Loading...
HomeMy WebLinkAboutSW8160717_Current Permit_20200730ROY COOPER Govemor M'ICHAEL S. REGAN Secretary BRMN WRENN director July 30, 2020 NORTH CAROLINA EnvftvnmmW1Q►taW Round Tree Ridge Homeowners' Association, LLC Attu: Mr. John Branka, President PO Box 1124 Carolina Beach, NC 28428 Subject: Permit Transfer State Stormwater Management Permit No. SW8 160717 Round Tree Ridge New Hanover County Dear Mr. Branka: On May 12, 2020, the Wilmington Regional Office received a Permit Transfer Application Form for the subject project DEMLR staff have conducted a site inspection on May 5, 2020, determined that the documentation is in order, and that the project is currently in compliance with the terms and conditions of the current state stormwater permit. As indicated on the Permit Transfer Application Form, you have acknowledged receipt of a copy of the permit (which includes the application and supplement forms), a copy of the certifications, a copy of the recorded documents, a copy of the approved plans, a copy of the approved Operation and Maintenance agreement from the previous permittee, a copy of the past maintenance records, and a copy of the latest inspection report. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form and Operation and Maintenance Agreement, you have accepted the responsibility for complying with the terms and conditions outlined in this permit The Division is hereby notifying. you that the subject permit has been transferred on July 30, 2020 and reminding you that this permit shall be effective until May 12, 2024. A copy of the transferred and updated permit and associated documents are enclosed. Please note that this transferred, updated,. and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the previous terms to provide you with a better understanding of your obligations under the permit. This permit is subject to the conditions and limitations as specified in the updated permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the SCM(s), recordation of deed restrictions, procedures for changing 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. Q�7:;A North Carofina: department of Environmental Quality I Division of Energy, Mineral and Land Resources E F Wilmington Regional Office ; 127 Cardinal Drive Extension ' Wilmington, North Carolina 2W5 wa— OAROUNA ` D,V.h dfift.—d9s\ 910.796:7215 State Stormwater Permit No. SW8 160717 Page 2 of 2 If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: copy of the Permit Transfer Application Form copy of the signed and approved Operation & Maintenance Agreement copy of the certifications copy of the latest inspection report DES/kpj: \\\Stormwater\Permits & Projects\2016\160717 HD\2020 07 permit 160717 cc: Mr. Tom Smith, Manager, Round Tree Ridge, LLC (outgoing permittee) 214 Quilon Circle, Wilmington, NC 28412 Mr. Mark Hargrove, PE 6216 Stonebridge Road Wilmington NC 28409 Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit No. SW8 160717 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 Round Tree Ridge Homeowners' Association, LLC Round Tree Ridge 7170 Carolina Beach Rd, Wilmington, New Hanover County FOR THE construction, operation and maintenance of two (2) wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter referred to as the "stormwater rules') 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 (hereafter referred to as the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until August 12, 2024 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for 55 lots, each allowed a maximum of 4,000 square feet of built -upon area. 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.9 of this permit. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control measures. The stormwater control measures labeled Pond 1 and Pond 2 have been designed to handle the runoff from 125,200 and 177,520 square feet of built - upon area, respectively. 4. The maximum built -upon area allowed for the entire subdivision is 302,720 square feet. 5. The drainage area will be limited to the amount of built -upon area indicated in Sections 1.3 and 1.9 of this permit, and per approved plans. The built -upon area for the future development with the drainage areas for Pond 1 and Pond 2 is limited to 888 and 5,531 square feet, respectively. Page 1 of 8 State Stormwater Management Systems Permit No. SW8 160717 6. A 50' wide vegetative buffer must be provided and maintained 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. 7. A vegetated filter strip is not required for this pond as it has been designed for a 90% total suspended solids removal efficiency. 8. All runoff being directed into wetlands shall flow into and through those wetlands at a non -erosive velocity. 9. The following design criteria have been permitted for the wet detention pond and it must be provided and maintained at the design condition. Pond 1 Pond 2 a. Drainage Area, acres: Onsite, ft2: Offsite, ft2-0 357,717 357,717 507,202 507,202 0 b. Total Impervious Surfaces, ft2: Onsite, ft2: Offsite, ft2: 125,200 125,200 0 177,520 177,520 0 c. Average Pond Design Depth, feet: 4.5 4.0 d. TSS Removal Efficiency: 90 90 e. Design Storm, inches: 1.5 1.5 f. Permanent Pool PP Elevation, FMSL: 11.0 11.0 g. Permitted PP Surface Area, ft2: 29,000 19,500 h. Temporary Storage Elevation, FMSL: 12.0 12.5 i. Permitted Storage Volume, ft3: 32,500 35,000 j. Predevelopment 1 yr-24 hr. discharge rate, cfs: 5.30 7.52 k. Controlling Orifice, inch 0 pipe: 2.0 2.0 I. Orifice Flow Rate, cfs: 0.06 0.07 m. PP Volume, ft3: 130,750 72,625 n. Forebay Volume, ft3: 28,750 74,875 o. Maximum Fountain Horsepower: 1/2 _ 1/4 Lords Creek / Cape Fear P. Receiving Stream/River Basin: g. Stream Index Number: 18-84 r. Classification of Water Body: C, SW II. SCHEDULE OF COMPLIANCE 1. No person or entity, including the permittee, shall alter any component of the approved stormwater system shown on the approved plans unless and until the Division has approved of the revised plan. 2. 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. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system is 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. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 160717 4. The following deed restrictions and protective covenants related to stormwater management have been recorded in Book 6044 on Pages 712-726 with the New Hanover County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 160717, as issued by the Division of Energy, Mineral and Land Resources 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 Division. 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 4,000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. h. Built -upon area in excess of the permitted amount will require a permit modification. i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. j. 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. 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. If permeable pavement BUA credit is desired, the permittee must submit a request to modify this permit to incorporate such language as required by the Division. The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement. 7. The permittee shall review all lot plans for new construction and any subsequent modifications and additions, for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 160717 8. The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area limits, grading, and the storm drainage system established by this permit, the permit documents, the approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 9. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in Pond 1 and Pond 2 is and '/ horsepower, respectively. 12. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 13. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed to be submitted, 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. 14. All stormwater collection and treatment systems must be located in either public rights - of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such rights -of -way, common areas and easements, in accordance with the approved plans. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 160717 15. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. e. The construction of any future BUA listed on the application. 16. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The project and the stormwater facility must be in substantial compliance with all permit conditions. Any items not in substantial compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 17. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the 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. III. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or 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 any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 3. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. Additional or replacement stormwater management systems shall receive a permit from the Division prior to construction. 4. 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 Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including 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; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256, C. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e) and NCGS 57D-6-07; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee, Page 5 of 8 State Stormwater Management Systems Permit No. SW8 160717 5. The permittee is responsible for compliance with all permit conditions until such time as 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 stormwater permit. 6. The permittee grants DEMLR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until modified, revoked, terminated or renewed. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Approved plans, calculations, supplement forms, operation and maintenance agreements and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 9. Unless specified elsewhere, permanent seeding requirements for the stormwater control measure must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application request 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. Permit transferred, updated and reissued this the 30th day of July 2020. NORTH CAROLINA E RONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Management Systems Permit No. SW8 160717 Attachment A Round Tree Ridge Page 1 of 2 Stormwater Permit No. SW8 160717 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW8 160717 Certification Requirements: Page 2 of 2 The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. 16. All components of the stormwater BMP are located in either recorded common areas, or recorded easements. cc: NCDEQ-DEMLR Regional Office New Hanover County Building Inspections Page 8 of 8 Operation & Maintenance Agreement Project Name: Project Location: Round Tree Ridge New Hanover County 1-21manencd recorus snail oe Kept on the tollowing BMP(s). This maintenance record shall be kept in a li Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & a Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: User Defined BMP Present: ing O&M tables wil Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): ae aaaea g in a Known set locatio These deficiencies can I acknowledge and agree by my signature below that 1 am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. * Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Signature: John Branka as President of Round Tree Ridge HOA LLC President Round Tree Ridge HOA LLC 1204 N. Lake Park Blvd. Ste. E1 Carolina Beach, NC 9104,58-0818 info bb-hoa.com , a Notary Public for the State of County of _ l��-.c, , do hearby certify that Date: e t%L C personally appeared before me this C X (-N day of y k%--T .and acknowledge the due execution of the Opera 'ons and Maintenance Agreement. Witness my hand and official seal, r'\-- Viraj Parikh Notary Public Perm Hanover Coun y, NC j Puiy Commission Expires 412012024 Tt�1- L� BY: My commission expires O&M Manuai 5/W020 Page 1 of 2 Inlet Detention Ponca Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: _ Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). _ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. _ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month 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 should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: Now I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP 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. Vegetation is too short or too long. Maintain vegetation at a height of approximately six inches. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. .Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to a depth greater than the Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or nprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. dying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by h .df ileid sJ;;wipe it on the plants rather than spraying. STORM-EZ Version 1.4 O&M Manual BY: 6/5/2020 Page 2 of 4 Wet Detention Pond Maintenance Requirements ( ontinued) main treatment area embankment [The outlet device The receiving water Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray invasive plants cover 50% of the basin surface. Shrubs have started to grow on the embankment. Remove shrubs Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make appropriate professional shows that the embankment needs repair. (if applicable) Clogging has occurred. Clean The outlet device is damaaed [Rana[ needed repairs. out the outlet device. Dispose of the sediment off -site. or replace the outlet device. Erosion or other signs of I Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. STORM-EZ 5/5/2020 Version I A O&M Manual Page 3 of 4 Wet Detention Pond Design mare Wet Pond Diagram WET POND ID FOREBAY MAIN POND #1 Permanent Pool B. 11 Permanent Pool El. 11 Temporary Poot EI: 12 Temporary Pool El: 12 Pretreatment other No Clean Out Depth: 4.5 Clean Out Depth: 4.5 than forebay? Sediment Removal El: 6.5 Sediment Removal El: 6.5 Has Veg. Filter? yes�j Bottom Elevation: 5.5 Bottom Elevation: 5.5 Wk"T POND ID FOREBAAY MAIN POND #2 Permanent Pool El. 11 Permanent Pool EI. 11 Temporary Pool El: 12.5 Temporary Pool El: 12.5 Pretreatment other No Clean Out Depth: 4 Clean Out Depth: 4 than forebay? Sediment Removal El: 7 Sediment Removal EI: 7 Has Veg. Filter? Yes Bottom Elevation: 6 Bottom Elevation: 6 AfA STORM-FZ 5/5/2020 Version 1.4 O&M Manual Page 4 Of 4 DEMLR USE ONLY Date lReceived Fee Paid Permit Number -5 11 a 90--W 4 i 565 = I <Sw 8 b o NC DEQ Division of Energy, Mineral and Land Resources . .-N STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM P. Pursuant to 15A NCAC 02H.10, . and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://d`eg.nc.pov/contact/regional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit); or 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president, • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee, - Partnership or limited partnership - the general partner; • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 160717 2. Project name: ROUND TREE RIDGE Is this an updated project name from the current permit? ❑ Yes X No 3. Reason for the permit transfer request: SUBDIVISION COMPLETE AND OVER 50% OCCUPIED BY RESIDENTS BY: Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) X 1. Both the current and proposed permittess ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G. S. 143-214. 7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. MAY 12 20 BY: Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 gUBMITTAL REQUIREMENTS Please mark pY to confirm the items are included with this form. Please mark "X" if previously provided. if not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M a-greement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. Y 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. N/A 10. A copy of the lease agreement if the proposed permittee is the lessee. NIA 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. NIA 12. A copy of the development agreement if the proposed permittee is the developer. MAY 1 BY• Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization ROUND TREE RIDGE LLC 2. Signing Official's Name: Tom Smith 3. Signing Official's Title: Managing Member Round Tree Ridge LLC 4. Mailing Address: 214 Quilon Circle City: Wilmington State: NC ZIP: 28412 5. Street Address: 214 Quilon Circle City: WILMINGTON State: NC ZIP: 28412 6. Phone: (RU4 562-4511 Email: trsmithmsO-gmail.com I, Tom Smith , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) x the most recent permit; x the designer's certification for each SCM; x any recorded deed restrictions, covenants, common areas, drainage easements or pla x the approved plans and/or approved as -built plans; MAY If x the approved operation and maintenance agreement; 12 x past maintenance records from the previous permittee (where required); x a copy of the most recent inspection report; BY' I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not inclu ed, this uest package will be returned as incomplete I assign all rights and obligations as pie, the p po ed per . e named below. I understand that this request to transfer the permit may not be a ed by e R s and until the facility is in compliance with the permit Signature: Date: L /.5' 20 1, t 1 1 .� , a Notary Public for the State of Jvo, I--, (.,,-o C., County of do hereby certify that 'I��w- S w• Pi. personally appeared before me this the 1 _J_ day of 20 zo , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) QX••••••••.• a •: �{ielSSio •.• si v�pTAq� Notary Signature: W r�Sft My commission expires `7' 2-i 7oo tk • 10 see' 4 Stormwater Permit Transfer Application Form Page 4 of 7 122020 April 27, 2018 �r � Br E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ❑ Property owner (Also complete Part F_) X Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co permittees. if the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: X HOA / POA / UOA name: ROUND TREE RIDGE HOA LLC ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. �c a. Signing Official's Name: b. Signing Official's Title: PRESIDENT HOA c. Mailing Address: tte State: City: d. Street ddress: LPb M L&I41 _ _ZIP gLte Bi 64-e El City: io k in 0 Q State: ZIP : Zg Z� e. Phone: ISy Ljk `'` Email: @ A C L 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: AIB SPECIALIZING IN HOA MANAGEMENT b. Contact Name: DAWN GAUL Title: PRESIDENT c. Mailing Address: CROSS BRIDGE COMMONS 1204 LAKE PARK BLVD. UNIT 1 d. City: CAROLINA BEACH State: NC ZIP: 28428 e. Phone: (910) 458-0818 Email: dawn Qaullaib-hoa com Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERM07E ERTIFICATION hereby notify the DEMLR that I have acquired through sale, lease, developm ent, or er legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): X the most recent permit; X the designer's certification for each SCM; X any recorded deed restrictions, covenants, common areas, drainage easements or plats; X the approved plans and/or approved as -built plans; X the approved operation and maintenance agreement; X past maintenance records from the previous permittee (where required); X a copy of the most recent inspection report; X Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the projects built -upon area as shown on the approved plans; and I will {c tr ), operate and maintain the approved stormwater management system pursuant to the re ed in the permit and in the operation and maintenance greem nt. Signature: Date: I, J� At, M U KO M - 1PIA-9.1Y 14 , a Notary Public for the State of ri oR't1* C A%0 Ll W a County of 1.iEw tk prO&VB*, , do hereby certify that MAVA MIONAFEt-. g VAISY-A 1) personally appeared before me this the 2Z'"kl day of Say%-AE% M , 202.d , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature cAJr=nvL,*A v,,, , pQ„�--- Hasmukh—M. P kh Notary Public My commission expires 4 — zz — 20 20 New Hanover County, NC My Commission Expires 4 22-20 20 MAY 12 BY•`_ � Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: , Signing Official's Printed Name: Signing Official's Title: Mailing Address: — City: State: ZIP: Phone: Email: 1, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires A Alf, i [3Y• Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 5Nil ►c 07n (ftbobyDwa) T STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APP! 1CATLN FORM WET DETENTION BASIN SUPPLEMENT TM I&M muss be Md twt Fdated and submdted Tile Re0ed Rama C (Pad NO mustbeprirded, ftd cut uM subm WabV wM a#of #!enigrtiredinRoimat� Pft7w mam8 Contact person Phona nmuber Duce Drainage are number IlL DESM WKWMN Sire chamcledwa Dmhap area Impervious area postdeeefapmetd %imper*w Design mired doh 6forageVoluirm. Non-8AWaters Mlnkram volume required Vot mil provided tit MP Volamo: $A Wars 1.5'runavolume Pra4welopment 1-yr, 24hr rt W Pestdevelopmerd 1-0. 244rr runoR Minimum volume required Volume paivided Veal FlanrCalculatlme Is Ore prolpod eorrlyd of the lyr 241r stonrt peak Row required? 1-yr, 24-hrradddWM Rational C, pre deelaprner� Rallonal C, p d,development Raurtafl k r. I- r. 244ir sloe Fw-devA meta lic 24fir peak flow Post -development 1-yr, 24-hr peak bow Ptel.QW 1-yr. 241w peak On caobot EGrvations Temporary pool elevation Pmmaned pool*MrAon SHWf elevation (apprm at the perm. peal etevalon) sap a 1Dn,regei�d shelf ete�ra6on Bodam of 1U8vegeteted shell elevaflat Sediment deenout, top elevation (btom of pond) SerBrtrenlciaenotrt, txdMrnelevatlart Sediment stotege provided Ishnadddionalvolumeslarodabovetheatat gWtikedtamp-pool? DwagmafthetapaillmaddillonalWume 921=6 REVISED OMO POW 1 357.717 pz 12SAD I? 35.00 % 1.5 In ....., HAD() f? 3ZSW I? O, volume Pmulded is egttet to o: In excess or vdtane required. Y- ____(Y orN) 38 In 0.20 (wSess) 0.85 (antfless, 3.23 kft OK 5.30 CIseo 30.58 Its ft 12A tW lin karat 11.10 bw i1.5D terd 1D.5D inui e w &OD feel 1.00 a (YWtq SE 0 Data not needed torcalcuia8an q*n #1. k d OK d provided a93 Fp]01f95" FOt CAVAft O*n R la tPA OK 07 providel AU6 1 1 2ui� QY; FWM sw401.wet Dabntlan Bak a w.iwianx Peru t a It. rnmM. Page 1 ar2 L DF, M INFORMATM 8erfarw Ares Ata- y Pod MAN It? Area REQUIRM, pe wwl pool 10.016 e SATOA rho — 280 (un3w) Area PROWMD, pam went pod, AO,, , 29M f? OK Area: bottom of 101t vegetated dA Am." 16.450 Re Area. Sediment cleanoat, tcp aW d+om (bottom of pored), 4.0M R Volumes V&ma,1wpmry Pet] 32,500 R OK Vokrme, pmmrererJ peat, 130,750 Volume. fsfaboy (ism of lcrab4s d are v ai one fore*) 26.750 Fambay?50r 205%% OK 8A,'OATa: to Dili Designi88 amyel gat % Coastal SAMA TaVa Used: Y (Y w N) Ma uFiOdmont $AipA Table Used? N (Y or N) SMAratia 2,80 (uNtless) Pmage d64 (usad In MA !able). Cak Mon cpton I usad? (See Fgrrre 10.2b) Y (Y or N) Volume, pamianent psi. V,.,d 130.750 fe Area Provided, Pemmaent pool, Av.e.,d M.M l Average depth catculafed 4,51111 OK Average depth used in SAIDA, d„ (Round to rest 0.5R) 4.5 R OK Calculation opW 2 used? (Sea Figure 10-2b) N (Y ar N) Area Pr'AW, Pent Pod. Ao .-xd 29,00D r? Area, bottom of 10ft vegetned shelf, N uw 15,250 f Aria, Sediment desraul, top deva8on (bottom of Pond). Aw.,.d 4,000 R TOPIW (distance bkv bottom of 108 shelf and top of sedkwd) 4M R Average deo tatai w 4.50 R OK Average depth used in SAM& dN, (Round to down to nearest 0 5Fl) 4.54 OK Orawdowa Ctkaladons Urarrdown drrough 0riiisa? Diameterolordigi (g crtcuiar) Ar ra 010rdi09 (11400.01M ar) co a(dsclrm"Ica) Ddft tmad lH) Draw dsurmtoou--gh wah t welrwo Coefficient of discharge (C.) two orwak (L) g head (M ft4eve4meal '-yr. 24 hr peak Flow Pod*velopatent 1•yr, 24-hr peak lbw Sbrage volume dhteharge rate (through disdrmge wft or weir) Slwage volurne dmwdowrr Flora Additional Intormnad0n Vegetated side slopes Vqptdod shelf slope VayeEated Shelf eridlh l�rrg8rotflwrpaffu�width robe LeegttrtDwdth raft Tlash rack lwoverdow d or8h a? Frecbowd provdad Vqotatad faker pr Wed? Reworded &ak%e moment pravhled? Capures aft R ff at u lbwete bo5d Omh madom fm rytMei ce or wnargencies Is: z 00 In h? 0.60 (-Ifts) 033 It N (Y or N) (U) (UNNM) R R 5.3II>t' M 3111111 felsesec On feisec 3.00 days OK, draws down In 2-5 days. Permit No. (10 be goridsd by CKV) 3:1 OK 10 :1 OK GCEI `� 10.04 OK ON AUG I 1201" ox Y (Y a. N) OK 1.0 R talc BY: N (Y w N) OK Y (Y of N) OK Y (Y w N) OK Porweptaw FOIM SW4e1 %Vd OMW* r 88*Wltav "1012 Pale l 6 & DWF O mmary. Pe0 2 of 2 Permit No.�Id IWl17 tmba X-MadbyOM) STORMIWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This lbrm must he idled out, printed an wb dted The lhra# (P81iN1}muSt60p rfad Mbdoularrderrbmdfed8!Cl,1wdfreUoftherepuirediRfcm#L,c1L Project name'" Conw pemon Phone number Date Draktage area rua ftr iL INFORMATION Slle Chawtemics Drainage are Impervlasam, post4evelopment % hwvlmn Design rainfall depth Stor#Oevokow.. No1r Walme wtxan vofurlul regldred Volume provided SioripVc1urm SAW&bn W nmoRvdume Pr"evdopmerd 1-yr, 24du we Po94vidopmenI 1yr, 244naoH M nh un vdume required Vdume provided Pak FlowCaleub0ons left prelpost conhvf of ft 1yr 24hr storm peak ila► nupW4 11r.24-hrrOMdeo RWAM C Radond C, posWev lopmerd Rdrftsd i 1yr;"slam Pre4w*praerd 1yr, 24drr peaK flow Post-developuno 1 yr,"puk flow Pm?ost 1-yr,"pod low ox*d Elevations Temp" pad elevation Permanent pod weabon SHWT dragon (eppmx at the pern pod eferdionl Top of tOfi vegetated aheNdevaiion Bottom of 1Dft vegetated sticif efevalon S"rn" deemed; tv efevalian (batten of pw4 Sed3msrt doamK boamn devaton Sedmed storage provided Is ft m addffiood vahrma stored above the state -required MV. pool? Sevalon of the top of fhe additwo vctume Pond 2 507x e u7,52D e 35.OD % 1.5 In 23,140 ft' 35,wo DK, vdume pmvWed is arpral le er kf excess of yoNnrre required. 1150 6nsf 13.G0 fms! ii.3D inm, 1,.5D. (mst 10 50 fins 4.00 tmsf am tw 1.g011 (rerhl) CA ',, e SEAL a' 20007 OK = �� cq3 .,,1,10 S ;d -4© Dwa not needed fbrcolcuMon option 01, bW OK if provided. Data not needed for admilagon option #1, but OK if provded. EcILw AUG 1 120 sY: FWM SW101-4Yat DaWnbw 822hAM.9411N12 Pets L a R. Omar. $ratnnary, page f or 2 R DEM NFORMATIMI 9ur(aee Areas AFM > y Pod 25AD ft Area REQUIRED, pumarrent pod 17.245 e twuA atto 3.40 (rinses) Aran PROVIDED, perrna w! pool, Ap, 19,500 le OK Ara% bottom of iOftvegetadsltdl. Am_,m 11,250 ft' Arm, sediment clawa t top etwOn (bait m of pmM, AL,, 500 f volumes Valuate, temporary pool 35,ODO fta OK Vdame, pammant Pool. VW.'w ?ZM ft' Volume, farebay (sum of forsbeys ilmom Oran as ta(aW) 14,675 R? Fovebay % of pemmanent Pod volume 20 5% % OK SAMA Table Data Design T8.8 mmovat 90 % Coaslal SAIDA Table Used? Y (Y m N) MwbkdPbdmotd SAMA Table Used? N (Y or N) SAMA mkb 140 (mom) Average depth (used in SAIDA lawe): Ca)cuation aIft 1 used? (See Fgure 10.2b) Y (Y or N) velum% Pint PA voa.'d 72,ti25 it° Area provided. Dem►anent Pod, A,..,, 19,500 6` Average depth caicrlaled 3ofl OK Average depth used in SAMA, d,,, (Round to nearest 0.51) 3,7 R OK Calculation option 2 used? (See Figure 10-2b) N (Y or W) Ama provided. ftenna *M Pod. Awjw 19.5m fe Area, bottom of 104 vepMW $half, k, ,,, 11,250 IV Area, sedlino tcleanad. top elevation (bottom of xM). Aw,,w sw flr 'Depth' (dkem= bfw bottom of 1011 shelf ad top of sedkner4 6.50 R Ave9e depthsafcul" 3.70 It OK Average depttr used in SAIDA, d.,, (Retard to down to nearest o 5m 3.7 It OK Drawdown Calculations Drawdown 0aough odw? Diameter of od w (ldreular) Areaof odfiee.(iWtorl-ckeder) CoefAcientof dbdrage (Cn) Driving tread (NJ I)t MbMthronghwetr? weir" Co ftwd of dtsdtarge (C,) Lagth of war Q DrIft had (N) Pm4evelaprnent:l1r, 24-hu peak low Poat-davdopmeat t jr, 244v peak low Smrage volume dbdwp vale (through d s*qe ado orvidr) Slordge volume drawdowrt Was Additional Informetlon vegetated sWe slopes Vegetalsd sheelsktpe Vegetated ah wwth l:erSM of Swapath to width rails Lengtfl to wkkh rafts Treah.mck for averlow & wSce7 Freeboard provided Vegetated filer proWded? Recorded draktage easement provided? Capurn all nutoii at ultbnate buidaui? Dry rnaeha 46m tar malyder a or wwpndo a: Y (Y or Nj 200 in h►= 0.� (unEiess) 033 R V (YorN) time") — (tadleas) It It 7.52 elm X63 felsec 0.47 R'tsec 1.60 days OK,.drews dorm in 2-5 days. Permit No. fro ba Prod dad by am) 3:1 OK 1 OK E)l 10,o a OK � C E �� 3 : 3 :1 AI( 30:1 OK A AUB i 1 2 0 Y (Y x N) OK F� 1.o R O'K N (Y or N) OK BY: Y (Y or N) OK Y (Y or N) UK T;Owp—w—w Form ewaat-vvat weruo Bee k~.94n&M2 Pam I R n Omlpn S W^W. Pap 2 nt 2 „Y . , V {I ,IV I V_ I V & FiAJI•� State stormwater Managemenc OYUWI 17 Permit !�^ 1s07'17 Page 1 of 2 Roundree Ridge gtnrm ter Permit No. SW81fip717 certification i, r N , W& C , as a duly registered l �q i0t eer- in the State pf North Carolina, having been authorized to c bserve (periodicallYlweeklyifui! time) the constriction of the project, for 17 i2S / '•' f ! LLL (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 Oat the construction was observed to be built within substantial compliance and intent of tho approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. deviations from approved plans and specifications: Signature Akw' 44'54� Regi itration Number q Z ©ate i I aQ SEAL 9r 19742 �NGINE�P4 r ri r PMY 12 2oza � !� av` r* - -. -0.r^ Vw i V I V I V. PV P MA1 I_Jt P rwIv/WVIW I—wr biaw ammwnr managememt a►ysmms Peimit No. 5W6 160717 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. wl�_Z. The drainage area to the system contains no more than the permitted amount of built -upon area. ,Mg( 3. Ail the built -upon area associated with the project is graded such that the runoff drains to the system. EA-4. All roof drains are located such that the runoff is directed into the system. ,p 7-5. The outlet/bypass structure elevations are per the approved plan. ,fiWL6. The outlet structure is located per the approved plans. . n 1 ,7. Trash rack is provided on the outlet/bypass structure. AW� 8. All slopes are grassed with permanent vegetation. owN 9- Vegetated slopes are no steeper than 3:1. , WA 0. The inlets are located per the approved plans and do not cause short-circuiting of the system. IAM11. The permitted amounts of surface area and/or volume have been provided. I&L12- Required drawdown devices are correctly sized per the approved plans. .,&LvA_13. All required design depths are provided. iv 414. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 00415. The required dimensions of the system are provided, per the approved plan. IAP9 16. All components of the starmwater BMP are located in either recorded common areas, or recorded easements. cc: NCDEQ-DEMLR Regional Office New Hanover County Building Inspections w- 0--- 0-fa lEcEIVE DEC 18 2018 BY. BK: RB 6044 111II111111111I111fflI1 11111 PG: 712-726 2017008206 NC FEE $28-00 RECORDED: 03-17-2017 NEW E ERFCBOEUs� NC 12:18:01 PM nHANOmy BY, ANDREA CRESWELL REGISTEROFOEEDS ASSISTANT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROUND TREE RIDGE This Declaration is made this the J7 "day of Mq rak 2017 by Round Tree Ridge LLC, a North Carolina limited liability company (hereinafter referred to as the "Declarant"), and any and all persons, firms, or corporations hereinafter acquiring any of the within described property and any of the property hereinafter made subject to these Restrictive Covenants of Round Tree Ridge (hereinafter referred to as "Restrictions"). WITNESSETH: WHEREAS, Declarant is the owner of certain property in New Hanover County, North Carolina known as Round Tree Ridge; and WHEREAS, Round Tree Ridge is more particularly described by General Warranty Deed in Deed Book 5990 at Page 550 of the New Hanover County Registry and by map(s) thereof entitled "Round Tree Ridge" and duly recorded in Map Book �2„ Page.W of the New Hanover County Registry, to which reference is hereby made for a more complete description; and WHEREAS, said Round Tree Ridge lots are so situated as to comprise a neighborhood unit, and planned community, and it is the intent and purpose of the Deciarant to convey the aforesaid lots to persons who will erect thereon residences to be used for family purposes, subject to the provisions hereinafter set forth; and Return to; om Sin I`+h WHEREAS, Declarant has agreed to establish a general plan of development as herein set out to restrict the use and occupancy of the property made subject to these Restrictions for the benefit and protection of the property and for the mutual protection, welfare and benefit of the present and the future owners thereof; and WHEREAS, Declarant has filed and recorded separately with the Register of Deeds for New Hanover County a Subdivision Street Disclosure Statement, which is incorporated herein by reference as if fully set forth; and WHEREAS, Declarant desires to provide for the preservation of the value of Round Tree Ridge made subject to these Restrictions and for the construction, maintenance and preservation of the Common Property. NOW, THEREFORE, in accordance with the recitals which by this reference are made a substantive part hereof, Declarant declares that all of the property described herein on above said recorded plat (and all future plats(s) that may be made a part hereof in the manner set forth below) is made subject to these Restrictions and shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of Round Tree Ridge as it now exists and may hereafter be expanded, and that such easements, restrictions, covenants and conditions shall burden and be appurtenant to and run with said property and be binding on all parties now or hereafter owning said real property and their respective heirs, successors and assigns, having any right, title or interest in the properties now or hereafter subjected to these Restrictions, and shall inure to the benefit of each owner thereof and their respective heirs, successors and assigns. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Round Tree Ridge Homeowners' Association, Inc., a North Carolina nonprofit corporation. Section 2. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all property including improvements thereto owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot shall be the 2 storm water retention ponds and surrounding open area designated as "common area", if any, on the plat of Round Tree Ridge together with the, mailbox area, the "wetlands" and the private streets as shown on the recorded plat. Section 5. "Lot" shall mean and refer to any plat of land shown upon any recorded subdivision map of the properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to Round Tree Ridge, LLC, and its successors and assigns. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid. Said suspension may be continued without further hearing until the violation or delinquency is cured. (b) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two thirds (2/3) of each class of members has been recorded. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Declarant and Stevens Building Company, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. 3 Class B. The Class B members shall be the Declarant and Stevens Building Company and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership, and the period of Declarant Control will cease, on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; (b) on December 31, 2028; or (c) Or such time as the Declarant elects to assign its Declarant rights to the Association, in its sole discretion. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to maintain, repair and improve the private street and road system; the private storm water pond and storm water ditches and storm water retention facility within the planned community; the wetlands within the planned community; and the Common Area. Section 3. Special Assessments for Capital Improvements. In addition to the assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that such assessment shall have the assent of two thirds (2/3) of the vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 4 Section 4. Notice and Quorum of Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 5. Rate of Assessment. The Association may differentiate in the amount of Assessments charged when a reasonable basis for distinction exists, including but not limited to as between vacant Lots of record and Lots of record with completed dwellings for which certificates of occupancy have been issued by the appropriate governmental authority, or when any other substantial difference as a ground of distinction exists between Lots. However, Assessments much be fixed at a uniform rate for all Lots similarly situated. Section 6. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to each Lot upon the date of acceptance by an Owner of a deed from Declarant The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an office of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18% per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the Common Area or abandonment of his Lot. Section 8. Subordination of Lien to Mortgage. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu therefore, shall extinguish the lien of such assessment as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 5 ARTICLE V ARCHITECTURAL. CONTROL Section 1. Developer's Rights. All.duties and responsibilities conferred upon the Architectural Review Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration. Section 2. Building and Site Improvements. (a) No dwelling, fence, wall or other structure shall be commenced, erected, or maintained upon any Lot in the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all lots by Declarant, by the Board of Directors of the Association, or by an Architectural Review Committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specification shave been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal of approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations that in the sole and uncontrolled discretion of the Declarant or Architectural Review Committee shall seem sufficient. One copy of all plans and related data shall be furnished to the Declarant or Architectural Review Committee, as the case may be, for its record. Neither the Declarant nor the Architectural Review Committee shall be responsible for any structural or other defects in plans or specifications submitted to it or any structure erected according to such plans and specifications. (b) No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block nor tar paper composition shall be used for the exterior of any residence constructed on any building lot herein conveyed, it being intended that only conventional brick, clay brick, vinyl or exterior composition sidings for exteriors be constructed on the lots subject to these covenants. Section 3. Approval of Plans. (a) No house plans will be approved unless the proposed house shall have a minimum of 1200L square feet of enclosed dwelling area for one story homes and 1800 square feet of enclosed dwelling area for two story homes. No home shall exceed a maximum square feet of 3500 for a one story home and 4000 square feet for a two story home The term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling, provided, however, that such term does not include garages, terraces, decks, open porches, and like areas; provided, further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area". (b) Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological, and related consideration, specific setback lines are established by New Hanover County Zoning. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Review Committee, as the case may be. Provided, however, that no dwelling shall be constructed closer than five (5) feet to an adjoining property line. (c) The exterior and landscaping of all houses and other structures must be complete within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner of builder, due to strikes, fires, national emergency or natural calamities. (d) No structure shall be erected, altered, placed, or permitted to remain on any lot, except one single family dwelling not to exceed two stories in height, exclusive of any structural pilings unless the Declarant or the Architectural Review Committee, as the case may be, approves in writing a structure of more than two stories, and one or more small accessory buildings (which may include a detached private garage, servants quarters, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Declarant or Architectural review Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building. (e) All service utilities, fuel tanks, clothes lines, wood piles, and trash and garbage accumulations are to be enclosed within a fence, wall or plant screen of a type and size approved by a Declarant of the Architectural Review Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail boxes shall be uniform in design. Design for mail boxes shall be furnished by the Declarant. (f) Off street parking for not less than two (2) passenger automobiles must be provided on each lot prior to the occupancy of any dwelling constructed on said lot, which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt or turfstone. No overnight on street parking shall be permitted. (g) All front, rear and side yards shall be sodded, except for planting beds, shrubbery, trees, patios or other areas designated by the Declarant or the Architectural Control Committee. In the event that the need for maintenance, repair, or replacement (other than said be caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, and smoke as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful, or negligent act of the Owner, his family, guests or invitees, the costs of such maintenance, replacement or repairs shall be added to and become a part of the assessment to which such lot is subject. ARTICLE VI USE RESTRICTIONS Section I. Land Use and Building Type. No Lot in Round Tree Ridge shall be used except for residential purposes, provided, however, this shall not prevent the Declarant or Stevens Building Company from constructing models or sales offices within the subdivision and from operating offices for the purpose of sales and other related activities from said model or office. All Lots (herein referred to as "single family lots") in Round Tree Ridge shall be restricted for the construction of single family dwellings only. Any building erected, altered, placed or permitted to remain on any lot shall be subject to the provisions of Article V of this Declaration relating to architectural control. Section 2. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature that may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly, or un-kept condition of buildings or grounds on such lot which would tend to substantially decrease the beauty of the neighborhood area as a whole or the specific area. Section 3. Lot Maintenance. In the event that any Lot Owner shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after thirty (30) days' notice from the Architectural Review Committee, the 8 Association or its designee shall enter upon such lands and remove the same at the expense of the Owner, and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created in the favor of the Association for the full amount thereof chargeable to such Lot, including collection costs and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefore. Such lien shall be enforceable by Court proceedings as provided by law enforcement liens. Section 4. Temporary Structures. No trailer, basement, tent, shack, garage, bam, or any other out building or structure shall be used on any Lot at any time as a residence either temporarily or permanently. Notwithstanding this provision, Declarant or Stevens Building Company may construct a temporary construction trailer or sales office trailer on any Lot. Section 5. Recreational Vehicles. Any boat, motor boat, camper, trailer, or motor homes, or similar type vehicle remaining on any lot at any time shall be parked in the back yard and screened from view as- not to be readily visible from the street. Section 6. Animals. No animals, livestock, or poultry of any kind shall be maintained on any Lot or in any dwelling except that dogs, cats, or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed. Section 7. Outside Antennas. No outside radio or television antennas shall be erected on any Lot or dwelling unit within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural review Committee. Section 8. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white or non -frost lights or bulbs. Section 9. Junk Vehicles and Tractor -Trailers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor -trailers will be permitted on the premises. The Association shall have the right to have all such vehicles towed away at the Owner's expense. Section 10. Signs. No "FOR SALE' signs or any other signs shall be permitted on any lot or in the common areas without the permission of the Declarant or the Board of Directors, except that a sign conforming to the New Hanover County Sign Ordinance may be placed by Declarant on any Lot used by Declarant as a sale/rental office for the project so long as Declarant owns any Lot in the Properties. Section 11. Tree Cutting. No trees located within Round Tree Ridge with a diameter in excess of ten (10) inches as measured a the base of the trunk at the ground level shall be cut without the written consent of the Architectural Review Committee. 9 ARTICLE VII WATER AND SEWER SERVICES Water and Sewer Service. All lot owners shall be required to use water supplied by the companies servicing the Properties for all household uses. ARTICLE VIII ANNEXATION OF ADDITIONAL PROPERTIES Section 1. The Declarant may annex any adjoining property, in its sole discretion, during the period of Declarant Control. Any such annex shall require the annexed property to be subject to these Declarations and shall contribute to the common expenses under terms and conditions acceptable to the Declarant. Section 2. After the expiration of Declarant control, Annexation of additional property shall require the assent two-thirds (2/3) of the members at a meeting duly called for these purposes, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. ARTICLE IX GENERAL PROVISIONS Section 1 . Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at a law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive period of ten (10) years each. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety (90) percent of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five (75) percent of the Lot Owners. Any amendment must be recorded. Section 4. All property within the Subdivision is subject to the following terms and conditions of with State Stormwater Management Permit Number SW8 160717 10 referenced at Exhibit C, as issued by the Division of Water Quality under NCAC 2H J 000. (a) The maximum allowable built -upon area per lot is 4,000 square feet. 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, but does not include raised, open wood decking, or the water surface of swimming pools. (b) The covenants pertaining to storm water regulations may not be changed or deleted without concurrence of the Division of Water Quality. (c) Filling in, piping or altering any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. (d) Lots within CAMA's Area of Environmental Concern may have the permitted built upon area reduced due to CAMA jurisdiction within the AEC. (e) Further, filling in, piping or altering any designated curb outlet swale associated with the development is prohibited by any persons. (f) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater management permit. (g) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. (h) These Covenants are to run with the land and shall be binding on all persons and parties claiming under them. The Covenants pertaining to storm water may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Environmental Management. (i) No lot owner is allowed to pipe or fill in any swale or ditch used to meet the storm water regulations, except for driveway culverts. 0) Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. (k) - All roof drains hall terminate at least 30' from the mean high water mark of surface waters. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 11 IN TESTIMONY WHEREOF, Round Tree Ridge, LLC, a North Carolina limited liability company, has caused this instrument to be executed in its company name by its authorized member/manager with full authority to act for all of its members and managers and said member/manager has hereunto set his hand and seal as the act and deed of the limited liability company. 12 EXHIBIT A PLAT MAP 13