permanent reference monuments located away from the embankment. Serious settling problems shall be brought to the attention of the Civil Engineer.

Section 44.  Section 8. Maintenance of riser/barrel assembly.

Section 45.  8.1. Riser/barrel assembly

Section 46.  A) Concrete inspection. Concrete surfaces shall be examined for spalling and deterioration due to weathering, stress, chemical action, erosion, cavitation, vandalism, and other destructive forces. Structural problems are indicated by cracking, exposed reinforcement bars, areas of broken indicate internal rusting and deterioration of reinforcement steel. If any of the above problems are seen or noted, contact Civil Engineer immediately.

Section 47.  B) Emergency drain valve. The 8 inch gate valve shall be actuated once every year at a minimum to insure it is working correctly. Drain can be opened by standing on tap of trash rack and turning actuating wheel in a counter clockwise motion. After closing valve I monitor barrel flows to determine if any leakage is occurring.

Section 48.  C) Trashrack. Maintenance shall include a monthly check to ensure that debris is not accumulating between trashrack and riser assembly. Remove all debris in this area and around anti-vortex hole. Contact Civil Engineer should the trashrack overturn.

Section 49.  D) An internal visual inspection may be initiated by entering structure through the barrel device. This should be done at least once a year. Inspect joints along barrel and within riser assembly to determine if any seepage or leaking is occurring. Staining of interior pipes may be an indication that seepage is occurring within the riser/barrel assembly (dropping of pond water levels may also be an indication of a leaking structure). It is advisable that an outlet guard be installed at the outlet barrel to keep out vermin and/or children.