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HomeMy WebLinkAboutSW8000317_HISTORICAL FILE_20040920STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW d(lu3I ✓I DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD [Fwd: Moosehaven Business Park] Subject: [Fwd: Moosehaven Business Park] From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Mon, 20 Sep 2004 12:11:15 -0400 To: John Pierce <jpierce@onslowonline.net> CC: Dave Newsom <crystal coasteng@bi zec.rr.com> John: In addition to my previous email, please also provide a copy of the recorded deed restrictions. Linda Subject: Moosehaven Business Park From: Linda Lewis <Linda.Lewis@ncmail.net> 0 Date: Mon, 20 Sep 2004 11:08:06 -0400 To: John Pierce <jpierce@onslowonline.net> CC: Dave Newsom J<Crystalcoasteng@bizec.rr.com> John: I received an offsite application for the Texas Roadhouse Restaurant, Lot 2 in the recently permitted Moosehaven Business Park. Due to recent compliance problems at a few of your other projects, I am unable to issue the Texas Roadhouse permit until the Moosehaven pond is certified as being complete and operational. This includes.stable and grassed 3:1 side slopes, planted wetlands shelf, and a functioning outlet structure with correct elevations and orifice. Please forward the completed designer's certification for SW8 044317Mod. as soon as possible to continue the review of the Texas Roadhouse permit application-. Linda t�J Content -Type: message/rfc822 Moosehaven Business Park Content -Encoding: 7bit 1 of 1 10/4/2004 3:50 PM RECEIVED Design Calculations AL Stormwater Treatment Facilities JUL 200 148 for DWQ x ' Moosehaven Property Owners Association PROD # SW _90CXa3f? NOQ �•!�' �,�`' ~ (Business Park at US 17 at Moosehaven Road) K. N located in l 1 l ll�l��t`,}` -7 j 1� 0a Jacksonville, N.0 1. PROJECT LDESCRIPTION The Project consist of a proposed mixed use business park consisting of 5.00 Acres 2. COMPUTE POND AREA REQUIRED a. Compute Percent Impervious: Impervious Areas On -Site Buildings On -Site Streets On -Site Parking On -Site Sidewalks Other (reserve) Off -site Total Total Area Drainage to Pond: Percent Impervious = b. Compute Pond Surface Area 0.812 or Proposed 0 177,881 81.2 % Total 70,729 SF 0 SF 94,161 SF 7,804 SF 2,988 2,199 177,881 SF 219f007 SF Using Surface Area to Drainage Area Ratio Chart for 90% TSS Removal (copy attached) and assuming 6 foot pond depth: 4.67r2 % (interpolated) Therefore: Surface Area = SAIDA x Drainage Area = 10,232 SF say SF c. Compute Minimum Pond Dimensions 'r r �,, ' J� F, :� 1, s ' ' �,: ` t,\ �� :7� i w � �. 4.i- Assume rectangular shape with 3:1 Length (L) to Width (W) Ratio: Length = 178.89 feet Width = 59,63 feet Site conditions, however, dictate irregular shaped pond: Hydr. Length = ' ' k2;1ff.3�feet so, Hydr. Width 49.1 feet (avg) Actual L/W = 4.4 (irregular shape) 3. DETERMINE VOLUME TO BE CONTROLLED FROM 1" STORM Using Schuler "Simple Method": Rv = 0.05 + 0.009(I) where I = percent impervious Rv = 0.781 in/in Control Volume = Design Rainfall x Rv x Drainage Area Control Volume = 14,254 CF 4. DETERMINE REQUIRED STORAGE DEPTH Assume: 3:1 side slopes solving for depth (d) by trial & error: d = 1.25 5. DETERMINE ORIFICE SIZE say 1y4!500 CF Control Volume must be drawn down over a 2 day - 5 day period. Using orifice equation, solve for Diameter (D) that results in 3-1/2 day period: D = (Q / 0.026 (h)-)-5 Where: Q = (Control Volume / 3.5 days x 86,400 sec/day) = 0.048 cfs h= d / 2 = 0.63 Solving for D: D = 1.53 Use 1.50 " pipe Actual Drawdown with actual drawdown pipe diameter (using orifice equation): l - �A'J 1 c .�._ Q= 0.046 cfs Draw Down Period = 3.63 days OK, < 5.0 6. SELECT OUTLET STRUCTURE DIAMETER Size outlet structure such that depth of Q10 flow <1.0 feet: Using Rational Formula (Q=CIA) where: Cimper = 0.85 Cpery = 0.2 Ccum = 0.8 110 = 7.50 inlhr A = 5.03 ac Q10 = 30.17 cfs Assuming 112 circumference is used as weir and using Francis Formula (Q=3.33LH"s) to solve for L such that H = 1.0: L = 9.06 Feet Use 60 inch diameter outlet structure 7. DETERMINE Q10 STAGE 010 = 30.17 cfs Using Francis Formula (Q=3.33LH''S solve for H: H10 = 1.10 feet 8. DETERMINE Q100 STAGE (ELEV. OF EMERGENCY SPILLWAY) Using Rational Formula (Q=CIA) where: Ccum = 0.80 1100 = 9.50 inthr A = 5.03 ac Q100 = 38.21 Using Francis Formula (Q=3.33LH'-5) solve for H: H100 = 1.29 feet 9. DETERMINE Q100 STAGE OVER EMERGENCY SPILLWAY (TOP BERM ELEV.) Assume primary spillway blocked (i.e., emergency spillway to accommodate Q100) Emergency spillway shall be a broad crested earthem weir designed to pass 100 year storm. Using broad crested weir equation H = (QICw x L)2"3 where: Q = Q100 38.21 cfs Cw = 3.0 Length = 25 feet H = 0.64 feet 10. FOREBAY SIZING Compute Actual Pond Volumes (using average end method): Main Bay Volume: Pond Bottom Bottom Veg Shelf Normal Pond Main Bay Volume = Forebay Volume: Pond Bottom Normal Pond Forebay Volume = Total Pond Volume = Forebay Volume equates to Avg Incr. Incr. Cum. Elevation Area SF Area SF Depth (FT) Vol (CF) Vol (CF) 31.00 1,663 35.33 4,576 3,120 4.33 13,507 13,507 37.00 8,808 6,692 1.67 11,176 24,683 24,683 CF Elevation Area SF Area SF Depth (FT) Vol (CF) Vol CF 31.00 373 37.00 1,869 1,121 6.00 6,726 6,726 6,726 CF 31,409 CF 21.4 % of Total Volume Temp. Storage Volume: Elevation Area SF Area (SFj Depth (FT) Vol (CF) Vol (CF) Normal Pond 37.00 10,677 Temp. Pond Level 38.25 12,695 11,686 1.25 14,608 14,608 Temp. Pool Volume = 14,608 CF 10 Yr Storage Volume : Elevation Area SF Area SF Depth (FT) Vol (CF) Vol CF Temp Pond Level 38.25 12,695 Temp. Pond Level 39.35 14,543 13,619 1.10 14,981 14,981 Temp. Pool Volume = 14,981 CF 11. SUMMARY Pond Elevations: Top Berm (minimum) 100-Yr. Flood 10-Yr. Flood 1-inch Storage H= 0.64 rwr13MER storage depth = 125 Permanent Pool pond depth = 6 Pond Bottom 12. WET DETENTION BASIN SUPPLEMENT Basin Bottom Elevation 31.00 Perm, Pool Elevation 37.00 Temp. Pool Elevation 38.25 Perm Pool Surface Area 10,677 SF Drainage Area 5.03 AC Impervious Area 4.08 AC Perm. Pool Volume 31,409 CF Temp Pool Volume 14,608 CF Forebay Volume 6,726 CF SA/DA 4.672 Diameter of Orifice 1.50 Design Kaintall 1- Design TSS Removal 90% Relative Actual 9.18 40.18 8.54 39.54 (emerg. weir elev) 8.35 39.35 7.25 38.25 (primary weir elev) 6.00 37.00 (invert out elev) 0 31.00 f 09/23/2004 06:20 P.O. Box 1685 Jacksonville, NC 20541 910-346-1210 30HN L PIERCE i JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING- MAPPING OFFICE: 910-346-9800 FAX NO.- 910-346-121 0 E-MAIL: jpierce0onslowonline,net DATE: --��/o 14�4�z FAX NO. (910) 346-1210 TO: 'FROM: NUMBER OF COPIES INCLUDING THIS PAGE CJ I .,I_ REMARKS: PAGE 01 409 Johnson Blvd. Jacksonville, N.C.28540 LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase I Environmental Audit / Risk Aseeasmont 09/2312,004 06:20 910-346-1210 JOHN L PIERCE PAGE 02 C J�­ C;D STATE OF NORTH CAROLINA COUNTY OF ONSLOW liff��llllflf llllllllf�llflllllllllfllllfl�llfl��ll�lllff 111�� �f f 1111IIII�f 1 Doc ID: 000244400009 TVAe: CRP Recorded: 09/20/1004 at 10117:45 Aft Fee Amt: $38.06 Page 1 of 9 Onslow County, NC Mildred M Thomas Register of Deeds IRK2319 Po954-962 DECLARATION OF RIGHTS, COVENANTS, RESTRICTIONS AND EASEMENTS THIS DECLARATION OF RIGHTS, COVENANTS, RESTRICTIONS AND EASEMENTS is made and entered into this 20th day of September, 2004, by BLACKJACK INVESTORS, LLC, a North Carolina limited liability company (hereinafter referred to as "Declarant"); WITNESSETH: WHEREAS, Declarant is the fee simple owner of that certain tract or parcel of land situated on US Highway 17 at the intersection of Moosehaven Road in the City of Jacksonville, Jacksonville Township, Onslow County, North Carolina, being moire particularly described as follows: Being all of the property shown on a map entitled, "Final Plat, Showing MOOSEHAVEN BUSINESS PARK", dated July 20, 2004, prepared by John L. Pierce & Associates, P.A. and recorded in Map Boob 47, Page 36, Slide L-416, in the office of the Register of Deeds of Onslow County, North Carolina, (hereinafter referred to as the "Recorded Plat"). Being the same property described as Tract 1, containing 5.0 acres, as shown on a. map entitled; "Recombination Survey Showing ED BROWN & ALICE BROWN ESTATE" dated October 6, 1999, prepared by John L. Pierce -Surveying and. recorded in Map Book 3 S, Page 15 1, Slide K.-377 in the office of the Register of Deeds of Onslow County, North Carolina. The above described real estate being hereinafter referred to as the "Property"; and WHEREAS, Declarant has submitted its plan for the subdivison of the Property into the . three (3) commercial lots (hereinafter individually referred to as a "Lot" and collectively referred' to as the "Lots"), together with the construction of a detention pond (hereinafter referred to as the "Detention Pond"), drainage, utility and accessway casements, providing for easements, cross- (,g36766•1•DOC:) 09/23!2004 06:20 910-346-1210 JOHN L PIERCE PAGE @3 i access and cross -parking between and among the Lots for the mutual use and benefit of ;the Owners thereof. as more particularly shown and described on and in accordance with that certain Conceptual Plan entitled "Conceptual Plan Showing, MOOSEHAVEN BUSINESS PARK." dated March 29, 2004, with a final rei-ision dated May 26, 2004, prepared by John. L. Pierce & Associates, P-A., a copy of which is attached hereto and marked Exhibit "A", hereinafter referred to as the "Site Plan''; and WHEREAS, it is the desire of the Declarant to provide for certain reciprocal rights, easements; conditions, cotenants and restrictions affecting the Property as set forth in this Declaration of Rights, Conditions, Covenants, Restrictions and Easements (hereinafter this "Declaration"). NOW, THEREFORE, for and in consideration of the mutual covenants existing or hereafter to exist, the Declarant, for itself, its successors and assigns, and the Owners, hereby declares that all of the Property above described 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 Property, and be binding on the Owners and any and all parties having any right, title or interest in and to the Property or individual Lot, or any part thereof, and shall inure;:to the benefit of the Declarant, the Owners, and their respective grantees, ground lessees, successors and assigns. h l ARTICLE I. S DEFINNITIONS Section 1. "Association" shall mean and refer to MOOSEHAVEN PROPERTY OWNERS' ASSOCIATION, INC.. a North Carolina nonprofit corporation, its successors and assigns. Section 2. "Lot" shall mean and refer to any individual lot described as Lot 1, 2, or 3 of Moosehaven Business Park as shown on the Site Plan. t .Section 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title tq any Lot, including contract sellers, but excluding those having an interest merely as security for,the performance of an obligation. Section 4. "Common Area" shall mean and refer to Lot 4. Section 5. "Member" shall mean each O,Amer or other person or entity holding a membership in the Association. ARTICLE II. PROPERTY RIGHTS .Section 1. Owners' Easements of EgjoLment. Each Owner shall have and is hereby granted a right and easement of enjoyment and use in and -to the Common Area, and Retention Pond located therein for the purpose of storrnwater drainage from his respective Lot to the (MS6766a.1)M ) 2 09/23/2004 06:20 910-346-1210 JOHN L.,PIERCE PAGE 04 Retention Pond which easement shall'be appurtenant to and shall pass with the title to each Lot; subject to the following provisions: (a) the right of the Association to charge to each Owner its Proportionate Share of the reasonable fees for the cleaning, maintenance and repair of the Retention Pond, -and any and all improvements and landscaped areas within the boundaries of the Common Area; (b) the right of the Association to suspend the voting rights of any Owner for any period during which any assessment a'ainst his Lot remains unpaid beyond any applicable grace or cure period; } ' (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless and until an instrument agreeing to such dedication or transfer is signed by two-thirds of the Members and has been recorded. Section 2_ Delegation of Use. Subject to and in accordance with the By -Laws of the Association, any Owner may delegate, convey, sell or transfer his right of enjoyment and use in and to the Common Area, the Retention Pond and the other improvements located thereon to any such tenant or contract purchaser in possession of such Owner's Lot. ARTICLEffl,IIT. MEMBERSHIP AND VOTING RIGHTS Section 1. Owners as Members. Every Owner of a Lot shall be a Member of the Association and subject to any and all assessments imposed by the Association with respect to the Common Area or the Retention Pond. Membership rights, duties and obligations shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Voting. The Association shall have one class of voting membership and each Member shall be entitled to one (1) vote for each Lot owned. When more than one person or entity holds an interest in any Lot, all such persons or entities shall be Members and the vote for such Lot shall be exercised as they determine; but in no event shall more than one (1) vote be cast with respect to any single Lot. G F' ARTICLE IV. COVENANT FOR':iMAINTENANCE ASSESSMENTS Section 1 _ Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot is deemed to covenant and shall pay to the Association: (1) annual assessments or charges (the "Annual Assessment"), and (2). from time to time, special assessments for capital improvements to the Retention Pond `and other areas of the Common Area (the "Special Assessment"), the Annual Assessment and Special Assessment are sometimes collectively hereinafter referred to as the ("Assessments"), such Assessments to be established and collected as hereinafter provided. The Annual and Special Assessments, together with interest, costs, and i MS67664, DOC:) r 3 09/23/2004 06:20 910-346-1210 i JOHN E_ PIERCE PAGE 05 r reasonable attorney's fees, shall be ,a cIYarge upon each record on the Lot and shall be a continuing lien upon any Lot against which each such Assessment is made. Each such Assessment, together with interest, costs and attorney's fees, shall also be a personal obligation of the person or entity who is the Owner of such Lot at the time when such Assessment becomes due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed in writing by such successor in title. Section 2. Purpose of Assessments. The Assessments levied by the Association shall be used 'exclusively for the costs of cleaning, maintenance, repair and pay for any ad valorem taxes or other governmental assessments against the Common Area. Section 3. Maximum Annual _Assessment, .Until January 1, 2006, the maximum Annual Assessment able to be charged by the Association shall be Two Hundred Dollars ($200.00) per Lot. From and after January 1, 2006, the maximum Annual Assessment may be increased each year by not more than five percent (5.0%) above the maximum Annual Assessment for the previous year without a vote of the Members_ Any increase of the Annual Assessment above five percent (5.0%) from the previous year shall require the affirmative vote of two-thirds of the Members at a meeting duly called for such purpose, or with the unanimous written consent of all the Members in lieu of such meeting. The Board of Directors of the Association may fix the Annual Assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital l:merovements. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, irx whole or in part, the cost of any construction, reconstruction, repair or replacement of a the Retention Pond or any other capital improvement in or upon the Common Area, including fixtures and .personal property related thereto i provided that any such Special Assessment shall be approved by a two- thirds of the votes of the Members who, are voting in person or by proxy at a meeting duly called .for such purpose, or by the unanimous «zitten consent of all Members in lieu of such meeting. Section 5_ Notice and Quorum for Any Action Authorized Under Article W, Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action - authorized under Article IV, Sections 31 and 4 shaIl be sent to all Members not. less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of Members or, of proxies entitled to cast seventy-five .percent (75.0%) of the votes shall constitute a quonzm. If the .required quorum is not present, aniother 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 60 days following the preceding meeting. ' Notwithstanding the foregoing, any action authorized to be taken at a meeting of the Members may be taken by the unanimous written consent of all of the Members in`lieu Of s«ch a meeting. (MS67664.t)0C: } 09/23f2004 06:20 91e-346-1210 JOHN L PIERCE PAGE 06 Section 6. Uniform Rate',of Assessment. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for all Lots. Annual Assessments shall be collected annually, within 30 days after the Due Date (as defined below); Special Assessments shall be collected within sixty (60) days of the ,date of such assessment, unless otherwise provided_ Section 7. Date of Commencement of Annual Assessments and Due Dates. The Annual Assessments provided for herein shall commence as to all Lots on the first day of January, 2005. The Board of Directors of the Association 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 (the "Due Date") shall be established by the Board of Directors. The Association shall, upon request, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specific Lot have been paid. A properly . executed certificate of the Associatiowas to the status of Assessments on a Lot shall be binding upon. the Association as of the date of its issuance. Section S. _Effect of Nonpayment A Assessments and _Remedies of the Association. Anv Assessment which is not paid within thiity (30) days after the Due Date shall bear interest from the Due Date at the'rate of nine -percent (9.0%) per annum. The Association may bring an action at law against the'Owner personally obligated to pay the same or foreclose its lien. No Owner may waive or otherwise avoid liability for the Assessments provided herein by non-use of the Common Area or abandonment of his Lot. z Section 9. Subordination of the Lien to Mortgages and Deeds of Trust. The lien for the Assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage or deed of trust 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. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof 4 ARTICLE V. STORMWATER MANAGEMENT A. The following covenants are intended to ensure ongoing compliance with the State Stormwater Management Permit Number SWS 000317, as issued by the Division of Water Quality under NCAC 2H.1000. B. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C_ These covenants are to run with the land and be binding on all persons and parties claiming under them. D. The covenants pertaining to;stonnwater may not be altered or rescinded without the express 'written consent of the State of North Carolina, Division of Water Quality. r (l,As67564.DOC: } 09/23I2004 06:20 910-346-1210 --JOHN Lf'PIERCE PAGE 07 E. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality, F. Allowable Built -Upon Area. The'maximunn allowable built -upon area per lot is as follows: Lot # I - 41.274 square feet; Lot 42 — 82,811 square feet; Lot 43 — 53,796 square feet_ These allotted amounts include any built -upon area constructed within the lot property boundaries and that portion of the right-of-way between, the front lot line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. G. All runoff from the built -upon area on each lot must drain into the permitted system. This may be accomplished through -providing roof drain gutters which drain to the street, grading the, lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. H. Built -upon area in excess of the permitted amount will require a Permit modification prior to construction. ; 1. Each lot within the subdivision whose olAmership is not retained by the permittee, must to submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to construction. " ARTICLE VI. GENERAL PROVISIONS Section 1. Enforcement. The association, any Members or any Owner, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, liens and charges, now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Member or Owner to enforce any covenant, condition or . obligation herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Declaration Supersedes Prior Covenants ReIatina to Stormwater. Retention Pond. It is understood and iagreed that the terms, covenants and conditions of this Declaration supersede any prior written'or oral agreements concerning the cleaning, maintenance and repair of the Retention Pond located in the Common Area. Section 3. Severabilit_v. Invalidation of any one of these covenants, conditions or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 4_ Amendment. The covenants, conditions and restrictions of this Declaration shall run with and bind the' land; for a'term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive f n0s67664.DOC:) :� 6 09/23/2004 06:20 910-346--1210 JOHN L PIERCE PAGE 08 ,a r periods of ten (I0) years. This Declaration may be amended by an instrument in writing signed by not less than seventy-five percent {75.0%) of the Members. Any amendment must be recorded in the Onslo,.v County Registry. Section 5. Annexation. Additional commercial property and the Common Area may be annexed to the Property with the written consent of sixty six and two thirds (66.66%) of the Members. IlV WITNESS WHEREOF, the Declarant has caused this instrument to be duly executed with authority duly given, this 20th day of September; 2004. DECLARANT: ` BLACKJA ;INVESTORS, INC. r By: John i ce, its Manager STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1, a Notary Public in and for said County , and State do hereby certify that JOIN L. PIERCE; personally came before me this day and . acknowledged that he is the Manager of BLACKJACK INVESTORS, LLC., a North Carolina limited liability company, and that by authority duly given and as the act of the limited Iiability company, the foregoing instrument was signed in its name by him as its i\lanager. Witness my hand and officia My Commission Expires: G4--) , 2004 (MS67664.DOG: } t 'i i rri i -1 ne'10 910-346-1210 x �I JOHN L PIERCE PAGE a9 Exh.ih:Lt "A" (Page � one of ttao) i� r pe r ::• o igloo �� : ..aIs o i� �R 01 t�a�aem il qit � - oaest r�� r� 7 W _ 7 �rT \ I {p Ui1 { B�au,wtis � ANDw�� MADW 1 O = �ro arrr srrw sw tze wnu� ur►+�8 1 { PoIA C—W Is W�rrr� r, aqo sr� MOM �uaoarl✓FAIE 1 j s7� * PN191 14 w TIE imo AID � rMo17Rp T � ALL y1iS 1R I f 1 k r LI�FD l�latt' a qs PLA7% - tr. e.• k I � t i { k 5A AM 97E AREA CD AOFEA W tl t I { lrWl �yl�oT ON f GT/ ETW(r aq� -W ,� H t t MR8FL ARE4_ . V A �YG i CI�TIOM IL N 4"' r 4�1�IF 1111 l I GE LOT PCN° tins (� . j MM? a piY (FWY cr , fyLJE °1lJC �. II Irlf ik f k .ate _ II I t I I r� tir 1k r l { _ . C .E.xhibl t "Alt (page two of two) Lp co I J k N I m f I ml WNCEPTU& +rPCU f MOOSEHA Vail BUSINESS PART( BLACKJACK IN � C f jcm LLC PREPNO By x ,ao C f E: R�7 Ep gJY �� r { ROE 910-ja MZ NC 2eW aR FOF11EliLY P� I k 1 SCALE t.- N, lAlE- IIAIiCH 2. 2044 TA I l{ I 49 i�30 REV. 7i AG !-{ WIAH k r y REEF PER 7qC F� f N+NAi R11r iDfAS (�pHMSE PFR me (RAY. 21, 2UU41 PE7i � ��a0u1C� AAf II f GWMC SCAU - 4 [Fwd: Moosehaven Business Park] Subject: [Fwd-. Moosehaven Business Park] From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Mon, 20 Sep 2004 12:11:15 -0400 To: John Pierce <jpierce cr onslowonline.net> CC: Dave New som).<crystalc oasteng@bizec.rr.corn> John: In addition to my previous email, please also provide a copy of the recorded deed restrictions. Linda Subject: Moosehaven Business Park From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Mon, 20 Sep 2004 11:08:06 -0400 To: John Pierce <jpicrce cr onslowonlinc.net> CC: Dave Newsom <crystalcoasteng@bizec.rr.corn> John: I received an offsite application for the Texas Roadhouse Restaurant, Lot 2 in the recently permitted Moosehaven Business Park. Due to recent compliance problems at a few of your other projects, I am unable to issue the Texas Roadhouse permit until the Moosehaven pond is certified as being complete and operational. This includes stable and grassed 3:1 side slopes, planted wetlands shelf, and a functioning outlet structure with correct elevations and orifice. Please forward the completed designer's certification for SW8 000317Mod. as soon as possible to continue the review of the Texas Roadhouse permit application. Linda Content -Type: message/rfc822 Moosehaven Business Park Content -Encoding: 7bit 1 of 1 9/20/2004 12:11 PM Moosehaven Business Park Subject: Moosehaven Business Park From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Mon, 20 Sep 2004 11:08:06 -0400 To: John Pierce <jpierce@onslowonlme.net> CC: Dave Newsom <crystalc oasteng@bizec.rr.com> John: I received an offsite application for the Texas Roadhouse Restaurant, Lot 2 in the recently permitted Moosehaven Business Park. Due to recent compliance problems at a few of your other projects, Z am unable to issue the Texas Roadhouse permit until the Moosehaven pond is certified as being complete and operational. This includes stable and grassed 3:1 side slopes, planted wetlands shelf, and a functioning outlet structure with correct elevations and orifice. Please forward the completed designer's certification for 5W8 000317Mod. as soon as possible to continue the review of the Texas Roadhouse permit application. Linda of 1 9/20/2004 11:08 AM State Stormwater Management Systems Permit No. SW8 000317 Mod. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT 1n accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO John L. Pierce, Blackjack Investors, LLC Moosehaven Business Park Onslow County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 16, 2014 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.5 on page 3 of this permit. The subdivision is permitted for 3 lots, each allowed a maximum amount of built -upon area as specifed in Section 11.13 (f) of this permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 2 of 9 State Stormwater Management Systems Permit No. SW8 000317 Mod. 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 5.03 Onsite, ft2: 219,007 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 177,881 Lot 1, ft . 41,274 Lot 2, ft2: 82,811 Lot 3, ft2: 53,796 Offsite, ft2: 0 c. Pond Depth, feet: 6.0 d. TSS removal efficiency: 90% e. Design Storm: 1" f. PeFinanent Pool Elevation, FMSL: 37.0 g. Permitted Surface Area @PP, ft2: h. Permitted Storage Volume, ft3: i. Storage Elevation, FMSL: j. Controlling Orifice: k. Permanent Pool Volume, ft3 I. Forebay Volume, ft3: m. Maximum Fountain Horsepower: n. Receiving Stream I River Basin: o. Stream Index Number: p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 10,667 14,601 38.25 1.5"0 pipe 31,409 6,726 118 Mill Creek 1 White Oak 19-9 "SC NSW" 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval.from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 3of9 State Stormwater Management Systems Permit No. SW8 000317 Mod. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more bf the minimum requirements of the permit. Within the time frame specified, in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. , 10. If the stor mwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 4 of 9 State Stormwater Management Systems Permit No. SW8 000317 Mod. 13. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000317, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is: Lot 1 @41,274 ft2; Lot 2 @82,811 ft2; and Lot 3 @53,796 ft2. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 14_ A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 15. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 5 of 9 State Stormwater Management Systems Permit No. SW8 000317 Mod. 17. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface- b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/8 18. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals=,including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 19. Records,of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. III. GENERAL CONDITIONS i This permit is not transferable to any person or entity except after notice to and approval' by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and -All statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 6 of 9 State Stormwater Management Systems Permit No. SW8 000317 Mod. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 16th day of August, 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION i l U'�' ` Alan W. Klimek, P:E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 000317 7of9 RE: SW8 000317 Moosehaven Business Park Subject: RE: SW8 000317 Moosehaven Business Park From: "Crystal Coast Engineering" <crystalcoasteng@bizec.rr.com> Date: Thu, 12 Aug 2004 06:26:19 -0400 To: "'Linda Lewis <Linda.Lewis@ncmail.net> That's fine. No BUA at this time. Permit applications with offsite supplements will be submitted for each of Lots 1, 2 & 3 once those development plans are completed. �f -----Original Message ----- From: Linda Lewis [mailto:Linda.Lewis @ncmai1.net] Sent: Wednesday, August 11., 2004 9.51 AM To: Crystal Coast - Engineering Subject: Re: SW8'000317 Moosehaven Business Park Dave: The only places where the development is shown is the 'Conceptual Plan" street 2 of 9 and Lhe "Water & Sewer Plan" sheet 4 of 9. I can delete these sheets from the plan set and use only the existing, preliminary and stormwater plans as the approved plan set. I just needed confirmation that I was not going to be permitting that development now. I'll await the deed restriction changes. Linda Crystal Coast Engineering wrote: The revised plan that I provided John Pierce did not include development "" on Lots 1 & 2.': As noted in the narrative, it was my intent that this future development receive separate offsite permits. Evidently, when John Pierce recently resubmitted materials, he did not forward the revised Stormwater Plan on which I had removed development from Lots 1 2. In short, the only purpose for the requested modification is to accommodate the name change (Blackjack Investors) and to revise the pond design to accommodate anticipated future BUA,s from Lots 1, 2 & 3. I will get with JLP this morning to see that the revised plan that I provided them gets delivered to your office ASAP. With regard to Deed Restrictions, I will get Mr. Edward, the attorney, to address ASAP. -----Original Message ----- From: Linda Lewis [mailto:Linda. Lewis@ncmail.net] Sent: Wednesday, August 11, 2004 8:45 AM To: John Pierce Cc: Dave Newsom Subject: SW8 000317 Moosehaven Business Park ;a John and Dave: The Division received an Express SW application for the subject project on July 21, 2004, with a scheduled review date of August 11, 2004. The application is incomplete. Please provide the following items prior to 1 of 2 8/12/2004 7:43 AM 5W8 000317 Moosehaven Business Park Subject: SW8 0003.17 Moosehaven Business Park From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Thu, 12 Aug 2004 08:25:10 -0400 To: Betty Bullock �bcttybjlp@bizec.rr.com>, Dave Newsom <crystalcoasteng@bizec.rr.com>, John Pierce <jpierce@onslowonline.net> I received the revised covenants today. They are still lacking several of the required statements. Attached please find, again, the required language in Sections I and VI. As previously requested, please add the language in Sections I and VI to the covenants, word for word, and resubmit the proposed document. Linda DEEDREST.F4R.doc Content -Type: application/msword Content -Encoding: base64 1 of 1 8/12/2004 8:26-AM 081121 `04 06:34 910-346-1210 JIINN L PIERCE r�"t Yj1 JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 I_ -MAIL: 1plerce@onslowonline.net P,O. Box 1685 409 Johnson Blvd. Jacksonville, NC 28541 y Jacksonville, N.C. 28540 DATE: FAX NO. (910) 346-1210 TO: FROM:D NUMBER OF COPIES INCLUDING THIS PAGE CJ LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phaae I Environmental Audit / Rlsk Assessment 08/12/r 04 `06:34` 910-346-1210 JOHN L PIERCE PmGE 02 acrr, uHYL-uR, EDWRRDS L VF1TCHER i9101 4ES-13117 P. 1 STATE OF NORTH CAROLINA COUNTY OF ONSLOW DECLARATION OF RIGHTS, COVENANTS, RESTRICTIONS AND EASEMENT'S THIS DECLARATION OF RIGI�ErS, COVENANTS, RESTRICTIONS AND EASEMENTS is made and entered into this day of 2004, by BLACKJACK INVESTORS, LLC, a North Carolina limited liability company (hereinafter referred to as "Declarant"); WITNESSETH. WHEREAS, Declarant is the fee simple ovncr of that certain tract or parcel of land situated on US Highway 17 at the intersection of Moosehaven Road in the City of Jacksonvi11c, Jacksonville Township, Onslow County, North Carolina, being more particularly described as follows: Being all of "!Tact 1, containing 5.0 acres,, as shown on a map entitled, "Recombination Survey Showing ED BROWN & ALICE BROWN ESTATE" dated October 6, 1999, prepared by John L. Pierce -Surveying and recorded in Map Book 38, Page 151, Slide K-377 in the off -ice of the Register of Deeds of Onslow County, North Carolina. The above described real estatc being hereinafter referred to as the "Property"; and WHEREAS, Declarant has submitted its plan (the "Plans') for the subdivison of the Property into three (3)) commercial lots (hereinafter iandividpaily referred to as a 'Lot" and collectively referred to as the "Lots"), together with the construction of a detention pond (hereinafter referred to as the "Detention Pond"), drainage, utility and accessway easements, providing for easctnenis and cross -access between and among the Lots for the mutual use and benefit of the Owners thereof, as more particularly described on and in accordance with that certain site plan, entitled "Moosehaven Business Park" dated prepared by John L_ Pierce & Associates, P.A. amd recorded in Map Book , Page , Slide , in the office of the Register of Deeds of Onslow County, North Carolina (hereinafter referred to as the "Site Plan"; and (MS61664.DOC: 03/12i2004 06.34 310-346-1210 7OHN L PIERCE PAGE 03 ;�:UU4 2- l2PM GRYLOR, EDWRRDS & VRTCHER (910) 4SS--0117 p-2 WHEREAS, it is the desire of the Declarant to provide for certain reciprocal rights, eascrnentts, conditions, covenants and restrictions affecting the Property as set forth in this Declaration of Rights, Conditions, Covenants, Restrictions and F.asernents (hereinafter this "Declaration"). NOW, THEREFORE, for and in consideration of the mutual covenants existing or hereafter to exist, the Declarant, for itself, its successors and assigns, and the Owners, hereby declares that all of the Property above described 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 Property, and be binding on the Owners and any and all parties having any right, title or interest in and to the Property or individual Lot, or any part thereof. and small inure to the benefit of the Declarant, the Owners, and their respective grantees, ground,lessees, successors and assigns_ ARTICLE 1. DEFINITIONS Section 1- "Association" shall mean and refer to MOOSEHAVEN PROPERTY OWNERS' ASSOCIATION, INC., a North Carolina nonprofit corporation, its successors and assigns. Section 2- "Lot" shall mean and refer to any individual lot described as Lot 1, 2, or 3 of Moosehaven Business Park as shown on the Site Plan. Section 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Section 4. "Common Area" shall mean and refer to Lot 4. Section 5. "Member" shall mean each Owner or other person or entity holding a membership in the Association. ARTICLE Tl. PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment_ Each Owner shall have and is hereby granted a right and easement of enjoyment and use in and to the Common Area, and Retention Pored located therein for the pu pose of storrnwater drainage from his respective Lot to the Retention Pond which easement shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: (a) the right of the Association to charge to each Owner its Proportionate Share of the reasonable fees for the cleaning, maintenance and repair of the Retention Pond, and any and all improvements and landscaped areas within the boundaries of the Common Area; { Ms67664. DOC: ) 6-1210 JOHN L. PIERCE PraGE 04 0n1u6/1A04CUU9� 1'dNm-�4GRYLOR, EDWARDS & VFTCHER 1910) 455-0117 p_3 (b) the right of the Association to suspend the voting rights of any Owner for any period during which any asscssment against his Lot remains unpaid beyond any applicable grace or cure period; (c) the right of the Association to dedicate or transfer all or any part of the Commnn Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless and until an instrument agreeing to such dedication or transfer is signed by two-thirds of the Members and has been recorded. Section Z_ Delegation of Use, Subject to and in accordance with the By -Laws of the Association, any Owner may delegate, convey, sell or transfer his right of enjoyment and use in and to the Common Area, the Retention Pond and the other improvements located thereon to any such tenant or contract purchaser in possession of such Owner's Lot. ARTICLE IIi. MEMBERSHIP AND VOTING RIGHTS Section 1. Owners ae_14lembere. Every Owner of a Lot shall be a Member of the Association and subject to any and all assessments imposed by the Association with respect to the Common Area or the Retention Pond. Mernbership rights, duties and obligations shall be appurtenant to and may not be separated from ownership of any Lot_ Section 2. Voting. The Association shall have one class of voting membership and each Member shall be entWed to one (1) vote for each Lot owned. When more than one person or entity holds an interest in any Lot, all such persons or entities shall be Members and the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any single Lot_ ARTICLE IV. COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Crention of the Lien and Personal Ob1iE$tion of Assessments. Each Owner of any Lot is deemed to covenant and shall pay to the Association; (1) annual assessments or charges (the "Annual Assessment"), and (2) from time to time, special assessments for capital improvements to the Retention Pond and othor areas of the Common Area (the "Special Assessment"), the Annual Assessment and Special Assessment are sometimes collectively hereinafter referred to as the ("Assessments"); such Assessments to be established and callected as hereinafter provided, The Annual and Special Assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge upon each record on the Lot and shall be a continuing lien upon any Lot against which each such Assessment is made. Each such Assessment, together with interest, costs and sttotrey's fees, shall also be a personal obligation of the person or entity who is the Owner of such Lot at the tune when such Assessment becomes due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed in aniting by such successor i» title. (A4567664,poC; ) 0B! 12f 2004 _ 06: 34 910-346-1210 JOHN L PIERCE PAGE 05 -r1rL_U12, [=bWA12pS S VgTC1-IER f9101 455-0117 p.4 Section 2. PurPose of Assessments. The ASSeSsrnents levied by tlae Association shalt be used exclusively for the costs of Clearing, maintenance, repair and pay for any ad valorem taxes or other governnienW assessments against the Common Area, Section 3_ Maximum Annual Assessment. Until January 1, 2006, the maximum Annual Assessment able to be charged by the Association shall be Two Hundred Dollars (5200,00) per Lot. From and after January 1, 2006, the maximum Annual Assessment may be increased each year by not more than five percent (5.0'Xa) above the maximum Annual Assessment for the previous year without a vote of the Members. Any increase of the Annual Assessment above five percent (5.0%) from the previous year shall require the affirmative vote of two-thirds of the Members at a meeting duly called for such purpose, or with the unanimous written consent of all the Members in Iieu of such meeting: The Board of Directors of the Association .may fix the Annual Assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Ca ital Iaa rovement9. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a the Retention Pond or any other capital improvement in or upon the Contlzton Area, including fixtures and personal property related thereto,; provided that any such Special Assessment shall be approved by a two- thirds of the votes of the Members who are, voting in person or by proxy at a meeting duly called for such purpose, or by the unanimous written consent of all Members in lieu of such meeting. Section 5. Notice and Quorum for Any Action Authorized Under Article IV, Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Article IV, Sections 3 and 4 shall be sent to all hleinbers not less than 30 days nor move than 60 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sevcaty-five percent (75.09/6) of the votes shall constitute a quorum. If the required quorum is not present, another meeting, may be called subject zo the same notice requirement, and the required quorum at the subsequent meeting shall be one- hai£ (1/2) of the required quonun at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the,precedirig meeting. Notwithstanding the foregoing, any action authorized to be taken at a meeting of the Members may be taken by the unanimous written consent of all of the Members in lieu of such a meeting. Section 6. Uniform Rate of Assessment. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for all Lots. Annual Assessrraents shall be collected annually, within 30 days after the Due Date (as defined below), Special Assessments shall be collected within sixty (60) days of the date or such assessment, unless otherwise provided. Section 7. Date of Commencement of Annual Assessments a_nd Due Dates. The Aixnual Assessments provided for herein shall commence as to all Lots on the first day of January, 2005. The Board of Directors of the Association shall fix the amount of tho Annual (MS67664_D0CJ 4 J❑HN L PIERCE PAGE 06 eS/72J2Ea04 06:_34 910_346-1210�nrtuK. EDWARt15 R V197CHER t9101 455-0t17 p-5 Assessment against each Lot at least, thirty (30) days in advance of each Annual A6ses5ment period. Written notice of the .'vmuul Assessment shall be sent to every Owner subject thereto. The due dares (the "Due Duce") shall be established by the Board of Directors. The Association shall, upon request, and for a reasonable charge, fiurti,-h a certificate signed by an officer of the Association setting forth whether the Assessments on a specific Lot have been paid. A properly executed certificate of the Association as to the status of Assessrnertts on a Lot shall be binding a7poo the Association. as of the date of its issuance, Section g. Et'1,, et of Nonnavmrat of AS14romeGt7 and Remedies of the Asaociation. Any Assessment which is not paid within thirty (30) days after the Due Date shall bedr interest from the Due Date ar the rate of nine percent (9.0%) per annum. The A.ssociatian may brirxg an action at law against The Owner personally.obligeted to pay the same or foreclose its lien. No Owner may waive or otherwise avoid liahility for The Assessments provided herein by non-uqe of the Common Area or abnndonntew of his Lot. Section 9. Subordination of the Lien to Mortgages and Deeds of Trust, The lien for the Assessments provided for herein shall be Subordinate to the licm of any first mortgage or dead of trust. Sale or transfor of any Lot shall not meet the Assessment lien. However, the sale ar transfer of any Lot pursuant to mortgage or deed of trust foreclosure or any proceeding in lieu thcreuf, shall extinguish the lien of such Assessments as To payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liabiliry for any AeSesSrnents thereatiar becoming due or from the lien thereof. ARTICLE V. STORMWATER MANAGEMENT 'lire following covenants are intended to ensure ongoing compliencc %%ith the State Sionxiwater lManagetacnt Permit Number as issued by the Division of Water Quality under NCAC 211.1000. The Stoic of North Carolina is made a beneficiary of these covenants to tic extent necessary to maintain compliance with the Storm-ater Management Permit. These covenants arc to run with the land and b= binding on all persons and parties ciairning under them. The covenants pertaining to srormwater may not be altered or rescinded without the express written consent of the Statc of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. Section 1. Allowable Built -Upon Area. The maxirrtum alto% cable built -upon area per lot is as follows: Lot # 1 - 41,274 %quart fcet; Lot #2 - 82,811 square feet; Lot #3 - 53,796 square fret. These allotted amounts Include any built -upon area constructed within the lot property boundaries and that portion of the right-of-way between the front lot line and the edge of the puvern=t: Buill-upon Brea includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, elate, coquina and parking areas, but dote not include raised, open wood decking, or the water gurfacc of swirruniag pools. (Ms67664.MC: } rernain irr full force and effect. Section 4. Araendraent. The covenants, conditions and re5trictiomts of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically exunded for successive periods of ten (]o) years. 'Phis Declaration may be amanded by an instrument in writing signed by not less than saventy-five percent (75.0%) of the ]Members. Any amendment must be recorded in the Ouslow County Registry. (H'J s76G4.npG: ) .Aug 13 2004 8:22AM Gaylor, Edwards & Vatcher 910-455-9557 P.1 GAYLOR, EDWARDS & VATCHER OFFICE: 219 NEw BRIDGE S71LEET Arm?.NEYS AT LAW TELEPHONE: Jimmy F- GAYLOR PM OFFWr. BOX 1057 (910) 455-9494 1. DmvxY EoWAR6S, IR. FAX: WA.UrER W. VA'KHrR 1ACKsoN%7LLF NORTH CAROUNA (9i 28541-1057 E-MAIL E•MA]L jde®bizec.rr.com FACSIMILE TRANSMISSION r TO: Linda Lewis FAX NO(s).: (910) 350-2004 FROM: J. Dewey Edwards, Jr. FAX NO_ (910) 455-01 1 i SUBJECT: Moosehaven Business Park COMMENTS: Attached are pages 5 and 6 of the Declaration of Rights, Covenants, Restrictions and Easements for the referenced project. NO. OF PAGES (including cover): 3 TODAY'S DATE: August 13, 2004 TIME: 8:40 A.M. Rug 13 2004 8:22RM Gaylor, Edwards L Vatcrer 910-455-9557 . p.2 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 (the "Due Date") shall be established by the Board of Directors. The Association shall, upon request, and for a reasonable charge, fumish a certificate signed by an officer of the Association setting forth whether the Assessments on a specific Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot shall be binding upon the Association as of the date of its issuance. Section 9. Effect of Nonpayment of Assessments and Remedies of the Association. Any Assessment which is not paid within thirty (30) days after the Due Date shall bear interest from the Due Date at the rate of nine percent (9.0%) per annurn. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose its lien. No Owner may waive or otherwise avoid liability for the Assessments provided herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages and Deeds of Trust. The lien for the Assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any'Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage or deed of trust 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. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE V. STORMWATER MANAGEMENT The following covenants are intended to ensure ongoing compliance with the State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. Section 1. Allowable Built -Upon Area. The maximum allowable built -upon area per lot is as follows: ` Lot # 1 - 41,274 square feet; Lot 42 — 82,811 square feet; Lot #3 — 53,796 square feet_ These allotted amounts include any built -upon area constructed within the lot property boundaries and that portion of the right-of-way between the front lot line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. {N1S67664.noC: t Rug 13 2004 8:22RM Gaylcr, Edwards & Vatcher 910-455-9557 p.3 All runoff from the built -upon area on each lot must drain into the permitted system. This may be accomplished through a variety of means, including: a piped collection system, which ultimately discharges into the stormwater facility, appropriate grading of the lot such that the built -upon surfaces drain into the facility, or graded swales which collect runoff and direct it into the stormwater facility. Each lot whose ownership is not retained by the permittee, is required to submit a separate stormwater permit application to the Division of Water Quality and receive a permit prior to construction. Section 2. Swales. Swales shall not be filled in, piped or altered, except as necessary to provide driveway crossings. Section 3. Modification to Permit. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. Section 4. Permitted Runoff. All permitted runoff from outpareels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. ARTICLE VI. GENERAL PROVISIONS Section 1. Enforcement. The Association, any Members or any Owner, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, liens and charges, now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Member or Owner to enforce any covenant, condition or obligation herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Declaration _Supersedes Prior Covenants Relating to Storm_water Retention Pond. It is understood and agreed that the terms, covenants and conditions of this Declaration supersede any prior written or oral agreements concerning the cleaning, maintenance and repair of the Retention Pond located in the Common Area. Section 3. Severabillity. Invalidation of any one of these covenants, conditions or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect_ Section 4. Amendment. The covenants, conditions and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods often (10) years. This Declaration may be amended by an instrument m writing signed by not less than seventy-five percent (75.0%) of the Members. Any amendment must be recorded. in the Onslow County Registry. J 41 S67664DOC: J 6 Aug 12 2004 5:44PM Gaylar, Edwards & Vatcher 910-455-9557 p.l GAYLOR, EDWARDS & VATCHER OFFICE: 219 MEW lbir)GE S[REET ATTORNEYS AT LAW TELEPHONE: JIMMY F. GAYLOR PosT OxFics Box 1057 (910) 455-9494 J. DEwEY EDWARDS, JR.' U JACKSONV]LLE, NORTH CARONA FAX; WALTER W. VATCHM (910) 455-0117 �+ 29541-1057 E-MAUL, ideabizec. n.com FACSIMILE TRANSMISSION TO: Linda Lewis FAX NO(s).: (910) 350-2004 FROM; j- Dewey Edwards, jr. , t FAX NO. (910) 455-01 1 7 SUBJECT: Moosehaven Business Park COMMENTS: Attached are the entire set of Covenants for the subject project. Please let me know if you do not receive all pages. NO. OF PAGES (including cover): 9 TODAY'S DATE: August 12, 2004 TIME: 6:00 P.M. i The ir�formatiat 'Cdntalned in thls IFacslr tle m s'sage �s onfi�lent€ai anr! lntended ority f6i :tho pe'rsclnal use ;off" the person named above as "r�c�ivJ:r` If ��e reader of this, r�etSsage �� not tlr tnxei,ded re�tip nt or the empiayee2or agent,res qRf.. f©rtcle �u ng h€s +�`tes g t4 ,t4 tnteed recipient, ypu ire hereby nvttfied,st ssemtnavpm distri}:ut�opying of ti�i� communicatG4n ls,strlctl:y prohibiter efTeels -ommur4lCai�n ih ertori pleas notify s by telepfiorte at 91Q 455 r1d returin;th }o>'It lnal m sage t £us ak the al oV ddr ss:Thankyou {as s.., ::, :..,.h Aug 12 2004 5:44PM Gaylor, Edwards & Vatcher 910-455-9557 p - 2 STATE OF NORTH CAROLINA COUNTY OF ONSLOW DECLARATION OF RIGHTS, COVENANTS, RESTRICTIONS AND EASEMENTS THIS DECLARATION OF RIGHTS, COVENANTS, RESTRICTIONS AND EASEMENTS is made and entered into this day of 2004, by BLACKJACK INVESTORS, LLC, ,`a North Carolina_. limited liability company (hereinafter referred to as "Declarant"); ; WITNESSETH: WHEREAS, Declarant is the fee simple owner of that certain tract or parcel of land situated on US Highway 17 at the intersection of Moosehaven Road in the City of Jacksonville, Jacksonville Township, Onslow County, North Carolina, being more particularly described as follows: Being ail of Tract 1, containing 5.0 acres, as shown on a map entitled, "Recombination Survey Showing ED BROWN & ALICE BROWN ESTATE" dated October 6, 1999, prepared by John L. Pierce -Surveying and recorded in Map Book 38, Page 151, Slide K-377 in the office of the Register of Deeds of Onslow County, North Carolina. The above described real estate being'hereinafter referred to as the "Property"; and WHEREAS, Declarant has subrnitted its plan (the "Plans") for the subdivison of the Property into three (3)) commercial lots (hereinafter individually referred to as a "Lot" and collectively referred to as the "Lots"), together with the construction of a detention pond (hereinafter referred to as the "Detention Pond"), drainage, utility and accessway easements, providing for easements and cross -access between and among the Lots for the mutual use and benefit of the Owners thereof, as more particularly described on and in accordance with that certain site plan entitled "Moosehaven Business Park" dated prepared by John L. Pierce' & Associates, P.A. and recorded in Map Booker Page , Slide , in the office of the Register of Deeds of Onslow County, North Carolina (hereinafter referred to as the "Site Plan"; and i MS67 664.D0C: ) Rug 12 2004 5:44PM Gaylor, Edwards & Vatcher 910-455-9557 P.3 WHEREAS, it casements, conditions, Declaration of Rights, "Declaration"). is the desire of the Declarant to provide for certain reciprocal rights, covenants and restrictions affecting the Property as set forth in this Conditions, Covenants, Restrictions and Easements (hereinafter this NOW, THEREFORE, for and in consideration of the mutual covenants existing or hereafter to exist, the Declarant, for itself, its successors and assigns, and the Owners, hereby declares that all of the Property above described 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 Property, and be binding on the Owners and any and all parties having any right, title or interest in and to the Property or individual Lot, or any part thereof, and shall inure to the benefit of the Declarant, the Owners, and their respective grantees, ground lessees, successors and assigns. ARTICLE I. DEFINITIONS Section 1. "Association" - shall mean and refer to MOOSEI-HAVEN PROPERTY OWNERS' ASSOCIATION, INC., a North Carolina nonprofit corporation, its successors and assigns. Section 2. "Lot" shall mean and refer. to any -,,individual lot described as Lot 1, 2, or 3 of Moosehaven Business Park as shown on the Site Plan. Section 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Section 4. ' "Common Area" shall mean and refer to Lot 4. Section 5. "Member" shall mean each Owner or other person or entity holding a membership in the Association. ARTICLE II. PROPERTY RIGHTS Section 1. Owners' Easements of En'o went. Each Owner shall have and is hereby granted a right and easement of enjoyment and use in and to the Common Area, and Retention Pond located therein for the purpose of stormwater drainage from his respective Lot to the Retention Pond which easement shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: (a) the right of the Association to charge to each Owner its Proportionate Share of the reasonable fees for the cleaning, maintenance and repair of the Retention Pond, and any and all improvements and landscaped areas within the boundaries of the Common Area; . (IMS676641)oc:) Rug 12 2004 5:44PM Gaylor, Edwards & Vatcher 910-455-9557 p.4. (b) the right of the Association to suspend the voting rights of any Owner for any period during which any assessment against his Lot remains unpaid beyond any applicable grace or cure period; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless and until an instrument agreeing to such dedication or transfer is signed by two-thirds of the Members and has been recorded. Section 2. Delegation of Use. Subject to and in accordance with the By -Laws of the Association, any Owner may delegate, convey, sell or transfer his right of enjoyment and use in and to the Common Area, the Retention Pond and the other improvements located thereon to any such tenant or contract purchaser in possession of such Owner's Lot. ARTICLE 111. MEMBERSHIP AND VOTING RIGHTS Section 1. Owners as Members. Every Owner of a Lot shall be a Member of the Association and subject to any and all assessments imposed by the Association with respect to the Common Area or the Retention Pond. Membership rights, duties and obligations shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Voting. The Association shall have one class of voting membership and each Member shall be entitled to one (1) vote for each Lot owned. When more than one person or entity holds an interest in any Lot„ all such persons or entities shall be Members and the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any single Lot. ARTICLE IV. COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of _Assessments. Each Owncr of any Lot is deemed to covenant and shall pay to the Association: (1) annual assessments or charges (the "Annual Assessment"), and (2) from time to time, special assessments for capital improvements to the Retention Pond and other areas of the Common Area (the "Special Assessment"), the Annual Assessment and Special Assessment are sometimes collectively hereinafter referred to as the ("Assessments"), such Assessments to be established and collected as hereinafter provided. The Annual and Special Assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge upon each record on the Lot and shall be a continuing lien upon any Lot against which each such Assessment is made. Each such Assessment, together with interest, costs and attorney's fees, shall also be a personal obligation of the person or entity who is the Owner of such Lot at the time when such Assessment becomes due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed in writing by such successor in title. {1NS67664MOC:1 Aug 12 2004 5:44PM Ga51or, Edwards & Vatcher 910-455-9557 p.5 i Section 2. Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the costs of cleaning, maintenance, repair and pay for any ad valorem taxes or other governmental assessments against the Common Area. Section 3. Maximum Annual Assessment: Until January 1, 2006, the maximum Annual Assessment able to be charged by the Association shall be Two Hundred Dollars ($200.00) per Lot. From and after January 1, 2006, the maximum Annual Assessment may be increased each year by not more than five percent (5.0%) above the maximum Annual Assessment for the previous year without a vote of the Members. Any increase of the Annual Assessment above five percent (5.09/o) from the previous year shall require the affirmative vote of two-thirds of the Members at a meeting duly called for such purpose, or with the unanimous written consent of all the Members in lieu of such meeting. The Board of Directors of the Association may fix the Annual Assessment at an amount not in excess of the maximum. 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 that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a the Retention Pond or any other capital improvement in or upon the Common Area, including fixtures and personal property related theretai provided that any such Special Assessment shall be approved by a tWo- thirds of the votes of the Members who are voting in person or by proxy at a meeting duly called for such purpose, or by the unanimous written consent of all Members in lieu of such meeting. Section 5. Notice and Quorum for Apy Action Authorized Under Article IV Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Article IV, Sections 3 and 4 shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled Ao cast seventy-five percent (75.0%) of the votes 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 60 days following the preceding meeting. Notwithstanding the foregoing, any action authorized to be taken at a meeting of the Members may be taken by the unanimous written consent of all of the Members in lieu of such a meeting. Section 6. Uniform Rate of Assessment_ Both Annual Assessments and Special Assessments must be fixed at a uniform rate for all Lots. Annual Assessments shall be collected annually, within 30 days after the Due Date (as defined below), Special Assessments shall be collected within sixty (60) days of the date of such assessment, unless otherwise provided. Section 7. Date of Commencement of Annual Assessments and Due Dates. The Annual Assessments provided for he erein shall commence as to all Lots on the first day of January, 2005. The Board of Directors of the Association shall fix the amount of the Annual { NSS67664. DOC: ) Rug 12 2004 5:45PM Gaylor, Edwards &„Vatcher 910-455-9557 p.6 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 (the "Due Date") shall be established by the Board of Directors. The Association shall, upon request, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specific Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot shall be binding upon the Association as of the date of -its issuance. Section 8_ Effect of Nona went of A`s'sessments and Remedies of the Association. Any Assessment which,is not paid within thirty (30) days after the Due Date shall bear interest from the Due Date at the rate of nine percent (9.0%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose its lien. No Owner may waive or otherwise avoid liability for the Assessments provided herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages and Deeds of Trust. The lien for the Assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage or deed of trust foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such We or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due'or from the lien thereof. ARTICLE V. STORMWATER MANAGEMENT The following covenants are intended to ensure ongoing compliance with the State Stonnwater Management Permit Number , as issued by the Division of Water Quality under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants are to sun with the land and be binding on all persons and parties claiming under there_ The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as'shown on the approved plan may not take place without the concurrence of the Division of Water Quality. Section 1. Allowable Built -Upon Area. The maximum allowable built -upon area per lot is as follows: Lot # 1 - 41,274 square feet; Lot #2 — 82,911 square feet; Lot #3 — 53,796 square feet. These allotted amounts include any built -upon area constructed within the lot property boundaries and that portion of the right-of-way between the front lot line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. IMS67664.DOC ) Aug 12 2004 5:45PM Ga�lor, Edwards & Vatcher 910-455-9557 P-7 All runoff from the built-uponoareaon each lot must drain into the permitted system. This may be accomplished through a variety of means, including. a piped collection system, which ultimately discharges into the stormwater facility, appropriate grading of the lot such that the built -upon surfaces drain into the facility, or graded swales which collect runoff and direct it into the stormwater facility. Each lot whose ownership is not retained by the permittee, is required to submit a separate stormwater permit application to the Division of Water Quality and receive a permit prior to construction. Section 2. Swales. Swales shall not be filled in, piped or altered, except as necessary to provide driveway crossings. Section 3. Modification to Permit. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. Section 4. Permitted Runoff. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. ARTICLE VI. GENERAL PROVISIONS Section 1. Enforcement. The Association, any Members or any Owner, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, liens and charges, now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any. Member or Owner to enforce any covenant, condition or obligation herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Declaration Supersedes Prior Covenants Relatinj& to Stormwate_r Retention Pond. It is understood and agreed that the terms, covenants and conditions of this Declaration supersede any prior written or oral agreements concerning the cleaning, maintenance and repair of the Retention Pond located in the Common Area. Section 3. Severabili . Invalidation of any one of these covenants, conditions or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 4. Amendment. The covenants, conditions and restrictions of this Dcclaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which: time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument in writing signed by not less than seventy-five percent (75.0%) of the Members. Any amendment must be recorded in the Onslow County Registry. {M567664.DOC ) 6 Aug 12 2004 5:4GPM 0a!jlor, Edwards & Vatcher 910-455-9557 P.8 Section 5. Annexation. Additional commercial property and the Common Area may be annexed to the Property with the written consent of sixty six and two thirds (66.66%) of the Members , IN WITNESS WHEREOF, the Declarant has caused this instrument to be duly executed with authority duly given, this day of ; 2004. DECLARANT: BLACKJACK INVESTORS, INC. By: John L. Pierce, its Manager I G� thIS67664.DOC: } 7 Aug 12 2004 5: 46PM Gad 1 or, Edwards &. Vatcher 910-455-9557 p. 1 STATE OF NORTH CAROLINA COUNTY OF ONSLOW s I, a Notary Public in and for said County and State do hereby certify that , personally came before me this day and acknowledged that ,he is the Manager of BLACKJACK INVESTORS, LLC., a North Carolina limited liability company, and that by authority duty given and as the act of the limited liability company, the foregoing instrument was signed in its name by his as its Manager.' Witness my band and official stamp or seal, this day of )2004. Notary Public My Commission Expires: [M567664.D0C: ) . 8 Re: Moosehaven Business Park stormwater permit Subject: Re: Moosehaven Business Park stormwater permit From: Linda Lewis <Lmda.Lew] s@ncmail.net> Date: Fri, 13 Aug 2004 08:13:58 -0400 To: Dewey Edwards <jde@bizec.rr.com> CC: Jahn Pierce <jp1erce@ons1owon1ine.net>, Dave Newsom <crystalcoasteng a bizec.rr.com> Mx. Edwards: No, I did not receive a page 6. The fax I received ended with the words "...water surface of swimming pools.", then the number 5, then the words "remain in full force and effect", then a Section 4 Amendment beginning "The covenants, conditions, and restrictions of this Declaration shall run with and bind the land..." then the number 6, and that's all. I'm so glad to know it was a fax error. I in no way intended to second-guess you or to insinuate anything about your professional abilities. If I gave that impression, please accept my apologies. Upon receipt of pages 5 and 6, I am prepared to issue the permit. (NO extra fee since it was a fax error.) Have a good weekend. Linda Lewis Dewey Edwards wrote: Ms. Lewis: Statements 42 and #3 under VI were included in my original revisions. They are at the top bf page 6 of the Covenants. I will fax the entire set of Covenants. Please let me know if you do not receive page 5 and 6 of the Covenants, or if there are any other problems. We have attempted to be diligent in compliance with the requirements. If you did not receive'page 6 originally I can only attribute it to a facsimile transmission error when the revisions were originally faxed. I do not believe any additional charges should be .imposed for issuance of the permit. Dewey Edwards /------- Original Message -------/ /*From:*/ Linda Lewis <mailto: Linda. LewiS@ncmail.net> /*Date:*/ Thursday, August 12, 2004 17:20:10 /*To:*/ Dewey Edwards <mailto:jde@bizec.rr.com> /*Subject:*/ Re Moosehaven Business Park stormwater permit Mr. Edwards: I do not mean to imply anything about your professional abilities. The only thing I can figure that happened is that you overlooked the fact that there are two other required statements (items 42 and 43) under Section VI in addition to the one about built -upon area. Statement #2 under Section VI reads, "All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including: a piped collection system, which ultimately discharges into the stormwater facility; appropriate grading of the lot such that the built -upon surfaces drain into the facility; or graded swales which collect runoff and direct it into the stormwater facility." Statement 43 under Section VI of my deed restriction language document reads "Each lot whose ownership is not retained by the permittee, is required to submit a separate stormwater permit application to the Division of water Quality and receive a permit prior to construction." 1 of 3 8/13/2004 8:15 AM Re: Moosehaven Business Park stonmwater permit If either of these statements was included in the deed restrictions I received this morning, I could not find them. If they have been included, and I have overlooked them, please tell me specifically what section to find them in. You are correct that there are really two statements, one for each possibility, under Item 41. If the lots are assigned all the same BUA, you use the upper statement. If the lots have varying BUA's, you use the lower statement. Hope this clears it up. Linda Dewey Edwards wrote: > If yDear Ms. Lewis: > Since I have.not heard from you since I phoned you this morning, I > will respond to your request for the Declaration of Rights, Covenants, > Restrictions and Easements ("Covenants")to be revised from the > previously submitted revision in this e-mail. > Contrary to ypur assertion that the revised Covenants did not > comply with your requested revisions, they were revised and conformed > verbatim. The only language which was omitted was the first paragraph > under VI. That is because it would be redundant, repetitive and > superfluous. The language in the first paragraph under VI is for lots > which have the same number of permitted built -upon area(BUA). If the > BUA varies for the different lots, you use the language in the > paragraph immediately following the designation of lots and BUA for > each designated lot. > All of the required provisions of I and VI are set forth in the > opening paragraph and Section 1 of the Stormwater Management Article > V of the Covenants. The other sections in the Covenants were left in > only because your instructions dated August 11, 2004 were to "Please > revise the proposed deed restrictions to include all of the statements > in Sections I -and VI ." You did not state that the other > provisions had to be deleted. > I am dumbfounded by the content of your message today to Mr. > Newsom and Mri pierce to the effect that "Since we can't seem to get > the required deed restrictions straight, despite the fact that you > have been given the exact language necessary". You have impugned my > professional ability and I do not appreciate it. > I expect either a phone call or e-mail to clarify what, if any, > other alleged defect exist with the Covenants or the issuance of the > permit. > Dewey Edwards > > > > <http://www.incredimail.com/redir.asp?ad id=309&lang=9 <http://www.incredimail.com/redir.asp?ad id=309&land=9>> /IncrediMai.1/ > - *Email has finally evolved* - * Click Here * > <http://www.incredimail.com/redir.asp?ad id=309&lang=9 <http://www.incredimail.com/redir.asD?ad id=309&lava=9>> <http://www.inc'redimail.com/redir.asp?ad id=309&lan =9> /IncrediMai.1/ - *Email has finally evolved* - * Click Here * <http://www.incredimail-com/redir.as2?ad id=309&lang-9> 2 of 3 8/13/2004 8:15 AM RE: SW8 000317 Moosehaven Business Park Subject: RE: SW8 000317 Mooschaven Business Park From: "Crystal Coast Engineering" <crystalcoasteng@bizee. rr.com> Date: Wed, 11 Aug 2004 10:25:46 -0400 To: "'Linda Lewis"' <Linda.Lewis@ncmail.net> The revised plan that I provided John Pierce did not include development on Lots 1 & 2. As noted in the narrative, it was my intent that this future development receive separate offsite permits. Evidently, when John Pierce recently resubmitted materials, he did not forward the revised Stormwater Plan on which I had removed development from Lots 1 & 2. In short, the only purpose for the requested modification is to accommodate the name change (Blackjack Investors) and to revise the pond design to accommodate anticipated future BUA1s from Lots 1, 2 & 3. } I will get with JLP this morning to see that the revised plan that I provided them gets delivered to your office ASAP. with regard to Deed Restrictions, I will get Mr. Edward, the attorney, to address ASAP. -----Original Message ----- From: Linda Lewis [mailto:Linda. Lewis@ncmail.net] Sent: Wednesday, August 11, 2004 8:45 AM To: John Pierce Cc: Dave Newsom Subject: SW8 000317 Moosehaven Business Park John and Dave: e The Division received an Express SW application for the subject project on July 21, 2004; with a scheduled review date of August 11, 2004. The application is incomplete. Please provide the following items prior to August 18, 2004,,,to continue the reivew. 1. There is currently development shown on Lots 1 and 2. Is it your intent that this development be permitted under this permit? I thought each lot would be getting a separate offsite permit. If you want Lots 1 & 2 permitted under 000317, please advise, and provide proposed collection, grading and dimensions for the impervious areas shown. 2. If Lots 1 & 2 will indeed be getting separate offsite permits, as indicated in your narrative, please remove the development shown on those lots. 3. Please revise the proposed deed restrictions to include all of the statements in Sectiens I and VI of the attached document. Linda t. 1 oft 8/11/2004 10:46 AM SW8 000317 Moosehaven Business Park Subject: SW8 000317 Moosehaven Business Park From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Wed, l 1 Aug 2004 09:45:05 -0400 To: John Pierce <jpierce@onslowonline.net> CC: Dave Newsom <crystal coasteng@bi zec. rr. co m> John and Dave: The Division received an Express SW application for the subject project on July 21, 2004, with a scheduled review date of August 11, 2004. The application is incomplete. Please provide the following items prior to August 18, 2004, to continue the reivew. 1. There is currently development shown on Lots 1 and 2. Is it your intent that this development be permitted under this permit? I thought each lot would be getting a separate offsite permit. If you want Lots 1 & 2 permitted under 000317, please advise, and provide proposed collection, grading and dimensions for the impervious areas shown. 2. If Lots 1 & 2 will indeed be getting separate offsite permits, as indicated in your narrative, please remove the development shown on those lots. 3. Please revise the proposed deed restrictions to include all of the statements in Sections I and VI of the attached document. Linda DEEDREST.FOR.doc Content -Type: application/msword Content -Encoding: base64 1 of 1 8/11/2004 9:45 AM JOHN L. PIERCE & ASSOCIATES, , LAND SURVEYING -LAND PLANNING - MAP CIVIL ENGINEERING P.O. Box 1685 409 Johnson Blvd. Jacksonville, NC 28541 Office: (910) 346-9800 Fax No.: (910) 346-1210 E-Mail: jpierece@onslowonline.net 1 k)� TO Ms. Linda Lewis v- N.C. Department of Environment and Natural Resources Wilminj�ttnn, NC 28409 WE ARE SENDING YOU ❑ DRAWINGS ❑ ATTACHEI) ❑ COPY OF 1,FT7FR ❑ PRINTS © CHANGE ORDER NG Y JUL 21 20ni letter of transmitta nAI'`'July 20, 2004 ,{„� N�. A1112 N HON Linda Lewis NI;: ' Moosehaven Business Park Permit No. SW8000317 (MOD) ❑ UNDER SFPARP:rF COVER VIA ❑ PLANS ❑ SAh1PIAt S _THE FOLLOWING ITEMS: ❑ SPECIFICrV11ONS COPIES DATE NUMBER DESCRIPTION 2 Sets of revised plans 2 Revised applications with design calculations 1 Chpr-k in the nmnitnt of four thousands dollars ($4,000.0 to advance to "Fast Track" 1 Letter from Engineer THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As rctluested r ❑ Approved as submitted © Approved as noted ❑ Returned for corrections ❑ resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due '+ ❑ Prints returned after loan to us ..❑ REMARKS Should you need any additional_ information, please let tls know. SIGNED f .j C staff Coast Engineering,PA l 3817-3 Freedom Way Hubert, N.C. 28539 Tel: (910) 325-0006 Fax: (910) 325-0060 Email: crystalcoasleng@b¢ec.mcom July 16, 2004 Ms. Linda Lewis N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 Re: Stormwater Project No. SW8 000317 Mod_ Moosehaven Business Park Onslow County Dear Ms. Lewis, We are in receipt of your Request for Additional Information dated June 17, 2004 for the referenced project We provide the following information to allow you to continue the stormwater review (item numbers correspond to your original Request): 1. Developer is Blackjack Investors, LLC. Application forms have been revised as requested. 2. The requested permit modification is for pond only (Lot 4). Future development on Lots 1, 2 & 3 will require submission of separate permit applications with offsite supplements. These development plans are currently under design by others and will be forwarded to your office in the near future. Blackjack Investors, LLC, however, desires to construct the pond now (prior to development by others on adjacent lots). 3. Pond Details include a detail and planting schedule for vegetated shelf. 4. Designers of developments on Lots 1,2 & 3 are aware that runoff from those sites must be diverted to treatment pond. 5. Pond has not yet been constructed. 6. Pond will not be used for erosion control. Separate erosion control plans will be required for each of the lots served by the proposed pond. 7. Portable pump is to be used for dewatering. 8. Drainage area has been delineated. The only offsite drainage area will be construction of a joint entrance at the southerly comer of the tract (Lot 1). 9. Forebay volume has been reduced per your request 10. Attached is a breakdown of impervious areas on a "per lot basis". We are hopeful that this response address all concerns and that the permit can be issued in the near future. Should you have questions or additional concerns, please feel free to contact me. You , New , P CRYSTAL COAST ENGINEERING OF WATF'9 Michael F. Easley, Governor �a �? William G. Ross Jr., Secretary 4 v North Carolina Department of Environment and Natural Resources co (W j Alan W. Klimek, P.E.,Director p Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 17, 2004 Mr. Dewey Edwards, President Moosehaven Property Owner's Association, Inc. PO Box 1685 Jacksonville, NC 28541 Subject: Request for Additional Information Stormwater Project No. SW8 000317 Mod. Moosehaven Business Park Onslow County Dear Mr. Edwards: The Wilmington Regional Office received a Stormwater Management Permit Application for Moosehaven Business Park on March 31, 2004. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. The stormwater rules require that the permit be issued to the developer. A permit cannot be issued to the Association until the development is substantially complete and the stormwater facilities are ready to be turned ove�.ZThe own er/developer- is - shown ..as-BIackjack-,Investors; LLC;-on plans, and they are the Declarant shown on the Declaration of Covenants, Restrictions and Easements. The president, vice-president or the manager of Blackjack Investors, LLC, must sign the application and pond supple- ment. Please also change the names on the application accordingly. 2. Please provide proposed grading (contours & spot elevations) for the building, parking, drives, sidewalks, etc. 3. Specify pond / swale side slope vegetation and the wetland species to be planted. on the 6:1 shelf. - 4. Please show the proposed method to collect the runoff from the lots and direct-it-into_the_pond. - - - 5. If the pond has already been constructed under the previous version of the permit; please -provide -the -designer's -certification -so -that -this -permit can be issued. 6. Please initial item (1) on the wet pond supplement. If you do not intend to use the pond during construction as an erosion control device, please provide a copy of the Erosion Control plan showing the measures to be used instead of the pond. -4A N. C. Division of Water Duality 127 Cardinal Drive Extension (910) 395-3900 Customer Service ,��..;.,�, Wilmington Regional Office Wilmington, NC 28405 .(910) 350-2004 Fax 1 800 623-7748 NCOE NA Mr. Edwards June 17, 2004 Stormwater Application No. SW8 000317 Modification 7. Please initial item (m) on the wet pond supplement. By indicating the use of a portable pump to drain the pond for an emergency, you are meeting this requirement, so it must be initialed. 8. Please clearly delineate and identify the offsite drainage area and show the 2,199 ft of offsite built -upon area. How much of the 219,007 square feet of drainage area is from offsite? 9. Please reduce the forebay volume so that it is between 18% and 22% of the permanent pool volume. 10. On a separate piece of paper in the calculations, please break down the proposed and future BUA's by Lot. For example, the maximum for Lot 1 is 43,687 ft2, but I don't know how much of that amount is currently shown on the plans and how much will be future development. Additionally, further break each lot down by building, parking, street, sidewalk, future, etc. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to July 17, 2004, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required - -- ----information. The -Division is -allowed 90 days from'the receipt -of a`completed -- application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. ________ _-S i n ce rely_, Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIADDINF0120041000317.jun04 cc: Dave Newsom, P.E., Crystal Coast Engineering John Pierce, Manager, Blackjack Investors, LLC Linda Lewis Page 2 of 2 ~ OFFICE USE ONLY -- Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality MAR 3 12004 STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original i3y: I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Moosehcay<n Prz;pert !qDtonrrs' 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Dewey ;9 &,Ifi2nS - )712C- 3. Mailing Add ss for person listed in item 2 above: City: State: W C _ Zip: Telephone Number: 4 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): _ -JYD 0.5rz HAV-FAJ- BU.S„1isS5 �/till< 5. Location of Project (street address): QGt—Cf'14{ale,sr1r% {�IG�15� Y�rcVi'•+l K2:f'rl �f\�f r�C_��`ft�l� City: County: 0I\Sluk�1 6. Directions to project (from nearest major intersection): A-C, P rt,x i v,n r.Jtl, l,-) (.. i 0 m i �, r, 5,,LL+k i,t5 t-Nk L;: \1 1 `7 C � Uc-) 1 i r.\.1nci I \i ( 7 P,- 1 `" -7 D L VJ i?`;� iY r Vl e ti \%C` • l 7. Latitude: .;`J 6 ij& v 3 tp- I Longitude: '7 *7 `�I 3" 44 -1, Z, `' of project 8. Contact person who ca answer questions about the project: Name: ' Uhn ./ f 6 r% V—I#SZZ� tt:'S' Telephone Number: CI I �i0 ' CPO II. PERMIT INFORMATION: 1. Specify whether project is (check one) New Renewal _.__Modification Form SWU-101 Version 3.99 Page l of 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number 006�St7 and its issue date (if known) 3. Specify the type of project (check one): Low Density --X—High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major Aedimentation /Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1, In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Ct S W1 2. Stormwater runoff from this project drains to the oezk Ov') Ver River basin. 3. Total Project Area: 6-C)S —acres 4. Project Built Upon Area: 1, % 5. How many drainage areas does the project have? _ ... L 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. $astn Information ..''Drainagei " A 'T A 2 Receiving Stream Name Receiving Stream Class Drainage Area 1 007 5 Existing Impervious* Area Proposed Imper-vious*Area 0 17 7, $ $ i S % Impervious* Area (total) --Impervious* Surface Area, ;% ,Drainage nage Ar6a,2 ` On -site Buildings 53 SIC On -site Streets On -site Parking q Li On -site Sidewalks la 6 -7. c� D Other on-sitemil 94' Off -site o. C) 1 9 � Total: Q eir, OTT 5;Y. ) . Total: Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. - jk R 6,3 e- r vtR d Pur F7Lt TU K � Form SVYU- 10 1 . Version 3.99 Page 2 of 4 1 7. How was the off -site impervious area listed above derived? P/Ctr) 1'Z e. &— IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. I. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ), A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each $MP • Permit application processing fee of $420 (payable to NCDENR) !( • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: I - Development/Project name Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line Dimensioned property/project boundary - Location map with named streets or NCSR numbers Original contours, proposed contours, spot elevations. finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations Drainage areas delineated Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Mailing Address: /-0 City: ('TAC.4S 6 Y 1 V Phone: 1 0 VIII. APPLICANT'S CERTIFICATION oc' �c le�s State: zip: JJ oCc7�7 ,CJ Fax: tl O s LO 1, (print or type name of person listed in General Information, item 2) 7E W G `/ & DW A ILT certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Date: 'Gi�f�an .�nc Form SWU-101 Version 3.99 Page 4 of 4 Permit No. �(�� �r_'y� / ./ (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DW_ Q Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: _ffo_��40 Veil P 5_S'29 Contact Person: �TJh P! E r-GC; tY y�uCi �i P� E „ zraA,o pI-ei Phone Number: q D For projects with multiple basins, speciiy wnich'6asin this workshect applies to: lt,' iA elevations Basin Bottom Elevation 3 f .Qa ft. Permanent Pool Elevation 3'7, coo ft. Temporary Pool Elevation — 3 `� -a 5 ft. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area _ i O (.,e-'7 _ _ sq. ft. (water surface area at the orifice elevation) Drainage Area 5. c33 ac. (on -site and off -site drainage to the basin) Impervious Area 03 ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume I, �q -i cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume i �, %U i cu. ft. (volume detained above the permanent pool) Forebay Volume -7, _� ,;J I cu. ft. (approximately 20% of total volume) Other parameters SAIDA I Diameter of Orifice Design Rainfall Design TSS Removal 2 (surface area to drainage area ratio from DWQ table) (2 to S day temporary pool draw -down required) (minimum 85% required) Form SVVU-102 Rev 3.99 Page I of 4 Footnotes: When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. U. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The.temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) `? f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3: L h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. T'vm P III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does V¢oes not This system (check one) 0 does .does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Form SWU-tot Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment sball be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads �, feet in the main pond, the sediment shall be removed. When the permanent pool depth reads .7 - feet in the forebay, the sediment shall be removed. BASIN DIAGRAM ill in the hlankr) 17 Permanent Pool Elevation ".3 7 . vU SedimenVoval � , --- 75 °--------- -- Sediment Removal Elevation 32,1Q 75% Bot3:DD °/n--�-------------------------------------------125% ------ Bottom Elevation 31 .0 FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: VEWr'-f Title: T2F5 r PGA Address:_. T 0- 3&Y 1057_ /a19 AtE-j ?fLrDG6 5T., J/ffK irOAtVI«t ,WC Zosyo Phone: Signature: Date: 10) AlSS- 9 Y 94 �.e,�J Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I,6,4-a'- , a Notary Public for the State ofG2 County of , do hereby certify that 7 personally appeared before me this /c� day of and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, �oTAR oy, '°UBLNG uu11ll I1111111 Or? A T U L. In . My commission expires_ / �� /�(p Form SWU-102 Rev 3.99 Page 4 of 4 DETENTION POND ANALYSIS FILE NAME: S:\WQS\POND1000317.WK1 PROJECT#: SW8 000317 PROJECT NAME: Moosehaven Business Park REVIEWER: L. Lewos DATE: 17-Jun-04 Receiving Stream: Mill Creek (Dote's Branch) Class: SC -NSW Chlorides: n1a Drainage Basin: White Oak Index No. 19-9 Site Area 5.03 acres t Area= 5.03 acres Drainage Area square fee IMPERVIOUS AREAS Rational C Buildings 12253.00 square feet Lot 1 43687.00 Parking 94161.00 square feet Lot 2 75210-00 SW 7804.00 square feet Lot 3 56785.00 Offsite 2199.00 square feet Total 175682.00 Future 61464.00 square feet square feet TOTAL square feet s Rational Cc= 0.04 SURFACE AREA CALCULATION % IMPERVIOUS 81.22% Des. Depth 6 TSS: 90 SA/DA Ratio 4.67% Req. SA 10235 sf Prov. SA sf VOLUME CALCULATION * place a 1" in the box if Rational is used I Rational ?* Des. Storminches Rv= 0.78 Bottom 30 msl Perm. Pool msl Design Pool 38.25 msl Design SA 12695 sf Req. Volume ' cf ........ ...... Prov. Volume cf ORIFICE CALCULATION FOREBAY Perm. Pool Volume= Req, Forebay Volume= Provided Volume= Percent= SA @ Elevation= 31194 6238.8 7228.00 Avg. Head = 0.60 ft Q2 Area = 3.17 square inches Flow Q2, cfs 0.082 cfs Q5 Area = 1.27 square inches Flow Q5, cfs 0,033 cfs Orifice Area 1.77 square inches No. of Orifices Q= 0.046 cfs Diameter or I] n Weir Dimensions Drawdown days COMMENTS Surface Area , Volume and Orifice are within Design Guidelines. State of North Carolina Department of Environment and Natural Resources Wilmington Regional Offcce Michael F. Lasky, Governor William G. Ross,,)r.,Secretary Division of Water- Quality February 20, 2001 Mr. Donnell Thompson, President Mooschaven Property Owners Association, Inc. 19 l gret Street Hilton Head Island, SC 29928 Dcar Mr. Thompson: "a� , i yat• a r" - �� Subject: Permit No. SW8 000317 Sleep Inn Suites, Blackjack Investors, I.I.0 Subdivision High Density Storlllwater Project Onslow County The Wilmington Regional Office received a complete Stormwater Management Permit Application for Sleep Inn Suites, Blackjack Investors, I -LC Subdivision on 1-ebrtiary 2, 2001. Staff review of the plaits and speci ficati oils has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000. 'We are forwarding PernlitNo. SW8 000317 dated February 20, 2001, foi•tlle construction of Sleep lnn SL[iteS, Blackjack Investors, I LC Subdivision. "]'his permit shall be effective from the date of issuance until February 20, 2011, and shall be subject to the conditions and limitations as specified therein. Picase pay special attention to the Operation and Maintenance requirements in thispermit. Failure to establish an adequatesystem foroperation and maintenanceofthe storm water management system will result in future compliance problems. 11'any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 276I 1-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSSi:sav S:1WQSlSTOiZMWATII31 RMI"f1000317.117M cc: David Newsom, P.E. Mitchell Parker, Onslow County Inspections Scott Vllls011 _ i Wilmington Regional Office s —Central Files 127 Cardinal Dr. Ext., Wilmington, North Caroling 28405 "Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State Stormwatcr Management Systems Permit No. SW8 000317 STATE OF NORTH CAROLINA DEPARTMENT. OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITV STAT'1, ST'ORMWAT'ER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions ofArticle 21 ofChapter 143, General Statutes ofNorth Carolina as amcndecl, and other applicable Lairs, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Moosehaven Property Owners Association, Inc. Sleep Inn Suites, Blackjack Investors, I_LC Subdivision onslou, Cotrfaty FOR THE COIlstruCtl011, operatlon and maintenance of a wet detention pond In compliance With the provisions of 1 5A NCAC 211 .1000 (hereafter referred to as the "stoi-timater• Arles') and the approved stormwater management plans and specifications and other supporting data as attached and on pile with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 20, 201 1 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS I 1. This permit is effective only Willi respect to the nature and volume of stormwater described in the application and other supporting data. 2. , This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this pernliIt, the Project Data Shect. The stormwater control has been designed to handle the'l--Cmoff from 174,560 square feet of impervious area. 3. for this project are incorporated by reference and are enforceable parts Approved plays and specifications of the permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 2 State Stormwater Management Systems Permit No. SW8 000317 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Sleep Inn Suites, Blackjack Investors, LLC Subdivision Permit NU111ber: SW8 000317 Location: Onslow County Applicant: Mr. Donnell Thompson, President N,lailing Address: Moosehaven Property Owners Association, Inc. 19 Egret Street Hilton I -lead Island, SC 29928 Application Date: February 2, 2001 Water Body Receiving Stormwater Runoff: Mill Creek (WO 19-9) Classification of Water Body: "SC - NSW" If Class SA, chloride sampling results: n/a Pond Depth, feet: 6.00 Permanent Pool Elevation, FMSL: 36.00 Drainage Area, acres: "Dotal Impervious Surfaces, ft2: Outparcels; ft2 0ffsite Area entering Pond, ft2: Requires] Surface Area, ft2: Provided Surface Area, ft2: Required Storage VOIuE11C, ft': Provided Storage Volume, ft': "Temporary Storage Elevation, FMSL: Controlling Orifice: 5.00 174,560 Tract # I a 66,142 ftz and "Tract #2 a 55,460 ft2 3,190 to Tract #2, per Engineer 10,038 11,000 14,000 14,040 37.18 1.50"(� pipe 3 State Stornlwater Management Systems Permit No. SW8 000317 11. SCHEDULE OFI COMPLIANCE I . The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During corlstlluction, el'OSIOn shall be kept to a minimum and any eroded areas o f the system will be repaired immediately. 3. All connections into the stormwater system from future areas or outparcels shall be made such that short- circuiting of the system does not occur. 4. ']'he pertnlitte I shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirely and mallltenanCe Must OCCUr at the scheduled intervals Including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation off side slopes. d. ]nlnlediate repair of eroded areas. C. Maintenance of side slopes in accordance with approved plans and specifications_ f. Debris Iremoval and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 5. Records of maintenance activities must be kept and made available upon request to authorized personnel of D`VQ. The records will indicate the date, activity, name ofperson performing the work and what actions were taken. 6. Decorative spray fountains will not be allowed in the stormwater treatment system. 7. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are Constructed in accordance with the conditions of this permit, the approved plans and specifications, and Other supporting data. S. Upon conlpletio n ofconstruction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a Certification must be received from an appropriate designer forthe system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications i lust be noted on the Certification. 9. A copy ofthc approved plans and specifications shall be maintained oil file by the Permittee for a mininitinl of ten years froth the date of the completion of construction. 10. Prior to the sale Iof any portion of the property; an access/maintenance easement to the stormwater facilities shall be granted Iin favor of the permitter if access to the stormwater facilities will be restricted by the sale of any portion o.ftile property. 11. The permitter is' responsible for verifying that the proposed built -upon al -ea does not eXCCCd the allowable built -upon area. 4 State Stormwater Management Systems Permit No. SW8 000317 12. -I f the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 13. Deed restrictions must be recorded prior to the sale of any outparcel or future area shown on the approved plans to ensure that future owners are made aware of the built -upon area limitations. The following statements must be recorded: "To ensure continued compliance with the NC Division of Water Quality Stormwater Management Permit Regulations, 15A NCAC 2H.1000, the maximum built -upon area far outparcel(s) and future areas shown on the approved plans are Tract 91 limited to 66,142 square feet and Tract 42 limited to 55,460 square feet. This allotted amount includes any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools." b. "The runoff from all built -upon area oil the outparcel or future area must be directed into the permitted stormwater control system." "Built -upon area in excess of the permitted amount will require a permit modification." Cl. "The connection into the stormwater control shall be made such that short-circuiting of the system does not occur." 14. A copy of the recorded deed restrictions with all statements as listed above, must be submitted to the DWQ within 30 days of the date of the recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear the stamp/seal of the Register of Deeds. 15. The following items will require a modification to the permit: It. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. C. Further subdivision, acquisition, or sale ofthe project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 16. The Director may determine that other revisions to the project should require a modification to the permit. 17. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the r::;i.ce, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies oFrevised plans and certification in writing to the Director that the changes have been made. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools 5 State Stormwater Managenlcrit Systems Permit No. SW8 000317 III. GENERAL CONDITIONS 1. This permit its not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by all application fee, documentation from the parties involved, and other supporting; materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 1 2. Failure to abide by the conditions and limitations contained in this permit May subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance L this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, o I r ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action; including those as may be required by this Division, such as the construction of additional or replacement storillwater management systems. 5. The Permittee; grants DENR Staff permission to enter the property for the purpose of inspecting all Coniponcllts of the permitted Stormwater managenicnt facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does riot stay any permit condition. 7. Unless specifie d elsewhere, permanent seeding requirements for the storrivvater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. The permitter hall notify the Division ofany name; ownership or mailing address changes within 30 days. 1 - PCl'mit issued this the 20th day of February, 2001. NORTI-I CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevensl, Director Division of Wafer Quality By Authority o I the Environmental Management Commission 'i Vei-mit Number- SW8 000317 on Sleep Inn Suites, Blackjack Investors, LLC Subdivision Stormwater Permit No. SW8 000317 OnsIOW County Designer's Certification Q as a duly registered State Stormwater Management Systems Permit No. SW8 000317 Page 1 of 2 to the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be buiit within substantial compliance and intent of the approved plans and specifications. 1 have checked the items listed on Page 2 of this form as a part of this Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL 7 State Stormwater Management Systems Permit No. SW8 000317 Certi[ica€ion Requirements: Page 2 of2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 1All the built -upon area associated with the project is graded such that the runoffdrains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The Outlet structure is located per the approved plans. G. Trash rack is provided on the outlet/bypass structure. 7. All sl Ipes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All reclLred design depths are provided. 13. All regLred parts of the system are provided, such as a vegetated shelf, and a forebay. 14. "I"lie overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDEN1Z-DWQ Regional Office Mitchell Parker, Onslow County Building Inspector State Stormwater Management Systems Permit No. SW8 000317 STATE OF NORTH CAROLINA DEPARTMENT OIL ENVIRONMENT AND NATURAL RESOURCE'S DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT 1 n accordance with the provisions of Article 21 of Chapter 143, Gencral StatUteS ol'North Carolina as amended, and other applicable Laws, Rules, and Regulations PLRMISSION IS H1 IZE13Y GRANTED `I'O Moosehcrven Properly Owners Association, Inc. Sleep Inn Suites, Blackjack Ini7estors, LLCSubclivision Oilsioil, Counly FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 21-1 .1000 (hereafter referred to as the "slornawcrlej• rules') and the approved stormwater management plans and speci f ications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 20, 2011 and shall be subject to the following specified conditions and limitations: L DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. ']'his stormwater system has been approved for the management of stormwater runoff as described on page 3 of tliis permit, the Project Data Shec..•The stormwater control has been designed to handle the runoff from 174,560 square feet of impervious area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of.,the permit. 4. The tract will be limited to the amount of built -Upon area indicated on page 3 of this permit, and per approved plans. 2 State Stormwater Management Systems Permit No. SWH 000317 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. 11*-�SOURCLS DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions ol'Article 21 of Chaptcr 143, Genera! Statute~ of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HLRE-BY GRANTED TO Moosehaven Prolmrly Owners Association, Inc. Sleep Inn Surges, Blackjack Investors, L,I_C Subdivision Onslory Coulloy FOR THE construction, operation tend maintenance ofa wet detention pond in compliance with the provisions of 15A NCAC 21-1 .1000 (hereafter referred to as the "voi•ln valet' t'llLes') and the approved stormwater nlanagen1Cnt plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part Of this pernllt. This permit shall be effective from the date of iSSUal1CC Ulltl l Febl-Llary 20, 2011 and shall be sublect to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application anti other supporting; data. 2. This stormwat it system has been approved for the management of stormwater runoff as described on page 3 of this permit! the Project Data Sheet. The stormwater control has been designed to handle the runoff from 174,560 square feet of impervious area. 3. Approved )roved plans and specifications for this pro•ect are incorporated b reference and are enforceable parts 11 i 1 1 J 1 Y al e l ofthe permit. 4. The tract will be limited to the alllOUnt of' bUllt-UP011 area indicated on page 3 of this permit, and per approved plans , 2 Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Reccivi State Stormwater Management Systems Permit No. SW8 000317 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Stormwater Runoff: Classification of Wat 6r Body: II_Class SA, chloride sampling results Pond Depth; feet: Permancnt Pool Elevation, FMSL: Drainage Area, acres: Total Impervious Surfaces, ftz: Outparcels, ft' Offsite Area entering fond, ft2: Required Surface Area ftz: Provided Surface Area, ft2: Required Storage VolumC, ft3: Provided Storage Voluilic, ft;: Temporary Storage Elevation, FMS11: Controlling Orifice: Sicep Inn Suites, Blackjack Investors, LLC Subdivision SW8 000317 onslow County Mr. Donnell Thompson, President Mooschaven Property Owners Association, Inc. 19 Egret Street Hilton Head Island, SC 29929 February 2, 2001 Mill Creek (WO 19-9) "SC - NSW" n/a 6.00 36.00 5.00 174,560 Tract # 1 @ 66,142 ft2 and "Tract #2 a 55,460 ftz 3,190 to "Tract #2, per Engineer 10,038 11,000 14,000 14,040 37.18 1.50"c pipe 3 State Stormwater Management Systems Permit No. SW8 000317 IL SCHFAWLL OIL COMPLIANCE 1. The storrim,ler management system shall be constructed in it's entirety, vegetated and operational for its intended lisCIprior to the construction of any built -upon surface. 2. During construction, CrOsion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3. All comlecticins into the stormwater system from future areas or u outparcels shall be made sch tlltlt short- circuiting of the system does not occur. 4. "['Ile pernlittec shall at all times provide the operation and maintenance necessary to assure the permitted Slorillwater SySlC111 I-UnCtions at optimum efficiency. ']'he approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the schedUICd intervals li1ClUding, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal, C. MowiiIig and revegetation of side slopes. d. Immediate repair of eroded areas. C. Maintenance of side slopes in accordance with approved plans and specifications. F. Dcbris}removal and unclogging Of Outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure nllist be available at all times. 5. Records ofmainteilance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 6. DCCOrative spry fountains will not be allowed in the stormwater treatment system. 7. The facilities shall beconstructed as shown on the approved plans. "this permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. S. Upon completi n of Construction, prior to issuance of a Certificate of Occupancy, and prior to operation of' this permitted facility, a certi f ication must be received from in appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications mi ust be noted on the Certification. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee fora minimum of ten years fronl the date Of the completion of construction. 10. Prior to t,e sale fany portion of the property, an accesslmaiiltcnai,cecasement to the stormwater facilities shall be granted to favor of the Permittee if access to the stormwater facilities will be restricted by the sale orally portion of the property. 1. I'hc Permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. lI State Storillwater Management Systems Permit No. SW8 000317 12. 1l'the storm Water system was used as all Erosion Control device, it must be restored to design condition prior to operation I�ls a stormwater treatment device, and prior to occupancy of the facility. Dced restrictions must be recorded prior to the sale of any outpal-ce] or future area shown on the approved plans to ensure that future owners are made aware of the built -upon area limitations. The following; statements mIIust be recorded: a. 11TO e lsure continued compliance with the NC Division of Water Quality Stormwater Management Perniit. Regulations, 15A NCAC .1000, the maximum built -upon area for outparcel(s) and future areas shown oil the approved plans are "Tract #1 limited to 66,142 square feet and "Tract #2 limited to 55 '460 square feet. `Phis allotted amount includes any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. 1311ilt upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stolle,1slatc, coquina and parking; areas, but does not include raised, open wood decking, or the water surfilcc Of Swimming pools." b. "The runoff 1'rom all built -upon area on the outparcel or future area must be directed into the permitted stormwater control system." C. "Built upon area in excess of the permitted amount will require a permit modification." d. "'The connection into the stormwater control shall be made such that short-circuiting of the s stem i g Y does not occur." 14. A copy of the recorded deed restrictions with all statements as listed above, must be submitted to the DW Q within 30 days of the date of the recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear the stamp/seal of' the Register of Deeds. 15. The following itenis will require a modification to the permit: a. Any revision to the approved plans, regardless of sire. b. Project iname change. C. Transfer of ownership. Cl. Redesigjn or addition to the approved amount of built -upon area. C. F urthcr subdivision, acquisition, or sale of the project area. The project area is defined as all property owned h), the permittee, for which Sedimentation and Lrosion Control Plan approval and/or a LAMA Major permit was sought. F. Filling inn, altering, or piping of any vegetative conveyance shown on the approved plan. 16. The Director nl I y determine that other revisions to the project should require a modification to the permit. 17. The Director nJy noti fy the permittee when the permitted site does not meet one or more of the mimilltlnl requirements ofthepermit. Within the time frame specified in the notice, the permittee shall submit awritten time schedule t0 mthe Director for modifying the site to sleet mininium requirements. The permittee shall provide topics off revised plans and certification ill writing to the Director that the changes have been made. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, ol• the water stlrfacc of swilliming pools 5 State Stormwater Management Systems Permit No. SW8 000317 Ill. GENERAL CONDITIONS I 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permitter, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. l ailure to abide by the conditions and limitations contained in this pernlit may subject the Permitter to enforcerllent action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance o f this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) Which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Pernlittee shall take immediate corrective action, including those as may be required by this Division, such as the c011S11-LICtio11 of additional of replacement stornlwater management Systems. 5. The pernlitteel grants DFNR Staff permission to enter the property for the purpose of inspecting all components oaf the permitted stornlwater management facility. 6. The pernlit 111L be modified, revoked and reissued or terminated for cause. The tiling of a request for a permit Illodlficatlon, revocation and reissuanCe or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. The periluttee Shall notify the Division of ally Ilame, ownership or malling address changes within 30 days. Permit issued this the 20th day of February, 2001. NORTH CAROO LINA I NVIRONMENTAL MANAGEMI�NT COMMISSION Kerr 'I'. Stevens, Director Division of Water Quality By Authority of the Lnvironmental Management Commission Permit Niemhc'r SW8 000317 6 u , 4 Date Received Fee Paid Permit [dumber - � ,a 17 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT, APPLICATION FORM This form may be'photocopied for use as an original I. GENERAI:INFORNIATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): I ' 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Donnell T 3. Mailing Address for person listed in item 2 above: 19 Earet Street City: Hilton Head Island State: Sc zip: 29928 Telephone Number: 843 686-67$6 4_ Project Name ( subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Sleek sari_& Suites. _Tract 3 - Blackjack investorsvLLCoSubdivisnn 5. Location of Project (street address): City: _Jacksony i l le I. 6. Directions to project (from nearest major intersection): I County: _ Onslow --- -Approximat�ly 0.10 miles South—onHighway 17 from intersection of US Highway 17 and NCSR 14�70 (Western Blvd.) _ 7. Latitude: 34 °46' 36.1 " Longitude: 77 ° 23' 42.8" of project 8. Contact person who can answer questions about the project: } Name:_j avid K_ Newsnm, ,Inhn I_- Pierre A Telephone Number: ( 910 _) 346-9Ron } Associates A.A. H. PERTMIT LNTO&MATION: 1. Specify whether,project is (check one): New Renewal _Modification `10 POCM (jf"-5wg ppp3l% Form SWU-101 Version 3.99 Page 1 of 4 2, if this application is being sub tted�resullal or modification to an existing permit, list the existing permit numberand its issue date (if known)NIQ 3. Specify the type of project (che one): Low Density X (X High Density Redevelop General Permit Other 4. Additional PrLct Requirements (check applicable blanks): _CAMA Major XX Sedimentation/Erosion Control �404/401 Permit �NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-674i III. PROJECTINFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Stormwater from proiect (Tract 3-Sleep Inn_& Suites) will be treated in stormwater PO nd (90% TSS�removal) - Pond designed to also accommodate offsite Tracts 1 & 2 2. Stormwater runoff from this project drains to the White Oak ( New River) _ River basin. 3. Total Project Area: 5 _'Do _acres 4. Project Built Upon Area: 24.3% % 5. How many drainage areas does the project have?� 4 6. Complete the foIIowing information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. OFFSITE TRACT #1 OFFSITE TRACT #2 Receiving Stream Name Dote' s Branch (Mill Creek) Receiving Stream Class C-NSW Drainage Area 1 1.59 aC (69,326 s . f . 1.41 ac . (61, 503 S . f . ) Existing Im erviousj Area -0- -0- Proposed Lnervious*Area -0- 3190 s.f. % Impervious* Area!(total) -0- 5. 2% c`i eArea`` Otis .� ac d a Draartage �4rea1 `y 5 Dazriage Areau2 " v� € ., On -site Buildings I I -0_ -0-. On -site Streets I _0' -0- On-site Parking I -0- -0- On-site Sidewalks -0- - 0 - Otherm-site (Dumpster Pad) -o= �ti��� 66 � Off -site 3190 s . f . Total: -0- s� Total: 3190 s . f . S7 65� Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 version 3.99 Page'2' of 4 . 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing pern- it number and its issue date (if known) 3. Specify the typal e of project (check one): Low Density High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): TCAMA Major _Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT�INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. �I 2. Stormwater runoff from this project drains to the River basin. 3. Total Project A lea: acres 4. Project Built Upon Area: % 5. How many drainage areas does the project have? 6. Complete the foilowing information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. ISLEEP INN & SUITES TRACT 03 OFFSITE TRACT #4 (POND) Base Iiifoxmatiort "� Drama a Area 1 , Drarnage' �.'..., g Ai6a. : F D Area 2" Receiving Stream Name DOTE' S BRANCH MILL CREEK Receiving Stream Class C-NSW Drainage Area 1.45 ac (63 , 020 s . f .) 0.55 ac 23,970 Existing Impervious *I Area -0- -0- Pro osed Im ervious`Area - 0 _ % Impervious Area�(total) 79. 0% x x, erv�ous S�izfacejA ea �...,. .. .. .. � �� Drainage Area,T x f .. �Ly �p Drina drew -"».. ..'.. On -site Buildings 9911 s ** On -site Streets On -site Parking On -site Sidewalks 1,575 Other on -site 144 s . f Off -site Total: 49,768 s . f . Total: _ 0- `Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. **8998 Building G• 913 Pool Area Form SWU-101 Version 3.99 Page of 4 9911 TOTAL 7. How was the;off-site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number I as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than I square feet of any lot shall be covered bu Structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not L filled in, piped, or altered except as necessary to provide driveway crossings: 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all theapplicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Fonn SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Law Density Supplement Farm SWU-145 Curb Outlet System Supplement Form SWU-105 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided nextto each item. _Iru� s • Original and one copy of the Stonnwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $ 20 (payable to NCDENR) • Detailed narirative description of sto=water treatment/management • Two copies of plans and specifications, including: -Development/Project name - Engineer and firm - Legend - North arrow - Seale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - DrIa.inage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your. behalf, please coatpll to is section - Designated agent (in vidualorfirrn): John L. Pierce & Associates P.A. Mailing City: Jacksonville State: NC Zip: 28,540 I Phone: ( 910 ) 346 9ROI) Fax: ( ql o ) 3a6_ 12 1 n VIIL APPLICANTS CERTIFICATION I, (print or type name of person listed in General Information, item Z) Donnell Thompson, President certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective coven is will -be ecorded, and that the proposed project complies with the requirements of 15A NCAC 2H . trOoo. I Signatur Date:Il t Form SWU-101 Version 3.99 Page 4 of 4 Permit No. a (to be provided 6v DWQ) State of North Carolina Departrnent of Environment and Natural Resources Division of Water Quality RNfWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Flan Kevtew: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. 1:. PROJECT INFORMATION Project Name: Sl ran inn & SIdtes _ Contact Person: David K. Newsom, John L. Pier_ce _& Phone Number: (410 ) 346-9n�_ For projects with multiple basins, spectry wASSOh ch basin' is worksheet applies to: elevations Basin Bottom Permanent Pool Temporary Pool areas Permanent Pool S Drainage Area Impervious Area volumes n 30.00 ft. ion 36.00 ft. ion 37.18 ft. Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA1 Diameter of Orifice Design Rainfall Design TSS Removal 2 Form SWU-102 Rev 3.99 Area 11,000 sq. fr. 5 a000 ac. 4.01 ac. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -sire drainage to the basin) q.S; ooa llil, pe - A_,,14 Oe-sa.... OLjo i cu. ft. (combined volume of main basin and forebay) 14,000 cu. ft. (volume detained above the permanent pool)" -3-f�flft cu. ft. (approximately 20% of total volume) 4.61 % (surface area to drainage area ratio from DWQ table) in_ (2 to 5 day temporary pool draw -down required) 1 in. 90% % (minimum 85% required) Pa-e 1 of 4 Footnotes: 1 When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious %I and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entnes. 2 In the 20 coastal counties, the requirement for a vegetative f lter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. U. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment. Health and Natural Resources, February t999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space (provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an anent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants tials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 201,7o of the basin volume. AoflIv c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the. outlet (include non -erosive flow calculations) l 2)/ f. The basin Iength to width ratio is greater than 3:.1. l g. The basin side slopes above the permanent pool are no steeper than _:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorde drainage easement is provided for each basin including g access to nearest riht- of-way. el ro c)ew)e , kt�&nuvqYMC-) 4//A 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mech is cifzed which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND I1/IAINTENANCE AGREENMN T The wet detention basin system is defined as the wet detention basin, pretreatment including foreba s and the vegetated filter if one is provided. This system check onS 0 does/doesotincor orate a ve t y ( )p vegetated filter at.the outlet. This system (check one) 0 does U16es not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 i Maintenance activitIles shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the w et detention basin system for sediment accumulation, erosion, trash accumulation, vegetated co'er, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper ! nctioning. , 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (Le. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the perm. lent pool depth reads 4.50 feet in: the main pond, the sediment shall be removed. When the permanent pool depth reads 4.50 . feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 36.00 I Sediment Re oval El. 31.50 ! - -__! Sediment Removal Elevation 31.50 /3% Bottom Ele anon 30.00- %----------------------- ` T t Bottom Elevation 30.00%a FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. 1 ' Print name: Donnel I Thompson Title: Presidend- Moose aven ProQprtyOwaer,;I Assnriatinn 1nr._ Address: 1 Phone Date .ae Note: The legally responsible parry should nct be a homeowners association unless more than 50% of the lots adve been sold and a resident of the subdivision has been named the president. I, d , a Notary Publi for the State of ;L�:C�G��4i County of j2, do hereby certify that personally appeared before me this day of C� , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires la f2'2z,K6 Form SWU-102 Rev 3.99 1 Page 4 of 4 I'll tityNil mcs -- hltp://www. Secretary.stale.nc.us/corporations/Corp.asp?458zt994 TTE Corporation Na'I es Name DEPARTMENT OF THE SECRETARY OF STATE Date: 2/20/2001 Document Filinas BLACKJACK INVESTORS, LLC Limited LiabilitylCompany Information SOSID: 0477490 Status: Current -Active Name Date Forme ld: 12/3/1998 Citizenship Domestic State of Inc: NC Duration: DEC 2038 Registered Age lnt Agent Name:l PIERCE, JOHN L Registered Office 409 Johnson Blvd Address: f Jacksonville NC 28540 Registered Mailing PO Box 1685 Address: j Jacksonville NC 28540 Corporations Name Type Legal NC Principal Office Address 409 Johnson Blvd Jacksonville NC 28540 I of 1 1 02/20/2001 10:30 AM Entity 'gWlIes -i hitp:l/www.Secretary.state. nc.us/corporati oii s/Corp. asp?5287733 In DEPARTMENT OF THE SECRETARY OF STATE Date: 2/20/2001 Document Filin Corporation Names Name I Moosehaven Development, Inc. Business Corporation Information SOSID: 0566132 Status: Current -Active Name Date Formeld: 101512000 Citizenship: Domestic State of Inc �: NC Duration: Perpetual Registered Agent Agent Name: Bullock, Betty Registered Office 409 Johnson Blvd Address: Jacksonville NC 28540 Registered Mailing 409 Johnson Blvd Address: I Jacksonville NC 28540 Corporations Name Type Legal NC Principal Office Address 409 Johnson Blvd Jacksonville NC 28540 I of I 1 02/20/2001 10:36 AM r JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210-- E-MAIL: jpierce®onslowonline.net FFB G 2 1-UU1 P.O. Box 1685 409 Johnson Blvd. Jacksonville, NC 28541 BY: Jacksonville, N.C. 28540 January 25, 2001 Scott Vinson Stormwater Section N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, N.C. 28405-3845 Re: StOrmwater Project No. SW8 000317MOD Blackjack Investors, LLC Subdivision Onslow County Dear Mr. I Vinson, We submit this letter on behalf of Blackjack Investors, LLC in response dated January 24, 2001. Our response to each of your comments are as numbers correspond to your FAX): l . The site contains no wetlands. Note 17 states that site contains environ mental concern. 2. Riser notch elevation has been corrected per your comment (thanks). 3. Per your request I have reviewed and refined the forebay calculations. the plans, the design calculations and the Wet Detention Basi Should Yours David K. JOHN L. have any questions, please feel free to contact me. E & ASSOCIATES to your FAX follows (Item no areas of n LOTS, FARMLAND AND�WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase T Environmental Audit / Risk Assessment State of Nortri Lazolina ' Deparb:nemt of Environment and Nat=2 Resources Diti-Lsion of Water Quality STORNfWATER N:L NAGENiENT P=MIT APPLICATION FORM 'WET DETENTION BASIN SUPPLEMENT Trl5 fors ,ram be pncrcczie_' ,fir as an or:gnal Dlly } Stognware' A GaTlDleiz SZO=L walier inarnagerrenl Fi2r;.� subri11=i inciudies man arcHcaLicn foma - a e,L de,endon b�Sirl s rsie neat ro-r each I basin. o"'esi= calculations, and pla_r s and s o —Ing all basin and, oerlei I. PROJECT LN_'OR' U%-TI4N Project Name: �I Fan Tna & Su f }oc _ i Contact Person: Ovid K. Newsom, John 1_. Piorr­ & Phone Number: (910 gA6-aFn0 I Assaciat�es P. For projects with multiple basins, speciry wnicr� basin s work, acpiies to: elevations Basin Bottom Fievatio I _ 30, Off f- (f a oor of the bsin) Permanent Pool Elewin` n 36.00 fr_ (elevationrifi of the oce) Temporarl Pool Eevanon 37.18 fr_ (eleva�zon of the discharge strut^acre over ow) areas Permanent Pool Sun -ace Area 11 , 000 sq. fr. (water surace area ar the orif, ce 'elevarion) DrainaQA P"-ea 5,000 ac. (on -sire and orb= -sire drainuge to the basin) lmrer�ious Area 4.01 ac. (or. -site and off -site draina^e ro the basin) volumes Pe_nnanenc Pool Volume iLLOQO cu. ft_ (corrcined volume or main basin and foreliay) Te:npoa,r pool Volume 14.000 cu. - (volume dera&led Love the pernanenr pool) Y ForebayVolurne ���G cu. - (cpprcL mL rei.r2017o cfroral volume) Other paramerer� SAJDAI 4.61% (surace area to draineoe area ratio from DWQ racle) Diameter of Orrice in. (2 to 5 day temporary pool drev-down requirea) Desizi Rainfall Design TSS Removal = 90% (minimum 8517a required) Form SWU-102 Rev 3.99 Page I of 4 �D C E VRE FEB:0 2 2001 Dwa P. 1 FILE -MODE _ 6g5 MEMQRY TX *� * X- COMMUNICATION RESULT REPORT ( JRN.24.2001 OPTION ----REASON FOR ERROR E-6) HANG UP OR LINE FAIL ADDRESS (GROUP) --------------- B-9103461210 5: WPM ) TTI NCDENR WIRO RESULT -_-PAGE- --------4------- P. l- E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Division of Water Quality Wilco-bigton Regional Office Michael P. Easley, Governor William G. Ross Jr., Secretary FAX COVEJR SHEET Date: January 24, 2001 No. of Pages: 1 To: llavid Newsome, P.E. From: Scott Vinson ile Company. John Pierce & Associates, P.A. Water Quality Section - Stormwater FAX #: (410) 3464 210 FAX #: 910-350-2004 Phone #: 910-395-3900 DWQ Stormwater Project #S'WS 000317MOD Project Name: Blackjack investors, LEC Subdivision MESSAGE: David, Please s bmit the following information in order to continue the application review process of the above mentioned project: 1 1. Please delineate the wetlands on -site and show them on the plans. 2. an the Treatment Pond Section detail on sheet 2 of 4 of the plans, please correct the notch riser elevation for the temporary pool. It currently reads an , IP,,a#; ,.. " ' State of North Carolina Michael f . Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Governor William G. Ross Jr., Secretary FAX COVER SHEET Datc: January 24, 2001 No. of Pages: 1 To: David Newsome, P.F. From: Scott Vinson r Company:.I(�)hn Pierce & Associates, P.A. Water Quality Section - Stornv*vater I FAX #: (910) 346-1211) FAX #: 910-350-2004 Phone #: 910-395-3900 DWQ Stormwater Project #SW8 000317MOD Project Namc; Blackjack Investors, LLC Subdivision MESSAGE: David, I Please submit the following information in order to continue the application review process of the above mentioned project: lease delineate the wetlands on -site and show them on the plans. 2. On the Treatment Pond Section detail on sheet 2 of 4 of the plans, please correct the I otch riser elevation for the temporary pool. It currently reads an elevation 21.13. i 1 Oease review your calculations for fore bay volume determination. With 52,680 c.f. Of volume in for the permanent pool the fore bay volume should be around 10,53E elf. or 2011/o. It is Currently given as 13,000 c.l., or 25%. S:1WQS\S1'ORM WA'I'1nDDIN1','01000317..1AN 127 Cardinal Drive EXtension, Wilmington, NC 28,105-3845 Teleplumc (910) 395-3900 FAX (910) 350-2004 An E(JUal Opportunity Arlirmative Action Fmployer a �,.�H CARP Design Calculations �q S AL Stormwater Wet Detention Basin 148 for Moosehaven Property Owner's Associates' ,I,IOj�flt99r{+9y� Inc.'�'�•, �, --•=�•E,IyS�,. servmg Tracts 1, 2, 3 & 4 Blackjack Investors, LLC Subdivision Jacksonville, North Carolina November 15, 2000 7r�i66Z7 //26/p/ 1. Protect Descri tion The project consists of construction of stormwater facilities to serve a four tract subdivision located at the intersection of US 17 and Moosehaven Road in Jacksonville, N.C. Development plans for each tract are as follows: Area Tract 1 1.59 Ac (69,326 sf) Tract 2 1.41 Ac (61,503 so Tract 3 1.45 Ac (63,020 sf) Tract 4 0.55 Ac (23,970 sf) Total 5.00 Ac (217,819 st) Current Use Proposed Use currently vacant future commercial currently vacant future commercial currently vacant Sleep inn & Suites (Motel) currently vacant Stormwater Pond Pond and associated stormwater collection facilities will be constructed concurrently with Tract 3 development, a proposed motel. However, pond facilities will be owned and maintained by Moosehaven Property Owner's Association, Inc. 2. Design Requirements Project will be designed in accordance with NC Administrative Code Section 15A NCAC 2H.1000 — Stormwater Management. This site is in the category of "development aclivilies within in coastal counties except those areas draining to Outstanding Resource Waters or within one-half mile of and draining to S4 waters". Due to project density, an engineered solution (wet detention pond) will be required_ in accordance with regulations, the engineered solution shall be designed as to provide for 95% removal of total suspended solids with a vegetated filter or 90% removal without vegetative filter. 3. Required Pond Area a. Compute Percent Impervious: 1) Impervious Area Proposed Future Total zoos I'D Tract 1: -0- 66,142 sf 66,142 sf Tract 2: 3,190 sf 55,460 sf 58,650 sf PRO J DWO Tract 3: 49,768 sf -0- 49,768 sf Tract 4: -0- -0- -0- Total: 52,958 sf 121,602 sf 174,560 sf � E CE I V E U FEB.o 2 2001 DWQ PROJ # 2) Percent Impervious Proposed Future Total 24.3% 55.8% 80.1% Design pond for future (Total) conditions (80.1% impervious). b. Compute Surface Area: Using Surface Area to Drainage Area Ratio Chart for 90% TSS Removal (copy attached) and assuming 6.0' pond depth: SA/DA = 4.61% (interpolated) Therefore: Surface Area = SAMA x Drainage Area = 4.61% x 217,819 SF = 10,041 SF (say 11,000 SF) 4 Determine Volume to be Controlled from F Storm Using Schuler "Simple Method": Rv = 0.05 + 0.009(I) where I = percent impervious Rv = 0.771 inlin Control Volume = Design Rainfall x Rv x Drainage Area 1 in x 0.771 in/in x 5.00 AC = 3.86 acre -in or 0.32 acre-feet or 14,000 CF 5. Determine Depth ofStorag� Control Volume = (SA x d) 1 (perimeter) (1/2) (Md) (d) where: Control Volume W 14,000 CF SA = 11,000 SF M=3 perimeter = 2(60) + 2(184) = 488 solve for d - depth of storage d= 1.18 6. Determine Orifice Size Control volume must be drawn down over a period of two to five days: Q, = 14,000 CF / (2 days x 86,400 seconds per day) _ _081 cfs QS = 14,000 CF / (5 days x 86,400 seconds per day) i = .032 cfs Using orifice equation (rearranged to solve for diameter): D = (Q / 0.026 (h)") �'1 assume h = 1.0' D,, = (.081 cfs / 0.026 (1)1Vr_ D� = 1.77" DS = (.03_cfs /0.0^6(1)'-)�n D, = 1.11" Use 1.5" diameter orifice 7. Primary Outlet Primary outlet shall be a 48" C114P installed vertically as a weir structure to pass the 10 year design storm. The 10 year peak discharge (Qio) is computed using the Rational formula as follows: Ql,.CIA where: C w 0.80 (comrnercial) Iia e 7.0 in/hr (Wilmington IDF curve w/ tc=15 min.) A = 5.00 Ac Quo=(0.80) x (7A) x (5.00) = 28.0 cfs Assuming '/ of the entire circumference of 48" CN4P is used as weir, flow per foot of weir may be computed as follows: Flow per foot = 28.0 cfs / ((48" / 12) x PI / 2) = 4.46 cfs/foot Using sharp crested weir tables (copy attached): where: h = observed head p = 6 (pond depth) h=-1.21' S. 1 mer encv S illwav Elevation of the emergency spillway shall be set at the depth of flow of the 100 veal storm over the primary outlet. The 100-year peak discharge (Q3oo) is computed using the Rational formula as follows: Q,00_CIA where: C = 0.80 I eau _ 9.0 in/hr (Wilmington IDF curve w/ to = 15 min) A = 5.00 Ac Qloo=(0.80) x (9.0) x (5.00) = 36.0 cfs Assuming '/ of the entire circumference of 48" CIMP is used as weir, flow per foot of weir may be computed as follows: Flow per foot = 3 6. 0 cfs / ((4T' / 12) x Pl / 2) — 1.7-1 cfJroet Usimg sharp crested weir tables (cepy attached): ,M-ere: h = obserred head p = 6 (pond depth) h = 1.4_' Emergencv spillwav shall be a broad crested earthen weir designed to pass the 100 year storm (in case primary outlet blocked or overwhelmed): Using the broad crested weir equation (rearranged for H): H=(Q/C, x L)" where: Q 36.0 cfs Cw = weir coefficient (3.0) L leneth of weir (ft) (try 40') H = depth 11MMI y 9. Forebav Forebav shall include 20% of pond volume: Forebay volume = 4'64C'O Cl/= x 204'0 = WGOC-t-(rounded) 10. Summary Elevations (assuminU bottom = Elev. 30.001: Relative Actual Elevation Elevation 100 Yr. Flood (top) - 8.60 33.60 100 Yr. flood storage cause: 1.42 - 10 Yr. FIood - 8.39 38.39 10 Yr, flood storage range: 1.21 1-Inch Storage - 7.18 37.18 1-rach sroragc range: 1.18 Permanent Pool - 6.00 36.00 Bottom - 0.00 30.00 Outlet Devices: Use 1.5" orifice bleed down Use 48" diameter C.W primary discharge weir Use 40' broad crested weir emergency spillway it •' QI�H GA�p �► O i Design Calculations E �' $ S Al Stormwater Wet Detention Basin 148 for Cf NE SOIL` Moosehaven Property Owner's Associates, Inc. G •• W 1t. NE serving Tracts 1, 2,3 & 4 Blackjack Investors, LLC Subdivision `ma�yy Jacksonville, North Carolina November 15, 2000 1 Proiect Descriotian The project consists of construction of stormwater facilities to serve a four tract subdivision located at the intersection of US 17 and Moosehaven Road in Jacksonville, N.C. Development plans for each tract are as follows: Aroma Current Use Proposed Use Tract 1 1.59 Ac (69,326 sf) currently vacant future commercial Tract 2 1.41 Ac (61,503 sf) currently vacant future commercial Tract 3 1.45 Ae (63,020 sf) currently vacant Sleep Inn & Suites (Motel) Tract 4 0.55 Ac (23,970 sf) currently vacant Stormwater Pond Total 5.00 Ac (217,819 sf) Pond and associated stormwater collection facilities will be, constructed concurrently with Tract 3 development, a proposed motel. However, pond facilities will be owned and maintained by Moosehaven Property Owner's Association, Inc. 2. _Design -Requirements Project will be designed in accordance with NC Administrative Code Section 15A NCAC 2H.1000 — Stormwater Management. This site is in the category of "development activities within in costal counties except those areas draining to Outstanding Resource Waters or within one-half mile of and draining to S,4 waters", Due to project density, an engineered solution (wet detention pond) will be required. In accordance with regulations, the engineered solution shall be designed as to provide for 95% removal of total suspended solids with a vegetated filter or 90% removal without vegetative filter. 3, Required Pond Area a. Compute Percent Impervious: 1) Impervious Area Proposed Future Total Tract 1: -0- 66,142 sf 66,142 sf Tract 2: 3,190 sf 55,460 sf 58,650 sf Tract 3: 49,768 sf -0- 49,768 sf Tract 4: -0- -0- -0- Total: 52,958 sf 121,602 sf 174,560 sf ..� + , 4, � t a �1: 1 i• f .f��.'f' I >u � . - � . � � � ., _ ;, _ � . � � .. F, • `'' 'r - is � - ., i � .� � ., �.• • .� f.' 2) Percent Impervious Progsed FFutur Total 243% 55.8% 80.1% Design pond for future (Total) conditions (80.1% impervious). b. Compute Surface Area; Using Surface Area to Drainage Area Ratio Chart for W/o TSS Removal (copy attached) and assuming 6.0' pond depth: SA/DA = 4.61% (interpolated) Therefore: Surface Area = SA/DA x Drainage Area =4,61% x 217,819 SF = 10,041 SF (say 11,000 SF) Using Schuler "Simple Method": Rv = 0.05 + 0.009(I) where I = percent impervious Rv = 0.771 in/in Control Volume = Design Rainfall x Rv x Drainage Area = 1 in x 0.771 in/in x 5,00 AC = 3.86 acre -in or 0.32 acre-feet or 14,000 CF Control Volume = (SA x d) + (perimeter) (1/2) (Md) (d) where: Control Volume = 14,000 CF SA = 11,000 SF M = 3 perimeter = 2(60) + 2(184) = 488 solve for d - depth of storage d = 1.18 Control volume must be drawn down over a period of two to five days: Q2 = 14,000 CF / (2 days x 86,400 seconds per day) _ .081 cfs QS = 14,000 CF / (5 days x 86,400 seconds per day) I > r . irk. i 1 •. r = .032 efs Using orifice equation (rearranged to solve for diameter): D = (Q / 0.026 (h)12) /' asswne h = 1.0' D2 = (.081 cfs/0.026(1)s4)rn D2 - 1.77" D5 = (.032 cfs / 0,026 (1)4)12 DS — 1.11" Use 1.5" diameter orifice T. Prim ray Outlet Primary outlet shall he a 487' CMP installed vertically as a weir structure to pass the 10 year design storm. The 10 year peak discharge (QEa) is computed using the Rational formula as follows: Q,,=CIA where: C = 0.80 (commercial) lla = 7.0 in/hr (Wilmington TDF curve w/ tc=l5 min.) A = 5.00 Ac Q10=(0.80) x (7.0) x (5.00) = 28.0 efs Assuming '/z of the entire circumference of 48" CMP is used as weir, flow per foot of weir may be computed as follows: Flow per foot = 28.0 cfs / ((48" / 12) x PI / 2) = 4.46 cfs/foot Using sharp crested weir tables (copy attached) where: h = observed head p= 6 (pond depth) h = 1.21 ' 8 Emergency Spillway Elevation of the emergency spillway shall be set at the depth of flow of the 100 year storm over the primaryoutlet. The 100-year peak discharge (Qlw) is computed using the Rational formula as follows: Q,00=CIA where. C = 0.90 I100 0 9.0 in/hr (Wilmington IDF curve w/ tc = 15 min) A = 5.00 Ac Q100 = (0.80) x (9.0) x (5.00) 36.0 efs . .i + �� � 1 - 1 ' � 1 Assuming 'A of the entire circumference of 48" CMP is used as weir, flow per foot of weir may be computed as follows: Flow per foot = 36.0 cfs / ((48" / 12) x P1 / 2) = 5.73 efs/foot Using sharp crested weir tables (copy attached): where: h = observed head p = 6 (pond depth) h= 1.42' Emergency spillway shall be a broad crested earthen weir designed to pass the 100 year storm (in case primary outlet blocked or overwhelmed): Using the broad crested weir equation (rearranged for H): H=(Q/Cw x L)" where: Q S 36.0 cfs Cw = weir coefficient (3.0) L = length of weir (fl) (try 40') H = depth H = 0.71' 9. Forgbay Forebay shall include 200/6 of pond volume: Forebay volume = (52,680 SF — 14,000 SF) x 20% = 13,000 SF (rounded) 10. Summary Elevations (assuming bottom = Elev. 30.00): Relative Actual Elevation Elevation 100 Yr. Flood (top) - 8.60 38.60 100 Yr. flood storage range: 1.42 10 Yr. Flood - 8.39 38.39 10 Yr. t]o(A storage range: 1.21 1-lnch Storage - 7.18 37.18 1-Inch storage range: 1.18 Permanent Pool - 6,00 36.00 Bottom - 0.00 30.00 Outlet Devices: Use 1.5" orifice bleed down Use 48" diameter CMP primary discharge weir Use 40' broad crested weir emergency spillway JOHN L. PIERCE & ASSOCIATES, P.A. Land Surveying - Land Planning - Mapping P.O. Box 1685 409 Johnson Blvd. Jacksonville, N.C. 28541 Officc: (910) 346-9800 Fax No.: (910) 346-1210 E-Mail: jpicrec t onslowonline.net TO Ms. Linda Lewis N.C. Department of Environment and Nall- xal RQcniirrac 127 North Cardinal Drive WE ARE SENDING YOU ❑ Drawings ❑ Copy of Letter ❑ Attached ❑ Prints ❑ Change order EFMo i ) 3 I 7tter of transmittal °November 29, 2000 '013 NO. AT "QN �>:nda Lewis ' Blackjack Investors LLC Permit o. ❑ Under separate cover via P m Plans ❑ Samples the following items: ❑ Specifications COPIES DATE NUMBER DESCRIPTION 2 Sets of "REVISED" applications with plans 1 Check in the amount of four hundred twenty dollars ($420.0 1 Copy of your letter dated 11/22/00 1 Vv THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due 19 ❑ Prints returned after loan to us REMARKS Shoudl you need any additional ZSIGNED i 0 JOHN L. PIERCE & ASSOCIATES, P.A. Land Surveying - Land Planning - Mapping P.O. Box 1685 409Johnson Blvd, Jacksonville, N.C. 28541 Office: (910) 346-9800 Fax No.: (910) 346-1210 E-Mail: jpicrce@onslowonline.net TO Ms. Linda Lewis N.C. Department of Environment J--and —Natural - Reseurees r 127 North Cardinal Drive Wilmington, WE ARE SENDING YOU ❑ Drawings ❑ Copy of Letter ❑ Attached ❑ Prints ❑ Change order NOV 21 2000 SY:_ -DAri ��1� JOB NO November 20 2000. ATTENTION Linda Lewis RE Sleep Inn & Suites - Tract 3 Blackjack Investors LLC Subdivision F_ ❑ Under separate cover via ❑ Plans letter of transmittal ❑ Samples the following items: ❑ Specifications COPIES DATE NUMBER DESCRIPTION 2 Complete sets of plans 2 Stormwater Mana emont Permit Applications 1 Check in the amount of four houndred twenty dollars($420.0 2 Sets of "Desi-qn Calc tion " THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ Forbids due 19 7 Prints returned after loan to us REMARKS Should you need any additional information, please let us kDow. iAzzaSIGNED State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality April 13, 2000 Mr. Dewey Bordeaux, Manager Blackjack Investors, LLC PO Box 7287 Jacksonville, NC 28540 Subject: Permit No. SW8 000317 Blackjack Investors LLC General Permit Stormwater-Clear and Grade Onslow County Dear Mr. Bordeaux: The Wilmington Regional Office received a complete-Stormwater. Management Permit Application for Blackjack Investors LLC on March 12, 2000. Staff review of the plans and specifications has determined,thaf the proj ect, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H .l 000. We are forwarding Permit No. SW8 000317 dated April 13, 2000, for the clearing and grading only of Blackjack Investors LLC. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27511-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either me or Noelle Lutheran at (910) 395-3900. Sincerely, 1 �.�'... �✓ram . � ��----'�., � -� ��,. '`-� � � Rick Shiver Water Quality Regional Supervisor RSS/nml: S:1WQSISTORMWATIPERMIT1000317.APR cc: John Pierce Corran Harper, Onslow County Inspections Noelle Lutheran Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State Stormwater Management Systems Permit No. SWS 000317 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Blackjack Investors, LLC Onslow County FOR THE clearing and grading of a site in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered apart of this permit for Blackjack Investors LLC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS Only clearing and grading activities are permitted. No built -upon area has been approved. The permittee must submit a modification prior to the construction of any built -upon surfaces. 2. The clearing and grading activity approved for this site is subject to the Sedimentation Erosion Control (SEC) requirements of North Carolina, therefore, a stormwater management permit is required for any development on any part of the project area covered by the SEC plan.. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. No new stormwater piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the division. 2 State Stormwater Management Systems Permit No. SW8 000317 II. SCHEDULE OF COMPLIANCE 1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Sedimentation and Erosion Control Plan. 2. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction for the following items: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign of, addition to or deletion of the approved amount of built -upon area, regardless of size. e. Subdivision of the project area. f. Alteration of the proposed drainage. 4. The Director may determine that other revisions to the project should require a modification to the permit. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 6. Any ponds built or expanded on this project after land disturbance has begun, that might be used as a stormwater treatment device later on, must be constructed with a forebay and a 10' wide 6.1 sloped vegetated shelf, per the requirements of the stormwater rules. The site may not be subdivided and/or sold until a modification to this permit is submitted and approved. If the project is sold, the permittee is responsible for notifying DWQ and providing the name, mailing address and phone number of the party that purchased the site, and initiating the transfer of the permit. HL GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A oftheNorth Carolina Administrative Code, Subchapter2H.1000; andNorth Carolina General Statute 143-215.1 et. al. State Stormwater Management Systems Permit No. SW8 000317 5. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. 7. The permittee grants permission to DENR Staff to enter the property for the purpose of inspecting the project. Permit issued this the 13th day of April, 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -------------- `� Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW$ 000317 4 L17,�; .":.3,..-:: :,'Y'�. � �,� E . � �, ?` OFFICEUS)✓-ONLY . ..�s .. ��.,, <�x�.� < �� M�„'.: � . �...H ;ram .:z:. Date Received Fee Paid Permit Number //.r' --iw 8 C 0o3f State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be'photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Blackjack Investors LLC 2, Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed in item 2 above: P.O—Box 7287 City: Jacksonville Stater zip: 28540 Telephone Number:347-2062 4.. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Blackjack Investors 1-IC __._._....._,.,, . 5. Location of Project (street address): Moosehave RQad- City: Jacksonville County: Ons 1 ow 6. Directions to project (from nearest major intersection): l or.at.pd a:t the intpr szer+ion o:f Moosehaven Road & U.S. Highway 17- 7. Latitude34046' 35" _ Longitude: 77°23' 43" of project 8. Contact person who can answer questions about the project: Name: John I . Pierce & Associates P.A. Telephone Number: 910 46-9800 Ii. PERMIT INFORMATION- 1. Specify whether project is (check one): XX New Renewal Modification Form SWU-101 Version 3.99 Page I of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): Low Density High Density Redevelop xx __General Permit Other 4. Additional Project Requirements (check applicable blanks): _CAMA Major }Sedimentation/Erosion Control �404/401 Permit �NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, surrunarize how stormwater will be treated. AIso attach a detailed narrative (one to two pages) describing stormwater management for the project, Entire tract to be cleared - no impervious 2. Stormwater runoff from this project drains to the White -Oak River basin. 3. Total Project Area: 5.0 acres 5. How many drainage areas does the project have? 4. Project Built Upon Area: 0 _ _% 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Receiving Stream Name Sandy Run Branch Receiving Stream Class Sr Drainage Area 5-0 Existina Impervious* Area 0.06 to be removed Proposed Irn ervious"Area _ 0 _ % 1m ervious* Area (total) a I n ezvious Sui#ace Areea. ., wDrainagerArea T�£ Drau�age::Area 2 �...s., On -site Buildings _0- On-site Streets On -site Parking -0- On-site Sidewalks Other on -site Off -site N/A Total: Total: * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. Lf lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than NZA square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be f-iIled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-10I Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form 41.7 • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of WO (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage'(including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VI1. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): John L. Pierce & Associates Mailing Address: P.O. Box 1685 City: Jacksonville State: NC zip: 28540 Phone:{ 910 } 346-9800 VIII. APPLICANT'S CERTIFICATION Fax: 910 346-1210 I, (print or type name of person listed in General Information, item 2) DewQy Bordeaux, Ma ppr�Ark j nvestors certify that the information included on this permit application form is, to the best of my knowledge, correct and LLC that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protectiveEovenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .10&. Signature: Date: r� a Form SWU-101 Version 3.99 Page 4 of 4 NARRATIVE BLACKJACK INVESTORS (5.0 ACRE TRACT). - THIS SITE IS LOCATED AT THE INTERSECTION OF MOOSEHAVEN ROAD AND U.S. HIGHWAY 17 IN JACKSONVILLE, NC. 1T 1S ABUTTED BY A COMBINATION OF RESIDENTIAL AND VACANT PROPERTY. TWO EXISTING RESIDENTIAL BUILDINGS CURRENTLY OCCUPY THE PROPERTY. THE ENTIRE SITE IS TO BE CLEARED (INCLUDING THE BUILDINGS) AND GRADED LEAVING A COMPLETELY PERVIOUS SITE. A SEDIMENTATION AND EROSION CONTROL PERMIT HAS BEEN APPROVED FOR THIS SITE. r5. ry ,+ i� 1 �'. �� 4 � ,r � � a'1 ' � ! ,f'. �'.� �. , '.� �' fir' �r�i 1 ix ;= • f � , �f5 1 ' � ?ist �.[ f.l 'S� r r. I i r ,1 I .Ir .:' � 'r .. .'f� f � r.•� .fr•,..'::- 04/12/2000 16:42 910-346-1210 JOHN L PIERCE PAGE 02 11l1L/uk) FRI lu:aZ VAA U197527380 MI'i`Lti r., ,! +7�vU+.:. (d}UUI 1 y�� M.it�c%ell a '` .A%_N �:c��:xate s , Inc. E)%IVIRON M N°l;;iAt—'.,f..(:INSU1.TANTS t t3 Weat 3rd St. a Gre",'ill N.C' 14 -:'i.; s '�.`..;+.752.•Fnf7 a *:.Lx: 252.752,7380 3975 Murkc : S[. Bldg. D Suite A • W ir►i,ii :L�j>r:. :' u tf1:S T 910.154.11602 • Fax-, 910.254.0603 4tt r7nvtcl�i �i-:,: .,, ica i•..-.rr}; TO: John Pierces: FROM: Joseph I..awler DATE: November 12. 1999 ItE: Mooaehaven Drive - Cur9ary I115t-)CL1+•', Ocar Mr- Pierce: This letter is in reference to the 5 acre parcel locrited na rlrr intersection of l lwy 17 And Moosehaven',3rivo in Jacksonville, Onslow County, rJorlii Ctirolina. The cursory inspection on 30 Septembei 1999 revealed that there were no wetl.' As on the property. Sec attached sketch for more detnils. Please contact me at the office if you hav<- any caurr;'-•"'s Sincerely, Joseph Lawic r E G E i V E APR 12 2000 LD PRO,I U n c B W � V W p Z o b m as FIVV cv n r1 N 1 � .- I� - l0 � R W I � . m � . n John Pierce property m W fmpection of 5-acre Tract m� CN and overview of 3-acrc Tract N .-r ti4 1 i \ APPU1MhTE LOCATION OF W�l.ANDS 0135ERVED DURING OVER "OF THI5 YA�c''EL Yk ~Er;"MTHIi�" !'tiI5 ;rr C Fh OIL Moorichaven Drive and Hwy 17 5ooth - Jacksonville onslow County, North Garolima N DRIVE Mitchell & Associates, Inc. 113 West 3rd Street Greenville, NC 27859 252.752.4077 Fax.252.752.7380 1d1 . i �a�y w JOHN L. PIERCE - SURVEYING Land Surveying - Land Planning - Mapping P.O. Box 1685 / 409 Johnson Blvd. jam, Jacksonville, N.C. 28541 v Office: (910) 346-9800 Fax No.. (910) 346-1210 E-Mail: jpierce@onslowonline.net TO Ms -Linda Lewis N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, NC 28405 WE ARE SENDING YOU ❑ Drawings ❑ Attached ❑ Copy of Letter ❑ Prints ❑ Change order =000-3 ��- letter of transmittal March 28, 2000 ATTENTION --Linda Lewiq tE Blackjack Investors LL . Hicthway.17 &Mooseh-aven: Road ❑ Under separate cover via ❑ Plans ❑ Samples the following items: ❑ Specifications COPIES DATE NUMBER DESCRIPTION 2 Copies of the "Sedimentation & Erosion Control Plan" 2 "Stormwater Management Permit Applications" 1 "Narrative" 1 Check in the amount of four hundred twenty dollars($420-00 THESE. ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due 19 ❑ Prints returned after loan to us REMARKS Should you need aay additional information, please advise. l SIGNE State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality March 27, 2000 Mr. John L. Pierce, Manager Blackjack Investors, LLC PO Box 1685 Jacksonville, NC 28540 Subject: PROJECT HOLD Blackjack Investors Site Stormwater Project No. SW8 000317 Onslow County Dear Mr. Pierce: On March 16, 2000, the Wilmington Regional Office received a request for clearing and grading activities only for the Blackjack Investors Site, located in Onslow County. This activity proposes no impervious surfaces, only clearing and grading of the site. The proposed clearing and grading activity is approved pursuant to NCAC 2H.1000, and the April 7, 1988 Interim Procedures memo. The clearing and grading of the site may commence in accordance with the approved Sedimentation and Erosion Control plan. Your stormwater application is being placed on administrative hold pending final design plans and submittal of the required documents to complete the application prior to construction of any impervious surfaces. No impervious surfaces other than a construction entrance may be built, and no new piping may be constructed. The project will be held for a period of 90 days from the date of this letter. If final design plans are not provided by that date, the file will be closed unless this Office receives a written request to extend the deadline. If you have any questions, please do not hesitate to call we at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: SAWQSISTORMWATIHOLD1000317.MAR cc: Linda Lewis Corann Harper, Onslow County inspections 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper JOHN L. PIERCE - SURVEYING LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: jpierce@onslowonline.net John L. Pierce, P.L.S., L-2596 March 23, 2000 Ms. Linda Lewis N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, NC 28405 Re: Blackjack Investors, LLC - Stormwater Project No, SW8 000317 Dear Ms. Lewis: RECEIVED MAR 2 7 ' 2000 BY: Post Office Box 1685 409 Johnson Blvd. Jacksonville, N.C. 28541 We are in receipt of your letter dated March 20, 2000 concerning the above referenced project. At the present time we are in the process of clearing and clean up the site with no plans of any construction of impervious areas at the present time. Once any plans are in place for construction we will submit the appropriate plans for stormwater approval. Should you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, John L. Pierce JOHN L. PIERCE & ASSOCIATES P.A. jp/bb LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase I Environmental Audit / Risk Assessment �- h• - T '. . ._ice. � ' .- .. .\. .. rr-.. .�(r t. .i ... ��� �: ♦ -. .�J 1. .. ... - 11 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office ,lames B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Division of Water Quality March 20, 2000 CERTIFIED MAIL #P 455 449 406 RETURN RECEIPT REQUESTED John L. Pierce, Manager Blackjack Investors, LLC PO Box 1685 Jacksonville. NC 28540 AL14 • NCDENF1 NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: REQUEST FOR STORMWATER MANAGEMENT PERMIT APPLICATION Blackjack Investors, LLC Stormwater Project No. SW8 000317 Onslow County Dear Mr. Pierce: On March 16, 2000, the Wilmington Regional Office received a copy of the Notice of Receipt of Erosion & Sedimentation Control Plan for Blackjack Investors, LLC. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan.approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than April 17, 2000. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-395-3900. Sincerely, �de, 9f" Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWATISTORMSUB1000317.Mar cc: Corann Harper, Onslow County Inspections Linda Lewis Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Aft3rmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Division of Water Quality March 20, 2000 CERTIFIED MAIL 4P 455 449 406 RETURN RECEIPT REQUESTED John L. Pierce, Manager Blackjack Investors, LLC. PO Box 1685 Jacksonville, NC 28540 Subject: REQUEST FOR STORMWATER MANAGEMENT PERMIT APPLICATION Blackjack Investors, LLC Stormwater Project No. SW8 000317 Onslow County Dear Mr. Pierce: On March 16, 2000, the Wilmington Regional Office received a copy of the Notice of Receipt of Erosion & Sedimentation Control Plan for Blackjack Investors, LLC. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than April 17, 2000. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-395-3900. Sincerely, if" Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWATISTORMSUB1000317.Mar cc: Corann Harper, Onslow County Inspections Linda Lewis Central Files '127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 9111-3511-2004 An Equal Opportunity Affirmative Action Employer 50% recycled1l0% post -consumer paper �l P, 4,5t5, 449 406 us Postal service ' Mai{ Receipt for Certified 'No insurance coverage Provided. Don t use for nternational Mail See N $ , 33 " Certified Fee Special Delivery Fee Restricted Delivery Fee L rn Retvm Receipt Showing to 0) Whom & Date DeliveiE red Return Receipt Showng to Wham, Date. & Addressee's Address O TOTAL Postage & Fa C,,q�!7 Postmark or Date F_ o U) a T,CEIVED MAR 15 2000 City of Jacksonville BY: Engineering TO: LETTER OF TRANSMITTAL Date: March 13, 2000 Attn: Ms. Linda_LeWIs C�5ON VILI,E IL Curing Community �9 HOME; OF' 4` 4 'wctMCAS14CW Division of Environmental Manaeernent Ref. Erosion & Sedimentation 127 Cardinal Drive Extension _ Blackjack Investors LLC at the Wilmington. N.C. 28405 intersection of HyW 17 and Moosehaven Rd. Phone # (910) 395-3900 Linda: ^ WE ARE SENDING YOU XX ATTACHED _ UNDER SEPARATE COVER — PRINTS XX PLANS _ SPECIFICATIONS _ COPY OF LETTER XM OTHER Financial Responsibility form DESCRIPTION: THESE ARE TRANSMITTED AS CHECKED BELOW: _ FOR APPROVAL —AS REQUESTED _ FOR REVIEW AND COMMENT XX FOR YOUR USE DOCUMENTS ARE DUE TO BE RETURNED BY: PRINTS RETURNED AFTER LOAN TO US _ OTHER REMARKS: `I /7� Tom Andersan, Engineering Specialist COPIES TO: File Post Once Box 128 • Jacksonville, North Carolina 28541 - (910) 938-5249 • ) TDD# (910) 455-8852 • FAX (910) 455-6761