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HomeMy WebLinkAboutSW8130103_CURRENT PERMIT_20210701STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 13 0 1 0 3 DOC TYPE - ® CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 207-1 0-101 YYYYMMDD ROY COOPER covemor DIONNE DELI)-GATTI 6RIAN WRENN Director July 1, 2021 NORTH CAROLINA Ear6onmeatal QualUy Coba Ventures, LLC Attn: Babatunde A. Olatidoye, Member Manager P.O. Box 3743 Wilmington, NC 28406 Subject: Permit Renewal State Stormwater Management Permit No. SW8 130103 Serenity Point New Hanover County Dear Mr. Olatidoye The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on June 28, 2021. The Division is hereby notifying you that permit SW8 130103 has been renewed on July 1, 2021 and shall be effective until February 22, 2029. For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. As requested, a copy of the current operation and maintenance agreement is enclosed. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous -terms to provide you with a better understanding of your obligations under the permit. The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit The plans originally approved on February 22, 2013 and most recently corrected on September 9, 2015, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleymsmith@ncdenr.gov. Sincerely, ckav' 9 u Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History Renewal Application Documents DES/ams: %Stormwater\Permits & Projects\2013\130103 HD\2021 07 permit 130103 cc: NCDEQ-DEMLR Wilmington Regional Office .onm ®ra North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources r Wilmington Regioral ice 1127 cardinal Dnve Extension I Wilmington North Carolina 28405 910.796.7215 C,J7 _4e�4j State Stormwater Management Systems Permit No. SW8 130103 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT 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 Coba Ventures, LLC Serenity Point 4616 Serenity Point, Wilmington, New Hanover County FOR THE construction, operation and maintenance of two (2) infiltration trenches in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter collectively and separately 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 Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until February 22, 2029, and shall be subject to the following specified conditions and limitations I. DESIGN STANDARDS 1. This entire project is within 575ft of a saltwater outstanding resource water (ORW). Per 15A NCAC 2H .1007(2), the ORW Area of Environmental Concern (AEC) is delineated on the plans. The area inside the ORW AEC must maintain a 25% maximum impervious area. 2. This project is within a half mile of and draining to shellfish (SA) waters. Per SL2008-211, Section 2(b), (1)(c), stormwater discharges are prohibited. This project complies with this requirement by infiltrating the design storm. 3. Both infiltration trenches have been designed to infiltrate the 10yr24hr storm at half the infiltration rate reported in the soils report. Therefore the offline bypass and the vegetated filter strip are not required for either infiltration trench. 4. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 5. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 of this permit. The stormwater control has been designed to handle the runoff from 11,525 square feet of impervious area in drainage area 1 and 10,775 square feet of impervious area in drainage area 2. 6 The tract will be limited to the amount of built -upon area indicated in Section 1.11 of this permit, and as shown on the approved plans The built -upon area for the future development is limited to 840 square feet in each drainage area. Pagel of 7 State Stormwater Management Systems Permit No SW8 130103 7. 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 8. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 9. The project shall provide a 50' wide vegetated buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of streams and rivers, and the mean high water line of tidal waters. 10. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.11 of this permit. The subdivision is permitted for (4) four lots, each allowed a maximum amount of built -upon area as listed in Section 11.11 of this permit. Page 2 of 7 State Stormwater Management Systems Permit No, SW8 130103 11. The following design criteria have been permitted for the infiltration trench system and must be provided and maintained at design condition: Trench Trench #1 #2 a. Drainage Area, acres 0.48 0.38 Onsite, ft2: 20,780 16,770 Offsite, ft2: 0 0 b. Total Impervious Surfaces*, ft2: 11,525 10,775 Onsite, ft2: 11,525 10,775 Offsite, ft2. 0 0 Design Storm, inches (10yr24hr c. Storm): 7.00 7.00 d Trench Length, feet: e. Trench Width, feet: See Plans f. Trench Depth, feet: g. Bottom Elevation**, FMSL 3.75 4.00 h. Bottom Surface Area, ft2 2,635 1,677 i. Bypass Weir Elevation, FMSL*** N/A ER-501 Ecorain j. Chamber Model Number: Tank k. Number of Chambers: See Plans I. Permitted Storage Volume, ft3: 5,682 3,616 Predevelopment 1 yr 24 hr peak flow, M. cfs: 0.84 0.84 n. Type of Soil: Sand Sand o Expected Infiltration Rate, in/hr: 7.70 3.50 p Seasonal High Water Table, FMSL: 1.75 2.00 q. Time to Draw Down 10yr24hr Storm, 7.87 2561 hours: (at half reported rate) r. Receiving Stream/River Basin. ICWW s Stream Index Number: 18-87-(25 5) t Classification of Water Body: SA; ORW *Pool decks must be constructed of wooden slatted decking such that no impervious area is created as shown on the permitted plans unless a permit modification or plan revision is approved prior to installation. "The stone base below each trench is required for structural integrity, and is not a part of the infiltration mechanism. Therefore, the trenches are 2ft above the seasonal high water table, but the stone base is within 2ft. The "bottom elevation" refers to the bottom of the trenches. *** Both trenches can infiltrate the 10yr24hr storm event at half the reported rate without discharge. Therefore no vegetated filter strip or bypass is required. II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately Page 3 of 7 State Stormwater Management Systems Permit No. SW8 130103 3. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 4. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer Records of maintenance activities performed to date may be requested. 5. 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. 6. 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. A modification may be required for those deviations. 7. If 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. 8. Records of maintenance performance activities must be kept for each permitted BMP. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 9. 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. 10. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. Page 4 of 7 State Stormwater Management Systems Permit No SW8 130103 11. 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 130103 as issued by the Division 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 e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built upon area per lot is as specified below. 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. Lot 1: 5,325 ftz Lot 2: 4,350 ftZ Lot 3: 4,460 ftz Lot 4: 4,050 ftz g. All affected lots shall provide a 50-foot-wide buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers, and the mean high water line of tidal waters. h. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. i. 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. j. Built -upon area in excess of the permitted amount will require a permit modification. k. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in G.S. 143 Article 21. 12. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 13. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. 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 slopes and the vegetated filter. d. Immediate repair of eroded areas. e Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. Page 5 of 7 State Stormwater Management Systems Permit No SW8 130103 III. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 3. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants, b. The assignment or conveyance of declarant rights to another individual or entity, C. The sale or conveyance of the common areas to a Homeowners or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2), d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08. e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes. a. A name change of the current permittee; b. A name change of the project; C. A mailing address change of the permittee, 6. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 7. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 8. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 9 Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. Page 6 of 7 State Stormwater Management Systems Permit No. SW8 130103 10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 12. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Permit renewed, updated and reissued this the 1st day of July 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wrenn, Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 7 Attachment C - Permitting History Serenity Point Permit No. SW8 130103 Approval Date _ ` Permit Action BIMS Version Description of the Changes 2/22/2013 Original Approval 1.0 9/9/2015 Correction Added deed language 7/1/2021 Renewal 2.0 Permit Number:_ /� s/3�/ (to be provided by DWQ) Drainage Area Number: 1; a Infiltration Trench Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area of the infiltration trench will be carefully managed to reduce the sediment load to the sand filter. — The water level in the monitoring wells will be recorded once a month and after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). The infiltration trench will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The grass filter strip or other pretreatment area Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment has accumulated to Search for the source of the a depth of greater than six sediment and remedy the problem if inches. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. The flow diversion The structure is clogged. Unclog the conveyance and dispose structure (if applicable) of any sediment off -site. The structure is damaged. Make any necessary repairs or replace if damage is too large for repair. IE 13 2012 p p Form SW401-Infiltration Trench O&M-Rev.3 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The trench Water is pending on the Remove the accumulated sediment surface for more than 24 from the infiltration system and hours after a storm. dispose in a location that will not impact a stream or the BMP. The depth in the trench is Remove the accumulated sediment reduced to 75% of the original from the infiltration system and design depth. dispose in a location that will not impact a stream or the BMP. Grass or other plants are Remove the plants, preferably by growing on the surface of the hand. If pesticide is used, wipe it on trench. the plants rather than s ra in . The observation well(s) The water table is within one Contact the DWQ Stormwater Unit foot of the bottom of the immediately at 919-733-5083. system for a period of three consecutive months. The outflow pipe is clogged. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. The outflow pipe is damaged. Repair or replace the pipe. The emergency overflow Erosion or other signs of The emergency overflow berm will berm damage have occurred at the be repaired or replaced if beyond outlet. repair. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. IECEIVE JAN 0 3 2013 BY: :CF VE DEC 1 2012 Form SW401-Infiltration Trench O&M-Rev.3 Page Tof 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the 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. Project name:Serenity Point BMP drainage area number: Print name:Babatunde Olatidoye Title:Member Manager Address:P.O. Box 3743, Wilmington, NC 28406 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. h D2U(X C 90 IYU , a Notary Public for the State of ffY h CarOU'rV, _ , County of Qp/y6o l- , do hereby certify that ' � personally appeared before me this day of j�j PYh O Z , and acknowledge the due execution of the forgoing infiltration trench maintenance requirements. Witness my hand and official seal, JCS C a C. uia ii O NOT,ggy.:0 ry. PUBL% C' o�Ey COUOy:? SEAL My commission expires / © 1 J 16 E(CEIVrE JAN 0 3 2013 2012 Form SW401-Infiltration Trench O&M-Rev.3 Page 3 of 3 1)EML'R'U5E'0NL'Y x -- - - rtceived Date R Fee Paid Permit Number Sw 13b(o NC DEQ Division of Energy, Mineral and Land Resources RECEIVED STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM JUN 2 8 2021 NCDEQ WILMINGTON RO In accordance with 15A NCAC 21-1.1045(3)the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: S we 1 ?)o i i 2. Project name: Quint- U 3. Project street address: ]/trcvkr� Qbi Qo4d City: u1i I a "12 County: n1G ZIP: 2f 4. What, if any, changes have been made to the project as permitted? I�10 If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https:Hdeg.nc.gov/about/divisions/energy- B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company hAr— ny Name/Organization: C 06A N("-rts Ll- 2. Signing Official's Name: 0)abatkrGl2 A - 0(&*fct2JQ 3. Signing Official's Title: _ MtAu b�,V Men" .Ve 4. Mailing Address: '1)• o - Lox 3-743 City: 5. Street Address: City: (x(r1� 6. Phone: (g t o ) Stormwater Permit Renewal Form State: t LC ZIP: Cxtt+.i{ pourt lZ,ar,L� State: NC zip: ZS� Email: bo(u�rdO®9►++�f cAm JUN282021 Yj BY: Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 5" 1. A permit application processing fee of $505.00 payable to NCDEQ. BhO 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation - a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) - a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity - a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership - the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a - e above authorizing the signature of another entity. FiFrO 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 8046 4. O&M Agreements, Please select one: ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or [� The project has not yet been-t3vik. cw-pl.bzd 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration �.- - — JUN 2 8 2021 BY: Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION o-tt.. eAr— A . OIak !!-Je_ , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct an complete. Signature: Date: (o - Z/4 - z I NOTARIZATION 1, t cY�, t -<:, -- , a Notary Public for the State of Nor-1 Cgrn� ,, Q pp , County of 1�)a 14cnnv ez , do hereby certify that �G10'-,VIAnF\ J 2- (VAnAg,_Je- M'7 personally appeared before me this the 2 L{ > day of -,I\20 Z 1 , and acknowledge the due PUB\-\C' forgoing instrument. Witness my hand and official seal, expires IZ��to1Zl JUN 18 2021 Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Permit No._G'U_,5 1_5�7110Z3 ♦- '� (to be Provided by DWQ) O�ap WATFgOG NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information II!,,PROJECTsINF.ORMATION':<:`--: ., .. •..••`", .., 3-..kr: nil Project name Contact person Phone number Date Drainage area number :Phil Tripp - Tripp Engineering, P.C. 910-763-5100 1/2/2013 1 Ill.,; DESIGN INFORMATION • ; .-. - - Site Characteristics Drainage area 20,780.00 ftz Impervious area 11,525.00 ft2 Percent impervious 55.5% % Design rainfall depth 1.50 n Peak Flow Calculations 1 -yr, 24-hr rainfall depth 3.88 ;in 1-yr, 24-hrintensity 4.87 'infhr Pre -development 1-yr, 24-hr discharge 0.84 ft3/sec Post -development 1-yr, 24-hr discharge 0.00 ft3/sec Pre/Post 1-yr, 24-hr peak Bow control -0.84 Its Storage Volume: Non -SA Waters Minimum volume required 13 Volume provided ft3 Storage Volume: SA Waters 1.5" runoff volume 1426.00 ft3 Pre -development 1-yr, 24-hr runoff volume 336.00 ft3 Post -development 1-yr, 24-hr runoff volume 3,690.00 rya Minimum volume required 3354.00 ft3 Volume provided 5,682.00 I ft3 OK Soils Report Summary Soil type Sands Infiltration rate 7.70 n/hr SHWT elevation 1.75 fmsl Trench Design Parameters Drawdown time 0.09 'days OK Perforated pipe diameter Perforated pipe length N/A N/A 'in It �1 Q p' E Number of laterals N/A Stone type (if used) NIA' BAN 0 3 2013 P, Stone void ratio N/A Stone is free of fines? N/A . (Y or N) OK By:� Form SW401-Infiltration Trench-Rev.4 Parts I & It. Design Summary, Page 1 of 2 ` . 1 Trench Elevations Bottom elevation 3.75 fmsl OK Storage/overflow elevation 6.02 fmsl Top elevation 6.02 fmsl Trench Dimensions Length (long dimension) i 61.65 ft Width (short dimension) 42.75 it Height (depth) 2.27 ft OK Additional Information Maximum volume to each inlet into the trench? 1.00 ac-in OK Length of vegetative filter for overflow N/A it OK Number of observation wells 1 OK Distance to structure 15.00 it OK Distance from surface waters 75.00 it OK Distance from water supply well(s) N/A ft OK Separation from impervious soil layer 5+ ft OK Depth of naturally occuring soil above SHWT 2+ it OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? N/A . ; (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? Y (Y or N) OK Trench wrapped with geotextile fabric? Y (Y or N) OK Pretreatment device provided I Permit No. (to be Provided by D WQ) F-CEIVEFt JAN 0 3 2013 k3y: Form SW401-Infiltrabon Trench-Rev.4 Parts I & 11 Design Summary, Page 2 of Permit (to be provided by DWQ) III. REQUIRED ITEMS'CHECKLIST : , -' - - Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. Q 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Trench dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. 2. Partial plan (1" = 30' or larger) and details for the infiltration trench showing: - Bypass structure, - Maintenance access, - Basin bottom dimensions, - Basin cross-section with benchmark for sediment cleanout, - Flow distribution detail for inflow, - Vegetated filter, and Z - Pretreatment device. ,41 C 3. Section view of the infiltration trench (1" = 20' or larger) showing: - Pretreatment and treatment areas, and - Inlet and outlet structures. 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. ry rt�cr+cit 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. C Z- 6. A construction sequence that shows how the infitlration basin will be protected from sediment until the entire drainage area is stabilized. j 7. The supporting calculations. J° )XJ,G�/ 8. A copy of the signed and notarized operation and maintenance (O&M) agreement. ^- v e eJ( 9. A copy of the deed restrictions (if required). V� - DEC 13 2012 JAN 0 3 2013 BY: Form SW401-Infiltration Trench-Rev.4 Pan III. Required Items Checklist, Page 1 of 1 Permit No. (to be provided bV DWq) pf W nTF9 ®�� O Or N STORMWATER MANAGEMENT PERMIT APPLICATION FORM �� t NCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. Project name Contact person Phone number Date Drainage area number Site Characteristic: Drainage area Impervious area Percent impervious Design rainfall depth Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum volume required Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Trench Design Parameters Drawdown time Perforated pipe diameter Perforated pipe length Number of laterals Stone type (if used) Stone void ratio Stone is free of fines? #1 Phil Tripp - Tripp Engineering, P.C. 910-763-5100 . 20,780.00 ftz 11,685.00 ryz 56.2% % 1.50 in 3.88 in 4.87 in/hr 0.84 fl'/sec 0.00 ft3lsec -0.84 ft'/sec ft3 ft3 1444.00 rya 336.00 ft3 3,736.00 ft3 3400.00 ft3 5,682.00 ft' Sands OK 1.30 in/hr 1.50 fmsl 1.11 days OK NIA in NIA it NIA NIA NIA N/A (Y or N) Form SW401-Infiltration Trench -Rev 4 Paris I a 11 Design Summary,Page 1 of 2 Permit No. �r fro be provided by DWQ) Trench Elevations Bottom elevation 3.50 fmsl OK Storage/overflow elevation 5.77 fmsl Top elevation 5.77 fmsl Trench Dimensions Length (long dimension) 61.65 ft Width (short dimension) 42.75 ft Height (depth) 2.27 ft OK Additional Information Maximum volume to each inlet into the trench? 1.00 ac-in OK Length of vegetative filter for overflow NIA ft OK Number of observation wells 1 OK Distance to structure 15.00 ft OK Distance from surface waters 75.00 it OK Distance from water supply well(s) NIA ft OK Separation from impervious soil layer 5+ it OK Depth of naturally occuring soil above SHWT 2+ ft OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? NIA (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? Y (Y or N) OK Trench wrapped with geotextile fabric? Y (Y or N) OK Pretreatment device provided • {ems-�tr t:...�r� ^"�, '� r i _ 1 ' .<< DEC f 3 2912 rt fi Form SW401-Infi trabon Trench -Rev 4 Parts 18 11 Design Summary, Page 2 of 2 Permit No. (to be 0mvided by DWQ) III�REQVIREDiITEM$TCHECKL'IST 1�r�",g<AB 44'111�43 Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. �1 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - OH -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Trench dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. f 2 Partial plan (1" = 30' or larger) and details for the infiltration trench showing: Bypass structure, Maintenance access, Basin bottom dimensions, Basin cross-section with benchmark for sediment cleanoul, Flow distribution detail for inflow, - Vegetated filter, and - Pretreatment device C Z 3. Section view of the infiltration trench (1" = 20' or larger) showing: - Pretreatment and treatment areas, and yr - Inlet and outlet structures. 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. = 't 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information if CZ_ 6. A construction sequence that shows how the infiltration basin will be protected from sediment until the / entire drainage area is stabilized. / ar�tr.j 7. The supporting calculations 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. Gcr(td 1 9. A copy of the deed restrictions (If required). Form SW40 1 -Infiltration Trench -Rev 4 Part III. Required Items Checklist, Page 1 of 1 Permit No. t7ri_A3'9 1,30t03 •� (to be provided by DWQ) war YIWA pgOc NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM ' o< 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part HI) must be printed, filled out and submitted along with all of the required information. Project name Contact person Phone number Date Drainage area number Point - Infiltration Trench Phil Tripp - Tdpp Engineering, P.C. _ ,910-763-5100 ' 019/2013 12 I I11D ES I G N I I N F,O RM ATI I O N Site Characteristics Drainage area 16,770.00 ft' Impervious area 10,775.00 1ft2 Percent impervious 64.3% % Design rainfall depth 1.50 'in Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum volume required Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Trench Design Parameters Drawdown time Perforated pipe diameter Perforated pipe length Number of laterals Stone type (if used) Stone void ratio Stone is free of fines? 3.88 in 4.87 �in/hr 0.84 ft3/sec 0.00 ft3/sec -0.84 ft3/car. _ ft3 ft3 1317.00 `ft3 271.00 ft3 3,407.00 ft3 3136.00 ft3 3,616.00 ft3 Sands 3.50 in/hr 2.00 fmsl 0.33 days N/A in N/A ft NIA N/A N/A N/A (Y or N) [on OK x - 1•� r� b OK �t , i 1 FEB 7 t 12013 l Form SW401-Infiltration Trench -Rev 4 Parts I. 8 11, Design Summary, Page 1 of 2 Trench Elevations Bottom elevation 4.00 ,fmsl OK Storageloverflow elevation 6.27 frost Top elevation 6.27 fmsl Trench Dimensions Length (long dimension) Varies ;ft Width (short dimension) Varies ,It Height (depth) 2.27 it OK Additional Information Maximum volume to each inlet into the trench? 1.00 ac-in OK Length of vegetative filter for overflow I N/A ;ft OK Number of observation wells 1 1 OK Distance to structure 15.00 :it OK Distance from surface waters 75.00 It OK Distance from water supply well(s) N/A ft OK Separation from impervious soil layer 5+ It OK Depth of naturally occudng soil above SHWT 2+ ft OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? I N/A . - '(Y or N) OK Capures all runoff at ultimate build -out? Y , (Y or N) OK Bypass provided for larger storms? Y !(Y or N) OK Trench wrapped with geotextile fabric? Y '(Y- or N) OK Pretreatment device provided Permit No (to be provided by DWQ) Fonn SW401-Infiltration Trench-Rev.4 Parts I. & It. Design Summary, Page 2 of 2 Permit No (to be provided by DWQ) ®� O�OF VJATF9OG N�NCDEPIR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. !!Fk0TJECT,MNF0RMATIDN Project name Serenity Point - Infiltration Trench #2 Contact person Phil Tripp - Tripp Engineering, P.C. Phone number 910-763-5100 Date Drainage area number 11/12/2012 IItjDESIGNSINF::ORMAT IDN�Y "�axrs t' S nwoosk1 Site Characteristics Drainage area 16,770.00 ff2 Impervious area 10,935.00 rye Percent impervious 65.2% % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.88 in 1-yr, 24-hr intensity 4.87 in/hr Pre -development 1-yr, 24-hr discharge .0.84 ff3/sec Post -development 1-yr, 24-hr discharge 0.00 ff ifsec Pre/Post 1-yr, 24-hr peak flow control -0.84 ff3/sec Storage Volume: Non -SA Waters Minimum volume required rya Volume provided If Storage Volume: SA Waters 1 5" runoff volume 1335.00 ff3 Pre -development 1-yr, 24-hr runoff volume 271.00 ff3 Post -development 1-yr, 24-hr runoff volume 3,453.00 ff3 Minimum volume required 3182.00 ff3 Volume provided 3,844.00 ff3 OK Soils Report Summary Soil type Sands Infiltration rate 5.00 in/hr SHWT elevation 1.00 fmsl Trench Design Parameters Drawdown time 0.49 days OK Perforated pipe diameter N/A in Perforated pipe length N/A ft Number of laterals N/A Slone type (it used) N/A Stone void ratio N/A Stone is free of fines? N/A (Y or N) OK ,.201Z Form SW401-Infiltration Trench -Rev 4 Parts I, & 11 Design Summary, Page 1 of 2 Permit No. ((o be provided by OWO) Trench Elevations Bottom elevation 3.00 fmsl OK Storage/overflow elevation 5.89 fmsl Top elevation 5.89 fmsl Trench Dimensions Length (long dimension) Varies It Width (shon dimension) Varies It Height (depth) 2.89 ft OK Additional Information Maximum volume to each inlet into the trench? 1.00 ac-in OK Length of vegetative filter for overflow N/A it OK Number of observation wells 1 OK Distance to structure 15.00 ft OK Distance from surface waters 75.00 ft OK Distance from water supply well(s) NIA It OK Separation from impervious soil layer 5+ it OK Depth of naturally occuring soil above SHWT 2+ it OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? NIA (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? Y (Y or N) OK Trench wrapped with geotextile fabric? Y (Y or N) OK Pretreatment device provided 2012 � r 1 L y Form SW401-Infiltration Trench-Rev.4 Parts I & 11 Design Summary, Page 2 of 2 Permit (to be provided by DWq) ------------------------------- IIIs RE4DIRE_DiITEMSiCHECKLIS_T$ w'�T4 u :"� �` ;k<1:: • K�`x'`I-WA z,+.'�0 a'�s�.x" Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and lipproval of the project. Initial in the space provided to indicate the following design requirements have been met If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. C 1 1. Plans It" - 50' or larger) of the entire site shoving. - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Trench dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. CA( � ,•� •--i Z� r r'll 1 it'J ; 2. Partial plan (1" = 30' or larger) and details for the infiltration trench showing: - Bypass structure, - Maintenance access, - Basin bottom dimensions, - Basin cross-section with benchmark for sediment cleanout, Flow distribution detail for inflow, Vegetated filter, and Pretreatment device. 3. Section view of the infiltration trench (1" = 20' or larger) showing: Pretreatment and treatment areas, and Inlet and outlet structures 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The results of the soils report must be verified in the field by DWO, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. 6. A construction sequence that shows how the infiltration basin will be protected from sediment until the entire drainage area Is stabilized. 7. The supporting calculations. 8. A copy of the signed and notarized operation and maintenance (0&M) agreement 9. A copy of the deed restrictions (if required) �iCIEC .t y. Form SW401-Infiltration Trench -Rev 4 Part III Required Items Checklist, Page 1 of 1 TE 12033 State Stormwater Management Systems Permit No. SW8 130103 Serenity Point Stormwater Project No. SW8 130103 New Hanover County JUN 18 1011 Engineer's Certification I, Phillip G. Tripp, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/fulle) the construction of the project, for Coba Ventures. LLC (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 built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications:. Signature Registratic Date i - ( - I J SEAL ``��uurn+ggt `%%%.\N CARO 'k, O9• ....... _, yE`o ti9 i 9 SEAL i fl 1 17374 y'��ti•.�yGINE�:' ��'.: Rr GOB, ```��. State Stormwater Management Systems Permit No. SW8 130103 Certification Requirements: Page 2 of.2 � 1. The drainage area to the system contains approximately the permitted acreage. OW 2. The drainage area to the system contains no more than the permitted amount of built -upon area. —0-3. All the built -upon area associated with the project is graded such that the runoff drains to the systeW_ 40 tOstsr- Solar * 4. All roof drain"s are located such that the runoff is directed into the system. 'tX rho 4b" Four _jQL5. The bypass structure weir elevation is per the approved plan. _ ' 6. The outlet structure is located per the approved plans. N A 7. A Trash Rack is provided on the bypass structure. 8. All slopes are grassed with permanent vegetation. p�9. Vegetated slopes are no steeper than 3:1. _A-_10. The inlets are located per the approved plans and do not cause short- circuiting of the system. -0--11. The permitted amounts of surface area and/or volume have been provided. 12. All required design depths are provided. 13. All required parts of the system are provided. -0--14. The required system dimensions are provided per the approved plans. JUN 2 E 2021 BY.— High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Babatunde Olatidove , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intende to ens0r ongoing compliance with State Stormwater Management Permit Number c ,' i as issued by the Division of Water Quality under the Stormwater Management Regulations- 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area per lot, in square feet, is as listed below: Lot # BUA Lot # BUA Lot # BUA Lot # BUA 1 55,325 2 4,350 3 4,460 4 4,050 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. 7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas�andfsprface waters. **50 foot for projects located in the 20 coastal counties.)A h< f;f 8. All runoff from the built -upon areas on the lot must drain into the permitted' system. This may tie' accomplished through a variety of means including roof drain gutters which`'drain-to-the-street,—grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide ,,thfse additianal measures. <c_ Date: ( 13 1 2�0/3 a Notary Public in the State of AI (-"--A �A'Llif � —,County of do hereby certify that Babatunde Olatidove personally appeared before me this the � day of �vu C c _, 2013, and acknowledge III the due execution of the foregoing instrument. Witness my hand and official seal, ,o"` C eq'%, SEAL �TA /90 I Signature _ ®• v ' My Commission expires /C -/ S -/ v"7;• .j°UBUG,: Form DRPC-3 Rev.2 05Nov2009 Page 1 of 1 a,, ill ,, % sw.? V- oo3 III4N IIIIIIntl ��III( IIIII IIIII II1111111 (III 2014027775 SFOR REGISTRATION REGISTER OF DEED' TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2014 OCT 16 DO 13 PM 8K 5845 PG 2169-2186 FEE $34 00 INSi A Ni # MUM PREPARED BY CHARLES T BUSBY, P O BOX 818, HAMPSTEAD. N C 28443 NORTH CAROLINA DECLARATION OF COVENANTS NEW HANOVER COUNTY CONDITIONS AND RESTRICTIONS SERENITY POINT SUBDMSION THIS DECLARATION is made this _ day of October, 2014, by COBA VENTURES, LLC, a North Carolina Limited Liability Company, hereinafter referred to as "Declarant" or "Developee, said terms being interchangeable as used herein Declarant is the owner of real property in Masonboro Township, New Hanover County, North Carolina [hereinafter referred to as the "Property' and sometimes referred to as "the Development" or as "SERENITY POINT'] which is more particularly described as follows All of Lots 1, 2, 3 and 4 of SERENITY POINT SUBDIVISION as depicted on plat entitled "DIVISION of that tract known as 4616 SERENITY POINT" recorded in Map Book 55 at page � the Office of the Register of Deeds of New Hanover County, together with all roads, open space and all other lands encompassed within the boundaries of the areas depicted on said plat PREAMBLE The Property consists of a residential development containing no more than 20 lots and incapable of being reconfigured to contain more than 20 lots, and, as such, in the event of any dispute, the following facts are deemed to be admitted and stipulated The Property and the subdivision of the same are not subject to the provisions of North Carolina General. Statutes Section 47F, and the provisions of such do not apply to the Property To the extent that NCGS §47F provides that Its provisions may be made applicable to the PROPERTY by a vote of the Owners of sixty-seven percent (67%) of the lots in the Property, such provision is specifically declared to be inapplicable to SERENITY POINT All purchasers of lots within the Property agree that, regardless of any statutory provision to the contrary, no amendment to this Declaration shall be binding If the effect of such amendment is to make the provisions of NCGS §47F applicable to the Property unless such amendment is approved by 75% of the owners of lots within the Property F 77 4 No rules, provisions, requirements, limitations or procedures set out in NCGS §47F shall apply to the PROPERTY, by implication, analogy or otherwise, unless the same are specifically stated in this Declaration Further, it is the position of Declarant as Developer that, due to the size and nature of the Development, SERENITY POINT would not benefit from a Homeowners Association Consequently, in order to avoid unnecessary administrative structure, unnecessary effort and unnecessary expense, Declarant shall be responsible for administering the provisions of this Declaration for as long as one of the following conditions is met (1) Declarant COBA Ventures, LLC owns at least one Lot in the Development, or (2) at least one Member of COBA Ventures, LLC owns at least one Lot in the Development At such time as neither of these conditions is met, or upon the dissolution of COBA Ventures, LLC, then the authority and responsibility for the administration of these Covenants shall automatically vest in an Unincorporated Nonprofit Association existing under the provisions of North Carolina General Statutes § 596, which shall automatically come into existence as provided in Section 19 and PART 5 Such Unincorporated Non-profit Association shall have all of the powers, duties and responsibilities of the Declarant/Developer, including, but not limited to, the power to impose and collect Assessments for maintenance of the common areas and Recreation Area as provided in PART 7 below DECLARATION Declarant hereby declares that all of the Property above referred to shall be held and conveyed subject to the provisions of this Declaration, which provisions are imposed for the purpose of protecting the value, desirability and enjoyment of the Property These easements, restrictions, covenants and conditions shall run with the title to the Property and be binding on all parties, their heirs successors and assigns, having any right, title or interest, legal or equitable, in the Property or any part thereof, and these easements, restrictions, covenants and conditions shall inure to the benefit of each owner of the Property or any part thereof PART 1 Definitions Section 1.1 "Aesthetic Harmony' shall be defined as such structural configuration or exterior appearance as does not negatively impact the market value of other Lots in the Property as determined by the application of standard residential appraisal principles Section 1.2 "Owner" shall mean the fee simple record owner, whether one or more persons or entities, of any Lot which is a part of the Property, but not those having an interest held only as security for an obligation For purposes of counting the number of Owners in the Property, each lot shall have one Owner regardless of the number of individual owners named on the title document Section 1.3 "Property" shall mean all of SERENITY POINT as shown upon the recorded plat referred to above, including all lots, roads, common areas, the PIER, and open space and drainage areas shown on said plat or existing on the property Section 1.4 `Built Upon Area" shall mean that portion of each lot that is covered by impervious or partially impervious material, including buildings, pavement or other material meeting the definition of 'impervious' as set out in the North Carolina Administrative Code The built upon area for each lot shall not exceed the area allowed by any NCDENR permits issued for the Property unless the North Carolina Storrnwater Rules permit otherwise Section 1.5 "Common Areas" or "Common Elements" shall mean all roads within the Property, all Open Space as shown on the plat, all areas required for drainage of the Property, the PIER adjoining the property, and all access easements providing non- exclusive access for the benefit of all owners to common areas, provided, that any road dedicated to and accepted for public use shall cease to be a part of the common areas at the time of such acceptance by the North Carolina Department of Transportation or other relevant governmental authority The Common Area shall also include that portion of the Property included within the Recreational Area associated with the Pier, which area shall include (a) the area designated "RECREATIONAL AREA" on the plat of Serenity Point referenced above and the Pier, and the docking area at the East end of the Pier Such area will be owned by the Lot owners as tenants in common, and each Lot owner will own a one-fourth undivided interest in the Recreational Area Each lot owner, in addition to owning an undivided interest in the Recreational Area, shall have a perpetual, non-exclusive easement over and across the Recreational Area for purposes of providing access to and use of the Pier and docking area Each deed for a Lot shall also designate a portion of the docking area to which each Lot owner shall have an exclusive easement, which easement shall be an appurtenance to such owner's Lot The deed to each owner for such owner's undivided interest in the Recreational Area shall include provisions that, by accepting conveyance of such interest, (1) each owner waives any right to partition the property under Chapter 45 of the North Carolina General Statutes, and (2) each owner agrees that such interest shall be in the nature of an easement appurtenant to the Lot owned by such owner, and not transferable independently of the ownership of such Lot Section 1.6 "Common Expense" means the expenses or financial liabilities for the operation of the Development, including the expenses associated with the maintenance of the common areas and Recreational Area, including those portions owned by the Lot owners as tenants in common Section 1.7 "Common Expense Liability" means the liability for common expense allocated to each lot Owner as provided herein Section 1.8 "Lot" shall mean any numbered lot shown on the recorded plat of the Property Section 1.9 "Declarant" shall be used interchangeably with "Developer" and shall refer to COBA VENTURES, LLC, its successors and assigns, d such successors should own any of the Property If Declarant shall cease to own any of the Property without having transferred its rights to an person or entity which is an Owner, then the rights of Declarant shall vest in an Unincorporated Non-profit Association made up of all of the Owners of the property, which association shall be entitled to exercise Declarant rights upon a vote of 75% of such Owners For purposes of this definition, Declarant shall continue to own property in SERENITY POINT if any Member of Declarant is an Owner Section 1.10 "Declaration" shall mean this instrument, as it may from time to time be amended or supplemented Section 1.11 "Improvement" shall mean any construction work done or placed on a Lot, any alteration of the physical appearance of a Lot, and any other physical treatment done on or applied to a Lot Section 1.12 "Membership" shall mean the rights, privileges, benefits and obligations inuring to the benefit and burden of each Owner by virtue of being an Owner of a Lot Section 1.13 "Member" shall mean every person or other entity who is an Owner Section 1.17 "Development" shall mean the property and the common areas Section 1.18 "Special Declarant Rights" means the rights reserved for the benefit of a Declarant to (i)complete improvements indicated on the plat referred to herein, (n) exercise any development right reserved to the Declarant by this Declaration or otherwise, (in) to maintain sales offices, management offices and signs advertising the Planned Community or (iv) use easements through the common areas PART 2 Property Rights Section 2.1 Owners' Easements of Enjoyment Every Owner shall have a right and easement of enjoyment in and to all roads, to use of the common areas, and to all drainage areas necessary to properly drain each Lot, which rights and easements shall be appurtenant to and shall pass with the title to every Lot, and which rights shall be subject to the following conditions a Such Easements shall terminate upon the failure of any Owner to comply with any provision of this Declaration, provided, that any Owner not in compliance shall be given written notice of such non-compliance by Declarant and such Owner shall be given 30 days from the date of mailing or delivery of such notice [whichever occurs first] to cure such non-compliance, and upon failure to do so, the non -complying Owner may be restrained from use of such Easements until such non- compliance is corrected 'Restrained" shall mean that such owner may be prevented from using such Easements by any method or procedure allowed by law b Declarant shall have the right to impose regulations on the use of the road, open spaces, drainage areas and pier area to protect and maximize the use and enjoyment of such areas c The use of Common Areas, including the Recreation Area, shall be limited to Owners, their families and their house guests Use of Common Areas and Recreational Area shall not extended to such numbers of guests that the use of Common Areas by other Owners and their families is substantially and adversely affected Persons who are not invitees of an Owner or persons whose presence violates this subparagraph may be asked by any Owner to leave the premises, and upon such person's failure to do so, he or she shall become and may be treated as a trespasser PART 3 Easements Section 3.1 Declarant reserves to itself, its successors and assigns, a perpetual, nonexclusive, alienable and refeasable easement and right, on, over and under the ground, with persons and equipment to erect, maintain, inspect, repair and use electric and telephone wires, cables and conduits, and sewers, water mains and other equipment used for the conveyance and use of electricity, telephone communications, gas service, sewer and water service, and other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the recorded plat of the Property referred to above These easements and rights expressly include the right to cut any trees, bushes or shrubbery, to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance Such easements shall he over, under and across the area lying within 10 feet of all front lot Imes and within 5 feet of all side and rear lot Imes These easements and rights further include the right to subject the Property to a contract with any public utility for the installation of underground electric cables and/or the installation of street lighting, either or both of which contracts may require an initial payment and/or a continuing monthly payment such to utility by the Owner of each Lot Section 3.2 An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services to enter upon any portion of the Property in the performance of their duties Section 3.3 In case of any emergency or in case of any violation of these restnction , originating on, existing on or threatening any part of the Property, regardless of whether any Lot Owner is present at the time of such emergency or violation, the Declarant shall have the right to enter any Lot for the purpose of (1) determining compliance with and enforcing these restrictions, (2) remedying or abating any nuisance or the cause of such emergency or violation, and (3) making any necessary repairs not performed by the Lot Owner Such right of entry shall be immediate and shall not be deemed a trespass, and shall be without liability to the Declarant or its authorized representatives, except in cases of gross negligence Section 3.4 Declarant hereby reserves unto itself, its successors and assigns, perpetual, non-exclusive and alienable easements over all roads, open areas, common areas, the Recreation Area, and drainage areas necessary to perform the maintenance and carry out any other duties imposed by this Declaration Section 3.5 All easements and rights described herein are easements appurtenant, and shall inure to the benefit of and be binding on the Declarant, its successors and assigns, and on any Owner, purchaser, mortgagee or other person or having an interest in the Property, or any part of or interest therein, regardless of whether reference to said easements is made in any instruments of conveyance or evidence of obligation PART 4 Utilities Section 4A Water Service. Water service for SERENITY POINT shall be provided by Cape Fear Public Utility Authority Water taps shall be installed by individual Owners at such Owners' expense Section 4.2 Sewage Disposal. Sewer service for SERENITY POINT shall be provided by Cape Fear Public Utility Authority Sewer connections shall be installed by individual Owners at such Owners' expense PART 5 No Homeowners' Association SERENITY POINT shall not have associated with it or be in any way controlled by any incorporated Homeowner's Association Duties and responsibilities normally addressed by a Homeowners' Association shall be performed by Declarant as provided herein Declarant's authority to act in such capacity shall continue until such time as (1) Declarant ceases to exist or (2) Declarant ceases to own at least one Lot in the Development or (3) Declarant ceases to have at least one Member who owns at least one Lot in the Development, at which time an Unincorporated Nonprofit Association [UNA] existing under the provisions of NCGS § 59B shall be deemed to come into existence, the members of which UNA shall be all of the Owners, provided, that any action taken by such Association shall require the approval of 75% of such Owners Such UNA, upon coming into existence, shall have all of the powers, duties and responsibilities of the DeclarantfDeveloper, including, but not limited to, the power to impose and collect Assessments for maintenance of the common areas and Recreation Area as provided in PART 7 below PART 6 Enforcement Rights and Responsibilities Section 6.1 Except as extended by Section 6 2, Declarant shall have the rights and responsibility for administration and enforcement of the provisions of this Declaration subject to the following conditions and requirements a Any enforcement of the provisions in this Declaration must be tamed out in a manner which seeks equal protection of the rights all Owners and equal placing of responsibilities upon all Owners, except in cases where the burden is caused by the actions of a particular Owner, in which case the burden shall to the extent allowed by law by placed on the offending Owner b Any financial burdens imposed pursuant to the provisions in this Declaration must be imposed equally on all Owners, or in as equal a manner as is practicable given any differences in the individual Lots Section 6.2 Enforcement Rights of Declarant Not Exclusive The grant of enforcement rights and responsibilities to Declarant in Section 6 1 shall not be exclusive and shall not be construed to prevent any Owner from enforcing any provision of this Declaration as provided in Section 101, provided, that, neither Declarant nor any other Owner shall be responsible for the payment of any expense incurred by such enforcing Owner Section 6.3 Authority to Employ Agents Declarant, in its capacity as the entity charged with the responsibility of enforcing this Declaration, shall be entitled to employ agents and subcontractors as it deems necessary, PROVIDED, however, that Declarant shall not delegate or assign all or substantially all of its duties under this Declaration to any Management Company without the approval of ALL Owners PART 7 Covenants for Assessments Section 7.1 Lien and Personal Obligation for Assessments. There is hereby imposed on each Lot within the Property the obligation of each Lot Owner to pay to the Declarant, as administrator of these Covenants, the following a Annual Assessments or charges b Insurance assessments c A pro rata share of any property taxes imposed on the Common Areas by any government taxing authority d Working Capital Assessments Such obligation shall apply to each lot of the Property, and shall be deemed accepted by the purchaser of any Lot upon receipt and recording of the deed for the same The annual, special and insurance Assessments, together with any interest, collection costs and attorney's fees, shall be a continuing lien upon the Lot against which such Assessment is made, and the obligation to pay the same shall be the personal obligation of the person who was the Owner of the Lot at the time such Assessment became due The personal obligation for the payment of delinquent Assessments shall not pass to subsequent Owners of the Lot, unless expressly assumed by such subsequent owner, but nothing herein shall prohibit the Declarant from seeking a judgment against the delinquent Owner, which shall be a lien upon any property in the name of the delinquent Owner Section 7.2 Purpose of Assessments. The Assessments imposed herein shall be used exclusively to promote the health, safety, welfare and enjoyment of all of the Owners of the Property and for the improvement and maintenance of all easements, utilities, roads, piers and drainage areas in or on the Property Specifically, Assessment funds may be used for any of the following purposes a Maintenance of and improvements to the roads and open space, b Maintenance of and improvements to drainage and utility easements and rights of way and other common areas, if any, c Enforcement of these restrictions, d Operating expenses of the Declarant in carrying out its duties in administering the provisions of this Declaration, but not other expenses of Declarant not related to such, e Any other action deemed by the Declarant to promote the health, welfare and safety of the Owners or to increase the enjoyment of the Property by the Owners PROVIDED, HOWEVER, that with respect to any enforcement action against an individual Owner, the legal expense of such action may not be paid by Declarant as a part of ordinary operating expenses unless the incurring of such expense and the amount of such expense is approved by ALL of the Owners not directly the object of such action Section 7.3 Annual Assessments. a Except as provided herein for the initial year, Annual Assessments shall be in an amount to be fixed annually by the Declarant in collaboration with the Owners, which amounts of Assessments may vary from year to year as Declarant deems necessary to accomplish the purposes set out in Section 7 2 above Declarant shall determine the amount of the Assessment for a given year based on a budget to be prepared by Declarant Prior to the preparation of such budget, Declarant shall give each Owner an opportunity to provide budget requests and such requests shall be considered in the preparation of the budget, provided, however, that the final budget shall be prepared by Declarant in its discretion subject to the requirements of PART 6 above b The amount of the Assessment for the initial year of operation shall be as set by the Declarant and communicated to each purchaser of a Lot at the time of dosing on the Lot purchase c The amount of the Assessment for each subsequent year shall be determined at least 60 days in advance of the beginning of the annual assessment period, which shall begin on January 1 of each year, and notice of the same shall be sent to each Owner of a Lot, together with the date on which payment of such assessment is due The Declarant shall have the authority to provide for the payment of assessments in monthly installments d Adjustments in the amount of Annual Assessments shall be subject to the following limitations (1) Notwithstanding any other provision herein, Declarant may set an initial Annual Assessment in an annual amount which shall be disclosed to each Lot purchaser in an attachment to such purchaser's contract for the Lot (2) Subsequent increases in the amount of the assessments shall be supported by budget prepared and published by Decarant in keeping with SECTION 6, or, the same shall be in such amount as is sufficient to recover actual maintenance and other expenses incurred by the Declarant in performing its obligations under this Declaration Section 7.4 Insurance. Declarant, as a part of the common expense, may maintain insurance in amounts deemed by Declarant to be reasonable and sufficient, to cover the following (a) Risk of loss or damage to the Common Areas (b) Public Liability Insurance for nsks ansing out of the use or condition of the streets and other common areas, if any, (c) Liability of the Managers or Members of Declarant for actions taken by Declarant in connection with Declarants obligations under this Declaration PROVIDED, however, that each Lot owner shall to the extent possible include in such owners homeowner's or other similar insurance coverage for such owner's interest in the Common Areas and Recreation Area, including liability insurance, and Declarant shall be required to procure insurance only to the extent that it is not already procured by individual owners, and PROVIDED further, that if some but not all owners procure insurance covering the Common Areas and Recreation Area, then the cost of obtaining coverage for the other owners shall be assessed directly against only those owners for whom Declarant is required to purchase insurance Such Insurance shall be for the benefit of the Declarant as administrator of the provisions of this Declaration, [and its Members or Managers, in the case of Member/manager Liability Insurance], and the proceeds shall be payable to the Declarant as administrator of the provisions of this Declaration Declarant shall have the sole right to settle any claims ansmg under such insurance Section 7.5 Insurance Assessments. The cost of Insurance obtained pursuant to Section 7 4 shall be a common expense, and an amount sufficient to pay the premiums for the same each year shall, if necessary, be paid by the levy of an additional annual "Insurance Assessment" which shall be in addition to the Annual Assessment (Section 7 3], and which shall be levied, collected and enforced in the same manner as the Annual Assessment Section 7.6 Notice for Actions Taken Under Sections 7.3 , 7.4 and 7.5. Written notice of any proposed action by declarant as authorized under Sections 7 3, 7 4 and 7 5, shall be sent to all Members not less than 30 days in advance of said action Declarant shall receive and consider all input from Owners before taking any such action Section 7.7 Uniform Rate of Assessment Except as otherwise provided in Section 7 4, annual, special and insurance assessments shall be fixed at a uniform rate for all Lots, and provision may be made for the payment of the same on a monthly basis Section 7.8 Time of Commencement of Assessments, Assessments for each Lot shall go into effect on the date of acceptance of a deed for such Lot by a purchaser, provided, that Declarant shall not be required to pay annual assessments on unsold Lots owned by the Declarant, but, in lieu of assessments, Declarant shall pay a pro rata share of insurance assessments and ad valorem taxes on the Common Areas, based on the number of lots owned by Declarant on the first day of the assessment period Section 7.9 Nonpayment of Assessments and Remedies of Declarant. Any assessment not paid within 90 days of the date on which the same is due shall bear interest at the rate at which interest accrues on an unpaid judgment The lien shall anse as of the first day of the assessment period for which the lien is imposed, and shall, as of that date, constitute a lien for the improvement of real property Such hen shall be enforceable through the provisions of Article 2A of Chapter 45 of the North Carolina General Statues The Declarant may also bring a legal action against the Owner personally obligated to pay the same and obtain a judgment for the amount of such assessment, and enforce said lien in any manner provided by law, including a judicial sale under Article 29B of Chapter 1 of the General Statutes An Owner may not avoid liability for the assessment by non-use of his Lot or his non-use of any part of the Property Section 7.10 Remedies and Requirements of the declarant In addition to any other remedies provided herein, Declarant shall have all legal remedies for the collection of unpaid assessments Section 7.11 Subordination of Assessment Lien. The lien for assessments provided for herein shall be subordinate to the lien of any first mortgage The sale or transfer of any lot by way of a first mortgage foreclosure shall extinguish the lien on the Lot to the extent of any payments which came due prior to the recording of such mortgage, but the lien for such payments shall attach to the proceeds of sale in priority immediately after the mortgage being foreclosed PART 8 RIGHTS OF THE DECLARANT Section 8.1 Reservation of Rights to the Declarant The rights, powers and privileges reserved to the Declarant under this Part shall be in full force and continue for as long as Declarant continues to meet the definition of Declarant as set out in Section 1 11 Section 8.2 Specific Rights Reserved to Declarant Declarant retains and shall have the following rights, powers and privileges which shall be in addition to any other rights reserved to the Decarant herein (a) Architectural Review Committee All of the powers and duties of the ARC may be exercised by Declarant and Declarant shall be entitled to appoint all members of the ARC (c) Amendments by Declarant. Declarant shall have the power to amend this Declaration as provided in Part 10 (e) Right to Reiect Amendments Declarant shall have the right to veto, reject or refuse to comply with any amendment to the Declaration unless the same is approved by all of the Owners 10 Architectural Controls Section 8.3 Architectural Review Committee. All duties and responsibilities conferred upon the Architectural Review Committee [hereinafter the "ARC"] by this Declaration shall be exercised and performed by the Declarant, or by a successor Unincorporated Association ansing as provided in PART 5 Section 8.4 Building and Site Improvements. No structure shall be erected or commenced on any portion of the Property, nor shall any change or alteration be made thereto, including painting or repainting of exterior surfaces, until the plans for the same shall have been submitted to and approved by the ARC Section 8.5. Approval of Plans. a No plans will be approved if the proposed dwelling is not, in the opinion of the ARC, aesthetically in harmony with the other dwellings on the Property or with the natural environment of the Property "Aesthetic Harmony" shall be defined as such structural configuration or exterior appearance as does not negatively impact the market value of other Lots in the Property as determined by the application of standard residential appraisal principles b No specific setbacks, minimum building Imes or minimum square footage requirements are established by this Declaration All building location must comply with all rules imposed by New Hanover County and with the guidelines referred to in Section 8 3 a , and all budding location must be approved by the ARC c The exterior of all dwellings must be completed within 12 months of the commencement of construction d The following are the only structures allowed on a Lot (1) One single family dwelling, not to exceed two and one-half stones in height, and no portion of which requires or formerly required any title document issued by the Division of Motor Vehicles (2) Not more than two accessory buildings, which may include a detached garage and guest facilities, but such accessory buildings may not overcrowd the site or be used for commercial activities Whether proposed accessory buildings 'overcrowd' the site is a determination to be made solely by the ARC on the basis of whether the proposed number and location of structures negatively impacts the market value of other Lots in the Property as determined by the application of standard residential appraisal pnnciples e All service utilities, fuel tanks, clothes lines and wood piles shall be placed to the rear of the rear line of the dwelling, in a manner so as to minimize their visibility from the street or from any other Lot in the Property f Each Lot owner must provide on the Lot off street parting for not less than three passenger automobiles prior to the occupation of the dwelling on the Lot it Parking areas and driveways shall be constructed of concrete, brick, asphalt, turfstone or other material approved by the ARC g The improvements subject to approval by the ARC shall specifically include (i) the materials and design of any fence, and (u) the location and design of any structure enclosing a well pump h No opaque fences shall be constructed BUILT UPON AREA [BUA] RESTRICTIONS (1) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number S to 8 13A 1 o a, as issued by the Division of Water Quality under the Stormwater Management Regulations (2) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit (3) These covenants are to run with the land and be binding on all persons and parties claiming under them (4) 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 (5) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality (6) The maximum built -upon area per lot, in square feet, is as listed below Lot # BUA Lot # BUA Lot # BUA Lot # BUA 1 5,325 2 4,350 3 4,460 4 4,050 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the nght-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 ' (7) Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters (8) All runoff from the built -upon areas on the lot must dram into the permitted system This may be accomplished through a variety of means including roof drain gutters which dram to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system Lots that will naturally drain into the system are not required to provide these additional measures Maintenance of Roads and Common Areas Section 8.6 Responsibility for Road Maintenance. Access to the Property from Serenity Point Road, the nearest public rights of way, is by way of a private road as set out in the deed to COBA Ventures, LLC recorded in Book 5717 at page 274 By 12 accepting conveyance of a Lot within the Property, each Owner agrees to pay its pro- rata share of the costs of maintaining said private road Upon failure of any Owner to pay such Owners pro-rata share of road maintenance costs, such failure shall be deemed the same as a failure to pay Assessments imposed under this Declaration, and Declarant shall have the right to collect such amount in the same manner as any other Assessment Declarant shall install such road or driveways as are necessary to provide access to each Lot of the Property from the private road referred to above Thereafter, such roads or driveways shall become part of the common areas of the Property, and shall be maintained as any other common area Section 8.7. Maintenance of Drainage Areas. Declarant shall further have the right to effect any repairs or alterations to the stormwater drainage system, if any, on the Property, including all pipes, ditches and ponds, and to enter upon any Lot to the extent reasonably necessary to cant' out such repairs By accepting title to a Lot, all Lot owners grant a right of entry to the Declarant for such purposes In the event that the need for any maintenance, repair or replacement is caused through the willful or negligent act of an Owner, his family, guests or invitees, the cost of such maintenance, repair or replacement shall be added to and become a part of the assessment to which any Lots owned by such Owner are subject Declarant, in its capacity of as administrator of this Declaration, shall maintain all streets and drainage areas and shall pay all premiums associated with general liability insurance insuring against liability arising from the ownership and operation of such common areas Section 8.8 Maintenance of Common Areas "Common Areas" shall include all areas so designated on the plat of the Property referred to above, as well as any other areas for which the Owners are granted a non- exclusive easement of enjoyment or use, which areas shall specifically include the Recreation Area and pier and docking area Declarant shall properly maintain all Common Areas such that the same are fit for their intended purpose, they do not constitute any hazard or attractive nuisance, and they do not detract from the market value of any individual Lot Section 8.9 PIER Easement and Maintenance of the PIER (a) The PROPERTY includes a PIER extending from the Property into the waters of Masonboro Sound, and the PIER shall be a part of the Common Area and Recreation Area The PIER consists of the walkway from the shore to the Boat Slip/Docking Platform, and the Boat Slip/Docking Platform. (b) Each Owner shall have an easement for the right to the use of the walkway from the shore to the Boat Slip/Docking Platform, which right shall be in the nature of a non-exclusive, perpetual easement appurtenant to the Lot owned by such Owner Such easement shall be for the purposes of providing pedestrian access to the Boat Slip Platform, for providing access to the water, and for providing space for other activities normally associated with enjoyment of the waters of Masonboro Sound, including, but not limited to swimming, fishing, sun bathing 13 and other activities which are not dangerous and which do not interfere with the rights of others to the use and enjoyment of the PIER (c) Each Owner, as a part of the ownership rights associated with such Owner's Lot, shall have an easement for the use of the PIER as follows 1 An easement for the use of the walkway from the shore to the Boat Slip/Docking Platform, which easement shall be in the nature of a non- exclusive, perpetual easement appurtenant to the Lot owned by such Owner Such easement shall be for the purpose of providing pedestrian access to the Boat Slip Platform An exclusive easement for the use of ONE Boat Slip, defined as one of the eight docking areas created by the configuration of the Boat Slip/Docking Platform, which easement shall be in the nature of an exclusive, perpetual easement appurtenant to the Lot owned by such Owner Such easement shall be for the purpose of providing docking space for one boat owned by Owner, and shall be assigned in the deed to each Owner for such Owner's Lot 3 The use of such easement may not be sold, leased or otherwise assigned or delegated to a non -Owner (d) Declarant shall maintain the PIER in the same manner as other Common Areas, and the expense for such maintenance shall be shared equally by all Owners, provided, that (Q the cost of maintenance of any aspect of the PIER which benefits a particular docking area shall be the responsibility of the Owner having the exclusive easement for the use of that docking area, (a) the cost of repair of any damage to any portion of the PIER, including the Boat Slip, caused by an Owner or his invitee or their boats shall be the sole responsibility of the Owner responsible for such damage, and (uQ the repair of any portion of the PIER resulting from the failure of any Owner to maintain his exclusive portion shall be the responsibility of such Owner (e) In addition to normal maintenance, the PIER area shall be further subject to the following provisions Declarant is authorized to employ a qualified person or firm [Dock Inspector] to inspect the PIER on a regular basis and to make recommendations regarding maintenance of the PIER The frequency of such inspections will be determined by the age of the PIER, the amount of use of the PIER, and weather conditions affecting the PIER Declarant shall provide to the Owners in writing the recommendations of the Dock Inspector, and the Owners shall have a period of 30 days to offer comments and suggestions before any work is undertaken 2 All PIER maintenance shall be included as a part of the normal annual assessment to the extent that such costs can be predetermined In the case of a weather event causing sudden and substantial damage, Declarant shall be entitled to impose a special assessment to cover 14 the costs of repair of such damage Notice of this special assessment shall be given 30 days ahead of its effective date, and upon the failure of any Owner to pay such assessment within 90 days of the effective date of the assessment, the same shall be enforceable in the same manner as an Annual Assessment 3 Nothing herein shall prevent any Owner, at such Owner's separate expense, from employing the Dock Inspector to maintain such Owner's exclusive slip area PART 9 Use Restrictions Section 9.1 Land Use and Building Type. No Lot in SERENITY POINT shall be used for any purposes other than residential uses and uses incident thereto, which shall not include any commercial uses or other uses designed to generate income All Lots are restncted to single family dwellings Section 9.2 Nuisances. No noxious or offensive activities shall be camed on upon any Lot, nor shall any activity be engaged in which would become an annoyance or nuisance to the residents of the Lots in the Property "Noxious" or "offensive" shall mean any activity, visual impression, odor or noise which appreciably interferes with the quiet and undisturbed use of his or her property by any Lot owner or lawful occupant of any Lot The ARC shall, in the event that a question anses, in its sole discretion determine whether a condition constitutes a nuisance Section 9.3 Maintenance of Lots. In the event that any Lot Owner fails or refuses to keep the Lot premises free from weeds, underbrush, refuse piles, or other unsightly growth or objects, then, after 30 days notice from the ARC, Declarant or its designee shall be entitled to enter upon such lands and remove the same at the expense of the Owner, and such entry shall not be a trespass The costs incurred by the Declarant for such removal shall be a lien on such Lot, and such amount, together with any collection costs shall be due and payable 30 days after the Owner is sent a bill therefore In the event of the failure of the Owner to pay such amount within 30 days of being billed for the same, the lien for such amount shall be enforceable by legal proceedings in the same manner as provided in Section 7 10 Section 9.4 No Temporary Structures. No structure of a temporary nature and no trailer, tent, shack, garage barn or other outbuilding shall be used on any Lot at any time as a dwelling or residence, either permanently or temporanly Section 9.5 Parking of Vehicles and Recreational Vehicles. No boat, motor boat, trailer, motor home or similar type vehicle may be kept, stored or placed on any Lot unless the same is placed to the rear of the rear wall of the main dwelling Section 9.6 Animals. No animals kept for resale or breeding shall be kept or maintained on any Lot or in any residence on the Property No animals posing a danger to any other Owners or their animals shall be kept or maintained on any lot or in any residence on the property 15 Household pets may be kept provided that their boarding does not create levels of noise or odor which interferes with the rights of other Owners to the undisturbed use and possession of their Property All animals must be properly penned, and not allowed to roam or run free on areas of the Property other than the Lot owned by the animal's owner Each Owner shall be responsible for the collection and disposal of all waste produced by such Owner's animal Section 9.7 Signs. All signs shall be subject to the approval of the Declarant acting as the ARC, but the use of "For Sale" signs shall not be denied if in compliance with applicable laws and if properly maintained Section 9.8 Alterations to Common Areas. Only the Declarant may make or authorize alterations to any Common Areas or Open Space Section 9.9 Restrictions On Further Subdividing. The subdividing of lots is not allowed For purposes of this provision "subdivide" or "subdividing" shall include any process whereby the size or configuration of a lot is altered or the number of lots is changed, Provided, however, that this provision shall not prevent the conveying of small portions of a Lot to the owner of an adjoining Lot for the purpose of adjusting Lot Imes to accommodate individual Owners' uses, provided such line adjustment and the proposed use is approved by Declarant PART 10 General Provisions 10.1 The Declarant or any Owner who is a member in good standing shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens, charges and other obligations now or hereafter imposed by the provisions of this Declaration Failure of the Declarant or its Owner -Members to enforce any provision contained herein shall not be deemed a waiver or such provision or the right to enforce the same thereafter 10.2 Stormwater Runoff Enforcement. The State of North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to enforce its stormwater runoff regulations as the same may apply and be amended from time to time 10.3 Severability. Invalidation of any one or more of these covenants or restrictions by judgment or court order or otherwise shall not affect any other provisions, which shall remain in effect as written 10.4 Lots Subject to Declaration. All present and future owners, tenants and occupants of Lots, and their guests or invitees, shall be subject to and shall comply with the provisions of this Declaration, as it may be amended from time to time as provided herein Acceptance of a deed or lease, or entering into possession of a Lot shall constitute acceptance of a ratification of the validity of all of the provisions set for the herein The provisions of this Declaration be binding and shall inure to the benefit of an by enforceable by the Declarant or any Owner, or their heirs, successors or assigns for a penod of 20 years form the date of recording of this Declaration After the end of the 20 16 year period, this Declaration shall automatically renew for successive penods of 10 years each unless modified or terminated by Declarant or by a three -fourths (3/4ths) vote of the members of an successor Unincorporated Association as provided in Section 10 5 below After the initial 20 year period, such vote may be held at any time and shall not be tied to the 10 year renewal penods 10.5 Amendment of Declaration. Except as provided elsewhere herein, the covenants and restrictions of this Declaration may be amended only by and as provided in an instrument duly recorded in New Hanover County executed by the Declarant or by the executive officer of any successor Unincorporated Association, reflecting action by a three -fourths (3/4ths) vote of the Owners, provided, that no amendment shall be valid if contrary to law or if the same purports to limit or negate the rights of the Declarant as provided herein 10.6 Amendments by Declarant The following amendments may be effected by the Declarant without the consent of the Owners .The Declaration may be amended by the Declarant to correct any obvious error or inconsistency in drafting, typing, platting or reproduction Declarant shall have the right to amend this Declaration to conform to the requirements of any applicable law or governmental regulation or the rulings of any govemmental agencies having jurisdiction, or, to qualify the Property or any Lots and Improvements therein for mortgage or Improvement loans made, Insured or guaranteed by a government agency, or, to comply with the requirements of law or regulations of any quasi - governmental corporation or agency, upon a letter from any such corporation or agency requesting or suggesting that an amendment is necessary to comply with the requirements of such corporation or agency The Declarant or its successor may amend this Declaration as shall be necessary, in its opinion, and without the consent of any Owner, to qualify the Property or any portion thereof for tax-exempt status IN WITNESS WHEREOF, Declarant has caused this instrument to be executed in Its name by its authorized Manager, as of the date written above COSA VENTURES, LLC By S -� ager NORTH CAROLINA NEW HANOVER COUNTY I, the undersigned Notary Public, do hereby certify that Babatunde Olatidoye appeared before me this day and acknowledged that he is Manager of Coba Ventures, L-C, a North Carolina Limited Liability Company, and that he, as Manager, being authorized to do so, exe the foregoing on behalf of the Company Y ROS WITNESS my hand and notarial seal this )J day of October, 2014 �OjAR1' My Commission expires l2 ob I b ry Public PUBI�G 17 F\sl® TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration Book* Document No Recorder• WILMINGTON, NC 28401 10/1612014 03 19:13 PM RE 5845 Page. 2169-2186 2014027775 18 PGS $34 00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014027775* 2014027775 High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Babatunde Olatidove , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intende tq ens r ongoing compliance with State stormwater Management Permit Number ti� � , as issued by the Division of Water Quality under the Stormwater Management Regulation . 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. . 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area per lot, in square feet, is as listed below: Lot # BUA Lot # BUA Lot # BUA Lot # BUA 1 5,325 2 4,350 3 4,460 4 4,050 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. 7. Each lot will maintain a 30** foot wide vegetated buffer between all imperuio�sand s� e waters. _ OObb **50 foot for projects located in the 20 coastal counties. JAN 0 3 2013 8. All runoff from the built -upon areas on the lot must drain into the permitted yystem. This may b accomplished through a variety of means including roof drain gutters whicnydrain-to-the-street,—grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to providq.thgse addiitiengl measures. Signature: �P4� Date: ( 3' 2�0f37 1, //6t r, ,ed a Notary Public in the State of Ivey -A Card/hc� , County of do hereby certify that Babatunde Olatidove personally appeared before me this the 3 day of i 2013, and acknowledge the due execution of the foregoing instrument. Witne s my hand and official seal,\ ,.`` C ✓V���' SEALNOTAR);%. Signature e.� My Commission expires /d -/5­42 c<2..j UEIL\G,, r-; cq COUNA g Form DRPC-3 Rev.2 O5Nov2009 Page 1 of I O` mm�nu